CS/HB 7027 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7027-01-c1
Page 1 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the judicial branch; amending s. 2
16.71, F.S.; revising qualification requirements for 3
members of the Florida Gaming Control Commission; 4
amending s. 27.51, F.S.; conforming provisions to 5
changes made by the act; amending s. 27.511, F.S.; 6
providing geographic boundaries for offices of 7
criminal conflict and civil regional counsel; amending 8
s. 34.022, F.S.; revising the number of county court 9
judges in a specified county; amending ss. 35.01, 10
35.02, 35.03, 35.043, F.S.; providing for the 11
realignment of appellate districts; creating s. 12
35.044, F.S.; creating a sixth appellate district; 13
amending s. 35.05, F.S.; providing the location of the 14
headquarters of the Sixth Appellate District; amending 15
s. 35.06, F.S.; revising the number of judges of each 16
district court of appeal; amending s. 440.45; F.S.; 17
revising the number of electors for the Office of the 18
Judges of Compensation Claims; removing obsolet e 19
language; providing construction; requiring the 20
reallocation of judges residing within districts 21
realigned by the act; authorizing a temporary 22
headquarters; providing procedures for the judicial 23
nominating commission in order to conform to changes 24
made by the act; providing effective dates. 25
CS/HB 7027 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7027-01-c1
Page 2 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
26
Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. Effective January 1, 2023, paragraph (a) of 29
subsection (2) of section 16.71, Florida Statutes, is amended to 30
read: 31
16.71 Florida Gaming C ontrol Commission; creation; 32
meetings; membership. — 33
(2) MEMBERSHIP.— 34
(a) The commission shall consist of five members appointed 35
by the Governor, and subject to confirmation by the Senate, for 36
terms of 4 years. Members of the commission must be appointe d by 37
January 1, 2022. The Governor shall consider appointees who 38
reflect Florida's racial, ethnic, and gender diversity. Of the 39
initial five members appointed by the Governor, and immediately 40
upon appointment, the Governor shall appoint one of the members 41
as the initial chair and one of the members as the initial vice 42
chair. At the end of the initial chair's and vice chair's terms 43
pursuant to subparagraph 1., the commission shall elect one of 44
the members of the commission as chair and one of the members of 45
the commission as vice chair. 46
1. For the purpose of providing staggered terms, of the 47
initial appointments, two members shall be appointed to 4 -year 48
terms, two members shall be appointed to 3 -year terms, and one 49
member shall be appointed to a 2 -year term. 50
CS/HB 7027 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7027-01-c1
Page 3 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. Of the five members, at least one member must have at 51
least 10 years of experience in law enforcement and criminal 52
investigations, at least one member must be a certified public 53
accountant licensed in this state with at least 10 years of 54
experience in accounting and auditing, and at least one member 55
must be an attorney admitted and authorized to practice law in 56
this state for at least the preceding 10 years. 57
3. Of the five members, no two members may be residents of 58
the same each appellate district shall have one member appointed 59
from the district to the commission who is a resident of the 60
district at the time of the original appointment. 61
Section 2. Effective January 1, 2023, paragraph (f) is 62
added to subsection (4) of section 27.51, Florida Sta tutes, to 63
read: 64
27.51 Duties of public defender. — 65
(4) The public defender for the judicial circuit specified 66
in this subsection shall, after the record on appeal is 67
transmitted to the appellate court by the office of the public 68
defender which handled t he trial and if requested by any public 69
defender within the indicated appellate district, handle all 70
circuit court and county court appeals within the state courts 71
system and any authorized appeals to the federal courts required 72
of the official making such request: 73
(f) Public defender of the sixth judicial circuit, on 74
behalf of any public defender within the district comprising the 75
CS/HB 7027 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7027-01-c1
Page 4 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Sixth District Court of Appeal. 76
Section 3. Effective January 1, 2023, subsection (1) of 77
section 27.511, Florida Statutes, is amended to read: 78
27.511 Offices of criminal conflict and civil regional 79
counsel; legislative intent; qualifications; appointment; 80
duties.— 81
(1) It is the intent of the Legislature to provide 82
adequate representation to persons entitled to court -appointed 83
counsel under the Federal or State Constitution or as authorized 84
