Supreme Court of Florida ______________

No. SC20-1668

______________

IN RE: CERTIFICATION OF NEED

FOR ADDITIONAL JUDGES.

December 3, 2020

PER CURIAM.

This opinion fulfills our constitutional obligation to determine the State’s 

need for additional judges in fiscal year 2021/2022 and to certify our “findings and 

recommendations concerning such need” to the Florida Legislature.1

 Certification 

is “the sole mechanism established by our constitution for a systematic and 

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 re Certification of Need for Additional Judges, 287 So. 3d 489 (Fla. 

2019), last year’s opinion, certified 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 

Judicial Circuit, four additional county court judgeships in Hillsborough County,

one additional county court judgeship in Orange County, and one additional county 

court judgeship in Lee County. In that opinion, we also decertified 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.

The Legislature authorized the ten additional trial court judgeships, as 

certified, in the Florida Statutes2 and appropriated funding in the fiscal year 

2020/2021 General Appropriations Act3 for them, as well as for complementary 

staff support positions. The Governor approved the statutory changes4 but vetoed 

2. Fla. HB 5301, §§ 1-2 (2020) (enrolled) (amending section 26.031, Florida 

Statutes, to authorize the four circuit court judgeships, and section 34.022, Florida 

Statutes, to authorize the six county court judgeships). 

3. Fla. HB 5001, § 7, at 414, 417 (2020) (enrolled) (provisos accompanying 

specific appropriations 3222, 3224, 3236, 3238, 3240, and 3246).

4. Ch. 2020-112, §§ 1-2, Laws of Fla. In his letter to the Secretary of State 

transmitting his approval of the legislation, the Governor stated, “I simply do not 

believe that it is fiscally prudent to employ the additional judges at this time. 

However, by signing HB 5301, we will preserve the establishment of these 
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the funding due to statewide budget concerns stemming from the Coronavirus 

Disease 2019 (COVID-19) pandemic.

5

 The Florida Supreme Court asks that the 

Legislature again fund those judgeships in the fiscal year 2021/2022 General 

Appropriations Act. 

The ten new judgeships authorized during the 2020 legislative session but 

for which the funding was vetoed were considered to be in existence for purposes 

of conducting the analysis in support of this year’s certification opinion. In this 

opinion we are certifying the need for one additional circuit court judgeship in the 

Fourteenth Judicial Circuit, two additional county court judgeships in Hillsborough 

County, and no additional judgeships in the district courts of appeal. We decertify

no district court, circuit court, or county court judgeships.

To make this decision, the Court continues to use a verified objective 

weighted caseload methodology as a primary basis for assessing judicial need.6

 

The objective data are supplemented by judgeship requests submitted by the lower 

courts, including descriptions of the impact of various secondary factors. These 

secondary factors identified by each chief judge reflect local differences in support 

additional judgeships with the hope that they can be funded as the state budget 

outlook improves.” Letter from Governor Ron DeSantis to Secretary of State 

Laurel M. Lee (June 29, 2020). 

5. Ch. 2020-111, § 7, Laws of Fla.

6. 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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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 alone 

would indicate excess judicial capacity. Applying the criteria in this two-step 

methodology, we conclude that the Fourteenth Judicial Circuit has a demonstrable 

need for an additional circuit court judgeship and Hillsborough County has a 

demonstrable need for two additional county court judgeships. Considered in

isolation, the two-step analysis also suggested the decertification of two county 

court judgeships in Brevard County and one county court judgeship each in 

Alachua, Collier, and Monroe counties. However, the Court determines that the 

secondary factor analysis, coupled with recent statutory amendments and other 

relevant circumstances further explained below, militates against decertification of 

any trial court judgeships. 

Our evaluation of these matters takes into account developments in the way 

our courts perform their duties that are not currently captured by the weighted

caseload methodology. We also consider recently adopted legislation and rule

changes that could have a significant impact.

A number of issues require additional study, review, and consideration 

because they portend additional workload or limit our ability to accurately project 

judicial need. In particular, the impact of the COVID-19 pandemic in the circuit 

and county courts has been substantial. Indeed, the pandemic has placed 
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extraordinary strains on our trial courts. In response to the limitations imposed by 

the public health crisis, trial courts have been proactive in adapting court 

operations, including using technology to conduct proceedings remotely and help 

keep the work of the courts progressing. Despite the innovative steps, a significant 

increase in pending workload is anticipated as the courts fully return to normal 

operations. The additional caseload is attributed to: proceedings, such as jury 

trials, in existing cases that necessarily were suspended or delayed to protect public 

health and safety; cases the courts anticipate but that are delayed in filing due to 

