House Bill 2013c1

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    Florida House of Representatives - 1999             CS/HB 2013

        By the Committee on Judiciary and Representatives Brummer
    and Byrd





  1                      A bill to be entitled

  2         An act relating to judicial nominating

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

  4         providing for the appointment of members to

  5         each judicial nominating commission;

  6         prohibiting judges from serving; restricting

  7         the appointment of members and former members

  8         to judicial offices for a certain time period;

  9         providing for terms; prohibiting reappointment

10         with certain exceptions; abolishing prior

11         offices; providing for suspension or removal;

12         requiring consideration of race, gender, and

13         geographical diversity of membership; requiring

14         consideration of county representation on

15         circuit judicial nominating commissions;

16         requiring concurrence of a majority for

17         commission actions; providing an appropriation;

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

19         nominating commissions; providing an effective

20         date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Section 43.291, Florida Statutes, is

25  created to read:

26         43.291  Judicial nominating commissions.--

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

28  nominating commission shall be composed of the following:

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

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

31  actively engaged in the practice of law with offices within

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    Florida House of Representatives - 1999             CS/HB 2013

    687-118-99






  1  the territorial jurisdiction of the affected court, the terms

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

  3  expiration of terms of members appointed pursuant to s.

  4  43.29(1)(a) or pursuant to this paragraph.

  5         (b)  Three electors who reside in the territorial

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

  7  for terms beginning July 1 next following the election of

  8  Governor.

  9         (c)  Three electors who reside in the territorial

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

11  The Florida Bar, selected and appointed for a term of 4 years

12  beginning August 1 next following the election of Governor by

13  a majority vote of the members of the commission appointed

14  pursuant to paragraphs (a) and (b) of this subsection.

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

16  nominating commission. A member of a judicial nominating

17  commission may hold public office other than judicial office.

18  A member of a judicial nominating commission is not eligible

19  for appointment to any judicial office in the state either

20  during such term of membership or for a period of 2 years

21  thereafter.

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

23  member of a judicial nominating commission shall serve a term

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

25  The office of any member a judicial nominating commission

26  appointed pursuant to s. 43.29(1)(b) or (c) prior to the

27  effective date of this act is abolished upon the effective

28  date of this act and is replaced by those offices created by

29  and appointed pursuant to paragraphs (1)(b) and (c) of this

30  section. Any member of a judicial nominating commission who

31  does not complete a 4-year term because of the enactment of

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    Florida House of Representatives - 1999             CS/HB 2013

    687-118-99






  1  this section may be reappointed to serve a new term. For

  2  cause, a member of a judicial nominating commission may be

  3  suspended by the Governor pursuant to uniform rules of

  4  procedure established by the Executive Office of the Governor

  5  consistent with s. 7, Art. IV of the State Constitution and

  6  thereafter removed by the Senate.

  7         (4)  Each appointing authority shall consider whether

  8  the existing commission members, together with potential

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

10  as well as the geographic distribution, of the population

11  within the territorial jurisdiction of the court for which the

12  appointing authority is making nominations. The appointing

13  authorities for the judicial nominating commission for each of

14  the judicial circuits shall also consider the adequacy of

15  representation of each county within the judicial circuit.

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

17  be made with a concurrence of a majority of its members.

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

19  Executive Office of the Governor to provide travel costs for

20  training to members of the judicial nominating commission.

21         Section 3.  Effective July 1, 1999, section 43.29,

22  Florida Statutes, is repealed.

23         Section 4.  This act shall take effect upon becoming

24  law.

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