Senate Bill sb1494c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SJR 1494
By the Committee on Judiciary; and Senator Smith
308-2012-03
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. Upon conducting a senate hearing on the nominee,
26 if the senate fails to take final action by the last day of
27 the next scheduled regular session, the result will be the
28 appointment of the nominee., one of not fewer than three
29 persons nor more than six persons nominated by the appropriate
30 judicial nominating commission.
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SJR 1494
308-2012-03
1 (b) The governor shall fill each vacancy on a circuit
2 court or on a county court, wherein the judges are elected by
3 a majority vote of the electors, by appointing for a term
4 ending on the first Tuesday after the first Monday in January
5 of the year following the next primary and general election
6 occurring at least one year after the date of appointment, one
7 of not fewer than three persons nor more than six persons
8 nominated by the appropriate judicial nominating commission.
9 An election shall be held to fill that judicial office for the
10 term of the office beginning at the end of the appointed term.
11 (c) The nominations for a vacancy on a circuit court
12 or county court shall be made within thirty days from the
13 occurrence of a vacancy unless the period is extended by the
14 governor for a time not to exceed thirty days. The governor
15 shall make the appointment within sixty days after the
16 nominations have been certified to the governor.
17 (d) There shall be a separate judicial nominating
18 commission as provided by general law for the supreme court,
19 each district court of appeal, and each judicial circuit for
20 all trial courts within the circuit. Uniform rules of
21 procedure shall be established by the judicial nominating
22 commissions at each level of the court system. Such rules, or
23 any part thereof, may be repealed by general law enacted by a
24 majority vote of the membership of each house of the
25 legislature, or by the supreme court, five justices
26 concurring. Except for deliberations of the judicial
27 nominating commissions, the proceedings of the commissions and
28 their records shall be open to the public.
29 BE IT FURTHER RESOLVED that the following statement be
30 placed on the ballot:
31 CONSTITUTIONAL AMENDMENT
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SJR 1494
308-2012-03
1 ARTICLE V, SECTION 11
2 JUDICIARY VACANCIES.--Proposing an amendment to the
3 State Constitution for Senate confirmation of the Governor's
4 single nominee to a judicial vacancy that is subject to an
5 election for retention, including a vacancy on the Supreme
6 Court and any district court of appeal, providing for
7 confirmation if the Senate fails to act, and providing for
8 eliminating the judicial nominating commissions for the
9 Supreme Court and each district court of appeal.
10
11 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
12 Senate Bill 1494
13
14 Requires the Governor to forward a single nominee for each
vacant judicial office on the Supreme Court or a District
15 Court of Appeal to the Senate for confirmation. Provides that
the nominee will be appointed if upon a senate hearing, the
16 senate does not act upon the nomination by the end of the next
schedule regular session. Eliminates the Judicial Nominating
17 Commissions for the Supreme Court and the appellate districts.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.