Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for HB 7027
       
       
       
       
       
       
                                Ì448776\Î448776                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/R/2R          .                                
             03/14/2022 12:55 PM       .                                
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       Senator Perry moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective January 1, 2023, section 35.01,
    6  Florida Statutes, is amended to read:
    7         35.01 District courts of appeal; districts.—Six Five
    8  district courts of appeal are created, and the state is divided
    9  into six five appellate districts of contiguous circuits.
   10         Section 2. Effective January 1, 2023, section 35.02,
   11  Florida Statutes, is amended to read:
   12         35.02 First Appellate District.—The First Appellate
   13  District is composed of the First, Second, Third, Fourth,
   14  Eighth, and Fourteenth Judicial Circuits.
   15         Section 3. Effective January 1, 2023, section 35.03,
   16  Florida Statutes, is amended to read:
   17         35.03 Second Appellate District.—The Second Appellate
   18  District is composed of the Sixth, Tenth, Twelfth, and
   19  Thirteenth, and Twentieth Judicial Circuits.
   20         Section 4. Effective January 1, 2023, section 35.043,
   21  Florida Statutes, is amended to read:
   22         35.043 Fifth Appellate District.—The Fifth Appellate
   23  District is composed of the Fourth, Fifth, Seventh, Ninth, and
   24  Eighteenth Judicial Circuits.
   25         Section 5. Effective January 1, 2023, section 35.044,
   26  Florida Statutes, is created to read:
   27         35.044 Sixth Appellate District.—The Sixth Appellate
   28  District is composed of the Ninth, Tenth, and Twentieth Judicial
   29  Circuits.
   30         Section 6. Effective January 1, 2023, subsection (1) of
   31  section 35.05, Florida Statutes, is amended to read:
   32         35.05 Headquarters.—
   33         (1) The headquarters of the First Appellate District shall
   34  be in the Second Judicial Circuit, Tallahassee, Leon County; of
   35  the Second Appellate District in the Sixth Tenth Judicial
   36  Circuit, Pinellas Lakeland, Polk County; of the Third Appellate
   37  District in the Eleventh Judicial Circuit, Miami-Dade County; of
   38  the Fourth Appellate District in the Fifteenth Judicial Circuit,
   39  Palm Beach County; of and the Fifth Appellate District in the
   40  Seventh Judicial Circuit, Daytona Beach, Volusia County; and of
   41  the Sixth Appellate District in the Tenth Judicial Circuit,
   42  Lakeland, Polk County. Although each district must have a
   43  headquarters as set forth in this subsection, the Legislature
   44  intends for policies and practices to be implemented to
   45  encourage top applicants for judicial vacancies from throughout
   46  each entire district and to provide opportunities for remote
   47  workplaces for judges and staff who may not live near the
   48  headquarters of the district. Further, it is the intent of the
   49  Legislature to ensure that the district courts operate as
   50  efficiently as possible through the use of leading technologies
   51  and by adopting policies and practices that encourage innovation
   52  and workforce flexibility.
   53         Section 7. Effective January 1, 2023, section 35.06,
   54  Florida Statutes, is amended to read:
   55         35.06 Organization of district courts of appeal.—A district
   56  court of appeal shall be organized in each of the six five
   57  appellate districts to be named District Court of Appeal, ....
   58  District. The number of judges of each district court of appeal
   59  shall be as follows:
   60         (1) In the first district there shall be 13 15 judges.
   61         (2) In the second district there shall be 12 16 judges.
   62         (3) In the third district there shall be 10 judges.
   63         (4) In the fourth district there shall be 12 judges.
   64         (5) In the fifth district there shall be 12 11 judges.
   65         (6)In the sixth district there shall be 12 judges.
