HB 1849

1	A bill to be entitled
2	An act relating to judicial matters; amending s. 26.031,
3	F.S.; increasing the number of judges in specified
4	judicial circuits; amending s. 34.022, F.S.; increasing
5	the number of county court judges in specified counties;
6	amending ss. 35.01, 35.03, 35.042, and 35.043, F.S.;
7	revising the composition of the district courts of appeal;
8	revising the judicial circuit composition of the appellate
9	districts; creating s. 35.044, F.S.; creating the Sixth
10	Appellate District; specifying the judicial circuit
11	composition of the district; amending s. 35.05, F.S.;
12	revising the organization of the headquarters of the
13	appellate districts; amending s. 35.06, F.S.; specifying
14	the judicial organization of the Sixth Appellate District;
15	specifying governance of the sixth district by case law as
16	established by rule of the Supreme Court; specifying the
17	effective date of newly created seats for judges; amending
18	s. 43.291, F.S.; revising organization and membership of
19	judicial nominating commissions to conform; providing for
20	appointment of new judges by the Governor; requiring the
21	Governor to make appointments in compliance with the State
22	Constitution; providing that the provisions of the act are
23	not severable; providing effective dates.
24
25	WHEREAS, since 1972, the Florida Constitution has directed
26	the Florida Supreme Court to adopt rules establishing uniform
27	criteria for determining the necessity of increasing,
28	decreasing, or redefining appellate districts and judicial
29	circuits, and
30	WHEREAS, the court has failed to establish any criteria for
31	such a determination, and
32	WHEREAS, even though the court has neglected to adopt a
33	rule on the issue, the Court's Judicial Management Council
34	issued a report in December of 1998 by the Committee to Study
35	the Need for Additional District Courts of Appeal that addresses
36	criteria for determining the need for creating new district
37	courts of appeal, and
38	WHEREAS, the committee report recommends, among other
39	criteria, that the district courts be limited to 10 judges, with
40	room for growth to 12 judges in order to optimize collegiality
41	and therefore more consistent opinions and less conflict in law,
42	and
43	WHEREAS, the court's current certification order, if it is
44	adopted, would result in three of the five judicial districts
45	having more than 12 judges, and
46	WHEREAS, the failure of the court to establish a rule
47	establishing criteria for determining the necessity of
48	increasing, decreasing, or redefining appellate districts has
49	constrained the Florida Legislature from exercising its
50	authority under Section 9 of Article V of the Florida
51	Constitution because the Legislature is unable to determine
52	whether the Supreme Court has failed "to make findings as
53	provided . . . when need exists," and
54	WHEREAS, the failure of the court to establish the criteria
55	for the Legislature to apply in order to determine whether a new
56	district court should be created should not operate to prevent
57	the Legislature from exercising its authority, NOW, THEREFORE,
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  Effective January 4, 2005, subsections (11),
62	(13), (14), (17), (19), and (20) of section 26.031, Florida
63	Statutes, are amended to read:
64	26.031  Judicial circuits; number of judges.--The number of
65	circuit judges in each circuit shall be as follows:
66
67	JUDICIAL CIRCUIT                                     TOTAL
68	(11)  Eleventh          77
69	74
70	(13)  Thirteenth          40
71	37
72	(14)  Fourteenth          10 9
73	(17)  Seventeenth          55
74	53
75	(19)  Nineteenth          18
76	15
77	(20)  Twentieth          25
78	23
79	Section 2.  Effective April 1, 2005, subsections (1), (3),
80	(4), (5), (6), (7), (8), (9), (10), and (15) of section 26.031,
81	Florida Statutes, are amended to read:
82	26.031  Judicial circuits; number of judges.--The number of
83	circuit judges in each circuit shall be as follows:
84
85	JUDICIAL CIRCUIT                                     TOTAL
86	(1)  First          22
87	21
88	(3)  Third          7 6
89	(4)  Fourth          32
90	31
91	(5)  Fifth          28
92	25
93	(6)  Sixth          43
94	41
95	(7)  Seventh          25
96	24
97	(8)  Eighth          13
98	12
99	(9)  Ninth          41
100	38
101	(10)  Tenth          23
102	22
103	(15)  Fifteenth          35
104	34
105	Section 3.  Effective January 4, 2005, subsections (3),
106	(5), (6), (11), (28), (42), (43), and (56) of section 34.022,
107	Florida Statutes, are amended to read:
108	34.022  Number of county court judges for each county.--The
109	number of county court judges in each county shall be as
110	follows:
111
112	COUNTY                                               TOTAL
113	(3)  Bay            4
114	3
115	(5)  Brevard            9
116	8
117	(6)  Broward          27
118	26
119	(11)  Collier            4
120	3
121	(28)  Hillsborough          17
122	15
123	(42)  Martin            3
124	2
125	(43)  Miami-Dade          42
126	41
127	(56)  St. Lucie            4
128	3
129	Section 4.  Effective April 1, 2005, subsections (12),
130	(15), (41), (48), (50), (51), (52), and (64) of section 34.022,
131	Florida Statutes, are amended to read:
132	34.022  Number of county court judges for each county.--The
133	number of county court judges in each county shall be as
134	follows:
135
136	COUNTY                                               TOTAL
137	(12)  Columbia            2
138	1
139	(15)  Duval          16
140	15
141	(41)  Marion            4
142	3
143	(48)  Orange          16
144	15
145	(50)  Palm Beach          19
146	17
147	(51)  Pasco            5
148	4
149	(52)  Pinellas          15
150	14
151	(64)  Volusia           10
152	9
153	Section 5.  Section 35.01, Florida Statutes, is amended to
154	read:
155	35.01  District courts of appeal; districts.--Six Five
156	district courts of appeal are created, and the state is divided
157	into six five appellate districts of contiguous circuits.
