Item R2 R.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�pw° Danny L.Kolhage,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
December 11, 2019
Agenda Item Number: R.2
Agenda Item Summary #6377
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
no
AGENDA ITEM WORDING: Approval of a resolution opposing the decertification of any
Monroe County Court Judgeships.
ITEM BACKGROUND: On November 27, 2019, the Florida Supreme Court issued an opinion
regarding the need for increases and decreases in the number of judges across the state. The Court
recommended the "decertification" of one of Monroe County's four county court judgeships, in
addition to 3 other judgeships in other counties. The Court also recommended adding 6 circuit court
judgeships and 4 county court judgeships elsewhere in the State. See pages 7 of SC19-1907, which
is attached.
The Florida Legislature has the authority to determine the number of judgeships in each county and
circuit. The Legislature declined to take up the issue during prior sessions.
In Monroe County, there are currently four county court judgeships. For decades, the County has
operated branch courthouses in Marathon and Plantation Key with one County Court Judge assigned
to each courthouse and two County Court Judges assigned to the main courthouse in Key West. The
branch courthouses and these judicial assignments allow county residents in the Middle and Upper
Keys to conduct court business (e.g. resolve criminal and civil disputes, serve jury duty, obtain
marriage licenses, pay traffic fines, etc.) without having to travel to the main courthouse in Key
West, the county seat.
PREVIOUS RELEVANT BOCC ACTION: On February 15, 2017 and December 13, 2017, the
Board adopted resolutions opposing any decertification or reduction in the number of Monroe
County Court Judgeships.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
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DOCUMENTATION:
Resolution Opposing Reduction in Monroe County Court judgeships
scl9-1907
16th Circuit Judgeship Needs Application FY17-18
F.S. 40.015 Jury districts; counties exceeing 50,000.
Local Rule 4 Amended In Re: Special Jury Districts for Monroe County
FINANCIAL IMPACT:
Effective Date: Resolution takes effect upon adoption.
Expiration Date: None.
Total Dollar Value of Contract: n/a
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
n/a
REVIEWED BY:
Bob Shillinger Completed 12/02/2019 3:27 PM
Bob Shillinger Completed 12/03/2019 12:30 PM
Budget and Finance Skipped 12/02/2019 3:26 PM
Maria Slavik Skipped 12/02/2019 3:26 PM
Kathy Peters Completed 12/03/2019 3:21 PM
Board of County Commissioners Pending 12/11/2019 9:00 AM
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RESOLUTION NO. -2019
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A RESOLUTION OF THE BOARD OF COUNTY
COMMMISSIONERS OF MONROE COUNTY, FLORIDA g
EXPRESSING OPPOSITION TO THE
DECERTIFICATION OF ANY MONROE COUNTY
COURT JUDGESHIPS AND TO ANY REDUCTIONS TO
THE LOCAL JUDICIARY; ENCOURAGING THE
LEGISLATIVE DELEGATION TO OPPOSE ANY SUCH
REDUCTIONS; DIRECTING COUNTY STAFF AND U)
COUNTY LOBBYISTS TO ADVOCATE AGAINST ANY0.
SUCH REDUCTIONS; DIRECTING THE CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO g
GOVERNOR RON DESANTIS AND OTHER OFFICIALS;
AND PROVIDING FOR AN EFFECTIVE DATE. U)
WHEREAS, on November 27, 2019, the Supreme Court of Florida issued Opinion
Number SC19-1907, In re: Certification of Need for Additional Judges, in which it "decertified
the need' for one of Monroe County's four(4) County Court Judgeships; and
WHEREAS, the Supreme Court's "Certification of Need" fails to fully comprehend the U)
unique history and circumstances in the 161'Judicial Circuit and Monroe County; and
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WHEREAS, Monroe County is home to the archipelago known as the Florida Keys,
which consists of some of the most unique geography within the State of Florida; and
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WHEREAS, in recognition of this unique geography, the Florida Legislature has
designated the Florida Keys as an Area of Critical State Concerns since 1979; and
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WHEREAS, included within the unique geography of the Florida Keys, are 43 islands 0
which are linked only by the 42 bridges along U.S. 1, which is also known as the Overseas 0
Highway; and
WHEREAS, the Overseas Highway stretches over 112 miles from mile marker zero in
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front of the main courthouse in Key West to the Miami-Dade County line; and
WHEREAS, the Overseas Highway is limited to two lanes of travel, one in each direction,
for much of that 112 miles; and U)
WHEREAS, because the Overseas Highway is limited to one lane of traffic in each
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direction, traffic accidents often lead to long delays because law enforcement and emergency
rescue workers must shut down the highway entirely in order to treat and transport the patients, 0
establish landing zones for air ambulances, and investigate the cause of the accident before clearing
the scene, especially during traffic homicide investigations; and
See, e.g. § 6,ch.79-73,Laws of Florida;see also F.S.380.0552.
