The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: SB 2522
INTRODUCER: Appropriations Committee
SUBJECT: District Courts of Appeal
DATE: February 10, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
Dale Harkness AP Submitted as Comm. Bill/Fav
I. Summary:
SB 2522 creates a sixth appellate district court of appeal, which will have its headquarters in the
Tenth Judicial Circuit, Lakeland, Polk County. The bill realigns the judicial circuits within the
existing First, Second, and Fifth districts and creates a sixth district composed of the Ninth,
Tenth, and Twentieth circuits. The Third and Fourth districts remain unchanged.
Under the bill, the First DCA will decrease from 15 appellate judges to 13; the Second DCA will
decrease from 16 appellate judges to 12; the Fifth DCA will increase from 11 appellate judges to
12; and the Sixth DCA will have 12 appellate judges. The bill ultimately adds a total of seven
new appellate judgeships overall.
The bill makes conforming changes to account for the creation of the sixth district and provides
for the addition of a sixth office for the appellate public defender and the Criminal Conflict and
Civil Regional Counsel. The bill also recognizes the addition of a judicial nominating
commission for the sixth district.
The bill also authorizes the Chief Justice of the Supreme Court to implement a pilot program
under which the Fifth and Sixth District Courts of Appeal are to provide for remote court
proceedings from their alternate headquarters.
The overall fiscal impact from creating a sixth DCA and changing the existing boundaries of the
appellate districts is unknown, but is expected to have a significant fiscal impact on the General
Revenue Fund. The State Courts System, with input from its District Court of Appeal Budget
Commission, is assisting to identify specific facility, staffing and operational needs and such
information is forthcoming. See Section V. Fiscal Impact Statement.
REVISED: BILL: SB 2522 Page 2
II. Present Situation:
Florida Court System
Florida’s court system consists of two trial-level courts and two appellate-level courts. The trial-
level courts consist of 67 county courts and 20 circuit courts.
1
The appellate-level courts consist
of the Supreme Court and five district courts of appeal.
2
Each of Florida’s 67 counties has at
least one county court judge.
3
County courts hear violations of municipal and county ordinances,
traffic offenses, landlord-tenant disputes, misdemeanor criminal matters, simplified dissolution
of marriage cases, and monetary disputes involving an amount in controversy up to and
including $30,000.
4
Circuit courts hear all criminal and civil matters not within the jurisdiction of
the county court, including family law, dependency, juvenile delinquency, mental health,
probate, guardianship matters, and civil matters involving an amount in controversy exceeding
$30,000.
5
The majority of trial court decisions that are appealed are reviewed by the district courts of
appeal (DCAs). The DCAs decide most appeals from circuit court cases and many administrative
law appeals from actions by the executive branch. DCAs must also review county court
decisions invalidating a provision of Florida’s constitution or statutes
6
and may hear decisions of
a county court that are certified by the county court to be of great public importance.
7
The
Supreme Court is the highest court in Florida and has mandatory jurisdiction over all death
penalty cases, district court decisions declaring a state statute or provision of the state
constitution invalid, bond validations, rules of court procedure, and statewide agency actions
relating to public utilities.
8
The current appellate districts are organized as follows:
9
Appellate District Circuits
First DCA 1, 2, 3, 4, 8, 14
Second DCA 6, 10, 12, 13, 20
Third DCA 11, 16
Fourth DCA 15, 17, 19
Fifth DCA 5, 7, 9, 18
1
See Art. V, ss. 5 and 6, Fla. Const.
2
2019-2020 Florida State Courts Annual Report, The Supreme Court of Florida, available at
https://www.flcourts.org/Publications-Statistics/Publications/Annual-Reports.
3
Art. V, s. 6(a), Fla. Const.
4
See Art. V, s. 6(b), Fla. Const; s. 34.01, F.S
5
See Art. V, s. 5(b), Fla. Const.; s. 26.012, F.S
6
Section 35.065, F.S.
7
Section 35.065, F.S
8
Ch. V, s. 3(b), Fla. Const.
9
See ss. 35.01-35.043, F.S. BILL: SB 2522 Page 3
DCA Headquarters
Section 35.05(1), F.S., designates the following official headquarters for the five DCAs:
First DCA: Second Judicial Circuit, Tallahassee, Leon County.
Second DCA: Tenth Judicial Circuit, Lakeland, Polk County.
Third DCA: Eleventh Judicial Circuit, Miami-Dade County.
