Senate Bill 0826c1

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    Florida Senate - 2000                    CS for SB's 826 & 398

    By the Committee on Judiciary and Senators Grant and Cowin





    308-1896A-00

  1                      A bill to be entitled

  2         An act relating to judicial nominating

  3         commissions; amending s. 43.29, F.S.; providing

  4         for the appointment of members to judicial

  5         nominating commissions; prohibiting justices

  6         and judges from serving; prohibiting

  7         reappointment; providing for suspension or

  8         removal; providing for filling of vacancies;

  9         requiring appointing authorities to seek to

10         ensure racial, ethnic, gender, and geographical

11         diversity of membership; requiring

12         consideration of county representation on

13         circuit judicial nominating commissions;

14         requiring concurrence of a majority for

15         commission actions; providing a severability

16         clause; providing an effective date.

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

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20         Section 1.  Section 43.29, Florida Statutes, is amended

21  to read:

22         43.29  Judicial nominating commissions.--

23         (1)  Each judicial nominating commission shall be

24  composed of the following:

25         (a)  Four Three members, at least one of whom must be a

26  member of a racial or ethnic minority group or a woman,

27  appointed by the Board of Governors of The Florida Bar from

28  among The Florida Bar members who are actively engaged in the

29  practice of law with offices within the territorial

30  jurisdiction of the affected court, or in the district or

31  circuit;

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    Florida Senate - 2000                    CS for SB's 826 & 398
    308-1896A-00




  1         (b)  Four Three electors, at least one of whom must be

  2  a member of a racial or ethnic minority group or a woman, who

  3  reside in the territorial jurisdiction of the court or in the

  4  circuit appointed by the Governor; and

  5         (c)  Four Three electors, at least one of whom must be

  6  a member of a racial or ethnic minority group or a woman, who

  7  reside in the territorial jurisdiction of the court or in the

  8  circuit and who are not members of the bar of Florida,

  9  selected and appointed by a majority vote of the other eight

10  six members of the commission.

11         (2)  In addition to the appointments provided in

12  subsection (1), the Governor may also appoint to a circuit

13  court judicial nominating commission an alternate member who

14  is a resident of a county in which no other member of the

15  commission resides.  Alternate members shall be appointed by

16  August 1 and serve a term ending June 30, 2003. An alternate

17  member appointed pursuant to this subsection shall serve in

18  place of one member appointed by the Governor, as designated

19  by the Governor, whenever the commission is filling a vacancy

20  on the county court for the county of which such alternate

21  member is a resident. An alternate member shall participate,

22  without voting, in any meeting concerning a vacancy on the

23  circuit court.

24         (3)(2)  No justice or judge may be a member of a

25  judicial nominating commission.  A member of a judicial

26  nominating commission may hold public office other than

27  judicial office.  A member of a judicial nominating commission

28  is not eligible for appointment to any the state judicial

29  office for which that commission has the authority to make

30  nominations, either during such term of membership or for a

31  period of 2 years thereafter.  All acts of a judicial

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    Florida Senate - 2000                    CS for SB's 826 & 398
    308-1896A-00




  1  nominating commission shall be made with a concurrence of a

  2  majority of its members.

  3         (4)(3)  A member of a judicial nominating commission

  4  shall serve a term of 4 years and is not eligible for

  5  consecutive reappointment.  For cause, a member of a judicial

  6  nominating commission may be suspended by the Governor and

  7  removed by the Senate for cause pursuant to uniform rules of

  8  procedure established by the judicial nominating commissions

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

10  thereafter removed by the Senate.

11         (5)  Each appointing authority shall seek to ensure

12  that the existing commission members, together with potential

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

14  as well as the geographic distribution, of the population

15  within the territorial jurisdiction of the court for which the

16  appointing authority is making nominations. The appointing

17  authorities for the judicial nominating commission for each of

18  the judicial circuits shall seek to ensure the adequacy of

19  representation of each county within the judicial circuit.

20         (6)  All acts of a judicial nominating commission shall

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

22  members.

23         Section 2.  The additional members created by this act

24  in section 43.29(1)(a) and (b), Florida Statutes, shall be

25  filled by July 1, 2000. The additional member created by this

26  act in section 43.29(2)(c), Florida Statutes, shall be filled

27  by August 1, 2000.

28         Section 3.  If any provision of this act or the

29  application thereof to any person or circumstance is held

30  invalid, the invalidity does not affect other provisions or

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

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    Florida Senate - 2000                    CS for SB's 826 & 398
    308-1896A-00




  1  invalid provision or application, and to this end the

  2  provisions of this act are declared severable.

  3         Section 4.  Subsection (1) of section 114.01, Florida

  4  Statutes, is amended, and subsection (3) is added to that

  5  section to read:

  6         114.01  Office deemed vacant in certain cases.--

  7         (1)  A vacancy in office shall occur:

  8         (a)  Upon creation of an office.

  9         (b)  Upon the death of the incumbent officer.

10         (c)  Upon removal of the officer from office.

11         (d)  Upon the resignation of the officer and acceptance

12  thereof by the Governor.

13         (e)  Upon the succession of the officer to another

14  office.

15         (f)  Upon the officer's unexplained absence for 60

16  consecutive days.

17         (g)  Upon the officer's failure to maintain the

18  residence required of him or her by law.

19         (h)  Upon the failure of a person elected or appointed

20  to office to qualify for office within 30 days from the

21  commencement of the term of office.

22         (i)  Upon the refusal of the person elected or

23  appointed to accept the office.

24         (j)  Upon the conviction of the officer of a felony as

25  defined in s. 10, Art. X of the State Constitution.

26         (k)  Upon final adjudication, in this state or in any

27  other state, of the officer to be mentally incompetent.

28         (l)  Upon the rendition of a final judgment of a

29  circuit court of this state declaring void the election or

30  appointment of the incumbent to office.

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    Florida Senate - 2000                    CS for SB's 826 & 398
    308-1896A-00




  1         (m)  Sixty days prior to the mandatory retirement of a

  2  judicial officer.

  3         (3)  When a vacancy occurs in a judicial office, the

  4  Governor shall fill the vacancy by appointment except when the

  5  vacancy occurs in time to be placed on the ballot of the next

  6  general election. This subsection applies when the effective

  7  date of the letter of resignation or the mandatory retirement

  8  date occurs on the first Tuesday after the first Monday in

  9  January.

10         Section 5.  This act shall take effect July 1, 2000.

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12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                          SB's 826 & 398

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15  The committee substitute removes from the bill the provisions
    which terminate all memberships on the judicial nominating
16  commissions on June 30, 2003 and provide for new appointments
    in July and August of 2003.
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