Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1398
                                Barcode 387558                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  05/18/2011           .                                
                Floor: 1/AD/2R         .                                
             05/05/2011 07:47 PM       .                                

       The Committee on Judiciary (Bogdanoff) recommended the
    1         Senate Amendment (with title amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Sections 25.051, 26.21, 26.22, 26.23, 26.24,
    7  26.25, 26.26, 26.27, 26.28, 26.29, 26.30, 26.31, 26.32, 26.33,
    8  26.34, 26.35, 26.36, 26.361, 26.362, 26.363, 26.364, 26.365,
    9  26.37, 26.38, 26.39, 26.40, 26.42, 35.10, 35.11, 907.05, and
   10  907.055, Florida Statutes, are repealed.
   11         Section 2. Section 26.46, Florida Statutes, is amended to
   12  read:
   13         26.46 Jurisdiction of resident judge after assignment.—When
   14  a circuit judge is assigned to another circuit, none of the
   15  circuit judges in such other circuit shall, because of such
   16  assignment, be deprived of or affected in his or her
   17  jurisdiction other than to the extent essential so as not to
   18  conflict with the authority of the temporarily assigned circuit
   19  judge as to the particular case or cases or class of cases, or
   20  in presiding at the particular term or part of term named or
   21  specified in the assignment.
   22         Section 3. Section 27.04, Florida Statutes, is amended to
   23  read:
   24         27.04 Summoning and examining witnesses for state.—The
   25  state attorney shall have summoned all witnesses required on
   26  behalf of the state; and he or she is allowed the process of his
   27  or her court to summon witnesses from throughout the state to
   28  appear before the state attorney in or out of term time at such
   29  convenient places in the state attorney’s judicial circuit and
   30  at such convenient times as may be designated in the summons, to
   31  testify before him or her as to any violation of the law upon
   32  which they may be interrogated, and he or she is empowered to
   33  administer oaths to all witnesses summoned to testify by the
   34  process of his or her court or who may voluntarily appear before
   35  the state attorney to testify as to any violation or violations
   36  of the law.
   37         Section 4. Section 30.12, Florida Statutes, is amended to
   38  read:
   39         30.12 Power to appoint sheriff.—Whenever any sheriff in the
   40  state shall fail to attend, in person or by deputy, any term of
   41  the circuit court or county court of the county, from sickness,
   42  death, or other cause, the judge attending said court may
   43  appoint an interim a sheriff, who shall assume all the
   44  responsibilities, perform all the duties, and receive the same
   45  compensation as if he or she had been duly appointed sheriff,
   46  for only the said term of nonattendance court and no longer.
   47         Section 5. Paragraph (c) of subsection (1) of section
   48  30.15, Florida Statutes, is amended to read:
   49         30.15 Powers, duties, and obligations.—
   50         (1) Sheriffs, in their respective counties, in person or by
   51  deputy, shall:
   52         (c) Attend all sessions terms of the circuit court and
   53  county court held in their counties.
   54         Section 6. Subsection (2) of section 34.13, Florida
   55  Statutes, is amended to read:
   56         34.13 Method of prosecution.—
   57         (2) Upon the finding of indictments by the grand jury for
   58  crimes cognizable by the county court, the clerk of the court,
   59  without any order therefor, shall docket the same on the trial
   60  docket of the county court on or before the first day of its
   61  next succeeding term.
   62         Section 7. Subsection (2) of section 35.05, Florida
   63  Statutes, is amended to read:
   64         35.05 Headquarters.—
   65         (2) A district court of appeal may designate other
   66  locations within its district as branch headquarters for the
   67  conduct of the business of the court in special or regular term
   68  and as the official headquarters of its officers or employees
   69  pursuant to s. 112.061.
   70         Section 8. Section 38.23, Florida Statutes, is amended to
   71  read:
   72         38.23 Contempt Contempts defined.—A refusal to obey any
   73  legal order, mandate or decree, made or given by any judge
   74  either in term time or in vacation relative to any of the
   75  business of said court, after due notice thereof, shall be
   76  considered a contempt, and punished accordingly. But nothing
   77  said or written, or published, in vacation, to or of any judge,
   78  or of any decision made by a judge, shall in any case be
   79  construed to be a contempt.
   80         Section 9. Section 43.43, Florida Statutes, is created to
   81  read:
   82         43.43 Terms of courts.—The Supreme Court may establish
   83  terms of court for the Supreme Court, the district courts of
   84  appeal, and the circuit courts; may provide that district courts
   85  and circuit courts may establish their own terms of court; or
   86  may dispense with terms of court.
