HB 457 2024
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hb0457-00
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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
A bill to be entitled 1
An act relating to the district courts of appeal; 2
expressing the intent of the Legislature relating to 3
excess judicial capacity in certain appellate 4
districts; amending s. 35.06, F.S.; providing for the 5
reduction in the number of judges on the First 6
District Court of Appeal and the Second District Court 7
of Appeal upon the occurrence of an event that 8
otherwise would have resulted in a judicial vacancy; 9
providing a limitation on the automatic reduction of 10
judges on the First District Court of Appeal and the 11
Second District Court of Appeal; requiring the Chief 12
Justice of the Supreme Court to notify the Governor 13
and the Legislature of the occurrence of a specified 14
event; providing an effective date. 15
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Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. It is the intent of the Legislature to 19
establish a process to address excess judicial capacity in the 20
First District Court of Appeal and the S econd District Court of 21
Appeal, resulting from changes made to the jurisdictional 22
boundaries of appellate districts to create the Sixth District 23
Court of Appeal. Chapter 2022 -163, Laws of Florida, which 24
reorganized the appellate districts to create the Six th District 25
HB 457 2024
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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
Court of Appeal and revised the number of judges in affected 26
districts, reflects the policy of the Legislature to allow a 27
judge who may have been otherwise affected by the jurisdictional 28
boundary changes to continue serving in the district, as 29
reconfigured, where he or she resided before the creation of the 30
Sixth District Court of Appeal. To address excess judicial 31
capacity in the First District Court of Appeal and in the Second 32
District Court of Appeal consistent with this policy, this act 33
reduces the number of statutorily authorized judgeships in these 34
districts based on attrition and without requiring a judge to 35
vacate his or her position involuntarily. This process is 36
consistent with the Florida Supreme Court's recommendation in In 37
re Certification of Need for Additional Judges , Opinion No. 38
SC22-1621 (Dec. 22, 2022), the Court's opinion addressing the 39
need to increase or decrease the number of judges in the 2023 -40
2024 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 44
district court of appeal shall be organized in each of the six 45
appellate districts to be named District Court of Appeal, .... 46
District. The number of judges of each distri ct court of appeal 47
shall be as follows: 48
(1)(a) In the first district there shall be 13 judges. 49
(b) Notwithstanding paragraph (a), upon the occurrence of 50
HB 457 2024
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hb0457-00
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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
an event that otherwise would have resulted in a vacancy in the 51
office of judge of the first distri ct, the number of judges is 52
reduced by 1, and in the first district there shall be 12 53
judges. 54
(2)(a) In the second district there shall be 15 judges. 55
(b) Notwithstanding paragraph (a), upon each occurrence of 56
an event that otherwise would have resulted in a vacancy in the 57
office of judge of the second district, the number of judges is 58
reduced by 1 until 12 judges remain, and in the second district 59
there shall be 12 judges. 60
Section 3. The Chief Justice of the Supreme Court shall 61
notify the Governor, the President of the Senate, and the 62
Speaker of the House of Representatives of the occurrence of an 63
event that otherwise would have resulted in a vacancy in the 64
office of judge of the First District Court of Appeal or the 65
Second District Court of Appeal a s provided in s. 35.06(1) and 66
(2), Florida Statutes, respectively. 67
Section 4. This act shall take effect upon becoming a law. 68