   66         Section 8. Effective January 1, 2023, subsection (4) of
   67  section 27.51, Florida Statutes, is amended to read:
   68         27.51 Duties of public defender.—
   69         (4) The public defender for the judicial circuit specified
   70  in this subsection shall, after the record on appeal is
   71  transmitted to the appellate court by the office of the public
   72  defender which handled the trial and if requested by any public
   73  defender within the indicated appellate district, handle all
   74  circuit court and county court appeals within the state courts
   75  system and any authorized appeals to the federal courts required
   76  of the official making such request:
   77         (a) Public defender of the second judicial circuit, on
   78  behalf of any public defender within the district comprising the
   79  First District Court of Appeal.
   80         (b) Public defender of the sixth tenth judicial circuit, on
   81  behalf of any public defender within the district comprising the
   82  Second District Court of Appeal.
   83         (c) Public defender of the eleventh judicial circuit, on
   84  behalf of any public defender within the district comprising the
   85  Third District Court of Appeal.
   86         (d) Public defender of the fifteenth judicial circuit, on
   87  behalf of any public defender within the district comprising the
   88  Fourth District Court of Appeal.
   89         (e) Public defender of the seventh judicial circuit, on
   90  behalf of any public defender within the district comprising the
   91  Fifth District Court of Appeal.
   92         (f)Public defender of the tenth judicial circuit, on
   93  behalf of any public defender within the district comprising the
   94  Sixth District Court of Appeal.
   95         Section 9. Effective January 1, 2023, subsection (1) and
   96  paragraph (a) of subsection (3) of section 27.511, Florida
   97  Statutes, are amended to read:
   98         27.511 Offices of criminal conflict and civil regional
   99  counsel; legislative intent; qualifications; appointment;
  100  duties.—
  101         (1) It is the intent of the Legislature to provide adequate
  102  representation to persons entitled to court-appointed counsel
  103  under the Federal or State Constitution or as authorized by
  104  general law. It is the further intent of the Legislature to
  105  provide adequate representation in a fiscally sound manner,
  106  while safeguarding constitutional principles. Therefore, an
  107  office of criminal conflict and civil regional counsel is
  108  created within the geographic boundaries of each of the six five
  109  district courts of appeal. The regional counsel shall be
  110  appointed as set forth in subsection (3) for each of the six
  111  five regional offices.
  112         (3)(a) Each regional counsel must be, and must have been
  113  for the preceding 5 years, a member in good standing of The
  114  Florida Bar. Each regional counsel shall be appointed by the
  115  Governor and is subject to confirmation by the Senate. The
  116  Supreme Court Judicial Nominating Commission, in addition to the
  117  current regional counsel, shall recommend to the Governor not
  118  fewer than two or more than six five additional qualified
  119  candidates for appointment to each of the six five regional
  120  counsel positions. The Governor shall appoint the regional
  121  counsel for the six five regions from among the recommendations,
  122  or, if it is in the best interest of the fair administration of
  123  justice, the Governor may reject the nominations and request
  124  that the Supreme Court Judicial Nominating Commission submit
  125  three new nominees. The regional counsel shall be appointed to a
  126  term of 4 years, the term beginning on October 1, 2015.
  127  Vacancies shall be filled in the manner provided in paragraph
  128  (b).
  129         Section 10. Effective January 1, 2023, subsection (4) of
  130  section 27.53, Florida Statutes, is amended to read:
  131         27.53 Appointment of assistants and other staff; method of
  132  payment.—
  133         (4) The six five criminal conflict and civil regional
  134  counsel may employ and establish, in the numbers authorized by
  135  the General Appropriations Act, assistant regional counsel and
  136  other staff and personnel in each judicial district pursuant to
  137  s. 29.006, who shall be paid from funds appropriated for that
  138  purpose. Notwithstanding s. 790.01, s. 790.02, or s.
  139  790.25(2)(a), an investigator employed by an office of criminal
  140  conflict and civil regional counsel, while actually carrying out
  141  official duties, is authorized to carry concealed weapons if the
  142  investigator complies with s. 790.25(3)(o). However, such
  143  investigators are not eligible for membership in the Special
  144  Risk Class of the Florida Retirement System. The six five
  145  regional counsel shall jointly develop recommended modifications
  146  to the classification plan and the salary and benefits plan for
  147  the Justice Administrative Commission. The recommendations shall
  148  be submitted to the commission, the office of the President of
  149  the Senate, and the office of the Speaker of the House of
  150  Representatives before January 1 of each year. Such
  151  recommendations shall be developed in accordance with policies
  152  and procedures of the Executive Office of the Governor
  153  established in s. 216.181. Each assistant regional counsel
  154  appointed by the regional counsel under this section shall serve
  155  at the pleasure of the regional counsel. Each investigator
  156  employed by the regional counsel shall have full authority to
  157  serve any witness subpoena or court order issued by any court or
  158  judge in a criminal case in which the regional counsel has been
  159  appointed to represent the accused.
