CS/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,
5027.04, 30.12, 30.15, 34.13, 35.05, and 38.23, F.S.;
51conforming provisions to changes made by the act; creating
52s. 43.43, F.S.; allowing the Supreme Court to set terms of
53court for the Supreme Court, district courts of appeal,
54and circuit courts; creating s. 43.44, F.S.; providing
55that appellate courts may withdraw a mandate within 120
56days after its issuance; amending ss. 112.19, 206.215,
57450.121, 831.10, 831.17, 877.08, 902.19, 903.32, 905.01,
58905.09, 905.095, 914.03, 924.065, and 932.47, F.S.;
59conforming provisions to changes made by the act;
60providing an effective date.
62Be It Enacted by the Legislature of the State of Florida:
64     Section 1.  Sections 25.051, 26.21, 26.22, 26.23, 26.24,
6526.25, 26.26, 26.27, 26.28, 26.29, 26.30, 26.31, 26.32, 26.33,
6626.34, 26.35, 26.36, 26.361, 26.362, 26.363, 26.364, 26.365,
6726.37, 26.38, 26.39, 26.40, 26.42, 35.10, 35.11, 907.05, and
68907.055, Florida Statutes, are repealed.
69     Section 2.  Section 26.46, Florida Statutes, is amended to
71     26.46  Jurisdiction of resident judge after assignment.-
72When a circuit judge is assigned to another circuit, none of the
73circuit judges in such other circuit shall, because of such
74assignment, be deprived of or affected in his or her
75jurisdiction other than to the extent essential so as not to
76conflict with the authority of the temporarily assigned circuit
77judge as to the particular case or cases or class of cases, or
78in presiding at the particular term or part of term named or
79specified in the assignment.
80     Section 3.  Section 27.04, Florida Statutes, is amended to
82     27.04  Summoning and examining witnesses for state.-The
83state attorney shall have summoned all witnesses required on
84behalf of the state; and he or she is allowed the process of his
85or her court to summon witnesses from throughout the state to
86appear before the state attorney in or out of term time at such
87convenient places in the state attorney's judicial circuit and
88at such convenient times as may be designated in the summons, to
89testify before him or her as to any violation of the law upon
90which they may be interrogated, and he or she is empowered to
91administer oaths to all witnesses summoned to testify by the
92process of his or her court or who may voluntarily appear before
93the state attorney to testify as to any violation or violations
94of the law.
95     Section 4.  Section 30.12, Florida Statutes, is amended to
97     30.12  Power to appoint sheriff.-Whenever any sheriff in
98the state shall fail to attend, in person or by deputy, any term
99of the circuit court or county court of the county, from
100sickness, death, or other cause, the judge attending said court
101may appoint an interim a sheriff, who shall assume all the
102responsibilities, perform all the duties, and receive the same
103compensation as if he or she had been duly appointed sheriff,
104for only the said term of nonattendance court and no longer.
105     Section 5.  Paragraph (c) of subsection (1) of section
10630.15, Florida Statutes, is amended to read:
107     30.15  Powers, duties, and obligations.-
108     (1)  Sheriffs, in their respective counties, in person or
109by deputy, shall:
110     (c)  Attend all sessions terms of the circuit court and
111county court held in their counties.
112     Section 6.  Subsection (2) of section 34.13, Florida
113Statutes, is amended to read:
114     34.13  Method of prosecution.-
115     (2)  Upon the finding of indictments by the grand jury for
116crimes cognizable by the county court, the clerk of the court,
117without any order therefor, shall docket the same on the trial
118docket of the county court on or before the first day of its
119next succeeding term.
120     Section 7.  Subsection (2) of section 35.05, Florida
121Statutes, is amended to read:
122     35.05  Headquarters.-
123     (2)  A district court of appeal may designate other
124locations within its district as branch headquarters for the
125conduct of the business of the court in special or regular term
126and as the official headquarters of its officers or employees
127pursuant to s. 112.061.