Page 1 of 5
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WHEREAS, whenever there is a fatal accident or one where at least one victim's fate U
hangs in the balance, the Florida Highway Patrol's traffic homicide unit must travel down from 0
Miami-Dade County to Monroe County in order to investigate the accident scene, leaving the road
closed and traffic backed up for hours; and
WHEREAS, from 2016 through 2018, Monroe County averaged 2,371 traffic crashes per
year, which resulted in numerous closures of the Overseas Highway and an average of twenty (20)
traffic related fatalities per year; and
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WHEREAS, the drawbridge over Snake Creek is one of those 42 bridges, which is 0.
required by federal law to open once an hour, on the hour,between the hours of 7 a.m. and 6 p.m.
and to open on signal from 6 p.m. until 7 a.m. to allow boat traffic to pass; and
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WHEREAS, given that the Overseas Highway is the one and only road linking 43 of the
Florida Keys via 42 bridges, road closures are a fact of life for those residents and visitors to
Monroe County; and
WHEREAS, the limitations placed on travel over the Overseas Highway are unique to the
Florida Keys and affect the manner in which the public's business is conducted in Monroe County; U)
and
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WHEREAS, because the population of Monroe County is distributed throughout the
Florida Keys, virtually all local and many state services are provided in separate locations in the
Lower, Middle, and Upper Keys; and c
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WHEREAS, for over 40 years, Monroe County has operated a branch courthouse in
Marathon, which is located in the Middle Keys, and another branch courthouse on Plantation Key U
in the Upper Keys, in addition to the main courthouse at the County seat in Key West; and 0
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WHEREAS, the two branch courthouses are located in population centers which were of
such significant size that the Legislature adopted special acts during the late 1990's which enabled
both the City of Marathon and the Village of Islamorada (which includes Plantation Key) to
incorporate as municipalities; and
WHEREAS, the Marathon and Plantation Key branch courthouses enable residents of the
Middle and Upper Keys to conduct all business before the court, including but not limited to 0
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fulfilling jury duty service obligations, without having to drive as much as 224 miles round trip 0.
over the much-traveled Overseas Highway to the main courthouse in Key West; and
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z According to data provided by the Monroe County Sheriff's Office.
3 See, 33 C.F.R. § 117.331.
Page 2 of 5
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WHEREAS, the Legislature has historically recognized the unique challenges of U
providing judicial services to the residents of the Florida Keys and Monroe County by designating 0
it as a single county circuit, one of only five4 such single county circuits out of the twenty judicial
circuits in Florida; and
WHEREAS, because of the geographical challenges that are unique to Monroe County,
the 16 ' Judicial Circuit has been divided into three separate and distinct jury districts,s composed
of the Upper, Middle and Lower Keys jury districts, with each region served by a separate
courthouse; and
WHEREAS, because of this unique geography, the 161'Judicial Circuit can, and should, r_
really be thought of as a three (3) county circuit; and
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WHEREAS, if the Upper Keys jury district were a separate county serviced by the
Plantation Key courthouse, that facility would serve an estimated population in excess of 20'000 6
residents, which is more people than the populations of thirteen (13) other Florida counties;7 and
WHEREAS, if the Middle Keys jury district were a separate county serviced by the 0
Marathon courthouse, that facility would serve an estimated population of almost 10,000 residents, U)
which would still be larger than the entire populations of two (2)' other Florida counties; and
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WHEREAS, in recognition of the value of, and need for, providing judicial services to
residents of the geographically dispersed 16' Judicial Circuit, the Legislature has previously
authorized that Monroe County be served by four County Court Judgeships and four Circuit Court 0
Judgeships; and
WHEREAS, the Plantation and Marathon branch courthouses are each currently served
