PRESIDENT ’ S MESSAGE
Scott B . Smith 2022-23 PBCBA President
I cannot believe that it is already a couple of weeks into 2023 as I begin typing this first sentence in this President ’ s Message and I cannot believe that it will already be late January or early February by the time you receive this Bulletin and have the chance to read this message ( thank you by the way for doing so ). First , please allow me to say Happy New Year to everyone ! I sincerely hope and wish that every member of the Palm Beach County Bar Association , and their loved ones , have a happy , healthy , joyous , and prosperous 2023 .
It feels literally like yesterday that I had the good fortune to see and talk with so many of you at our annual Holiday Party at the Kravis Center . What a great night it was . Carla , Lynne , and the entire PBCBA staff did an amazing job with the event . The room was spacious and incredibly decorated . It was a special evening for us to get together at the end of 2022 to share some quality and non-stressful time with each other , but I still cannot believe that such fun night is already a month behind us and that we are already a good chunk of time into 2023 ! In addition , I cannot believe that we are now more than ½ way through our 100th Anniversary ( Centennial ) year . The storage closet and / or digital file for time that has passed must be an immensely gargantuan one .
This reflection about us already being several full steps into 2023 ’ s march made me think about how we will experience a fairly significant change in our appellate court ’ s landscape with the creation of the 6th District Court of Appeal and how , perhaps only for the time being , the extensive and sweeping proposals of the Workgroup on Improved Resolution of Civil Cases will not be put into effect by The Florida Supreme Court . Having 5 appellate courts in Florida seemed as embedded in stone as Tallahassee being our state ’ s capitol , but that changed as of January 1 , 2023 . Unlike what many of us thought was highly likely to be adopted by the Florida Supreme Court , in terms of immediate rule change , was not by way of its Opinion of January 12 , 2023 .
Although I am not a practicing appellate lawyer ( just a trial lawyer down in the trenches !), I certainly do appreciate the paramount importance of our appellate court system . As noted on the official Florida Court ’ s website , “[ t ] he purpose of Florida ’ s District Courts of Appeal is to provide the opportunity for thoughtful review of decisions of lower tribunals by multi-judge panels .” Such website further references that in efforts to continually improve the judicial process in Florida , the Florida Supreme Court recommended in November 2021 the addition of a sixth district court of appeal .
The recommendation for an additional appellate district was based on work conducted by the Workload and Jurisdiction Assessment Committee . Thereafter , the Florida Legislature proposed and passed HB 7027 , which was signed into law by Governor Ron Desantis in June of 2022 . As of January 1 , 2023 , there are now six operating District Courts of Appeal in Florida , located in Tallahassee ( 1st DCA ), Tampa ( 2nd DCA ), Miami ( 3rd DCA ), West Palm Beach ( 4th DCA ), Daytona Beach ( 5th DCA ), and Lakeland ( 6th DCA ). Prior to this addition of the new 6th DCA , it had been over 40 years since Florida added the 5th DCA .
Unlike the passage of HB 7027 , the profound changes proposed by the
Workgroup on Improved Resolution of Civil Cases were not approved by the Florida Supreme Court , at least not for the time being . On January 12 , 2023 , the Court issued a short and concise opinion stating “ Having considered the final report of the Workgroup on Improved Resolution of Civil Cases , the comments filed , the Workgroup ’ s response to the comments , and oral argument , the Court declines to adopt the Workgroup ’ s proposed amendments at this time because additional refinements are necessary .” The Court also indicated “ Instead , the Court will make a series of phased referrals for the refinement and study of the Workgroup ’ s proposals , beginning with the attached referrals to the Civil Procedure Rules Committee , the Rules of General Practice and Judicial Administration Committee , the Florida Courts Technology Commission and the Trial Court Budget Commission .”
The Workgroup had previously issued a 450-page final report that included substantial proposed amendments to the Rules of General Practice and Judicial Administration , Rules of Civil Procedure , Smalls Claims Rules , and Rules of Mediation . Among other things , the proposed changes call for establishing a “ differentiated case management ” system and setting trial dates at the beginning of the case and deadlines for motions and rulings . Although declining to adopt these changes at this time , the Court made a series of referrals for further review , study and refinement of such proposed changes . The Court has requested that the newest proposals and / or reports be submitted by July 3 , 2023 .
I hope this information is somewhat informative and helpful to all . I hope you are off to a great and productive start in 2023 and I look forward to seeing everyone soon as we continue to celebrate PBCBA ’ s 100th Anniversary !
PBCBA BAR BULLETIN 3