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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
1
An act relating to the judicial branch; amending s. 2
27.51, F.S.; conforming provisions to changes made by 3
the act; amending s. 27.511, F.S.; providing 4
geographic boundaries for offices of criminal conflict 5
and civil regional counsel; amending s. 34.022, F.S.; 6
revising the number of county court judges in a 7
specified county; amending ss. 35.01, 35.02, 35.03, 8
35.043, F.S.; providing for the realignment of 9
appellate districts; creating s. 35.044, F.S.; 10
creating a sixth appellate district; amending s. 11
35.05, F.S.; revising the location of the headquarters 12
of the Second Appellate District; providing the 13
location of the headquarters of the Sixth Appellate 14
District; providing legislative intent; amending s. 15
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 members and electors for the of 18
the statewide nominating commission; removing obsol ete 19
language; reenacting s. 29.008(1), F.S., relating to 20
county funding of court -related functions, to 21
incorporate the amendment made to s. 35.05, Florida 22
Statutes, in a reference thereto; reenacting s. 23
35.051(1), F.S., relating to subsistence and travel 24
reimbursement for judges with alternate headquarters, 25
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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
to incorporate the amendment made to s. 35.05, Florida 26
Statutes, in a reference thereto; requiring all 27
specified property located in the Lakeland 28
headquarters of the current Second District Court of 29
Appeal or in use by employees assigned to such 30
headquarters to be transferred to the Sixth District 31
Court of Appeal unless a certain finding is made by 32
the Office of the State Courts Administrator; 33
providing construction; requiring the reallocation of 34
judges residing within districts realigned by the act; 35
requiring the Governor to recommission certain judges 36
on specified dates; authorizing a temporary 37
headquarters for a specified Appellate district; 38
providing for the termination of the terms of members 39
of certain judicial nominating commissions; requiring 40
the Governor to make appointments to specified 41
judicial nominating commissions; providing 42
requirements for such appointments; authorizing 43
members of specified nominating commissions to apply 44
for appointment; providing effective dates. 45
46
Be It Enacted by the Legislature of the State of Florida: 47
48
Section 1. Effective January 1, 2023, paragraph (b) of 49
subsection (4) of section 27.51, Florida Statutes, is amended to 50
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read: 51
27.51 Duties of public defender. — 52
(4) The public defender for the judicial circuit specified 53
in this subsection shall, after the record on appeal is 54
transmitted to the appellate court by the office of the public 55
defender which handled the trial and if requested by any public 56
defender within the indicated appellate district, handle all 57
circuit court and county court appeals within the state courts 58
system and any authorized appeals to the federal courts required 59
of the official making such request: 60
(b) Public defender of the tenth judicial circuit, on 61
behalf of any public defender within the districts district 62
comprising the Second District Court of Appeal and Sixth 63
District Court of Appeal . 64
Section 2. Effective January 1, 2023, subsection (1) of 65
section 27.511, Florida Statutes, is ame nded to read: 66
27.511 Offices of criminal conflict and civil regional 67
counsel; legislative intent; qualifications; appointment; 68
duties.— 69
(1) It is the intent of the Legislature to provide 70
adequate representation to persons entitled to court -appointed 71
counsel under the Federal or State Constitution or as authorized 72
by general law. It is the further intent of the Legislature to 73
provide adequate representation in a fiscally sound manner, 74
while safeguarding constitutional principles. Therefore, an 75
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office of criminal conflict and civil regional counsel is 76
created within the geographic boundaries of each of the five 77
regions of the state district courts of appeal . The regional 78
counsel shall be appointed as set forth in subsection (3) for 79
each of the five regiona l offices. For the purposes of an office 80
of criminal conflict and civil regional counsel, the state is 81
divided into five geographic regions by judicial circuit as 82
follows: 83
(a) The first region consists of the first, second, third, 84
fourth, eighth, and fou rteenth circuits. 85
(b) The second region consists of the sixth, tenth, 86
twelfth, thirteenth, and twentieth circuits. 87
(c) The third region consists of the eleventh and 88
sixteenth circuits. 89
(d) The fourth region consists of the fifteenth, 90
seventeenth, and nineteenth circuits. 91
(e) The fifth region consists of the fifth, seventh, 92
