Constitution Revision Commission Update

February 16, 2018

The CRC wrapped up committee meetings in early February and is now traveling the state holding public hearings.  To find out if there is a public hearing coming to a venue near you (they are being held throughout February, March, April, and May), you can check that schedule out here: https://www.flcrc.gov/Meetings/PublicHearings.  The latest updates to the proposals the APS Legislative Committee is watching are below.  You can also check the status of proposals, get information about the process, or view upcoming agendas at this website: https://flcrc.gov/.  And feel free to contact me at cbrewer@mills-appeals.com if you are aware of any Public Proposals the Section should monitor.

No. Substance/potential effect on appellate issues Provisions affected or created Status as of 1/22/18
6 Requires 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 agency’s interpretation Art. V, § 21 Passed Executive Committee on 2/2/18; on 2nd reading
28 Requires clerks of circuit courts to store, maintain, transmit, and make records available to courts in accordance with standards and requirements established by the supreme court; also deals with funding for trial court communications services Art. V, § 16(b) Voted unfavorable by  Local Government Committee on 2/2/18; “laid on Table”
40 Creates new right to counsel for children in dependency proceedings who have been removed from the custody of their parents or guardians due to abuse or neglect Art. I Voted unfavorable by Declaration of Rights Committee on 1/25/18 by 2-5 vote; “laid on Table”
41 Increases judicial retirement age to 75 and removes provision that permits appellate jurist to complete a term if one half has been served upon reaching retirement age; effective date 7/1/19 Art. V, § 8 Passed Judicial Committee on 11/10/17; Passed Ethics and Elections Committee on 1/12/18; on 2nd reading
42 Amends composition of JNCs to require 3 members appointed by Board of Governors, 3 members by Governor, and 3 members selected by a majority vote of the other 6 members; limits terms of JNC members to 4 years with no consecutive reappointment; establishes diversity goal for JNCs Art. V, § 11 Voted unfavorable by Executive Committee by 3-4 vote; laid on table
47 Amends requirements for service as judge of any court to require 10 years of Florida Bar membership Art. V, § 8 Passed Judicial Committee on 11/28/17; passed Executive Committee on 1/19/18; on 2nd reading
81 Amends provision for access to public records and meetings to expressly include all meetings of “the judicial branch, including meetings between judges and justices” at which official acts are to be taken or at which public business is to be transacted and discussed. Art. I, § 24; Art. III, § 4 Voted unfavorable by Declaration of Rights Committee on 1/31/18 by 0-7 vote; “laid on Table”
96 Creates additional rights for crime victims and requires that “[a]ll state-level appeals and collateral attacks on any judgment must be complete within two years from the date of appeal in non-capital cases and five years in capital cases” Art. I, § 16 Passed Declaration of Rights Committee on 1/19/18; on 2nd reading
Courtney Brewer

Courtney Brewer

Courtney Brewer is a shareholder in The Mills Firm in Tallahassee. She has served as Legislative Chair for the Section since 2016.