Appellate Revisions_Amendments_Article V - Supreme Court



Contents

Revision Appellate Rules 1977 1

APPELLATE STRUCTURE COMMISSION 2

ARTICLE V AMENDMENT, 1980 3

REVISION OF ARTICLE V, 1966 4

RESEARCH MATERIALS 5

REVISION OF ARTICLE V, 1957 6

Creation of the District Courts of Appeal 6

RESEARCH MATERIALS 6

PUBLICITY 7

ADDITIONAL SOURCES 7

ARTICLE V REVIEW COMMISSION FILES 8

PROPOSED CONSTITUTIONAL AMENDMENTS ON BALLOT, November 1992 10

CONSTITUTIONAL AMENDMENTS ON BALLOT, NOVEMBER 1992 10

Revision Appellate Rules 1977

1. Appellate Rules as proposed by the Florida Bar, September 1976.

2. Commentary by Susan Whaley on the Appellate Rules proposed by the Florida Bar, Fall 1976.

3. Supreme Court Advisory Committee Draft of Appellate Rules, February 4, 1977.

4. 4 Amendments to proposed rules, February 23, 1977.

5. Commentary by Michael McMahon on the proposed rules, February 10, 1977.

6. Supreme Court Advisory Committee Draft of Appellate Rules, March 7, 1977.

7. Appellate Rules as proposed by the Supreme Court Advisory Committee, April 13, 1977.

8. Comparison of present and proposed rules.

9. Comparison of present and proposed rules.

10. Appellate Rules as adopted by the Supreme Court, October 27, 1977.

11. Comments (letters, briefs, etc.) on Appellate Rules as adopted October 27, 1977.

12. Appellate Rules as finally adopted by the Supreme Court, December 22, 1977.

13. Letters and Memoranda, October 14, 1974 through December 20, 1976.

14. Letters and Memoranda, January 1, 1977 through October 28, 1977

15. Background Materials

a. Report of the Appellate Rules Committee of the Florida Bar, April 28, 1975.

b. Background: 1976 proposal for amendments to Florida Appellate Rules.

c. Reducing the time and cost of the Appellate process: the Arizona Appellate Project    Report.

APPELLATE STRUCTURE COMMISSION

1. Report to the Legislature, Chief Justice Overton, Spring 1978 – Meetings, Minutes, Agendas, etc.

2. Supreme Court Administrative Order establishing Appellate Structure Commission, July 26, 1978 – As amended August 15, 1978.

3. Organizational Meeting, August 28, 1978 – Address by Chief Justice England.

4. Meeting Minutes, October 12, 1978.

5. Meeting Minutes, October 26, 1978.

6. Meeting Minutes, November 16, 1978.

7. Meeting Minutes, November 29, 1978.

8. Meeting Minutes, January 18. 1979.

9. Meeting Minutes, February 1, 1979.

10. Meeting Minutes, February 22, 1979.

11. Meeting Minutes, March 13, 1979.

12. Meeting Minutes, September 5, 1979.

13. Final Report, March 13, 1979.

14. Report to the Legislature, Chief Justice England, April 1979.

15. Recommendations for improving the administration of the 4 DCAs of Florida – 2 volumes, Criminal Courts Technical Assistance Project, American University Law School.

