Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 2170
                                Barcode 649060                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             05/04/2011 04:20 PM       .                                

       Senator Thrasher moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 43.291, Florida Statutes, is repealed.
    6         Section 2. Section 43.292, Florida Statutes, is created to
    7  read:
    8         43.292Judicial nominating commissions.—
    9         (1) Each judicial nominating commission established
   10  pursuant to s. 11(d), Art. V of the State Constitution shall
   11  consist of seven members appointed by the Governor, each of whom
   12  must be a resident of the territorial jurisdiction served by the
   13  commission to which the member is appointed. At least four
   14  members shall be members in good standing of The Florida Bar who
   15  are actively engaged in the practice of law. The Governor shall
   16  name the chair and vice chair of each judicial nominating
   17  commission. The members of a judicial nominating commission may
   18  elect from their number a temporary chair to serve if the
   19  appointed chair and vice chair are unable to attend a meeting of
   20  the commission.
   21         (2) A justice or judge may not be a member of a judicial
   22  nominating commission. A member of a judicial nominating
   23  commission may hold public office other than judicial office. A
   24  member of a judicial nominating commission is not eligible for
   25  appointment, during his or her term of office and for a period
   26  of 2 years thereafter, to any state judicial office for which
   27  that commission has the authority to make nominations. All acts
   28  of a judicial nominating commission must be made with a
   29  concurrence of a majority of its members.
   30         (3) All members shall be appointed for a term to end
   31  concurrent with the term to which the Governor was elected. The
   32  terms of all members shall be concurrent, and the terms may
   33  commence at any time following the inauguration of the Governor
   34  as a result of a general election. If a member is unable to
   35  complete his or her term, the Governor shall appoint another
   36  qualified individual to fill the remainder of that member's
   37  term. All terms shall end at midnight on the evening prior to
   38  the day of the next inauguration of a Governor following a
   39  general election.
   40         (4) In making appointments, the Governor shall seek to
   41  ensure that, to the extent possible, the membership of the
   42  judicial nominating commission reflects the racial, ethnic, and
   43  gender diversity and geographic distribution of the population
   44  within the territorial jurisdiction of the court for which
   45  nominations will be considered. The Governor shall also consider
   46  the adequacy of representation of each county within the
   47  judicial circuit.
   48         (5) A member of a judicial nominating commission may be
   49  suspended for cause by the Governor pursuant to uniform rules of
   50  procedure established by the Executive Office of the Governor
   51  consistent with s. 7, Art. IV of the State Constitution.
   52         (6) A quorum of the judicial nominating commission is
   53  necessary to take any action or transact any business. For
   54  purposes of this section, a quorum consists of a majority of
   55  members currently appointed.
   56         (7) The Executive Office of the Governor shall provide all
   57  administrative support for each judicial nominating commission.
   58         Section 3. The office of any member of any judicial
   59  nominating commission appointed pursuant to former s. 43.291,
   60  Florida Statutes, prior to the effective date of this act is
   61  abolished upon the effective date of this act and is replaced by
   62  those offices created pursuant to s. 43.292(1), Florida
   63  Statutes, as created by this act. Any member of a judicial
   64  nominating commission who will not complete a 4-year term
   65  because of the enactment of s. 43.292, Florida Statutes, may be
   66  reappointed by the Governor.
   67         Section 4. This act shall take effect upon becoming a law
   70  ================= T I T L E  A M E N D M E N T ================
   71         And the title is amended as follows:
   72         Delete everything before the enacting clause
   73  and insert:
   74                        A bill to be entitled                      
   75         An act relating to judicial nominating commissions;
   76         repealing s. 43.291, F.S., relating to judicial
   77         nominating commissions; creating s. 43.292, F.S.;
   78         providing for judicial nominating commissions;
   79         specifying membership and composition; providing for
   80         appointment of members by the Governor; providing for
   81         terms; requiring the Governor to consider racial,
   82         ethnic, gender, and geographic diversity in making
   83         appointments; providing for suspension of a member of
   84         a judicial nominating commission; establishing a
   85         quorum; providing for administrative support;
   86         abolishing prior offices; permitting reappointment of
   87         former officeholders; providing an effective date.