HB 7023

A bill to be entitled
2An act relating to the judiciary; repealing s. 25.051,
3F.S., relating to regular terms of the Supreme Court;
4repealing s. 26.21, F.S., relating to terms of the circuit
5courts; repealing s. 26.22, F.S., relating to terms of the
6First Judicial Circuit; repealing s. 26.23, F.S., relating
7to terms of the Second Judicial Circuit; repealing s.
826.24, F.S., relating to terms of the Third Judicial
9Circuit; repealing s. 26.25, F.S., relating to terms of
10the Fourth Judicial Circuit; repealing s. 26.26, F.S.,
11relating to terms of the Fifth Judicial Circuit; repealing
12s. 26.27, F.S., relating to terms of the Sixth Judicial
13Circuit; repealing s. 26.28, F.S., relating to terms of
14the Seventh Judicial Circuit; repealing s. 26.29, F.S.,
15relating to terms of the Eighth Judicial Circuit;
16repealing s. 26.30, F.S., relating to terms of the Ninth
17Judicial Circuit; repealing s. 26.31, F.S., relating to
18terms of the Tenth Judicial Circuit; repealing s. 26.32,
19F.S., relating to terms of the Eleventh Judicial Circuit;
20repealing s. 26.33, F.S., relating to terms of the Twelfth
21Judicial Circuit; repealing s. 26.34, F.S., relating to
22terms of the Thirteenth Judicial Circuit; repealing s.
2326.35, F.S., relating to terms of the Fourteenth Judicial
24Circuit; repealing s. 26.36, F.S., relating to terms of
25the Fifteenth Judicial Circuit; repealing s. 26.361, F.S.,
26relating to terms of the Sixteenth Judicial Circuit;
27repealing s. 26.362, F.S., relating to terms of the
28Seventeenth Judicial Circuit; repealing s. 26.363, F.S.,
29relating to terms of the Eighteenth Judicial Circuit;
30repealing s. 26.364, F.S., relating to terms of the
31Nineteenth Judicial Circuit; repealing s. 26.365, F.S.,
32relating to terms of the Twentieth Judicial Circuit;
33repealing s. 26.37, F.S., relating to requiring a judge to
34attend the first day of each term of the circuit court;
35repealing s. 26.38, F.S., relating to a requirement for a
36judge to state a reason for nonattendance; repealing s.
3726.39, F.S., relating to penalty for nonattendance of
38judge; repealing s. 26.40, F.S., relating to adjournment
39of the circuit court upon nonattendance of the judge;
40repealing s. 26.42, F.S., relating to calling all cases on
41the docket at the end of each term; repealing s. 35.10,
42F.S., relating to regular terms of the district courts of
43appeal; repealing s. 35.11, F.S., relating to special
44terms of the district courts of appeal; repealing s.
45907.05, F.S., relating to a requirement that criminal
46trials be heard in the term of court prior to civil cases;
47repealing s. 907.055, F.S., relating to a requirement that
48persons in custody be arraigned and tried in the term of
49court unless good cause is shown; amending ss. 26.46,
5030.12, and 30.15, F.S.; conforming provisions to changes
51made by the act; creating s. 43.43, F.S.; allowing the
52Supreme Court to set terms of court for the Supreme Court,
53district courts of appeal, and circuit courts; creating s.
5443.44, F.S.; providing that appellate courts may withdraw
55a mandate within 120 days after its issuance; amending ss.
56831.17, 877.08, 903.32, 905.01, 905.09, 905.095, and
57914.03, F.S.; conforming provisions to changes made by the
58act; providing an effective date.
60Be It Enacted by the Legislature of the State of Florida:
62     Section 1.  Sections 25.051, 26.21, 26.22, 26.23, 26.24,
6326.25, 26.26, 26.27, 26.28, 26.29, 26.30, 26.31, 26.32, 26.33,
6426.34, 26.35, 26.36, 26.361, 26.362, 26.363, 26.364, 26.365,
6526.37, 26.38, 26.39, 26.40, 26.42, 35.10, 35.11, 907.05, and
66907.055, Florida Statutes, are repealed.
67     Section 2.  Section 26.46, Florida Statutes, is amended to
69     26.46  Jurisdiction of resident judge after assignment.-
70When a circuit judge is assigned to another circuit, none of the
71circuit judges in such other circuit shall, because of such
72assignment, be deprived of or affected in his or her
73jurisdiction other than to the extent essential so as not to
74conflict with the authority of the temporarily assigned circuit
75judge as to the particular case or cases or class of cases, or
76in presiding at the particular term or part of term named or
77specified in the assignment.
