Title 28 — Judiciary and Judicial Procedure
Part I · Chapter 5 — District Courts
§ 89. Florida
Statutory text
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 89
June 25, 1948, ch. 646, 62 Stat. 876
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 876Public Law not identified
Changed · 28 U.S.C. § 89(b)
Subsec. (b). Act July 17, 1952, provided for holding court at Fort Myers and West Palm Beach
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b). Act July 17, 1952, provided for holding court at Fort Myers and West Palm Beach.Pub. L. 87–36 § 3(f) · 75 Stat. 80
Changed · 28 U.S.C. § 89(a)
Pub. L. 87–36 provided for holding court at Live Oak
Source evidence
Code amendment note
Subsec. (a). Pub. L. 87–36 provided for holding court at Live Oak.Enacted provision · exact public law section
(f) The second sentence of section 89(a) of title 28, United States Florida. Code, is hereby amended to read as follows: “Court for the Northern District shall be held at Gainesville, Marianna, Panama City, Pensacola, Tallahassee, and Live Oak.”Pub. L. 87–562 § 1 · 76 Stat. 247
Struck · 28 U.S.C. § 89
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
Source evidence
Code amendment note
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.Pub. L. 91–272 § 10 · 84 Stat. 294
Changed · 28 U.S.C. § 89(c)
Pub. L. 91–272 provided for holding court at Fort Lauderdale
Source evidence
Code amendment note
Subsec. (c). Pub. L. 91–272 provided for holding court at Fort Lauderdale.Enacted provision · exact public law section
Sec. 10. The second paragraph of section 89(c) of title 28, United 76 Stat. 248. States Code, is amended by inserting “Fort Lauderdale,” immediately after “shall be held at”.Federal District Court Organization Act of 1978
Pub. L. 95–408 § 4(a)(1) · 92 Stat. 883
Added · 28 U.S.C. § 89(a)
Pub. L. 95–408, § 4(a)(1), added Madison to the counties comprising the Northern District
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–408, § 4(a)(1), added Madison to the counties comprising the Northern District.Enacted provision · exact public law section
(1) in the first paragraph of subsection (a), by inserting “Madison,” immediately after “Liberty,”; andFederal District Court Organization Act of 1978
Pub. L. 95–408 § 4(a)(2) · 92 Stat. 883
Struck · 28 U.S.C. § 89(b)
Pub. L. 95–408, § 4(a)(2), struck out Madison from the counties comprising the Middle District
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–408, § 4(a)(2), struck out Madison from the counties comprising the Middle District.Enacted provision · exact public law section
(2) in the first paragraph of subsection (b), by striking out “Madison,”.Judicial Improvements and Access to Justice Act
Pub. L. 100–702 § 1021(a)(1) · 102 Stat. 4642
Added · 28 U.S.C. § 89(b)
Pub. L. 100–702, § 1021(a)(1), added Collier, Glades, and Hendry to the counties comprising the Middle District
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–702, § 1021(a)(1), added Collier, Glades, and Hendry to the counties comprising the Middle District.Enacted provision · exact public law section
(1) in subsection (b)— (A) by inserting “Collier,” after “Clay,”; (B) by inserting “Glades,” after “Flagler,”; and (C) by inserting “Hendry,” after “Hardee,”; andEffective date note
Pub. L. 100–702, title X, § 1021(b), (c), Nov. 19, 1988, 102 Stat. 4672, provided that:Judicial Improvements and Access to Justice Act
Pub. L. 100–702 § 1021(a)(2) · 102 Stat. 4642
Struck · 28 U.S.C. § 89(c)
Pub. L. 100–702, § 1021(a)(2), struck out Collier, Glades, and Hendry from the counties comprising the Southern District
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–702, § 1021(a)(2), struck out Collier, Glades, and Hendry from the counties comprising the Southern District.Enacted provision · exact public law section
(2) in subsection (c) by striking “Collier,” “Glades,” and “Hendry,”.Effective date note
Pub. L. 100–702, title X, § 1021(b), (c), Nov. 19, 1988, 102 Stat. 4672, provided that:
6 of 9 references resolved to an enrolled provision · 2 partial · 1 unresolved
Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 149 (Mar. 3, 1911, ch. 231, § 76, 36 Stat. 1108; June 15, 1933, ch. 77, 48 Stat. 147; Aug. 25, 1937, ch. 763, § 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.
Editorial Notes
Amendments1952–1988 · 6 rounds
1988
Subsec. (b). Pub. L. 100–702, § 1021(a)(1), added Collier, Glades, and Hendry to the counties comprising the Middle District.
Subsec. (c). Pub. L. 100–702, § 1021(a)(2), struck out Collier, Glades, and Hendry from the counties comprising the Southern District.
1978
Subsec. (a). Pub. L. 95–408, § 4(a)(1), added Madison to the counties comprising the Northern District.
Subsec. (b). Pub. L. 95–408, § 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 , provided for holding court at Fort Myers and West Palm Beach.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Pub. L. 100–702, title X, § 1021(b), (c), , 102 Stat. 4672, 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 [].
“(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
Pub. L. 95–408, § 5, , 92 Stat. 885, 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 [].
“(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
Pub. L. 87–562, § 5, , 76 Stat. 248, 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 [].”
District Judges, United States Attorneys, and United States Marshals Designations; Tenure; Appointments
Pub. L. 87–562, § 2, , 76 Stat. 248, provided that:
“(a) The district judge appointed , the district judge appointed , and the district judge appointed , 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 [], 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 [], 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.
Credits
1948–1988 · 7 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 876
- 1952July 17, 1952, ch. 929, 66 Stat. 757
- 1961Pub. L. 87–36, § 3(f), , 75 Stat. 83
- 1962Pub. L. 87–562, § 1, , 76 Stat. 247
- 1970Pub. L. 91–272, § 10, , 84 Stat. 298
- 1978Pub. L. 95–408, § 4(a), , 92 Stat. 884
- 1988Pub. L. 100–702, title X, § 1021(a), , 102 Stat. 4672.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 876; July 17, 1952, ch. 929, 66 Stat. 757; Pub. L. 87–36, § 3(f), , 75 Stat. 83; Pub. L. 87–562, § 1, , 76 Stat. 247; Pub. L. 91–272, § 10, , 84 Stat. 298; Pub. L. 95–408, § 4(a), , 92 Stat. 884; Pub. L. 100–702, title X, § 1021(a), , 102 Stat. 4672.)