16. Source materials: Reference materials / background reading.

17. National Center for State Courts: Pilot Project Proposals, September 7, 1978.

18. Research questions, November 1978.

19. Materials discussing Workmen’s Compensation cases, January 1979.

20. Richard Cox’s memo, January 16, 1979.

21. Cases and materials on issue of Statewide DCA of Limited Jurisdiction, January 1979.

22. Commission drafts: Recommendations and proposals.

23. Supreme Court filing statistics, 1967 – 1978.

24. Filing statistics Supreme Court – DCA’s – IRC.

25. Statistical source materials.

26. Miscellaneous statistical notes.

27. Miscellaneous.

28. News Clippings, Articles.

29. Meeting tapes, October 26, 1978 – September 5, 1979.

ARTICLE V AMENDMENT, 1980

1. American Bar Association Committee Meeting, November 14, 1979.

2. Statistics.

3. Draft, 1979.

4. Appellate Structure Commission Draft.

5. Chief Justice England’s in-house working drafts.

6. Senate drafts.

7. House committee draft to correspond to Senate version.

8. Final draft.

9. Tapes: Senate Judiciary – Civil, April 12, 19, and May 3, 1979.

10. Tapes: Senate Judiciary – Civil, November 26, 1979.

11. Tapes: House Judiciary, November 26, 1979.

12. Tapes: House Judiciary, November 27, 1979.

13. Court-promulgated publicity.

14. Publicity – Speeches.

15. Publicity – Letters to editors / Editorials

16. Publicity – Periodical Articles

17. Campaign File.

18. Correspondence.

19. Chief Justice England’s personal correspondence file.

20. Newspaper Articles / Editorials.

21. Lampkin-Assam: Jurisdictional Statement.

REVISION OF ARTICLE V, 1966

1. Memo from Justice O’Connell – Selection, Tenure and Removal of Judges, October 1, 1958.

2. Proposed Revision of Article V by the Judicial Council, December 1958.

3. Proposed Revision of Article V by the Judicial Council, February 15, 1959.

4. “The Need for Reorganization of the Judicial System in Florida.” by the Judicial Council, April 1959.

a. House Joint Resolution # 1601, June 19, 1959.

b. Memo from Ernest Means – Position Paper: Administrative Authority of the Supreme Court, October 15, 1959.

5. “You, Your Constitution and Your Courts.” Speech by Justice O’Connell, 1960.

6. Proposed Revision of Article V by the Judicial Council, March 9, 1960.

7. Proposed Revision of Article V by the Circuit Judges’ Conference, May 10, 1960.

8. “The Jurisdiction of the Supreme Court Emphasizing Certiorari” by Justice Campbell Thornal, October 31, 1960.

9. Proposed Revision of Article v by the Judicial Council, November 1, 1960.

a. Retired Judges Assigned to Active Judicial Service, November 29, 1960.

b. Court Congestion and Delay, January 1961.

10. Report of the Circuit Judges’ Conference, January 19, 1961.

11. “Summary of Changes . . . To Existing Article V” by the Judicial Council, January 31, 1961.

12. Proposed Revision of Article V by the Judicial Council, March 24, 1961.

13. House Joint Resolution # 1855, April 1961.

14. Seventh Annual Report of the Judicial Council, June 30, 1961.

15. Summary of Meeting of the Joint Committee on Judicial Selection, October 6, 1962.

16. Remarks of Stephen C. O’Connell to Council of 100, December 13, 1963.

17. Minutes of the Meeting of the Florida Bar Committee on Judicial Selection, March 6, 1964.

18. Minutes of the Judicial Council Meeting, September 25 – 26, 1964.

19. Ballots of the Judicial Council on Selection and Tenure of Judges, February 1, 1965.

20. Minutes of the Judicial Council Meeting, February 12, 1965.

21. Minutes of the Judicial Council Meeting, October 8, 1965.

22. Minutes of the Judicial Council Meeting, September 30, 1966.

RESEARCH MATERIALS

1. “The Selection and Tenure of Florida Supreme Court Judges” by Malcolm Parsons, 9 Miami Law Quarterly 271 (1955).

2. “New Proposals for the Selection and Tenure of Florida Judges” by O’Connell and Means, December 1966.

3. Newspaper Clippings.

4. Letters.

5. Speeches – Stephen O’Connell.

6. “Impeachment and Removal of Constitutional Officials” by Arthur Lundeen, no date.

7. Creation of the Fourth District Court of Appeal. (see also Judicial Council Minutes: October 8, 1965 and September 30, 1966.

The researcher should also see the following files from the Revision of Article V (1957):

  4. Judicial Council Draft of Article V (April 16, 1955).

  13. Lake Wales Draft of Article V (December 8, 1956).

  14. Missouri Plan.

The minutes of the Judicial Council from 1957 through 1966 contain considerable background information on the Revision of Article V (1966).

The researcher should also check copies of the Constitution, available in the Supreme Court Library, both before and after the revision. [NOTE: Florida constitution texts are available on-line at ER-April 2007]

REVISION OF ARTICLE V, 1957

Creation of the District Courts of Appeal

1. Text of Act Creating the Judicial Council, 1953.

2. First Annual Report of the Judicial Council, June 30, 1954.

3. Reprint from Florida Bar Journal, “A Proposed Revision of Article V . . .” by the Judicial Council, January 1955.

4. Judicial Council’s Draft of Article V, April 16, 1955.

5. Senate Joint Resolution 1065 – Revision of Article V, May 20, 1955.

6. Endorsement of Amendment # 1 by the Board of Governors of the Florida Bar, no date.

7. “Improving Florida’s Court System . . .” by the Judicial Council, November 1, 1955.