ninth, and eighteenth circuits. 93
Section 3. Effective July 1, 2022, subsection (34) of 94
section 34.022, Florida Statutes, is amended to read: 95
34.022 Number of county court judges for each county. —The 96
number of county court judges in each county shall be as 97
follows: 98
COUNTY TOTAL 99
(34) Lake................................ .............. 43 100
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Section 4. Effective January 1, 2023, section 35.01, 101
Florida Statutes, is amended to read: 102
35.01 District courts of appeal; districts. —Six Five 103
district courts of appeal are created, and the state is divided 104
into six five appellate districts of contiguous circuits. 105
106
Section 5. Effective January 1, 2023, section 35.02, 107
Florida Statutes, is amended to read: 108
35.02 First Appellate District. —The First Appellate 109
District is composed of the First, Second, Third, Fourth, 110
Eighth, and Fourteenth Judicial Circuits. 111
Section 6. Effective January 1, 2023, section 35.03, 112
Florida Statutes, is amended to read : 113
35.03 Second Appellate District. —The Second Appellate 114
District is composed of the Sixth, Tenth, Twelfth, and 115
Thirteenth, and Twentieth Judicial Circuits. 116
Section 7. Effective January 1, 2023, section 35.043, 117
Florida Statutes, is amended to read: 118
35.043 Fifth Appellate District. —The Fifth Appellate 119
District is composed of the Fourth, Fifth, Seventh, Ninth, and 120
Eighteenth Judicial Circuits. 121
Section 8. Effective January 1, 2023, section 35.044, 122
Florida Statutes, is created to read: 123
35.044 Sixth Appellate District.—The Sixth Appellate 124
District is composed of the Ninth, Tenth, and Twentieth Judicial 125
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Circuits. 126
Section 9. Effective January 1, 2023, subsection (1) of 127
section 35.05, Florida Statutes, is amended to read: 128
35.05 Headquarters. — 129
(1) The headquarters of the First Appellate District shall 130
be in the Second Judicial Circuit, Tallahassee, Leon County; of 131
the Second Appellate District in the Sixth Tenth Judicial 132
Circuit, Pinellas Lakeland, Polk County; of the Third Appellate 133
District in the Eleventh Judicial Circuit, Miami -Dade County; of 134
the Fourth Appellate District in the Fifteenth Judicial Circuit, 135
Palm Beach County; of and the Fifth Appellate District in the 136
Seventh Judicial Circuit, Daytona Beach, Volusia County ; and of 137
the Sixth Appellate District in the Tenth Judicial Circuit, 138
Lakeland, Polk County . Although each district must have a 139
headquarters as set forth in this subsection, the Legislature 140
intends for policies and practices to be implemented to 141
encourage top applic ants for judicial vacancies from throughout 142
each entire district and to provide opportunities for remote 143
workplaces for judges and staff who may not live near the 144
headquarters of the district. Further, it is the intent of the 145
Legislature to ensure that the district courts operate as 146
efficiently as possible through the use of leading technologies 147
and by adopting policies and practices that encourage innovation 148
and workforce flexibility. 149
Section 10. Effective January 1, 2023, section 35.06, 150
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Florida Statutes, is amended to read: 151
35.06 Organization of district courts of appeal. —A 152
district court of appeal shall be organized in each of the six 153
five appellate districts to be named District Court of Appeal, 154
.... District. The number of judges of each district court of 155
appeal shall be as follows: 156
(1) In the first district there shall be 13 15 judges. 157
(2) In the second district there shall be 15 16 judges. 158
(3) In the third district there shall be 10 judges. 159
(4) In the fourth district there shall be 12 jud ges. 160
(5) In the fifth district there shall be 12 11 judges. 161
(6) In the sixth district there shall be 9 judges. 162
Section 11. Effective January 1, 2023, paragraph (b) of 163
subsection (2) of section 440.45, Florida Statutes, is amended 164
to read: 165
440.45 Office of the Judges of Compensation Claims. — 166
(2) 167
(b) Except as provided in paragraph (c), the Governor 168
shall appoint a judge of compensation claims from a list of 169
three persons nominated by a statewide nominating commission. 170
The statewide nominating co mmission shall be composed of the 171
following: 172
1. Six Five members, at least one of whom must be a member 173
of a minority group as defined in s. 288.703, one of each who 174
resides in each of the territorial jurisdictions of the district 175
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courts of appeal, appoi nted by the Board of Governors of The 176
Florida Bar from among The Florida Bar members who are engaged 177
in the practice of law. The Board of Governors shall appoint 178
members who reside in the odd -numbered district court of appeal 179
jurisdictions to 4-year terms each, beginning July 1, 1999, and 180
