Bill Text: FL S1030 | 2018 | Regular Session | Introduced

Florida Senate Bill 1030 (Prior Session Legislation)

Introduced

Bill Title: Judicial Nominating Commissions

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-03-10 - Died in Judiciary [S1030 Detail]

Download: Florida-2018-S1030-Introduced.html

       Florida Senate - 2018                                    SB 1030
       
       
        
       By Senator Bean
       
       
       
       
       
       4-01141-18                                            20181030__
    1                        A bill to be entitled                      
    2         An act relating to judicial nominating commissions;
    3         amending s. 43.291, F.S.; deleting a provision
    4         requiring that commission members who are members of
    5         The Florida Bar be engaged in the practice of law;
    6         requiring the President of the Senate and the Speaker
    7         of the House of Representatives to submit a certain
    8         number of nominees to the Governor; deleting a
    9         requirement that the Board of Governors of The Florida
   10         Bar submit to the Governor recommended nominees for
   11         commission membership; deleting a provision
   12         authorizing the Governor to reject all of the nominees
   13         of the Board of Governors of The Florida Bar;
   14         specifying the process for submitting nominations for
   15         appointees who previously were appointed by the Board
   16         of Governors of The Florida Bar; deleting obsolete
   17         provisions; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (a) of subsection (1) and subsection
   22  (3) of section 43.291, Florida Statutes, are amended to read:
   23         43.291 Judicial nominating commissions.—
   24         (1) Each judicial nominating commission shall be composed
   25  of the following members:
   26         (a) Four members of The Florida Bar, appointed by the
   27  Governor, who are engaged in the practice of law, each of whom
   28  is a resident of the territorial jurisdiction served by the
   29  commission to which the member is appointed. For each of these
   30  positions, the President of the Senate or the Speaker of the
   31  House of Representatives The Board of Governors of The Florida
   32  Bar shall submit to the Governor no fewer than three but no more
   33  than six recommended nominees pursuant to subsection (3) for
   34  each position. The Governor shall select the appointee from the
   35  list of nominees recommended for that position, but the Governor
   36  may reject all of the nominees recommended for a position and
   37  request that the Board of Governors submit a new list of three
   38  different recommended nominees for that position who have not
   39  been previously recommended by the Board of Governors.
   40         (3) Notwithstanding any other provision of this section,
   41  each current member of a judicial nominating commission
   42  appointed directly by the Board of Governors of The Florida Bar
   43  shall serve the remainder of his or her term, unless removed for
   44  cause. The terms of all other members of a judicial nominating
   45  commission are hereby terminated, and the Governor shall appoint
   46  new members to each judicial nominating commission in the
   47  following manner:
   48         (a) For nominations to the Supreme Court Judicial
   49  Nominating Commission, the President of the Senate shall submit
   50  nominations for the first and third positions that become vacant
   51  to fill positions that previously were held by Board of
   52  Governors of The Florida Bar nominees and the Speaker of the
   53  House of Representatives shall submit nominations for the second
   54  and fourth positions that become vacant.
   55         (b) For nominations to the other judicial nominating
   56  commissions:
   57         1. For each even-numbered district court or circuit court,
   58  the President of the Senate shall submit nominations for the
   59  first and third positions that become vacant to fill positions
   60  that previously were held by Board of Governor nominees and the
   61  Speaker of the House of Representatives shall submit nominations
   62  for the second and fourth positions that become vacant.
   63         2. For each odd-numbered district court or circuit court,
   64  the Speaker of the House of Representatives shall submit
   65  nominations for the first and third positions that become vacant
   66  to fill positions that previously were held by Board of Governor
   67  nominees, and the President of the Senate shall submit
   68  nominations for the second and fourth positions that become
   69  vacant.
   70         (a) Two appointments for terms ending July 1, 2002, one of
   71  which shall be an appointment selected from nominations
   72  submitted by the Board of Governors of The Florida Bar pursuant
   73  to paragraph (1)(a);
   74         (b) Two appointments for terms ending July 1, 2003; and
   75         (c) Two appointments for terms ending July 1, 2004.
   76  
   77  Every subsequent appointment, except an appointment to fill a
   78  vacant, unexpired term, shall be for 4 years. Each subsequent
   79  expired term or vacancy shall be filled by appointment in the
   80  same manner as the member whose position is being filled.
   81         Section 2. This act shall take effect July 1, 2018.