Florida Amendment 3, Judicial Department Amendment (1970)

Florida Amendment 3
Election date November 3, 1970
Topic State judiciary
Status Defeated
Type Legislatively referred constitutional amendment	Origin State legislature

Florida Amendment 3 was on the ballot as a legislatively referred constitutional amendment in Florida on November 3, 1970. It was defeated.

A “yes” vote supported amending the state constitution relating to the Judicial Department.

A “no” vote opposed amending the state constitution relating to the Judicial Department.

Election results

Florida Amendment 3
Result		Votes	Percentage
Yes		503,992	48.92%
No		526,328	51.08%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Amendment 3 was as follows:

“

NO. 3 – CONSTITUTIONAL AMENDMENT ARTICLE V JUDICIARY. Proposing a revision of Article V of the State Constitution relating to the Judicial Department of the Government.

”

Full Text

The full text of this measure is available here.

Constitutional changes

ARTICLE V JUDICIARY Section 1. Courts. The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts, county courts, magistrate courts, courts established for the trial of offenses against ordinances of municipalities or chartered counties, and, if established by law, a court of review of administrative action. Administrative officers or bodies may be granted quasi-judicial power in matters connected with the functions of their offices, and their orders shall be reviewed as provided by law. Section 2. Administration; Practice and Procedure. The supreme court shall adopt rules governing: (a) the administrative supervision of all courts except courts established for the trial of offenses against ordinances of municipalities or chartered counties; (b) the assignment of justices and judges, including consenting retired justices and judges, to temporary duty in any courts; (c) practice and procedure in all courts, including the time for seeking appellate review; (d) the locations for holding court; and (e) the transfer of any matter to the proper court when the jurisdiction of a court has been improvidently invoked. Section 3. Chief Justice. (a) The chief justice of the supreme court shall be the chief administrative officer of the judicial system. (b) At the beginning of each regular session of the legislature the chief justice shall by message inform it of the condition of the judicial system and recommend measures for the improvement of the administration of justice. Section 4. Supreme Court. (a) Organization. The supreme court shall consist of seven justices, one of whom shall be chosen chief justice by the members of the court. Five justices shall constitute a quorum. The concurrence of four shall be necessary to a decision. (b) Jurisdiction. The supreme court: (1) Shall hear appeals from final judgments of trial courts imposing the death penalty and from orders of trial courts and decisions of district courts of appeal initially and directly passing on the validity of a state statute or a federal statute or treaty, or construing a provision of the state or federal constitution. (2) May review by certiorari any decision of a district court of appeal that affects a class of constitutional or state officers, that passes upon a question certified by the district court of appeal to be of great public interest, or that is in direct conflict with a decision of another district court of appeal or of the supreme court on the same question of law, and may issue writs of prohibition to courts and commissions in causes within the jurisdiction of the supreme court to review, and all writs necessary to the complete exercise of its jurisdiction. (3) When provided by law, shall hear appeals from final judgments and orders of trial courts imposing life imprisonment or entered in proceedings for the validation of bonds or certificates of indebtedness, and issue writs of certiorari to the court of review of administrative action and commissions established by law and writs of mandamus and quo warranto to state officers and state agencies. (4) The supreme court or any justice may issue writs of habeas corpus returnable before the supreme court or any justice, a district court of appeal or any judge thereof, or any circuit judge. Section 5. District Courts of Appeal. (a) Appellate Districts. The state by law shall be divided into not more than four appellate districts of one county or contiguous counties. There shall be a district court of appeal in each district consisting of not less than three judges. Three judges shall consider each case, and the concurrence of two shall be necessary to a decision. (b) Jurisdiction. (1) District courts of appeal shall have jurisdiction to hear appeals, which may be taken as a matter of right, from final judgments or orders of trial courts, including those entered on review of administrative action, not directly appealable to the supreme court or a circuit court. They may review interlocutory orders in such cases to the extent provided in rules adopted by the supreme court. (2) They shall have the power of direct review of administrative action as may be prescribed by law. (3) A district court of appeal or any judge thereof may issue writs of habeas corpus returnable before that court or any judge thereof or before any circuit judge in that district. A district court of appeal may issue writs of mandamus, certiorari, prohibition, quo warranto, and other writs necessary to