House Bill hb0205

    Florida House of Representatives - 2002                 HB 205

        By Representative Sorensen






  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 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 an

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






    Florida House of Representatives - 2002                 HB 205

    729-116B-02






  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 s. 11, Art. V of the State Constitution, the

15  Legislature requests that these judicial nominating

16  commissions, by and through the Supreme Court of Florida,

17  adopt uniform rules of procedure effectuating the provisions

18  of this act.

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

20  law.

21

22            *****************************************

23                          HOUSE SUMMARY

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

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