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Judicial Branch Issues

Potential issues affecting the judicial branch during the 2017-18 Constitution Revision Commission are identified in the categories below. This broad view of issues and the research links provided for each is based, in large part, on findings from the 1997 Judicial Management Council Committee on Input to the Constitution Revision Commission. Additional resource links may include previous Florida House and Senate bills and joint resolutions, other state constitutions and statutes, and various state and national websites and publications.

The information and research provided for each issue are for educational and informational purposes.

Proposals Considered by the Florida Constitution Revision Commission Committees 

Florida Constitution Revision Commission Committees have begun meeting and considering introduced proposals. These could, with approval of the full Commission, be on the November 2018 statewide ballot. If approved by 60 percent of voters, the state’s constitution would be amended.

There is much work and consideration ahead of that.

The Office of the State Courts Administrator offers background on those proposals directly affecting the State Courts System. These summaries and links are offered for informational purposes. The Office of the State Courts Administrator and the courts have not taken positions on these proposals.

Proposal 1

Judiciary, eligibility 

Introduced by Commissioner Roberto Martinez, co-introduced by Commissioner Don Gaetz

A proposal to amend Section 8 of Article V of the State Constitution to increase the age after which a justice or judge may no longer serve in a judicial office.

Judicial Committee hearing video, with this topic begun at minute 41

Background material from the Office of the State Courts Administrator 

Proposal 6

Judiciary, standards of interpretation

Introduced by Commissioner Roberto Martinez

A proposal to create Section 21 of Article V of the State Constitution to require a state court or an administrative law judge to interpret a state statute or rule de novo in litigation between an administrative agency and a private party and not merely defer to the administrative agency’s interpretation.

Proposal 8

Judiciary, Eligibility and vacancies

Introduced by Commissioner Don Gaetz

A proposal to increase the age after which a justice or judge may no longer serve in a judicial office and to require Senate confirmation of appointments to the offices of justice of the Supreme Court and judge of a district court of appeal.

General background material

If you have questions about the work of the Constitution Revision Commission please email them to OSCAmedia@flcourts.org.