   87         Section 10. Section 43.44, Florida Statutes, is created to
   88  read:
   89         43.44 Mandate of an appeals court.—An appellate court has
   90  the jurisdiction and power, as the circumstances and justice of
   91  the case may require, to reconsider, revise, reform, or modify
   92  its own judgments for the purpose of making the same accord with
   93  law and justice. Accordingly, an appellate court has the power
   94  to recall its own mandate for the purpose of enabling it to
   95  exercise such jurisdiction and power in a proper case. A mandate
   96  may not be recalled more than 120 days after it is filed with
   97  the lower tribunal.
   98         Section 11. Paragraph (b) of subsection (1) of section
   99  112.19, Florida Statutes, is amended to read:
  100         112.19 Law enforcement, correctional, and correctional
  101  probation officers; death benefits.—
  102         (1) Whenever used in this section, the term:
  103         (b) “Law enforcement, correctional, or correctional
  104  probation officer” means any officer as defined in s. 943.10(14)
  105  or employee of the state or any political subdivision of the
  106  state, including any law enforcement officer, correctional
  107  officer, correctional probation officer, state attorney
  108  investigator, or public defender investigator, whose duties
  109  require such officer or employee to investigate, pursue,
  110  apprehend, arrest, transport, or maintain custody of persons who
  111  are charged with, suspected of committing, or convicted of a
  112  crime; and the term includes any member of a bomb disposal unit
  113  whose primary responsibility is the location, handling, and
  114  disposal of explosive devices. The term also includes any full
  115  time officer or employee of the state or any political
  116  subdivision of the state, certified pursuant to chapter 943,
  117  whose duties require such officer to serve process or to attend
  118  session terms of a circuit or county court as bailiff.
  119         Section 12. Subsection (2) of section 206.215, Florida
  120  Statutes, is amended to read:
  121         206.215 Costs and expenses of proceedings.—
  122         (2) The clerks of the courts performing duties under the
  123  provisions aforesaid shall receive the same fees as prescribed
  124  by the general law for the performance of similar duties, and
  125  witnesses attending any investigation pursuant to subpoena shall
  126  receive the same mileage and per diem as if attending as a
  127  witness before the circuit court in term time.
  128         Section 13. Subsection (4) of section 450.121, Florida
  129  Statutes, is amended to read:
  130         450.121 Enforcement of Child Labor Law.—
  131         (4) Grand juries shall have inquisitorial powers to
  132  investigate violations of this chapter; also, trial court judges
  133  shall specially charge the grand jury, at the beginning of each
  134  term of the court, to investigate violations of this chapter.
  135         Section 14. Section 831.10, Florida Statutes, is amended to
  136  read:
  137         831.10 Second conviction of uttering forged bills.—Whoever,
  138  having been convicted of the offense mentioned in s. 831.09 is
  139  again convicted of the like offense committed after the former
  140  conviction, and whoever is at the same term of the court
  141  convicted upon three distinct charges of such offense, shall be
  142  deemed a common utterer of counterfeit bills, and shall be
  143  punished as provided in s. 775.084.
  144         Section 15. Section 831.17, Florida Statutes, is amended to
  145  read:
  146         831.17 Violation of s. 831.16; second or subsequent
  147  conviction.—Whoever having been convicted of either of the
  148  offenses mentioned in s. 831.16, is again convicted of either of
  149  the same offenses, committed after the former conviction, and
  150  whoever is at the same term of the court convicted upon three
  151  distinct charges of said offenses, commits a felony of the
  152  second degree, punishable as provided in s. 775.082, s. 775.083,
  153  or s. 775.084.
  154         Section 16. Subsection (4) of section 877.08, Florida
  155  Statutes, is amended to read:
  156         877.08 Coin-operated vending machines and parking meters;
  157  defined; prohibited acts, penalties.—
  158         (4) Whoever violates the provisions of subsection (3) a
  159  second or subsequent time commits, and is convicted of such
  160  second separate offense, either at the same term or a subsequent
  161  term of court, shall be guilty of a felony of the third degree,
  162  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  163         Section 17. Subsection (1) of section 902.19, Florida
  164  Statutes, is amended to read:
  165         902.19 When prosecutor liable for costs.—
  166         (1) When a person makes a complaint before a county court
  167  judge that a crime has been committed and is recognized by the
  168  county court judge to appear before at the next term of the
  169  court having jurisdiction to give evidence of the crime and
  170  fails to appear, the person shall be liable for all costs
  171  occasioned by his or her complaint, and the county court judge
  172  may enter obtain a judgment and execution for the costs as in
  173  other cases.