  160         Section 11. Effective January 1, 2023, subsection (1) of
  161  section 29.001, Florida Statutes, is amended to read:
  162         29.001 State courts system elements and definitions.—
  163         (1) For the purpose of implementing s. 14, Art. V of the
  164  State Constitution, the state courts system is defined to
  165  include the enumerated elements of the Supreme Court, district
  166  courts of appeal, circuit courts, county courts, and certain
  167  supports thereto. The offices of public defenders and state
  168  attorneys are defined to include the enumerated elements of the
  169  20 state attorneys’ offices and the enumerated elements of the
  170  20 public defenders’ offices and six five offices of criminal
  171  conflict and civil regional counsel. Court-appointed counsel are
  172  defined to include the enumerated elements for counsel appointed
  173  to ensure due process in criminal and civil proceedings in
  174  accordance with state and federal constitutional guarantees.
  175  Funding for the state courts system, the state attorneys’
  176  offices, the public defenders’ offices, the offices of criminal
  177  conflict and civil regional counsel, and other court-appointed
  178  counsel shall be provided from state revenues appropriated by
  179  general law.
  180         Section 12. Effective January 1, 2023, paragraph (b) of
  181  subsection (2) of section 440.45, Florida Statutes, is amended
  182  to read:
  183         440.45 Office of the Judges of Compensation Claims.—
  184         (2)
  185         (b) Except as provided in paragraph (c), the Governor shall
  186  appoint a judge of compensation claims from a list of three
  187  persons nominated by a statewide nominating commission. The
  188  statewide nominating commission shall be composed of the
  189  following:
  190         1. Six Five members, at least one of whom must be a member
  191  of a minority group as defined in s. 288.703, one of each who
  192  resides in each of the territorial jurisdictions of the district
  193  courts of appeal, appointed by the Board of Governors of The
  194  Florida Bar from among The Florida Bar members who are engaged
  195  in the practice of law. The Board of Governors shall appoint
  196  members who reside in the odd-numbered district court of appeal
  197  jurisdictions to 4-year terms each, beginning July 1, 1999, and
  198  members who reside in the even-numbered district court of appeal
  199  jurisdictions to 2-year terms each, beginning July 1, 1999.
  200  Thereafter, Each member shall be appointed for a 4-year term;
  201         2. Six Five electors, at least one of whom must be a member
  202  of a minority group as defined in s. 288.703, one of each who
  203  resides in each of the territorial jurisdictions of the district
  204  courts of appeal, appointed by the Governor. The Governor shall
  205  appoint members who reside in the odd-numbered district court of
  206  appeal jurisdictions to 2-year terms each, beginning July 1,
  207  1999, and members who reside in the even-numbered district court
  208  of appeal jurisdictions to 4-year terms each, beginning July 1,
  209  1999. Thereafter, Each member shall be appointed for a 4-year
  210  term; and
  211         3. Six Five electors, at least one of whom must be a member
  212  of a minority group as defined in s. 288.703, one of each who
  213  resides in the territorial jurisdictions of the district courts
  214  of appeal, selected and appointed by a majority vote of the
  215  other 10 members of the commission. A majority of the other
  216  members of the commission shall appoint members who reside in
  217  the odd-numbered district court of appeal jurisdictions to 2
  218  year terms each, beginning October 1, 1999, and members who
  219  reside in the even-numbered district court of appeal
  220  jurisdictions to 4-year terms each, beginning October 1, 1999.
  221  Thereafter, Each member shall be appointed for a 4-year term.
  222  
  223  A vacancy occurring on the commission shall be filled by the
  224  original appointing authority for the unexpired balance of the
  225  term. An No attorney who appears before any judge of
  226  compensation claims more than four times a year is not eligible
  227  to serve on the statewide nominating commission. The meetings
  228  and determinations of the nominating commission as to the judges
  229  of compensation claims shall be open to the public.
