§ 89. — Florida.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC89]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 5--DISTRICT COURTS
Sec. 89. Florida
Florida is divided into three judicial districts to be known as the
Northern, Middle, and Southern Districts of Florida.
Northern District
(a) The Northern District comprises the counties of Alachua, Bay,
Calhoun, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Holmes,
Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Okaloosa,
Santa Rosa, Taylor, Wakulla, Walton, and Washington.
Court for the Northern District shall be held at Gainesville,
Marianna, Panama City, Pensacola, and Tallahassee.
Middle District
(b) The Middle District comprises the counties of Baker, Bradford,
Brevard, Charlotte, Citrus, Clay, Collier, Columbia, De Soto, Duval,
Flagler, Glades, Hamilton, Hardee, Hendry, Hernando, Hillsborough, Lake,
Lee, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk,
Putnam, St. Johns, Sarasota, Seminole, Sumter, Suwannee, Union, and
Volusia.
Court for the Middle District shall be held at Fernandina, Fort
Myers, Jacksonville, Live Oak, Ocala, Orlando, Saint
Petersburg, and Tampa.
Southern District
(c) The Southern District comprises the counties of Broward, Dade,
Highlands, Indian River, Martin, Monroe, Okeechobee, Palm Beach, and St.
Lucie.
Court for the Southern District shall be held at Fort
Lauderdale, Fort Pierce, Key West, Miami, and West Palm
Beach.
(June 25, 1948, ch. 646, 62 Stat. 876; July 17, 1952, ch. 929, 66 Stat.
757; Pub. L. 87-36, Sec. 3(f), May 19, 1961, 75 Stat. 83; Pub. L. 87-
562, Sec. 1, July 30, 1962, 76 Stat. 247; Pub. L. 91-272, Sec. 10, June
2, 1970, 84 Stat. 298; Pub. L. 95-408, Sec. 4(a), Oct. 2, 1978, 92 Stat.
884; Pub. L. 100-702, title X, Sec. 1021(a), Nov. 19, 1988, 102 Stat.
4672.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 149 (Mar. 3, 1911, ch.
231, Sec. 76, 36 Stat. 1108; June 15, 1933, ch. 77, 48 Stat. 147; Aug.
25, 1937, ch. 763, Sec. 1, 50 Stat. 800).
A provision requiring rooms and accommodations to be furnished at
Orlando without cost to the United States was omitted as obsolete, upon
advice of the Director of the Administrative Office for the United
States Courts that Federal accommodations are now available in Orlando.
A provision requiring court to be open at all times was omitted as
covered by section 452 of this title.
A provision that no deputy clerk or deputy marshal should be
appointed at Fort Pierce, was omitted as incongruous with other sections
of this title. See sections 541 [see 561], 542 [see 561], and 751 of
this title.
The provision respecting court accommodations at Fort Pierce and
Panama City was omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
Amendments
1988--Subsec. (b). Pub. L. 100-702, Sec. 1021(a)(1), added Collier,
Glades, and Hendry to the counties comprising the Middle District.
Subsec. (c). Pub. L. 100-702, Sec. 1021(a)(2), struck out Collier,
Glades, and Hendry from the counties comprising the Southern District.
1978--Subsec. (a). Pub. L. 95-408, Sec. 4(a)(1), added Madison to
the counties comprising the Northern District.
Subsec. (b). Pub. L. 95-408, Sec. 4(a)(2), struck out Madison from
the counties comprising the Middle District.
1970--Subsec. (c). Pub. L. 91-272 provided for holding court at Fort
Lauderdale.
1962--Pub. L. 87-562 struck out provisions which authorized court
for the Northern District to be held at Live Oak, and for the Southern
District at Fernandina, Fort Myers, Jacksonville, Ocala, Orlando, and
Tampa, and removed the counties of Baker, Bradford, Brevard, Charlotte,
Citrus, Clay, Columbia, De Soto, Duval, Flagler, Hamilton, Hardee,
Hernando, Hillsborough, Lake, Lee, Madison, Manatee, Marion, Nassau,
Orange, Osceola, Pasco, Pinellas, Polk, Putnam, Saint Johns, Sarasota,
Seminole, Sumter, Suwannee, Union, and Volusia from the Southern
District and created the Middle District to comprise such counties.
