Senate Bill 1228 (2023) — District courts of appeal
SB 1228
Florida Bills
Florida Senate - 2023 SB By Senator Grall 29-01191A-23 20231228__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to the district courts of appeal; 2 expressing the intent of the Legislature relating to excess judicial capacity in certain appellate districts; amending s. 35.06, F.S.; providing for the reduction in the number of judges on the First District Court of Appeal and the Second District Court of Appeal upon the occurrence of an event that otherwise would have resulted in a judicial vacancy; 9 providing a limitation on the automatic reduction of judges on the First District Court of Appeal and the Second District Court of Appeal; requiring the Chief Justice of the Supreme Court to notify the Governor and the Legislature of the occurrence of a specified event; providing an effective date. 15
Be It Enacted by the Legislature of the State of Florida: 17
Section 1. It is the intent of the Legislature to establish a process to address excess judicial capacity in the First District Court of Appeal and the Second District Court of Appeal, resulting from changes made to the jurisdictional boundaries of appellate districts to create the Sixth District Court of Appeal.
Chapter 2022-163, Laws of Florida, which reorganized the appellate districts to create the Sixth District Court of Appeal and revised the number of judges in affected districts, reflects the policy of the Legislature to allow a judge who may have been otherwise affected by the jurisdictional boundary changes to continue serving in the district, as Florida Senate - 2023 SB 1228 29-01191A-23 20231228__ CODING: Words stricken are deletions; words underlined are additions. reconfigured, where he or she resided before the creation of the Sixth District Court of Appeal.
To address excess judicial capacity in the First District Court of Appeal and in the Second District Court of Appeal consistent with this policy, this act reduces the number of statutorily authorized judgeships in these districts based on attrition and without requiring a judge to vacate his or her position involuntarily. This process is consistent with the Florida Supreme Court’s recommendation in In re Certification of Need for Additional Judges, Opinion No. 38 SC22-1621 (Dec. 22, 2022), the Court’s opinion addressing the need to increase or decrease the number of judges in the 2023-40 fiscal year. 41
Section 2. Subsections (1) and (2) of
section 35.06, 42 Florida Statutes, are amended to read: 43 35.06 Organization of district courts of appeal.—A district court of appeal shall be organized in each of the six appellate districts to be named District Court of Appeal, .... District. 46 The number of judges of each district court of appeal shall be as follows: 48 (1)(
a) In the first district there shall be judges. 49
(
b) Notwithstanding paragraph (a), upon the occurrence of an event that otherwise would have resulted in a vacancy in the office of judge of the first district, the number of judges is reduced by 1, and in the first district there shall be 12 judges. 54 (2)(
a) In the second district there shall be judges. 55
(
b) Notwithstanding paragraph (a), upon each occurrence of an event that otherwise would have resulted in a vacancy in the office of judge of the second district, the number of judges is Florida Senate - 2023 SB 1228 29-01191A-23 20231228__ CODING: Words stricken are deletions; words underlined are additions. reduced by until judges remain, and in the second district there shall be judges. 60
Section 3. The Chief Justice of the Supreme Court shall notify the Governor, the President of the Senate, and the Speaker of the House of Representatives of the occurrence of an event that otherwise would have resulted in a vacancy in the office of judge of the First District Court of Appeal or the Second District Court of Appeal as provided in s. 35.06(1) and 66 (2), Florida Statutes, respectively. 67