  230         Section 13. Effective January 1, 2023, for the purpose of
  231  incorporating the amendment made by this act to section 35.05,
  232  Florida Statutes, in a reference thereto, subsection (1) of
  233  section 29.008, Florida Statutes, is reenacted to read:
  234         29.008 County funding of court-related functions.—
  235         (1) Counties are required by s. 14, Art. V of the State
  236  Constitution to fund the cost of communications services,
  237  existing radio systems, existing multiagency criminal justice
  238  information systems, and the cost of construction or lease,
  239  maintenance, utilities, and security of facilities for the
  240  circuit and county courts, public defenders’ offices, state
  241  attorneys’ offices, guardian ad litem offices, and the offices
  242  of the clerks of the circuit and county courts performing court
  243  related functions. For purposes of this section, the term
  244  “circuit and county courts” includes the offices and staffing of
  245  the guardian ad litem programs, and the term “public defenders’
  246  offices” includes the offices of criminal conflict and civil
  247  regional counsel. The county designated under s. 35.05(1) as the
  248  headquarters for each appellate district shall fund these costs
  249  for the appellate division of the public defender’s office in
  250  that county. For purposes of implementing these requirements,
  251  the term:
  252         (a) “Facility” means reasonable and necessary buildings and
  253  office space and appurtenant equipment and furnishings,
  254  structures, real estate, easements, and related interests in
  255  real estate, including, but not limited to, those for the
  256  purpose of housing legal materials for use by the general public
  257  and personnel, equipment, or functions of the circuit or county
  258  courts, public defenders’ offices, state attorneys’ offices, and
  259  court-related functions of the office of the clerks of the
  260  circuit and county courts and all storage. The term “facility”
  261  includes all wiring necessary for court reporting services. The
  262  term also includes access to parking for such facilities in
  263  connection with such court-related functions that may be
  264  available free or from a private provider or a local government
  265  for a fee. The office space provided by a county may not be less
  266  than the standards for space allotment adopted by the Department
  267  of Management Services, except this requirement applies only to
  268  facilities that are leased, or on which construction commences,
  269  after June 30, 2003. County funding must include physical
  270  modifications and improvements to all facilities as are required
  271  for compliance with the Americans with Disabilities Act. Upon
  272  mutual agreement of a county and the affected entity in this
  273  paragraph, the office space provided by the county may vary from
  274  the standards for space allotment adopted by the Department of
  275  Management Services.
  276         1. As of July 1, 2005, equipment and furnishings shall be
  277  limited to that appropriate and customary for courtrooms,
  278  hearing rooms, jury facilities, and other public areas in
  279  courthouses and any other facility occupied by the courts, state
  280  attorneys, public defenders, guardians ad litem, and criminal
  281  conflict and civil regional counsel. Court reporting equipment
  282  in these areas or facilities is not a responsibility of the
  283  county.
  284         2. Equipment and furnishings under this paragraph in
  285  existence and owned by counties on July 1, 2005, except for that
  286  in the possession of the clerks, for areas other than
  287  courtrooms, hearing rooms, jury facilities, and other public
  288  areas in courthouses and any other facility occupied by the
  289  courts, state attorneys, and public defenders, shall be
  290  transferred to the state at no charge. This provision does not
  291  apply to any communications services as defined in paragraph
  292  (f).
  293         (b) “Construction or lease” includes, but is not limited
  294  to, all reasonable and necessary costs of the acquisition or
  295  lease of facilities for all judicial officers, staff, jurors,
  296  volunteers of a tenant agency, and the public for the circuit
  297  and county courts, the public defenders’ offices, state
  298  attorneys’ offices, and for performing the court-related
  299  functions of the offices of the clerks of the circuit and county
  300  courts. This includes expenses related to financing such
  301  facilities and the existing and future cost and bonded
  302  indebtedness associated with placing the facilities in use.
