Election law changes? Our legislation tracker’s got you. Check it out!

Florida Fifth District Court of Appeal

From Ballotpedia
Jump to: navigation, search
Judges of the Florida Fifth District Court of Appeal

The Florida Fifth District Court of Appeal is one of six intermediate appellate courts in Florida. It is located in Daytona Beach and has 12 judges.[1][2]

The Florida Legislature created the Fifth District Court in 1979. It has jurisdiction over four circuits: the Fourth, Fifth, Seventh, and Eighteenth circuits. The Florida Supreme Court had recommended that the new district include the Tenth Judicial Circuit, but the legislature excluded the circuit. Legislators argued over whether the headquarters would be in Orlando or Daytona Beach, and the latter won out. According to the official court history, House Speaker Hyatt Brown, Senator Edgar Dunn and Majority Leader Sam Bell influenced that decision. Governor Bob Graham sought an advisory opinion on the district's constitutionality from the Supreme Court. Three justices declined to join the other four justices in issuing an opinion on the district's constitutionality. The four ruled in favor.[3][4]

  • Published opinions of the Florida Fifth District Court of Appeal can be found here.
 
Florida Fifth District Court of Appeal
Intermediate Appellate Courts Seal-template.png
Court information
Judges:   12
Founded:   1957
Salary:  Associates: $223,318[5]
Judicial selection
Method:   Assisted appointment
Term:   6 years

Judges

Judge Tenure Appointed By

Eric Eisnaugle

2017 - Present

Rick Scott

Scott D. Makar

January 1, 2023 - Present

Ron DeSantis

James A. Edwards

November 14, 2014 - Present

Rick Scott

Frederic Rand Wallis

May 29, 2013 - Present

Rick Scott

Brian D. Lambert

May 19, 2014 - Present

Rick Scott

John MacIver

January 1, 2023 - Present

Ron DeSantis

John M. Harris

2018 - Present

Rick Scott

Harvey Jay III

January 1, 2023 - Present

Ron DeSantis

Adrian Soud

January 1, 2023 - Present

Ron DeSantis

Paige Kilbane

January 1, 2023 - Present

Ron DeSantis

Joe Boatwright

January 1, 2023 - Present

Ron DeSantis


Judges on senior status

Former judges

Salary

See also: Florida court salaries and budgets

In 2025, the associate judges of the court received a salary of $223,318, according to the National Center for State Courts.[7]

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.[8] 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.[9]

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.[9] 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.[10]

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.[9]

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.[9]

Elections

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

See also: Florida intermediate appellate court elections, 2030

Joe Boatwright's seat


There are no official candidates yet for this election.


Adrian Soud's seat


There are no official candidates yet for this election.


Jordan Pratt's seat


There are no official candidates yet for this election.


John MacIver's seat


There are no official candidates yet for this election.


Paige Kilbane's seat


There are no official candidates yet for this election.


Harvey Jay's seat


There are no official candidates yet for this election.


Eric Eisnaugle's seat


There are no official candidates yet for this election.


See also: Florida intermediate appellate court elections, 2028

Brian Lambert's seat


There are no official candidates yet for this election.


James Edwards' seat


There are no official candidates yet for this election.


See also: Florida intermediate appellate court elections, 2026

Frederic Rand Wallis' seat


There are no official candidates yet for this election.


John Harris' seat


There are no official candidates yet for this election.


See also: Florida intermediate appellate court elections, 2024

Eric Eisnaugle's seat

Florida 5th District Court of Appeal

Eric Eisnaugle was retained to the Florida 5th District Court of Appeal on November 5, 2024 with 63.8% of the vote.

Retention Vote
%
Votes
✔ Yes
 
63.8
 
1,416,215
No
 
36.2
 
804,992
Total Votes 2,221,207

The results have been certified. Source

John MacIver's seat

Florida 5th District Court of Appeal

John MacIver was retained to the Florida 5th District Court of Appeal on November 5, 2024 with 64.2% of the vote.

Retention Vote
%
Votes
✔ Yes
 
64.2
 
1,420,984
No
 
35.8
 
790,866
Total Votes 2,211,850

The results have been certified. Source

Jordan Pratt's seat

Florida 5th District Court of Appeal

Jordan Pratt was retained to the Florida 5th District Court of Appeal on November 5, 2024 with 65.2% of the vote.

Retention Vote
%
Votes
✔ Yes
 
65.2
 
1,440,056
No
 
34.8
 
768,806
Total Votes 2,208,862

The results have been certified. Source

Joe Boatwright's seat

Florida 5th District Court of Appeal

Joe Boatwright was retained to the Florida 5th District Court of Appeal on November 5, 2024 with 65.3% of the vote.