the onset of the pandemic; and new cases stemming from the public health 

emergency itself or from pandemic-related economic conditions. As reflected in 

the State Courts System’s fiscal year 2021/2022 legislative budget request, the 

Trial Court Budget Commission has identified the need for temporary adjudicatory 

and case support resources to address this workload. This approach is similar to 

the approach used during the foreclosure crisis, in which the court system 

requested, and the Legislature appropriated, funding for temporary resources such 

as case managers and senior judges to address the mounting caseload. Likewise, 

all available existing judicial resources will be needed to contribute to the 

pandemic-recovery effort. In these circumstances, we are loath to recommend the 

elimination of any judicial positions.
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Another issue requiring consideration, because it influences this Court’s

ability to accurately project judicial need, is the monetary jurisdiction change in 

county court. Chapter 2019-58, section 9, Laws of Florida, increased the dollar 

amount threshold for the jurisdiction of the county court. The Legislature took a 

phased approach to the implementation of this statutory revision. Effective 

January 1, 2020, county court monetary jurisdiction increased from an upper limit 

of $15,000 to $30,000, and it is scheduled for a second increase to $50,000 on 

January 1, 2023. The jurisdictional increase in county court can reasonably be 

expected to increase workload in the county courts and decrease workload in the 

circuit courts. However, the jurisdictional change largely coincided with the onset 

of the COVID-19 pandemic and an associated decrease in overall court filings. 

Thus, it is not yet possible to determine precisely how these statutory revisions will 

affect workload among the tiers of court.

Similarly, chapter 2020-61, sections 3 and 8, Laws of Florida, transfers

circuit court authority to hear appeals from county court final orders and judgments

in criminal misdemeanor cases and most civil cases to the district courts of appeal. 

(The law did not amend all instances of statutory circuit court appellate authority,

and the circuit courts, therefore, will continue to have appellate jurisdiction for 

certain administrative decisions and certain county court decisions entered in

noncriminal infraction and other cases.) These changes regarding appellate review 
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will affect the respective distribution of judicial workload between the circuit and 

appellate courts when the law becomes effective on January 1, 2021.

In addition to the uncertainty surrounding effects of the COVID-19 

pandemic and implementation of jurisdictional changes, this Court is reluctant to 

decertify judgeships while it is anticipated that the Court will be asked to consider 

revisions to the rules governing its certification analysis. The Court directed its 

Commission on Trial Court Performance and Accountability to review Florida 

Rule of Judicial Administration 2.240, Determination of Need for Additional 

Judges. The review included an assessment of the secondary factors influencing 

judicial certification to determine if there are areas of inconsistency, overlap, or 

disjunction between current criteria in the case-weight formula and the unique 

local differences reported by the chief judges in the secondary factors portion of 

the evaluation of judicial need. The Commission is expected to file proposed

revisions to rule 2.240(c), Florida Rules of Judicial Administration, to supplement 

the secondary factors prescribed in the rule to include, among other proposed 

additions, the existence and use of problem-solving courts. The Commission’s

proposed revisions to the secondary factors reflect concerns that trial court judges 

have been expressing about a need to review and possibly refine the method for 

reporting on the increased numbers and types of problem-solving courts 
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throughout the state and the increased number of cases handled by those problemsolving courts.

Having conducted a quantitative assessment of trial and appellate court 

judicial workload and having also considered the various qualitative factors,

workload trends related to the COVID-19 pandemic, and jurisdictional changes,

we certify the need for three additional trial court judgeships in Florida, consisting 

of one in circuit court and two in county court, as set forth in the appendix to this 

opinion. We certify no need for additional judgeships in the district courts of 

appeal. We also recommend no decertification of district court, circuit court, or 

county court judgeships. 

In addition to the certified need for three trial court judgeships described 

above, we respectfully request the Florida Legislature to again fund last year’s ten

authorized judgeships. Those judgeships, along with other resources requested 

through a legislative budget request this year, will assist the judicial branch in 

meeting demands associated with the pandemic-generated workload and court 

jurisdictional changes.

It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, 

and GROSSHANS, JJ., concur.

Original Proceeding – Certification of Need for Additional Judges
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APPENDIX

Trial Court Need

Circuit

Circuit Court 

Certified 

Judges County

County Court 

Certified 

Judges

1 0 N/A 0

2 0 N/A 0

3 0 N/A 0

4 0 N/A 0

5 0 N/A 0

6 0 N/A 0

7 0 N/A 0

8 0 N/A 0

9 0 N/A 0

10 0 N/A 0

11 0 N/A 0

12 0 N/A 0

13 0 Hillsborough 2

14 1 N/A 0

15 0 N/A 0

16 0 N/A 0

17 0 N/A 0

18 0 N/A 0

19 0 N/A 0

20 0 N/A 0

Total 1 Total 2