The Florida First District Court of Appeal is one of six intermediate appellate courts in Florida. It is located in Tallahassee, although it periodically hears oral arguments in other counties. The court consists of 13 judges. The Florida Legislature created the First District Court in 1957, along with the Second and Third district courts.[1][2][3]

The First District encompasses five circuits: the First, Second, Third, Eighth, and Fourteenth circuits.[4]

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• Published opinions of the Florida First District Court of Appeal can be found here. Archived opinions dating back to 2001 can be found here.

Florida First District Court of AppealCourt informationJudges: 13Founded: 1957Salary: Associates: $212,562[5]Judicial selectionMethod: Assisted appointmentTerm: 6 years

Judges

Judge Tenure Appointed By

Thomas D. Winokur

June 11, 2015 – Present

Rick Scott

Ross L. Bilbrey

December 23, 2014 – Present

Rick Scott

L. Clayton Roberts

January 18, 2007 – Present

Charlie Crist

Lori S. Rowe

September 15, 2009 – Present

Charlie Crist

Stephanie Williams Ray

2011 – Present

Rick Scott

Susan Kelsey

April 16, 2015 – Present

Rick Scott

Timothy D. Osterhaus

May 20, 2013 – Present

Rick Scott

Adam Tanenbaum

2019 – Present

Ron DeSantis

Joseph Lewis

2001 – Present

Jeb Bush

Rachel Nordby

2019 – Present

Ron DeSantis

Robert E. Long Jr.

June 30, 2020 – Present

Ron DeSantis

Bradford Thomas

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2005 – Present

Jeb Bush

M. Kemmerly Thomas

June 20, 2016 – Present

Rick Scott

Judicial selection

See also: Judicial selection in Florida

The justices of the Florida District Courts of Appeal are selected by a nine-member judicial nominating commission.[6] The commission screens potential judicial candidates, submitting a list of three to six nominees to the governor. The governor must appoint a judge from this list.[7]

Newly appointed judges serve for at least one year, after which they appear in a yes-no retention election held during the next general election. If retained, judges serve six-year terms.[7] Under the Florida constitution, a judge must retire at age 75; however, a judge who reaches 75 after serving at least half of his or her term may complete that term.[8]

Qualifications

To serve on one of these courts, a judge must be:

• a qualified elector;
• a resident in the jurisdiction of the court;
• admitted to practice law in the state for 10 years before assuming the bench; and
• under the age of 75.

Chief justice

The chief justice of the appellate courts is selected by peer vote. He or she serves in that capacity for two years.[7]

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs, the seat is filled as it normally would be if the vacancy occurred at the end of a judge’s term. A judicial nominating commission recommends three to six qualified candidates to the governor, and the governor selects a successor from that list. The new appointee serves for at least one year before running in a yes-no retention election. If retained, judges serve six-year terms.[7]

Salary

In 2023, the associate judges of the court received a salary of $212,562, according to the National Center for State Courts.[9]

Elections

For details about Florida’s judicial elections, visit the Florida judicial elections page.

2024

See also: Florida intermediate appellate court elections, 2024

The terms of 22 Florida intermediate appellate court judges will expire on January 7, 2025. The 22 seats are up for retention election on November 5, 2024. The filing deadline is April 26, 2024.

Judges with expiring terms

This is a list of the judges who must stand for retention election in 2024 in order to remain on the bench. Judges may choose not to stand for election. The list is subject to change if judges retire or are appointed.

First District Court of Appeal

■ Stephanie Williams Ray ■ Bradford Thomas ■ M. Kemmerly Thomas

Second District Court of Appeal

■ Anthony K. Black ■ Darryl Casanueva ■ Edward LaRose ■ Susan Rothstein-Youakim

Third District Court of Appeal

■ Kevin M. Emas ■ Ivan F. Fernandez ■ Norma S. Lindsey

Fourth District Court of Appeal

■ Burton C. Conner ■ Jeffrey T. Kuntz

Fifth District Court of Appeal

■ Joe Boatwright ■ Eric Eisnaugle ■ Harvey Jay III ■ Paige Kilbane ■ John MacIver ■ Jordan Pratt ■ Adrian Soud

Sixth District Court of Appeal

■ Keith F. White ■ Jared Smith ■ Joshua Mize

2022

See also: Florida intermediate appellate court elections, 2022

The terms of 28 Florida intermediate appellate court judges expired on January 2, 2023. The 28 seats were up for retention election on November 8, 2022.

