HB 1849

1	A bill to be entitled
2	An act relating to judicial matters; amending s. 26.031, F.S.;
3	increasing the number of judges in specified judicial circuits;
4	amending s. 34.022, F.S.; increasing the number of county court
5	judges in specified counties; amending ss. 35.01, 35.03, 35.042,
6	and 35.043, F.S.; revising the composition of the district
7	courts of appeal; revising the judicial circuit composition of
8	the appellate districts; creating s. 35.044, F.S.; creating the
9	Sixth Appellate District; specifying the judicial circuit
10	composition of the district; amending s. 35.05, F.S.; revising
11	the organization of the headquarters of the appellate districts;
12	amending s. 35.06, F.S.; specifying the judicial organization of
13	the Sixth Appellate District; specifying governance of the sixth
14	district by case law as established by rule of the Supreme
15	Court; specifying the effective date of newly created seats for
16	judges; amending s. 43.291, F.S.; revising organization and
17	membership of judicial nominating commissions to conform;
18	providing for appointment of new judges by the Governor;
19	requiring the Governor to make appointments in compliance with
20	the State Constitution; providing that the provisions of the act
21	are not severable; providing effective dates.
22
23	WHEREAS, since 1972, the Florida Constitution has directed
24	the Florida Supreme Court to adopt rules establishing uniform
25	criteria for determining the necessity of increasing,
26	decreasing, or redefining appellate districts and judicial
27	circuits, and
28	WHEREAS, the court has failed to establish any criteria for
29	such a determination, and
30	WHEREAS, even though the court has neglected to adopt a
31	rule on the issue, the Court's Judicial Management Council
32	issued a report in December of 1998 by the Committee to Study
33	the Need for Additional District Courts of Appeal that addresses
34	criteria for determining the need for creating new district
35	courts of appeal, and
36	WHEREAS, the committee report recommends, among other
37	criteria, that the district courts be limited to 10 judges, with
38	room for growth to 12 judges in order to optimize collegiality
39	and therefore more consistent opinions and less conflict in law,
40	and
41	WHEREAS, the court's current certification order, if it is
42	adopted, would result in three of the five judicial districts
43	having more than 12 judges, and
44	WHEREAS, the failure of the court to establish a rule
45	establishing criteria for determining the necessity of
46	increasing, decreasing, or redefining appellate districts has
47	constrained the Florida Legislature from exercising its
48	authority under Section 9 of Article V of the Florida
49	Constitution because the Legislature is unable to determine
50	whether the Supreme Court has failed "to make findings as
51	provided . . . when need exists," and
52	WHEREAS, the failure of the court to establish the criteria
53	for the Legislature to apply in order to determine whether a new
54	district court should be created should not operate to prevent
55	the Legislature from exercising its authority, NOW, THEREFORE,
56
57	Be It Enacted by the Legislature of the State of Florida:
58
59	Section 1.  Effective January 4, 2005, subsections (11),
60	(13), (14), (17), (19), and (20) of section 26.031, Florida
61	Statutes, are amended to read:
62	26.031  Judicial circuits; number of judges.--The number of
63	circuit judges in each circuit shall be as follows:
64
65	JUDICIAL CIRCUIT                                     TOTAL
66	(11)  Eleventh          77
67	74
68	(13)  Thirteenth          40
69	37
70	(14)  Fourteenth          10 9
71	(17)  Seventeenth          55
72	53
73	(19)  Nineteenth          18
74	15
75	(20)  Twentieth          25
76	23
77	Section 2.  Effective April 1, 2005, subsections (1), (3),
78	(4), (5), (6), (7), (8), (9), (10), and (15) of section 26.031,
79	Florida Statutes, are amended to read:
80	26.031  Judicial circuits; number of judges.--The number of
81	circuit judges in each circuit shall be as follows:
82
83	JUDICIAL CIRCUIT                                     TOTAL
84	(1)  First          22
85	21
86	(3)  Third          7 6
87	(4)  Fourth          32
88	31
89	(5)  Fifth          28
90	25
91	(6)  Sixth          43
92	41
93	(7)  Seventh          25
94	24
95	(8)  Eighth          13
96	12
97	(9)  Ninth          41
98	38
99	(10)  Tenth          23
100	22
101	(15)  Fifteenth          35
102	34
103	Section 3.  Effective January 4, 2005, subsections (3),
104	(5), (6), (11), (28), (42), (43), and (56) of section 34.022,
105	Florida Statutes, are amended to read:
106	34.022  Number of county court judges for each county.--The
107	number of county court judges in each county shall be as
108	follows:
109
110	COUNTY                                               TOTAL
111	(3)  Bay            4
112	3
113	(5)  Brevard            9
114	8
115	(6)  Broward          27
116	26
117	(11)  Collier            4
118	3
119	(28)  Hillsborough          17
120	15
121	(42)  Martin            3
122	2
123	(43)  Miami-Dade          42
124	41
125	(56)  St. Lucie            4
126	3
127	Section 4.  Effective April 1, 2005, subsections (12),
128	(15), (41), (48), (50), (51), (52), and (64) of section 34.022,
129	Florida Statutes, are amended to read:
130	34.022  Number of county court judges for each county.--The
131	number of county court judges in each county shall be as
132	follows:
133
134	COUNTY                                               TOTAL
135	(12)  Columbia            2
136	1
137	(15)  Duval          16
138	15
139	(41)  Marion            4
140	3
141	(48)  Orange          16
142	15
143	(50)  Palm Beach          19
144	17
145	(51)  Pasco            5
146	4
147	(52)  Pinellas          15
148	14
149	(64)  Volusia           10
150	9
151	Section 5.  Section 35.01, Florida Statutes, is amended to
152	read:
153	35.01  District courts of appeal; districts.--Six Five
154	district courts of appeal are created, and the state is divided
155	into six five appellate districts of contiguous circuits.
