|prev order||table of contents||next order|
Effective January 1, 2023, chapter 2022-163, Laws of Fla., authorizes a sixth district court of appeal; realigns the jurisdictional boundaries of the existing First, Second, and Fifth district courts of appeal; and authorizes seven new appellate judgeships. Under the law, the Fourth Judicial Circuit will move from the First District into the Fifth District; the Ninth Judicial Circuit will move from the Fifth District, and the Tenth and Twentieth judicial circuits will move from the Second District, forming the Sixth District; and the Sixth, Twelfth, and Thirteenth judicial circuits will remain in the Second District. The jurisdictional boundaries of the Third District and the Fourth District will not change.
The Workgroup on the Implementation of an Additional District Court of Appeal,1 in cooperation with the affected courts, is charged with making recommendations to the chief justice regarding implementation of the law. Consistent with the Workgroup’s recommendations, this administrative order prescribes procedures to effectuate an orderly transition from five to six appellate districts in Florida.
I. TRANSFER OF CASES FILED BEFORE JANUARY 1, 2023
A. Vesting of Jurisdiction. Pursuant to chapter 2022-163, Laws of Fla., as of 12:01 a.m. on January 1, 2023, jurisdiction of all matters pending in the First District that originated in the Fourth Judicial Circuit shall vest in the Fifth District, and jurisdiction of all matters pending in the Fifth District and the Second District that originated from the Ninth, Tenth, and Twentieth judicial circuits shall vest in the Sixth District.
B. Transfer of Cases. The chief judges of the First, Second, and Fifth district courts of appeal shall implement procedures for the orderly transfer of pending cases originating from judicial circuits that are transitioning from one appellate district court to another. Effective January 1, 2023, the First District shall transfer to the Fifth District any pending cases originating from the Fourth Judicial Circuit; the Second District shall transfer to the Sixth District any pending cases originating from the Tenth and Twentieth judicial circuits; and the Fifth District shall transfer to the Sixth District any pending cases originating from the Ninth Judicial Circuit. The transferring court shall issue in each case being transferred an order of transfer that the clerk shall serve on all parties and on the clerk of the lower tribunal, if any, in which the cause originated. The clerk of the district court receiving a transferred case shall serve on the parties and on the clerk of the lower tribunal, if any, an acknowledgment letter or order in each case. Any subsequent filings in a case that has been transferred shall be filed with the clerk of the receiving court using the new case number identified on the acknowledgment letter or order.
II. FILING OF NEW CASES ON OR AFTER JANUARY 1, 2023
Effective January 1, 2023, all new matters properly within the jurisdiction of a district court of appeal which originate from the Fourth Judicial Circuit must be filed with the Fifth District, and all new matters that originate from the Ninth Judicial Circuit, the Tenth Judicial Circuit, or the Twentieth Judicial Circuit must be filed with the Sixth District. The current mailing address for the clerk of the Sixth District is 811 East Main Street, Lakeland, Florida, 33801. The current mailing address for the clerk of the Second District is 1700 North Tampa Street, Suite 300, Tampa, Florida, 33602.
DONE AND ORDERED at Tallahassee, Florida, on November 1, 2022. Chief Justice Carlos G. Muniz
John Tomasino, Clerk of Court
1. In re: Workgroup on the Implementation of an Additional District Court of Appeal, Fla. Admin. Order No. AOSC22-18 (June 7, 2022).