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The Florida Statutes

The 2021 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 35
DISTRICT COURTS OF APPEAL
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CHAPTER 35
CHAPTER 35
DISTRICT COURTS OF APPEAL
35.01 District courts of appeal; districts.
35.02 First Appellate District.
35.03 Second Appellate District.
35.04 Third Appellate District.
35.042 Fourth Appellate District.
35.043 Fifth Appellate District.
35.05 Headquarters.
35.051 Subsistence and travel reimbursement for judges with alternate headquarters.
35.06 Organization of district courts of appeal.
35.065 Review of judgment or order certified by county court to be of great public importance.
35.08 Power to execute its judgments.
35.15 Decisions to be filed; copies to be furnished.
35.20 Retirement of district court of appeal judge.
35.22 Clerk of district court; assistants; filing fees; teleconferencing.
35.23 Location of clerk’s office.
35.24 Maintenance of books, records, and other materials.
35.26 Marshal of district court; appointment; duties.
35.28 District courts of appeal libraries.
35.01 District courts of appeal; districts.Five district courts of appeal are created, and the state is divided into five appellate districts of contiguous circuits.
History.s. 1, ch. 57-248; s. 1, ch. 65-294; s. 1, ch. 79-413.
35.02 First Appellate District.The First Appellate District is composed of the First, Second, Third, Fourth, Eighth, and Fourteenth Judicial Circuits.
History.s. 1, ch. 57-248; s. 1, ch. 65-294; s. 1, ch. 79-413.
35.03 Second Appellate District.The Second Appellate District is composed of the Sixth, Tenth, Twelfth, Thirteenth, and Twentieth Judicial Circuits.
History.s. 1, ch. 57-248; s. 1, ch. 65-294; s. 1, ch. 79-413.
35.04 Third Appellate District.The Third Appellate District is composed of the Eleventh and Sixteenth Judicial Circuits.
History.s. 1, ch. 57-248; s. 1, ch. 65-294; s. 1, ch. 79-413.
35.042 Fourth Appellate District.The Fourth Appellate District is composed of the Fifteenth, Seventeenth, and Nineteenth Judicial Circuits.
History.s. 2, ch. 65-294; s. 1, ch. 79-413.
35.043 Fifth Appellate District.The Fifth Appellate District is composed of the Fifth, Seventh, Ninth, and Eighteenth Judicial Circuits.
History.s. 2, ch. 79-413.
35.05 Headquarters.
(1) The headquarters of the First Appellate District shall be in the Second Judicial Circuit, Tallahassee, Leon County; of the Second Appellate District in the Tenth Judicial Circuit, Lakeland, Polk County; of the Third Appellate District in the Eleventh Judicial Circuit, Miami-Dade County; of the Fourth Appellate District in the Fifteenth Judicial Circuit, Palm Beach County; and the Fifth Appellate District in the Seventh Judicial Circuit, Daytona Beach, Volusia County.
(2) A district court of appeal may designate other locations within its district as branch headquarters for the conduct of the business of the court and as the official headquarters of its officers or employees pursuant to s. 112.061.
History.s. 1, ch. 57-248; s. 1, ch. 65-294; ss. 1, 2, 3, 4, ch. 67-29; s. 8, ch. 71-355; s. 3, ch. 79-413; s. 1, ch. 80-123; s. 22, ch. 2000-237; s. 11, ch. 2008-4; s. 7, ch. 2013-25.
35.051 Subsistence and travel reimbursement for judges with alternate headquarters.
(1)(a) A district court of appeal judge is eligible for the designation of a county courthouse or another appropriate facility in his or her county of residence as his or her official headquarters for purposes of s. 112.061 if the judge permanently resides more than 50 miles from:
1. The appellate district’s headquarters as prescribed under s. 35.05(1), if the judge is assigned to such headquarters; or
2. The appellate district’s branch headquarters established under s. 35.05(2), if the judge is assigned to such branch headquarters.

The official headquarters may serve only as the judge’s private chambers.

