Senate Bill 2004

    Florida Senate - 2000                                  SB 2004

    By Senator King





    8-1430-00                                           See HB 737

  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; providing an effective date.

  8

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

10

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

12  to read:

13         35.01  District courts of appeal; districts.--Five

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

15  divided into five appellate districts of contiguous circuits.

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

17  judge from each judicial circuit within the district.

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

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

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

21  appeal judgeship which is vacant and awaiting filling by

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

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

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

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

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

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

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

29  appellate district for which there is a judicial circuit from

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

31

                                  1

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






    Florida Senate - 2000                                  SB 2004
    8-1430-00                                           See HB 737




  1  filled only by a qualified resident from the geographical area

  2  of such unrepresented judicial circuit.

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

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

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

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

  7  judicial circuit having the lowest judicial circuit

  8  designation number.

  9         Section 3.  This act shall take effect upon becoming a

10  law.

11

12            *****************************************

13                          HOUSE SUMMARY

14
      Requires each district court of appeal to consist of at
15    least one judge from each judicial circuit within the
      appellate district. Provides application to affect only
16    vacancies occurring after the effective date of the bill.
      Specifies the filling of vacancies from unrepresented
17    judicial circuits. See bill for details.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2