by a county court judge; in addition, the Plantation Key courthouse is served by a Circuit Judge; 0
and 0
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WHEREAS, the U.S. Supreme Court has held that access to the courts must be"adequate,
effective, and meaningful' 9 to be constitutional under the U.S. Constitution; and
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a The five single county judicial circuits are the: 11t"Circuit/Miami-Dade; 13'Circuit/Hillsborough; 15' U)
Circuit/Palm Beach; 16tn Circuit/Monroe;and 17tn CircuitBroward. F.S.26.021. 91
5 See, F.S.40.15. C
6 This figure represents estimated census population,but not tourists,second homeowners,and others factored into r_
the functional population of the area. 2
Holmes(19,761),Madison(18,931),Gilchrist(16,859),Dixie(16,073),Gulf(15,707),Union(15,263),Calhoun 0
(14,7260),Hamilton(14,722),Jefferson(14,214),Glades(13,139),Franklin(11,634),Lafayette(8,809)and Liberty U)
(8,267)counties based upon census estimates perhttp://www.us-places.com/Florida/population-by-County.htm W
8 While the functional population of the greater Marathon area and the Middle Keys jury district is larger,the estimated
9,500 permanent resident population is larger than the populations of Lafayette(8,809)and Liberty(8,267)counties. 0
9 Id., at 822. E
Page 3 of 5
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WHEREAS, the Courts in Florida have adopted the following mission and vision
statement for the Judicial Branch "to be accessible, the Florida justice system will be convenient. r-
understandable, timely. and affordable to everyone"10 (emphasis added); and
2
WHEREAS, pursuant to the mission and vision statement of Florida's Judicial Branch,
"access to the courts" means not only convenient physical access but also timely access to the
judicial process; and
0
WHEREAS, the proposed reduction in Monroe County Court Judgeships is contrary to
the adopted mission and vision statement of the Florida Judicial Branch; and
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WHEREAS, a reduction of Monroe County Court Judgeships would most assuredly lead
to unprecedented delays and inconvenience for the citizens of and visitors to Monroe who seek to
participate in the justice system, whether they are citizens serving on jury duty, litigants seeking
to resolve their differences peacefully as is customary in a civilized society, or crime victims
seeking to be heard in the pursuit of justice; and
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WHEREAS, the Board of County Commissioners of Monroe County, Florida finds that
the elimination of any of the four Monroe County Court Judgeships will cause an unnecessary 0,
hardship on the residents of and visitors to Monroe County who may be forced to drive extended 2
distances to conduct business before the Court; and
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WHEREAS, the Board of County Commissioners of Monroe County, Florida finds that
the elimination of any of the four Monroe County Court Judgeships will result in a denial of access 0
to the courts"i for Monroe County residents and visitors and will fundamentally alter in a negative 0
way, the manner in which judicial services are provided in the 16 'Judicial Circuit;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section t: The Monroe County Commission urges the Florida Legislature to reject
the recommendations of the Florida Supreme Court in SC19-1907 and
retain a total of four(4)County Judgeships in Monroe County for 2020 0
and in subsequent years.
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10 See, htt12:11www.{lcourts.or gflorida-courts/mission-and-vision.stml.
Access to the courts is a fundamental constitutional right. See, e.g.,Bounds v. Smith, 430 U.S.817(1977).
Page 4 of 5
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Section 2: The Clerk is hereby authorized and directed to transmit certified
copies of this Resolution to Governor Ron DeSantis;Attorney General U
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Ashley Moody; Senate President Bill Galvano; House Speaker Jose
Oliva; Senator Anitere Flores; Representative Holly Raschein;
Senator Jeff Brandes, Chair of the Senate Appropriations
Subcommittee on Criminal and Civil Justice; Representative Clay
Yarborough, Chair of the House Justice Appropriations
Subcommittee; and to Chief Justice Charles Canady, and Justices
Jorge Labarga, Ricky Polston,Alan Lawson, and Carlos Muniz of the 0
Florida Supreme Court.
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Section 3: The Commission authorizes the County Administrator, the County g
2
Attorney, County staff, and the County's lobbyists to advocate 0
vigorously against any reductions in the number of Monroe County
Court Judgeships.