Fourth DCA: Fifteenth Judicial Circuit, Palm Beach County.
Fifth DCA: Seventh Judicial Circuit, Daytona Beach, Volusia County.
Additionally, section 35.05(2), F.S., provides that a DCA may designate other locations within
the district as branch headquarters. Under section 35.051, F.S., a DCA judge who lives more
than 50 miles from his or her DCA courthouse or designated branch DCA location is eligible to
have a personal headquarters and to be reimbursed for trips between these locations in a manner
similar to Supreme Court justices.
10
The personal headquarters, which may serve only as judicial chambers and must be used for
official judicial business, may be in any appropriate facility, including a county courthouse.
11
However, no county is required to provide space to a DCA judge for his or her personal
10
Section 35.051(1), F.S
11
Section. 35.051(1)(a), F.S. BILL: SB 2522 Page 4
headquarters.
12
The DCA may agree with a county regarding the use of courthouse space, but
state funds shall not be used to lease the space.
13
Judicial Vacancies
Article V, section 11 of the Florida Constitution provides the process for filling a judicial
vacancy. Pursuant to the Florida Constitution, whenever a vacancy occurs in a judicial office to
which election for retention applies, the Governor shall fill the vacancy by appointing a
candidate nominated by the appropriate judicial nominating commission.
14
Supreme Court Certification Process
Currently, Florida’s DCAs are divided into five appellate districts and employ 64 appellate
judges throughout the state.
15
Article V, section 9 of the Florida Constitution authorizes the
Supreme Court to establish, by rule, “uniform criteria for the determination of the need for
additional judges except supreme court justices, the necessity for decreasing the number of
judges and for increasing, decreasing or redefining appellate districts and judicial circuits.” The
Florida Constitution further provides that if the Supreme Court finds that a need exists for such
action, the Supreme Court shall, prior to the next regular legislative session, certify to the
legislature its findings and recommendations concerning such a need.
16
The last time an appellate district was added was in 1979 when the legislature created the Fifth
DCA and increased the number of judges in each appellate district. The First DCA increased
from 7 to 9 judges; the Second, Third and Fourth DCAs increased from 7 to 8 judges; and the
newly-created Fifth DCA was allotted 6 judges.
17
18
Pursuant to Rule 2.241 of the Florida Rules of Judicial Administration, the chief justice is
required to appoint a committee at least once every eight years
19
to assess the capacity of the
district courts to effectively fulfill their constitutional and statutory duties. The appointed
committee must make a recommendation to the Supreme Court concerning the decisions that it
12
Section 35.051(3)(a), F.S.
13
Section 35.051(3)(b), F.S.
14
Art. V, s. 11(a), Fla. Const.
15
See s. 35.01, F.S.
16
Art. V, s. 9, Fla. Const.
17
Ch. 79-413, Laws of Fla.
18
See Ch. 79-413, Laws of Fla., (creating s. 35.063, F.S., and providing that a district court of appeal judge residing in
realigned country, may, at his option, “be a judge of the new district or remain with the present district by serving sworn
notice, within one month of the effective date of the act, of intent to change residence in order to continue to serve the district
in which he is presently serving.”)
19
Rule 2.241, Fla. R. Jud. Admin. BILL: SB 2522 Page 5
should make with respect to the certification process.
20
The last time a committee conducted a
DCA jurisdictional assessment was in 2006.
21
On May 6, 2021, Chief Justice Canady issued an administrative order creating the District Court
of Appeal Workload and Jurisdiction Assessment Committee (“the Committee”).
22
The
Committee directed its evaluation based on five factors: effectiveness, efficiency, access to
appellate review, professionalism, and public trust and confidence. The Committee met a total of
six times and solicited input in the form of surveys, a public hearing, and additional outreach
from appellate judges, non-appellate judges, attorneys, litigants, Department of Corrections
(DOC) inmates, and the public.
23
The majority of the Committee recommended adding at least one new appellate district to the
Florida court system. On November 24, 2021, in response to the Committee’s report and
recommendations, the Florida Supreme Court issued two opinions certifying the need for one
additional county court judge in Lake County and the creation of a sixth appellate district.
According to the Florida Supreme Court, the primary rationale for the creation of a sixth
appellate district was that the creation of such would promote public trust and confidence.
