Bill Text: FL S1392 | 2020 | Regular Session | Enrolled
Bill Title: Courts
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2020-06-22 - Chapter No. 2020-61 [S1392 Detail]
Download: Florida-2020-S1392-Enrolled.html
ENROLLED 2020 Legislature CS for CS for SB 1392 20201392er 1 2 An act relating to courts; amending s. 25.025, F.S.; 3 revising provisions governing the payment of 4 subsistence and travel reimbursement for Supreme Court 5 justices who designate an official headquarters other 6 than the headquarters of the Supreme Court; 7 authorizing the Chief Justice of the Supreme Court to 8 establish certain parameters in administering the act; 9 providing construction; creating s. 35.051, F.S.; 10 authorizing district court of appeal judges who meet 11 certain criteria to have an appropriate facility in 12 their county of residence designated as their official 13 headquarters; providing restrictions; specifying 14 eligibility for subsistence and travel reimbursement, 15 subject to the availability of funds; requiring the 16 Chief Justice to coordinate with certain officials in 17 implementing the act; providing that a county is not 18 required to provide space for a judge in a county 19 courthouse; authorizing counties to enter into 20 agreements with a district court of appeal for use of 21 county courthouse space; prohibiting a district court 22 of appeal from using state funds to lease space to 23 establish a judge’s official headquarters; authorizing 24 the Chief Justice to establish certain parameters in 25 administering the act; providing for construction; 26 amending s. 26.012, F.S.; limiting the appellate 27 jurisdiction of the circuit courts to appeals from 28 final administrative orders of local code enforcement 29 boards and other reviews and appeals expressly 30 provided by law; amending ss. 27.51 and 27.511, F.S.; 31 revising the duties of the public defender and office 32 of criminal conflict and civil regional counsel, 33 respectively, regarding the handling of appeals to 34 conform to changes made by the act; amending s. 35 34.017, F.S.; authorizing a county court to certify a 36 question to a district court of appeal in a final 37 judgment that is appealable to a circuit court; 38 amending s. 35.065, F.S.; authorizing a district court 39 of appeal to review certain questions certified by a 40 county court; repealing s. 924.08, F.S., relating to 41 the jurisdiction of the circuit court to hear appeals 42 from final judgments in misdemeanor cases; providing 43 effective dates. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1. Section 25.025, Florida Statutes, is amended to 48 read: 49 25.025 Headquarters.— 50 (1)(a) A Supreme Court justice who permanently resides 51 outside Leon County is eligible for the designation ofshall, if52he or she so requests, havea district court of appeal 53 courthouse, a county courthouse, or another appropriate facility 54 in his or her district of residencedesignatedas his or her 55 official headquarters for purposes ofpursuant tos. 112.061. 56 This official headquarters may serve only as the justice’s 57 private chambers. 58 (b)1. A justice for whom an official headquarters is 59 designated in his or her district of residence under this 60 subsection is eligible for subsistence at a rate to be 61 established by the Chief Justice for each day or partial day 62 that the justice is at the headquarters of the Supreme Court to 63Building for theconduct courtof thebusiness, as authorized by 64 the Chief Justiceof the court. The Chief Justice may authorize 65 a justice to choose between subsistence based on lodging at a 66 single-occupancy rate and meal reimbursement as provided in s. 67 112.061 and subsistence at a fixed rate prescribed by the Chief 68 Justice. 69 2. In addition tothesubsistenceallowance, a justice is 70 eligible for reimbursement for traveltransportationexpenses as 71 provided in s. 112.061(7) and (8) for travel between the 72 justice’s official headquarters and the headquarters of the 73 Supreme Court toBuilding for theconduct courtof thebusiness 74of the court. 75 (c) Payment of subsistence and reimbursement for travel 76transportationexpensesrelating to travelbetween a justice’s 77 official headquarters and the headquarters of the Supreme Court 78 shallBuilding mustbe made to the extent that appropriated 79 funds are available, as determined by the Chief Justice. 80 (2) The Chief Justice shall coordinate with each affected 81 justice and other state and local officials as necessary to 82 implement subsection (1)paragraph (1)(a). 83 (3)(a) This section does not require a county to provide 84 space in a county courthouse for a justice. A county may enter 85 into an agreement with the Supreme Court governing the use of 86 space in a county courthouse. 87 (b) The Supreme Court may not use state funds to lease 88 space in a district court of appeal courthouse, county 89 courthouse, or other facility to allow a justice to establish an 90 official headquarters pursuant to subsection (1). 91 (4) The Chief Justice may establish parameters governing 92 the authority provided in this section, including, but not 93 limited to, specifying minimum operational requirements for the 94 designated headquarters, limiting the number of days for which 95 subsistence and travel reimbursement may be provided, and 96 prescribing activities that qualify as the conduct of court 97 business. 