the complete exercise of its jurisdiction. To the extent necessary to dispose of all issues in a cause properly before it, a district court of appeal may exercise any of the appellate jurisdiction of the circuit courts. Section 6. Court of Review of Administrative Action. There may be established by law a court of review of administrative action composed of not less than three judges. It shall have appellate jurisdiction to hear appeals from such administrative action as may be prescribed by law. Three judges shall consider each case, and the concurrence of two shall be necessary to a decision. The judges of the court shall be subject to impeachment. Section 7. Circuits* Courts. (a) Judicial Circuits. The state by law shall be divided into judicial circuits, each composed of one county or contiguous counties and containing a population of not less than one hundred thousand according to the last decennial census or other census authorized by general law except, the County of Monroe shall constitute one of the circuits. (b) Circuit Courts. There shall be a circuit court in each county. (c) Circuit Judges. There shall be at least one circuit judge for each fifty thousand inhabitants or major fraction thereof in each circuit according to the last decennial census or other census authorized by law. Each circuit judge s hall be a judge of the circuit court in each county in the circuit, except as otherwise provided herein. The county of residence of a circuit judge may be fixed by law, but shall not be changed with respect to an incumbent during his continuous tenure in office without his consent. (d) Jurisdiction. The circuit courts shall have all original jurisdiction not vested in other courts, and such jurisdiction of appeals from other trial courts as is prescribed by law. They shall have power to issue writs of mandamus, injunction, certiorari, prohibition, quo warranto, habeas corpus, and all other writs necessary or proper to the complete exercise of their jurisdiction. They shall have the power of direct review of administrative action prescribed by law. Section 8. County Courts. (a) County Courts. In each county having a population not in excess of one hundred thousand according to the last decennial census or census authorized by general law, and in no other county, there shall be a county court unless that court shall have been abolished, and not reestablished, by vote of the electors pursuant to law except, a county court in counties without a magistrate court exercising; countywide territorial jurisdiction shall not be abolished. (b) County Judges. There shall be provided by law one or more judges for each county court. (c) Jurisdiction. County courts shall have the jurisdiction prescribed by general law. When provided by law, the county judge of any county shall be ex officio judge of a magistrate court within the county. Conditions upon which chartered counties or municipalities may authorize county courts to issue process and try violations of their ordinances may be prescribed by law. Section 9. Magistrate Courts. (a) Courts. There shall be a magistrate court in each county or, if the county be divided by law into magistrate court districts, in each magistrate court district, unless that court shall have been abolished, and not reestablished, by vote of the electors pursuant to law except, a magistrate court exercising countywide territorial jurisdiction in counties without a county court shall not be abolished. Magistrate court districts may be consolidated or changed by law. (b) Number of Judges. There shall be one or more judges for each magistrate court as provided by law. (c) Jurisdiction. The judges of magistrate courts shall perform such duties and exercise such jurisdiction as shall be prescribed by general law. Conditions upon which chartered counties or municipalities may authorize magistrate courts to issue process and try violations of their ordinances may be prescribed by law except, in the case of chartered counties, no such authority shall be given to a magistrate court to try violations of county ordinances unless authorized in the charter of the county or approved by vote of the electors of the county. Section 10. Additional Judges. Additional judges for any court except the supreme court may be authorized by law upon certification of need by the supreme court. Section 11. Specialized Divisions of Circuit Courts. (a) Divisions; Jurisdiction. A uniform system of specialized divisions of the circuit court may be established by general law in all counties having a population in excess of one hundred thousand according to the last decennial census or other census authorized by general law, each division exercising the specific jurisdiction fixed by general law. (b) Judges. There shall be provided by law one or more circuit judges for each specialized division of a circuit of a circuit court who shall be judges only of the circuit court in the county in which their respective divisions are situate. Judges of specialized divisions shall be elected to their respective divisions by the electors of the county in which their divisions are situate. (c) Jurisdiction of Judges. All judges of the circuit court in each county, including judges of specialized divisions, shall have jurisdiction to hear all cases within the jurisdiction of the circuit court in that county. Section 12. Eligibility. A justice or judge shall be a citizen and elector of