Florida Senate - 2014 SB 828
By Senator Bradley
7-00992-14 2014828__
1 A bill to be entitled
2 An act relating to the court system; repealing s.
3 25.151, F.S., relating to a prohibition on the
4 practice of law by a retired justice of the Supreme
5 Court; repealing ss. 25.191 and 25.231, F.S., relating
6 to the appointment and duties of a Clerk of the
7 Supreme Court; amending s. 25.241, F.S.; deleting a
8 requirement regarding the salary of the Clerk of the
9 Supreme Court, to conform; repealing s. 25.281, F.S.,
10 relating to compensation of the Marshal of the Supreme
11 Court; repealing s. 25.351, F.S., relating to the
12 acquisition of books by the Supreme Court; repealing
13 s. 26.01, F.S., relating to the number of judicial
14 circuits; amending s. 26.021, F.S.; specifying the
15 number of judicial circuits; repealing certain
16 residency requirements for circuit judges; repealing
17 s. 26.51, F.S., relating to payment of the salaries of
18 circuit judges; amending s. 26.55, F.S.; excluding
19 retired judges practicing law from the Conference of
20 Circuit Judges of Florida; removing a requirement that
21 circuit court judges attend and participate in such
22 conference; requiring that the conference operate
23 according to the Rules of Judicial Administration;
24 revising requirements for such conferences; repealing
25 ss. 27.50 and 27.55, F.S., relating to the
26 qualifications, election, compensation, and certain
27 expenditures of public defenders; creating s. 29.23,
28 F.S.; providing for certain judicial branch salaries;
29 repealing ss. 35.12, 35.13, 35.19, and 35.21, F.S.,
30 relating to the chief judge, quorum, compensation of
31 judges, and clerk, respectively, of the district
32 courts of appeal; amending s. 35.22, F.S.; deleting a
33 requirement for the appointment and salary of a clerk
34 for each district court of appeal; repealing ss. 35.25
35 and 35.27, F.S., relating to duties of the clerk and
36 compensation of the marshal, respectively, of the
37 district courts of appeal; repealing s. 38.13, F.S.,
38 relating to replacement of disqualified judges of the
39 district courts of appeal; amending s. 43.20, F.S.;
40 revising the number of members of the Judicial
41 Qualifications Commission to conform to requirements
42 of the State Constitution; repealing s. 57.101, F.S.,
43 relating to the charging of costs against the losing
44 party for certain copies of records in the Supreme
45 Court; repealing s. 92.15, F.S., relating to an
46 evidentiary rule regarding evidence of title to land
47 passing from the United States; providing an effective
48 date.
49
50 Be It Enacted by the Legislature of the State of Florida:
51
52 Section 1. Section 25.151, Florida Statutes, is repealed.
53 Section 2. Sections 25.191 and 25.231, Florida Statutes,
54 are repealed.
55 Section 3. Subsection (1) of section 25.241, Florida
56 Statutes, is amended to read:
57 25.241 Clerk of Supreme Court; compensation; assistants;
58 filing fees, etc.—
59 (1) The Clerk of the Supreme Court shall be paid an annual
60 salary to be determined in accordance with s. 25.382.
61 Section 4. Section 25.281, Florida Statutes, is repealed.
62 Section 5. Section 25.351, Florida Statutes, is repealed.
63 Section 6. Section 26.01, Florida Statutes, is repealed.
64 Section 7. Section 26.021, Florida Statutes, is amended to
65 read:
66 26.021 Judicial circuits; judges.—The state is divided into
67 20 judicial circuits:
68 (1) The first circuit is composed of Escambia, Okaloosa,
69 Santa Rosa, and Walton Counties.
70 (2) The second circuit is composed of Franklin Leon,
71 Gadsden, Jefferson, Leon, Liberty, and Wakulla, Liberty, and
72 Franklin Counties.
73 (3) The third circuit is composed of Columbia, Dixie,
74 Hamilton, Lafayette, Madison, Suwannee, and Taylor Counties.
75 (4) The fourth circuit is composed of Clay, Duval, and
76 Nassau Counties.
77 (5) The fifth circuit is composed of Citrus, Hernando,
78 Lake, Marion, and Sumter Counties. Two of the circuit judges
79 authorized for the fifth circuit shall reside in either Citrus,
80 Hernando, or Sumter County, and neither of such two judges shall
81 reside in the same county.
