HJR 0681 2003
1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 11 of
3	Article V of the State Constitution to provide that
4	vacancies on the Florida Supreme Court and on district
5	courts of appeal shall be filled by gubernatorial
6	appointment, subject to confirmation by the Senate, to
7	provide for the elimination of judicial nominating
8	commissions for the Supreme Court and for district courts
9	of appeal, and to provide for implementation by the
10	Legislature.
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12	Be It Resolved by the Legislature of the State of Florida:
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14	That the amendment to Section 11 of Article V of the State
15	Constitution set forth below is agreed to and shall be submitted
16	to the electors of Florida for approval or rejection at the
17	general election to be held in November 2004:
18	ARTICLE V
19	JUDICIARY
20	SECTION 11. Vacancies.--
21	(a) Whenever a vacancy occurs on the supreme court or on a
22	district court of appealin a judicial office to which election
23	for retention applies, the governor shall nominate and forward
24	to the senate for confirmation a single nominee. Upon successful
25	confirmation by a majority of the membership of the senate, the
26	nominee shall assume officefill the vacancy by appointingfor a
27	term ending on the first Tuesday after the first Monday in
28	January of the year following the next general election
29	occurring at least one year after the date of confirmation
30	appointment, one of not fewer than three persons nor more than
31	six persons nominated by the appropriate judicial nominating
32	commission. The Legislature shall provide by general law for the
33	implementation of this subsection.
34	(b) The governor shall fill each vacancy on a circuit
35	court or on a county court, wherein the judges are elected by a
36	majority vote of the electors,by appointing for a term ending
37	on the first Tuesday after the first Monday in January of the
38	year following the next primary and general election occurring
39	at least one year after the date of appointment, one of not
40	fewer than three persons nor more than six persons nominated by
41	the appropriate judicial nominating commission. Except as
42	provided in section 10 of this article,an election shall be
43	held to fill that judicial office for the term of the office
44	beginning at the end of the appointed term.
45	(c) The nominations shall be made within thirty days from
46	the occurrence of a vacancy unless the period is extended by the
47	governor for a time not to exceed thirty days. The governor
48	shall make the appointment within sixty days after the
49	nominations have been certified to the governor.
50	(d) There shall be a separate judicial nominating
51	commission as provided by general law for the supreme court,
52	each district court of appeal, andeach judicial circuit for all
53	trial courts within the circuit. Uniform rules of procedure
54	shall be established by the judicial nominating commissions at
55	each level of the court system. Such rules, or any part thereof,
56	may be repealed by general law enacted by a majority vote of the
57	membership of each house of the legislature, or by the supreme
58	court, five justices concurring. Except for deliberations of the
59	judicial nominating commissions, the proceedings of the
60	commissions and their records shall be open to the public.
61	BE IT FURTHER RESOLVED that the title and substance of the
62	amendment proposed herein shall appear on the ballot as follows:
63	FILLING VACANCIES ON THE FLORIDA SUPREME COURT
64	AND ON DISTRICT COURTS OF APPEAL
65	Proposes an amendment to Section 11 of Article V of the
66	State Constitution to provide that vacancies on the Florida
67	Supreme Court and on the District Courts of Appeal of this state
68	shall be filled by a nominee of the Governor, subject to
69	confirmation by a majority vote of the membership of the Senate;
70	provides for implementation of the nomination and confirmation
71	process by general law enacted by the Legislature; eliminates
72	the judicial nominating commissions for the Supreme Court and
73	the District Courts of Appeal and their role in the appointment
74	process for appellate court justices and judges.