Retention Vote
%
Votes
✔ Yes
 
65.3
 
1,464,141
No
 
34.7
 
777,500
Total Votes 2,241,641

The results have been certified. Source

Paige Kilbane's seat

Florida 5th District Court of Appeal

Paige Kilbane was retained to the Florida 5th District Court of Appeal on November 5, 2024 with 65.2% of the vote.

Retention Vote
%
Votes
✔ Yes
 
65.2
 
1,445,361
No
 
34.8
 
773,146
Total Votes 2,218,507

The results have been certified. Source

Adrian Soud's seat

Florida 5th District Court of Appeal

Adrian Soud was retained to the Florida 5th District Court of Appeal on November 5, 2024 with 65.2% of the vote.

Retention Vote
%
Votes
✔ Yes
 
65.2
 
1,439,256
No
 
34.8
 
767,844
Total Votes 2,207,100

The results have been certified. Source

Scott Makar's seat

General election

The general election scheduled for November 5, 2024, was canceled.

Harvey Jay's seat

Florida 5th District Court of Appeal

Harvey Jay III was retained to the Florida 5th District Court of Appeal on November 5, 2024 with 66.1% of the vote.

Retention Vote
%
Votes
✔ Yes
 
66.1
 
1,469,464
No
 
33.9
 
752,263
Total Votes 2,221,727

The results have been certified. Source

See also: Florida intermediate appellate court elections, 2022

Edwards' seat

Florida 5th District Court of Appeal

James A. Edwards was retained to the Florida 5th District Court of Appeal on November 8, 2022 with 69.3% of the vote.

Retention Vote
%
Votes
✔ Yes
 
69.3
 
1,172,967
No
 
30.7
 
519,622
Total Votes 1,692,589

The results have been certified. Source

Traver's seat

Florida 5th District Court of Appeal

Daniel Traver was retained to the Florida 5th District Court of Appeal on November 8, 2022 with 67.3% of the vote.

Retention Vote
%
Votes
✔ Yes
 
67.3
 
1,136,120
No
 
32.7
 
552,676
Total Votes 1,688,796

The results have been certified. Source

Cohen's seat

Florida 5th District Court of Appeal

Jay Cohen was retained to the Florida 5th District Court of Appeal on November 8, 2022 with 64.7% of the vote.

Retention Vote
%
Votes
✔ Yes
 
64.7
 
1,100,786
No
 
35.3
 
600,767
Total Votes 1,701,553

The results have been certified. Source

Wozniak's seat

Florida 5th District Court of Appeal

Carrie Ann Wozniak was retained to the Florida 5th District Court of Appeal on November 8, 2022 with 67.9% of the vote.

Retention Vote
%
Votes
✔ Yes
 
67.9
 
1,147,273
No
 
32.1
 
543,002
Total Votes 1,690,275

The results have been certified. Source

Lambert's seat

Florida 5th District Court of Appeal

Brian D. Lambert was retained to the Florida 5th District Court of Appeal on November 8, 2022 with 69.3% of the vote.

Retention Vote
%
Votes
✔ Yes
 
69.3
 
1,174,128
No
 
30.7
 
519,189
Total Votes 1,693,317

The results have been certified. Source

Nardella's seat

Florida 5th District Court of Appeal

Mary Alice Nardella was retained to the Florida 5th District Court of Appeal on November 8, 2022 with 66.6% of the vote.

Retention Vote
%
Votes
✔ Yes
 
66.6
 
1,128,706
No
 
33.4
 
565,601
Total Votes 1,694,307

The results have been certified. Source

See also: Florida intermediate appellate court elections, 2020

Meredith Sasso's seat

Florida 5th District Court of Appeal

Meredith Sasso was retained to the Florida 5th District Court of Appeal on November 3, 2020 with 70.7% of the vote.

Retention Vote
%
Votes
✔ Yes
 
70.7
 
1,624,009
No
 
29.3
 
672,875
Total Votes 2,296,884

The results have been certified. Source

John M. Harris' seat

Florida 5th District Court of Appeal

John M. Harris was retained to the Florida 5th District Court of Appeal on November 3, 2020 with 72.9% of the vote.

Retention Vote
%
Votes
✔ Yes
 
72.9
 
1,682,568
No
 
27.1
 
626,170
Total Votes 2,308,738

The results have been certified. Source

Jamie Rutland Grosshans' seat

Florida 5th District Court of Appeal

Jamie Rutland Grosshans was retained to the Florida 5th District Court of Appeal on November 3, 2020 with 72.3% of the vote.

