Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1398
                                Barcode 332504                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RE            .                                
                  05/18/2011           .                                

       The Committee on Judiciary (Bogdanoff) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Sections 25.051, 26.21, 26.22, 26.23, 26.24,
    6  26.25, 26.26, 26.27, 26.28, 26.29, 26.30, 26.31, 26.32, 26.33,
    7  26.34, 26.35, 26.36, 26.361, 26.362, 26.363, 26.364, 26.365,
    8  26.37, 26.38, 26.39, 26.40, 26.42, 35.10, 35.11, 907.05, and
    9  907.055, Florida Statutes, are repealed.
   10         Section 2. Section 26.46, Florida Statutes, is amended to
   11  read:
   12         26.46 Jurisdiction of resident judge after assignment.—When
   13  a circuit judge is assigned to another circuit, none of the
   14  circuit judges in such other circuit shall, because of such
   15  assignment, be deprived of or affected in his or her
   16  jurisdiction other than to the extent essential so as not to
   17  conflict with the authority of the temporarily assigned circuit
   18  judge as to the particular case or cases or class of cases, or
   19  in presiding at the particular term or part of term named or
   20  specified in the assignment.
   21         Section 3. Section 27.04, Florida Statutes, is amended to
   22  read:
   23         27.04 Summoning and examining witnesses for state.—The
   24  state attorney shall have summoned all witnesses required on
   25  behalf of the state; and he or she is allowed the process of his
   26  or her court to summon witnesses from throughout the state to
   27  appear before the state attorney in or out of term time at such
   28  convenient places in the state attorney’s judicial circuit and
   29  at such convenient times as may be designated in the summons, to
   30  testify before him or her as to any violation of the law upon
   31  which they may be interrogated, and he or she is empowered to
   32  administer oaths to all witnesses summoned to testify by the
   33  process of his or her court or who may voluntarily appear before
   34  the state attorney to testify as to any violation or violations
   35  of the law.
   36         Section 4. Section 30.12, Florida Statutes, is amended to
   37  read:
   38         30.12 Power to appoint sheriff.—Whenever any sheriff in the
   39  state shall fail to attend, in person or by deputy, any term of
   40  the circuit court or county court of the county, from sickness,
   41  death, or other cause, the judge attending said court may
   42  appoint an interim a sheriff, who shall assume all the
   43  responsibilities, perform all the duties, and receive the same
   44  compensation as if he or she had been duly appointed sheriff,
   45  for only the said term of nonattendance court and no longer.
   46         Section 5. Paragraph (c) of subsection (1) of section
   47  30.15, Florida Statutes, is amended to read:
   48         30.15 Powers, duties, and obligations.—
   49         (1) Sheriffs, in their respective counties, in person or by
   50  deputy, shall:
   51         (c) Attend all sessions terms of the circuit court and
   52  county court held in their counties.
   53         Section 6. Subsection (2) of section 34.13, Florida
   54  Statutes, is amended to read:
   55         34.13 Method of prosecution.—
   56         (2) Upon the finding of indictments by the grand jury for
   57  crimes cognizable by the county court, the clerk of the court,
   58  without any order therefor, shall docket the same on the trial
   59  docket of the county court on or before the first day of its
   60  next succeeding term.
   61         Section 7. Subsection (2) of section 35.05, Florida
   62  Statutes, is amended to read:
   63         35.05 Headquarters.—
   64         (2) A district court of appeal may designate other
   65  locations within its district as branch headquarters for the
   66  conduct of the business of the court in special or regular term
   67  and as the official headquarters of its officers or employees
   68  pursuant to s. 112.061.
   69         Section 8. Section 38.23, Florida Statutes, is amended to
   70  read:
   71         38.23 Contempt Contempts defined.—A refusal to obey any
   72  legal order, mandate or decree, made or given by any judge
   73  either in term time or in vacation relative to any of the
   74  business of said court, after due notice thereof, shall be
   75  considered a contempt, and punished accordingly. But nothing
   76  said or written, or published, in vacation, to or of any judge,
   77  or of any decision made by a judge, shall in any case be
   78  construed to be a contempt.
   79         Section 9. Section 43.43, Florida Statutes, is created to
   80  read:
   81         43.43 Terms of courts.—The Supreme Court may establish
   82  terms of court for the Supreme Court, the district courts of
   83  appeal, and the circuit courts; may provide that district courts
   84  and circuit courts may establish their own terms of court; or
   85  may dispense with terms of court.
