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Judicial branch seeks judgeships, statutory modernizations and other changes in legislative agenda

2137137 · January 14, 2025
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Summary

The judicial branch presented a legislative agenda including requests for new judgeships, modernization of a duty‑judge statute, expansion of senior management retirement status and other technical changes affecting courts and clerks.

Eric McClure, state courts administrator, told the Senate Judiciary Committee that the Supreme Court approved a limited set of legislative priorities for the judicial branch, including requests tied to court workload, modernization of longstanding statutes and several technical changes to support court operations.

Why it matters: The agenda seeks additional judgeships and statutory changes that would affect court staffing, administrative authority and procedural operations across Florida. Funding and statutory amendments would require legislative action.

Major items in the judicial agenda: - Judicial certification and judgeships: The Supreme Court certified a need for two additional judges for the 6th District Court of Appeal (a recently created appellate court) and recommended 23 circuit judges and 25 county judges statewide based on updated case‑weighting studies and three‑year forecasted filings. McClure said the court recognizes fiscal and operational challenges and asked the Legislature to consider phased funding and implementation. - Senior management retirement status: The branch seeks statutory authority to allow the chief justice to designate additional executive‑level court positions (roughly 250) for senior management retirement participation to align court practice with legislative practice for the presiding officers. - Modernize duty‑judge statute: McClure said a statute dating to 1935 that references a judge on duty and hearing matters in "chambers" should be modernized to reflect current duty‑judge practices and remote proceeding capabilities. - Arbitration fee cap: The branch proposed striking a statutory cap on court‑ordered nonbinding arbitration compensation (currently $1,500 per day) to allow chief judges to set reasonable rates in local markets. - Public‑records exemption for appellate clerks: A proposal would extend a public‑records exemption protecting home addresses, dates of birth and similar personal identifying information for appellate clerks and related officers, following a similar exemption enacted for trial court clerks. - Notarial authentication: The agenda would allow judges to authenticate oaths, acknowledgments and similar actions without an official seal in out‑of‑court circumstances, as an alternative where the physical seal is not available. - Guardian ad litem testimony: A proposed hearsay exception would align guardian ad litem reports and testimony with existing exceptions for social‑worker reports in family and dependency cases.

Committee response: Senators asked about the judgeship requests and McClure explained the updated case‑weight study and the court's effort to balance operational needs with fiscal realities. He said any funded judgeships would require conforming statutory changes to authorized judgeship counts.

Ending: The judicial branch seeks legislative sponsorship and funding for its agenda items and said it will continue coordinating with lawmakers and justice‑system partners to refine proposals.