156	Section 6.  Effective April 1, 2005, section 35.03, Florida
157	Statutes, is amended to read:
158	35.03  Second Appellate District.--The Second Appellate
159	District is composed of the Fifth, Sixth, Tenth, Twelfth,
160	Thirteenth, and Twentieth Judicial Circuits.
161	Section 7.  Effective April 1, 2005, section 35.042,
162	Florida Statutes, is amended to read:
163	35.042  Fourth Appellate District.--The Fourth Appellate
164	District is composed of the Fifteenth and, Seventeenth, and
165	Nineteenth Judicial Circuits.
166	Section 8.  Effective April 1, 2005, section 35.043,
167	Florida Statutes, is amended to read:
168	35.043  Fifth Appellate District.--The Fifth Appellate
169	District is composed of the Fifth, Seventh, Ninth, and
170	Eighteenth, and Nineteenth Judicial Circuits.
171	Section 9.  Effective April 1, 2005, section 35.044,
172	Florida Statutes, is created to read:
173	35.044  Sixth Appellate District.--The Sixth Appellate
174	District is composed of the Sixth and Thirteenth Judicial
175	Circuits.
176	Section 10.  Effective April 1, 2005, subsection (1) of
177	section 35.05, Florida Statutes, is amended to read:
178	35.05  Headquarters.--
179	(1)  The headquarters of the First Appellate District shall
180	be in the Second Judicial Circuit, Tallahassee, Leon County; of
181	the Second Appellate District in the Tenth Judicial Circuit,
182	Lakeland, Polk County; of the Third Appellate District in the
183	Eleventh Judicial Circuit, Dade County; of the Fourth Appellate
184	District in the Fifteenth Judicial Circuit, Palm Beach County;
185	of and the Fifth Appellate District in the Seventh Judicial
186	Circuit, Daytona Beach, Volusia County; and of the Sixth
187	Appellate District in the Thirteenth Judicial Circuit,
188	Hillsborough County.
189	Section 11.  Effective April 1, 2005, section 35.06,
190	Florida Statutes, is amended to read:
191	35.06  Organization of district courts of appeal.--A
192	district court of appeal shall be organized in each of the six
193	five appellate districts to be named District Court of Appeal,
194	_____ District. The number of judges of each district court of
195	appeal shall be as follows:
196	(1)  In the first district there shall be 15 judges.
197	(2)  In the second district there shall be 9 14 judges.
198	(3)  In the third district there shall be 11 judges.
199	(4)  In the fourth district there shall be 11 12 judges.
200	(5)  In the fifth district there shall be 11 10 judges.
201	(6)  In the sixth district there shall be 9 judges.
202	Section 12.  Effective April 1, 2005, the newly created
203	sixth district shall be controlled by case law as established in
204	rule of the Supreme Court.
205	Section 13.  Subsection (8) is added to section 43.291,
206	Florida Statutes, to read:
207	43.291  Judicial nominating commissions.--
208	(8)  The following procedures shall apply in order to
209	effectuate the changes in judicial nominating commissions
210	necessitated by the creation of the Sixth District Court of
211	Appeal:
212	(a)  Each current member of the second, fourth, and fifth
213	district judicial nominating commissions shall continue to serve
214	the same term of office but the member's seat is transferred to
215	the nominating commission for the district in which he or she
216	resides. Therefore, the officers holding seats 1, 4, 7, and 9 on
217	the Second Appellate District Judicial Nominating Commission are
218	transferred to the Sixth Appellate District Judicial Nominating
219	Commission. The officer holding seat 9 on the Fourth Appellate
220	District Judicial Nominating Commission is transferred to the
221	Fifth Appellate District Judicial Nominating Commission. The
222	officer holding seat 4 on the Fifth Appellate District Judicial
223	Nominating Commission is transferred to the Second Appellate
224	District Judicial Nominating Commission.
225	(b)  Each expired term or vacancy shall be filled by
226	appointment in the same manner as the vacancy of the member
227	whose position is being filled.
228	Section 14.  Judges filling new offices created by this act
229	shall be appointed by the Governor. In order to implement the
230	requirements of s. 3(a), Art. V of the State Constitution that
231	each appellate district must have at least one justice appointed
232	who is a resident of the district at the time of appointment,
233	the Governor shall make appointments so as to bring the court
234	into compliance with the State Constitution at the earliest
235	opportunity.
236	Section 15.  If any of the provisions of sections 5 through
237	13 of this act are held to be invalid or inoperative for any
238	reason, the remaining provisions of this act shall be deemed to
239	be void and of no effect, it being the legislative intent that
240	this act as a whole would not have been adopted had the
241	provisions of sections 5 through 13 not been included.
242	Section 16.  Except as otherwise provided herein, this act
243	shall take effect July 1, 2004.

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