   86         Section 10. Section 43.44, Florida Statutes, is created to
   87  read:
   88         43.44 Mandate of an appeals court.—An appellate court has
   89  the jurisdiction and power, as the circumstances and justice of
   90  the case may require, to reconsider, revise, reform, or modify
   91  its own judgments for the purpose of making the same accord with
   92  law and justice. Accordingly, an appellate court has the power
   93  to recall its own mandate for the purpose of enabling it to
   94  exercise such jurisdiction and power in a proper case. A mandate
   95  may not be recalled more than 120 days after it is filed with
   96  the lower tribunal.
   97         Section 11. Paragraph (b) of subsection (1) of section
   98  112.19, Florida Statutes, is amended to read:
   99         112.19 Law enforcement, correctional, and correctional
  100  probation officers; death benefits.—
  101         (1) Whenever used in this section, the term:
  102         (b) “Law enforcement, correctional, or correctional
  103  probation officer” means any officer as defined in s. 943.10(14)
  104  or employee of the state or any political subdivision of the
  105  state, including any law enforcement officer, correctional
  106  officer, correctional probation officer, state attorney
  107  investigator, or public defender investigator, whose duties
  108  require such officer or employee to investigate, pursue,
  109  apprehend, arrest, transport, or maintain custody of persons who
  110  are charged with, suspected of committing, or convicted of a
  111  crime; and the term includes any member of a bomb disposal unit
  112  whose primary responsibility is the location, handling, and
  113  disposal of explosive devices. The term also includes any full
  114  time officer or employee of the state or any political
  115  subdivision of the state, certified pursuant to chapter 943,
  116  whose duties require such officer to serve process or to attend
  117  session terms of a circuit or county court as bailiff.
  118         Section 12. Subsection (2) of section 206.215, Florida
  119  Statutes, is amended to read:
  120         206.215 Costs and expenses of proceedings.—
  121         (2) The clerks of the courts performing duties under the
  122  provisions aforesaid shall receive the same fees as prescribed
  123  by the general law for the performance of similar duties, and
  124  witnesses attending any investigation pursuant to subpoena shall
  125  receive the same mileage and per diem as if attending as a
  126  witness before the circuit court in term time.
  127         Section 13. Subsection (4) of section 450.121, Florida
  128  Statutes, is amended to read:
  129         450.121 Enforcement of Child Labor Law.—
  130         (4) Grand juries shall have inquisitorial powers to
  131  investigate violations of this chapter; also, trial court judges
  132  shall specially charge the grand jury, at the beginning of each
  133  term of the court, to investigate violations of this chapter.
  134         Section 14. Section 831.10, Florida Statutes, is amended to
  135  read:
  136         831.10 Second conviction of uttering forged bills.—Whoever,
  137  having been convicted of the offense mentioned in s. 831.09 is
  138  again convicted of the like offense committed after the former
  139  conviction, and whoever is at the same term of the court
  140  convicted upon three distinct charges of such offense, shall be
  141  deemed a common utterer of counterfeit bills, and shall be
  142  punished as provided in s. 775.084.
  143         Section 15. Section 831.17, Florida Statutes, is amended to
  144  read:
  145         831.17 Violation of s. 831.16; second or subsequent
  146  conviction.—Whoever having been convicted of either of the
  147  offenses mentioned in s. 831.16, is again convicted of either of
  148  the same offenses, committed after the former conviction, and
  149  whoever is at the same term of the court convicted upon three
  150  distinct charges of said offenses, commits a felony of the
  151  second degree, punishable as provided in s. 775.082, s. 775.083,
  152  or s. 775.084.
  153         Section 16. Subsection (4) of section 877.08, Florida
  154  Statutes, is amended to read:
  155         877.08 Coin-operated vending machines and parking meters;
  156  defined; prohibited acts, penalties.—
  157         (4) Whoever violates the provisions of subsection (3) a
  158  second or subsequent time commits, and is convicted of such
  159  second separate offense, either at the same term or a subsequent
  160  term of court, shall be guilty of a felony of the third degree,
  161  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  162         Section 17. Subsection (1) of section 902.19, Florida
  163  Statutes, is amended to read:
  164         902.19 When prosecutor liable for costs.—
  165         (1) When a person makes a complaint before a county court
  166  judge that a crime has been committed and is recognized by the
  167  county court judge to appear before at the next term of the
  168  court having jurisdiction to give evidence of the crime and
  169  fails to appear, the person shall be liable for all costs
  170  occasioned by his or her complaint, and the county court judge
  171  may enter obtain a judgment and execution for the costs as in
  172  other cases.
