HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 5301 PCB JUA 21-01 Judges
SPONSOR(S): Justice Appropriations Subcommittee, Plakon and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Justice Appropriations Subcommittee 13 Y, 0 N Smith Keith
1) Appropriations Committee 26 Y, 0 N Smith Pridgeon
SUMMARY ANALYSIS
The Supreme Court issued Order No. SC20-1668, dated December 3, 2020, certifying the need for one
additional circuit court judge (Fourteenth Circuit) and two additional county court judges (Hillsborough County).
Article V of the Florida Constitution states the legislature may reject the recommendation or accept the
recommendation in whole or in part, decreasing or increasing the number of judges by more or less than the
judicial recommendation upon a two thirds finding of need by both chambers of the legislature.
HB 5301 amends s. 26.031, F.S. and s. 34.022, F.S., to establish three new county court judgeships (two in
Hillsborough County and one in St. Johns County), and one new circuit court judgeship in the Fourteenth
Judicial Circuit.
The bill conforms to PCB APC 21-01, the proposed FY 2021-2022 House of Representatives’ General
Appropriations Act, which includes $1,346,793 in General Revenue funding, and authorizes eight full-time
equivalent positions with associated salary rate of 806,473, for the newly established judgeships and
associated judicial assistant staffing.
The bill is effective July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h5301a.APC
DATE: 3/31/2021
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Article V, Section 9 of the State 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 Florida 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. SC20-1668, dated December 3, 2020, in regard to the
Certification of Need for Additional Judges.2 In the certification, the Court recommended one new circuit
judgeship in the Fourteenth judicial circuit and two new county judgeships in Hillsborough County.
Section 11, Article V of the State Constitution requires the Governor to fill judicial office vacancies by
appointment from a list of candidates nominated by a judicial nominating commission3, 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
2 Certification of Need for Additional Judges, SC20-1668 (Fla. SC 2020)
3 Article V, Section 20, Subsection (5) of the State 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 5301 establishes one new circuit court judgeship in the Fourteenth judicial circuit and three new
county court judgeships (two in Hillsborough County and one in St. Johns County), effective July 1,
2021.
B. SECTION DIRECTORY:
Section 1. Amends s. 26.031, F.S., related to judicial circuits; number of judges.
Section 2. Amends s. 34.022, F.S., related to number of county court judges for each county.
Section 3. Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
HB 5301 conforms to PCB APC 21-01, the proposed FY 2021-2022 House of Representatives’
General Appropriations Act, which includes $1,346,793 in General Revenue funding, and
authorizes eight full-time equivalent positions with associated salary rate of 806,473, for the newly
established 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.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
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 2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.
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Statutes affected:
H 5301 Filed: 26.031
H 5301 e1: 26.031
H 5301 er: 26.031