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