  173         Section 18. Subsection (2) of section 903.32, Florida
  174  Statutes, is amended to read:
  175         903.32 Defects in bond.—
  176         (2) If no day, or an impossible day, is stated in a bond
  177  for the defendant’s appearance before a trial court judge for a
  178  hearing or trial, the defendant shall be bound to appear 10 days
  179  after receipt of notice to appear by the defendant, the
  180  defendant’s counsel, or any surety on the undertaking. If no
  181  day, or an impossible day, is stated in a bond for the
  182  defendant’s appearance for trial, the defendant shall be bound
  183  to appear on the first day of the next term of court that will
  184  commence more than 3 days after the undertaking is given.
  185         Section 19. Section 905.01, Florida Statutes, is amended to
  186  read:
  187         905.01 Number and procurement of grand jury; replacement of
  188  member; term of grand jury.—
  189         (1) The grand jury shall consist of not fewer than 15 nor
  190  more than 21 persons. The provisions of law governing the
  191  qualifications, disqualifications, excusals, drawing, summoning,
  192  supplying deficiencies, compensation, and procurement of petit
  193  jurors apply to grand jurors. In addition, an elected public
  194  official is not eligible for service on a grand jury.
  195         (2) The chief judge of any circuit court may provide for
  196  the replacement of any grand juror who, for good cause, is
  197  unable to complete the term of the grand jury. Such replacement
  198  shall be made by appropriate order of the chief judge from the
  199  list of prospective jurors from which the grand juror to be
  200  replaced was selected.
  201         (3) The chief judge of each any circuit court shall
  202  regularly order may dispense with the convening of the grand
  203  jury for a at any term of 6 months court by filing a written
  204  order with the clerk of court directing that a grand jury not be
  205  summoned.
  206         Section 20. Section 905.09, Florida Statutes, is amended to
  207  read:
  208         905.09 Discharge and recall of grand jury.—A grand jury
  209  that has been dismissed may be recalled at any time during the
  210  same term of the grand jury court.
  211         Section 21. Section 905.095, Florida Statutes, is amended
  212  to read:
  213         905.095 Extension of grand jury term.—Upon petition of the
  214  state attorney or the foreperson of the grand jury acting on
  215  behalf of a majority of the grand jurors, the circuit court may
  216  extend the term of a grand jury impaneled under this chapter
  217  beyond the term of court in which it was originally impaneled. A
  218  grand jury whose term has been extended as provided herein shall
  219  have the same composition and the same powers and duties it had
  220  during its original term. In the event the term of the grand
  221  jury is extended under this section, it shall be extended for a
  222  time certain, not to exceed a total of 90 days, and only for the
  223  purpose of concluding one or more specified investigative
  224  matters initiated during its original term.
  225         Section 22. Section 914.03, Florida Statutes, is amended to
  226  read:
  227         914.03 Attendance of witnesses.—A witness summoned by a
  228  grand jury or in a criminal case shall remain in attendance
  229  until excused by the grand jury. A witness summoned in a
  230  criminal case shall remain in attendance until excused by the
  231  court. A witness who departs without permission of the court
  232  shall be in criminal contempt of court. A witness shall attend
  233  each succeeding term of court until the case is terminated.
  234         Section 23. Subsection (2) of section 924.065, Florida
  235  Statutes, is amended to read:
  236         924.065 Denial of motion for new trial or arrest of
  237  judgment; appeal bond; supersedeas.—
  238         (2) An appeal shall not be a supersedeas to the execution
  239  of the judgment, sentence, or order until the appellant has
  240  entered into a bond with at least two sureties to secure the
  241  payment of the judgment, fine, and any future costs that may be
  242  adjudged by the appellate court. The bond shall be conditioned
  243  on the appellant’s personally answering and abiding by the final
  244  order, sentence, or judgment of the appellate court and, if the
  245  action is remanded, on the appellant’s appearing before at the
  246  next term of the court in which the case was originally
  247  determined and not departing without leave of court.
  248         Section 24. Section 932.47, Florida Statutes, is amended to
  249  read:
  250         932.47 Informations filed by prosecuting attorneys.
