HB 631

1
A bill to be entitled
2An act relating to terms of courts; repealing s.
325.051, F.S., relating to regular terms of the Supreme
4Court; repealing s. 26.21, F.S., relating to terms of
5the circuit courts; repealing s. 26.22, F.S., relating
6to terms of the First Judicial Circuit; repealing s.
726.23, F.S., relating to terms of the Second Judicial
8Circuit; repealing s. 26.24, F.S., relating to terms
9of the Third Judicial Circuit; repealing s. 26.25,
10F.S., relating to terms of the Fourth Judicial
11Circuit; repealing s. 26.26, F.S., relating to terms
12of the Fifth Judicial Circuit; repealing s. 26.27,
13F.S., relating to terms of the Sixth Judicial Circuit;
14repealing s. 26.28, F.S., relating to terms of the
15Seventh Judicial Circuit; repealing s. 26.29, F.S.,
16relating to terms of the Eighth Judicial Circuit;
17repealing s. 26.30, F.S., relating to terms of the
18Ninth Judicial Circuit; repealing s. 26.31, F.S.,
19relating to terms of the Tenth Judicial Circuit;
20repealing s. 26.32, F.S., relating to terms of the
21Eleventh Judicial Circuit; repealing s. 26.33, F.S.,
22relating to terms of the Twelfth Judicial Circuit;
23repealing s. 26.34, F.S., relating to terms of the
24Thirteenth Judicial Circuit; repealing s. 26.35, F.S.,
25relating to terms of the Fourteenth Judicial Circuit;
26repealing s. 26.36, F.S., relating to terms of the
27Fifteenth Judicial Circuit; repealing s. 26.361, F.S.,
28relating to terms of the Sixteenth Judicial Circuit;
29repealing s. 26.362, F.S., relating to terms of the
30Seventeenth Judicial Circuit; repealing s. 26.363,
31F.S., relating to terms of the Eighteenth Judicial
32Circuit; repealing s. 26.364, F.S., relating to terms
33of the Nineteenth Judicial Circuit; repealing s.
3426.365, F.S., relating to terms of the Twentieth
35Judicial Circuit; repealing s. 26.37, F.S., relating
36to requiring a judge to attend the first day of each
37term of the circuit court; repealing s. 26.38, F.S.,
38relating to a requirement for a judge to state a
39reason for nonattendance; repealing s. 26.39, F.S.,
40relating to the penalty for nonattendance of the
41judge; repealing s. 26.40, F.S., relating to
42adjournment of the circuit court upon nonattendance of
43the judge; repealing s. 26.42, F.S., relating to
44calling all cases on the docket at the end of each
45term; repealing s. 35.10, F.S., relating to regular
46terms of the district courts of appeal; repealing s.
4735.11, F.S., relating to special terms of the district
48courts of appeal; repealing s. 907.05, F.S., relating
49to a requirement that criminal trials be heard in the
50term of court prior to civil cases; repealing s.
51907.055, F.S., relating to a requirement that persons
52in custody be arraigned and tried in the term of court
53unless good cause is shown; amending ss. 26.46, 27.04,
5430.12, 30.15, 34.13, 35.05, and 38.23, F.S.;
55conforming provisions to changes made by the act;
56creating s. 43.43, F.S.; allowing the Supreme Court to
57set terms of court for the Supreme Court, district
58courts of appeal, and circuit courts; creating s.
5943.44, F.S.; providing that appellate courts may
60withdraw a mandate within 120 days after its issuance;
61amending ss. 112.19, 206.215, 450.121, 831.10, 831.17,
62877.08, 902.19, 903.32, 905.01, 905.09, 905.095,
63914.03, 924.065, and 932.47, F.S.; conforming
64provisions to changes made by the act; providing an
65effective date.
66
67Be It Enacted by the Legislature of the State of Florida:
68
69     Section 1.  Sections 25.051, 26.21, 26.22, 26.23, 26.24,
7026.25, 26.26, 26.27, 26.28, 26.29, 26.30, 26.31, 26.32, 26.33,
7126.34, 26.35, 26.36, 26.361, 26.362, 26.363, 26.364, 26.365,
7226.37, 26.38, 26.39, 26.40, 26.42, 35.10, 35.11, 907.05, and
73907.055, Florida Statutes, are repealed.
