Senate Bill sb1058

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    Florida Senate - 2001                                  SB 1058

    By the Committee on Ethics and Elections; and Senators Posey,
    Smith, Bronson, Lawson, Dyer, Brown-Waite, Constantine,
    Silver, Sebesta and Jones



    313-800A-01

  1                      A bill to be entitled

  2         An act relating to vacancies in office;

  3         amending s. 114.01, F.S.; defining the term

  4         "qualify for office" for purposes of

  5         determining whether a vacancy has occurred;

  6         amending s. 114.04, F.S.; requiring certain

  7         persons appointed to office to be United States

  8         citizens; amending s. 114.05, F.S.; requiring

  9         all officials making appointments that are

10         subject to Senate confirmation to follow

11         certain procedures; amending s. 350.031, F.S.;

12         providing for filling certain vacancies on the

13         Public Service Commission; providing an

14         effective date.

15

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

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18         Section 1.  Paragraph (h) of subsection (1) of section

19  114.01, Florida Statutes, is amended to read:

20         114.01  Office deemed vacant in certain cases.--

21         (1)  A vacancy in office shall occur:

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

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

24  commencement of the term of office. As used in this paragraph,

25  the term, "qualify for office" means taking and submitting the

26  oath of office, posting any required bond, and meeting all

27  other applicable requirements of law.

28         Section 2.  Section 114.04, Florida Statutes, is

29  amended to read:

30         114.04  Filling vacancies.--

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    Florida Senate - 2001                                  SB 1058
    313-800A-01




  1         (1)  Except as otherwise provided in the State

  2  Constitution, the Governor shall fill by appointment any

  3  vacancy in a state, district, or county office, other than a

  4  member or officer of the Legislature, for the remainder of the

  5  term of an appointive office officer and for the remainder of

  6  the term of an elective office, if there is less than 28

  7  months remaining in the term; otherwise, until the first

  8  Tuesday after the first Monday following the next general

  9  election.  With respect to any office which requires

10  confirmation by the Senate, the person so appointed may hold

11  an ad interim term of office subject to the provisions of s.

12  114.05.  Each secretary or division director of a department

13  of the executive branch who is required by law to be appointed

14  by the Governor and confirmed by the Senate shall serve at the

15  pleasure of the Governor, unless otherwise provided by law,

16  and the appointment of such person shall run concurrently with

17  the term of the Governor making the appointment.  In the event

18  a Governor is elected to a second term of office pursuant to

19  s. 5, Art. IV of the State Constitution, each secretary or

20  division director so appointed shall be reappointed or, at the

21  discretion of the Governor, replaced by a new appointee.

22  Reappointments to the same office shall be subject to

23  confirmation by the Senate as provided in s. 114.05.

24         (2)  Each person appointed to an office requiring

25  confirmation by the Senate, other than an office having solely

26  advisory powers, must be a citizen of the United States.

27         Section 3.  Paragraph (a) of subsection (1) of section

28  114.05, Florida Statutes, is amended to read:

29         114.05  Issuance of letter of appointment; confirmation

30  by the Senate; refusal or failure to confirm.--

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    Florida Senate - 2001                                  SB 1058
    313-800A-01




  1         (1)  When a vacancy in office is filled by appointment

  2  which requires confirmation by the Senate:

  3         (a)  The Governor or other appointing official or

  4  authority shall issue and transmit to the Secretary of State

  5  for filing a letter of appointment.  The letter shall contain

  6  the legal authority under which the appointment is made; the

  7  proper designation of the office; the full name and address of

  8  the appointee; the term of office to which the appointment is

  9  made; and the effective date of the appointment, which date

10  shall be on or after the date of recording of the letter of

11  appointment.  The Secretary of State shall promptly file the

12  letter and transmit to the appointee an oath of office,

13  questionnaire for executive appointment, and bond form when

14  required.  Upon receipt of the questionnaire, oath of office,

15  and bond if required, the Secretary of State shall transmit to

16  the appointee a certificate of appointment, under seal,

17  certifying that the appointment was made of the appointee to

18  the office, for the term indicated in the letter of

19  appointment.  The certificate shall also provide that the

20  appointment is subject to confirmation by the Senate at the

21  next regular session of the Legislature following the

22  effective date of the appointment.

23         Section 4.  Subsections (5) and (7) of section 350.031,

24  Florida Statutes, are amended to read:

25         350.031  Florida Public Service Commission Nominating

26  Council.--

27         (5)  It is the responsibility of the council to

28  nominate to the Governor not fewer than three persons for each

29  vacancy occurring on the Public Service Commission.  The

30  council shall submit the recommendations to the Governor by

31  October 1 of those years in which the terms are to begin the

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    Florida Senate - 2001                                  SB 1058
    313-800A-01




  1  following January, or, except as provided in subsection (7),

  2  within 60 days after a vacancy occurs for any reason other

  3  than the expiration of the term.

  4         (7)(a)  Each appointment to the Public Service

  5  Commission shall be subject to confirmation by the Senate.  If

  6  the Senate refuses to confirm or rejects the Governor's

  7  appointment, the council shall initiate, in accordance with

  8  this section, the nominating process within 30 days.

  9         (b)  If the Senate votes to take no action or fails to

10  consider an appointment during the regular session immediately

11  following the effective date of the appointment, the Governor

12  shall within 45 days after adjournment sine die of the

13  Legislature either:

14         1.  Reappoint the original appointee, if eligible under

15  s. 114.05; or

16         2.  Appoint one of the other applicants previously

17  nominated to the Governor for that position.

18         Section 5.  This act shall take effect upon becoming a

19  law.

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21            *****************************************

22                          SENATE SUMMARY

23    Defines the term "qualify for office" for purposes of
      determining whether a vacancy in office occurs. Requires
24    certain appointees to public office to be U.S. citizens.
      Requires all officials making appointments subject to
25    Senate confirmation to follow specific procedures.
      Provides a process for filling vacancies on the Public
26    Service Commission when the Senate fails to confirm an
      appointment during a regular session of the Legislature.
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