78     Section 3.  Section 30.12, Florida Statutes, is amended to
80     30.12  Power to appoint sheriff.-Whenever any sheriff in
81the state shall fail to attend, in person or by deputy, any term
82of the circuit court or county court of the county, from
83sickness, death, or other cause, the judge attending said court
84may appoint an interim a sheriff, who shall assume all the
85responsibilities, perform all the duties, and receive the same
86compensation as if he or she had been duly appointed sheriff,
87for only the said term of nonattendance court and no longer.
88     Section 4.  Paragraph (c) of subsection (1) of section
8930.15, Florida Statutes, is amended to read:
90     30.15  Powers, duties, and obligations.-
91     (1)  Sheriffs, in their respective counties, in person or
92by deputy, shall:
93     (c)  Attend all sessions terms of the circuit court and
94county court held in their counties.
95     Section 5.  Section 43.43, Florida Statutes, is created to
97     43.43  Terms of courts.-The Supreme Court may establish
98terms of court for the Supreme Court, the district courts of
99appeal, and the circuit courts; may provide that district courts
100and circuit courts may establish their own terms of court; or
101may dispense with terms of court.
102     Section 6.  Section 43.44, Florida Statutes, is created to
104     43.44  Mandate of an appeals court.-An appellate court has
105the jurisdiction and power, as the circumstances and justice of
106the case may require, to reconsider, revise, reform, or modify
107its own judgments for the purpose of making the same accord with
108law and justice. Accordingly, an appellate court has the power
109to recall its own mandate for the purpose of enabling it to
110exercise such jurisdiction and power in a proper case. A mandate
111may not be recalled more than 120 days after it is filed with
112the lower tribunal.
113     Section 7.  Section 831.17, Florida Statutes, is amended to
115     831.17  Violation of s. 831.16; second or subsequent
116conviction.-Whoever having been convicted of either of the
117offenses mentioned in s. 831.16, is again convicted of either of
118the same offenses, committed after the former conviction, and
119whoever is at the same term of the court convicted upon three
120distinct charges of said offenses, commits a felony of the
121second degree, punishable as provided in s. 775.082, s. 775.083,
122or s. 775.084.
123     Section 8.  Subsection (4) of section 877.08, Florida
124Statutes, is amended to read:
125     877.08  Coin-operated vending machines and parking meters;
126defined; prohibited acts, penalties.-
127     (4)  Whoever violates the provisions of subsection (3) a
128second or subsequent time commits, and is convicted of such
129second separate offense, either at the same term or a subsequent
130term of court, shall be guilty of a felony of the third degree,
131punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
132     Section 9.  Subsection (2) of section 903.32, Florida
133Statutes, is amended to read:
134     903.32  Defects in bond.-
135     (2)  If no day, or an impossible day, is stated in a bond
136for the defendant's appearance before a trial court judge for a
137hearing or trial, the defendant shall be bound to appear 10 days
138after receipt of notice to appear by the defendant, the
139defendant's counsel, or any surety on the undertaking. If no
140day, or an impossible day, is stated in a bond for the
141defendant's appearance for trial, the defendant shall be bound
142to appear on the first day of the next term of court that will
143commence more than 3 days after the undertaking is given.
144     Section 10.  Subsection (3) of section 905.01, Florida
145Statutes, is amended to read:
146     905.01  Number and procurement of grand jury; replacement
147of member; term of grand jury.-
148     (3)  The chief judge of each any circuit court shall
149regularly order may dispense with the convening of the grand
150jury for a at any term of 6 months court by filing a written
151order with the clerk of court directing that a grand jury not be
153     Section 11.  Section 905.09, Florida Statutes, is amended
154to read:
155     905.09  Discharge and recall of grand jury.-A grand jury
156that has been dismissed may be recalled at any time during the
157same term of the grand jury court.
158     Section 12.  Section 905.095, Florida Statutes, is amended
159to read:
160     905.095  Extension of grand jury term.-Upon petition of the
161state attorney or the foreperson of the grand jury acting on
162behalf of a majority of the grand jurors, the circuit court may
163extend the term of a grand jury impaneled under this chapter
164beyond the term of court in which it was originally impaneled. A
165grand jury whose term has been extended as provided herein shall
166have the same composition and the same powers and duties it had
167during its original term. In the event the term of the grand
168jury is extended under this section, it shall be extended for a
169time certain, not to exceed a total of 90 days, and only for the
170purpose of concluding one or more specified investigative
171matters initiated during its original term.
172     Section 13.  Section 914.03, Florida Statutes, is amended
173to read:
174     914.03  Attendance of witnesses.-A witness summoned by a
175grand jury or in a criminal case shall remain in attendance
176until excused by the grand jury. A witness summoned in a
177criminal case shall remain in attendance until excused by the
178court. A witness who departs without permission of the court
179shall be in criminal contempt of court. A witness shall attend
180each succeeding term of court until the case is terminated.
181     Section 14.  This act shall take effect January 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.