74     Section 2.  Section 26.46, Florida Statutes, is amended to
75read:
76     26.46  Jurisdiction of resident judge after assignment.-
77When a circuit judge is assigned to another circuit, none of the
78circuit judges in such other circuit shall, because of such
79assignment, be deprived of or affected in his or her
80jurisdiction other than to the extent essential so as not to
81conflict with the authority of the temporarily assigned circuit
82judge as to the particular case or cases or class of cases, or
83in presiding at the particular term or part of term named or
84specified in the assignment.
85     Section 3.  Section 27.04, Florida Statutes, is amended to
86read:
87     27.04  Summoning and examining witnesses for state.-The
88state attorney shall have summoned all witnesses required on
89behalf of the state; and he or she is allowed the process of his
90or her court to summon witnesses from throughout the state to
91appear before the state attorney in or out of term time at such
92convenient places in the state attorney's judicial circuit and
93at such convenient times as may be designated in the summons, to
94testify before him or her as to any violation of the law upon
95which they may be interrogated, and he or she is empowered to
96administer oaths to all witnesses summoned to testify by the
97process of his or her court or who may voluntarily appear before
98the state attorney to testify as to any violation or violations
99of the law.
100     Section 4.  Section 30.12, Florida Statutes, is amended to
101read:
102     30.12  Power to appoint sheriff.-Whenever any sheriff in
103the state shall fail to attend, in person or by deputy, any term
104of the circuit court or county court of the county, from
105sickness, death, or other cause, the judge attending said court
106may appoint an interim a sheriff, who shall assume all the
107responsibilities, perform all the duties, and receive the same
108compensation as if he or she had been duly appointed sheriff,
109for only the said term of nonattendance court and no longer.
110     Section 5.  Paragraph (c) of subsection (1) of section
11130.15, Florida Statutes, is amended to read:
112     30.15  Powers, duties, and obligations.-
113     (1)  Sheriffs, in their respective counties, in person or
114by deputy, shall:
115     (c)  Attend all sessions terms of the circuit court and
116county court held in their counties.
117     Section 6.  Subsection (2) of section 34.13, Florida
118Statutes, is amended to read:
119     34.13  Method of prosecution.-
120     (2)  Upon the finding of indictments by the grand jury for
121crimes cognizable by the county court, the clerk of the court,
122without any order therefor, shall docket the same on the trial
123docket of the county court on or before the first day of its
124next succeeding term.
125     Section 7.  Subsection (2) of section 35.05, Florida
126Statutes, is amended to read:
127     35.05  Headquarters.-
128     (2)  A district court of appeal may designate other
129locations within its district as branch headquarters for the
130conduct of the business of the court in special or regular term
131and as the official headquarters of its officers or employees
132pursuant to s. 112.061.
133     Section 8.  Section 38.23, Florida Statutes, is amended to
134read:
135     38.23  Contempt Contempts defined.-A refusal to obey any
136legal order, mandate or decree, made or given by any judge
137either in term time or in vacation relative to any of the
138business of the said court, after due notice thereof, is shall
139be considered a contempt, punishable and punished accordingly.
140But nothing said or written, or published, in vacation, to or of
141any judge, or of any decision made by a judge, shall in any case
142be construed to be a contempt.
143     Section 9.  Section 43.43, Florida Statutes, is created to
144read:
145     43.43  Terms of courts.-The Supreme Court may establish
146terms of court for the Supreme Court, the district courts of
147appeal, and the circuit courts; may authorize district courts of
148appeal and circuit courts to establish their own terms of court;
149or may dispense with terms of court.