  303         (c) “Maintenance” includes, but is not limited to, all
  304  reasonable and necessary costs of custodial and groundskeeping
  305  services and renovation and reconstruction as needed to
  306  accommodate functions for the circuit and county courts, the
  307  public defenders’ offices, and state attorneys’ offices and for
  308  performing the court-related functions of the offices of the
  309  clerks of the circuit and county court and for maintaining the
  310  facilities in a condition appropriate and safe for the use
  311  intended.
  312         (d) “Utilities” means all electricity services for light,
  313  heat, and power; natural or manufactured gas services for light,
  314  heat, and power; water and wastewater services and systems,
  315  stormwater or runoff services and systems, sewer services and
  316  systems, all costs or fees associated with these services and
  317  systems, and any costs or fees associated with the mitigation of
  318  environmental impacts directly related to the facility.
  319         (e) “Security” includes but is not limited to, all
  320  reasonable and necessary costs of services of law enforcement
  321  officers or licensed security guards and all electronic,
  322  cellular, or digital monitoring and screening devices necessary
  323  to ensure the safety and security of all persons visiting or
  324  working in a facility; to provide for security of the facility,
  325  including protection of property owned by the county or the
  326  state; and for security of prisoners brought to any facility.
  327  This includes bailiffs while providing courtroom and other
  328  security for each judge and other quasi-judicial officers.
  329         (f) “Communications services” are defined as any reasonable
  330  and necessary transmission, emission, and reception of signs,
  331  signals, writings, images, and sounds of intelligence of any
  332  nature by wire, radio, optical, audio equipment, or other
  333  electromagnetic systems and includes all facilities and
  334  equipment owned, leased, or used by judges, clerks, public
  335  defenders, state attorneys, guardians ad litem, criminal
  336  conflict and civil regional counsel, and all staff of the state
  337  courts system, state attorneys’ offices, public defenders’
  338  offices, and clerks of the circuit and county courts performing
  339  court-related functions. Such system or services shall include,
  340  but not be limited to:
  341         1. Telephone system infrastructure, including computer
  342  lines, telephone switching equipment, and maintenance, and
  343  facsimile equipment, wireless communications, cellular
  344  telephones, pagers, and video teleconferencing equipment and
  345  line charges. Each county shall continue to provide access to a
  346  local carrier for local and long distance service and shall pay
  347  toll charges for local and long distance service.
  348         2. All computer networks, systems and equipment, including
  349  computer hardware and software, modems, printers, wiring,
  350  network connections, maintenance, support staff or services
  351  including any county-funded support staff located in the offices
  352  of the circuit court, county courts, state attorneys, public
  353  defenders, guardians ad litem, and criminal conflict and civil
  354  regional counsel; training, supplies, and line charges necessary
  355  for an integrated computer system to support the operations and
  356  management of the state courts system, the offices of the public
  357  defenders, the offices of the state attorneys, the guardian ad
  358  litem offices, the offices of criminal conflict and civil
  359  regional counsel, and the offices of the clerks of the circuit
  360  and county courts; and the capability to connect those entities
  361  and reporting data to the state as required for the transmission
  362  of revenue, performance accountability, case management, data
  363  collection, budgeting, and auditing purposes. The integrated
  364  computer system shall be operational by July 1, 2006, and, at a
  365  minimum, permit the exchange of financial, performance
  366  accountability, case management, case disposition, and other
  367  data across multiple state and county information systems
  368  involving multiple users at both the state level and within each
  369  judicial circuit and be able to electronically exchange judicial
  370  case background data, sentencing scoresheets, and video evidence
  371  information stored in integrated case management systems over
  372  secure networks. Once the integrated system becomes operational,
  373  counties may reject requests to purchase communications services
  374  included in this subparagraph not in compliance with standards,
  375  protocols, or processes adopted by the board established
  376  pursuant to former s. 29.0086.
  377         3. Courier messenger and subpoena services.
  378         4. Auxiliary aids and services for qualified individuals
  379  with a disability which are necessary to ensure access to the
  380  courts. Such auxiliary aids and services include, but are not
  381  limited to, sign language interpretation services required under
  382  the federal Americans with Disabilities Act other than services
  383  required to satisfy due-process requirements and identified as a
  384  state funding responsibility pursuant to ss. 29.004, 29.005,
  385  29.006, and 29.007, real-time transcription services for
  386  individuals who are hearing impaired, and assistive listening
  387  devices and the equipment necessary to implement such
  388  accommodations.
