Amendment 05:State Courts

Would modify the existing State Supreme Court
Outcome: Failed

Summary

Proposing a revision of Article V of the State Constitution relating to the judiciary. The State Constitution authorizes the Supreme Court to adopt rules for the practice and procedure in all courts. This proposed constitutional revision eliminates the requirement that a general law repealing a court rule pass by a two-thirds vote of each house, thereby providing that the Legislature may repeal a rule of court by a general law approved by a majority vote of each house of the Legislature that expresses the policy behind the repeal. The court could readopt the rule in conformity with the public policy expressed by the Legislature, but if the Legislature determines that a rule has been readopted and repeals the readopted rule, this proposed revision prohibits the court from further readopting the repealed rule without the Legislature's prior approval. Under this proposed revision, a vote to repeal those rules is changed to repeal by general law enacted by a majority vote of the legislators present. This revision requires Senate confirmation of a justice of the Supreme Court before the appointee can take office. If the Senate votes not to confirm the appointment, the judicial nominating commission must reconvene and may not renominate any person whose prior appointment to fill the same vacancy was not confirmed by the Senate.

Hide

what your vote means

Yes

A YES means the Florida Senate will confirm Florida Supreme Court justice appointees and the Legislature can repeal any Supreme Court decision with a majority vote, which is 50 percent plus one. Once the Legislature votes to repeal a ruling, the Supreme Court cannot readopt the decision within three years of the ruling’s repeal.

No

A NO means Florida Supreme Court rules will stay the same, the Florida Senate will not have authority to confirm Supreme Court appointees, and the Florida Legislature will need a supermajority, or 66 percent, to repeal a Supreme Court decision.

Hide

Additional information

Amendment 05 Full textClick here to view.
Measure TypeLegislatively-Referred Constitutional Amendment

Funding

Yes

We're looking for more information. Have a suggestion? Email us at amendments@fcir.org

No

49.3%
28.8%
18.6%
2.5%
0.4%
$242.3 thousand raised in total
RankContributor nameTotal
1ACLU of Florida$119,557
2ACLU OF FLORIDA, INC.$69,757
3ACLU$45,000
4AMERICANS UNITED FOR SEPARATION OF CHURCH & STATE, INC.$5,955
5FLORIDA ALLIANCE OF PLANNED PARENTHOOD AFFILIATES INC.$1,000

Editorials

Yes

We're looking for more information. Have a suggestion? Email us at amendments@fcir.org

No

Campaign Advertisements

Yes

We're looking for more information. Have a suggestion? Email us at amendments@fcir.org

No

We're looking for more information. Have a suggestion? Email us at amendments@fcir.org

Additional Resources

We're looking for more information. Have a suggestion? Email us at amendments@fcir.org

If you are having difficulties with the site please let us know and check back soon.