the state and reside in the territorial jurisdiction of his court. A justice of the supreme court or judge of a district court of appeal or court of review of administrative action must have been a member of the bar of Florida for the preceding ten years. A judge of a circuit court must have been a member of the bar of Florida for the preceding five years. Each judge of a county court or magistrate court must be a member of the bar of Florida unless otherwise provided by general or special law. Section 13. Vacancies. The governor shall fill by appointment each vacancy in judicial office. Judicial nominating commissions may be established by law, and appointments to judicial office may be limited to nominees of such commissions. All appointments to judicial nominating commissions shall be subject to confirmation by the Senate. Section 14. Elections; Terms. (a) Justices and judges shall be chosen by the electors within the territorial jurisdiction of their respective courts in the same manner as other state and county officers are elected or, when provided by general law, in nonpartisan elections; except, the method of selection of judges of the court of review of administrative action may be prescribed by law. (b) The terms of all justices of the supreme court, judges of district courts of appeal, judges of the court of review of administrative action and circuit judges shall be for six years. The terms of judges of county courts and magistrate courts shall be prescribed by general law. The terms of justices of the supreme court and judges of the district courts of appeal shall be appropriately staggered. Section 15. Discipline; Retirement; Removal. (a) There shall be a judicial qualifications commission composed of: (1) two judges of district courts of appeal appointed by the judges of those courts and two judges of circuit courts appointed by the judges of those courts; and, when provided by law, not more than two judges of the court of review of administrative action appointed by the judges of that court, one judge of a county court appointed by the judges of those courts and one judge of a magistrate court appointed by the judges of those courts; (2) two electors who have resided in the state and been members of the bar of the state for eight years, appointed by the governing body of the bar of Florida; and (3) three electors who have resided in the state for five years and have never held judicial office or been members of the bar, appointed by the governor. (b) The members of the judicial qualifications commission shall serve appropriately staggered terms not longer than six years fixed by law. No member of the commission shall hold office in a political party or, except as provided herein, public office. The commission shall elect one of its members as its chairman. (c) The supreme court shall adopt rules regulating proceedings of the commission, the filling of vacancies by the appointing authorities and the temporary replacement of disqualified or incapacitated members. After recommendation of removal of any justice or judge, the record of the proceedings of the commission relating thereto shall be made public. (d) Upon recommendation of the judicial qualifications commission, concurred in by two-thirds of its members, the supreme court may order that any justice of the supreme court, judge of district court of appeal, judge of the court of re view of administrative action, judge of a circuit court, and when provided by law any judge of a county court or judge of a magistrate court, may be disciplined by private reprimand; removed from office, with termination of compensation, for willful or persistent failure to perform his duties or for other conduct unbecoming a member of the judiciary; or involuntarily retired for any disability which seriously interferes with the performance of his duties and which is permanent. (e) A justice or judge shall not serve after attaining the age of seventy years except to complete a term half of which he has served or upon temporary assignment. (f) The power of removal conferred by this section shall be cumulative to the power of impeachment and to the power of suspension by the governor and removal by the senate as to judges of county courts and judges of magistrate courts. (g) A justice or judge removed from office shall be subject to discipline as an attorney for professional misconduct prior to or during his tenure in office. Section 16. Prohibited Activities. Justices of the supreme court, judges of district courts of appeal, judges of the court of review of administrative actions and judges of circuit courts shall devote full time to their judicial duties. They shall not engage in the practice of law or hold office in any political party. Similar prohibitions with respect to judges of other courts may be provided by law. Section 17. Judicial Salaries. Justices of the supreme court and judges of district courts of appeal, the court of review of administrative action and circuit courts shall be compensated by salaries fixed by general law which shall not be diminished during the terms for which they have been elected or appointed, unless as a part of a general reduction of salaries applying uniformly to all salaried officers of the state. No circuit judge shall be paid a salary equal to or greater than the salary paid judges of district courts of appeal nor shall any judge of a district court of appeal be paid a salary