HOUSE AMENDMENT
                                                Bill No. CS/HB 367   Barcode 651093
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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                                   .03/21/2001 02:46 PM 
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11  Representative(s) Negron offered the following:
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13         Amendment 
14         On page 1, line 19, through page 3, line 24
15  remove from the bill:  all of said lines
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17  and insert in lieu thereof:  
18         Section 1.  Section 43.291, Florida Statutes, is
19  created to read:
20         43.291  Judicial nominating commissions.--
21         (1)  Each judicial nominating commission established
22  pursuant s. 11(d), Art. V of the State Constitution shall
23  consist of nine members, three appointed by the Governor,
24  three appointed by the President of the Senate, three
25  appointed by the Speaker of the House, each of whom shall be a
26  resident of the territorial jurisdiction served by the
27  commission to which the member is appointed. Each appointing
28  authority shall appoint at least one, but not more than two
29  members, who are members in good standing of The Florida Bar
30  who are actively engaged in the practice of law. All other
31  members shall be persons who are not current employees of a
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    File original & 9 copies    03/21/01                          
    hjj0005                     10:35 am         00367-0082-651093

HOUSE AMENDMENT Bill No. CS/HB 367 Barcode 651093 Amendment No. 01 (for drafter's use only) 1 lawyer or law firm in this state nor shall such other members 2 have ever practiced law or been members of the bar in any 3 state of the United States or in the federal court system of 4 the United States. 5 (2)(a) In making such appointments, the appointing 6 authorities shall seek to ensure that the members of the 7 commissions reflect the racial, ethnic, and gender diversity 8 of the population within the territorial jurisdiction of the 9 court for which nominations will be considered. 10 (b) With respect to members for judicial circuits of 11 this state, there shall be appointed at least one commissioner 12 from each county within the judicial circuit and such 13 commissioner shall reside within the county from which he or 14 she is appointed. 15 (c) With respect to members for court of appeals 16 districts of this state, there shall be appointed at least one 17 commissioner from each judicial circuit within the district 18 and such commissioner shall reside within the judicial circuit 19 from which he or she is appointed. 20 (d) With respect to members for the Supreme Court 21 Judicial Nominating Commission, there shall be appointed at 22 least one commissioner from each court of appeals district 23 within the state and such commissioner shall reside within the 24 court of appeals district from which he or she is appointed. 25 (3) No justice or judge may be a member of a judicial 26 nominating commission. A member of a judicial nominating 27 commission may hold public office other than judicial office. 28 A member of a judicial nominating commission is not eligible 29 for appointment to the state judicial office for which the 30 commission has the authority to make nominations, either 31 during such term of membership or for a period of 2 years 2 File original & 9 copies 03/21/01 hjj0005 10:35 am 00367-0082-651093
HOUSE AMENDMENT Bill No. CS/HB 367 Barcode 651093 Amendment No. 01 (for drafter's use only) 1 thereafter. All acts of a judicial nominating commission 2 shall be made with concurrence of a majority of its members. 3 (4) All members shall be appointed for a term to end 4 on the date of the next general election. Terms commence upon 5 appointment. No member may be appointed between the date of a 6 gubernatorial election and the first Wednesday after the first 7 Monday in January of the succeeding year. If a member is 8 unable to complete his or her term, the appointing authority 9 shall appoint another individual, qualified under the same 10 subsection of this section as the member previously appointed, 11 to fill the remainder of the member's term. For cause, a 12 member of a judicial nominating commission may be suspended by 13 the Governor pursuant to uniform rules of procedure 14 established by the Executive Office of the Governor consistent 15 with s. 7, Art. IV of the State Constitution and thereafter 16 removed by the Senate. 17 (5) The office of any member of any judicial 18 nominating commission appointed pursuant to s. 43.29 prior to 19 the effective date of this act is abolished upon the effective 20 date of this act and is replaced by those offices created 21 pursuant to subsection (1). Any member of a judicial 22 nominating commission who will not complete a 4-year term 23 because of enactment of this act may be reappointed under this 24 section. 25 26 27 28 29 30 31 3 File original & 9 copies 03/21/01 hjj0005 10:35 am 00367-0082-651093