Judges with expiring terms

Candidates and results

First District Court of Appeals

Bilbrey’s seat

Kelsey’s seat

Long’s seat

Rowe’s seat

Winokur’s seat

Second District Court of Appeals

Kelly’s seat

Khouzam’s seat

Labrit’s seat

Lucas’ seat

Morris’ seat

Northcutt’s seat

=Stargel’s seat

Villanti’s seat

Third District Court of Appeals

Bokor’s seat

Scales’ seat

Fourth District Court of Appeals

Artau’s seat

Ciklin’s seat

Damoorgian’s seat

Gerber’s seat

Gross’ seat

Levine’s seat

May’s seat

Fifth District Court of Appeals

Cohen’s seat

Edwards’ seat

Lambert’s seat

Nardella’s seat

Traver’s seat

Wozniak’s seat

2020

Main article: Florida intermediate appellate court elections, 2020

Judges with expiring terms

This is a list of the justices who had to stand for retention election in 2020 in order to remain on the bench. Justices could choose not to stand for election.

■ Joseph Lewis■ Scott D. Makar■ Rachel Nordby■ Timothy D. Osterhaus■ L. Clayton Roberts■ Adam Tanenbaum

2016

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Main article: Florida judicial elections, 2016

Judges who faced retention

■ James Wolf ■ Ross L. Bilbrey ■ T. Kent Wetherell ■ Lori S. Rowe ■ Susan Kelsey ■ Thomas D. “Bo” Winokur

Election results

November 8 general election

James Wolf was retained in the Florida First District Court of Appeal, Wolf’s Seat election with 62.52% of the vote.

Florida First District Court of Appeal, Wolf’s Seat, 2016 Name Yes votesJames Wolf62.52% Source: Florida Division of Elections Official Results

Ross L. Bilbrey was retained in the Florida First District Court of Appeal, Bilbrey’s Seat election with 63.25% of the vote.

Florida First District Court of Appeal, Bilbrey’s Seat, 2016 Name Yes votesRoss L. Bilbrey63.25% Source: Florida Division of Elections Official Results

T. Kent Wetherell was retained in the Florida First District Court of Appeal, Wetherell’s Seat election with 62.23% of the vote.

Florida First District Court of Appeal, Wetherell’s Seat, 2016 Name Yes votesT. Kent Wetherell62.23% Source: Florida Division of Elections Official Results

Lori S. Rowe was retained in the Florida First District Court of Appeal, Rowe’s Seat election with 63.53% of the vote.

Florida First District Court of Appeal, Rowe’s Seat, 2016 Name Yes votesLori S. Rowe63.53% Source: Florida Division of Elections Official Results

Susan Kelsey was retained in the Florida First District Court of Appeal, Kelsey’s Seat election with 64.94% of the vote.

Florida First District Court of Appeal, Kelsey’s Seat, 2016 Name Yes votesSusan Kelsey64.94% Source: Florida Division of Elections Official Results

Thomas D. “Bo” Winokur was retained in the Florida First District Court of Appeal, Winokur’s Seat election with 61.52% of the vote.

Florida First District Court of Appeal, Winokur’s Seat, 2016 Name Yes votesThomas D. “Bo” Winokur61.52% Source: Florida Division of Elections Official Results

2014

Retention

JudgeElection VoteRobertsL. Clayton Roberts64.2% ALewisJoseph Lewis64.4% ABentonRobert Benton64.6% AMakarScott D. Makar63.8% AOsterhausTimothy D. Osterhaus63.4% A

2012

JudgeIncumbencyRetention voteRetention Vote %ThomasBradford Thomas AYes813,71464.5%ASwansonRonald V. Swanson AYes821,13964.9%AMarstillerSimone Marstiller AYes785,39761.7%ARayStephanie Williams Ray AYes837,70966.1%A

Ethics

The Code of Judicial Conduct for the State of Florida sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Florida. It consists of seven canons:

• Canon 1: “A Judge Shall Uphold the Integrity and Independence of the Judiciary”
• Canon 2: “A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all of the Judge’s Activities”
• Canon 3: “A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently”
• Canon 4: “A Judge Is Encouraged to Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice”
• Canon 5: “A Judge Shall Regulate Extrajudicial Activities to Minimize the Risk of Conflict With Judicial Duties”
• Canon 6: “Fiscal Matters of a Judge Shall be Conducted in a Manner That Does Not Give the Appearance of Influence or Impropriety; etc.”
• Canon 7: “A Judge or Candidate for Judicial Office Shall Refrain From Inappropriate Political Activity”[10]

The full text of the Code of Judicial Conduct for the State of Florida can be found here.