8. Second Annual Report of the Judicial Council, 1955.

9. Tentative Draft of Article V by the Judicial Council, March 24, 1956.

10. “Improving Florida’s Court System . . .” by the Judicial Council, July 1, 1956.

11. “Effects on Courts, Lawyers and Taxpayers . . .” by Paul D. Barns, 1956.

12. What Amendment # 1 Means to You” speech draft by Allen Morris, July 26, 1956.

13. Lake Wales Draft of Article V, December 8, 1956.

RESEARCH MATERIALS

1. Missouri Plan.

2. Illinois Plan.

3. Tennessee Plan.

4. Appellate Court Structure by C. E. Chillingsworth.

5. Constitution

i. Official copy of Amendment # 1 as voted November 6, 1956.

ii. Constitution of 1885 (1954).

iii. Constitution of 1885 (1958).

PUBLICITY

1. Florida Bar Pamphlet, “Give Justice a Green Light . . .”

ADDITIONAL SOURCES

The files for the revision of Article V (1957) providing for the creation of the District Courts of Appeal are arranged in chronological order.

The Judicial Council actively provided the impetus for the revision of Article V (1957), thus the researcher should also read the minutes of the Judicial Council from October 31, 1953 through 1957.

ARTICLE V REVIEW COMMISSION FILES

1. Administrative order establishing Article V Review Commission, May 9, 1983.

2. News release announcing establishment of Commission, May 9, 1983.

3. Agenda and items for presentation at organizational meeting of Commission, May 26, 1983.

4. Minutes of organizational meeting of Commission, May 26, 1983.

5. Schedule of meetings and public hearings of Commission, June 13, 1983.

6. Materials distributed to members of Commission, August 19, 1983.

7. Minutes of Commission meeting, August 19, 1983.

8. Public meeting speakers agenda, Pensacola, August 25, 1983.

9. Transcript of public meeting, Pensacola, August 25, 1983.

10. Public meeting speakers agenda, Jacksonville, August 26, 1983.

11. Transcript of public meeting, Jacksonville, August 26, 1983.

12. Public meeting speakers agenda, Tampa, September 8, 1983.

13. Transcript of public meeting, Tampa, September 8, 1983.

14. Public meeting speakers agenda, Orlando, September 9, 1983.

15. Transcript of public meeting, Orlando, September 9, 1983.

16. Public meeting speakers agenda, West Palm Beach, September 15, 1983.

17. Transcript of public meeting, West Palm Beach, September 15, 1983.

18. Public meeting speakers agenda, Miami, September 16, 1983.

19. Transcript of public meeting, Miami, September 16, 1983.

20. Report in Judicial Forum of public meetings, September – October 1983.

21. Letters submitted to the Commission by persons who did not appear before the Commission.

22. Agenda and materials distributed at Commission meeting, October 12 –14, 1983.

23. Summary and minutes of Commission meeting, October 12 – 14, 1983.

24. Materials distributed for November 16, commission meeting, October 26, 1983.

25. Agenda for Commission meeting, November 16, 1983.

26. Materials distributed at November 16, commission meeting, October 26, 1983.

27. Summary and minutes of Commission meeting, November 16, 1983.

28. Materials distributed for December 15, commission meeting, December 6, 1983.

29. Agenda for Commission meeting, December 15, 1983.

30. Minutes of Commission meeting, December 15, 1983.

31. Memorandum calling special January 19 meeting of commission, January 4, 1984.

32. Final report of Commission, February 1, 1984.

PROPOSED CONSTITUTIONAL AMENDMENTS ON BALLOT, November 1992

1. List of proposed amendments, with brief summaries as they appeared on ballot; including final results.

2. Sample ballot; letter to supervisors explaining numbering.

3. Newspaper articles/editorials on amendments.

4. Amendment # 1.

5. Newspaper articles/editorials on amendment # 1.

6. Amendment # 2.

7. Newspaper articles/editorials on amendment # 2.

8. Amendment # 3.

9. Newspaper articles/editorials on amendment # 3.

10. Amendment # 4.

11. Newspaper articles/editorials on amendment # 4.

12. Amendment # 5.

13. Newspaper articles/editorials on amendment # 5.

14. Amendment # 6.

15. Newspaper articles/editorials on amendment # 6.

16. Amendment # 7.

17. Newspaper articles/editorials on amendment # 7.

18. Amendment # 8.

19. Newspaper articles/editorials on amendment # 8.

20. Amendment # 9.

21. Newspaper articles/editorials on amendment # 9.

22. Amendment # 10.

23. Supreme Court opinion declining to remove amendment # 10 from ballot.

24. Newspaper articles/editorials on amendment # 10.

CONSTITUTIONAL AMENDMENTS ON BALLOT, NOVEMBER 1992

Passed:

#1. EMERGENCY SUSPENSION OR DELAY OF GENERAL ELECTION. Proposing an amendment to Section 5 of Article VI of the State Constitution to allow for suspension or delay of the general election due to a state of emergency or impending emergency pursuant to general law.

Passed:

#2. ACCESS TO PUBLIC RECORDS AND MEETINGS. Proposing an amendment to the state constitution, effective July 1, 1993, to grant public access to records and meetings of the executive, judicial, and legislative branches of state government, and other governmental entities; to allow the legislature to enact exemptions and rules; continuing existing exemptions until repealed; and to apply existing exemptions relating to records of other governmental entities to judicial and legislative records.

Passed:

#3. HISTORIC PRESERVATION AD VALOREM TAX EXEMPTION. Proposing an amendment to the state constitution, effective January 1, 1993, to permit any county or municipality to authorize ad valorem tax exemptions for owners of historic property to encourage the rehabilitation or renovation of such structures, subject to general law.

Passed:

#4. IMPROVING ACCOUNTABILITY AND PUBLIC REVIEW IN SPENDING TAXPAYERS’ MONEY AND MAINTAINING A BALANCED BUDGET. A revision requiring: 72-hour public review for appropriation bills; a budget stabilization fund; performance measurement and productivity programs; a state planning document and department and agency planning processes; appropriation bills format; appropriations review; annual state budgeting and planning processes; processes for creating and sunsetting trust funds; maintain a balanced budget and to direct planning and budgeting. Expanding use of education capital outlay funds. (“For the purposes of this subsection, the terms department and agency shall include the judicial branch.” Adding also, “The Governor shall be the chief administrative office of the state responsible for the planning and budgeting for the state.”)

Passed:

#5. TAXPAYERS’ BILL OF RIGHTS. Requiring the legislature to adopt a Taxpayers’ Bill of Rights in clear and concise language that sets forth taxpayers’ right and responsibilities and government’s responsibilities to deal fairly with taxpayers under the laws of this state.

Defeated:

#6. AUTHORIZING MUNICIPALITIES AND COUNTIES TO LEVY A ONE-CENT SALES TAX WITH LOCAL VOTER APPROVAL. The proposal authorizes counties and municipalities to levy up to a one-cent sales tax, if approved by the voters of the county or municipality, to be used for local government services. The referendum vote shall be called for by an ordinance of the county or municipality, and the one-cent sales tax, if approved, shall be based on the state sales and use tax base as defined by the Legislature, with certain exceptions.

Removed from Ballot:

#7. AD VALOREM TAXATION OF GOVERNMENT LEASHOLDS. Subjects leaseholds in government owned property entered into since 1968 to ad valorem taxation. All leaseholds in government owned property entered into prior to 1968, and subsequent renewal options and extensions provided in the initial lease, shall be taxed as intangible personal property.

Passed:

#8. BONDS FOR THE CONSTRUCTION OF EDUCATIONAL FACILITIES. Proposing an amendment to Section 9 of Article XII of the State Constitution to: (1) Continue indefinitely the current dedication of gross receipts taxes to fund construction of educational facilities for the state’s public education system. (2) Continue indefinitely the current dedication of some motor vehicle license taxes to fund construction of educational facilities for public schools and community colleges. (3) Remove interest and maturity restrictions on education bond refunding.

Passed:

#9. LIMITED POLITICAL TERMS IN CERTAIN ELECTIVE OFFICES. Limits in terms by prohibiting incumbents how have held the same elective office for the preceding eight years from appearing on the ballot for re-election to that office. Offices covered are: Florida Representative and Senator, Lieutenant Governor, Florida Cabinet, and U.S. Senator and Representative. Terms of office beginning before amendment approval are not counted.

Passed:

#10. HOMESTEAD VALUATION LIMITATION. Providing for limiting increases in homestead property valuation for ad valorem tax reassessment of market values upon changes in ownership. (Appearance on ballot subject to Supreme Court interpretation: Oral arguments to be heard October 13th.)

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