158	Section 6.  Section 35.03, Florida Statutes, is amended to
159	read:
160	35.03  Second Appellate District.--The Second Appellate
161	District is composed of the Fifth, Sixth, and Tenth, Twelfth,
162	Thirteenth, and Twentieth Judicial Circuits.
163	Section 7.  Section 35.042, Florida Statutes, is amended to
164	read:
165	35.042  Fourth Appellate District.--The Fourth Appellate
166	District is composed of the Fifteenth and, Seventeenth, and
167	Nineteenth Judicial Circuits.
168	Section 8.  Section 35.043, Florida Statutes, is amended to
169	read:
170	35.043  Fifth Appellate District.--The Fifth Appellate
171	District is composed of the Fifth, Seventh, Ninth, and
172	Eighteenth, and Nineteenth Judicial Circuits.
173	Section 9.  Section 35.044, Florida Statutes, is created to
174	read:
175	35.044  Sixth Appellate District.--The Sixth Appellate
176	District is composed of the Tenth, Twelfth, and Twentieth
177	Judicial Circuits.
178	Section 10.  Subsection (1) of section 35.05, Florida
179	Statutes, is amended to read:
180	35.05  Headquarters.--
181	(1)  The headquarters of the First Appellate District shall
182	be in the Second Judicial Circuit, Tallahassee, Leon County; of
183	the Second Appellate District in the Thirteenth Tenth Judicial
184	Circuit, Hillsborough Lakeland, Polk County; of the Third
185	Appellate District in the Eleventh Judicial Circuit, Dade
186	County; of the Fourth Appellate District in the Fifteenth
187	Judicial Circuit, Palm Beach County; of and the Fifth Appellate
188	District in the Seventh Judicial Circuit, Daytona Beach, Volusia
189	County; and of the Sixth Appellate District in the Tenth
190	Judicial Circuit, Lakeland, Polk County.
191	Section 11.  Effective January 4, 2005, section 35.06,
192	Florida Statutes, is amended to read:
193	35.06  Organization of district courts of appeal.--A
194	district court of appeal shall be organized in each of the six
195	five appellate districts to be named District Court of Appeal,
196	_____ District. The number of judges of each district court of
197	appeal shall be as follows:
198	(1)  In the first district there shall be 15 judges.
199	(2)  In the second district there shall be 11 14 judges.
200	(3)  In the third district there shall be 11 judges.
201	(4)  In the fourth district there shall be 11 12 judges.
202	(5)  In the fifth district there shall be 11 10 judges.
203	(6)  In the sixth district there shall be 7 judges.
204	Section 12.  The newly created sixth district shall be
205	controlled by case law as established in rule of the Supreme
206	Court.
207	Section 13.  Subsection (8) is added to section 43.291,
208	Florida Statutes, to read:
209	43.291  Judicial nominating commissions.--
210	(8)  The following procedures shall apply in order to
211	effectuate the changes in judicial nominating commissions
212	necessitated by the creation of the Sixth District Court of
213	Appeal:
214	(a)  Each current member of the second, fourth, and fifth
215	district judicial nominating commissions shall continue to serve
216	the same term of office but the member's seat is transferred to
217	the nominating commission for the district in which he or she
218	resides. Therefore, the officers holding seats 1, 4, 7, and 9 on
219	the Second Appellate District Judicial Nominating Commission are
220	transferred to the Sixth Appellate District Judicial Nominating
221	Commission. The officer holding seat 9 on the Fourth Appellate
222	District Judicial Nominating Commission is transferred to the
223	Fifth Appellate District Judicial Nominating Commission. The
224	officer holding seat 4 on the Fifth Appellate District Judicial
225	Nominating Commission is transferred to the Second Appellate
226	District Judicial Nominating Commission.
227	(b)  Each expired term or vacancy shall be filled by
228	appointment in the same manner as the vacancy of the member
229	whose position is being filled.
230	Section 14.  Judges filling new offices created by this act
231	shall be appointed by the Governor. In order to implement the
232	requirements of s. 3(a), Art. V of the State Constitution that
233	each appellate district must have at least one justice appointed
234	who is a resident of the district at the time of appointment,
235	the Governor shall make appointments so as to bring the court
236	into compliance with the State Constitution at the earliest
237	opportunity.
238	Section 15.  If any of the provisions of sections 5 through
239	13 of this act are held to be invalid or inoperative for any
240	reason, the remaining provisions of this act shall be deemed to
241	be void and of no effect, it being the legislative intent that
242	this act as a whole would not have been adopted had the
243	provisions of sections 5 through 13 not been included.
244	Section 16.  Except as otherwise provided herein, this act
245	shall take effect July 1, 2004.

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