Removal of judges

Judges in Florida may be removed in one of two ways:

• By a two-thirds vote of the senate after a two-thirds vote for impeachment by the house of representatives
• By the supreme court after a recommendation from the Florida Judicial Qualifications Commission[11]

Jurisdiction

There are five circuits and 29 counties in the First District.[2]

• First Circuit: Escambia, Santa Rosa, Okaloosa and Walton counties
• Second Circuit: Franklin, Gadsden, Jefferson, Leon, Liberty and Wakulla counties
• Third Circuit: Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee and Taylor counties
• Eighth Circuit: Alachua, Baker, Bradford, Gilchrist, Levy and Union counties
• Fourteenth Circuit: Bay, Calhoun, Gulf, Holmes, Jackson and Washington counties[12]

Noteworthy cases

Courtroom Weekly: Florida Showdown: College gun ban struck, December 19, 2013

State profile

Demographic data for Florida FloridaU.S.Total population:20,244,914316,515,021 Land area (sq mi):53,6253,531,905Race and ethnicity** White:76%73.6% Black/African American:16.1%12.6% Asian:2.6%5.1% Native American:0.3%0.8% Pacific Islander:0.1%0.2% Two or more:2.4%3% Hispanic/Latino:23.7%17.1%Education High school graduation rate:86.9%86.7% College graduation rate:27.3%29.8%Income Median household income:$47,507$53,889 Persons below poverty level:19.8%11.3%Source: U.S. Census Bureau, “American Community Survey” (5-year estimates 2010-2015)Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Florida. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Florida

Florida voted Republican in four out of the six presidential elections between 2000 and 2020.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, four are located in Florida, accounting for 1.94 percent of the total pivot counties.[19]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year’s presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Florida had three Retained Pivot Counties and one Boomerang Pivot County, accounting for 1.66 and 4.00 percent of all Retained and Boomerang Pivot Counties, respsectively.

More Florida coverage on Ballotpedia

• Elections in Florida
• United States congressional delegations from Florida
• Public policy in Florida
• Influencers in Florida
• Florida fact checks
• More…

See also

Florida Judicial Selection More Courts Courts in Florida Florida Court of Appeals Florida Supreme Court Elections: 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in Florida Federal courts State courts Local courts

External links

• Florida Courts, “First District Court of Appeal”

Footnotes

Florida District Courts of AppealJudicial selection in Florida • 2024 elections • Florida Supreme Court First District

Joseph Lewis • L. Clayton Roberts • Bradford Thomas • Ross L. Bilbrey • Lori S. Rowe • Stephanie Williams Ray • Timothy D. Osterhaus • Susan Kelsey • Thomas D. “Bo” Winokur • Robert E. Long Jr. • M. Kemmerly Thomas • Rachel Nordby • Adam Tanenbaum •

Second District Stevan Northcutt • Nelly Khouzam • Patricia Kelly • Darryl Casanueva • Craig Villanti • Morris Silberman • Edward LaRose • Daniel H. Sleet • Anthony K. Black • Robert J. Morris Jr. (Florida Court of Appeals judge) • Matthew C. Lucas • Andrea Teves Smith • Susan Rothstein-Youakim • J. Andrew Atkinson • Suzanne Labrit • Third District

Richard Suarez • Kevin M. Emas • Ivan F. Fernandez • Eric Hendon • Bronwyn C. Miller • Monica Gordo • Fleur J. Lobree • Thomas W. Logue • Edwin A. Scales, III •

Fourth District

Robert Gross • Cory Ciklin • Martha Warner • Melanie May • Dorian Damoorgian • Burton C. Conner • Jonathan D. Gerber • Spencer D. Levine • Mark W. Klingensmith • Alan O. Forst • Edward Artau • Jeffrey T. Kuntz •

Fifth District

Eric Eisnaugle • Brian D. Lambert • Frederic Rand Wallis • John M. Harris • Norma S. Lindsey • Adrian Soud • Harvey Jay III • Scott D. Makar • James A. Edwards • Paige Kilbane • Joe Boatwright • Jordan Pratt • John MacIver •

Sixth District

Jay Cohen • John K. Stargel • Keith F. White • Daniel Traver • Jared Smith • Paetra Brownlee • Mary Alice Nardella • Joshua Mize • Carrie Ann Wozniak •

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