April 9, 2018
by Courtney Brewer
And then there were twelve . . . or is it twenty-four?
After a series of public hearings and meetings over the course of the last month, the CRC has whittled the proposals down to twelve potential amendments. But since there is no single subject limitation on CRC amendments, the twelve amendments encompass twenty-four separate proposals.
Only three of the proposals that the Legislative Committee was monitoring are still pending. Those proposals are now before the style and drafting committee, which meets this week. That committee is charged with “clarifying, codifying, and arranging the proposals adopted by the Commission” as well as grouping the proposals and drafting ballot title summaries. A preliminary plan unanimously adopted by that committee groups all three of the below proposals into one amendment for the November ballot.
You can check the status of proposals, get information about the process, or view upcoming agendas at this website: https://flcrc.gov/.
|No.||Substance/potential effect on appellate issues||Provisions affected or created|
|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|
|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|
|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 noncapital cases and five years in capital cases”||Art. I, § 16|
Courtney Brewer is a shareholder in The Mills Firm in Tallahassee. She has served as Legislative Chair for the Section since 2016.