Florida Senate - 2012                                    SB 1570
       
       
       
       By Senator Simmons
       
       
       
       
       22-01468B-12                                          20121570__
    1                        A bill to be entitled                      
    2         An act relating to the judiciary; amending s. 25.073,
    3         F.S.; providing that if a retired justice or judge is
    4         assigned to temporary duty, such assignment does not
    5         affect his or her eligibility for benefits under the
    6         Florida Retirement System; amending s. 43.291, F.S.;
    7         revising requirements for the appointment of members
    8         of judicial nominating commissions; providing that,
    9         with the exception of members selected from a list of
   10         nominees provided by the Board of Governors of The
   11         Florida Bar, a current member of a judicial nominating
   12         commission appointed by the Governor serves at the
   13         pleasure of the Governor; providing for each expired
   14         term or vacancy to be filled by appointment in the
   15         same manner as the member whose position is being
   16         filled; deleting obsolete provisions; deleting a
   17         requirement that the Executive Office of the Governor
   18         establish uniform rules of procedure consistent with
   19         the State Constitution when suspending for cause a
   20         member of a judicial nominating commission; providing
   21         an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsection (4) is added to section 25.073,
   26  Florida Statutes, to read:
   27         25.073 Retired justices or judges assigned to temporary
   28  duty; additional compensation; appropriation.—
   29         (4) For a retired judge who has reached his or her normal
   30  retirement age or date under chapter 121 and who has consented
   31  to temporary duty in any court, as assigned by the Chief Justice
   32  of the Supreme Court in accordance with s. 2, Art. V of the
   33  State Constitution:
   34         (a) The definition of the term “termination” in s. 121.021
   35  does not apply, and termination occurs when the judge ceases all
   36  permanent, nontemporary, active duty as a judge, and retires
   37  from the Florida Retirement System.
   38         (b) Section 121.091(9)(c) does not apply, and such
   39  temporary duty is not considered reemployment or employment
   40  after retirement for purposes of chapter 121, and renewed
   41  membership in the Florida Retirement System is not allowed.
   42         Section 2. Subsections (1), (3), and (5) of section 43.291,
   43  Florida Statutes, are amended to read:
   44         43.291 Judicial nominating commissions.—
   45         (1) Each judicial nominating commission shall be composed
   46  of the following members:
   47         (a) Four members of The Florida Bar, appointed by the
   48  Governor, who are engaged in the practice of law, each of whom
   49  is a resident of the territorial jurisdiction served by the
   50  commission to which the member is appointed. The Board of
   51  Governors of The Florida Bar shall submit to the Governor three
   52  recommended nominees for each position. The Governor shall
   53  select the appointee from the list of nominees recommended for
   54  that position, but the Governor may reject all of the nominees
   55  recommended for a position and request that the Board of
   56  Governors submit a new list of three different recommended
   57  nominees for that position who have not been previously
   58  recommended by the Board of Governors.
   59         (b) Five members appointed by the Governor who shall serve
   60  at the pleasure of the Governor, each of whom is a resident of
   61  the territorial jurisdiction served by the commission to which
   62  the member is appointed, of which at least two are members of
   63  The Florida Bar engaged in the practice of law. Notwithstanding
   64  any other law, each current member of a judicial nominating
   65  commission appointed by the Governor, other than those selected
   66  from a list of nominees provided by the Board of Governors of
   67  The Florida Bar, shall serve at the pleasure of the Governor.
   68         (c) Each expired term or vacancy shall be filled by
   69  appointment in the same manner as the member whose position is
   70  being filled.
   71         (3) Notwithstanding any other provision of this section,
   72  each current member of a judicial nominating commission selected
   73  from a list of nominees provided appointed directly by the Board
   74  of Governors of The Florida Bar shall serve the remainder of his
   75  or her term, unless removed for cause. The terms of all other
   76  members of a judicial nominating commission are hereby
   77  terminated, and the Governor shall appoint new Members selected
   78  from a list of nominees provided by the Board of Governors of
   79  The Florida Bar shall serve terms to each judicial nominating
   80  commission in the following manner:
   81         (a) One appointment Two appointments for a term terms
   82  ending July 1, 2012 2002, one of which shall be an appointment
   83  selected from nominations submitted by the Board of Governors of
   84  The Florida Bar pursuant to paragraph (1)(a);
   85         (b) Two appointments for terms ending July 1, 2014 2003;
   86  and
   87         (c) One appointment Two appointments for a term terms
   88  ending July 1, 2015 2004.
   89  
   90  Every subsequent appointment of a member selected from a list of
   91  nominees provided by the Board of Governors of The Florida Bar,
   92  except an appointment to fill a vacant, unexpired term, shall be
   93  for 4 years. Each expired term or vacancy shall be filled by
   94  appointment in the same manner as the member whose position is
   95  being filled.
   96         (5) A member of a judicial nominating commission may be
   97  suspended for cause by the Governor pursuant to uniform rules of
   98  procedure established by the Executive Office of the Governor
   99  consistent with s. 7, of Art. IV of the State Constitution.
  100         Section 3. This act shall take effect July 1, 2012.