  389         (g) “Existing radio systems” includes, but is not limited
  390  to, law enforcement radio systems that are used by the circuit
  391  and county courts, the offices of the public defenders, the
  392  offices of the state attorneys, and for court-related functions
  393  of the offices of the clerks of the circuit and county courts.
  394  This includes radio systems that were operational or under
  395  contract at the time Revision No. 7, 1998, to Art. V of the
  396  State Constitution was adopted and any enhancements made
  397  thereafter, the maintenance of those systems, and the personnel
  398  and supplies necessary for operation.
  399         (h) “Existing multiagency criminal justice information
  400  systems” includes, but is not limited to, those components of
  401  the multiagency criminal justice information system as defined
  402  in s. 943.045, supporting the offices of the circuit or county
  403  courts, the public defenders’ offices, the state attorneys’
  404  offices, or those portions of the offices of the clerks of the
  405  circuit and county courts performing court-related functions
  406  that are used to carry out the court-related activities of those
  407  entities. This includes upgrades and maintenance of the current
  408  equipment, maintenance and upgrades of supporting technology
  409  infrastructure and associated staff, and services and expenses
  410  to assure continued information sharing and reporting of
  411  information to the state. The counties shall also provide
  412  additional information technology services, hardware, and
  413  software as needed for new judges and staff of the state courts
  414  system, state attorneys’ offices, public defenders’ offices,
  415  guardian ad litem offices, and the offices of the clerks of the
  416  circuit and county courts performing court-related functions.
  417         Section 14. Effective January 1, 2023, for the purpose of
  418  incorporating the amendment made by this act to section 35.05,
  419  Florida Statutes, in a reference thereto, subsection (1) of
  420  section 35.051, Florida Statutes, is reenacted to read:
  421         35.051 Subsistence and travel reimbursement for judges with
  422  alternate headquarters.—
  423         (1)(a) A district court of appeal judge is eligible for the
  424  designation of a county courthouse or another appropriate
  425  facility in his or her county of residence as his or her
  426  official headquarters for purposes of s. 112.061 if the judge
  427  permanently resides more than 50 miles from:
  428         1. The appellate district’s headquarters as prescribed
  429  under s. 35.05(1), if the judge is assigned to such
  430  headquarters; or
  431         2. The appellate district’s branch headquarters established
  432  under s. 35.05(2), if the judge is assigned to such branch
  433  headquarters.
  434  
  435  The official headquarters may serve only as the judge’s private
  436  chambers.
  437         (b)1. A district court of appeal judge for whom an official
  438  headquarters is designated in his or her county of residence
  439  under this subsection is eligible for subsistence at a rate to
  440  be established by the Chief Justice for each day or partial day
  441  that the judge is at the headquarters or branch headquarters of
  442  his or her appellate district to conduct court business, as
  443  authorized by the chief judge of that district court of appeal.
  444  The Chief Justice may authorize a judge to choose between
  445  subsistence based on lodging at a single-occupancy rate and meal
  446  reimbursement as provided in s. 112.061 and subsistence at a
  447  fixed rate prescribed by the Chief Justice.
  448         2. In addition to subsistence, a district court of appeal
  449  judge is eligible for reimbursement for travel expenses as
  450  provided in s. 112.061(7) and (8) for travel between the judge’s
  451  official headquarters and the headquarters or branch
  452  headquarters of the appellate district to conduct court
  453  business.
  454         (c) Payment of subsistence and reimbursement for travel
  455  expenses between the judge’s official headquarters and the
  456  headquarters or branch headquarters of his or her appellate
  457  district shall be made to the extent that appropriated funds are
  458  available, as determined by the Chief Justice.
  459         Section 15. All property, including equipment, furnishings,
  460  and fixtures, located at the Lakeland headquarters of the
  461  current Second District Court of Appeal or being used by
  462  employees assigned to the Lakeland headquarters must remain in
  463  Lakeland and must be transferred to the Sixth District Court of
  464  Appeal unless the Office of the State Courts Administrator
  465  determines that such property is critical to the continuing
  466  operations of the Second District Court of Appeal.
