SENATE AMENDMENT
    Bill No. CS/HB 367
    Amendment No. ___   Barcode 904728
                            CHAMBER ACTION
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11  Senator Cowin moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
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16  and insert:  
17         Section 1.  Section 43.291, Florida Statutes, is
18  created to read:
19         43.291  Judicial nominating commissions.--
20         (1)  Each judicial nominating commission shall be
21  composed of the following members:
22         (a)  Four members of The Florida Bar, appointed by the
23  Governor, who are engaged in the practice of law, each of whom
24  is a resident of the territorial jurisdiction served by the
25  commission to which the member is appointed. The Board of
26  Governors of The Florida Bar shall submit to the Governor
27  three recommended nominees for each position. The Governor
28  shall select the appointee from the list of nominees
29  recommended for that position, but the Governor may reject all
30  of the nominees recommended for a position and request that
31  the Board of Governors submit a new list of three different
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    11:50 AM   05/03/01                              h0367.ju11.2a

SENATE AMENDMENT Bill No. CS/HB 367 Amendment No. ___ Barcode 904728 1 recommended nominees for that position who have not been 2 previously recommended by the Board of Governors. 3 (b) Five members appointed by the Governor, each of 4 whom is a resident of the territorial jurisdiction served by 5 the commission to which the member is appointed, of which at 6 least two are members of The Florida Bar engaged in the 7 practice of law. 8 (2) A justice or judge may not be a member of a 9 judicial nominating commission. A member of a judicial 10 nominating commission may hold public office other than 11 judicial office. A member of a judicial nominating commission 12 is not eligible for appointment, during his or her term of 13 office and for a period of 2 years thereafter, to any state 14 judicial office for which that commission has the authority to 15 make nominations. All acts of a judicial nominating commission 16 must be made with a concurrence of a majority of its members. 17 (3) Notwithstanding any other provision of this 18 section, each current member of a judicial nominating 19 commission appointed directly by the Board of Governors of The 20 Florida Bar shall serve the remainder of his or her term, 21 unless removed for cause. The terms of all other members of a 22 judicial nominating commission are hereby terminated, and the 23 Governor shall appoint new members to each judicial nominating 24 commission in the following manner: 25 (a) Two appointments for terms ending July 1, 2002, 26 one of which shall be an appointment selected from nominations 27 submitted by the Board of Governors of The Florida Bar 28 pursuant to paragraph (1)(a); 29 (b) Two appointments for terms ending July 1, 2003; 30 and 31 (c) Two appointments for terms ending July 1, 2004. 2 11:50 AM 05/03/01 h0367.ju11.2a
SENATE AMENDMENT Bill No. CS/HB 367 Amendment No. ___ Barcode 904728 1 2 Every subsequent appointment, except an appointment to fill a 3 vacant, unexpired term, shall be for 4 years. Each expired 4 term or vacancy shall be filled by appointment in the same 5 manner as the member whose position is being filled. 6 (4) In making an appointment, the Governor shall seek 7 to ensure that, to the extent possible, the membership of the 8 commission reflects the racial, ethnic, and gender diversity, 9 as well as the geographic distribution, of the population 10 within the territorial jurisdiction of the court for which 11 nominations will be considered. The Governor shall also 12 consider the adequacy of representation of each county within 13 the judicial circuit. 14 (5) A member of a judicial nominating commission may 15 be suspended for cause by the Governor pursuant to uniform 16 rules of procedure established by the Executive Office of the 17 Governor consistent with s. 7 of Art. IV of the State 18 Constitution. 19 (6) A quorum of the judicial nominating commission is 20 necessary to take any action or transact any business. For 21 purposes of this section, a quorum consists of a majority of 22 commission members currently appointed. 23 (7) The Executive Office of the Governor shall provide 24 all administrative support for each judicial nominating 25 commission. The Executive Office of the Governor shall adopt 26 rules necessary to administer this section. 27 Section 2. Paragraph (c) of subsection (1) of section 28 112.3145, Florida Statutes, is amended to read: 29 112.3145 Disclosure of financial interests and clients 30 represented before agencies.-- 31 (1) For purposes of this section, unless the context 3 11:50 AM 05/03/01 h0367.ju11.2a
SENATE AMENDMENT Bill No. CS/HB 367 Amendment No. ___ Barcode 904728 1 otherwise requires, the term: 2 (c) "State officer" means: 3 1. Any elected public officer, excluding those elected 4 to the United States Senate and House of Representatives, not 5 covered elsewhere in this part and any person who is appointed 6 to fill a vacancy for an unexpired term in such an elective 7 office. 8 2. An appointed member of each board, commission, 9 authority, or council having statewide jurisdiction, excluding 10 a member of an advisory body. 11 3. A member of the Board of Regents, the Chancellor 12 and Vice Chancellors of the State University System, and the 13 president of a state university. 14 4. A member of the judicial nominating commission for 15 any district court of appeal or any judicial circuit. 16 Section 3. Section 43.29, Florida Statutes, is 17 repealed. 18 Section 4. This act shall take effect upon becoming a 19 law. 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 Delete everything before the enacting clause 25 26 and insert: 27 A bill to be entitled 28 An act relating to judicial nominating 29 commissions; creating s. 43.291, F.S.; revising 30 the membership of and the procedures governing 31 the appointment of members to each judicial 4 11:50 AM 05/03/01 h0367.ju11.2a
SENATE AMENDMENT Bill No. CS/HB 367 Amendment No. ___ Barcode 904728 1 nominating commission; prohibiting justices and 2 judges from serving; restricting the 3 appointment of members and former members to 4 judicial offices; providing for terms; 5 requiring the Governor to seek to ensure 6 racial, ethnic, and gender diversity of the 7 membership; requiring consideration of county 8 representation on circuit judicial nominating 9 commissions; providing for suspension of 10 members for cause; prescribing quorum 11 requirements; requiring the Executive Office of 12 the Governor to provide administrative support 13 and to adopt rules; amending s. 112.3145, F.S.; 14 providing that members of judicial nominating 15 commissions are state officers for purposes of 16 financial disclosure requirements; repealing s. 17 43.29, F.S., relating to judicial nominating 18 commissions; providing an effective date. 19 20 21 22 23 24 25 26 27 28 29 30 31 5 11:50 AM 05/03/01 h0367.ju11.2a