98 (5) If any term of this section conflicts with s. 112.061, 99 this section shall control to the extent of the conflict. 100 Section 2. Section 35.051, Florida Statutes, is created to 101 read: 102 35.051 Subsistence and travel reimbursement for judges with 103 alternate headquarters.— 104 (1)(a) A district court of appeal judge is eligible for the 105 designation of a county courthouse or another appropriate 106 facility in his or her county of residence as his or her 107 official headquarters for purposes of s. 112.061 if the judge 108 permanently resides more than 50 miles from: 109 1. The appellate district’s headquarters as prescribed 110 under s. 35.05(1), if the judge is assigned to such 111 headquarters; or 112 2. The appellate district’s branch headquarters established 113 under s. 35.05(2), if the judge is assigned to such branch 114 headquarters. 115 116 The official headquarters may serve only as the judge’s private 117 chambers. 118 (b)1. A district court of appeal judge for whom an official 119 headquarters is designated in his or her county of residence 120 under this subsection is eligible for subsistence at a rate to 121 be established by the Chief Justice for each day or partial day 122 that the judge is at the headquarters or branch headquarters of 123 his or her appellate district to conduct court business, as 124 authorized by the chief judge of that district court of appeal. 125 The Chief Justice may authorize a judge to choose between 126 subsistence based on lodging at a single-occupancy rate and meal 127 reimbursement as provided in s. 112.061 and subsistence at a 128 fixed rate prescribed by the Chief Justice. 129 2. In addition to subsistence, a district court of appeal 130 judge is eligible for reimbursement for travel expenses as 131 provided in s. 112.061(7) and (8) for travel between the judge’s 132 official headquarters and the headquarters or branch 133 headquarters of the appellate district to conduct court 134 business. 135 (c) Payment of subsistence and reimbursement for travel 136 expenses between the judge’s official headquarters and the 137 headquarters or branch headquarters of his or her appellate 138 district shall be made to the extent that appropriated funds are 139 available, as determined by the Chief Justice. 140 (2) The Chief Justice shall coordinate with each affected 141 district court of appeal judge and other state and local 142 officials as necessary to implement subsection (1). 143 (3)(a) This section does not require a county to provide 144 space in a county courthouse for a district court of appeal 145 judge. A county may enter into an agreement with a district 146 court of appeal governing the use of space in a county 147 courthouse. 148 (b) A district court of appeal may not use state funds to 149 lease space in a county courthouse or other facility to allow a 150 district court of appeal judge to establish an official 151 headquarters pursuant to subsection (1). 152 (4) The Chief Justice may establish parameters governing 153 the authority provided in this section, including, but not 154 limited to, specifying minimum operational requirements for the 155 designated headquarters, limiting the number of days for which 156 subsistence and travel reimbursement may be provided, and 157 prescribing activities that qualify as the conduct of court 158 business. 159 (5) If any term of this section conflicts with s. 112.061, 160 this section shall control to the extent of the conflict. 161 Section 3. Effective January 1, 2021, section 26.012, 162 Florida Statutes, is amended to read: 163 26.012 Jurisdiction of circuit court.— 164 (1)Circuit courts shall have jurisdiction of appeals from165county courts except:166(a) Appeals of county court orders or judgments where the167amount in controversy is greater than $15,000. This paragraph is168repealed on January 1, 2023.169(b) Appeals of county court orders or judgments declaring170invalid a state statute or a provision of the State171Constitution.172(c) Orders or judgments of a county court which are173certified by the county court to the district court of appeal to174be of great public importance and which are accepted by the175district court of appeal for review.Circuit courts shall have 176 jurisdiction of appeals from final administrative orders of 177 local government code enforcement boards and of reviews and 178 appeals as otherwise expressly provided by law. 179 (2) Circuit courtsTheyshall have exclusive original 180 jurisdiction: 181 (a) In all actions at law not cognizable by the county 182 courts; 183 (b) Of proceedings relating to the settlement of the 184 estates of decedents and minors, the granting of letters 185 testamentary, guardianship, involuntary hospitalization, the 186 determination of incompetency, and other jurisdiction usually 187 pertaining to courts of probate; 188 (c) In all cases in equity including all cases relating to 189 juveniles except traffic offenses as provided in chapters 316 190 and 985; 191 (d) Of all felonies and of all misdemeanors arising out of 192 the same circumstances as a felony which is also charged; 193 (e) In all cases involving legality of any tax assessment 194 or toll or denial of refund, except as provided in s. 72.011; 195 (f) In actions of ejectment; and 196 (g) In all actions involving the title and boundaries of 197 real property. 