  467         Section 16. Notwithstanding any provision to the contrary
  468  in chapter 35, Florida Statutes, the Chief Justice of the
  469  Supreme Court may authorize a pilot program under which the
  470  Fifth and Sixth District Courts of Appeal are authorized to
  471  implement innovative practices, incorporate leading
  472  technologies, and provide for remote court proceedings from
  473  their alternate headquarters, as authorized in s. 35.051,
  474  Florida Statutes, provided that both the constitutional rights
  475  of crime victims and criminal defendants and the public’s
  476  constitutional right of access to the courts are maintained. The
  477  pilot program expires June 30, 2025, unless otherwise provided
  478  by law. The Supreme Court shall provide a report to the
  479  Governor, the President of the Senate, and the Speaker of the
  480  House of Representatives which includes recommendations for
  481  incorporating such practices and technology in each district.
  482         Section 17. Judicial appointments and commissions.—
  483         (1) In order to effectuate a transition that provides for
  484  uniform representation based upon the expected caseloads for
  485  each district, while recognizing that the current judges’
  486  residences will not necessarily correlate with the new
  487  district’s geographical boundaries, a period of transition must
  488  be recognized. During the period from the effective date of this
  489  act until December 31, 2027, it is the intent of the
  490  Legislature, for purposes of the residency requirements of s. 8,
  491  Article V of the State Constitution and s. 35.06, Florida
  492  Statutes, that the territorial jurisdiction of each district
  493  court which has been realigned shall include any contiguous
  494  district court which was also realigned. The number of judges
  495  authorized in s. 35.06, Florida Statutes, for each district
  496  court of appeal must be filled in the following manner:
  497         (a)Vacancies created by this realignment must first be
  498  filled by those judges presently residing in the new district
  499  whose residency has not changed since their original
  500  appointment.
  501         (b)If there is an insufficient number of judges pursuant
  502  to paragraph (a), vacancies created by the realignment must be
  503  filled by those judges who resided in the new district at the
  504  time of their original appointment but who have subsequently
  505  changed their residence and currently reside in a district with
  506  excess judges residing therein.
  507         (c)If there is an insufficient number of judges pursuant
  508  to paragraphs (a) and (b), the Supreme Court must annually
  509  assign the requisite number of judges from a contiguous district
  510  with an excess number of judges to a contiguous district with an
  511  insufficient number of judges during the transition period.
  512  Assignments from such contiguous district with excess judges
  513  residing therein must be for at least a 1-year term during the
  514  transition period, but assignments will terminate and judges
  515  will be reassigned as vacancies occur in the district in which
  516  the judge resides.
  517         (d)After all judges residing in contiguous districts with
  518  excess judges have been allocated, the remaining judges required
  519  to meet the need as set forth in s. 35.06, Florida Statutes,
  520  shall be appointed by the Governor.
  521         (e)Within 1 month of the effective date of this act, any
  522  judge who relocated from their county of original appointment
  523  before February 1, 2022, may file a sworn statement of intent
  524  with the State Courts Administrator indicating his or her desire
  525  to serve permanently in the new district. Such judges remain
  526  subject to assignment pursuant to paragraphs (b) and (c) until
  527  vacancies occur in that district.
  528         (2)Within 2 months of the effective date of this act, the
  529  Supreme Court shall provide the Governor with a list of the
  530  judges who will be permanently assigned to each district, those
  531  who will be temporarily assigned to certain districts as of
  532  January 1, 2023, and the location of the positions the Governor
  533  must fill by appointment. The Governor shall request each
  534  applicable judicial nominating commission to convene for the
  535  purpose of selecting and submitting names of qualified
  536  individuals for consideration by the Governor in making
  537  appointments. Individuals filling judgeships created by this act
  538  shall be appointed by the Governor in accordance with s. 11,
  539  Article V of the State Constitution.
  540         (3) On January 1, 2023, the Governor shall recommission any
  541  judge whose district was modified by the realignment of
  542  districts pursuant to this act; except that, the recommission of
  543  any judge whose district is modified by the realignment of
  544  districts and is seeking retention to office at the 2022 general
  545  election, and is retained by the voters at such election, shall
  546  occur January 3, 2023.