members who reside in the even -numbered district court of appeal 181
jurisdictions to 2-year terms each, beginning July 1, 1999. 182
Thereafter, Each member shall be appointed for a 4 -year term; 183
2. Six Five electors, at least on e of whom must be a 184
member of a minority group as defined in s. 288.703, one of each 185
who resides in each of the territorial jurisdictions of the 186
district courts of appeal, appointed by the Governor. The 187
Governor shall appoint members who reside in the odd -numbered 188
district court of appeal jurisdictions to 2 -year terms each, 189
beginning July 1, 1999, and members who reside in the even -190
numbered district court of appeal jurisdictions to 4 -year terms 191
each, beginning July 1, 1999. Thereafter, Each member shall be 192
appointed for a 4-year term; and 193
3. Six Five electors, at least one of whom must be a 194
member of a minority group as defined in s. 288.703, one of each 195
who resides in the territorial jurisdictions of the district 196
courts of appeal, selected and appointed b y a majority vote of 197
the other 10 members of the commission. A majority of the other 198
members of the commission shall appoint members who reside in 199
the odd-numbered district court of appeal jurisdictions to 2 -200
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year terms each, beginning October 1, 1999, and members who 201
reside in the even-numbered district court of appeal 202
jurisdictions to 4-year terms each, beginning October 1, 1999. 203
Thereafter, Each member shall be appointed for a 4 -year term. 204
205
A vacancy occurring on the commission shall be filled by the 206
original appointing authority for the unexpired balance of the 207
term. An No attorney who appears before any judge of 208
compensation claims more than four times a year is not eligible 209
to serve on the statewide nominating commission. The meetings 210
and determinations of the nominating commission as to the judges 211
of compensation claims shall be open to the public. 212
Section 12. Effective January 1, 2023, for the purpose of 213
incorporating the amendment made by this act to section 35.05, 214
Florida Statutes, in a reference thereto, subsection (1) of 215
section 29.008, Florida Statutes, is reenacted to read: 216
29.008 County funding of court -related functions.— 217
(1) Counties are required by s. 14, Art. V of the State 218
Constitution to fund the cost of communications services, 219
existing radio systems, existing multiagency criminal justice 220
information systems, and the cost of construction or lease, 221
maintenance, utilities, and security of facilities for the 222
circuit and county courts, public defenders' offices, state 223
attorneys' offices, guardian ad litem offices, and the offices 224
of the clerks of the circuit and county courts performing court -225
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related functions. For purposes of this section, the term 226
"circuit and county courts" includes the offices and staffing of 227
the guardian ad litem pr ograms, and the term "public defenders' 228
offices" includes the offices of criminal conflict and civil 229
regional counsel. The county designated under s. 35.05(1) as the 230
headquarters for each appellate district shall fund these costs 231
for the appellate division of the public defender's office in 232
that county. For purposes of implementing these requirements, 233
the term: 234
(a) "Facility" means reasonable and necessary buildings 235
and office space and appurtenant equipment and furnishings, 236
structures, real estate, easem ents, and related interests in 237
real estate, including, but not limited to, those for the 238
purpose of housing legal materials for use by the general public 239
and personnel, equipment, or functions of the circuit or county 240
courts, public defenders' offices, sta te attorneys' offices, and 241
court-related functions of the office of the clerks of the 242
circuit and county courts and all storage. The term "facility" 243
includes all wiring necessary for court reporting services. The 244
term also includes access to parking for su ch facilities in 245
connection with such court -related functions that may be 246
available free or from a private provider or a local government 247
for a fee. The office space provided by a county may not be less 248
than the standards for space allotment adopted by the Department 249
of Management Services, except this requirement applies only to 250
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facilities that are leased, or on which construction commences, 251
after June 30, 2003. County funding must include physical 252
modifications and improvements to all facilities as are re quired 253
for compliance with the Americans with Disabilities Act. Upon 254
mutual agreement of a county and the affected entity in this 255
paragraph, the office space provided by the county may vary from 256
the standards for space allotment adopted by the Department o f 257
Management Services. 258
