Senate Bill sb1058e1

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    SB 1058                                        First Engrossed



  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.; describing an ad

  7         interim term of office; requiring certain

  8         persons appointed to office to be United States

  9         citizens and residents of the state; amending

10         s. 114.05, F.S.; requiring all officials making

11         appointments that are subject to Senate

12         confirmation to follow certain procedures;

13         amending s. 350.031, F.S.; providing for

14         filling certain vacancies on the Public Service

15         Commission; providing an effective date.

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

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

20  114.01, Florida Statutes, is amended to read:

21         114.01  Office deemed vacant in certain cases.--

22         (1)  A vacancy in office shall occur:

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

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

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

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

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

28  other applicable requirements of law.

29         Section 2.  Section 114.04, Florida Statutes, is

30  amended to read:

31         114.04  Filling vacancies.--


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    SB 1058                                        First Engrossed



  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.  The ad interim term runs from the date of appointment

13  until the end of the next ensuing session of the Legislature,

14  or until confirmation of an appointee for the unexpired

15  portion of the term, whichever occurs first.

16         (2)  Each secretary or division director of a

17  department of the executive branch who is required by law to

18  be appointed by the Governor and confirmed by the Senate shall

19  serve at the pleasure of the Governor, unless otherwise

20  provided by law, and the appointment of such person shall run

21  concurrently with the term of the Governor making the

22  appointment.  In the event a Governor is elected to a second

23  term of office pursuant to s. 5, Art. IV of the State

24  Constitution, each secretary or division director so appointed

25  shall be reappointed or, at the discretion of the Governor,

26  replaced by a new appointee. Reappointments to the same office

27  shall be subject to confirmation by the Senate as provided in

28  s. 114.05.

29         (2)  Each person appointed to an office requiring

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

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    SB 1058                                        First Engrossed



  1  advisory powers, must be a citizen of the United States and a

  2  resident of the state.

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

  4  114.05, Florida Statutes, is amended to read:

  5         114.05  Issuance of letter of appointment; confirmation

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

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

  8  which requires confirmation by the Senate:

  9         (a)  The Governor or other appointing official or

10  authority shall issue and transmit to the Secretary of State

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

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

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

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

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

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

17  appointment.  The Secretary of State shall promptly file the

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

19  questionnaire for executive appointment, and bond form when

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

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

22  the appointee a certificate of appointment, under seal,

23  certifying that the appointment was made of the appointee to

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

25  appointment.  The certificate shall also provide that the

26  appointment is subject to confirmation by the Senate at the

27  next regular session of the Legislature following the

28  effective date of the appointment.

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

30  Florida Statutes, are amended to read:

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    SB 1058                                        First Engrossed



  1         350.031  Florida Public Service Commission Nominating

  2  Council.--

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

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

  5  vacancy occurring on the Public Service Commission.  The

  6  council shall submit the recommendations to the Governor by

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

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

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

10  than the expiration of the term.

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

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

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

14  appointment, the council shall initiate, in accordance with

15  this section, the nominating process within 30 days.

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

17  consider an appointment during the regular session immediately

18  following the effective date of the appointment, the Governor

19  shall within 45 days after adjournment sine die of the

20  Legislature either:

21         1.  Reappoint the original appointee, if eligible under

22  s. 114.05; or

23         2.  Appoint one of the other applicants previously

24  nominated to the Governor for that position.

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

26  law.

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