Retention Vote
%
Votes
✔ Yes
 
72.3
 
1,681,452
No
 
27.7
 
644,692
Total Votes 2,326,144

The results have been certified. Source

Kerry Evander's seat

Florida 5th District Court of Appeal

Kerry Evander was retained to the Florida 5th District Court of Appeal on November 3, 2020 with 72.3% of the vote.

Retention Vote
%
Votes
✔ Yes
 
72.3
 
1,681,452
No
 
27.7
 
644,692
Total Votes 2,326,144

The results have been certified. Source

Richard Orfinger's seat

Florida 5th District Court of Appeal

Richard Orfinger was retained to the Florida 5th District Court of Appeal on November 3, 2020 with 71.1% of the vote.

Retention Vote
%
Votes
✔ Yes
 
71.1
 
1,638,090
No
 
28.9
 
665,474
Total Votes 2,303,564

The results have been certified. Source

Frederic Rand Wallis' seat

Florida 5th District Court of Appeal

Frederic Rand Wallis was retained to the Florida 5th District Court of Appeal on November 3, 2020 with 72.0% of the vote.

Retention Vote
%
Votes
✔ Yes
 
72.0
 
1,642,108
No
 
28.0
 
638,383
Total Votes 2,280,491

The results have been certified. Source

See also: Florida intermediate appellate court elections, 2018

Florida 5th District Court of Appeal

Eric Eisnaugle was retained to the Florida 5th District Court of Appeal on November 6, 2018 with 63.3% of the vote.

Retention Vote
%
Votes
✔ Yes
 
63.3
 
1,119,140
No
 
36.7
 
649,102
Total Votes 1,768,242

The results have been certified. Source
Previous election results


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"[11]

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:


Jurisdiction

There are four circuits and 14 counties in the Fifth District.[13]

State profile

Demographic data for Florida
 FloridaU.S.
Total population:20,244,914316,515,021
Land area (sq mi):53,6253,531,905
Race 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 five out of the seven presidential elections between 2000 and 2024.

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.[14]

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

See also

Florida Judicial Selection More Courts
Seal of Florida.png
Judicialselectionlogo.png
BP logo.png
Courts in Florida
Florida Court of Appeals
Florida Supreme Court
Elections: 2026 • 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017
Gubernatorial appointments
Judicial selection in Florida
Federal courts
State courts
Local courts

External links

Footnotes

  1. ↑ Florida Fifth District Court of Appeal, "Homepage of the Florida Fifth District Court of Appeal," accessed October 8, 2014
  2. ↑ 2.0 2.1 Cite error: Invalid <ref> tag; no text was provided for refs named courts
  3. ↑ Florida Fifth District Court of Appeal, "History: Fifth District Court of Appeal," accessed August 29, 2015
  4. ↑ Florida Courts, "District Courts of Appeal," accessed January 18, 2023
  5. ↑ The salary of the chief judge may be higher than an associate judge.
  6. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named judge list
  7. ↑ National Center for State Courts, "2025 Salaries and Rankings," accessed October 8, 2025
  8. ↑ American Judicature Society, "Methods of Judicial Selection: Florida; Judicial Nominating Commissions," archived January 13, 2012
  9. ↑ 9.0 9.1 9.2 9.3 American Judicature Society, "Methods of Judicial selection: Florida," archived October 2, 2014
  10. ↑ Florida Constitution, "Article V, Section 8," accessed September 10, 2021
  11. ↑ Florida Supreme Court, "Code of Judicial Conduct for the State of Florida," accessed September 13, 2021
  12. ↑ Florida Supreme Court, "Judicial Qualifications Commission Cases Pending in the Florida Supreme Court," accessed July 17, 2023
  13. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named history
  14. ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.

Florida courts

Federal courts:

Eleventh Circuit Court of Appeals • U.S. District Court: Middle District of Florida, Northern District of Florida, Southern District of Florida • U.S. Bankruptcy Court: Middle District of Florida, Northern District of Florida, Southern District of Florida

State courts:

Florida Supreme Court • Florida District Courts of Appeal • Florida Circuit Court • Florida County Court

State resources:

Courts in Florida • Florida judicial elections • Judicial selection in Florida

Retrieved from "https://ballotpedia.org/wiki/index.php?title=Florida_Fifth_District_Court_of_Appeal&oldid=10719042"