Senate Bill sb1800

    Florida Senate - 2002                                  SB 1800

    By Senator Diaz de la Portilla





    34-1511-02                                          See HB 205

  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.

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

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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 an appointment

25  by the Governor at the time of the effective date of this act.

26  Any such judge may be reelected to as many successive terms of

27  office for which the judge qualifies.

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

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

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

31  additional judgeship on a district court of appeal for a

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






    Florida Senate - 2002                                  SB 1800
    34-1511-02                                          See HB 205




  1  judicial circuit from which there is no judge then serving,

  2  such vacancy shall be filled only by a qualified resident from

  3  the geographical area of the unrepresented judicial circuit.

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

  5  of appeal there is more than one judicial circuit that is

  6  unrepresented by a judge on that district court of appeal,

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

  8  judicial circuit having the lowest judicial circuit

  9  designation number.

10         Section 3.  In order to fully implement the provisions

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

12  conferred on the district courts of appeal judicial nominating

13  commissions by Section 11, Article V of the State

14  Constitution, the Legislature requests that these judicial

15  nominating commissions, by and through the Supreme Court of

16  Florida, adopt uniform rules of procedure in fulfilling the

17  provisions of this act.

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

19  law.

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22                       LEGISLATIVE SUMMARY

23
      Requires each district court of appeal to include at
24    least one judge from each judicial circuit within the
      appellate district. Provides application to affect only
25    vacancies occurring after the effective date of the act.
      Specifies the filling of vacancies from unrepresented
26    judicial circuits. Requests judicial nominating
      commissions to adopt uniform rules of procedure. (See
27    bill for details.)

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