24
Specifically, according to the Florida Supreme Court and the District Court of Appeal Workload
and Jurisdiction Assessment Committee, an additional appellate district would help provide
adequate access to oral arguments and other proceedings, foster public trust and confidence
based on geography and demographic composition, and attract a diverse group of well-qualified
applicants for judicial vacancies including applicants from all circuits within each district.
25
The
Florida Supreme Court also certified a need for six additional appellate judgeships and one
additional county court judgeship in Lake County. The Supreme Court did not decertify any
county, circuit, or appellate judgeships.
26
On December 22, 2021, the Supreme Court issued a supplemental opinion, in which it certified
the need for one more district court judgeship, for a total of seven new district court judgeships
20
The certification process balances the potential impact and disruption caused by changes in appellate districts against the
need to address circumstances that limit the quality and efficiency of, and public confidence in, the appellate review process.
Given the impact and disruption that can arise from any alteration in judicial structure, prior to recommending a change in
districts, the assessment committee and the supreme court shall consider less disruptive adjustments including, but not limited
to, the addition of judges, the creation of branch locations, geographic or subject-matter divisions within districts, deployment
of new technologies, and increased ratios of support staff per judge. Rule 2.241(c), Fla. R. Jud. Admin.
21
Final Report and Recommendations, District Court of Appeal Workload and Jurisdiction Assessment Committee (Sept. 30,
2021), available at https://www.flcourts.org/content/download/791118/file/dca-assessment-Committee-Final-Report.pdf at p.
3.
22
In Re: District Court of Appeal Workload and Assessment Committee, Fla. Admin. Order No. AOSC21-13 (May 6, 2021).
23
Further information regarding the committee’s process and findings can be found in the District Court of Appeal Workload
and Jurisdiction Assessment Committee Final Report and Recommendations issued September 30, 2021, and available at
https://www.flcourts.org/content/download/791118/file/dca-assessment-Committee-Final-Report.pdf (last visited on Feb. 2,
2022).
24
In Re: Redefinition of Appellate Districts and Certification of Need for Additional Appellate Judges, Supreme Court of
Florida No. SC21-1543, (Supp. Opinion Dec. 22, 2021).
25
Id. Citing to Assessment Committee Report at 3-4.
26
In Re: Redefinition of Appellate Districts and Certification of Need for Additional Appellate Judges, Supreme Court of
Florida No. SC21-1543 (Nov. 24, 2021). BILL: SB 2522 Page 6
overall.
27
The Court left unchanged its previous certifications with respect to the district and
circuit realignments.
28
The Office of Criminal Conflict and Civil Regional Counsel
The Office of Criminal Conflict and Civil Regional Counsel (“regional counsel’s office”) serves
indigent clients who are entitled by law to taxpayer-funded legal representation.
29
These clients
may be involved in criminal or civil cases.
The Office of the Public Defender represents indigent criminal defendants initially. However, if
the public defender’s office determines that it cannot represent a defendant because of a conflict
of interests, it must move for the court to withdraw as counsel. If the court grants the motion,
then the court may appoint the regional counsel’s office to represent the client.
30
The regional
counsel also is responsible for representation in certain civil matters set forth in statute, including
capacity and dependency proceedings. Also, the regional counsel may represent a client in any
other matter in which the client is constitutionally entitled to representation.
31
There are five regional counsel offices, one for each of Florida’s five appellate districts. Just as
each public defender’s office has one public defender and several assistant public defenders,
each regional counsel’s office is led by a regional counsel and staffed by several assistant
regional counsels.
32
Each regional counsel is appointed by the Governor to a 4-year term.
33
Judicial Nominating Commissions
Judicial Nominating Commissions (JNCs) select nominees to fill judicial vacancies within the
Florida court system.
34
There are twenty-seven separate JNCs: one for the Florida Supreme
Court; one for each of the five appellate districts;
35
one for each of Florida’s twenty judicial
circuits; and one Statewide Commission for Judges of Compensation Claims.
36
The JNCs are
required to operate in accordance with the Uniform Rules of Procedure applicable to each level
of JNC.
37
JNC members serve four-year terms, except when an appointment is made to fill a
vacant, unexpired term.
38
39
27
In Re: Redefinition of Appellate Districts and Certification of Need for Additional Appellate Judges, Supreme Court of
Florida No. SC21-1543, (Supp. Opinion Dec. 22, 2021).
28
Id.
29
Section 27.511, F.S.
30
Section 27.511(5), F.S.
31
Section 27.511(6)(a), F.S.