  174         Section 18. Subsection (2) of section 903.32, Florida
  175  Statutes, is amended to read:
  176         903.32 Defects in bond.—
  177         (2) If no day, or an impossible day, is stated in a bond
  178  for the defendant’s appearance before a trial court judge for a
  179  hearing or trial, the defendant shall be bound to appear 10 days
  180  after receipt of notice to appear by the defendant, the
  181  defendant’s counsel, or any surety on the undertaking. If no
  182  day, or an impossible day, is stated in a bond for the
  183  defendant’s appearance for trial, the defendant shall be bound
  184  to appear on the first day of the next term of court that will
  185  commence more than 3 days after the undertaking is given.
  186         Section 19. Section 905.01, Florida Statutes, is amended to
  187  read:
  188         905.01 Number and procurement of grand jury; replacement of
  189  member; term of grand jury.—
  190         (1) The grand jury shall consist of not fewer than 15 nor
  191  more than 21 persons. The provisions of law governing the
  192  qualifications, disqualifications, excusals, drawing, summoning,
  193  supplying deficiencies, compensation, and procurement of petit
  194  jurors apply to grand jurors. In addition, an elected public
  195  official is not eligible for service on a grand jury.
  196         (2) The chief judge of any circuit court may provide for
  197  the replacement of any grand juror who, for good cause, is
  198  unable to complete the term of the grand jury. Such replacement
  199  shall be made by appropriate order of the chief judge from the
  200  list of prospective jurors from which the grand juror to be
  201  replaced was selected.
  202         (3) The chief judge of each any circuit court shall
  203  regularly order may dispense with the convening of the grand
  204  jury for a at any term of 6 months court by filing a written
  205  order with the clerk of court directing that a grand jury not be
  206  summoned.
  207         Section 20. Section 905.09, Florida Statutes, is amended to
  208  read:
  209         905.09 Discharge and recall of grand jury.—A grand jury
  210  that has been dismissed may be recalled at any time during the
  211  same term of the grand jury court.
  212         Section 21. Section 905.095, Florida Statutes, is amended
  213  to read:
  214         905.095 Extension of grand jury term.—Upon petition of the
  215  state attorney or the foreperson of the grand jury acting on
  216  behalf of a majority of the grand jurors, the circuit court may
  217  extend the term of a grand jury impaneled under this chapter
  218  beyond the term of court in which it was originally impaneled. A
  219  grand jury whose term has been extended as provided herein shall
  220  have the same composition and the same powers and duties it had
  221  during its original term. In the event the term of the grand
  222  jury is extended under this section, it shall be extended for a
  223  time certain, not to exceed a total of 90 days, and only for the
  224  purpose of concluding one or more specified investigative
  225  matters initiated during its original term.
  226         Section 22. Section 914.03, Florida Statutes, is amended to
  227  read:
  228         914.03 Attendance of witnesses.—A witness summoned by a
  229  grand jury or in a criminal case shall remain in attendance
  230  until excused by the grand jury. A witness summoned in a
  231  criminal case shall remain in attendance until excused by the
  232  court. A witness who departs without permission of the court
  233  shall be in criminal contempt of court. A witness shall attend
  234  each succeeding term of court until the case is terminated.
  235         Section 23. Subsection (2) of section 924.065, Florida
  236  Statutes, is amended to read:
  237         924.065 Denial of motion for new trial or arrest of
  238  judgment; appeal bond; supersedeas.—
  239         (2) An appeal shall not be a supersedeas to the execution
  240  of the judgment, sentence, or order until the appellant has
  241  entered into a bond with at least two sureties to secure the
  242  payment of the judgment, fine, and any future costs that may be
  243  adjudged by the appellate court. The bond shall be conditioned
  244  on the appellant’s personally answering and abiding by the final
  245  order, sentence, or judgment of the appellate court and, if the
  246  action is remanded, on the appellant’s appearing before at the
  247  next term of the court in which the case was originally
  248  determined and not departing without leave of court.
  249         Section 24. Section 932.47, Florida Statutes, is amended to
  250  read:
  251         932.47 Informations filed by prosecuting attorneys.
  252  Informations may be filed by the prosecuting attorney of the
  253  circuit court with the clerk of the circuit court in vacation or
  254  in term without leave of the court first being obtained.