1. As of July 1, 2005, equipment and furnishings shall be 259
limited to that appropriate and customary for courtrooms, 260
hearing rooms, jury facilities, and other public areas in 261
courthouses and any other facility occupied by the courts , state 262
attorneys, public defenders, guardians ad litem, and criminal 263
conflict and civil regional counsel. Court reporting equipment 264
in these areas or facilities is not a responsibility of the 265
county. 266
2. Equipment and furnishings under this paragraph in 267
existence and owned by counties on July 1, 2005, except for that 268
in the possession of the clerks, for areas other than 269
courtrooms, hearing rooms, jury facilities, and other public 270
areas in courthouses and any other facility occupied by the 271
courts, state attorneys, and public defenders, shall be 272
transferred to the state at no charge. This provision does not 273
apply to any communications services as defined in paragraph 274
(f). 275
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(b) "Construction or lease" includes, but is not limited 276
to, all reasonable and neces sary costs of the acquisition or 277
lease of facilities for all judicial officers, staff, jurors, 278
volunteers of a tenant agency, and the public for the circuit 279
and county courts, the public defenders' offices, state 280
attorneys' offices, and for performing the court-related 281
functions of the offices of the clerks of the circuit and county 282
courts. This includes expenses related to financing such 283
facilities and the existing and future cost and bonded 284
indebtedness associated with placing the facilities in use. 285
(c) "Maintenance" includes, but is not limited to, all 286
reasonable and necessary costs of custodial and groundskeeping 287
services and renovation and reconstruction as needed to 288
accommodate functions for the circuit and county courts, the 289
public defenders' office s, and state attorneys' offices and for 290
performing the court -related functions of the offices of the 291
clerks of the circuit and county court and for maintaining the 292
facilities in a condition appropriate and safe for the use 293
intended. 294
(d) "Utilities" means all electricity services for light, 295
heat, and power; natural or manufactured gas services for light, 296
heat, and power; water and wastewater services and systems, 297
stormwater or runoff services and systems, sewer services and 298
systems, all costs or fees assoc iated with these services and 299
systems, and any costs or fees associated with the mitigation of 300
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environmental impacts directly related to the facility. 301
(e) "Security" includes but is not limited to, all 302
reasonable and necessary costs of services of law en forcement 303
officers or licensed security guards and all electronic, 304
cellular, or digital monitoring and screening devices necessary 305
to ensure the safety and security of all persons visiting or 306
working in a facility; to provide for security of the facility, 307
including protection of property owned by the county or the 308
state; and for security of prisoners brought to any facility. 309
This includes bailiffs while providing courtroom and other 310
security for each judge and other quasi -judicial officers. 311
(f) "Communications services" are defined as any 312
reasonable and necessary transmission, emission, and reception 313
of signs, signals, writings, images, and sounds of intelligence 314
of any nature by wire, radio, optical, audio equipment, or other 315
electromagnetic systems and i ncludes all facilities and 316
equipment owned, leased, or used by judges, clerks, public 317
defenders, state attorneys, guardians ad litem, criminal 318
conflict and civil regional counsel, and all staff of the state 319
courts system, state attorneys' offices, public d efenders' 320
offices, and clerks of the circuit and county courts performing 321
court-related functions. Such system or services shall include, 322
but not be limited to: 323
1. Telephone system infrastructure, including computer 324
lines, telephone switching equipment, and maintenance, and 325
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facsimile equipment, wireless communications, cellular 326
telephones, pagers, and video teleconferencing equipment and 327
line charges. Each county shall continue to provide access to a 328
local carrier for local and long distance service and s hall pay 329
toll charges for local and long distance service. 330
2. All computer networks, systems and equipment, including 331
computer hardware and software, modems, printers, wiring, 332
network connections, maintenance, support staff or services 333
including any county-funded support staff located in the offices 334
of the circuit court, county courts, state attorneys, public 335
defenders, guardians ad litem, and criminal conflict and civil 336
regional counsel; training, supplies, and line charges necessary 337
for an integrated co mputer system to support the operations and 338