Section 4: This Resolution shall take effect immediately upon its adoption. U)
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, U)
Florida at a regular meeting of said Board held on the 11 ' day of December, 2019 in Key Largo, U)
Florida.
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Mayor Heather Carruthers
Mayor Pro Tem Michelle Coldiron
Commissioner Sylvia Murphy
Commissioner David Rice
Commissioner District 1, vacant
as
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BOARD OF COUNTY COMMISSIONERS
(SEAL) OF MONROE COUNTY, FLORIDA
Attest: Kevin Madok, Clerk
By: By:
Deputy Clerk Mayor Heather Carruthers
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Approved as to form and legal sufficiency:
1Zol�evt 13. Sly 9er, Jr. o-w12/3119 U)
Robert B. Shillinger, Jr.
Monroe County Attorney
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Page 5 of 5
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R.2.b
*Upreme Court of ftoriba
No. SC19-1907
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IN RE: CERTIFICATION OF NEED
FOR ADDITIONAL JUDGES.
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November 27, 2019
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PER CURIAM. 0
This opinion fulfills our constitutional obligation to determine the State's
need for additional judges in fiscal year 2020/2021 and to certify our "findings and
recommendations concerning such need" to the Florida Legislature.' Certification
is "the sole mechanism established by our constitution for a systematic and
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1. Article V, section 9 of the Florida Constitution provides in pertinent part:
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.
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uniform assessment of this need." In re Certification of Need for Additional
Judges, 889 So. 2d 734, 735 (Fla. 2004).
In this opinion, we certify the need for two additional circuit court
judgeships in the Ninth Judicial Circuit, one additional circuit court judgeship in
the First Judicial Circuit, one additional circuit court judgeship in the Fourteenth U)
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Judicial Circuit, four additional county court judgeships in Hillsborough County,
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one additional county court judgeship in Orange County, one additional county
court judgeship in Lee County, and no additional judgeships in the district courts U
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of appeal. We decertify the need for two county court judgeships in Brevard
County, one county court judgeship in Monroe County, and one county court
judgeship in Collier County.
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To make this decision, the Florida Supreme Court continues to use a verified 0.
objective weighted caseload methodology as a primary basis for assessing judicial
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need. The objective data are supplemented by judgeship requests submitted by
the lower courts, including descriptions of the impact of various secondary factors.
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These secondary factors identified by each chief judge reflect local differences in
support of their requests for more judgeships or in support of their requests for this
Court not to decertify judgeships in situations where the objective case weights
2. Our certification methodology relies primarily on case weights and
calculations of available judge time to determine the need for additional trial court
judges. See Fla. R. Jud. Admin. 2.240.
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alone would indicate excess judicial capacity. Applying the criteria in this two-
step methodology, we conclude that the First, Ninth, and Fourteenth circuits have a
demonstrable need for additional circuit judges. Using the same criteria, this Court
determines that the secondary factor analysis, coupled with recent statutory
amendments and other relevant circumstances further explained below, warrants a U)
more restrained approach to the decertification of trial court judgeships than the
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raw numbers alone would indicate.
Our evaluation of these matters takes into account developments in the way U
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our courts perform their duties that are not currently captured by the weighted case
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load methodology. We also consider not only recently adopted legislation but also
potential legislation and rule changes that could have a significant impact.
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Chapter 2019-58, Laws of Florida, increased the maximum dollar amount in 0.
controversy of cases under the jurisdiction of county courts.' The Legislature took
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a phased approach to the implementation of this amendment. Effective January 1,
3. Section 34.01(1)(c), Florida Statutes (2019), states that county courts
shall have original jurisdiction:
Of all actions at law, except those within the exclusive jurisdiction of
the circuit courts, in which the matter in controversy does not exceed,
exclusive of interest, costs, and attorney fees:
1. If filed on or before December 31, 2019, the sum of
$15,000.
