| 1 | Representative Ross offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line(s) 158-206, and insert: |
| 5 | Section 6. Effective April 1, 2005, section 35.03, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 35.03 Second Appellate District.--The Second Appellate |
| 8 | District is composed of the Fifth, Sixth, Tenth, Twelfth, |
| 9 | Thirteenth, and Twentieth Judicial Circuits. |
| 10 | Section 7. Effective April 1, 2005, section 35.042, |
| 11 | Florida Statutes, is amended to read: |
| 12 | 35.042 Fourth Appellate District.--The Fourth Appellate |
| 13 | District is composed of the Fifteenth and, Seventeenth, and |
| 14 | Nineteenth Judicial Circuits. |
| 15 | Section 8. Effective April 1, 2005, section 35.043, |
| 16 | Florida Statutes, is amended to read: |
| 17 | 35.043 Fifth Appellate District.--The Fifth Appellate |
| 18 | District is composed of the Fifth, Seventh, Ninth, and |
| 19 | Eighteenth, and Nineteenth Judicial Circuits. |
| 20 | Section 9. Effective April 1, 2005, section 35.044, |
| 21 | Florida Statutes, is created to read: |
| 22 | 35.044 Sixth Appellate District.--The Sixth Appellate |
| 23 | District is composed of the Sixth and Thirteenth Judicial |
| 24 | Circuits. |
| 25 | Section 10. Effective April 1, 2005, subsection (1) of |
| 26 | section 35.05, Florida Statutes, is amended to read: |
| 27 | 35.05 Headquarters.-- |
| 28 | (1) The headquarters of the First Appellate District shall |
| 29 | be in the Second Judicial Circuit, Tallahassee, Leon County; of |
| 30 | the Second Appellate District in the Tenth Judicial Circuit, |
| 31 | Lakeland, Polk County; of the Third Appellate District in the |
| 32 | Eleventh Judicial Circuit, Dade County; of the Fourth Appellate |
| 33 | District in the Fifteenth Judicial Circuit, Palm Beach County; |
| 34 | of and the Fifth Appellate District in the Seventh Judicial |
| 35 | Circuit, Daytona Beach, Volusia County; and of the Sixth |
| 36 | Appellate District in the Thirteenth Judicial Circuit, |
| 37 | Hillsborough County. |
| 38 | Section 11. Effective April 1, 2005, section 35.06, |
| 39 | Florida Statutes, is amended to read: |
| 40 | 35.06 Organization of district courts of appeal.--A |
| 41 | district court of appeal shall be organized in each of the six |
| 42 | five appellate districts to be named District Court of Appeal, |
| 43 | _____ District. The number of judges of each district court of |
| 44 | appeal shall be as follows: |
| 45 | (1) In the first district there shall be 15 judges. |
| 46 | (2) In the second district there shall be 9 14 judges. |
| 47 | (3) In the third district there shall be 11 judges. |
| 48 | (4) In the fourth district there shall be 11 12 judges. |
| 49 | (5) In the fifth district there shall be 11 10 judges. |
| 50 | (6) In the sixth district there shall be 9 judges. |
| 51 | Section 12. Effective April 1, 2005, the newly created |
| 52 | sixth district shall be controlled by case law as established in |
| 53 | rule of the Supreme Court. |
| 54 | Section 13. No vacancy in the office of district court |
| 55 | judge shall be deemed to occur by reason of the provisions of |
| 56 | this act and the continuing tenure in judicial office of current |
| 57 | judges shall not be affected hereby. A district judge residing |
| 58 | in a circuit, the district of which has been realigned, may at |
| 59 | his or her option be a judge of the new district or remain with |
| 60 | the present district by filing sworn notice with the Secretary |
| 61 | of State, within 30 days after the effective date of this act, |
| 62 | of intent to change residence in order to continue to serve the |
| 63 | district in which he or she is presently serving. In the absence |
| 64 | of such notice, a judge residing in a circuit which is realigned |
| 65 | shall become a judge of the district into which such circuit is |
| 66 | transferred. A judge filing such notice shall remain a judge of |
| 67 | the judge's present district, provided the judge complies with |
| 68 | the residency requirement of s. 8, Art. V of the Florida |
| 69 | Constitution. If, pursuant to the operation of this act, the |
| 70 | number of judges in any district exceeds the number of judges |
| 71 | authorized in s. 35.06, Florida Statutes, no vacancy in office |
| 72 | shall be filled by appointment until necessary to maintain the |
| 73 | number of judges authorized by s. 35.06, Florida Statutes. |
| 74 |
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| 75 | ================ T I T L E A M E N D M E N T ============= |
| 76 | Remove line(s) 17, and insert: |
| 77 | effective date of newly created seats for judges; providing for |
| 78 | continued tenure of certain judges under certain circumstances; |
| 79 | authorizing certain judges to remain in certain districts under |
| 80 | certain circumstances; requiring certain notice to the Secretary |
| 81 | of State; restricting appointments to vacancies in office under |
| 82 | certain circumstances; amending |