  255         Section 25. Eligibility criteria for government-funded
  256  pretrial release.—
  257         (1) It is the policy of this state that only defendants who
  258  are indigent and therefore qualify for representation by the
  259  public defender are eligible for government-funded pretrial
  260  release. Further, it is the policy of this state that, to the
  261  greatest extent possible, the resources of the private sector be
  262  used to assist in the pretrial release of defendants. It is the
  263  intent of the Legislature that this section not be interpreted
  264  to limit the discretion of courts with respect to ordering
  265  reasonable conditions for pretrial release for any defendant.
  266  However, it is the intent of the Legislature that government
  267  funded pretrial release be ordered only as an alternative to
  268  release on a defendant’s own recognizance or release by the
  269  posting of a surety bond.
  270         (2) A pretrial release program established by an ordinance
  271  of the county commission, an administrative order of the court,
  272  or by any other means in order to assist in the release of
  273  defendants from pretrial custody is subject to the eligibility
  274  criteria set forth in this section. These eligibility criteria
  275  supersede and preempt all conflicting local ordinances, orders,
  276  or practices. Each pretrial release program shall certify
  277  annually, in writing, to the chief circuit court judge, that it
  278  has complied with the reporting requirements of s. 907.043(4),
  279  Florida Statutes.
  280         (3) A defendant is eligible to receive government-funded
  281  pretrial release only by order of the court after the court
  282  finds in writing upon consideration of the defendant’s affidavit
  283  of indigence that the defendant is indigent or partially
  284  indigent as set forth in Rule 3.111, Florida Rules of Criminal
  285  Procedure, and that the defendant has not previously failed to
  286  appear at any required court proceeding. A defendant may not
  287  receive a government-funded pretrial release if the defendant’s
  288  income is above 300 percent of the then-current federal poverty
  289  guidelines prescribed for the size of the household of the
  290  defendant by the United States Department of Health and Human
  291  Services, unless the defendant is receiving Temporary Assistance
  292  for Needy Families-Cash Assistance, poverty-related veterans’
  293  benefits, Supplemental Security Income (SSI), food stamps, or
  294  Medicaid.
  295         (4) If a defendant seeks to post a surety bond pursuant to
  296  a bond schedule established by administrative order as an
  297  alternative to government-funded pretrial release, the defendant
  298  shall be permitted to do so without any interference or
  299  restriction by a pretrial release program.
  300         (5) This section does not prohibit the court from:
  301         (a) Releasing a defendant on the defendant’s own
  302  recognizance.
  303         (b) Imposing upon the defendant any additional reasonable
  304  condition of release as part of release on the defendant’s own
  305  recognizance or the posting of a surety bond upon a finding of
  306  need in the interest of public safety, including, but not
  307  limited to, electronic monitoring, drug testing, substance abuse
  308  treatment, or attending a batterers’ intervention program.
  309         (6) In lieu of using a government-funded program to ensure
  310  the court appearance of any defendant, a county may reimburse a
  311  licensed surety agent for the premium costs of a surety bail
  312  bond that secures the appearance of an indigent defendant at all
  313  court proceedings if the court establishes a bail bond amount
  314  for the indigent defendant.
  315         (7) A defendant who is not otherwise eligible for
  316  government-funded pretrial release under subsection (3) is
  317  eligible for government-funded pretrial release 48 hours after
  318  the defendant’s arrest.
  319         (8) The income eligibility limitations applicable to
  320  government-funded pretrial release programs apply only to those
  321  counties with a population equal to or greater than 350,000
  322  persons.
  323         (9) This section does not prohibit a law enforcement
  324  officer or a code enforcement officer authorized under s.
  325  162.23, Florida Statutes, from issuing a notice to appear in
  326  lieu of jail.
  327         Section 26. (1) Sections 1 through 24 of this act shall
  328  take effect January 1, 2012.
  329         (2) Section 25 of this act pertaining to government-funded
  330  pretrial release shall take effect October 1, 2011.
  331         Section 27. Except as otherwise expressly provided in this
  332  act, this act shall take effect October 1, 2011.