150     Section 10.  Section 43.44, Florida Statutes, is created to
151read:
152     43.44  Mandate of an appeals court.-An appellate court has
153the jurisdiction and power, as the circumstances and justice of
154the case may require, to reconsider, revise, reform, or modify
155its own judgments for the purpose of making the same accord with
156law and justice. Accordingly, an appellate court has the power
157to recall its own mandate for the purpose of allowing it to
158exercise such jurisdiction and power in a proper case. A mandate
159may not be recalled more than 120 days after it is filed with
160the lower tribunal.
161     Section 11.  Paragraph (b) of subsection (1) of section
162112.19, Florida Statutes, is amended to read:
163     112.19  Law enforcement, correctional, and correctional
164probation officers; death benefits.-
165     (1)  Whenever used in this section, the term:
166     (b)  "Law enforcement, correctional, or correctional
167probation officer" means any officer as defined in s. 943.10(14)
168or employee of the state or any political subdivision of the
169state, including any law enforcement officer, correctional
170officer, correctional probation officer, state attorney
171investigator, or public defender investigator, whose duties
172require such officer or employee to investigate, pursue,
173apprehend, arrest, transport, or maintain custody of persons who
174are charged with, suspected of committing, or convicted of a
175crime; and the term includes any member of a bomb disposal unit
176whose primary responsibility is the location, handling, and
177disposal of explosive devices. The term also includes any full-
178time officer or employee of the state or any political
179subdivision of the state, certified pursuant to chapter 943,
180whose duties require such officer to serve process or to attend
181a session terms of a circuit or county court as bailiff.
182     Section 12.  Subsection (2) of section 206.215, Florida
183Statutes, is amended to read:
184     206.215  Costs and expenses of proceedings.-
185     (2)  The clerks of the courts performing duties under the
186provisions aforesaid shall receive the same fees as prescribed
187by the general law for the performance of similar duties, and
188witnesses attending any investigation pursuant to subpoena shall
189receive the same mileage and per diem as if attending as a
190witness before the circuit court in term time.
191     Section 13.  Subsection (4) of section 450.121, Florida
192Statutes, is amended to read:
193     450.121  Enforcement of Child Labor Law.-
194     (4)  Grand juries shall have inquisitorial powers to
195investigate violations of this chapter; also, trial court judges
196shall specially charge the grand jury, at the beginning of each
197term of the court, to investigate violations of this chapter.
198     Section 14.  Section 831.10, Florida Statutes, is amended
199to read:
200     831.10  Second conviction of uttering forged bills.-A
201person previously Whoever, having been convicted of violating
202the offense mentioned in s. 831.09 who is again convicted of
203that the like offense is committed after the former conviction,
204and whoever is at the same term of the court convicted upon
205three distinct charges of such offense, shall be deemed a common
206utterer of counterfeit bills, and shall be punished as provided
207in s. 775.084.
208     Section 15.  Section 831.17, Florida Statutes, is amended
209to read:
210     831.17  Violation of s. 831.16; second or subsequent
211conviction.-A person previously Whoever having been convicted of
212violating either of the offenses mentioned in s. 831.16 who, is
213again convicted of violating that statute either of the same
214offenses, committed after the former conviction, and whoever is
215at the same term of the court convicted upon three distinct
216charges of said offenses, commits a felony of the second degree,
217punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
218     Section 16.  Subsection (4) of section 877.08, Florida
219Statutes, is amended to read:
220     877.08  Coin-operated vending machines and parking meters;
221defined; prohibited acts, penalties.-
222     (4)  Whoever violates the provisions of subsection (3) a
223second or subsequent time commits, and is convicted of such
224second separate offense, either at the same term or a subsequent
225term of court, shall be guilty of a felony of the third degree,
226punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
227     Section 17.  Subsection (1) of section 902.19, Florida
228Statutes, is amended to read:
229     902.19  When prosecutor liable for costs.-
230     (1)  If When a person makes a complaint before a county
231court judge that a crime has been committed and is recognized by
232the county court judge to appear before at the next term of the
233court having jurisdiction to give evidence of the crime and
234fails to appear, the person is shall be liable for all costs
235occasioned by his or her complaint, and the county court judge
236may enter obtain a judgment and execution for the costs as in
237other cases.