82 (6) The sixth circuit is composed of Pasco and Pinellas
83 Counties.
84 (7) The seventh circuit is composed of Flagler, Putnam, St.
85 Johns, and Volusia Counties. One judge shall reside in Flagler
86 County; two judges shall reside in Putnam County; two judges
87 shall reside in St. Johns County; and three judges shall reside
88 in Volusia County. There shall be no residency requirement for
89 any other judges in the circuit.
90 (8) The eighth circuit is composed of Alachua, Baker,
91 Bradford, Gilchrist, Levy, and Union Counties.
92 (9) The ninth circuit is composed of Orange and Osceola
93 Counties.
94 (10) The tenth circuit is composed of Hardee, Highlands,
95 and Polk Counties.
96 (11) The eleventh circuit is composed of Miami-Dade County.
97 (12) The twelfth circuit is composed of Desoto, Manatee,
98 and Sarasota, and DeSoto Counties.
99 (13) The thirteenth circuit is composed of Hillsborough
100 County.
101 (14) The fourteenth circuit is composed of Bay, Calhoun,
102 Gulf, Holmes, Jackson, and Washington Counties.
103 (15) The fifteenth circuit is composed of Palm Beach
104 County.
105 (16) The sixteenth circuit is composed of Monroe County.
106 One judge in the circuit shall reside in the middle or upper
107 Keys. There shall be no residency requirement for any other
108 judge in the circuit.
109 (17) The seventeenth circuit is composed of Broward County.
110 (18) The eighteenth circuit is composed of Brevard and
111 Seminole Counties.
112 (19) The nineteenth circuit is composed of Indian River,
113 Martin, Okeechobee, and St. Lucie Counties.
114 (20) The twentieth circuit is composed of Charlotte,
115 Collier, Glades, Hendry, and Lee Counties.
116 (21) Notwithstanding subsections (1)-(20), the territorial
117 jurisdiction of a circuit court may be expanded as provided for
118 in s. 910.03(3).
119
120 The judicial nominating commission of each circuit, in
121 submitting nominations for any vacancy in a judgeship, and the
122 Governor, in filling any vacancy for a judgeship, shall consider
123 whether the existing judges within the circuit, together with
124 potential nominees or appointees, reflect the geographic
125 distribution of the population within the circuit, the
126 geographic distribution of the caseload within the circuit, the
127 racial and ethnic diversity of the population within the
128 circuit, and the geographic distribution of the racial and
129 ethnic minority population within the circuit.
130 Section 8. Section 26.51, Florida Statutes, is repealed.
131 Section 9. Section 26.55, Florida Statutes, is amended to
132 read:
133 26.55 Conference of Circuit Judges of Florida; duties and
134 reports.—
135 (1) There is created and established the Conference of
136 Circuit Judges of Florida. The conference consists shall consist
137 of the active and retired circuit judges of the several judicial
138 circuits of the state, excluding retired judges practicing law.
139 (2) The conference shall annually elect a chair. The chair,
140 whose duty it shall be to call all meetings and to appoint
141 committees to effectuate the purposes of the conference. It is
142 declared to be an official function of each circuit judge to
143 attend the meetings of the conference. It is also an official
144 function of each circuit judge to participate in the activity of
145 each committee to the membership of which such judge is
146 appointed.
147 (3)(a) It is declared to be the responsibility of The
148 conference shall operate according to the Rules of Judicial
149 Administration adopted by the Supreme Court. The
150 responsibilities of the conference include to:
151 (a)1. Considering and making Consider and make
152 recommendations concerning the betterment of the judicial system
153 of the state and its various parts;
154 (b)2. Considering and making Consider and make
155 recommendations concerning the improvement of rules and methods
156 of procedure and practice in the several courts; and
157 (c)3. Reporting Report to the Supreme Court its such
158 findings and recommendations under this subsection; and as the
159 conference may have with reference thereto.
160 (d)(b) Providing Not less than 60 days before the convening
161 of the regular session of the Legislature with, the chair of the
162 conference shall report to the President of the Senate and the
163 Speaker of the House such recommendations as the conference may
164 have concerning defects in the laws of this state and such
165 amendments or additional legislation as the conference may deem
166 necessary regarding the administration of justice.
167 Section 10. Sections 27.50 and 27.55, Florida Statutes, are
168 repealed.