2. If filed on or after January 1, 2020, the sum of$30,000.
3. If filed on or after January 1, 2023, the sum of$50,000.
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2020, county court jurisdiction increases from a current upper limit of$15,000 to
$30,000 and is scheduled for a second upward adjustment to $50,000 on January 1,
2023. Although these changes necessarily will alter workload in the county and
circuit courts, precise estimates of the impact of these statutory revisions are not
possible at this time. U)
At the beginning of 2019, this Court established the Judicial Management
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Council Workgroup on Appellate Review of County Court Decisions.' We
directed the workgroup to study whether the circuit courts should be uniformly U
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required to hear appeals in panels, to review a previous recommendation with
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regard to allowing intra- and inter-circuit conflicts in circuit court appellate
decisions to be certified to the district courts of appeal, and to consider whether
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other changes to the process for appellate review of county court decisions would 0.
improve the administration of justice. The Court has considered the report of that
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workgroup, submitted in October of this year, and accepted its recommendations,
with some slight modifications. The Supreme Court supports the Legislature's
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consideration of legislation during the 2020 Regular Session to transfer to the
district courts of appeal the circuit courts' appellate and related extraordinary writ
authority in county civil cases including non-criminal violations, county criminal
4. See In re Workgroup on Appellate Review of County Court Decisions,
Fla. Admin. Order No. AOSC19-3 (Jan. 4, 2019).
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R.2.b
cases, and administrative cases. Further, we have expressed our support for an
effective date for the legislation that is no earlier than January 1, 2021, to allow
adequate time for judicial branch implementation. If the various statutes are
amended by the Legislature to implement these changes, the judicial workload in
the circuit courts and district courts will necessarily be affected. U)
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Trial court judges have expressed concerns about a need to review and
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possibly refine the method for reporting on the increased number and types of
problem-solving courts throughout the state and the increased number of cases U
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handled by those problem-solving courts. It is important for this Court, in its
assessment of judicial need, to evaluate the impact on judicial workload the
problem-solving courts create and, if necessary, update the associated case
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weights. While problem-solving courts show positive results in reduced recidivism 0.
and better outcomes in many cases, they also require significantly more judicial
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time.
Finally, this Court is awaiting the results of an important review it has
ordered, which may lead to revision of the rules we employ to determine judicial
need. Specifically, this Court has directed the Commission on Trial Court
Performance and Accountability to review secondary factors impacting judicial
certification to determine if there are areas of inconsistency between the case
weights and current judicial assignments. The Commission is reviewing rules
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R.2.b
2.240(b)(1)(B) and 2.240(c), Florida Rules of Judicial Administration, to determine
if there is a need to recommend any suggested modifications.
Having conducted a quantitative assessment of trial and appellate court
judicial workload and, as noted above, having also considered the various
qualitative factors, workload trends, legislatively enacted jurisdictional changes U)
and other relevant circumstances, we certify the need for ten additional trial court
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judgeships in Florida, consisting of four circuit court judgeships and six county
court judgeships, as set forth in the appendix to this opinion. We also recommend U
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the decertification of four county court judgeships, also identified in the appendix,
and we certify no need for additional judgeships in the district courts of appeal.
It is so ordered.
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CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, and M"IZ, 0.
JJ., concur.
Original Proceeding — Certification of Need for Additional Judges U)
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APPENDIX
Trial Court Need
Circuit Court County Court County Court
Certified Certified Decertified
Circuit Judges County Judges Judges
1 1 N/A 0 0
2 0 N/A 0 0
3 0 N/A 0 0
4 0 N/A 0 0
5 0 N/A 0 0
6 0 N/A 0 0
7 0 N/A 0 0
8 0 N/A 0 0
9 2 Orange 1 0
10 0 N/A 0 0
11 0 N/A 0 0
12 0 N/A 0 0
13 0 Hillsborough 4 0
14 1 N/A 0 0
15 0 N/A 0 0
16 0 Monroe 0 1
17 0 N/A 0 0
18 0 Brevard 0 2
19 0 N/A 0 0
20 0 Collier 0 1
Lee 1 0
Total 4 Total 6 4
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Judgeship Needs Application
2017-2018 Certification of Need for Additional Judges
16th Judicial Circuit
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The 16th Judicial Circuit is not requesting any additional judgeships. However,we feel it is necessary to
address the Certification of Judicial Need Analysis for County Court Judgeships, which reports that
Monroe County's eligible judgeships is-2. A reduction of this magnitude cuts the circuit's county 0
judgeships in half. Losing two county judgeships would not only be detrimental to the operations of the
court, but would cause access issues for local residents.
