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    6         appointee whose appointment is rescinded by the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.