This was done, as in other parts of the United States, to relieve the state supreme court of the pressure of its ever-increasing appellate docket; the lobbying effort by Florida Supreme Court Justice Elwyn Thomas played a large role in the DCAs' creation.
Three DCAs were initially created, with the Third District Court of Appeal was given jurisdiction over cases arising from Dade and Monroe counties.
During the 1960s, the Florida Supreme Court decided several cases which had the cumulative effect of turning the DCAs into non-final "way-stations in the appellate process."
Chief Justice Arthur J. England Jr. played a major role in bringing about the 1980 constitutional amendment which effectively overruled those cases and again narrowed the state supreme court's jurisdiction "to resolve its uncontrollable caseload.
Their opinion stated that adding "at least one" court would “promote public trust and confidence based on geography and demographic composition and help attract a diverse group of well-qualified applicants for judicial vacancies.”[4] In November 2021, the Florida Supreme Court voted 6–1 to add a new DCA.
He commented that adding a 6th DCA “is analogous to rebuilding a ship for what should be swapping out a couple of deck chairs at most.”[4] The Legislature proposed bill HB 7027, based on the committee's recommendation, which was then passed and signed by Governor Ron DeSantis in June 2022, creating the Sixth District Court of Appeal.
They are then appointed by the governor of Florida, but have retention elections every six years, in which voters are asked on the ballot to vote whether the judge should be retained in office.
Such a case may be reviewed by the United States Supreme Court pursuant to a petition for writ of certiorari.