Senate Bill sb1470c2

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    Florida Senate - 2001                    CS for CS for SB 1470

    By the Committees on Judiciary; Governmental Oversight and
    Productivity; and Senator Cowin




    308-1886-01

  1                      A bill to be entitled

  2         An act relating to judicial nominating

  3         commissions; creating s. 43.291, F.S.; revising

  4         procedures 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         providing for suspension or removal; requiring

10         the Governor, in making appointments, to seek

11         to ensure racial, ethnic, gender, and

12         geographical diversity of membership; requiring

13         consideration of county representation on

14         circuit judicial nominating commissions;

15         amending s. 112.3145, F.S.; providing that

16         members of judicial nominating commissions are

17         state officers for purposes of financial

18         disclosure requirements; providing an

19         appropriation; repealing s. 43.29, F.S.,

20         relating to judicial nominating commissions;

21         providing an effective date.

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

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25         Section 1.  Section 43.291, Florida Statutes, is

26  created to read:

27         43.291  Judicial nominating commissions.--

28         (1)  Each member of a judicial nominating commission on

29  the effective date of this act may complete his or her term of

30  office, unless removed for cause. Thereafter, the membership

31  of each judicial nominating commission shall be reduced to

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    Florida Senate - 2001                    CS for CS for SB 1470
    308-1886-01




  1  seven members as vacancies occur on the commission, and the

  2  Governor shall appoint the members of the judicial nominating

  3  commissions, as follows:

  4         (a)  Three members must be members of The Florida Bar

  5  who are engaged in the practice of law with offices within the

  6  territorial jurisdiction of the affected court. The Board of

  7  Governors of The Florida Bar shall submit to the Governor

  8  three recommended nominees for each attorney position. The

  9  Governor shall select the appointee to an attorney position

10  from the list of nominees recommended for that position, but

11  the Governor may, as many times as the Governor considers

12  necessary, reject all of the nominees recommended for an

13  attorney position and request that the Board of Governors

14  submit a new list of three different recommended nominees for

15  that position who have not been previously recommended by the

16  Board of Governors.

17         (b)  Four members must be electors who reside within

18  the territorial jurisdiction of the affected court, three of

19  whom must not be members of The Florida Bar and one of whom

20  must be a member of The Florida Bar who is engaged in the

21  practice of law with an office within the territorial

22  jurisdiction of the affected court.

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 is not eligible for appointment to any

26  judicial office in the state during such term of membership or

27  for a period of 2 years thereafter. All acts of a judicial

28  nominating commission must be made with a concurrence of a

29  majority of its members.

30         (3)  Members of the judicial nominating commissions

31  shall be appointed to staggered terms of 4 years each and are

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    Florida Senate - 2001                    CS for CS for SB 1470
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  1  not eligible for consecutive reappointment. A member of a

  2  judicial nominating commission may be suspended for cause by

  3  the Governor pursuant to uniform rules of procedure

  4  established by the Executive Office of the Governor,

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

  6  may thereafter be removed by the Senate.

  7         (4)  In making an appointment, the Governor must

  8  consider whether the incumbent commission members, together

  9  with potential appointees, will reflect the racial, ethnic,

10  and gender diversity, as well as the geographic distribution,

11  of the population within the territorial jurisdiction of the

12  court. The Governor shall also consider the adequacy of

13  representation of each county within the judicial circuit.

14         Section 2.  Paragraph (c) of subsection (1) of section

15  112.3145, Florida Statutes, is amended to read:

16         112.3145  Disclosure of financial interests and clients

17  represented before agencies.--

18         (1)  For purposes of this section, unless the context

19  otherwise requires, the term:

20         (c)  "State officer" means:

21         1.  Any elected public officer, excluding those elected

22  to the United States Senate and House of Representatives, not

23  covered elsewhere in this part and any person who is appointed

24  to fill a vacancy for an unexpired term in such an elective

25  office.

26         2.  An appointed member of each board, commission,

27  authority, or council having statewide jurisdiction, excluding

28  a member of an advisory body.

29         3.  A member of the Board of Regents, the Chancellor

30  and Vice Chancellors of the State University System, and the

31  president of a state university.

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    Florida Senate - 2001                    CS for CS for SB 1470
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  1         4.  A member of the judicial nominating commission for

  2  any district court of appeal or any judicial circuit.

  3         Section 3.  The sum of $25,000 is appropriated from the

  4  General Revenue Fund to the Executive Office of the Governor

  5  to provide travel costs for training to members of the

  6  judicial nominating commissions.

  7         Section 4.  Effective July 1, 2001, section 43.29,

  8  Florida Statutes, is repealed.

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

10  law.

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    Florida Senate - 2001                    CS for CS for SB 1470
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 1470

  3

  4  The Committee Substitute differs from current law as follows:

  5  --    It reduces the membership of a JNC from 9 to 7 members
          to occur through attrition of existing JNC terms.
  6
    --    It removes the authority of the Board of Governors of
  7        the Florida Bar to appoint JNC members but allows the
          Board of Governors to submit to the Governor a list of
  8        3 recommended nominees for vacant attorney positions on
          the JNC.
  9
    --    It removes the authority of the JNC as a group to
10        appoint JNC members.

11  --    It expands the Governor's authority to appoint JNC
          members by giving the Governor the sole authority to
12        appoint JNC members as vacancies occur and to reject,
          repeatedly all of the nominees recommended by the Board
13        of Governors of the Florida Bar.

14  --    It changes the composition of a JNC so that: (a) 3
          members must be members of the Florida Bar engaged in
15        the practice of law with offices within the territorial
          jurisdiction of the affected court ; and (b) 4 members
16        must be electors who reside within the territorial
          jurisdiction of the affected court, only one of whom may
17        be a member of the Florida Bar who is engaged in the
          practice of law with an office within the territorial
18        jurisdiction of the affected court.

19  --    It deletes unconstitutional provisions of existing law
          relating to membership representative of a racial or
20        ethnic minority group and replaces them with direction
          to the Governor to consider whether the commission and
21        potential appointees reflect the racial, ethnic, and
          gender diversity, as well as the geographic
22        distribution, of the population within the court's
          territorial jurisdiction. Additionally, the committee
23        substitute directs the Governor to also consider, for
          circuit commissions, the adequacy of county
24        representation within the judicial circuit.

25  --    It prohibits absolutely any JNC member from holding any
          state judicial office or applying for any state judicial
26        office during his or her term and up to 2 years
          thereafter.
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    --    It includes circuit and district judicial nominating
28        commission members within the meaning of "state
          officers" for purposes of the financial disclosure
29        requirements in s. 112.3145, F.S.

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