Florida Senate - 2012                                     SB 462
       By Senator Bogdanoff
       25-00256A-12                                           2012462__
    1                        A bill to be entitled                      
    2         An act relating to terms of courts; repealing s.
    3         25.051, F.S., relating to regular terms of the Supreme
    4         Court; repealing s. 26.21, F.S., relating to terms of
    5         the circuit courts; repealing s. 26.22, F.S., relating
    6         to terms of the First Judicial Circuit; repealing s.
    7         26.23, F.S., relating to terms of the Second Judicial
    8         Circuit; repealing s. 26.24, F.S., relating to terms
    9         of the Third Judicial Circuit; repealing s. 26.25,
   10         F.S., relating to terms of the Fourth Judicial
   11         Circuit; repealing s. 26.26, F.S., relating to terms
   12         of the Fifth Judicial Circuit; repealing s. 26.27,
   13         F.S., relating to terms of the Sixth Judicial Circuit;
   14         repealing s. 26.28, F.S., relating to terms of the
   15         Seventh Judicial Circuit; repealing s. 26.29, F.S.,
   16         relating to terms of the Eighth Judicial Circuit;
   17         repealing s. 26.30, F.S., relating to terms of the
   18         Ninth Judicial Circuit; repealing s. 26.31, F.S.,
   19         relating to terms of the Tenth Judicial Circuit;
   20         repealing s. 26.32, F.S., relating to terms of the
   21         Eleventh Judicial Circuit; repealing s. 26.33, F.S.,
   22         relating to terms of the Twelfth Judicial Circuit;
   23         repealing s. 26.34, F.S., relating to terms of the
   24         Thirteenth Judicial Circuit; repealing s. 26.35, F.S.,
   25         relating to terms of the Fourteenth Judicial Circuit;
   26         repealing s. 26.36, F.S., relating to terms of the
   27         Fifteenth Judicial Circuit; repealing s. 26.361, F.S.,
   28         relating to terms of the Sixteenth Judicial Circuit;
   29         repealing s. 26.362, F.S., relating to terms of the
   30         Seventeenth Judicial Circuit; repealing s. 26.363,
   31         F.S., relating to terms of the Eighteenth Judicial
   32         Circuit; repealing s. 26.364, F.S., relating to terms
   33         of the Nineteenth Judicial Circuit; repealing s.
   34         26.365, F.S., relating to terms of the Twentieth
   35         Judicial Circuit; repealing s. 26.37, F.S., relating
   36         to requiring a judge to attend the first day of each
   37         term of the circuit court; repealing s. 26.38, F.S.,
   38         relating to a requirement for a judge to state a
   39         reason for nonattendance; repealing s. 26.39, F.S.,
   40         relating to the penalty for nonattendance of the
   41         judge; repealing s. 26.40, F.S., relating to
   42         adjournment of the circuit court upon nonattendance of
   43         the judge; repealing s. 26.42, F.S., relating to
   44         calling all cases on the docket at the end of each
   45         term; repealing s. 35.10, F.S., relating to regular
   46         terms of the district courts of appeal; repealing s.
   47         35.11, F.S., relating to special terms of the district
   48         courts of appeal; repealing s. 907.05, F.S., relating
   49         to a requirement that criminal trials be heard in the
   50         term of court prior to civil cases; repealing s.
   51         907.055, F.S., relating to a requirement that persons
   52         in custody be arraigned and tried in the term of court
   53         unless good cause is shown; amending ss. 26.46, 27.04,
   54         30.12, 30.15, 34.13, 35.05, and 38.23, F.S.;
   55         conforming provisions to changes made by the act;
   56         creating s. 43.43, F.S.; allowing the Supreme Court to
   57         set terms of court for the Supreme Court, district
   58         courts of appeal, and circuit courts; creating s.
   59         43.44, F.S.; providing that appellate courts may
   60         withdraw a mandate within 120 days after its issuance;
   61         amending ss. 112.19, 206.215, 450.121, 831.10, 831.17,
   62         877.08, 902.19, 903.32, 905.01, 905.09, 905.095,
   63         914.03, 924.065, and 932.47, F.S.; conforming
   64         provisions to changes made by the act; providing an
   65         effective date.