32
Section 27.511(4), F.S.
33
Section 27.511(3)(a), F.S.
34
Executive Office of the Governor (Florida), Judicial and Judicial Nominating Commission Information,
https://www.flgov.com/judicial-and-judicial-nominating-commission-information/ (last visited Feb. 2, 2022).
35
Section 43.291, F.S.
36
Executive Office of the Governor (Florida), Judicial and Judicial Nominating Commission Information,
https://www.flgov.com/judicial-and-judicial-nominating-commission-information/ (last visited Feb. 2, 2022).
37
Id.
38
Id.
39
See Art. V, ss. 11 and 20, Fla. Const. BILL: SB 2522 Page 7
Office of the Judges of Compensation Claims
The Office of the Judges of Compensation Claims (OJCC) is responsible for the mediation and
adjudication of disputes over workers compensation benefits.
40
Each Judge of Compensation
Claims is appointed by the Governor for a four-year term, based upon a list of three persons
recommended by the Statewide Judicial Nominating Commission.
41
Per s. 440.45, F.S., this
commission is composed of 15 electors as follows:
Five members, at least one of whom must be a member of a minority group as defined in
s. 288.703, one of each who resides in each of the territorial jurisdictions of the district courts
of appeal, appointed by the Board of Governors of The Florida Bar from among The Florida
Bar members who are engaged in the practice of law.
Five electors, at least one of whom must be a member of a minority group as defined in
s. 288.703, one of each who resides in each of the territorial jurisdictions of the district courts
of appeal, appointed by the Governor.
Five electors, at least one of whom must be a member of a minority group as defined in
s. 288.703, one of each who resides in the territorial jurisdictions of the district courts of
appeal, selected and appointed by a majority vote of the other 10 members of the
commission.
42
III. Effect of Proposed Changes:
Creation of a Sixth Appellate District and Realignment of Existing Districts (Sections 1
through 5)
The bill realigns the territorial jurisdictions of the district courts of appeal and establishes a Sixth
District Court of Appeal, effective January 1, 2023, as follows:
Realigns the First Appellate District to remove the Fourth Judicial Circuit (Clay, Duval, and
Nassau counties).
Realigns the Second Appellate District to remove the Tenth (Hardee, Highlands, and Polk
counties) and the Twentieth (Charlotte, Collier, Glades, Hendry, and Lee counties) judicial
circuits. The bill also moves the headquarters for the Second Appellate District to the Sixth
Judicial Circuit (Pinellas County).
Does not make changes to the Third or Fourth Appellate Districts.
Realigns the Fifth Appellate District to add the Fourth Judicial Circuit (Clay, Duval, and
Nassau counties) and remove the Ninth Judicial Circuit (Orange and Osceola counties)
Establishes a Sixth Appellate District headquartered in the Tenth Judicial Circuit (Lakeland,
Polk County), which includes the Ninth (Orange and Osceola counties), the Tenth (Hardee,
Highlands, and Polk counties), and Twentieth (Charlotte, Collier, Glades, Hendry, and Lee
counties) judicial circuits.
40
See s. 440.45, F.S.
41
Section 440.45(2)(a), F.S.
42
Section 440.45(1)(b), F.S BILL: SB 2522 Page 8
DCA Current Circuits
Realigned
Circuits
First DCA 1, 2, 3, 4, 8, 14 1, 2, 3, 8, 14
Second DCA 6, 10, 12, 13, 20 6, 12, 13
Third DCA 11, 16 11, 16
Fourth DCA 15, 17, 19 15, 17, 19
Fifth DCA 5, 7, 9, 18 4, 5, 7, 18
Sixth DCA N/A 9, 10, 20
Realignment of District Headquarters (Section 6)
Based upon the addition of the new sixth appellate district, the bill reorganizes the existing
appellate headquarters by changing the second appellate district from the Tenth Judicial Circuit,
Lakeland, Polk County, to the Sixth Judicial Circuit, Pinellas County, and accordingly appoints
the Tenth Judicial Circuit, Lakeland, Polk County as the headquarters of the newly created sixth
district.
Addition and Realignment of Appellate Judges (Section 7)
Based upon the addition of the new sixth appellate district, the bill reorganizes the existing
appellate judges and adds a total of seven new appellate judges statewide. In accordance with the
Supreme Court’s certification of need, the bill:
Decreases the number of appellate judges in the First DCA from 15 to 13;
Decreases the number of appellate judges in the Second DCA from 16 to 12;
Leaves the number of appellate judges in the Third DCA at 10;
Leaves the number of appellate judges in the Fourth DCA at 12;
Increases the number of appellate judges in the Fifth DCA from 11 to 12; and
Provides the newly created Sixth DCA with 12 appellate judges.