(b)1. A district court of appeal judge for whom an official headquarters is designated in his or her county of residence under this subsection is eligible for subsistence at a rate to be established by the Chief Justice for each day or partial day that the judge is at the headquarters or branch headquarters of his or her appellate district to conduct court business, as authorized by the chief judge of that district court of appeal. The Chief Justice may authorize a judge to choose between subsistence based on lodging at a single-occupancy rate and meal reimbursement as provided in s. 112.061 and subsistence at a fixed rate prescribed by the Chief Justice.
2. In addition to subsistence, a district court of appeal judge is eligible for reimbursement for travel expenses as provided in s. 112.061(7) and (8) for travel between the judge’s official headquarters and the headquarters or branch headquarters of the appellate district to conduct court business.
(c) Payment of subsistence and reimbursement for travel expenses between the judge’s official headquarters and the headquarters or branch headquarters of his or her appellate district shall be made to the extent that appropriated funds are available, as determined by the Chief Justice.
(2) The Chief Justice shall coordinate with each affected district court of appeal judge and other state and local officials as necessary to implement subsection (1).
(3)(a) This section does not require a county to provide space in a county courthouse for a district court of appeal judge. A county may enter into an agreement with a district court of appeal governing the use of space in a county courthouse.
(b) A district court of appeal may not use state funds to lease space in a county courthouse or other facility to allow a district court of appeal judge to establish an official headquarters pursuant to subsection (1).
(4) The Chief Justice may establish parameters governing the authority provided in this section, including, but not limited to, specifying minimum operational requirements for the designated headquarters, limiting the number of days for which subsistence and travel reimbursement may be provided, and prescribing activities that qualify as the conduct of court business.
(5) If any term of this section conflicts with s. 112.061, this section shall control to the extent of the conflict.
History.s. 2, ch. 2020-61.
35.06 Organization of district courts of appeal.A district court of appeal shall be organized in each of the five appellate districts to be named District Court of Appeal,   District. The number of judges of each district court of appeal shall be as follows:
(1) In the first district there shall be 15 judges.
(2) In the second district there shall be 16 judges.
(3) In the third district there shall be 10 judges.
(4) In the fourth district there shall be 12 judges.
(5) In the fifth district there shall be 11 judges.
History.s. 1, ch. 57-248; s. 1, ch. 65-294; s. 1, ch. 67-11; s. 9, ch. 71-355; s. 3, ch. 76-175; s. 3, ch. 77-368; s. 3, ch. 79-312; s. 3, ch. 79-413; s. 4, ch. 80-164; s. 4, ch. 81-220; s. 4, ch. 82-238; s. 1, ch. 88-167; ss. 3, 10, ch. 89-290; s. 3, ch. 93-63; s. 5, ch. 99-151; s. 13, ch. 99-355; s. 12, ch. 2008-111; s. 1, ch. 2014-58.
35.065 Review of judgment or order certified by county court to be of great public importance.Pursuant to s. 34.017, a district court of appeal may review any order or judgment of a county court which is certified by the county court to be of great public importance.
History.s. 4, ch. 84-303; s. 7, ch. 2020-61.
35.08 Power to execute its judgments.Each district court of appeal is vested with all the power and authority necessary for carrying into complete execution all of its judgments, decrees, orders, and determinations in the matters before it agreeable to the usage and principles of law.
History.s. 1, ch. 57-248.
35.15 Decisions to be filed; copies to be furnished.All decisions and opinions delivered by the district courts of appeal, or any judge thereof, relating to any action or proceeding pending in such court must be filed in the office of the clerk and maintained in the control of the clerk. Such decisions and opinions may not be taken from the clerk’s maintenance or control except by order of the court; however, the clerk must furnish certified copies of such opinions and decisions to any person who makes such a request, upon receiving any required fees.
History.s. 1, ch. 57-248; s. 200, ch. 95-147; s. 5, ch. 2021-230.
35.20 Retirement of district court of appeal judge.Retirement of a district court of appeal judge shall be as provided by law.
History.s. 1, ch. 57-248.
35.22 Clerk of district court; assistants; filing fees; teleconferencing.
(1) The clerk may employ deputies and clerical assistants as may be necessary. Their number and compensation shall be approved by the court, and paid from the annual appropriation for the district courts of appeal.