238     Section 18.  Subsection (2) of section 903.32, Florida
239Statutes, is amended to read:
240     903.32  Defects in bond.-
241     (2)  If no day, or an impossible day, is stated in a bond
242for the defendant's appearance before a trial court judge for a
243hearing or trial, the defendant shall be bound to appear 10 days
244after receipt of notice to appear by the defendant, the
245defendant's counsel, or any surety on the undertaking. If no
246day, or an impossible day, is stated in a bond for the
247defendant's appearance for trial, the defendant shall be bound
248to appear on the first day of the next term of court that will
249commence more than 3 days after the undertaking is given.
250     Section 19.  Section 905.01, Florida Statutes, is amended
251to read:
252     905.01  Number and procurement of grand jury; replacement
253of member; term of grand jury.-
254     (1)  The grand jury shall consist of not fewer than 15 nor
255more than 21 persons. The provisions of law governing the
256qualifications, disqualifications, excusals, drawing, summoning,
257supplying deficiencies, compensation, and procurement of petit
258jurors apply to grand jurors. In addition, an elected public
259official is not eligible for service on a grand jury.
260     (2)  The chief judge of any circuit court may provide for
261the replacement of any grand juror who, for good cause, is
262unable to complete the term of the grand jury. Such replacement
263shall be made by appropriate order of the chief judge from the
264list of prospective jurors from which the grand juror to be
265replaced was selected.
266     (3)  The chief judge of each any circuit court shall
267regularly order may dispense with the convening of the grand
268jury for a at any term of 6 months court by filing a written
269order with the clerk of court directing that a grand jury not be
270summoned.
271     Section 20.  Section 905.09, Florida Statutes, is amended
272to read:
273     905.09  Discharge and recall of grand jury.-A grand jury
274that has been dismissed may be recalled at any time during the
275same term of the grand jury court.
276     Section 21.  Section 905.095, Florida Statutes, is amended
277to read:
278     905.095  Extension of grand jury term.-Upon petition of the
279state attorney or the foreperson of the grand jury acting on
280behalf of a majority of the grand jurors, the circuit court may
281extend the term of a grand jury impaneled under this chapter
282beyond the term of court in which it was originally impaneled. A
283grand jury whose term has been extended as provided herein shall
284have the same composition and the same powers and duties it had
285during its original term. If In the event the term of the grand
286jury is extended under this section, it shall be extended for a
287time certain, not to exceed a total of 90 days, and only for the
288purpose of concluding one or more specified investigative
289matters initiated during its original term.
290     Section 22.  Section 914.03, Florida Statutes, is amended
291to read:
292     914.03  Attendance of witnesses.-A witness summoned by a
293grand jury or in a criminal case shall remain in attendance
294until excused by the grand jury. A witness summoned in a
295criminal case shall remain in attendance until excused by the
296court. A witness who departs without permission of the court
297shall be in criminal contempt of court. A witness shall attend
298each succeeding term of court until the case is terminated.
299     Section 23.  Subsection (2) of section 924.065, Florida
300Statutes, is amended to read:
301     924.065  Denial of motion for new trial or arrest of
302judgment; appeal bond; supersedeas.-
303     (2)  An appeal may shall not be a supersedeas to the
304execution of the judgment, sentence, or order until the
305appellant has entered into a bond with at least two sureties to
306secure the payment of the judgment, fine, and any future costs
307that may be adjudged by the appellate court. The bond shall be
308conditioned on the appellant's personally answering and abiding
309by the final order, sentence, or judgment of the appellate court
310and, if the action is remanded, on the appellant's appearing
311before at the next term of the court in which the case was
312originally determined and not departing without leave of court.
313     Section 24.  Section 932.47, Florida Statutes, is amended
314to read:
315     932.47  Informations filed by prosecuting attorneys.-
316Informations may be filed by the prosecuting attorney of the
317circuit court with the clerk of the circuit court in vacation or
318in term without leave of the court first being obtained.
319     Section 25.  This act shall take effect January 1, 2013.


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