August 2017 Special Session
2017 - 2018 LEGISLATURE
SENATE AMENDMENT 13,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 1
September 12, 2017 - Offered by Senator Fitzgerald.
An appeal from a judgment or order under s. 809.104 shall be 6
initiated by filing the notice required by s. 809.104 (2) (b) within 30 days after the 7
date of entry of the judgment or order appealed from.
9809.104 Appeal of decisions relating to electronics and information
10technology manufacturing zone. (1) Applicability.
This section applies to the 11
appeal of a judgment or order vacating, enjoining, reviewing, or otherwise relating 12
to a decision by a state or local official, board, commission, condemnor, authority, or
department concerning an electronics and information technology manufacturing 2
zone designated under s. 238.396 (1m) and supersedes all inconsistent provisions of 3
4(2) Appeal as of right.
(a) Notwithstanding s. 808.03 (1), an appeal from a 5
judgment or order of the trial court vacating, enjoining, reviewing, or otherwise 6
relating to a decision by a state or local official, board, commission, condemnor, 7
authority, or department concerning an electronics and information technology 8
manufacturing zone designated under s. 238.396 (1m) may be taken to as a matter 9
of right and is governed by this section.
(b) A party may initiate an appeal under this section by filing a notice of appeal 11
with the clerk of the trial court in which the order or judgment appealed from was 12
entered and shall specify in the notice of appeal the order or judgment appealed from. 13
The appellant shall pay the filing fee with the notice of appeal. The clerk of the circuit 14
court shall transmit to the court of appeals, within 3 days of the filing of the notice 15
of appeal, a copy of the notice of appeal, the filing fee, and a copy of the circuit court 16
record of the case maintained under s. 59.40 (2) (b) or (c). The clerk of the court of 17
appeals shall file the appeal upon receipt of the items referred to in this paragraph.
(c) The appellant shall request a copy of the transcript of the reporter's notes 19
of the proceedings for each of the parties to the appeal and make arrangements to 20
pay for the transcript and copies within 5 days after the filing of the notice of appeal 21
under par. (b).
(d) The appellant shall file a statement on transcript with the clerk of the court 23
of appeals, shall file a copy of the statement on transcript with the clerk of the circuit 24
court, and shall serve a copy of the statement on transcript on the other parties to 25
the appeal within 5 days after the filing of the notice of appeal in the circuit court
under par. (b). The statement on transcript shall either designate the portions of the 2
transcript that have been requested by the appellant or contain a statement by the 3
appellant that a transcript is not necessary for prosecution of the appeal. If a 4
transcript is necessary for prosecution of the appeal, the statement on transcript 5
shall also contain a statement by the court reporter that the appellant has requested 6
copies of the transcript or designated portions thereof for each of the other parties; 7
that the appellant has made arrangements to pay for the original transcript and for 8
all copies for the other parties; the date on which the appellant requested the 9
transcript and made arrangements to pay for it; and the date on which the transcript 10
must be served on the parties.
(e) The court reporter shall serve copies of the transcript on the parties 12
indicated in the statement on transcript within 5 days after the date the appellant 13
requested copies of the transcript under par. (c).
(f) Subsequent proceedings in the appeal are governed by the procedures for 15
civil appeals and the procedures under subch. VI, except as follows:
1. The appellant shall file a brief within 15 days after the filing of the record 17
2. The respondent shall file a brief within 10 days after the service of the 19
3. The appellant shall file within 10 days after the service of the respondent's 21
brief a reply brief or statement that a reply brief will not be filed.
4. Within 3 days of receipt of the appellant's reply brief or statement that a reply 23
brief will not be filed under subd. 3., the court of appeals shall certify the appeal to 24
the supreme court under s. 809.61.
5. The supreme court shall give preference to a certification from the court of 2
appeals under this section. If the supreme court refuses to take jurisdiction of the 3
appeal certified to it by the court of appeals under this section, the appeal shall 4
continue in the court of appeals as though the certification had not been made.
5(3) Stay pending appeal.
Any judgment or order of a circuit court vacating, 6
enjoining, reviewing, or otherwise relating to a decision by a state or local official, 7
board, commission, condemnor, authority, or department concerning an electronics 8
and information technology manufacturing zone designated under s. 238.396 (1m) 9
shall be stayed automatically upon the filing of an appeal as provided under this 10
section. Any party to the proceeding may apply to the appellate court in which the 11
case is pending at the time to request that the stay be modified or vacated.”.