House Bill 0923

    Florida House of Representatives - 2000                HJR 923

        By Representative Brummer






  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 11 of Article V of the State

  4         Constitution relating to deliberations of

  5         judicial nominating commissions and records

  6         related thereto.

  7

  8  Be It Resolved by the Legislature of the State of Florida:

  9

10         That the amendment to Section 11 of Article V of the

11  State Constitution set forth below is agreed to and shall be

12  submitted to the electors of Florida for approval or rejection

13  at the general election to be held in November 2000:

14         SECTION 11.  Vacancies.--

15         (a)  Whenever a vacancy occurs in a judicial office to

16  which election for retention applies, the governor shall fill

17  the vacancy by appointing for a term ending on the first

18  Tuesday after the first Monday in January of the year

19  following the next general election occurring at least one

20  year after the date of appointment, one of not fewer than

21  three persons nor more than six persons nominated by the

22  appropriate judicial nominating commission.

23         (b)  The governor shall fill each vacancy on a circuit

24  court or on a county court, wherein the judges are elected by

25  a majority vote of the electors, by appointing for a term

26  ending on the first Tuesday after the first Monday in January

27  of the year following the next primary and general election

28  occurring at least one year after the date of appointment, one

29  of not fewer than three persons nor more than six persons

30  nominated by the appropriate judicial nominating commission.

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






    Florida House of Representatives - 2000                HJR 923

    703-118A-00






  1  An election shall be held to fill that judicial office for the

  2  term of the office beginning at the end of the appointed term.

  3         (c)  The nominations shall be made within thirty days

  4  from the occurrence of a vacancy unless the period is extended

  5  by the governor for a time not to exceed thirty days.  The

  6  governor shall make the appointment within sixty days after

  7  the nominations have been certified to the governor.

  8         (d)  There shall be a separate judicial nominating

  9  commission as provided by general law for the supreme court,

10  each district court of appeal, and each judicial circuit for

11  all trial courts within the circuit.  Uniform rules of

12  procedure shall be established by the judicial nominating

13  commissions at each level of the court system.  Such rules, or

14  any part thereof, may be repealed by general law enacted by a

15  majority vote of the membership of each house of the

16  legislature, or by the supreme court, five justices

17  concurring. Except for deliberations of the judicial

18  nominating commissions, The proceedings of the judicial

19  nominating commissions and their records shall be open to the

20  public.

21         BE IT FURTHER RESOLVED that in accordance with the

22  requirements of section 101.161, Florida Statutes, the title

23  and substance of the amendment proposed herein shall appear on

24  the ballot as follows:

25         DELIBERATIONS OF JUDICIAL NOMINATING COMMISSIONS

26            AND RECORDS RELATED THERETO OPEN TO PUBLIC

27         Provides that deliberations of judicial nominating

28  commissions and records related thereto shall be open to the

29  public, as are all other proceedings and records of such

30  commissions.

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