HB 7101

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  Section 43.291, Florida Statutes, is repealed.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

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