Bill would move most county court appeals to the DCAs
Legislation that would funnel most appeals from Florida’s 67 county courts directly to district courts of appeal is moving in both chambers of the Legislature.
The Senate Criminal and Civil Justice Subcommittee voted unanimously February 18 to approve SB 1510 by Sen. Jeff Brandes, R-St. Petersburg.
The measure would eliminate circuit court review of most county court decisions and end Florida’s distinction as being one of only five states that asks trial court judges to also hear appeals.
Brandes called the proposal a “pretty historic piece of legislation.”
“Ultimately, this will streamline the overall court system and provide faster justice for Floridians,” Brandes said.
Earlier the same day, the House Appropriations Committee voted 24-2 to approve a companion, HB 7059, by Rep. Juan Fernandez-Barquin, R-Miami.
The legislation was recommended by the Workgroup on Appellate Review of County Court Decisions, an arm of the Supreme Court’s Judicial Management Council.
Chief Justice Charles Canady directed the workgroup to study the issue last year as lawmakers were preparing to raise the value of claims that divide the civil jurisdictions between county and circuit courts.
For the first time since 1995, the amount-in-controversy threshold for circuit court claims increased from $15,000 to $30,000. The threshold jumps again to $50,000 in 2023.
SB 1510 and HB 7059 also promise to bring more uniformity to the county court appeals process.
A circuit appellate ruling is binding on all county court judges in the same circuit, but it is not binding on other circuits, creating intra- and inter-circuit conflicts.
The legislation would also address problems that arise when circuit court appellate decisions are not published — or published in a manner that is not searchable.
“We think this will clear up an awful lot of confusion,” Brandes said.
The workgroup estimated that the change would increase district court of appeal workloads by an average of 31 cases per judge per year, which most courts could absorb with the existing number of judges.
However, the workgroup estimated that the Fourth District Court of Appeal would see an increase of 60 cases per judge, requiring three new judges.
SB 1510 faces one more vote in Senate Appropriations before reaching the floor. HB 7059 heads next to the House floor.