(2)(a) The clerk, upon the filing of a certified copy of a notice of appeal or petition, shall charge and collect a filing fee of $300 for each case docketed, and service charges as provided in s. 28.24 for copying, certifying or furnishing opinions, records, papers or other instruments and for other services. The state or its agencies, when appearing as appellant or petitioner, is exempt from the filing fee required in this subsection. The clerk shall collect from each attorney appearance pro hac vice a fee of $100 for deposit as provided in this section.
(b) Upon the filing of a notice of cross-appeal, or a notice of joinder or motion to intervene as an appellant, cross-appellant, or petitioner, the clerk shall charge and collect a filing fee of $295. The clerk shall remit the fee to the Department of Revenue for deposit into the General Revenue Fund. The state and its agencies are exempt from the filing fee required by this paragraph.
(3) The opinions of the district court of appeal may not be recorded, but the original as filed shall be preserved with the record in each case.
(4) The clerk may immediately, after a case is disposed of, supply the judge who tried the case and from whose order, judgment, or decree, appeal or other review is taken, a copy of all opinions, orders, or judgments filed in such case. Copies of opinions, orders, and decrees shall be furnished in all cases to each attorney of record and for publication in Florida reports to the authorized publisher without charge, and copies furnished to other law book publishers at one-half the regular statutory fee.
(5) The clerk of each district court of appeal shall deposit all fees collected in the State Treasury to the credit of the General Revenue Fund, except that $50 of each $300 filing fee collected shall be deposited into the State Courts Revenue Trust Fund to fund court operations as authorized in the General Appropriations Act. The clerk shall retain an accounting of each such remittance.
(6) The clerk of the district court of appeal may collect a fee from the parties to an appeal reflecting the actual cost of conducting the proceeding through teleconferencing if the parties have requested that an oral argument or mediation be conducted through teleconferencing. The fee collected for this purpose shall be used to offset the expenses associated with scheduling the teleconference and shall be deposited in the State Courts Revenue Trust Fund.
History.s. 1, ch. 57-248; s. 1, ch. 73-305; s. 4, ch. 75-124; s. 1, ch. 78-349; s. 2, ch. 85-222; s. 3, ch. 85-249; s. 7, ch. 89-290; s. 1, ch. 93-161; s. 202, ch. 95-147; s. 16, ch. 95-312; s. 35, ch. 2004-265; s. 5, ch. 2006-23; s. 13, ch. 2008-111; s. 18, ch. 2010-162; s. 3, ch. 2011-133; s. 13, ch. 2014-182.
35.23 Location of clerk’s office.Each clerk shall have an office at the headquarters of the district court of appeal.
History.s. 1, ch. 57-248; s. 203, ch. 95-147; s. 6, ch. 2021-230.
35.24 Maintenance of books, records, and other materials.All books, papers, records, files and the seal of each district court of appeal shall be maintained by, and in the control of, the clerk of the court.
History.s. 1, ch. 57-248; s. 7, ch. 2021-230.
35.26 Marshal of district court; appointment; duties.
(1) Each of the district courts of appeal shall appoint a marshal who shall hold office during the pleasure of the court.
(2) He or she shall have the power to execute the process of the court throughout the state, and in any county may deputize the sheriff or a deputy sheriff for such purpose.
(3) The marshal shall, under the direction of the district court of appeal be custodian of the headquarters occupied by the court and shall perform such other duties as directed by the court.
(4) The marshal and his or her assistants shall be the conservators of the peace in the headquarters of the district court of appeal, or in any building in which the district court of appeal is sitting, and shall apprehend, without warrant, any person disturbing the peace and deliver that person to the appropriate law enforcement officer of the municipality or county in which further proceedings may be held according to law.
(5) The marshal and his or her assistants shall attend and successfully complete a minimum standards training program approved by the Criminal Justice Standards and Training Commission within the Department of Law Enforcement.
History.s. 1, ch. 57-248; s. 2, ch. 80-145; s. 5, ch. 83-167; s. 204, ch. 95-147; s. 4, ch. 95-325.
35.28 District courts of appeal libraries.The library of each of the district courts of appeal and its custodian shall be provided for by rule of the Supreme Court. Payment for books, equipment, supplies, and quarters as provided for in such rules shall be paid from funds appropriated for the district courts, on requisition drawn as provided by law.
History.s. 1, ch. 57-248.