   67  Be It Enacted by the Legislature of the State of Florida:
   69         Section 1. Sections 25.051, 26.21, 26.22, 26.23, 26.24,
   70  26.25, 26.26, 26.27, 26.28, 26.29, 26.30, 26.31, 26.32, 26.33,
   71  26.34, 26.35, 26.36, 26.361, 26.362, 26.363, 26.364, 26.365,
   72  26.37, 26.38, 26.39, 26.40, 26.42, 35.10, 35.11, 907.05, and
   73  907.055, Florida Statutes, are repealed.
   74         Section 2. Section 26.46, Florida Statutes, is amended to
   75  read:
   76         26.46 Jurisdiction of resident judge after assignment.—When
   77  a circuit judge is assigned to another circuit, none of the
   78  circuit judges in such other circuit shall, because of such
   79  assignment, be deprived of or affected in his or her
   80  jurisdiction other than to the extent essential so as not to
   81  conflict with the authority of the temporarily assigned circuit
   82  judge as to the particular case or cases or class of cases, or
   83  in presiding at the particular term or part of term named or
   84  specified in the assignment.
   85         Section 3. Section 27.04, Florida Statutes, is amended to
   86  read:
   87         27.04 Summoning and examining witnesses for state.—The
   88  state attorney shall have summoned all witnesses required on
   89  behalf of the state; and he or she is allowed the process of his
   90  or her court to summon witnesses from throughout the state to
   91  appear before the state attorney in or out of term time at such
   92  convenient places in the state attorney’s judicial circuit and
   93  at such convenient times as may be designated in the summons, to
   94  testify before him or her as to any violation of the law upon
   95  which they may be interrogated, and he or she is empowered to
   96  administer oaths to all witnesses summoned to testify by the
   97  process of his or her court or who may voluntarily appear before
   98  the state attorney to testify as to any violation or violations
   99  of the law.
  100         Section 4. Section 30.12, Florida Statutes, is amended to
  101  read:
  102         30.12 Power to appoint sheriff.—Whenever any sheriff in the
  103  state shall fail to attend, in person or by deputy, any term of
  104  the circuit court or county court of the county, from sickness,
  105  death, or other cause, the judge attending said court may
  106  appoint an interim a sheriff, who shall assume all the
  107  responsibilities, perform all the duties, and receive the same
  108  compensation as if he or she had been duly appointed sheriff,
  109  for only the said term of nonattendance court and no longer.
  110         Section 5. Paragraph (c) of subsection (1) of section
  111  30.15, Florida Statutes, is amended to read:
  112         30.15 Powers, duties, and obligations.—
  113         (1) Sheriffs, in their respective counties, in person or by
  114  deputy, shall:
  115         (c) Attend all sessions terms of the circuit court and
  116  county court held in their counties.
  117         Section 6. Subsection (2) of section 34.13, Florida
  118  Statutes, is amended to read:
  119         34.13 Method of prosecution.—
  120         (2) Upon the finding of indictments by the grand jury for
  121  crimes cognizable by the county court, the clerk of the court,
  122  without any order therefor, shall docket the same on the trial
  123  docket of the county court on or before the first day of its
  124  next succeeding term.
  125         Section 7. Subsection (2) of section 35.05, Florida
  126  Statutes, is amended to read:
  127         35.05 Headquarters.—
  128         (2) A district court of appeal may designate other
  129  locations within its district as branch headquarters for the
  130  conduct of the business of the court in special or regular term
  131  and as the official headquarters of its officers or employees
  132  pursuant to s. 112.061.
  133         Section 8. Section 38.23, Florida Statutes, is amended to
  134  read:
  135         38.23 Contempt Contempts defined.—A refusal to obey any
  136  legal order, mandate or decree, made or given by any judge
  137  either in term time or in vacation relative to any of the
  138  business of the said court, after due notice thereof, is shall
  139  be considered a contempt, punishable and punished accordingly.
  140  But nothing said or written, or published, in vacation, to or of
  141  any judge, or of any decision made by a judge, shall in any case
  142  be construed to be a contempt.
  143         Section 9. Section 43.43, Florida Statutes, is created to
  144  read:
  145         43.43 Terms of courts.—The Supreme Court may establish
  146  terms of court for the Supreme Court, the district courts of
  147  appeal, and the circuit courts; may authorize district courts of
  148  appeal and circuit courts to establish their own terms of court;
  149  or may dispense with terms of court.
