House Bill hb0367er

CODING: Words stricken are deletions; words underlined are additions.


    ENROLLED

    2001 Legislature                    CS/HB 367, First Engrossed



  1                                 

  2         An act relating to judicial nominating

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

  4         the membership of and the procedures governing

  5         the appointment of members to each judicial

  6         nominating commission; prohibiting justices and

  7         judges from serving; restricting the

  8         appointment of members and former members to

  9         judicial offices; providing for terms;

10         requiring the Governor to seek to ensure

11         racial, ethnic, and gender diversity of the

12         membership; requiring consideration of county

13         representation on circuit judicial nominating

14         commissions; providing for suspension of

15         members for cause; prescribing quorum

16         requirements; requiring the Executive Office of

17         the Governor to provide administrative support

18         and to adopt rules; amending s. 112.3145, F.S.;

19         providing that members of judicial nominating

20         commissions are state officers for purposes of

21         financial disclosure requirements; repealing s.

22         43.29, F.S., relating to judicial nominating

23         commissions; providing an effective date.

24  

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

26  

27         Section 1.  Section 43.291, Florida Statutes, is

28  created to read:

29         43.291  Judicial nominating commissions.--

30         (1)  Each judicial nominating commission shall be

31  composed of the following members:


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                    CS/HB 367, First Engrossed



  1         (a)  Four members of The Florida Bar, appointed by the

  2  Governor, who are engaged in the practice of law, each of whom

  3  is a resident of the territorial jurisdiction served by the

  4  commission to which the member is appointed. The Board of

  5  Governors of The Florida Bar shall submit to the Governor

  6  three recommended nominees for each position. The Governor

  7  shall select the appointee from the list of nominees

  8  recommended for that position, but the Governor may reject all

  9  of the nominees recommended for a position and request that

10  the Board of Governors submit a new list of three different

11  recommended nominees for that position who have not been

12  previously recommended by the Board of Governors.

13         (b)  Five members appointed by the Governor, each of

14  whom is a resident of the territorial jurisdiction served by

15  the commission to which the member is appointed, of which at

16  least two are members of The Florida Bar engaged in the

17  practice of law.

18         (2)  A justice or judge may not be a member of a

19  judicial nominating commission. A member of a judicial

20  nominating commission may hold public office other than

21  judicial office. A member of a judicial nominating commission

22  is not eligible for appointment, during his or her term of

23  office and for a period of 2 years thereafter, to any state

24  judicial office for which that commission has the authority to

25  make nominations. All acts of a judicial nominating commission

26  must be made with a concurrence of a majority of its members.

27         (3)  Notwithstanding any other provision of this

28  section, each current member of a judicial nominating

29  commission appointed directly by the Board of Governors of The

30  Florida Bar shall serve the remainder of his or her term,

31  unless removed for cause. The terms of all other members of a


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                    CS/HB 367, First Engrossed



  1  judicial nominating commission are hereby terminated, and the

  2  Governor shall appoint new members to each judicial nominating

  3  commission in the following manner:

  4         (a)  Two appointments for terms ending July 1, 2002,

  5  one of which shall be an appointment selected from nominations

  6  submitted by the Board of Governors of The Florida Bar

  7  pursuant to paragraph (1)(a);

  8         (b)  Two appointments for terms ending July 1, 2003;

  9  and

10         (c)  Two appointments for terms ending July 1, 2004.

11  

12  Every subsequent appointment, except an appointment to fill a

13  vacant, unexpired term, shall be for 4 years. Each expired

14  term or vacancy shall be filled by appointment in the same

15  manner as the member whose position is being filled.

16         (4)  In making an appointment, the Governor shall seek

17  to ensure that, to the extent possible, the membership of the

18  commission reflects the racial, ethnic, and gender diversity,

19  as well as the geographic distribution, of the population

20  within the territorial jurisdiction of the court for which

21  nominations will be considered. The Governor shall also

22  consider the adequacy of representation of each county within

23  the judicial circuit.

24         (5)  A member of a judicial nominating commission may

25  be suspended for cause by the Governor pursuant to uniform

26  rules of procedure established by the Executive Office of the

27  Governor consistent with s. 7 of Art. IV of the State

28  Constitution.

29         (6)  A quorum of the judicial nominating commission is

30  necessary to take any action or transact any business. For

31  


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                    CS/HB 367, First Engrossed



  1  purposes of this section, a quorum consists of a majority of

  2  commission members currently appointed.

  3         (7)  The Executive Office of the Governor shall provide

  4  all administrative support for each judicial nominating

  5  commission. The Executive Office of the Governor shall adopt

  6  rules necessary to administer this section.

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

  8  112.3145, Florida Statutes, is amended to read:

  9         112.3145  Disclosure of financial interests and clients

10  represented before agencies.--

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

12  otherwise requires, the term:

13         (c)  "State officer" means:

14         1.  Any elected public officer, excluding those elected

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

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

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

18  office.

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

20  authority, or council having statewide jurisdiction, excluding

21  a member of an advisory body.

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

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

24  president of a state university.

25         4.  A member of the judicial nominating commission for

26  any district court of appeal or any judicial circuit.

27         Section 3.  Section 43.29, Florida Statutes, is

28  repealed.

29         Section 4.  This act shall take effect upon becoming a

30  law.

31  


                                  4

CODING: Words stricken are deletions; words underlined are additions.