IN THE THIRTEENTH JUDICIAL CIRCUIT ( HILLSBOROUGH COUNTY, FLORIDA ADMINISTRATIVE ORDER S-2006-199 (Supersedes Administrative Order S-2002-098) CIVIL APPELLATE DIVISION WHEREAS Article V, Section 5(b) of the Florida Constitution, Section 26.012(1), Florida Statutes, and Florida Rule of Appellate Procedure 9.030(c) empower the circuit court with jurisdiction of appeals from county courts and with jurisdiction of appeals from final administrative orders of local government code enforcement boards; and WHEREAS the bench and bar of the Thirteenth Judicial Circuit believe the existence of Appellate Division "X" (the specialized subdivision of the General Civil Division handling appeals from county courts and appeals from administrative orders of local government code enforcement boards) will continue to enhance the deliberative process and provide greater uniformity in the disposition of appeals; and WHEREAS Complex Business Litigation Division "L" will be established as an additional General Civil Division effective January 22, 2007; and WHEREAS General Civil Division "E" is in the process of being phased out (See Administrative Order S-206-147); and WHEREAS it is necessary for the proper and efficient operation of Appellate Division "X" to substitute Complex Business Litigation Division "L" for General Civil Division "E" in the composition of the three-judge appellate panels; and WHEREAS it is also necessary for the proper and efficient operation of this circuit to update the procedures in Division "X"; it is therefore ORDERED: Purpose 1. The purpose of Division "X" is to consider and dispose of: all appeals from the Hillsborough County Civil Division; all appeals pursuant to section 318.33, Florida Statutes, and
Florida Traffic Court Rule 6.630(e); all appeals from final administrative orders of local government code enforcement boards; and all appeals of non-final orders when provided by general law. Three-Judge Panels 2. All civil appeals invoking the appellate jurisdiction of the circuit court pursuant to Florida Rule of Appellate Procedure 9.030(c)(l) and all appeals pursuant to section 318.33, Florida Statutes, and Florida Traffic Court Rule 6.630(e) will be heard by three-judge panels. 3. An appeal will be assigned by the Clerk of the Circuit Court (hereinafter "clerk") to one of twenty-five appellate panels in a blind and equitable fashion. The twenty-five appellate panels are to be comprised of the judges assigned to the general civil divisions as follows: Panel Divisions of the General Civil Division 1 A G I 2 B H J 3 C F H 4 D A K 5 L F R 6 F B I 7 G C J 8 H I K 9 I C L 10 J I R 11 K B C 12 R A B 13 A F C 14 B D G 15 C R D 16 D L J 2
17 L K G 18 F 0 G 19 G H R 20 H A L 21 I H D 22 J A D 23 K R L 24 R L B 25 K F J Presiding Judge 4. The judge assigned to the lettered division first named on each panel above will be the presiding judge of the panel. 5. All motions will be filed according to the provisions of Florida Rule of Appellate Procedure 9.300. A copy of any motion filed will be provided to the presiding judge of the panel. The presiding judge will have full charge of the proceedings; provided, that upon the absence or inability of the presiding judge to act, any other judge of the panel may be substituted. The presiding judge will: (a) discharge the administrative duties of the panel, including scheduling oral argument sessions or oral-argument-waived conferences; (b) rule on all nondispositive motions; ( c) preside at all sessions; and (d) author any written opinion when the presiding judge is in the majority (When the presiding judge is in the minority, this responsibility will be discharged by the most senior judge in the majority.). 6. In order to facilitate expeditious disposition of appeals, the presiding judge may enter orders concerning matters encompassed within the following Florida Rules of Appellate Procedure: 9.040(b) (transfer to appropriate court of proceeding in inappropriate court); 9.040(d) (motions to amend); 9.200(e) (motions to enforce preparation and transmittal of record); 3
9.200(f) (motions to correct or supplement record); 9.300 (motions for extension oftime); 9.320 (motions relating to oral argument); 9.360 (motions relating to joinder and substitution of parties); 9.370 (motions relating to amicus curiae); 9.410 (sanctions); 9.420 (motions relating to service); 9.440 (motions relating to admission or withdrawal ofattorneys). Disqualification 7. In a case where a judge on a panel finds it necessary in the interest ofjustice to be disqualified, the judge will enter an order and refer the matter to the clerk for assignment of another judge in accordance with a blind and equitable rotation system. If the judge who is disqualified was the presiding judge of the panel, then the reassigned judge will become the presiding judge. Decision 8. After oral argument, or after discussion of a case in an oral-argument-waived conference, the panel will take a preliminary vote. Cases will be decided by majority vote. The panel member assigned to draft a written opinion will circulate the proposed opinion together with a face sheet on which the remaining panel members will indicate their concurrence or dissent. The court's opinion will follow the format utilized by the district courts of appeal. The face sheet together with the majority opinion and any concurring or dissenting opinions will be filed with the clerk. Rehearing or Clarification 9. If no motion for rehearing or clarification has been timely filed, the clerk will prepare the mandate for issuance pursuant to Florida Rule of Appellate Procedure 9.340. If a motion for rehearing or clarification has been timely filed, the clerk will forward a copy of the 4
( motion to the presiding judge. When the decision is filed on the motion for rehearing or clarification, the presiding judge will notify the clerk to issue the mandate. The Clerk 10. In addition to the duties enumerated above, the clerk will also perform all ministerial functions and discharge all clerical duties traditionally fulfilled by clerks in Florida appellate courts. Previous Administrative Order Superseded 11. This administrative order supersedes Administrative Order S-2002-098. However, all appeals in which the notice of appeal is filed prior to effective date of this administrative order shall continue to be governed by Administrative Order S-2002-098. For example, the presiding judge of General Civil Division "E" will continue to participate in all pending appeals in which the notice of appeal is filed prior to the effective date of this administrative order and in which General Civil Division "E" is a member of the assigned panel. Effective Date 12. This administrative order is effective January 22, 2007, and will apply to all appeals in which the notice of appeal is filed on or after the effective date. DONE AND ORDERED in chambers in Tampa, Hillsborough County, Florida, this ~day of December, 2006. Original to: Copies to: Pat Frank, Clerk of the Circuit Court All General Civil and County Civil Division Judges 5