This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h5401z1.DOCX
DATE: 5/17/2024
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: HB 5401 PCB JUA 24-01 Judges
SPONSOR(S): Justice Appropriations Subcommittee, Brannan
TIED BILLS: IDEN./SIM. BILLS: SB 2514
FINAL HOUSE FLOOR ACTION: 115 Y’s
0 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
HB 5401 passed the House on March 8, 2024, as amended, and subsequently passed the Senate on March 8,
2024.
The Supreme Court of Florida issued Order No. SC2023-1586, dated November 30, 2023, certifying the need
for one new circuit court judgeship in the Twentieth Judicial Circuit, two new county court judgeships in
Hillsborough County, and three new county court judgeships in Orange County.
Article V, section 9 of the Florida Constitution states that the Legislature may reject the recommendations or
implement the recommendations of the Supreme Court in whole or in part.
HB 5401 amended ss. 26.031 and 34.022, F.S., to establish one new circuit court judgeship in the First Judicial
Circuit, one new circuit court judgeship in the Twentieth Judicial Circuit, one new county court judgeship in
Columbia County, one new county court judgeship in Santa Rosa County, two new county court judgeships in
Hillsborough County, and three new county court judgeships in Orange County.
The General Appropriations Act for Fiscal Year 2024-2025 authorizes twenty full-time equivalent positions with
associated salary rate of 2,219,713 and includes $3,749,038 in General Revenue funding to establish the
additional circuit and county court judgeships and associated judicial assistant staffing. See Fiscal Impact &
Economic Impact Statement.
The bill was approved by the Governor on May 16, 2024, ch. 2024-194, L.O.F., and will become effective on
July 1, 2024.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Article V, section 9 of the Florida Constitution states:
Determination of number of judges.—The supreme court shall 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. If the supreme court finds that a need exists for
increasing or decreasing the number of judges or increasing, decreasing or redefining appellate
districts and judicial circuits, it shall, prior to the next regular session of the legislature, certify to
the legislature its findings and recommendations concerning such need. Upon receipt of such
certificate, the legislature, at the next regular session, shall consider the findings and
recommendations and may reject the recommendations or by law implement the
recommendations in whole or in part; provided the legislature may create more judicial offices
than are recommended by the supreme court or may decrease the number of judicial offices by
a greater number than recommended by the court only upon a finding of two-thirds of the
membership of both houses of the legislature, that such a need exists.
To determine a need for trial court judgeships, the Office of State Courts Administrator (OSCA) relies
on an analysis of weighted caseload filings per judge. In 1999, at the request of the Legislature, OSCA
contracted with the National Center for State Courts (NCSC) to develop and validate a Delphi-based
Weighted Caseload System.
1
The weighted caseload system assigns a time value to cases by their case type, based on the various
kinds and complexity of the cases that are filed. The case type time value, or case weight, establishes
an approximate workload value per case filing by case type, which is used to determine the number of
judges required to handle these cases. The weighted caseload system is revised periodically to
account for changes in procedure and case complexity. The system was updated by OSCA and NCSC
in 2007, and most recently in 2016.
The Supreme Court issued Order No. SC2023-1586, dated November 30, 2023, in regard to the
certification of need for additional judges. In the certification, the Court recommended one new circuit
court judgeship in the Twentieth Judicial Circuit, two new county court judgeships in Hillsborough
County, and three new county court judgeships in Orange County.
Article V, section 11 of the Florida Constitution requires the Governor to fill judicial office vacancies by
appointment from a list of candidates nominated by a judicial nominating commission
2
, for a term
ending on the first Tuesday after the first Monday in January of the year following the next general
election occurring at least one year after the date of appointment.
1
National Center for State Courts, Florida Judicial Workload Assessment Final Report, Office of the State Courts Administrator (May
16, 2016), http://www.flcourts.org/core/fileparse.php/558/urlt/Final-Florida-Judicial-Workload-Assessment-Final-report.pdf (last visited
Mar. 3, 2024.)
2
Article V, section 20, subsection (5) of the Florida Constitution states that each judicial nomination commission shall be composed of
nine members. Three members must be appointed by the Board of Governors of The Florida Bar from among The Florida Bar members
who are actively engaged in the practice of law with offices within the territorial jurisdiction of the affected court, district or circuit. Three
electors must reside in the territorial jurisdiction of the court or circuit appointed by the governor. And three of the electors must reside
in the territorial jurisdiction of the court or circuit and who are not members of the bar of Florida, selected and appointed by a majority
vote of the other six members of the commission.
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Effect of the Bill
HB 5401 established one new circuit court judgeship in the First Judicial Circuit, one new circuit court
judgeship in the Twentieth Judicial Circuit, one new county court judgeship in Columbia County, one
new county court judgeship in Santa Rosa County, two new county court judgeships in Hillsborough
County, and three new county court judgeships in Orange County.
The bill will become effective July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The General Appropriations Act for Fiscal Year 2024-2025 (HB 5001) authorizes twenty full-time
equivalent positions with associated salary rate of 2,219,713 and includes $3,749,038 in General
Revenue funding to establish the additional circuit and county court judgeships and associated
judicial assistant staffing.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The cost of county judges and judicial assistants are paid for by the state. Under s. 29.008, F.S.,
counties are responsible for facilities, security, communications and information technology costs
for county courts. The bill could result in additional costs in these areas, to the extent that county
courts will be receiving additional judges and associated staff, however, any additional costs
associated with the newly established positions can likely be absorbed within existing resources.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.