Florida Senate - 2020 SB 932 By Senator Lee 20-00466D-20 2020932__ 1 A bill to be entitled 2 An act relating to executive appointments; amending s. 3 114.05, F.S.; specifying that the Governor may rescind 4 an appointment before the Senate confirms such 5 appointment; specifying the term of office of an 6 appointee whose appointment is rescinded by the 7 Governor; providing retroactive application; providing 8 an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsection (1) of section 114.05, Florida 13 Statutes, is amended to read: 14 114.05 Issuance of letter of appointment; confirmation by 15 the Senate; refusal or failure to confirm.— 16 (1) When a vacancy in office is filled by appointment which 17 requires confirmation by the Senate: 18 (a) The Governor shall issue and transmit to the Secretary 19 of State for filing a letter of appointment. The letter shall 20 contain the legal authority under which the appointment is made; 21 the proper designation of the office; the full name and address 22 of the appointee; the term of office to which the appointment is 23 made; and the effective date of the appointment, which date 24 shall be on or after the date of recording of the letter of 25 appointment. The Secretary of State shall promptly file the 26 letter and transmit to the appointee an oath of office, 27 questionnaire for executive appointment, and bond form when 28 required. Upon receipt of the questionnaire, oath of office, and 29 bond if required, the Secretary of State shall transmit to the 30 appointee a certificate of appointment, under seal, certifying 31 that the appointment was made of the appointee to the office, 32 for the term indicated in the letter of appointment. The 33 certificate shall also provide that the appointment is subject 34 to confirmation by the Senate at the next regular session of the 35 Legislature following the effective date of the appointment. 36 (b) The Department of State shall distribute and cause to 37 be prepared and submitted by each appointee a biographical 38 questionnaire, verified under oath or affirmation, in the form 39 prescribed by the President of the Senate. The department shall 40 transmit the completed questionnaire and a copy of the 41 certificate of appointment to the President of the Senate or his 42 or her designee within 30 days from the receipt by the 43 department of the letter of appointment. Upon receipt of the 44 certificate, the President of the Senate shall lay the 45 appointment before the Senate for confirmation in accordance 46 with this section and the applicable Senate rules. 47 (c) If the Senate confirms the appointment, the fact of 48 such confirmation shall be spread upon the pages of the Journal 49 of the Senate; and thereafter a certificate of Senate 50 confirmation shall be issued by the President of the Senate and 51 attested to by the Secretary of the Senate. A true copy of this 52 certificate shall be filed with the Secretary of State, and the 53 original thereof shall be delivered to the appointee. Upon 54 receipt by him or her of the certificate of Senate confirmation, 55 the Secretary of State shall cause a commission to be prepared 56 and transmitted to the Governor for signature. After the 57 commission has been duly signed, countersigned, and sealed, it 58 shall be delivered to the appointee. The commission shall 59 specify, among the other things prescribed in paragraph (a), the 60 date on which the appointment was confirmed and the expiration 61 date of the term of office. 62 (d) If the Senate refuses to confirm the appointment, the 63 fact of such refusal or rejection shall be spread upon the pages 64 of the Journal of the Senate; and thereafter a certificate of 65 refusal to confirm shall be issued, attested, filed, and 66 delivered in accordance with paragraph (c). Unless an earlier 67 date is specified in the motion to refuse to confirm, the ad 68 interim term of the appointee whose appointment has been 69 rejected by the Senate shall end at the adjournment of the 70 session of the Senate at which the vote on his or her 71 confirmation was taken. An appointee whose appointment to office 72 has been rejected by the Senate shall hold over until his or her 73 successor is appointed and qualified, but the period of such 74 holdover shall not exceed 30 days from the adjournment of the 75 session of the Senate. No person whose appointment to office has 76 been rejected by the Senate shall be eligible for appointment to 77 the same office for 1 year after the date of filing of the 78 certificate of refusal to confirm. 79 (e) If the Senate votes to take no action or if for any 80 other reason it fails to consider an appointment during the 81 regular session immediately following the effective date of the 82 appointment, the failure to act shall be noted in the pages of 83 the Journal of the Senate; and thereafter a certificate, stating 84 that the Senate voted to take no action or failed to consider 85 the appointment, shall be issued, attested, filed, and delivered 86 in accordance with paragraph (c). With respect to appointments 87 on which the Senate fails to act during the regular session of 88 the Legislature immediately following the effective date of the 89 appointment, a vacancy in office shall exist upon the 90 adjournment sine die of the Legislature. The appointee shall 91 hold over until his or her successor is appointed and qualified; 92 however, such period of holding over shall not exceed 45 days. 93 The appointee may be reappointed. 94 (f) If the Senate voted to take no action or for any other 95 reason failed to consider an appointment during the regular 96 session immediately following the effective date of the 97 appointment and the appointee was thereupon reappointed to the 98 same office, and if the Senate votes to take no action or for 99 any other reason fails to consider the reappointment of the same 100 person to the same office during the regular session immediately 101 following the effective date of the reappointment, the 102 reappointment of such person to such office shall be deemed to 103 have been rejected; the office shall become vacant upon the 104 adjournment sine die of the regular session immediately 105 following the effective date of the reappointment; and the 106 appointee shall not hold over in that office or be eligible for 107 reappointment in that office for 1 year thereafter. 108 (g) The Governor may rescind an appointment at any time 109 before the appointment is confirmed by the Senate. If an 110 appointment is rescinded after the appointee qualifies for the 111 appointed office, the appointee’s term of office ends on the 112 date that his or her successor qualifies or at the end of the 113 calendar year in which the appointment is rescinded, whichever 114 occurs first. If the Governor rescinds an appointment and 115 thereafter reappoints the same appointee to the same office, 116 such appointment must be made before the end of the calendar 117 year in which the appointment is rescinded and the appointee is 118 subject to confirmation by the Senate at the next regular 119 session of the Legislature following the effective date of the 120 appointment. 121 Section 2. This act shall apply retroactively to any 122 appointments rescinded on or after January 8, 2019. 123 Section 3. This act shall take effect upon becoming a law.