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House Joint Resolution |
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A joint resolution proposing an amendment to Section 11 of |
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Article V of the State Constitution to require that the |
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deliberations and records related thereto of judicial |
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nominating commissions be open to the public. |
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Be It Resolved by the Legislature of the State of Florida: |
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That the amendment to Section 11 of Article V of the State |
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Constitution set forth below is agreed to and shall be submitted |
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to the electors of Florida for approval or rejection at the |
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general election to be held in November 2004: |
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ARTICLE V |
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JUDICIARY |
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SECTION 11. Vacancies.-- |
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(a) Whenever a vacancy occurs in a judicial office to |
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which election for retention applies, the governor shall fill |
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the vacancy by appointing for a term ending on the first Tuesday |
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after the first Monday in January of the year following the next |
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general election occurring at least one year after the date of |
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appointment, one of not fewer than three persons nor more than |
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six persons nominated by the appropriate judicial nominating |
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commission. |
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(b) The governor shall fill each vacancy on a circuit |
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court or on a county court, wherein the judges are elected by a |
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majority vote of the electors, by appointing for a term ending |
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on the first Tuesday after the first Monday in January of the |
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year following the next primary and general election occurring |
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at least one year after the date of appointment, one of not |
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fewer than three persons nor more than six persons nominated by |
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the appropriate judicial nominating commission. An election |
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shall be held to fill that judicial office for the term of the |
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office beginning at the end of the appointed term. |
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(c) The nominations shall be made within thirty days from |
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the occurrence of a vacancy unless the period is extended by the |
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governor for a time not to exceed thirty days. The governor |
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shall make the appointment within sixty days after the |
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nominations have been certified to the governor. |
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(d) There shall be a separate judicial nominating |
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commission as provided by general law for the supreme court, |
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each district court of appeal, and each judicial circuit for all |
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trial courts within the circuit. Uniform rules of procedure |
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shall be established by the judicial nominating commissions at |
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each level of the court system. Such rules, or any part thereof, |
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may be repealed by general law enacted by a majority vote of the |
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membership of each house of the legislature, or by the supreme |
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court, five justices concurring. Except for deliberations of the |
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judicial nominating commissions,The proceedings of the |
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commissions and their records shall be open to the public. |
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BE IT FURTHER RESOLVED that the title and substance of the |
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amendment proposed herein shall appear on the ballot as follows: |
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OPEN MEETINGS AND RECORDS OF JUDICIAL NOMINATING COMMISSIONS |
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Proposes an amendment to Section 11 of Article V of the |
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State Constitution to require that the deliberations and records |
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related thereto of the judicial nominating commissions be open |
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to the public. |