Senate Bill 2004c1

    Florida Senate - 2000                           CS for SB 2004

    By the Committee on Judiciary and Senator King





    308-2186-00

  1                      A bill to be entitled

  2         An act relating to district courts of appeal;

  3         amending s. 35.01, F.S.; specifying minimum

  4         membership of district courts of appeal;

  5         providing construction and application;

  6         providing criteria for selecting judges to fill

  7         vacancies; requesting district courts of appeal

  8         judicial nominating commissions to adopt

  9         uniform rules of procedure; providing an

10         effective date.

11

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

13

14         Section 1.  Section 35.01, Florida Statutes, is amended

15  to read:

16         35.01  District courts of appeal; districts.--Five

17  district courts of appeal are created, and the state is

18  divided into five appellate districts of contiguous circuits.

19  Each district court of appeal shall consist of at least one

20  judge from each judicial circuit within the district.

21         Section 2.  (1)  This act shall not affect the term of

22  any district court of appeal judge who is serving at the time

23  of the effective date of this act or any district court of

24  appeal judgeship which is vacant and awaiting filling by

25  appointment by the Governor at the time of the effective date

26  of this act. Any such judge may be reelected to as many

27  successive terms of office for which the judge may qualify.

28         (2)(a)  Upon the retirement, death, removal, or

29  expiration of term of office without reelection of a judge of

30  a district court of appeal, or upon the creation of an

31  additional judgeship on a district court of appeal, for an

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






    Florida Senate - 2000                           CS for SB 2004
    308-2186-00




  1  appellate district for which there is a judicial circuit from

  2  which there is no judge then serving, such vacancy shall be

  3  filled only by a qualified resident from the geographical area

  4  of such unrepresented judicial circuit.

  5         (b)  If at the time of any vacancy on a district court

  6  of appeal there is more than one judicial circuit which is

  7  unrepresented by a judge on such district court of appeal,

  8  such vacancy shall be filled by a qualified resident of the

  9  judicial circuit having the lowest judicial circuit

10  designation number.

11         Section 3.  In order to fully implement the provisions

12  of this act, and in recognition of the rulemaking authority

13  conferred on the district courts of appeal judicial nominating

14  commissions by Section 11 of Article V of the Florida

15  Constitution, the Legislature requests that these judicial

16  nominating commissions, by and through the Supreme Court of

17  Florida, adopt uniform rules of procedure effectuating the

18  provisions of this act.

19         Section 4.  This act shall take effect upon becoming a

20  law.

21

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                             SB 2004

24

25  The Judicial Nominating Commissions charged with making
    nominations for the District Courts of Appeal are requested to
26  adopt rules to implement the placement of judges on each
    district court of appeal from each circuit within the district
27  represented by the court.

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