equal to or greater than the salary paid to the justices of the supreme court. Judges of county courts and magistrate courts shall be compensated by salaries fixed by law, and may also be compensated for nonjudicial services as provided by law. Section 18. Grand Juries. (a) The composition, length of service and number of grand juries shall be prescribed by general law. For these purposes, counties may be reasonably classified on the basis of population. (b) A grand jury shall be convened in each county at least once in each year. (c) The proceedings of grand juries shall be regulated by rules adopted by the supreme court. (d) Except as a reasonable incident to a report of its findings relating to the adequacy and care of public property and facilities, the conduct of public business or the performance of duties by public officers or employees, no grand jury shall make a presentment, other than a formal charge of crime, which is derogatory of any person. Section 19. State Attorneys. In each judicial circuit a state attorney shall be elected for a term of four years to perform duties prescribed by law. State attorneys shall appoint such number of assistant state attorneys as may be authorized by law. The salaries of state attorneys and assistant state attorneys shall be fixed by general law. Section 20. Attorneys; Admission and Discipline. The supreme court shall have exclusive jurisdiction to regulate, in such manner and through such agencies as may be prescribed by its rules, the admission of persons to the practice of law and the discipline of persons admitted. Section 21. Trial by Jury. Every charge of violation of a county or municipal ordinance, which is also a violation of state law, in a court in which a jury trial is not provided shall be transferred, upon demand of the defendant, to an appropriate court in which a trial by jury may be secured. Section 22. Schedule. (a) This article shall replace all of Article V of the Constitution of 1885, as amended, which shall then stand repealed. (b) Except to the extent inconsistent with the provisions of this article, all provisions of law and rules of court in force on the effective date of this article shall continue in effect until superseded in a manner authorized by the constitution. (c) On the effective date of this article and until changed by general law adopted thereafter, there shall be established in the circuit court in each county in which the population is in excess of one hundred thousand according to the last decennial census or other census authorized by general law, a juvenile and domestic relations division, a probate division and a criminal division. Until provided by general law as required in Section 11(a) herein, each such division shall hear case s assigned to it pursuant to rules adopted by the supreme court. (d) After this article becomes effective, and until changed by law consistent with this article: (1) The supreme court shall have the jurisdiction immediately theretofore exercised by it. (2) District courts of appeal shall have the jurisdiction immediately theretofore exercised by them. (3) Circuit courts shall have the jurisdiction immediately theretofore exercised by them and by all the courts abolished by this article, except the jurisdiction vested by this article in other courts. (4) In addition to the trial of misdemeanors, each county court shall have all of the jurisdiction immediately theretofore exercised by the county judge’s court, the county court, the juvenile court, and any small claims court presided over by the county judge, wherein such courts existed in the respective county immediately before this article became effective. (5) Magistrate courts in each county shall exercise in their respective counties and districts the jurisdiction in civil cases and the trial jurisdiction in criminal cases exercised by the respective small claims courts whose judges held no other office, small claims-magistrate courts, magistrates court of Brevard County, traffic court of Hillsborough County, and justice of the peace courts immediately before this article became effective, each judge being limited to the jurisdiction theretofore exercised by the court of which he was judge. All judges of magistrate courts shall be coroners and committing magistrates. (e) When this article becomes effective: (1) All courts not herein authorized shall cease to exist and jurisdiction to conclude all pending cases and enforce all prior judgements shall vest in the court which, under this article, would have jurisdiction of the cause if thereafter instituted. All records of, and property held by, courts abolished hereby shall be transferred to the proper officer of the appropriate court under this article. (2) In counties having a population in excess of one hundred thousand according to the last decennial census or other census authorized by general law, judges of county judges’ courts, juvenile courts and juvenile and domestic relations courts shall become judges of the circuit court in the county in which they reside. The judges of the civil courts of record of Dade and Hillsborough Counties, the criminal courts of record of Dade, Duval, Hillsborough, Monroe, Orange, Palm Beach, and Polk Counties and of the felony court of record of Volusia County, the civil and criminal court of record of Pinellas County and the courts of record of Broward, Brevard, Escambia, Lee, Manatee, and Sarasota Counties