management of the state courts system, the offices of the public 339
defenders, the offices of the state attorneys, the guardian ad 340
litem offices, the offices of criminal conflict and civil 341
regional counsel, and the offices of the clerks of the circuit 342
and county courts; and the capability to connect those entities 343
and reporting data to the state as required for the transmission 344
of revenue, performance accountability, case management, data 345
collection, budgeting, and a uditing purposes. The integrated 346
computer system shall be operational by July 1, 2006, and, at a 347
minimum, permit the exchange of financial, performance 348
accountability, case management, case disposition, and other 349
data across multiple state and county infor mation systems 350
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involving multiple users at both the state level and within each 351
judicial circuit and be able to electronically exchange judicial 352
case background data, sentencing scoresheets, and video evidence 353
information stored in integrated case manageme nt systems over 354
secure networks. Once the integrated system becomes operational, 355
counties may reject requests to purchase communications services 356
included in this subparagraph not in compliance with standards, 357
protocols, or processes adopted by the board e stablished 358
pursuant to former s. 29.0086. 359
3. Courier messenger and subpoena services. 360
4. Auxiliary aids and services for qualified individuals 361
with a disability which are necessary to ensure access to the 362
courts. Such auxiliary aids and services includ e, but are not 363
limited to, sign language interpretation services required under 364
the federal Americans with Disabilities Act other than services 365
required to satisfy due -process requirements and identified as a 366
state funding responsibility pursuant to ss. 29 .004, 29.005, 367
29.006, and 29.007, real -time transcription services for 368
individuals who are hearing impaired, and assistive listening 369
devices and the equipment necessary to implement such 370
accommodations. 371
(g) "Existing radio systems" includes, but is not l imited 372
to, law enforcement radio systems that are used by the circuit 373
and county courts, the offices of the public defenders, the 374
offices of the state attorneys, and for court -related functions 375
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of the offices of the clerks of the circuit and county courts. 376
This includes radio systems that were operational or under 377
contract at the time Revision No. 7, 1998, to Art. V of the 378
State Constitution was adopted and any enhancements made 379
thereafter, the maintenance of those systems, and the personnel 380
and supplies necessary for operation. 381
(h) "Existing multiagency criminal justice information 382
systems" includes, but is not limited to, those components of 383
the multiagency criminal justice information system as defined 384
in s. 943.045, supporting the offices of the circui t or county 385
courts, the public defenders' offices, the state attorneys' 386
offices, or those portions of the offices of the clerks of the 387
circuit and county courts performing court -related functions 388
that are used to carry out the court -related activities of t hose 389
entities. This includes upgrades and maintenance of the current 390
equipment, maintenance and upgrades of supporting technology 391
infrastructure and associated staff, and services and expenses 392
to assure continued information sharing and reporting of 393
information to the state. The counties shall also provide 394
additional information technology services, hardware, and 395
software as needed for new judges and staff of the state courts 396
system, state attorneys' offices, public defenders' offices, 397
guardian ad litem off ices, and the offices of the clerks of the 398
circuit and county courts performing court -related functions. 399
Section 13. Effective January 1, 2023, for the purpose of 400
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incorporating the amendment made by this act to section 35.05, 401
Florida Statutes, in a ref erence thereto, subsection (1) of 402
section 35.051, Florida Statutes, is reenacted to read: 403
35.051 Subsistence and travel reimbursement for judges 404
with alternate headquarters. — 405
(1)(a) A district court of appeal judge is eligible for 406
the designation of a county courthouse or another appropriate 407
facility in his or her county of residence as his or her 408
official headquarters for purposes of s. 112.061 if the judge 409
permanently resides more than 50 miles from: 410
1. The appellate district's headquarters as prescribed 411
under s. 35.05(1), if the judge is assigned to such 412
headquarters; or 413
2. The appellate district's branch headquarters 414
established under s. 35.05(2), if the judge is assigned to such 415
branch headquarters. 416
417
The official headquarters may serve only as the judge's private 418