  334  ================= T I T L E  A M E N D M E N T ================
  335         And the title is amended as follows:
  336         Delete everything before the enacting clause
  337  and insert:
  338                        A bill to be entitled                      
  339         An act relating to the judiciary; repealing s. 25.051,
  340  F.S., relating to regular terms of the Supreme Court; repealing
  341  s. 26.21, F.S., relating to terms of the circuit courts;
  342  repealing s. 26.22, F.S., relating to terms of the First
  343  Judicial Circuit; repealing s. 26.23, F.S., relating to terms of
  344  the Second Judicial Circuit; repealing s. 26.24, F.S., relating
  345  to terms of the Third Judicial Circuit; repealing s. 26.25,
  346  F.S., relating to terms of the Fourth Judicial Circuit;
  347  repealing s. 26.26, F.S., relating to terms of the Fifth
  348  Judicial Circuit; repealing s. 26.27, F.S., relating to terms of
  349  the Sixth Judicial Circuit; repealing s. 26.28, F.S., relating
  350  to terms of the Seventh Judicial Circuit; repealing s. 26.29,
  351  F.S., relating to terms of the Eighth Judicial Circuit;
  352  repealing s. 26.30, F.S., relating to terms of the Ninth
  353  Judicial Circuit; repealing s. 26.31, F.S., relating to terms of
  354  the Tenth Judicial Circuit; repealing s. 26.32, F.S., relating
  355  to terms of the Eleventh Judicial Circuit; repealing s. 26.33,
  356  F.S., relating to terms of the Twelfth Judicial Circuit;
  357  repealing s. 26.34, F.S., relating to terms of the Thirteenth
  358  Judicial Circuit; repealing s. 26.35, F.S., relating to terms of
  359  the Fourteenth Judicial Circuit; repealing s. 26.36, F.S.,
  360  relating to terms of the Fifteenth Judicial Circuit; repealing
  361  s. 26.361, F.S., relating to terms of the Sixteenth Judicial
  362  Circuit; repealing s. 26.362, F.S., relating to terms of the
  363  Seventeenth Judicial Circuit; repealing s. 26.363, F.S.,
  364  relating to terms of the Eighteenth Judicial Circuit; repealing
  365  s. 26.364, F.S., relating to terms of the Nineteenth Judicial
  366  Circuit; repealing s. 26.365, F.S., relating to terms of the
  367  Twentieth Judicial Circuit; repealing s. 26.37, F.S., relating
  368  to requiring a judge to attend the first day of each term of the
  369  circuit court; repealing s. 26.38, F.S., relating to a
  370  requirement for a judge to state a reason for nonattendance;
  371  repealing s. 26.39, F.S., relating to penalty for nonattendance
  372  of judge; repealing s. 26.40, F.S., relating to adjournment of
  373  the circuit court upon nonattendance of the judge; repealing s.
  374  26.42, F.S., relating to calling all cases on the docket at the
  375  end of each term; repealing s. 35.10, F.S., relating to regular
  376  terms of the district courts of appeal; repealing s. 35.11,
  377  F.S., relating to special terms of the district courts of
  378  appeal; repealing s. 907.05, F.S., relating to a requirement
  379  that criminal trials be heard in the term of court prior to
  380  civil cases; repealing s. 907.055, F.S., relating to a
  381  requirement that persons in custody be arraigned and tried in
  382  the term of court unless good cause is shown; amending ss.
  383  26.46, 27.04, 30.12, 30.15, 34.13, 35.05, and 38.23, F.S.;
  384  conforming provisions to changes made by the act; creating s.
  385  43.43, F.S.; allowing the Supreme Court to set terms of court
  386  for the Supreme Court, district courts of appeal, and circuit
  387  courts; creating s. 43.44, F.S.; providing that appellate courts
  388  may withdraw a mandate within 120 days after its issuance;
  389  amending ss. 112.19, 206.215, 450.121, 831.10, 831.17, 877.08,
  390  902.19, 903.32, 905.01, 905.09, 905.095, 914.03, 924.065, and
  391  932.47, F.S.; conforming provisions to changes made by the act;
  392  providing state policy and legislative intent; requiring each
  393  pretrial release program established by ordinance of a county
  394  commission, by administrative order of a court, or by any other
  395  means in order to assist in the release of a defendant from
  396  pretrial custody to conform to the eligibility criteria set
  397  forth in the act; preempting any conflicting local ordinances,
  398  orders, or practices; requiring that the defendant satisfy
  399  certain eligibility criteria in order to be assigned to a
  400  pretrial release program; providing that the act does not
  401  prohibit a court from releasing a defendant on the defendant’s
  402  own recognizance or imposing any other reasonable condition of
  403  release on the defendant; authorizing a county to reimburse a
  404  licensed surety agent for the premium costs of a bail bond for
  405  the pretrial release of an indigent defendant under certain
  406  circumstances; providing that a defendant who is not otherwise
  407  eligible for government-funded pretrial release becomes eligible
  408  for government-funded pretrial release 48 hours after the
  409  defendant’s arrest; providing that the income eligibility
  410  limitations applicable to government-funded pretrial release
  411  programs apply only to certain specified counties; providing
  412  that the act does not prohibit a law enforcement officer or a
  413  code enforcement officer from issuing a notice to appear in
  414  certain conditions; providing effective dates.