Navigating With a New Map: Impact of Changes to the District Courts of Appeal Territorial Boundaries

Florida’s district court map is changing because a new Sixth District Court of Appeal has been created. The boundaries of the First, Second, and Fifth districts are also changing. This process began in May 2021 when the Supreme Court created a committee to review the districts. The committee had to file a report by October 2021. They met six times to gather and analyze data, review surveys, and hold a public hearing. The committee members used their judgment to evaluate the districts according to specific criteria. These changes will affect how courts and legal professionals work in Florida. The Florida Supreme Court recommended creating a new district court, but one justice disagreed and the bill to create the new court was passed by the legislature with some changes. The new district court will have seven additional judges and the headquarters for the two district courts will switch locations. The law changed the way public defenders are appointed for some districts. The governor also made changes to the judicial nominating commissions. The governor signed the bill into law, but did not approve the budget for new court buildings. As a result, the Sixth District Court of Appeal will have to use leased space for its headquarters instead of getting a new building. The court is reorganizing and adding new judges. Some current judges will move to different districts, and new judges will be added to fill the vacancies. This is based on where the current judges live, so they won’t have to move to remain on the court. Overall, there will be changes in the number of judges in each district, and some judges will be moving to new districts. The legislature is looking to fill vacancies in the Fifth and Sixth Districts and wants to encourage more remote work opportunities. The Sixth District will need to establish its own caselaw, and trial courts will need to follow the decisions of their own district courts. If there’s a conflict between districts, the trial court can choose which district’s precedent to follow. Different district courts in Florida have different rules about when a motion for rehearing is required to challenge a trial court’s finding in family law cases. This creates confusion for lawyers practicing in areas that are changing districts. They need to pay attention and be careful to follow the new rules to help their clients.

Source: https://www.floridabar.org/the-florida-bar-journal/navigating-with-a-new-map-impact-of-changes-to-the-district-courts-of-appeal-territorial-boundaries/