Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. PCS (552754) for CS for SB 1392
       
       
       
       
       
       
                                Ì158828RÎ158828                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/04/2020           .                                
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       The Committee on Appropriations (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 145
    4  and insert:
    5         Section 3. Effective January 1, 2021, section 26.012,
    6  Florida Statutes, is amended to read:
    7         26.012 Jurisdiction of circuit court.—
    8         (1) Circuit courts shall have jurisdiction of appeals from
    9  county courts except:
   10         (a) Appeals of county court orders or judgments where the
   11  amount in controversy is greater than $15,000. This paragraph is
   12  repealed on January 1, 2023.
   13         (b) Appeals of county court orders or judgments declaring
   14  invalid a state statute or a provision of the State
   15  Constitution.
   16         (c) Orders or judgments of a county court which are
   17  certified by the county court to the district court of appeal to
   18  be of great public importance and which are accepted by the
   19  district court of appeal for review. Circuit courts shall have
   20  jurisdiction of appeals from final administrative orders of
   21  local government code enforcement boards and of reviews and
   22  appeals as otherwise expressly provided by law.
   23         (2) Circuit courts They shall have exclusive original
   24  jurisdiction:
   25         (a) In all actions at law not cognizable by the county
   26  courts;
   27         (b) Of proceedings relating to the settlement of the
   28  estates of decedents and minors, the granting of letters
   29  testamentary, guardianship, involuntary hospitalization, the
   30  determination of incompetency, and other jurisdiction usually
   31  pertaining to courts of probate;
   32         (c) In all cases in equity including all cases relating to
   33  juveniles except traffic offenses as provided in chapters 316
   34  and 985;
   35         (d) Of all felonies and of all misdemeanors arising out of
   36  the same circumstances as a felony which is also charged;
   37         (e) In all cases involving legality of any tax assessment
   38  or toll or denial of refund, except as provided in s. 72.011;
   39         (f) In actions of ejectment; and
   40         (g) In all actions involving the title and boundaries of
   41  real property.
   42         (3) The circuit court may issue injunctions.
   43         (4) The chief judge of a circuit may authorize a county
   44  court judge to order emergency hospitalizations pursuant to part
   45  I of chapter 394 in the absence from the county of the circuit
   46  judge; and the county court judge shall have the power to issue
   47  all temporary orders and temporary injunctions necessary or
   48  proper to the complete exercise of such jurisdiction.
   49         (5) A circuit court is a trial court.
   50         Section 4. Effective January 1, 2021, subsection (4) of
   51  section 27.51, Florida Statutes, is amended to read:
   52         27.51 Duties of public defender.—
   53         (4) The public defender for the judicial circuit specified
   54  in this subsection shall, after the record on appeal is
   55  transmitted to the appellate court by the office of the public
   56  defender which handled the trial and if requested by any public
   57  defender within the indicated appellate district, handle all
   58  circuit court and county court appeals within the state courts
   59  system and any authorized appeals to the federal courts required
   60  of the official making such request:
   61         (a) Public defender of the second judicial circuit, on
   62  behalf of any public defender within the district comprising the
   63  First District Court of Appeal.
   64         (b) Public defender of the tenth judicial circuit, on
   65  behalf of any public defender within the district comprising the
   66  Second District Court of Appeal.
   67         (c) Public defender of the eleventh judicial circuit, on
   68  behalf of any public defender within the district comprising the
   69  Third District Court of Appeal.
   70         (d) Public defender of the fifteenth judicial circuit, on
   71  behalf of any public defender within the district comprising the
   72  Fourth District Court of Appeal.
   73         (e) Public defender of the seventh judicial circuit, on
   74  behalf of any public defender within the district comprising the
   75  Fifth District Court of Appeal.
   76         Section 5. Effective January 1, 2021, subsection (8) of
   77  section 27.511, Florida Statutes, is amended to read:
   78         27.511 Offices of criminal conflict and civil regional
   79  counsel; legislative intent; qualifications; appointment;
   80  duties.—
   81         (8) The public defender for the judicial circuit specified
   82  in s. 27.51(4) shall, after the record on appeal is transmitted
   83  to the appellate court by the office of criminal conflict and
   84  civil regional counsel which handled the trial and if requested
   85  by the regional counsel for the indicated appellate district,
   86  handle all circuit court and county court appeals authorized
   87  pursuant to paragraph (5)(f) within the state courts system and
