HB 7101

A bill to be entitled
2An act relating to judicial nominating commissions;
3repealing s. 43.291, F.S., relating to judicial nominating
4commissions; creating s. 43.292, F.S.; providing for
5judicial nominating commissions; specifying membership and
6composition; providing for appointment of members by the
7Governor; providing for terms; requiring the Governor to
8consider racial, ethnic, gender, and geographic diversity
9in making appointments; providing for suspension of a
10member of a judicial nominating commission; establishing a
11quorum; providing for administrative support; abolishing
12prior offices; permitting reappointment of former
13officeholders; providing an effective date.
15Be It Enacted by the Legislature of the State of Florida:
17     Section 1.  Section 43.291, Florida Statutes, is repealed.
18     Section 2.  Section 43.292, Florida Statutes, is created to
20     43.292  Judicial nominating commissions.-
21     (1)  Each judicial nominating commission established
22pursuant to s. 11(d), Art. V of the State Constitution shall
23consist of seven members appointed by the Governor, each of whom
24must be a resident of the territorial jurisdiction served by the
25commission to which the member is appointed. At least four
26members shall be members in good standing of The Florida Bar who
27are actively engaged in the practice of law. The Governor shall
28name the chair and vice chair of each judicial nominating
29commission. The members of a judicial nominating commission may
30elect from their number a temporary chair to serve if the
31appointed chair and vice chair are unable to attend a meeting of
32the commission.
33     (2)  A justice or judge may not be a member of a judicial
34nominating commission. A member of a judicial nominating
35commission may hold public office other than judicial office. A
36member of a judicial nominating commission is not eligible for
37appointment, during his or her term of office and for a period
38of 2 years thereafter, to any state judicial office for which
39that commission has the authority to make nominations. All acts
40of a judicial nominating commission must be made with a
41concurrence of a majority of its members.
42     (3)  All members shall be appointed for a term to end
43concurrent with the term to which the Governor was elected. The
44terms of all members shall be concurrent, and the terms may
45commence at any time following the inauguration of the Governor
46as a result of a general election. If a member is unable to
47complete his or her term, the Governor shall appoint another
48qualified individual to fill the remainder of that member's
49term. All terms shall end at midnight on the evening prior to
50the day of the next inauguration of a Governor following a
51general election.
52     (4)  In making appointments, the Governor shall seek to
53ensure that, to the extent possible, the membership of the
54judicial nominating commission reflects the racial, ethnic, and
55gender diversity and geographic distribution of the population
56within the territorial jurisdiction of the court for which
57nominations will be considered. The Governor shall also consider
58the adequacy of representation of each county within the
59judicial circuit.
60     (5)  A member of a judicial nominating commission may be
61suspended for cause by the Governor pursuant to uniform rules of
62procedure established by the Executive Office of the Governor
63consistent with s. 7, Art. IV of the State Constitution.
64     (6)  A quorum of the judicial nominating commission is
65necessary to take any action or transact any business. For
66purposes of this section, a quorum consists of a majority of
67members currently appointed.
68     (7)  The Executive Office of the Governor shall provide all
69administrative support for each judicial nominating commission.
70     Section 3.  The office of any member of any judicial
71nominating commission appointed pursuant to former s. 43.291,
72Florida Statutes, prior to the effective date of this act is
73abolished upon the effective date of this act and is replaced by
74those offices created pursuant to s. 43.292(1), Florida
75Statutes, as created by this act. Any member of a judicial
76nominating commission who will not complete a 4-year term
77because of the enactment of s. 43.292, Florida Statutes, may be
78reappointed by the Governor.
79     Section 4.  This act shall take effect upon becoming a law.

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