Florida 2024 Regular Session

Florida House Bill H0457 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 457 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	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
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14	14	A bill to be entitled 1
15	15	An act relating to the district courts of appeal; 2
16	16	expressing the intent of the Legislature relating to 3
17	17	excess judicial capacity in certain appellate 4
18	18	districts; amending s. 35.06, F.S.; providing for the 5
19	19	reduction in the number of judges on the First 6
20	20	District Court of Appeal and the Second District Court 7
21	21	of Appeal upon the occurrence of an event that 8
22	22	otherwise would have resulted in a judicial vacancy; 9
23	23	providing a limitation on the automatic reduction of 10
24	24	judges on the First District Court of Appeal and the 11
25	25	Second District Court of Appeal; requiring the Chief 12
26	26	Justice of the Supreme Court to notify the Governor 13
27	27	and the Legislature of the occurrence of a specified 14
28	28	event; providing an effective date. 15
29	29	16
30	30	Be It Enacted by the Legislature of the State of Florida: 17
31	31	18
32	32	Section 1. It is the intent of the Legislature to 19
33	33	establish a process to address excess judicial capacity in the 20
34	34	First District Court of Appeal and the S econd District Court of 21
35	35	Appeal, resulting from changes made to the jurisdictional 22
36	36	boundaries of appellate districts to create the Sixth District 23
37	37	Court of Appeal. Chapter 2022 -163, Laws of Florida, which 24
38	38	reorganized the appellate districts to create the Six th District 25
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40	40	HB 457 2024
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0457-00
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47	47	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
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51	51	Court of Appeal and revised the number of judges in affected 26
52	52	districts, reflects the policy of the Legislature to allow a 27
53	53	judge who may have been otherwise affected by the jurisdictional 28
54	54	boundary changes to continue serving in the district, as 29
55	55	reconfigured, where he or she resided before the creation of the 30
56	56	Sixth District Court of Appeal. To address excess judicial 31
57	57	capacity in the First District Court of Appeal and in the Second 32
58	58	District Court of Appeal consistent with this policy, this act 33
59	59	reduces the number of statutorily authorized judgeships in these 34
60	60	districts based on attrition and without requiring a judge to 35
61	61	vacate his or her position involuntarily. This process is 36
62	62	consistent with the Florida Supreme Court's recommendation in In 37
63	63	re Certification of Need for Additional Judges , Opinion No. 38
64	64	SC22-1621 (Dec. 22, 2022), the Court's opinion addressing the 39
65	65	need to increase or decrease the number of judges in the 2023 -40
66	66	2024 fiscal year. 41
67	67	Section 2. Subsections (1) and (2) of section 35.06, 42
68	68	Florida Statutes, are amended to read: 43
69	69	35.06 Organization of district courts of appeal. —A 44
70	70	district court of appeal shall be organized in each of the six 45
71	71	appellate districts to be named District Court of Appeal, .... 46
72	72	District. The number of judges of each distri ct court of appeal 47
73	73	shall be as follows: 48
74	74	(1)(a) In the first district there shall be 13 judges. 49
75	75	(b) Notwithstanding paragraph (a), upon the occurrence of 50
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77	77	HB 457 2024
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0457-00
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84	84	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
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88	88	an event that otherwise would have resulted in a vacancy in the 51
89	89	office of judge of the first distri ct, the number of judges is 52
90	90	reduced by 1, and in the first district there shall be 12 53
91	91	judges. 54
92	92	(2)(a) In the second district there shall be 15 judges. 55
93	93	(b) Notwithstanding paragraph (a), upon each occurrence of 56
94	94	an event that otherwise would have resulted in a vacancy in the 57
95	95	office of judge of the second district, the number of judges is 58
96	96	reduced by 1 until 12 judges remain, and in the second district 59
97	97	there shall be 12 judges. 60
98	98	Section 3. The Chief Justice of the Supreme Court shall 61
99	99	notify the Governor, the President of the Senate, and the 62
100	100	Speaker of the House of Representatives of the occurrence of an 63
101	101	event that otherwise would have resulted in a vacancy in the 64
102	102	office of judge of the First District Court of Appeal or the 65
103	103	Second District Court of Appeal a s provided in s. 35.06(1) and 66
104	104	(2), Florida Statutes, respectively. 67
105	105	Section 4. This act shall take effect upon becoming a law. 68