chambers. 419
(b)1. A district court of appeal judge for whom an 420
official headquarters is designated in his or her county of 421
residence under this subsection is eligible for subsistence at a 422
rate to be established by the Chief Justice for each day or 423
partial day that the judge is at the headquarters or branch 424
headquarters of his or her appellate district to conduct court 425
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business, as authorized by the chief judge of that district 426
court of appeal. The Chief Justice may authorize a judge to 427
choose between subsistence based on lodging at a single -428
occupancy rate and meal reimbursement as provided in s. 112.061 429
and subsistence at a fixed rate prescribed by the Chief Justice. 430
2. In addition to sub sistence, a district court of appeal 431
judge is eligible for reimbursement for travel expenses as 432
provided in s. 112.061(7) and (8) for travel between the judge's 433
official headquarters and the headquarters or branch 434
headquarters of the appellate district to conduct court 435
business. 436
(c) Payment of subsistence and reimbursement for travel 437
expenses between the judge's official headquarters and the 438
headquarters or branch headquarters of his or her appellate 439
district shall be made to the extent that appropriated funds are 440
available, as determined by the Chief Justice. 441
Section 14. All property, including equipment, 442
furnishings, artwork, and fixtures, located at the Lakeland 443
headquarters of the current Second District Court of Appeal or 444
being used by employees a ssigned to the Lakeland headquarters 445
must remain in Lakeland and must be transferred to the Sixth 446
District Court of Appeal unless the Office of the State Courts 447
Administrator determines that such property is critical to the 448
continuing operations of the Sec ond District Court of Appeal. 449
Section 15. No judicial vacancy may be deemed to occur as 450
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a result of the addition of a sixth appellate district or 451
district realignment under this act. Effective January 1, 2023, 452
a current district court of appeal judge r esiding in a county, 453
the district of which is realigned under this act, shall be a 454
district court of appeal judge of the new district where he or 455
she resided on December 22, 2021. On January 1, 2023, the 456
Governor shall recommission any judge whose district was 457
modified by the realignment of districts pursuant to this act; 458
except that, the recommission of any judge whose district is 459
modified by the realignment of districts and is seeking 460
retention to office at the 2022 general election, and is 461
retained by the voters at such election, shall occur January 3, 462
2023. 463
Section 16. Notwithstanding the amendments made to s. 464
35.05(1), Florida Statutes, by this act, until the Second 465
Appellate District occupies the courthouse authorized in proviso 466
accompanying Specific Appropriation 3147A of chapter law 2021 -467
36, Laws of Florida, the district headquarters may be located in 468
the Thirteenth Judicial circuit, Hillsborough County. 469
Section 17. To ensure compliance with the residency 470
requirements that members of judicial nominating commissions 471
must meet at the time of their appointment, the terms of all 472
members of the judicial nominating commissions of the First 473
District Court of Appeal, the Second District Court of Appeal, 474
and the Fifth District Court of Appeal are hereby terminated. 475
ENROLLED
CS/HB 7027, Engrossed 1 2022 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb7027-03-er
Page 20 of 20
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 Governor shall make appointments to these three commissions 476
and to the new Sixth District Court of Appeal nominating 477
commissions in the following manner: 478
(1) Three appointments for terms ending July 1, 2023, one 479
of which shall be an appo intment selected from nominations 480
submitted by the Board of Governors of The Florida Bar pursuant 481
to s. 43.291(1)(a), Florida Statutes. 482
(2) Three appointments for terms ending July 1, 2024, one 483
of which shall be an appointment selected from nominations 484
submitted by the Board of Governors of The Florida Bar pursuant 485
to s. 43.291(1)(a), Florida Statutes. 486
(3) Three appointments for terms ending July 1, 2026, two 487
of which shall be an appointment selected from nominations 488
submitted by the Board of Governors of The Florida Bar pursuant 489
to s. 43.291(1)(a), Florida Statutes. 490
491
Every subsequent appointment, except an appointment to fill a 492
vacant, unexpired term, shall be for four years. Current members 493
of the First, Second, and Fifth Judicial Nominating Commission s 494
may apply for appointment to the commission serving the 495
territorial jurisdiction where they reside. 496
Section 18. Except as otherwise expressly provided in this 497
act, this act shall take effect upon becoming a law. 498