by general law. It is the further intent of the Legislature to 85
provide adequate representation in a fiscally sound manner, 86
while safeguarding constitutional principles. Therefore, an 87
office of criminal conflict and civil regional counsel is 88
created within the geographic boundaries of each of the five 89
regions of the state district courts of appeal. The regional 90
counsel shall be appointed as set forth in subsection (3) for 91
each of the five regional offices. For the purposes of an office 92
of criminal conflict and civil regional counsel, the state is 93
divided into five geographic regions by judicial circuit as 94
follows: 95
(a) The first region consists of the first, second, third, 96
fourth, eighth, and fourteenth circuits. 97
(b) The second region consists of the sixth, tenth, 98
twelfth, thirteenth, and twentieth circuits. 99
(c) The third region consists of the eleventh and 100
CS/HB 7027 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7027-01-c1
Page 5 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
sixteenth circuits. 101
(d) The fourth region consists of the fifteenth, 102
seventeenth, and nineteenth circuits. 103
(e) The fifth region consists of the fifth, seventh, 104
ninth, and eighteenth circuits. 105
Section 4. Effective July 1, 2022, subsection (34) of 106
section 34.022, Florida Statutes, is amended to read: 107
34.022 Number of county court judges for each county. —The 108
number of county court judges in each county shall be as 109
follows: 110
COUNTY TOTAL 111
(34) Lake................................ .............. 43 112
Section 5. Effective January 1, 2023, section 35.01, 113
Florida Statutes, is amended to read: 114
35.01 District courts of appeal; districts. —Six Five 115
district courts of appeal are created, and the state is divided 116
into six five appellate districts of contiguous circuits. 117
Section 6. Effective January 1, 2023, section 35.02, 118
Florida Statutes, is amended to read: 119
35.02 First Appellate District. —The First Appellate 120
District is composed of the First, Second, Third, Fourth, 121
Eighth, and Fourteenth Judicial Circuits. 122
Section 7. Effective January 1, 2023, section 35.03, 123
Florida Statutes, is amended to read: 124
35.03 Second Appellate District. —The Second Appellate 125
CS/HB 7027 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7027-01-c1
Page 6 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
District is composed of the Ninth Sixth, Tenth, Twelfth, 126
Thirteenth, and Twentieth Judicial Circuits. 127
Section 8. Effective January 1, 2023, section 35.043, 128
Florida Statutes, is amended to read: 129
35.043 Fifth Appellate District. —The Fifth Appellate 130
District is composed of the Fourth, Fifth, Seventh, Ninth, and 131
Eighteenth Judicial Circuits. 132
Section 9. Effective J anuary 1, 2023, section 35.044, 133
Florida Statutes, is created to read: 134
35.044 Sixth Appellate District. —The Sixth Appellate 135
District is composed of the Sixth, Twelfth, and Thirteenth 136
Judicial Circuits. 137
Section 10. Effective January 1, 2023, subsection (1) of 138
section 35.05, Florida Statutes, is amended to read: 139
35.05 Headquarters. — 140
(1) The headquarters of the First Appellate District shall 141
be in the Second Judicial Circuit, Tallahassee, Leon County; of 142
the Second Appellate District in the Tenth Judi cial Circuit, 143
Lakeland, Polk County; of the Third Appellate District in the 144
Eleventh Judicial Circuit, Miami -Dade County; of the Fourth 145
Appellate District in the Fifteenth Judicial Circuit, Palm Beach 146
County; of and the Fifth Appellate District in the Seve nth 147
Judicial Circuit, Daytona Beach, Volusia County ; and of the 148
Sixth Appellate District in the Sixth Judicial Circuit, Pinellas 149
County. 150
CS/HB 7027 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7027-01-c1
Page 7 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 11. Effective January 1, 2023, section 35.06, 151
Florida Statutes, is amended to read: 152
35.06 Organization of district courts of appeal. —A 153
district court of appeal shall be organized in each of the six 154
five appellate districts to be named District Court of Appeal, 155
.... District. The number of judges of each district court of 156
appeal shall be as follows: 157
(1) In the first district there shall be 13 15 judges. 158
(2) In the second district there shall be 9 16 judges. 159
(3) In the third district there shall be 10 judges. 160
(4) In the fourth district there shall be 12 judges. 161
(5) In the fifth district there shall be 12 11 judges. 162
(6) In the sixth district there shall be 15 judges. 163
Section 12. Effective January 1, 2023, paragraph (b) of 164
subsection (2) of section 440.45, Florida Statutes, is amended 165
to read: 166
440.45 Office of the Judges of Compensation Claims. — 167
(2) 168
(b) Except as provided in paragraph (c), the Governor 169
shall appoint a judge of compensation claims from a list of 170
three persons nominated by a statewide nominating commission. 171
