Senate Bill sb1470c1

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    Florida Senate - 2001                           CS for SB 1470

    By the Committee on Governmental Oversight and Productivity;
    and Senator Cowin




    302-1642-01

  1                      A bill to be entitled

  2         An act relating to judicial nominating

  3         commissions; creating s. 43.291, F.S.;

  4         providing for the appointment of members to

  5         each judicial nominating commission;

  6         prohibiting judges from serving; restricting

  7         the appointment of members and former members

  8         to judicial offices; providing for terms;

  9         prohibiting reappointment with certain

10         exceptions; abolishing prior offices; providing

11         for suspension or removal; requiring appointing

12         authorities to seek to ensure racial, ethnic,

13         gender, and geographical diversity of

14         membership; requiring consideration of county

15         representation on circuit judicial nominating

16         commissions; amending s. 112.3145, F.S.;

17         providing that members of judicial nominating

18         commissions are state officers for purposes of

19         financial disclosure requirements; providing an

20         appropriation; repealing s. 43.29, F.S.,

21         relating to judicial nominating commissions;

22         providing an effective date.

23

24  Be It Enacted by the Legislature of the State of Florida:

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26         Section 1.  Section 43.291, Florida Statutes, is

27  created to read:

28         43.291  Judicial nominating commissions.--

29         (1)  On and after July 1, 2001, each judicial

30  nominating commission shall be composed of the following:

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    Florida Senate - 2001                           CS for SB 1470
    302-1642-01




  1         (a)  Three members appointed by the Board of Governors

  2  of The Florida Bar from among those members of The Florida Bar

  3  who are actively engaged in the practice of law with offices

  4  within the territorial jurisdiction of the affected court for

  5  terms of 4 years.

  6         (b)  Three electors who reside in the territorial

  7  jurisdiction of the affected court, appointed by the Governor,

  8  for terms of 4 years. The terms of these electors shall begin

  9  July 1 next following a gubernatorial election, except that

10  with respect to the initial appointments made under this

11  paragraph, the electors shall be appointed for terms extending

12  until June 30 next following a gubernatorial election.

13         (c)  Three electors who reside in the territorial

14  jurisdiction of the affected court and who are not members of

15  The Florida Bar, selected and appointed for a term of 4 years

16  by a majority vote of the members of the commission appointed

17  pursuant to paragraphs (a) and (b). The terms of these

18  electors shall begin August 1 next following a gubernatorial

19  election, except that with respect to the initial appointments

20  made under this paragraph, the electors shall be appointed for

21  terms extending until July 31 next following a gubernatorial

22  election.

23         (2)  A justice or judge may not be a member of a

24  judicial nominating commission. A member of a judicial

25  nominating commission may hold public office other than

26  judicial office. A member of a judicial nominating commission

27  is not eligible for appointment to any judicial office in the

28  state during such term of membership or for a period of 2

29  years thereafter. All acts of a judicial nominating commission

30  must be made with a concurrence of a majority of its members.

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    Florida Senate - 2001                           CS for SB 1470
    302-1642-01




  1         (3)  Except as otherwise provided in this section, a

  2  member of a judicial nominating commission shall serve a term

  3  of 4 years and is not eligible for consecutive reappointment.

  4  The term of office of any member of a judicial nominating

  5  commission appointed pursuant to s. 43.29 before the effective

  6  date of this act expires June 30, 2001. Any member of a

  7  judicial nominating commission who does not complete a 4-year

  8  term because of the enactment of this section may be

  9  reappointed to serve a new term. A member of a judicial

10  nominating commission may be suspended for cause by the

11  Governor pursuant to uniform rules of procedure established by

12  the Executive Office of the Governor, consistent with s. 7,

13  Art. IV of the State Constitution, and may thereafter be

14  removed by the Senate.

15         (4)  Each appointing authority must consider whether

16  the existing commission members, together with potential

17  appointees, reflect the racial, ethnic, and gender diversity,

18  as well as the geographic distribution, of the population

19  within the territorial jurisdiction of the court for which

20  they are making nominations. The appointing authorities for

21  the judicial nominating commission for each of the judicial

22  circuits shall also consider the adequacy of representation of

23  each county within the judicial circuit.

24         Section 2.  Paragraph (c) of subsection (1) of section

25  112.3145, Florida Statutes, is amended to read:

26         112.3145  Disclosure of financial interests and clients

27  represented before agencies.--

28         (1)  For purposes of this section, unless the context

29  otherwise requires, the term:

30         (c)  "State officer" means:

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    Florida Senate - 2001                           CS for SB 1470
    302-1642-01




  1         1.  Any elected public officer, excluding those elected

  2  to the United States Senate and House of Representatives, not

  3  covered elsewhere in this part and any person who is appointed

  4  to fill a vacancy for an unexpired term in such an elective

  5  office.

  6         2.  An appointed member of each board, commission,

  7  authority, or council having statewide jurisdiction, excluding

  8  a member of an advisory body.

  9         3.  A member of the Board of Regents, the Chancellor

10  and Vice Chancellors of the State University System, and the

11  president of a state university.

12         4.  A member of the judicial nominating commission for

13  any district court of appeal or any judicial circuit.

14         Section 3.  The sum of $25,000 is appropriated from the

15  General Revenue Fund to the Executive Office of the Governor

16  to provide travel costs for training to members of the

17  judicial nominating commissions.

18         Section 4.  Effective July 1, 2001, section 43.29,

19  Florida Statutes, is repealed.

20         Section 5.  This act shall take effect upon becoming a

21  law.

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23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                             SB 1470

25

26  Clarifies when the terms for the initial gubernatorial and
    majority vote appointments end. Adds that district and circuit
27  court commission members are subject to the financial
    disclosure requirements in s. 112.3145, F.S.
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