128     Section 8.  Section 38.23, Florida Statutes, is amended to
130     38.23  Contempt Contempts defined.-A refusal to obey any
131legal order, mandate or decree, made or given by any judge
132either in term time or in vacation relative to any of the
133business of said court, after due notice thereof, shall be
134considered a contempt, and punished accordingly. But nothing
135said or written, or published, in vacation, to or of any judge,
136or of any decision made by a judge, shall in any case be
137construed to be a contempt.
138     Section 9.  Section 43.43, Florida Statutes, is created to
140     43.43  Terms of courts.-The Supreme Court may establish
141terms of court for the Supreme Court, the district courts of
142appeal, and the circuit courts; may provide that district courts
143and circuit courts may establish their own terms of court; or
144may dispense with terms of court.
145     Section 10.  Section 43.44, Florida Statutes, is created to
147     43.44  Mandate of an appeals court.-An appellate court has
148the jurisdiction and power, as the circumstances and justice of
149the case may require, to reconsider, revise, reform, or modify
150its own judgments for the purpose of making the same accord with
151law and justice. Accordingly, an appellate court has the power
152to recall its own mandate for the purpose of enabling it to
153exercise such jurisdiction and power in a proper case. A mandate
154may not be recalled more than 120 days after it is filed with
155the lower tribunal.
156     Section 11.  Paragraph (b) of subsection (1) of section
157112.19, Florida Statutes, is amended to read:
158     112.19  Law enforcement, correctional, and correctional
159probation officers; death benefits.-
160     (1)  Whenever used in this section, the term:
161     (b)  "Law enforcement, correctional, or correctional
162probation officer" means any officer as defined in s. 943.10(14)
163or employee of the state or any political subdivision of the
164state, including any law enforcement officer, correctional
165officer, correctional probation officer, state attorney
166investigator, or public defender investigator, whose duties
167require such officer or employee to investigate, pursue,
168apprehend, arrest, transport, or maintain custody of persons who
169are charged with, suspected of committing, or convicted of a
170crime; and the term includes any member of a bomb disposal unit
171whose primary responsibility is the location, handling, and
172disposal of explosive devices. The term also includes any full-
173time officer or employee of the state or any political
174subdivision of the state, certified pursuant to chapter 943,
175whose duties require such officer to serve process or to attend
176session terms of a circuit or county court as bailiff.
177     Section 12.  Subsection (2) of section 206.215, Florida
178Statutes, is amended to read:
179     206.215  Costs and expenses of proceedings.-
180     (2)  The clerks of the courts performing duties under the
181provisions aforesaid shall receive the same fees as prescribed
182by the general law for the performance of similar duties, and
183witnesses attending any investigation pursuant to subpoena shall
184receive the same mileage and per diem as if attending as a
185witness before the circuit court in term time.
186     Section 13.  Subsection (4) of section 450.121, Florida
187Statutes, is amended to read:
188     450.121  Enforcement of Child Labor Law.-
189     (4)  Grand juries shall have inquisitorial powers to
190investigate violations of this chapter; also, trial court judges
191shall specially charge the grand jury, at the beginning of each
192term of the court, to investigate violations of this chapter.
193     Section 14.  Section 831.10, Florida Statutes, is amended
194to read:
195     831.10  Second conviction of uttering forged bills.-
196Whoever, having been convicted of the offense mentioned in s.
197831.09 is again convicted of the like offense committed after
198the former conviction, and whoever is at the same term of the
199court convicted upon three distinct charges of such offense,
200shall be deemed a common utterer of counterfeit bills, and shall
201be punished as provided in s. 775.084.
202     Section 15.  Section 831.17, Florida Statutes, is amended
203to read:
204     831.17  Violation of s. 831.16; second or subsequent
205conviction.-Whoever having been convicted of either of the
206offenses mentioned in s. 831.16, is again convicted of either of
207the same offenses, committed after the former conviction, and
208whoever is at the same term of the court convicted upon three
209distinct charges of said offenses, commits a felony of the
210second degree, punishable as provided in s. 775.082, s. 775.083,
211or s. 775.084.
