CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2013

    Amendment No. 1c (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Brummer, Warner, Roberts and Byrd offered

12  the following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Section 43.291, Florida Statutes, is

19  created to read:

20         43.291  Judicial nominating commissions.--

21         (1)  On and after July 1, 1999, each judicial

22  nominating commission shall be composed of the following:

23         (a)  Three members appointed by the Board of Governors

24  of The Florida Bar from among The Florida Bar members who are

25  actively engaged in the practice of law with offices within

26  the territorial jurisdiction of the affected court, the terms

27  of which shall be for 4 years and shall begin following the

28  expiration of terms of members appointed pursuant to s.

29  43.29(1)(a) or pursuant to this paragraph.

30         (b)  Three electors who reside in the territorial

31  jurisdiction of the affected court, appointed by the Governor,

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2013

    Amendment No. 1c (for drafter's use only)





 1  for terms beginning July 1 next following the election of

 2  Governor and ending June 30 following the end of the term of

 3  office of the appointing Governor.

 4         (c)  Three electors who reside in the territorial

 5  jurisdiction of the affected court and who are not members of

 6  The Florida Bar, selected and appointed after June 30 of the

 7  year in which the term begins by a majority vote of the six

 8  other members of the commission appointed pursuant to s.

 9  43.29(1)(a) and paragraphs (a) and (b) of this subsection the

10  terms of which shall be for 4 years and shall begin following

11  the expiration of terms of members appointed pursuant to s.

12  43.29(1)(c) or pursuant to this paragraph.

13         (d)  In addition to the appointments provided in this

14  subsection, the Governor may also appoint an alternate member

15  to a Circuit Court Judicial Nominating Commission who is a

16  resident of a county in which no other member of the

17  commission resides.  An alternate member shall be appointed by

18  August 1 of the year following the election of Governor and

19  serve a term ending June 30 following the end of the term of

20  office of the appointing Governor.  An alternate member

21  appointed pursuant to this paragraph shall serve in place of

22  one member appointed by the Governor, as the Governor may

23  designate, in any case where the commission is filling a

24  vacancy on the County Court for the county of which such

25  alternate member is a resident.  An alternate member shall

26  participate, without voting, in any meeting concerning a

27  vacancy on the Circuit Court.

28         (2)  No justice or judge may be a member of a judicial

29  nominating commission. A member of a judicial nominating

30  commission may hold public office other than judicial office.

31  A member of a judicial nominating commission is not eligible

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2013

    Amendment No. 1c (for drafter's use only)





 1  for appointment to any state judicial office either during

 2  such term of membership or for a period of 2 years thereafter.

 3         (3)  Except as otherwise provided in this section, a

 4  member of a judicial nominating commission shall serve a term

 5  of 4 years and is not eligible for consecutive reappointment.

 6  The office of any member of a judicial nominating commission

 7  appointed pursuant to s. 43.29(1)(b) prior to the effective

 8  date of this act is abolished upon the effective date of this

 9  act and is replaced by those offices created by and appointed

10  pursuant to paragraphs (1)(b) of this section. Any member of a

11  judicial nominating commission who does not complete a 4-year

12  term because of the enactment of this section may be

13  reappointed to serve a new term. For cause, a member of a

14  judicial nominating commission may be suspended by the

15  Governor pursuant to uniform rules of procedure established by

16  the Executive Office of the Governor consistent with s. 7,

17  Art. IV of the State Constitution and thereafter removed by

18  the Senate.

19         (4)  Each appointing authority shall seek to ensure

20  that the existing commission members, together with potential

21  appointees, reflect the racial, ethnic, and gender diversity,

22  as well as the geographic distribution, of the population

23  within the territorial jurisdiction of the court for which the

24  appointing authority is making nominations. The appointing

25  authorities for the judicial nominating commission for each of

26  the judicial circuits shall seek to ensure the adequacy of

27  representation of each county within the judicial circuit.

28         (5)  All acts of a judicial nominating commission shall

29  be made with a concurrence of a majority of its voting

30  members.

31         Section 2.  There is hereby appropriated $25,000 to the

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2013

    Amendment No. 1c (for drafter's use only)





 1  Executive Office of the Governor to provide travel costs for

 2  training to members of the judicial nominating commission.

 3         Section 3.  Each appointing authority described in s.

 4  43.291 shall submit a report to the Governor, the Speaker of

 5  the House of Representatives, and the President of the Senate

 6  annually by December 1 which discloses the number of

 7  appointments made during the preceding year from each minority

 8  group and the number of nonminority appointments made,

 9  expressed both in numerical terms and as a percentage of the

10  total membership of the judicial nominating commission.  In

11  addition, information shall be included in the report

12  detailing the number of physically disabled persons appointed

13  to the judicial nominating commission in the previous calendar

14  year. In addition, each appointing authority shall designate a

15  person responsible for retaining all applications for

16  appointment, who shall ensure that information describing each

17  applicant's race, ethnicity, gender, physical disability, if

18  applicable, and qualifications is available for public

19  inspection during reasonable hours. Nothing in this section

20  requires disclosure of an applicant's identity or of any other

21  information made confidential by law.

22         Section 4.  If any provision of this act or the

23  application thereof to any person or circumstance is held

24  invalid, the invalidity does not affect other provisions or

25  applications of the act which can be given effect without the

26  invalid provision or application, and to this end the

27  provisions of this act are declared severable.

28         Section 5.  Effective July 1, 1999, section 43.29,

29  Florida Statutes, is repealed.

30         Section 6.  This act shall take effect upon becoming

31  law.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2013

    Amendment No. 1c (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1,

 4  remove from the title of the bill:  everything before the

 5  enacting clause

 6

 7  and insert in lieu thereof:

 8         An act relating to judicial nominating

 9         commissions; creating s. 43.291, F.S.;

10         providing for the appointment of members to

11         each judicial nominating commission;

12         prohibiting judges from serving; restricting

13         the appointment of members and former members

14         to judicial offices for a certain time period;

15         providing for terms; prohibiting reappointment

16         with certain exceptions; abolishing prior

17         offices; providing for suspension or removal;

18         requiring appointing authorities to seek to

19         ensure racial, ethnic, gender, and geographical

20         diversity of membership; requiring

21         consideration of county representation on

22         circuit judicial nominating commissions;

23         requiring concurrence of a majority for

24         commission actions; providing an appropriation;

25         repealing s. 43.29, F.S., relating to judicial

26         nominating commissions; providing for report of

27         diversity of judicial nominating commissions;

28         providing a severability clause; providing an

29         effective date.

30

31

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