   88  any authorized appeals to the federal courts required of the
   89  official making the request. If the public defender certifies to
   90  the court that the public defender has a conflict consistent
   91  with the criteria prescribed in s. 27.5303 and moves to
   92  withdraw, the regional counsel shall handle the appeal, unless
   93  the regional counsel has a conflict, in which case the court
   94  shall appoint private counsel pursuant to s. 27.40.
   95         Section 6. Effective January 1, 2021, section 34.017,
   96  Florida Statutes, is amended to read:
   97         34.017 Certification of questions to district court of
   98  appeal.—
   99         (1) A county court may is permitted to certify a question
  100  to the district court of appeal in a final judgment that is
  101  appealable to the circuit court if the question may have
  102  statewide application, and:
  103         (a) Is of great public importance; or
  104         (b) Will affect the uniform administration of justice.
  105         (2) In the final judgment, the trial court shall:
  106         (a) Make findings of fact and conclusions of law; and
  107         (b) State concisely the question to be certified.
  108         (3) The decision to certify the question to the district
  109  court of appeal is within the sole discretion of the county
  110  court.
  111         (4) The district court of appeal has absolute discretion as
  112  to whether to answer a question certified by the county court.
  113         (a) If the district court agrees to answer the certified
  114  question, it shall decide all appealable issues that have been
  115  raised from the final judgment.
  116         (b) If the district court declines to answer the certified
  117  question, the case shall be transferred to the circuit court
  118  which has appellate jurisdiction.
  119         Section 7. Effective January 1, 2021, section 35.065,
  120  Florida Statutes, is amended to read:
  121         35.065 Review of judgment or order certified by county
  122  court to be of great public importance.—Pursuant to s. 34.017, a
  123  district court of appeal may review any order or judgment of a
  124  county court which is certified by the county court to be of
  125  great public importance.
  126         Section 8. Effective January 1, 2021, section 924.08,
  127  Florida Statutes, is repealed.
  128         Section 9. Except as otherwise expressly provided in this
  129  act, this act shall take effect July 1, 2020.
  130  
  131  ================= T I T L E  A M E N D M E N T ================
  132  And the title is amended as follows:
  133         Delete lines 2 - 27
  134  and insert:
  135         An act relating to courts; amending s. 25.025, F.S.;
  136         revising provisions governing the payment of
  137         subsistence and travel reimbursement for Supreme Court
  138         justices who designate an official headquarters other
  139         than the headquarters of the Supreme Court;
  140         authorizing the Chief Justice of the Supreme Court to
  141         establish certain parameters in administering the act;
  142         providing for construction; creating s. 35.051, F.S.;
  143         authorizing district court of appeal judges who meet
  144         certain criteria to have an appropriate facility in
  145         their county of residence designated as their official
  146         headquarters; providing restrictions; specifying
  147         eligibility for subsistence and travel reimbursement,
  148         subject to the availability of funds; requiring the
  149         Chief Justice to coordinate with certain officials in
  150         implementing the act; providing that a county is not
  151         required to provide space for a judge in a county
  152         courthouse; authorizing counties to enter into
  153         agreements with a district court of appeal for use of
  154         county courthouse space; prohibiting a district court
  155         of appeal from using state funds to lease space to
  156         establish a judge’s official headquarters; authorizing
  157         the Chief Justice to establish certain parameters in
  158         administering the act; providing for construction;
  159         amending s. 26.012, F.S.; limiting the appellate
  160         jurisdiction of the circuit courts to appeals from
  161         final administrative orders of local code enforcement
  162         boards and other reviews and appeals expressly
  163         provided by law; amending ss. 27.51 and 27.511, F.S.;
  164         revising the duties of the public defender and office
  165         of criminal conflict and civil regional counsel,
  166         respectively, regarding the handling of appeals to
  167         conform to changes made by the act; amending s.
  168         34.017, F.S.; authorizing a county court to certify a
  169         question to a district court of appeal in a final
  170         judgment that is appealable to a circuit court;
  171         amending s. 35.065, F.S.; authorizing a district court
  172         of appeal to review certain questions certified by a
  173         county court; repealing s. 924.08, F.S., relating to
  174         the jurisdiction of the circuit court to hear appeals
  175         from final judgments in misdemeanor cases; providing
  176         effective dates.