The statewide nominating commission shall be composed of the 172
following: 173
1. Six Five members, at least one of whom must be a member 174
of a minority group as defined in s. 288.703, one of each who 175
CS/HB 7027 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7027-01-c1
Page 8 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
resides in each of the territorial jurisdictions of the district 176
courts of appeal, appointed by the Board of Governors of The 177
Florida Bar from among The Florida Bar members who are engaged 178
in the practice of law. The Board of Governors shall appoint 179
members who reside in the odd -numbered district court of appeal 180
jurisdictions to 4-year terms each, beginning July 1, 1999, and 181
members who reside in the even-numbered district court of appeal 182
jurisdictions to 2-year terms each, beginning July 1, 1999. 183
Thereafter, Each member shall be appointed for a 4 -year term; 184
2. Six Five electors, at least one of whom must be a 185
member of a minority group as defined in s. 288.703, one of each 186
who resides in each of the territorial jurisdictions of the 187
district courts of appeal, appointed by the Governor. The 188
Governor shall appoint members who reside in the odd -numbered 189
district court of appeal jurisdictions to 2-year terms each, 190
beginning July 1, 1999, and members who reside in the even -191
numbered district court of appeal jurisdictions to 4 -year terms 192
each, beginning July 1, 1999. Thereafter, Each member shall be 193
appointed for a 4-year term; and 194
3. Six Five electors, at least one of whom must be a 195
member of a minority group as defined in s. 288.703, one of each 196
who resides in the territorial jurisdictions of the district 197
courts of appeal, selected and appointed by a majority vote of 198
the other 10 members of th e commission. A majority of the other 199
members of the commission shall appoint members who reside in 200
CS/HB 7027 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7027-01-c1
Page 9 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the odd-numbered district court of appeal jurisdictions to 2 -201
year terms each, beginning October 1, 1999, and members who 202
reside in the even-numbered district court of appeal 203
jurisdictions to 4-year terms each, beginning October 1, 1999. 204
Thereafter, Each member shall be appointed for a 4 -year term. 205
206
A vacancy occurring on the commission shall be filled by the 207
original appointing authority for the unexpired bal ance of the 208
term. An No attorney who appears before any judge of 209
compensation claims more than four times a year is not eligible 210
to serve on the statewide nominating commission. The meetings 211
and determinations of the nominating commission as to the judges 212
of compensation claims shall be open to the public. 213
Section 13. No judicial vacancy may be deemed to occur as 214
a result of the addition of a sixth appellate district or 215
district realignment under this act. Effective January 1, 2023, 216
a current district c ourt of appeal judge residing in a county, 217
the district of which is realigned under this act, shall be a 218
district court of appeal judge of the new district where he or 219
she resides. 220
Section 14. Notwithstanding the amendments made to s. 221
35.05(1), Florida Statutes, by this act, until the Sixth 222
Appellate District occupies the courthouse authorized in proviso 223
accompanying Specific Appropriation 3147A of chapter law 2021 -224
36, Laws of Florida, the district headquarters may be located in 225
CS/HB 7027 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7027-01-c1
Page 10 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the Thirteenth Judicial circuit, Hillsborough County. 226
Section 15. To effectuate the changes in judicial 227
nominating commissions necessitated by the creation of the Sixth 228
District Court of Appeal and the realignment of the 229
jurisdictional boundaries of other district courts of a ppeal: 230
(1) Each member of the first, second, and fifth district 231
court of appeal judicial nominating commissions on the date this 232
act becomes law shall continue to serve the same term of office, 233
but the member's seat is transferred to the nominating 234
commission for the district, as the district is composed 235
effective January 1, 2023, in which he or she resides. 236
(2) Each expired term or vacancy on a commission shall be 237
filled by appointment in the same manner as the vacancy of the 238
member whose position is b eing filled. 239
(3) Each applicable judicial nominating commission shall 240
complete the application, interview, and nomination process for 241
any new district court of appeal judgeships authorized in this 242
act and funded in the fiscal year 2022 -23 General Appropriations 243
Act by November 3, 2022, notwithstanding that the new judgeship 244
is not effective until January 1, 2023. 245
Section 16. Except as otherwise expressly provided in this 246
act, this act shall take effect upon becoming a law. 247