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The 16th Judicial Circuit is a single-county circuit(Monroe County)that stretches approximately 120
miles south and west of the Miami-Dade county line on U.S. Highway#1, also known as the Overseas
Highway. The Overseas Highway has 42 bridges and,for the majority of its length, consists of only two
lanes. Monroe County is split into three geographic regions along the Overseas Highway—Upper,
Middle and Lower Keys. A courthouse is located in each of these geographic regions, as are other
county offices such as the Tax Collector, Supervisor of Elections,Sheriff's Office (substations and jail
facilities), Property Appraiser and public schools. Monthly County Commission meetings and School
Board meetings are split evenly amongst the geographic regions in order to give residents across the
county equal access to be present and heard. If county departments and agencies were not CL
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represented in each of the three geographic areas, residents would be required to travel four hours
round trip from the Upper Keys to Key West or two hours from Marathon to Key West to conduct o
routine business, such as registering to vote or paying a traffic ticket. In February, 2003, Local Rule 4
was approved by the Florida Supreme Court to create Special Jury Districts for Monroe County, based on
the three distinct geographic regions. This allows residents of the county to perform jury service in their00
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nearest courthouse facility and alleviates lengthy travel time throughout the county.
The 16th Judicial Circuit, although a single-county circuit, could be compared to that of a multi-county
circuit, based on its three distinct geographic locations. The courthouses in each region offer the same
services and programs throughout the county. With the exception of the courthouse in the Middle Keys,
county and circuit judges are permanently assigned to each location to preside over all case types.The 2
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breakdown of assignments are as follows:
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• Plantation Key Courthouse(Upper Keys)-1 circuit judge (all divisions) and 1 county judge (all
divisions, including Probate and some Circuit Criminal);
• Marathon Courthouse (Middle Keys)-1 county judge (all divisions, including Probate, Circuit
Criminal and Foreclosures) and a circuit judge from Key West who travels several times a month
to preside over Family and Civil cases;
• KeyWest Courthouse Lower Keys)-3 circuit judges all divisions and 2 count judges all
( 1 g ( ) Y1 g (
divisions and some Circuit Criminal and Probate)
The caseload in Key West accounts for approximately one-half of the caseload in Monroe County across
all divisions.
If even one judgeship was eliminated from the circuit,court operations would have to be substantially
modified. As mentioned above,judges in the 16th Judicial Circuit handle a variety of case types during
their 6 month assignments. Having this type of assignment can cause unintended inefficiencies in
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calendaring because of the different types of proceedings that must be scheduled. If a judgeship was
eliminated, existing judges may be required to travel to other courthouses to assume additional
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workload. This additional workload and lengthy travel time could cause even greater inefficiencies for
calendaring,which could lead to access issues for litigants.
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Select Year: 2016 v-1'"'11, "...............................................Go')
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The 2016 Florida Statutes
Title V Chaoter 40 View Entire Chapter 0
JUDICIAL BRANCH JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS
40.015 Jury districts; counties exceeding 50,000.,
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(1) In any county having a population exceeding 50,000 according tote last preceding decennial census and one U
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or more locations in addition tote county seat at is the county or circuit court sits and holds trials, the chief
judge, with the approval of a majority of the county commissioners, is authorized to create a jury district for each
courthouse location, from which jury lists shalt be selected in the manner presently provided by law. The creation of .2
a jury district under this section may be initiated by either the chief judge or a majority of the county
commissioners.
(2) In determining the boundaries of a jury district to serve the court located within the district, the chief judge 0
or the board of county commissioners all seek to avoid any exclusion of any cognizable group. Each jury district U)
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all include at least 6,000 registered voters. 91
91
History. -s. 1,ch. 76-114,s.2,ch.79-235;s. 1,ch.98-98. 0
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Copyright 0, 1995-2017 The Florida Legislature Privacy Statement e Contact Us 0
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APPROVED BY
THE
PREME COURT OF FLORJDA
IN "C'IIE CIRCUIT COUJ T OF THE I
THO]fto
JUDICIAL CIRCUIT OF TITE STATE OF >
C SUPREME COURT A FLORIDA IN, AND FOR MUNROE COUNTY
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,IN RE:
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SPElClAL JURY DISTRICTS LOCAL RULE NUMBER 4 .2
FOR MONROE COUNTY AMENDED
as
W11EREAS, Section 40.01 (l), Florida Statutes, provides that in any
COUntyhaving a population exceeding ,, p according to the last preceding
erennia.l census and one or inure jocations in a;d ir.iol-I to the c rrrrt.y seat at
which the uou nt r or circuit court sits and bolds jury trials, the Chief Judge, with
the approval of a Majority of the Monroe County Board of County
Commissioners, is atnthori ed to create a jury district for each oot III]Ouse
looatirort, iiTorn wh i ch jury lists shall e selected in the rt anin,er ;presently
Provided by law- and
WHEREAS, subsection (2), thereof, provides that earth, jury district shall
include at least 6,000 registered voters; and
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WIJEREAS, the official. U.S.. Bureau: of Census data, indicates that as of
2000, Monroe aunty has a population i'" 7 9 9k and
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WHEREAS, the Supervisor of lectio ns indicated that as of August 22, 2
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20,01, Monroe County has a registered voter population f 50,833 with the
districts as proposed herein consisting of the following apportionment:
Lower Juror District ('Precinct Numbers l through 17) — 26,725 registered.