  150         Section 10. Section 43.44, Florida Statutes, is created to
  151  read:
  152         43.44 Mandate of an appeals court.—An appellate court has
  153  the jurisdiction and power, as the circumstances and justice of
  154  the case may require, to reconsider, revise, reform, or modify
  155  its own judgments for the purpose of making the same accord with
  156  law and justice. Accordingly, an appellate court has the power
  157  to recall its own mandate for the purpose of allowing it to
  158  exercise such jurisdiction and power in a proper case. A mandate
  159  may not be recalled more than 120 days after it is filed with
  160  the lower tribunal.
  161         Section 11. Paragraph (b) of subsection (1) of section
  162  112.19, Florida Statutes, is amended to read:
  163         112.19 Law enforcement, correctional, and correctional
  164  probation officers; death benefits.—
  165         (1) Whenever used in this section, the term:
  166         (b) “Law enforcement, correctional, or correctional
  167  probation officer” means any officer as defined in s. 943.10(14)
  168  or employee of the state or any political subdivision of the
  169  state, including any law enforcement officer, correctional
  170  officer, correctional probation officer, state attorney
  171  investigator, or public defender investigator, whose duties
  172  require such officer or employee to investigate, pursue,
  173  apprehend, arrest, transport, or maintain custody of persons who
  174  are charged with, suspected of committing, or convicted of a
  175  crime; and the term includes any member of a bomb disposal unit
  176  whose primary responsibility is the location, handling, and
  177  disposal of explosive devices. The term also includes any full
  178  time officer or employee of the state or any political
  179  subdivision of the state, certified pursuant to chapter 943,
  180  whose duties require such officer to serve process or to attend
  181  a session terms of a circuit or county court as bailiff.
  182         Section 12. Subsection (2) of section 206.215, Florida
  183  Statutes, is amended to read:
  184         206.215 Costs and expenses of proceedings.—
  185         (2) The clerks of the courts performing duties under the
  186  provisions aforesaid shall receive the same fees as prescribed
  187  by the general law for the performance of similar duties, and
  188  witnesses attending any investigation pursuant to subpoena shall
  189  receive the same mileage and per diem as if attending as a
  190  witness before the circuit court in term time.
  191         Section 13. Subsection (4) of section 450.121, Florida
  192  Statutes, is amended to read:
  193         450.121 Enforcement of Child Labor Law.—
  194         (4) Grand juries shall have inquisitorial powers to
  195  investigate violations of this chapter; also, trial court judges
  196  shall specially charge the grand jury, at the beginning of each
  197  term of the court, to investigate violations of this chapter.
  198         Section 14. Section 831.10, Florida Statutes, is amended to
  199  read:
  200         831.10 Second conviction of uttering forged bills.—A person
  201  previously Whoever, having been convicted of violating the
  202  offense mentioned in s. 831.09 who is again convicted of that
  203  the like offense is committed after the former conviction, and
  204  whoever is at the same term of the court convicted upon three
  205  distinct charges of such offense, shall be deemed a common
  206  utterer of counterfeit bills, and shall be punished as provided
  207  in s. 775.084.
  208         Section 15. Section 831.17, Florida Statutes, is amended to
  209  read:
  210         831.17 Violation of s. 831.16; second or subsequent
  211  conviction.—A person previously Whoever having been convicted of
  212  violating either of the offenses mentioned in s. 831.16 who, is
  213  again convicted of violating that statute either of the same
  214  offenses, committed after the former conviction, and whoever is
  215  at the same term of the court convicted upon three distinct
  216  charges of said offenses, commits a felony of the second degree,
  217  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  218         Section 16. Subsection (4) of section 877.08, Florida
  219  Statutes, is amended to read:
  220         877.08 Coin-operated vending machines and parking meters;
  221  defined; prohibited acts, penalties.—
  222         (4) Whoever violates the provisions of subsection (3) a
  223  second or subsequent time commits, and is convicted of such
  224  second separate offense, either at the same term or a subsequent
  225  term of court, shall be guilty of a felony of the third degree,
  226  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  227         Section 17. Subsection (1) of section 902.19, Florida
  228  Statutes, is amended to read:
  229         902.19 When prosecutor liable for costs.—
  230         (1) If When a person makes a complaint before a county
  231  court judge that a crime has been committed and is recognized by
  232  the county court judge to appear before at the next term of the
  233  court having jurisdiction to give evidence of the crime and
  234  fails to appear, the person is shall be liable for all costs
  235  occasioned by his or her complaint, and the county court judge
  236  may enter obtain a judgment and execution for the costs as in
  237  other cases.