212     Section 16.  Subsection (4) of section 877.08, Florida
213Statutes, is amended to read:
214     877.08  Coin-operated vending machines and parking meters;
215defined; prohibited acts, penalties.-
216     (4)  Whoever violates the provisions of subsection (3) a
217second or subsequent time commits, and is convicted of such
218second separate offense, either at the same term or a subsequent
219term of court, shall be guilty of a felony of the third degree,
220punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
221     Section 17.  Subsection (1) of section 902.19, Florida
222Statutes, is amended to read:
223     902.19  When prosecutor liable for costs.-
224     (1)  When a person makes a complaint before a county court
225judge that a crime has been committed and is recognized by the
226county court judge to appear before at the next term of the
227court having jurisdiction to give evidence of the crime and
228fails to appear, the person shall be liable for all costs
229occasioned by his or her complaint, and the county court judge
230may enter obtain a judgment and execution for the costs as in
231other cases.
232     Section 18.  Subsection (2) of section 903.32, Florida
233Statutes, is amended to read:
234     903.32  Defects in bond.-
235     (2)  If no day, or an impossible day, is stated in a bond
236for the defendant's appearance before a trial court judge for a
237hearing or trial, the defendant shall be bound to appear 10 days
238after receipt of notice to appear by the defendant, the
239defendant's counsel, or any surety on the undertaking. If no
240day, or an impossible day, is stated in a bond for the
241defendant's appearance for trial, the defendant shall be bound
242to appear on the first day of the next term of court that will
243commence more than 3 days after the undertaking is given.
244     Section 19.  Subsection (3) of section 905.01, Florida
245Statutes, is amended to read:
246     905.01  Number and procurement of grand jury; replacement
247of member; term of grand jury.-
248     (3)  The chief judge of each any circuit court shall
249regularly order may dispense with the convening of the grand
250jury for a at any term of 6 months court by filing a written
251order with the clerk of court directing that a grand jury not be
253     Section 20.  Section 905.09, Florida Statutes, is amended
254to read:
255     905.09  Discharge and recall of grand jury.-A grand jury
256that has been dismissed may be recalled at any time during the
257same term of the grand jury court.
258     Section 21.  Section 905.095, Florida Statutes, is amended
259to read:
260     905.095  Extension of grand jury term.-Upon petition of the
261state attorney or the foreperson of the grand jury acting on
262behalf of a majority of the grand jurors, the circuit court may
263extend the term of a grand jury impaneled under this chapter
264beyond the term of court in which it was originally impaneled. A
265grand jury whose term has been extended as provided herein shall
266have the same composition and the same powers and duties it had
267during its original term. In the event the term of the grand
268jury is extended under this section, it shall be extended for a
269time certain, not to exceed a total of 90 days, and only for the
270purpose of concluding one or more specified investigative
271matters initiated during its original term.
272     Section 22.  Section 914.03, Florida Statutes, is amended
273to read:
274     914.03  Attendance of witnesses.-A witness summoned by a
275grand jury or in a criminal case shall remain in attendance
276until excused by the grand jury. A witness summoned in a
277criminal case shall remain in attendance until excused by the
278court. A witness who departs without permission of the court
279shall be in criminal contempt of court. A witness shall attend
280each succeeding term of court until the case is terminated.
281     Section 23.  Subsection (2) of section 924.065, Florida
282Statutes, is amended to read:
283     924.065  Denial of motion for new trial or arrest of
284judgment; appeal bond; supersedeas.-
285     (2)  An appeal shall not be a supersedeas to the execution
286of the judgment, sentence, or order until the appellant has
287entered into a bond with at least two sureties to secure the
288payment of the judgment, fine, and any future costs that may be
289adjudged by the appellate court. The bond shall be conditioned
290on the appellant's personally answering and abiding by the final
291order, sentence, or judgment of the appellate court and, if the
292action is remanded, on the appellant's appearing before at the
293next term of the court in which the case was originally
294determined and not departing without leave of court.
295     Section 24.  Section 932.47, Florida Statutes, is amended
296to read:
297     932.47  Informations filed by prosecuting attorneys.-
298Informations may be filed by the prosecuting attorney of the
299circuit court with the clerk of the circuit court in vacation or
300in term without leave of the court first being obtained.
301     Section 25.  This act shall take effect January 1, 2012.

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