  547         Section 18. Except as expressly provided in this act, this
  548  act shall take effect upon becoming a law.
  549  
  550  ================= T I T L E  A M E N D M E N T ================
  551  And the title is amended as follows:
  552         Delete everything before the enacting clause
  553  and insert:
  554                        A bill to be entitled                      
  555         An act relating to district courts of appeal; amending
  556         s. 35.01, F.S.; revising the number of district courts
  557         of appeal from five to six; amending s. 35.02, F.S.;
  558         realigning the First Appellate District; amending s.
  559         35.03, F.S.; realigning the Second Appellate District;
  560         amending s. 35.043, F.S.; realigning the Fifth
  561         Appellate District; creating s. 35.044, F.S.; creating
  562         the Sixth Appellate District; amending s. 35.05, F.S.;
  563         revising the headquarters of the Second Appellate
  564         District; establishing the headquarters of the Sixth
  565         Appellate District; providing legislative intent;
  566         amending s. 35.06, F.S.; revising the number of judges
  567         in the present appellate districts; providing the
  568         number of judges for the Sixth Appellate District;
  569         amending s. 27.51, F.S.; revising which offices of the
  570         public defender handle appellate duties in an
  571         appellate district; assigning the public defender of
  572         the tenth judicial circuit to the Sixth Appellate
  573         District; amending s. 27.511, F.S.; revising the
  574         number of criminal conflict and civil regional counsel
  575         offices to conform to changes made by the act;
  576         amending s. 27.53, F.S.; revising the number of
  577         criminal conflict and civil regional counsel offices
  578         for appointments of assistants, staff, and method of
  579         payment to conform to changes made by the act;
  580         amending s. 29.001, F.S.; revising certain state
  581         courts system definitions to conform to changes made
  582         by the act; amending s. 440.45, F.S.; revising the
  583         number of electors for the statewide nominating
  584         commission for the Office of the Judges of
  585         Compensation Claims; deleting obsolete language;
  586         reenacting s. 29.008(1), F.S., relating to county
  587         funding of court-related functions, to incorporate the
  588         amendment made to s. 35.05, Florida Statutes, in a
  589         reference thereto; reenacting s. 35.051(1), F.S.,
  590         relating to subsistence and travel reimbursement for
  591         judges with alternate headquarters, to incorporate the
  592         amendment made to s. 35.05, Florida Statutes, in a
  593         reference thereto; requiring all specified property
  594         located in the Lakeland headquarters of the current
  595         Second District Court of Appeal or in use by employees
  596         assigned to such headquarters to be transferred to the
  597         Sixth District Court of Appeal unless a certain
  598         finding is made by the Office of the State Courts
  599         Administrator; authorizing the Chief Justice to
  600         authorize a specified pilot program under which judges
  601         in specified districts may implement innovative
  602         practices, incorporate leading technologies, and
  603         provide for remote court proceedings, subject to a
  604         specified condition; providing for expiration of the
  605         pilot program; requiring the Supreme Court to provide
  606         a certain report to the Governor and the Legislature;
  607         providing for a transitional period; providing
  608         legislative intent; providing the manner in which
  609         judicial vacancies in each district court of appeal
  610         must be filled; providing a priority for how such
  611         vacancies must be filled; requiring the Supreme Court
  612         to allocate judges during a specified timeframe for at
  613         least a specified term; requiring the Governor to
  614         appoint judges to fill any remaining vacancies;
  615         authorizing certain judges who wish to serve
  616         permanently in the new district to serve a specified
  617         notice within a specified timeframe upon the State
  618         Courts Administrator; providing that such judges are
  619         subject to assignment; requiring the Supreme Court,
  620         within a specified timeframe, to provide a certain
  621         list to the Governor; requiring the Governor to
  622         request that the applicable judicial nominating
  623         commissions convene for a specified purpose; requiring
  624         that individuals filling such vacancies be appointed
  625         subject to a specified provision of the State
  626         Constitution; requiring the Governor to recommission
  627         any judge whose district was modified by the
  628         realignment of districts pursuant to the act by a
  629         specified date; providing effective dates.