Senate Bill sb1470c1
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Florida Senate - 2001 CS for SB 1470
By the Committee on Governmental Oversight and Productivity;
and Senator Cowin
302-1642-01
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; providing for terms;
9 prohibiting reappointment with certain
10 exceptions; abolishing prior offices; providing
11 for suspension or removal; requiring appointing
12 authorities to seek to ensure racial, ethnic,
13 gender, and geographical diversity of
14 membership; requiring consideration of county
15 representation on circuit judicial nominating
16 commissions; amending s. 112.3145, F.S.;
17 providing that members of judicial nominating
18 commissions are state officers for purposes of
19 financial disclosure requirements; providing an
20 appropriation; repealing s. 43.29, F.S.,
21 relating to judicial nominating commissions;
22 providing an effective date.
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24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Section 43.291, Florida Statutes, is
27 created to read:
28 43.291 Judicial nominating commissions.--
29 (1) On and after July 1, 2001, each judicial
30 nominating commission shall be composed of the following:
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Florida Senate - 2001 CS for SB 1470
302-1642-01
1 (a) Three members appointed by the Board of Governors
2 of The Florida Bar from among those members of The Florida Bar
3 who are actively engaged in the practice of law with offices
4 within the territorial jurisdiction of the affected court for
5 terms of 4 years.
6 (b) Three electors who reside in the territorial
7 jurisdiction of the affected court, appointed by the Governor,
8 for terms of 4 years. The terms of these electors shall begin
9 July 1 next following a gubernatorial election, except that
10 with respect to the initial appointments made under this
11 paragraph, the electors shall be appointed for terms extending
12 until June 30 next following a gubernatorial election.
13 (c) Three electors who reside in the territorial
14 jurisdiction of the affected court and who are not members of
15 The Florida Bar, selected and appointed for a term of 4 years
16 by a majority vote of the members of the commission appointed
17 pursuant to paragraphs (a) and (b). The terms of these
18 electors shall begin August 1 next following a gubernatorial
19 election, except that with respect to the initial appointments
20 made under this paragraph, the electors shall be appointed for
21 terms extending until July 31 next following a gubernatorial
22 election.
23 (2) A justice or judge may not be a member of a
24 judicial nominating commission. A member of a judicial
25 nominating commission may hold public office other than
26 judicial office. A member of a judicial nominating commission
27 is not eligible for appointment to any judicial office in the
28 state during such term of membership or for a period of 2
29 years thereafter. All acts of a judicial nominating commission
30 must be made with a concurrence of a majority of its members.
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Florida Senate - 2001 CS for SB 1470
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1 (3) Except as otherwise provided in this section, a
2 member of a judicial nominating commission shall serve a term
3 of 4 years and is not eligible for consecutive reappointment.
4 The term of office of any member of a judicial nominating
5 commission appointed pursuant to s. 43.29 before the effective
6 date of this act expires June 30, 2001. Any member of a
7 judicial nominating commission who does not complete a 4-year
8 term because of the enactment of this section may be
9 reappointed to serve a new term. A member of a judicial
10 nominating commission may be suspended for cause by the
11 Governor pursuant to uniform rules of procedure established by
12 the Executive Office of the Governor, consistent with s. 7,
13 Art. IV of the State Constitution, and may thereafter be
14 removed by the Senate.
15 (4) Each appointing authority must consider whether
16 the existing commission members, together with potential
17 appointees, reflect the racial, ethnic, and gender diversity,
18 as well as the geographic distribution, of the population
19 within the territorial jurisdiction of the court for which
20 they are making nominations. The appointing authorities for
21 the judicial nominating commission for each of the judicial
22 circuits shall also consider the adequacy of representation of
23 each county within the judicial circuit.
24 Section 2. Paragraph (c) of subsection (1) of section
25 112.3145, Florida Statutes, is amended to read:
26 112.3145 Disclosure of financial interests and clients
27 represented before agencies.--
28 (1) For purposes of this section, unless the context
29 otherwise requires, the term:
30 (c) "State officer" means:
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Florida Senate - 2001 CS for SB 1470
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1 1. Any elected public officer, excluding those elected
2 to the United States Senate and House of Representatives, not
3 covered elsewhere in this part and any person who is appointed
4 to fill a vacancy for an unexpired term in such an elective
5 office.
6 2. An appointed member of each board, commission,
7 authority, or council having statewide jurisdiction, excluding
8 a member of an advisory body.
9 3. A member of the Board of Regents, the Chancellor
10 and Vice Chancellors of the State University System, and the
11 president of a state university.
12 4. A member of the judicial nominating commission for
13 any district court of appeal or any judicial circuit.
14 Section 3. The sum of $25,000 is appropriated from the
15 General Revenue Fund to the Executive Office of the Governor
16 to provide travel costs for training to members of the
17 judicial nominating commissions.
18 Section 4. Effective July 1, 2001, section 43.29,
19 Florida Statutes, is repealed.
20 Section 5. This act shall take effect upon becoming a
21 law.
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23 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
24 SB 1470
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26 Clarifies when the terms for the initial gubernatorial and
majority vote appointments end. Adds that district and circuit
27 court commission members are subject to the financial
disclosure requirements in s. 112.3145, F.S.
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