  238         Section 18. Subsection (2) of section 903.32, Florida
  239  Statutes, is amended to read:
  240         903.32 Defects in bond.—
  241         (2) If no day, or an impossible day, is stated in a bond
  242  for the defendant’s appearance before a trial court judge for a
  243  hearing or trial, the defendant shall be bound to appear 10 days
  244  after receipt of notice to appear by the defendant, the
  245  defendant’s counsel, or any surety on the undertaking. If no
  246  day, or an impossible day, is stated in a bond for the
  247  defendant’s appearance for trial, the defendant shall be bound
  248  to appear on the first day of the next term of court that will
  249  commence more than 3 days after the undertaking is given.
  250         Section 19. Section 905.01, Florida Statutes, is amended to
  251  read:
  252         905.01 Number and procurement of grand jury; replacement of
  253  member; term of grand jury.—
  254         (1) The grand jury shall consist of not fewer than 15 nor
  255  more than 21 persons. The provisions of law governing the
  256  qualifications, disqualifications, excusals, drawing, summoning,
  257  supplying deficiencies, compensation, and procurement of petit
  258  jurors apply to grand jurors. In addition, an elected public
  259  official is not eligible for service on a grand jury.
  260         (2) The chief judge of any circuit court may provide for
  261  the replacement of any grand juror who, for good cause, is
  262  unable to complete the term of the grand jury. Such replacement
  263  shall be made by appropriate order of the chief judge from the
  264  list of prospective jurors from which the grand juror to be
  265  replaced was selected.
  266         (3) The chief judge of each any circuit court shall
  267  regularly order may dispense with the convening of the grand
  268  jury for a at any term of 6 months court by filing a written
  269  order with the clerk of court directing that a grand jury not be
  270  summoned.
  271         Section 20. Section 905.09, Florida Statutes, is amended to
  272  read:
  273         905.09 Discharge and recall of grand jury.—A grand jury
  274  that has been dismissed may be recalled at any time during the
  275  same term of the grand jury court.
  276         Section 21. Section 905.095, Florida Statutes, is amended
  277  to read:
  278         905.095 Extension of grand jury term.—Upon petition of the
  279  state attorney or the foreperson of the grand jury acting on
  280  behalf of a majority of the grand jurors, the circuit court may
  281  extend the term of a grand jury impaneled under this chapter
  282  beyond the term of court in which it was originally impaneled. A
  283  grand jury whose term has been extended as provided herein shall
  284  have the same composition and the same powers and duties it had
  285  during its original term. If In the event the term of the grand
  286  jury is extended under this section, it shall be extended for a
  287  time certain, not to exceed a total of 90 days, and only for the
  288  purpose of concluding one or more specified investigative
  289  matters initiated during its original term.
  290         Section 22. Section 914.03, Florida Statutes, is amended to
  291  read:
  292         914.03 Attendance of witnesses.—A witness summoned by a
  293  grand jury or in a criminal case shall remain in attendance
  294  until excused by the grand jury. A witness summoned in a
  295  criminal case shall remain in attendance until excused by the
  296  court. A witness who departs without permission of the court
  297  shall be in criminal contempt of court. A witness shall attend
  298  each succeeding term of court until the case is terminated.
  299         Section 23. Subsection (2) of section 924.065, Florida
  300  Statutes, is amended to read:
  301         924.065 Denial of motion for new trial or arrest of
  302  judgment; appeal bond; supersedeas.—
  303         (2) An appeal may shall not be a supersedeas to the
  304  execution of the judgment, sentence, or order until the
  305  appellant has entered into a bond with at least two sureties to
  306  secure the payment of the judgment, fine, and any future costs
  307  that may be adjudged by the appellate court. The bond shall be
  308  conditioned on the appellant’s personally answering and abiding
  309  by the final order, sentence, or judgment of the appellate court
  310  and, if the action is remanded, on the appellant’s appearing
  311  before at the next term of the court in which the case was
  312  originally determined and not departing without leave of court.
  313         Section 24. Section 932.47, Florida Statutes, is amended to
  314  read:
  315         932.47 Informations filed by prosecuting attorneys.
  316  Informations may be filed by the prosecuting attorney of the
  317  circuit court with the clerk of the circuit court in vacation or
  318  in term without leave of the court first being obtained.
  319         Section 25. This act shall take effect January 1, 2013.