House Bill 2275

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    Florida House of Representatives - 2000                HB 2275

        By the Committee on Judiciary and Representative Byrd






  1                      A bill to be entitled

  2         An act relating to trial court jurisdiction;

  3         amending s. 34.01, F.S.; giving county courts

  4         jurisdiction over certain third degree

  5         felonies; increasing the amount in controversy

  6         over which the county court has jurisdiction;

  7         correcting a reference to Florida rules of

  8         court; amending s. 26.012, F.S.; removing

  9         circuit court jurisdiction over certain third

10         degree felonies; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Subsections (1) and (2) of section 34.01,

15  Florida Statutes, are amended to read:

16         34.01  Jurisdiction of county court.--

17         (1)  County courts shall have original jurisdiction:

18         (a)  In all third degree felonies under s.

19  316.193(2)(b), and misdemeanor cases not cognizable by the

20  circuit courts;

21         (b)  Of all violations of municipal and county

22  ordinances; and

23         (c)  As to causes of action accruing:

24         1.  Before July 1, 1980, of all actions at law in which

25  the matter in controversy does not exceed the sum of $2,500,

26  exclusive of interest, costs, and attorney's fees, except

27  those within the exclusive jurisdiction of the circuit courts.

28         2.  On or after July 1, 1980, of all actions at law in

29  which the matter in controversy does not exceed the sum of

30  $5,000, exclusive of interest, costs, and attorney's fees,

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    Florida House of Representatives - 2000                HB 2275

    687-138-00






  1  except those within the exclusive jurisdiction of the circuit

  2  courts.

  3         3.  On or after July 1, 1990, of actions at law in

  4  which the matter in controversy does not exceed the sum of

  5  $10,000, exclusive of interest, costs, and attorney's fees,

  6  except those within the exclusive jurisdiction of the circuit

  7  courts.

  8         1.4.  Before On or after July 1, 2000 1992, of actions

  9  at law in which the matter in controversy does not exceed the

10  sum of $15,000, exclusive of interest, costs, and attorney's

11  fees, except those within the exclusive jurisdiction of the

12  circuit courts.

13         2.  On or after July 1, 2000, of actions at law in

14  which the matter in controversy does not exceed the sum of

15  $25,000, exclusive of interest, costs, and attorney's fees,

16  except those within the exclusive jurisdiction of the circuit

17  courts.

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19  The party instituting any civil action, suit, or proceeding

20  pursuant to this schedule where the amount in controversy is

21  in excess of $5,000 shall pay to the clerk of the county court

22  the filing fees and service charges in the same amounts and in

23  the same manner as provided in s. 28.241.

24         (2)  The county courts shall have jurisdiction

25  previously exercised by county judges' courts other than that

26  vested in the circuit court by s. 26.012, except that county

27  court judges may hear matters involving dissolution of

28  marriage under the simplified dissolution procedure pursuant

29  to the Rule 1.611(c), Florida Family Law Rules of Civil

30  Procedure or may issue a final order for dissolution in cases

31  where the matter is uncontested, and the jurisdiction

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    Florida House of Representatives - 2000                HB 2275

    687-138-00






  1  previously exercised by county courts, the claims court, small

  2  claims courts, small claims magistrates courts, magistrates

  3  courts, justice of the peace courts, municipal courts, and

  4  courts of chartered counties, including but not limited to the

  5  counties referred to in ss. 9, 10, 11, and 24, Art. VIII of

  6  the State Constitution of 1885.

  7         Section 2.  Paragraph (d) of subsection (2) of section

  8  26.012, Florida Statutes, is amended to read:

  9         26.012  Jurisdiction of circuit court.--

10         (2)  They shall have exclusive original jurisdiction:

11         (d)  Of all felonies, except those third degree

12  felonies under s. 316.193(2)(b), and of all misdemeanors

13  arising out of the same circumstances as a felony which is

14  also charged;

15         Section 3.  This act shall take effect July 1, 2000.

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18                          HOUSE SUMMARY

19
      Increases to $25,000 the amount in controversy over which
20    the county court has jurisdiction. Provides that county
      courts shall have jurisdiction of certain third degree
21    DUI felonies under s. 316.193(2)(b), F.S. See bill for
      details.
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