Bill Text: FL S1630 | 2019 | Regular Session | Introduced

Florida Senate Bill 1630 (Prior Session Legislation)

Introduced

Bill Title: Venue for Constitutional Challenges

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-05-03 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S1630 Detail]

Download: Florida-2019-S1630-Introduced.html

       Florida Senate - 2019                                    SB 1630
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-01459-19                                           20191630__
    1                        A bill to be entitled                      
    2         An act relating to venue for constitutional
    3         challenges; amending s. 47.122, F.S.; requiring the
    4         Clerk of the Supreme Court to use a blind, random
    5         selection process to determine venue for certain
    6         constitutional challenges under certain circumstances;
    7         providing legislative intent; providing an effective
    8         date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 47.122, Florida Statutes, is amended to
   13  read:
   14         47.122 Change of venue; convenience of parties or witnesses
   15  or in the interest of justice; actions challenging the
   16  constitutionality of a statute or a legislative action.—
   17         (1) For the convenience of the parties or witnesses or in
   18  the interest of justice, any court of record may transfer any
   19  civil action to any other court of record in which it might have
   20  been brought.
   21         (2) When an action against either or both houses of the
   22  Legislature or another state entity, a member of the Legislature
   23  acting in his or her official capacity, or a statewide elected
   24  official is filed in the Second Judicial Circuit in and for Leon
   25  County, and such action challenges the constitutionality of a
   26  statute or a legislative action, unless the parties mutually
   27  agree upon a venue, the Clerk of the Supreme Court shall use a
   28  blind, random selection process to determine the circuit to
   29  which the case will be transferred, except when the Second
   30  Judicial Circuit is selected through the blind, random selection
   31  process as the venue. For purposes of this subsection, each
   32  trial court in this state is deemed to have proper jurisdiction
   33  over any action involving a constitutional challenge to which a
   34  state entity is a party.
   35         (3) It is the intent of the Legislature to ensure that a
   36  single trial court does not effectively have a monopoly over
   37  cases raising issues of statewide, constitutional importance.
   38         Section 2. This act shall take effect July 1, 2019.