1961--Subsec. (a). Pub. L. 87-36 provided for holding court at Live
Oak.
1952--Subsec. (b). Act July 17, 1952, provided for holding court at
Fort Myers and West Palm Beach.
Effective Date of 1988 Amendment
Section 1021(b), (c) of title X of Pub. L. 100-702 provided that:
``(b) Effective Date.--(1) The amendments made by this section
[amending this section] shall take effect 90 days after the date of
enactment of this title [Nov. 19, 1988].
``(2) The amendments made by subsection (a) [amending this section]
shall apply to any action commenced in the United States District Court
for the Middle District of Florida, or in the United States District
Court for the Southern District of Florida, on or after the effective
date of this title [probably should be effective date of this section],
and shall not affect any action pending in either such court on such
effective date.
``(c) Juries.--The amendments made by this section [amending this
section] shall not affect the composition, or preclude the service, of
any grand or petit jury summoned, empaneled, or actually serving on the
effective date of this title [probably should be effective date of this
section].''
Effective Date of 1978 Amendment; Savings Provision
Section 5 of Pub. L. 95-408 provided that:
``(a) The amendments made by this Act [amending this section and
sections 93, 97, 98, 104, 112, 114, and 133 of this title and enacting
provisions set out as a note under section 81 of this title] shall take
effect 180 days after the date of enactment of this Act [Oct. 2, 1978].
``(b) Nothing in this Act shall affect the composition or preclude
the service of any grand or petit juror summoned, empaneled, or actually
serving in any judicial district on the effective date of this Act.''
Effective Date of 1962 Amendment
Section 5 of Pub. L. 87-562 provided that: ``This Act [amending this
section and section 133 of this title and enacting provisions set out as
notes under this section and section 142 of this title] shall become
effective ninety days after the date of enactment [July 30, 1962].''
District Judges, United States Attorneys, and United States Marshals
Designations; Tenure; Appointments
Section 2 of Pub. L. 87-562 provided that:
``(a) The district judge appointed September 26, 1950, the district
judge appointed August 13, 1955, and the district judge appointed March
8, 1961, all for the Southern District of Florida, shall hereafter be
designated as district judges for the Middle District of Florida.
``(b) The district judge for the Northern and Southern Districts of
Florida shall hereafter be designated as the district judge for the
Northern, Middle, and Southern Districts of Florida.
``(c) Nothing in this Act [amending this section and section 133 of
this title, and enacting provisions set out as notes under this section
and section 142 of this title] shall in any manner affect the tenure of
office of the United States Attorney and the United States Marshal for
the Northern District of Florida who are in office at the time of the
enactment of this Act [July 30, 1962], and who shall be during the
remainder of their present terms of office the United States Attorney
and Marshal for such district as constituted by this Act.
``(d) Nothing in this Act [amending this section and section 133 of
this title and enacting provisions set out as notes under this section
and section 142 of this title] shall in any manner affect the tenure of
office of the United States Attorney and the United States Marshal for
the Southern District of Florida who are in office at the time of the
enactment of this Act [July 30, 1962], and who shall be during the
remainder of their present terms of office the United States Attorney
and Marshal for the Middle District of Florida as constituted by this
Act.
``(e) The President is authorized to appoint, by and with the advice
and consent of the Senate, a United States Attorney and a United States
Marshal for the Southern District of Florida.''
Elimination of District Judgeship for Northern, Middle, and Southern
Districts of Florida
District judgeship for northern, middle, and southern districts
changed to district judgeship for middle district only, see section 2(b)
of Pub. L. 89-372, set out as a note under section 133 of this title.