169 Section 11. Section 29.23, Florida Statutes, is created to
170 read:
171 29.23 Salaries of certain positions in the judicial
172 branch.—
173 (1) The salaries of justices, judges of the district courts
174 of appeal, circuit judges, and county judges shall be fixed
175 annually in the General Appropriations Act.
176 (2) The clerk and the marshal of the Supreme Court, or a
177 clerk or marshal of a district court of appeal, shall be paid an
178 annual salary to be determined in accordance with s. 25.382(3).
179 Section 12. Sections 35.12, 35.13, 35.19, and 35.21,
180 Florida Statutes, are repealed.
181 Section 13. Subsection (1) of section 35.22, Florida
182 Statutes, is amended to read:
183 35.22 Clerk of district court; appointment; compensation;
184 assistants; filing fees; teleconferencing.—
185 (1) Each district court of appeal shall appoint a clerk who
186 shall be paid an annual salary to be determined in accordance
187 with s. 25.382.
188 (1)(2) The clerk may is authorized to employ such deputies
189 and clerical assistants as may be necessary. Their number and
190 compensation shall be approved by the court, and paid from the
191 annual appropriation for the district courts of appeal.
192 (2)(3)(a) The clerk, upon the filing of a certified copy of
193 a notice of appeal or petition, shall charge and collect a
194 filing fee of $300 for each case docketed, and service charges
195 as provided in s. 28.24 for copying, certifying or furnishing
196 opinions, records, papers or other instruments and for other
197 services. The state of Florida or its agencies, when appearing
198 as appellant or petitioner, is exempt from the filing fee
199 required in this subsection. From each attorney appearance pro
200 hac vice, The clerk shall collect from each attorney appearance
201 pro hac vice a fee of $100 for deposit as provided in this
202 section.
203 (b) Upon the filing of a notice of cross-appeal, or a
204 notice of joinder or motion to intervene as an appellant, cross
205 appellant, or petitioner, the clerk shall charge and collect a
206 filing fee of $295. The clerk shall remit the fee to the
207 Department of Revenue for deposit into the General Revenue Fund.
208 The state and its agencies are exempt from the filing fee
209 required by this paragraph.
210 (3)(4) The opinions of the district court of appeal may
211 shall not be recorded, but the original as filed shall be
212 preserved with the record in each case.
213 (4)(5) The clerk may is authorized immediately, after a
214 case is disposed of, to supply the judge who tried the case and
215 from whose order, judgment, or decree, appeal or other review is
216 taken, a copy of all opinions, orders, or judgments filed in
217 such case. Copies of opinions, orders, and decrees shall be
218 furnished in all cases to each attorney of record and for
219 publication in Florida reports to the authorized publisher
220 without charge, and copies furnished to other law book
221 publishers at one-half the regular statutory fee.
222 (5)(6) The clerk of each district court of appeal shall is
223 required to deposit all fees collected in the State Treasury to
224 the credit of the General Revenue Fund, except that $50 of each
225 $300 filing fee collected shall be deposited into the State
226 Courts Revenue Trust Fund to fund court operations as authorized
227 in the General Appropriations Act. The clerk shall retain an
228 accounting of each such remittance.
229 (6)(7) The clerk of the district court of appeal may is
230 authorized to collect a fee from the parties to an appeal
231 reflecting the actual cost of conducting the proceeding through
232 teleconferencing if where the parties have requested that an
233 oral argument or mediation be conducted through
234 teleconferencing. The fee collected for this purpose shall be
235 used to offset the expenses associated with scheduling the
236 teleconference and shall be deposited in the State Courts
237 Revenue Trust Fund.
238 Section 14. Sections 35.25 and 35.27, Florida Statutes, are
239 repealed.
240 Section 15. Section 38.13, Florida Statutes, is repealed.
241 Section 16. Subsection (2) of section 43.20, Florida
242 Statutes, is amended to read:
243 43.20 Judicial Qualifications Commission.—
244 (2) MEMBERSHIP; TERMS.—The commission shall consist of 15
245 13 members. The members of the commission shall serve for terms
246 of 6 years.
247 Section 17. Section 57.101, Florida Statutes, is repealed.
248 Section 18. Section 92.15, Florida Statutes, is repealed.
249 Section 19. This act shall take effect July 1, 2014.