Florida Senate - 2017                                     SB 344
       
       
        
       By Senator Steube
       
       23-00408B-17                                           2017344__
    1                        A bill to be entitled                      
    2         An act relating to regional counsels; amending s.
    3         27.511, F.S.; clarifying the procedure for the
    4         nomination and appointment of regional counsels;
    5         specifying the number of candidates that must be
    6         nominated when a current regional counsel does not
    7         apply for reappointment; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (3) of section 27.511, Florida
   12  Statutes, is amended to read:
   13         27.511 Offices of criminal conflict and civil regional
   14  counsel; legislative intent; qualifications; appointment;
   15  duties.—
   16         (3)(a) For purposes of this subsection, the term
   17  “nominating commission” means the Florida Supreme Court Judicial
   18  Nominating Commission.
   19         (b) The Governor shall appoint each regional counsel to a
   20  4-year term, subject to confirmation by the Senate. In order to
   21  be eligible for appointment, a candidate must be, and must have
   22  been for the preceding 5 years, a member in good standing of The
   23  Florida Bar. The Governor shall select the initial appointees,
   24  who shall begin their 4-year terms on October 1, 2015, from a
   25  list of candidates recommended by the nominating commission. In
   26  making subsequent appointments as the terms of the members
   27  expire, the Governor shall select appointees from a list of
   28  candidates for each region submitted by the nominating
   29  commission must be, and must have been for the preceding 5
   30  years, a member in good standing of The Florida Bar. Each
   31  regional counsel shall be appointed by the Governor and is
   32  subject to confirmation by the Senate. If a current regional
   33  counsel submits an application for reappointment, the Supreme
   34  Court Judicial nominating commission shall recommend to the
   35  Governor, in addition to the current regional counsel, shall
   36  recommend to the Governor not fewer than two or more than five
   37  additional qualified candidates for appointment for that region
   38  to each of the five regional counsel positions. If a current
   39  regional counsel does not seek reappointment, the nominating
   40  commission shall recommend to the Governor not fewer than three
   41  or more than six qualified candidates for appointment for that
   42  region.
   43         (c) Notwithstanding paragraph (b), if the Governor finds
   44  that shall appoint the regional counsel for the five regions
   45  from among the recommendations, or, if it is in the best
   46  interest of the fair administration of justice, the Governor may
   47  reject the initial nominations made by the nominating commission
   48  for a region and request that the Supreme Court Judicial
   49  Nominating commission submit three new nominees for that region.
   50  The regional counsel shall be appointed to a term of 4 years,
   51  the term beginning on October 1, 2015. Vacancies shall be filled
   52  in the manner provided in paragraph (b).
   53         (d)(b) If for any reason a regional counsel is unable to
   54  complete a full term in office, the Governor may immediately
   55  appoint an interim regional counsel who meets the qualifications
   56  to be a regional counsel to serve as regional counsel for that
   57  district until a new regional counsel is appointed in the manner
   58  provided in paragraph (b) (a). The Florida Supreme Court
   59  Judicial nominating commission shall provide the Governor with a
   60  list of nominees for appointment within 6 months after the date
   61  of the vacancy. A temporary vacancy in office does not affect
   62  the validity of any matters or activities of the office of
   63  regional counsel.
   64         Section 2. This act shall take effect July 1, 2017.