The Office of Criminal Conflict and Civil Regional Counsel, Appellate Public Defender,
and JNC (Sections 8 through 11)
The bill makes conforming changes to account for the addition of a sixth appellate district, with
respect to the offices for the appellate public defender and criminal conflict and civil regional
counsel. The bill provides for each office to have a sixth office located within the sixth appellate
district. The bill also amends s. 43.291, F.S., to recognize a sixth JNC within the sixth appellate
district and provides language to effectuate a period of transitions with regards to judicial
vacancies and nominations.
Expansion of Statewide Nominating Commission for the Office of the Judges of
Compensation Claims (Section 12)
The bill makes conforming changes to the commission responsible for selecting nominations for
the Office of the Judges of Compensation Claims by adding a total of three electors to the
commission representing the newly created sixth district. One of these three electors will be
appointed by the Board of Governors of the Florida Bar, one by the Governor, and one selected BILL: SB 2522 Page 9
and appointed by a majority vote of the other members of the commission. The bill also
eliminates language requiring the Governor to appoint members in odd-numbered district courts
of appeal to two-year terms and members who reside in even number districts to four-year terms.
Current Second District Court of Appeal property (Section 15)
The bill requires that all property located at the Lakeland headquarters of the current Second
District of Appeal must remain in Lakeland and be transferred to the Sixth District Court of
Appeal unless the Office of the State Court Administrator determines that such property is
critical to the continuing operations of the Second District Court of Appeal.
Pilot Program (Section 16)
The bill authorizes the Chief Justice of the Supreme Court to implement a pilot program under
which the Fifth and Sixth District Courts of Appeal are authorized to implement innovative
practices, incorporate leading technologies, and provide for remote court proceedings from their
alternate headquarters, as authorized in s. 35.051, F.S. The program expires June 30, 2025,
unless otherwise provided by law and the Supreme Court shall provide a report to the Governor,
the President of the Senate, and the Speaker of the House of Representatives which includes
recommendations for incorporating such practices and technology in each district.
Judicial Appointments and Commissions (Section 17)
The bill provides for a five-year transition period for the judicial representation within the
districts recognizing that the current judges’ residences will not correlate with the new district’s
geographical boundaries. The legislative intent is that territorial jurisdiction of each district court
which has been realigned shall include any contiguous district court which was also realigned.
The bill provides a process for filling judicial vacancies. First, vacancies created by the
realignment must be filled by judges presently residing in the new district whose residency has
not changed since their original appointment. If vacancies still exist, they must be filled by
judges who resided in the new district at the time of their original appointment but who have
subsequently changed their residence and currently reside in a district with excess judges. If
there are still insufficient judges to fill vacancies, the Supreme Court must assign judges from a
contiguous district with excess judges to one with insufficient judges for 1-year terms. After all
judges residing in contiguous districts have been allocated, the remaining judge vacancies shall
be appointed by the Governor.
Except as expressly provided, the bill takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None. BILL: SB 2522 Page 10
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
According to the Florida Supreme Court’s amended certification of need the total impact
for the additional DCA judges including judicial assistants and staff attorneys would be
approximately $4.3 million in general revenue funding and 28 FTE.
43
The State Courts System, with input from its District Court of Appeal Budget
Commission, is assisting to identify specific facility, staffing and operational needs and
such information is forthcoming.
There will be significant costs associated with building a new 6
th
DCA courthouse. Fifty
million dollars has been appropriated for this purpose in the Senate Proposed Bill (SPB
2500). Costs associated with an interim facility in which to operate while a more
permanent facility is considered could be partially mitigated from the creation of the
proposed pilot program.
VI. Technical Deficiencies:
None.
43
Supreme Court Supplemental Opinion No SC21-1543
https://www.floridasupremecourt.org/content/download/816724/opinion/sc21-1543.pdf (last visited Feb. 2, 2022).
BILL: SB 2522 Page 11
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 27.51, 27.511,
27.53, 29.001, 29.008, 35.01, 35.02, 35.03, 35.043, 35.05, 35.06, and 440.45.
This bill creates section 35.044 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the
bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.