Otersl Middle .Juror District (Pre rout Numbers IS through 24) — 11,229,
�
re, istere l ratersw andUpper drrr r District (Precinct lumbers 2 through
12,879 registeredvoters; and,
WHEREAS, the purpose Ofthese geographical divisions is to reduce
stibl stantial tra cl time, for jurors and to increase the surnmoning yieldThese
geographical divisions rel,1ect a tr ucross-section f'l on,r e County, with no �
systerrratic, exclusion of any group in the juror selection. process and, do not
otherwise violate equal protection requirements. The Court will review, this
local role on an annual basis as per Spen ^ r v., State, 545 der 2d, 1352 Fla,
1989); and
A THUF COPY
THOMAS D. ALL, Clerk a
supo e Court of,Rrwd
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WITEREAS, pursuant, to Section elf,01 ), Florida ' tap.urtes, the Chief"
Judge and. tl,.r: Monroe r rrwe ounty Board of t,unt r 'crnrruuaa'ioners, sought to avoid
cXcluusiuwuu of any cognizable group', and
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WHEREAS, the iioc roe Count Board, ref' County Commissioners a,t
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regularly scheduled meeting on May 15, 2002 unanimously approved the
creation, of jury districts consistentwith the terms and conditions of this l ,ualefi �
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NOW, THEREFORE, pursuant to the authority conferred by Rule �
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ORDEREDthat.
l here is hereby created, thm 3) se m,me jtar ° districts, arc0 for
each courthouse location, from which jury lists shall be, selected in the manner �
presently, provided by law and lcCa.l rule, Districts shall conform to the �
t llrwwin
g guidelines,
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LPAELLL- ter t rict „m, including the City of Key tir`est: to U
e w c t end of Spanish Harbor Bridge ('Precinct ;l uarnbers 1
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throe h l ) and
b,, ➢p c -Ph! i.ct - hegiuurwiru at the west end cf"the
Spanish Harbor Bridge to, and including, fsla.rnorada
(Precinct Numbers 18 through ), and
c. wlpper r l iaf.riu t - beginning at the west eyed ref
_ .
Plantation Key„ to and including Oscan Reef and that perr'tau rr
cf cinroe County situated uporl the mainland of` pl rida
(Precinct Numbers 25 through,h 33).
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1l ci i.1 ) u" trials and criminal j,uur ° trials, including capital cases,
„ill uut111 e venires drawn from special jory district where the: case is to be tried, (a
tuu,le o)odif°ied b!y a, specific order of the Chief Judge for clear and convincing
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3, The mane r of selection, shall be unwntrolled by Chapter 40, Florida �
Statutes and Local RUle "1'w+utarr be:r 5, In re: .1ury Selection.,.
This Rule shall have no application to circtrii grand jurors, car. �
statewide grand jurors selected p�uurauant to, Sections 905.01 and 05- 7, Florida
Statutes, respect;iel .
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.......................................................................................................
13y virtue of Rule 2-050(c), Fla.R-JudAdmin, this Local yule shall be
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submitted to the Soprenle Court for, approva,l and shall', become effective upon
the approval date.,
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DONE and SIGNED in Ch mbers at Key West, 14onroc COUjjtYL, Tlorida, 0
tl da 2002"
y of'
Richard G. Payne
Chief Judge
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APPROVED by, the Supreme Court ofFloficla, on the day of w
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