shall become judges of the circuit court in the county in which they reside. All judges of various courts who become judges of circuit courts pursuant to this section shall serve as circuit judges for the remainder of terms expiring with terms of other circuit judges. All judges of the criminal courts of record of Dade, Duval, Hillsborough, Orange, Palm Beach, and Polk Counties and of the felony court of record of Volusia County and an appropriate number of judges of the courts of record of Broward, Brevard, Escambia, and Sarasota Counties s hall be assigned by the chief justice of the supreme court to service in criminal divisions of the circuit court in the county in which they reside. Judges of the juvenile division of the court of record of Escambia County and judges of juvenile courts and juvenile and domestic relations courts who become judges of circuit courts shall be assigned to the juvenile and domestic relations divisions of the circuit court in the county in which they reside, and judges of county judges’ courts who become judges of circuit courts shall be assigned to the probate division of the circuit court in the county in which they reside. (3) In counties having a population not in excess of one hundred thousand according to the last decennial census or other census authorized by general law, judges of the county judges’ courts shall become judges of the county court in the county in which they reside. In counties having a population not in excess of one hundred thousand according to the last decennial census or other census authorized by general law, judges of juvenile courts who hold no other office shall become judges of the county court in that county, and for the remainder of their terms, they shall receive a salary not less than they received as juvenile court judges immediately before the effective date of this article. The judge of the court of record of Alachua County shall become a judge of the county court of Alachua County. (4) Justices of the peace, judges of the small claims-magistrate courts, magistrates court of Brevard County, traffic court of Hillsborough County, and the judges of small claims courts who hold no other office, shall become judges of magistrate courts, each serving, for the remainder of his term, a magistrate court district identical with his former territorial jurisdiction. (5) Until otherwise provided by county charter or by vote of the electors pursuant to law, there shall be a constable, elected for a term of four years, in each magistrate court district succeeding to the territory of a justice of the peace district existing immediately before the effective date of this article. (6) When no provision has been made for the judge of any court abolished by this article, such judge shall become a judge of the court in which is vested the greater part of the jurisdiction of his previous court for the remainder of his term or, in the event he becomes a circuit judge, for the remainder of a term expiring with the terms of other circuit judges. (f) Special Local Provisions. The following special provisions shall apply to the designated courts and counties superseding inconsistent general provisions: (1) For purpose of this article, with the exception of Section 7, Alachua County shall be considered as having a population not in excess of one hundred thousand until after the 1980 federal decennial census. (2) In Escambia County until otherwise provided by law approved by vote of the electors, and in Broward County until otherwise provided by law there shall be a county clerk who shall also be clerk of the board of county commissioners, county recorder, and ex officio auditor and shall perform the duties prescribed by law. (3) In Escambia and Broward Counties until otherwise provided by law, the clerk of the circuit court shall serve as clerk of all magistrate courts in the respective counties and perform duties prescribed by law. In Polk County the clerk of the criminal court of record shall, until otherwise provided by law, serve as clerk of all magistrate courts and perform duties prescribed by law. (4) No magistrate court shall be established by this article in any county in which immediately before the effective date of this article there was no justice of the peace court, magistrates court, or small claims court whose judge hold s no other office, except a magistrate court shall be established in Pinellas County upon the effective date hereof. (g) Limited Operation of Some Provisions. (1) The qualifications for appointment or election to judicial office fixed by Section 12 shall not apply to the future election of persons to judicial offices held by them immediately after this article becomes effective. (2) No justice or judge holding office immediately after this article becomes effective who held judicial office on June 30, 1957, shall be subject to retirement from judicial office pursuant to section 15(e). (3) Except as provided in Sections 1, 2(c), 3, 8(c), 9(c) and 21, this article shall not apply to courts having jurisdiction for the trial of offenses against ordinances of municipalities or counties. (4) The court authorized by Article VIII, Sections 6(e) and 6(f), of the Constitution as amended in 1968 shall not be affected by this article except as provided in Sections 1, 2(c), 3, and 21. (5) Notwithstanding the provisions of Section 7(a), and until otherwise provided by law, the third judicial circuit