Senate Bill sb1494

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                 SJR 1494

    By Senator Smith





    14-1097-03

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing an amendment to

  3         Section 11 of Article V of the State

  4         Constitution, relating to judicial vacancies.

  5

  6  Be It Resolved by the Legislature of the State of Florida:

  7

  8         That the following amendment to Section 11 of Article V

  9  of the State Constitution is agreed to and shall be submitted

10  to the electors of this state for approval or rejection at the

11  next general election or at an earlier special election

12  specifically authorized by law for that purpose:

13                            ARTICLE V

14                            JUDICIARY

15         SECTION 11.  Vacancies.--

16         (a)  Whenever a vacancy occurs in a judicial office to

17  which election for retention applies, the governor shall

18  forward to the senate, for purposes of confirmation, a single

19  nominee. Upon successful confirmation by a majority of the

20  senate, the nominee will be appointed to the specific judicial

21  office. Such an appointment would be fill the vacancy by

22  appointing for a term ending on the first Tuesday after the

23  first Monday in January of the year following the next general

24  election occurring at least one year after the date of

25  appointment., one of not fewer than three persons nor more

26  than six persons nominated by the appropriate judicial

27  nominating commission.

28         (b)  The governor shall fill each vacancy on a circuit

29  court or on a county court, wherein the judges are elected by

30  a majority vote of the electors, by appointing for a term

31  ending on the first Tuesday after the first Monday in January

                                  1

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






    Florida Senate - 2003                                 SJR 1494
    14-1097-03




  1  of the year following the next primary and general election

  2  occurring at least one year after the date of appointment, one

  3  of not fewer than three persons nor more than six persons

  4  nominated by the appropriate judicial nominating commission.

  5  An election shall be held to fill that judicial office for the

  6  term of the office beginning at the end of the appointed term.

  7         (c)  The nominations for a vacancy on a circuit court

  8  or county court shall be made within thirty days from the

  9  occurrence of a vacancy unless the period is extended by the

10  governor for a time not to exceed thirty days.  The governor

11  shall make the appointment within sixty days after the

12  nominations have been certified to the governor.

13         (d)  There shall be a separate judicial nominating

14  commission as provided by general law for the supreme court,

15  each district court of appeal, and each judicial circuit for

16  all trial courts within the circuit.  Uniform rules of

17  procedure shall be established by the judicial nominating

18  commissions at each level of the court system.  Such rules, or

19  any part thereof, may be repealed by general law enacted by a

20  majority vote of the membership of each house of the

21  legislature, or by the supreme court, five justices

22  concurring. Except for deliberations of the judicial

23  nominating commissions, the proceedings of the commissions and

24  their records shall be open to the public.

25         BE IT FURTHER RESOLVED that the following statement be

26  placed on the ballot:

27                     CONSTITUTIONAL AMENDMENT

28                      ARTICLE V, SECTION 11

29         JUDICIARY VACANCIES.--Proposing an amendment to the

30  State Constitution for Senate confirmation of the Governor's

31  single nominee to a judicial vacancy that is subject to an

                                  2

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






    Florida Senate - 2003                                 SJR 1494
    14-1097-03




  1  election for retention, including a vacancy on the Supreme

  2  Court and any district court of appeal, and for eliminating

  3  the judicial nominating commissions for the Supreme Court and

  4  each district court of appeal.

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

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