198 (3) The circuit court may issue injunctions. 199 (4) The chief judge of a circuit may authorize a county 200 court judge to order emergency hospitalizations pursuant to part 201 I of chapter 394 in the absence from the county of the circuit 202 judge; and the county court judge shall have the power to issue 203 all temporary orders and temporary injunctions necessary or 204 proper to the complete exercise of such jurisdiction. 205 (5) A circuit court is a trial court. 206 Section 4. Effective January 1, 2021, subsection (4) of 207 section 27.51, Florida Statutes, is amended to read: 208 27.51 Duties of public defender.— 209 (4) The public defender for the judicial circuit specified 210 in this subsection shall, after the record on appeal is 211 transmitted to the appellate court by the office of the public 212 defender which handled the trial and if requested by any public 213 defender within the indicated appellate district, handle all 214 circuit court and county court appeals within the state courts 215 system and any authorized appeals to the federal courts required 216 of the official making such request: 217 (a) Public defender of the second judicial circuit, on 218 behalf of any public defender within the district comprising the 219 First District Court of Appeal. 220 (b) Public defender of the tenth judicial circuit, on 221 behalf of any public defender within the district comprising the 222 Second District Court of Appeal. 223 (c) Public defender of the eleventh judicial circuit, on 224 behalf of any public defender within the district comprising the 225 Third District Court of Appeal. 226 (d) Public defender of the fifteenth judicial circuit, on 227 behalf of any public defender within the district comprising the 228 Fourth District Court of Appeal. 229 (e) Public defender of the seventh judicial circuit, on 230 behalf of any public defender within the district comprising the 231 Fifth District Court of Appeal. 232 Section 5. Effective January 1, 2021, subsection (8) of 233 section 27.511, Florida Statutes, is amended to read: 234 27.511 Offices of criminal conflict and civil regional 235 counsel; legislative intent; qualifications; appointment; 236 duties.— 237 (8) The public defender for the judicial circuit specified 238 in s. 27.51(4) shall, after the record on appeal is transmitted 239 to the appellate court by the office of criminal conflict and 240 civil regional counsel which handled the trial and if requested 241 by the regional counsel for the indicated appellate district, 242 handle all circuit court and county court appeals authorized 243 pursuant to paragraph (5)(f) within the state courts system and 244 any authorized appeals to the federal courts required of the 245 official making the request. If the public defender certifies to 246 the court that the public defender has a conflict consistent 247 with the criteria prescribed in s. 27.5303 and moves to 248 withdraw, the regional counsel shall handle the appeal, unless 249 the regional counsel has a conflict, in which case the court 250 shall appoint private counsel pursuant to s. 27.40. 251 Section 6. Effective January 1, 2021, section 34.017, 252 Florida Statutes, is amended to read: 253 34.017 Certification of questions to district court of 254 appeal.— 255 (1) A county court mayis permitted tocertify a question 256 to the district court of appeal in a final judgment that is 257 appealable to the circuit court if the question may have 258 statewide application, and: 259 (a) Is of great public importance; or 260 (b) Will affect the uniform administration of justice. 261 (2) In the final judgment, the trial court shall: 262 (a) Make findings of fact and conclusions of law; and 263 (b) State concisely the question to be certified. 264 (3) The decision to certify the question to the district 265 court of appeal is within the sole discretion of the county 266 court. 267 (4) The district court of appeal has absolute discretion as 268 to whether to answer a question certified by the county court. 269 (a) If the district court agrees to answer the certified 270 question, it shall decide all appealable issues that have been 271 raised from the final judgment. 272 (b) If the district court declines to answer the certified 273 question, the case shall be transferred to the circuit court 274 which has appellate jurisdiction. 275 Section 7. Effective January 1, 2021, section 35.065, 276 Florida Statutes, is amended to read: 277 35.065 Review of judgment or order certified by county 278 court to be of great public importance.—Pursuant to s. 34.017, a 279 district court of appeal may review any order or judgment of a 280 county court which is certified by the county court to be of 281 great public importance. 282 Section 8. Effective January 1, 2021, section 924.08, 283 Florida Statutes, is repealed. 284 Section 9. Except as otherwise expressly provided in this 285 act, this act shall take effect July 1, 2020.