The plan, which may be unconstitutional, has three bay area counties move into a new 6th District Court of Appeal.
By JENNIFER LIBERTO
Published April 2, 2004
TALLAHASSEE - The Florida House wants to create a new appeals court for Pinellas, Hillsborough and Pasco counties.
It's controversial, unlikely to win Senate approval and could be unconstitutional, but the House voted to create the 6th District Court of Appeal 72-45, with seven Republicans voting no.
An amendment to the bill (HB 1849) would have forced Florida Supreme Court Chief Justice Harry Anstead to retire early - in time for Gov. Jeb Bush to appoint a replacement - or sacrifice $426,852 in a deferred retirement. Seventy other judges, including three in Pinellas County, also would have been affected. The amendment was withdrawn after Democrats accused Republicans of trying to intimidate judges.
The bill spends $4.7-million for 51 new judges. It also splits the 2nd District Court of Appeal in Lakeland to establish the new appellate court in Tampa. Hernando and Citrus counties would be moved from the 5th District Court of Appeal in Daytona Beach to the realigned 2nd District.
The Florida Supreme Court did not ask the Legislature to create a new appeals court, which Democrats said is required by the Florida Constitution.
"By creating a 6th District Court of Appeal, we have gone beyond what the Constitution has us do," said Tim Ryan, D-Dania.
Bill sponsor Bruce Kyle, R-Fort Myers, argued that the Supreme Court documented the need for the appellate court in a 1998 report, which he called "tantamount to a certification."
Kyle said a new appeals court is needed to ease a heavy case load among appellate courts.
Under the House plan, the 2nd District Court of Appeal would include Hernando, Citrus, Hardee, Highlands, Polk, De Soto, Manatee, Sarasota, Charlotte, Collier, Glades, Hendry, Lee, Lake, Marion and Sumter counties.
Second District Court of Appeal Chief Judge Chris Altenbernd warned Kyle in a letter that creating a new appeals court would create "major disruptions and additional costs."
- Times staff writer Lucy Morgan contributed to this report.