  251  Informations may be filed by the prosecuting attorney of the
  252  circuit court with the clerk of the circuit court in vacation or
  253  in term without leave of the court first being obtained.
  254         Section 25. This act shall take effect January 1, 2012.
  256  ================= T I T L E  A M E N D M E N T ================
  257         And the title is amended as follows:
  258         Delete everything before the enacting clause
  259  and insert:
  260                        A bill to be entitled                      
  261         An act relating to the judiciary; repealing s. 25.051,
  262         F.S., relating to regular terms of the Supreme Court;
  263         repealing s. 26.21, F.S., relating to terms of the
  264         circuit courts; repealing s. 26.22, F.S., relating to
  265         terms of the First Judicial Circuit; repealing s.
  266         26.23, F.S., relating to terms of the Second Judicial
  267         Circuit; repealing s. 26.24, F.S., relating to terms
  268         of the Third Judicial Circuit; repealing s. 26.25,
  269         F.S., relating to terms of the Fourth Judicial
  270         Circuit; repealing s. 26.26, F.S., relating to terms
  271         of the Fifth Judicial Circuit; repealing s. 26.27,
  272         F.S., relating to terms of the Sixth Judicial Circuit;
  273         repealing s. 26.28, F.S., relating to terms of the
  274         Seventh Judicial Circuit; repealing s. 26.29, F.S.,
  275         relating to terms of the Eighth Judicial Circuit;
  276         repealing s. 26.30, F.S., relating to terms of the
  277         Ninth Judicial Circuit; repealing s. 26.31, F.S.,
  278         relating to terms of the Tenth Judicial Circuit;
  279         repealing s. 26.32, F.S., relating to terms of the
  280         Eleventh Judicial Circuit; repealing s. 26.33, F.S.,
  281         relating to terms of the Twelfth Judicial Circuit;
  282         repealing s. 26.34, F.S., relating to terms of the
  283         Thirteenth Judicial Circuit; repealing s. 26.35, F.S.,
  284         relating to terms of the Fourteenth Judicial Circuit;
  285         repealing s. 26.36, F.S., relating to terms of the
  286         Fifteenth Judicial Circuit; repealing s. 26.361, F.S.,
  287         relating to terms of the Sixteenth Judicial Circuit;
  288         repealing s. 26.362, F.S., relating to terms of the
  289         Seventeenth Judicial Circuit; repealing s. 26.363,
  290         F.S., relating to terms of the Eighteenth Judicial
  291         Circuit; repealing s. 26.364, F.S., relating to terms
  292         of the Nineteenth Judicial Circuit; repealing s.
  293         26.365, F.S., relating to terms of the Twentieth
  294         Judicial Circuit; repealing s. 26.37, F.S., relating
  295         to requiring a judge to attend the first day of each
  296         term of the circuit court; repealing s. 26.38, F.S.,
  297         relating to a requirement for a judge to state a
  298         reason for nonattendance; repealing s. 26.39, F.S.,
  299         relating to penalty for nonattendance of judge;
  300         repealing s. 26.40, F.S., relating to adjournment of
  301         the circuit court upon nonattendance of the judge;
  302         repealing s. 26.42, F.S., relating to calling all
  303         cases on the docket at the end of each term; repealing
  304         s. 35.10, F.S., relating to regular terms of the
  305         district courts of appeal; repealing s. 35.11, F.S.,
  306         relating to special terms of the district courts of
  307         appeal; repealing s. 907.05, F.S., relating to a
  308         requirement that criminal trials be heard in the term
  309         of court prior to civil cases; repealing s. 907.055,
  310         F.S., relating to a requirement that persons in
  311         custody be arraigned and tried in the term of court
  312         unless good cause is shown; amending ss. 26.46, 27.04,
  313         30.12, 30.15, 34.13, 35.05, and 38.23, F.S.;
  314         conforming provisions to changes made by the act;
  315         creating s. 43.43, F.S.; allowing the Supreme Court to
  316         set terms of court for the Supreme Court, district
  317         courts of appeal, and circuit courts; creating s.
  318         43.44, F.S.; providing that appellate courts may
  319         withdraw a mandate within 120 days after its issuance;
  320         amending ss. 112.19, 206.215, 450.121, 831.10, 831.17,
  321         877.08, 902.19, 903.32, 905.01, 905.09, 905.095,
  322         914.03, 924.065, and 932.47, F.S.; conforming
  323         provisions to changes made by the act; providing an
  324         effective date.