as constituted immediately prior to the adoption of this article shall continue to constitute a judicial circuit. (h) Number of Judges. Until changed by law the number of judges of the circuit court in each circuit shall be that number required by Section 7(c), increased by the number of judges of other courts becoming circuit judges by operation of this section, with one additional judge in the circuit in which is located Duval County and one additional judge in the circuit in which is located the state capital. (i) Election of Judges. Should provision be made by law for the nonpartisan election of justices and judges in odd-numbered years, the first such law may provide that the term of each judicial office beginning next after the first such election shall be one year shorter than as otherwise provided herein. (j) Nonjudicial Duties of County Judges. Until otherwise provided by law, the nonjudicial duties required of county judges shall be performed by the judges of the county courts in counties in which that office exists, and in counties i n which there is no county court they shall be performed by the officers to whom they may be assigned by proclamation of the governor. (k) County Solicitors, Prosecuting Attorneys. Until otherwise provided by law, county solicitors or county prosecuting attorneys, when those offices exist by law, shall prosecute the classes of crime within the jurisdiction of their respective offices immediately prior to the date this article becomes effective. The offices of county solicitor or county prosecuting attorney, if elected, shall not be abolished in any county except by vote of the electors of that county. (l) Population Changes. Each judge of a county court in a county which attains a population in excess of one hundred thousand according to the decennial census or other census authorized by general law taken next after this article becomes effective shall become a judge of the circuit court in that county for the remainder of a term expiring with the term of other circuit judges and shall be assigned by the chief justice of the supreme court to service in an appropriate specialized division of the circuit court in that county. (m) Clerks of Courts. After the effective date of this article, clerks of courts shall continue to serve as follows: (1) Except as hereinafter provided, the clerks of the circuit court will continue to serve in such offices in their respective counties. (2) In counties having a population not in excess of one hundred thousand according to the last decennial census or census authorized by general law, the elective clerks of the courts abolished by this article who are in office before the effective date of this article shall serve the remainder of their term as clerks of the county courts in their respective counties with salaries not less than they were receiving immediately before the effective date of this article. (3) Except as hereinafter provided, in counties having a population in excess of one hundred thousand, the elective clerks of the courts abolished by this article who are in office immediately before the effective date of this article s hall serve the remainder of their term as deputies to the clerk of the circuit court in their respective counties with salaries not less than they were receiving immediately before the effective date of this article. (4) In Escambia and Broward Counties the persons holding the offices of clerk of the circuit court immediately before the effective date of this article shall become, for the remainder of their term, the county clerk of their respective counties, which offices are established in Section 22(f)(2) of this article. (5) In Escambia and Broward Counties the persons holding the offices of clerk of the court of record immediately before the effective date of this article shall become the clerk of the circuit court in their respective counties for the remainder of their term. (n) Deletion of Obsolete Schedule Items. The legislature shall have power, by concurrent resolution, to delete from this article any subsection of this Section 22, including this subsection, when all events to which the subsection to be deleted is or could become applicable have occurred. A legislative determination of fact made as a basis for application of this subsection shall be subject to judicial review. (o) Effective Date. Unless otherwise provided herein, this article shall become effective at 12:01 o’clock A.M. Eastern Standard Time, July 1, A. D., 1971.

Path to the ballot

See also: Amending the Florida Constitution

A 60% vote was required during one legislative session for the Florida State Legislature to place a constitutional amendment on the ballot. That amounted to a minimum of 51 votes in the Florida House of Representatives and 18 votes in the Florida State Senate, assuming no vacancies. Amendments did not require the governor's signature to be referred to the ballot. Amendments on the ballot required a simple majority vote in this year.

See also

1970 Measures

• 1970 Measures
• State judiciary on the ballot
• 1970 legislative sessions

Florida

• Florida ballot measures
• Florida ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Florida Constitution Revision Commission, "Florida's Constitutions: The Documentary History"
• Ocala Star-Banner, "Automatic Voting Machine Sample Ballot, General Election, November 3, 1970, Marion County, Florida," October 26, 1970