Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS/HB 7061, 1st Eng.
Ì483720ÃÎ483720
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AE/2R . Floor: CA
03/08/2018 08:00 PM . 03/09/2018 10:13 PM
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Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 25.025, Florida Statutes, is created to
6 read:
7 25.025 Headquarters.—
8 (1)(a) A Supreme Court justice who permanently resides
9 outside Leon County shall, if he or she so requests, have a
10 district court of appeal courthouse, a county courthouse, or
11 other appropriate facility in his or her district of residence
12 designated as his or her official headquarters pursuant to s.
13 112.061. This official headquarters may serve only as the
14 justice’s private chambers.
15 (b) A justice for whom an official headquarters is
16 designated in his or her district of residence under this
17 subsection is eligible for subsistence at a rate to be
18 established by the Chief Justice for each day or partial day
19 that the justice is at the headquarters of the Supreme Court for
20 the conduct of the business of the court. In addition to the
21 subsistence allowance, a justice is eligible for reimbursement
22 for transportation expenses as provided in s. 112.061(7) for
23 travel between the justice’s official headquarters and the
24 headquarters of the Supreme Court for the conduct of the
25 business of the court.
26 (c) Payment of subsistence and reimbursement for
27 transportation expenses relating to travel between a justice’s
28 official headquarters and the headquarters of the Supreme Court
29 shall be made to the extent appropriated funds are available, as
30 determined by the Chief Justice.
31 (2) The Chief Justice shall coordinate with each affected
32 justice and other state and local officials as necessary to
33 implement paragraph (1)(a).
34 (3)(a) This section does not require a county to provide
35 space in a county courthouse for a justice. A county may enter
36 into an agreement with the Supreme Court governing the use of
37 space in a county courthouse.
38 (b) The Supreme Court may not use state funds to lease
39 space in a district court of appeal courthouse, county
40 courthouse, or other facility to allow a justice to establish an
41 official headquarters pursuant to subsection (1).
42 Section 2. Effective January 1, 2020, section 26.012,
43 Florida Statutes, is amended to read:
44 26.012 Jurisdiction of circuit court.—
45 (1)(a) The appellate jurisdiction of the circuit courts
46 includes: Circuit courts shall have jurisdiction of
47 1. Appeals from county courts court orders or judgments in
48 actions at law in which the matter in controversy does not
49 exceed the sum of $15,000, exclusive of interest, costs, and
50 attorney fees. This limit must be adjusted every 5 years after
51 January 1, 2020, to reflect the rate of inflation or deflation
52 as indicated in the Consumer Price Index for All Urban
53 Consumers, U.S. City Average, All Items, or successor reports as
54 reported by the United States Department of Labor, Bureau of
55 Labor Statistics, or its successor. The adjustments must be
56 rounded to the nearest $5,000.
57 2. Appeals from county court orders or judgments in
58 misdemeanor cases.
59 3. Appeals of county court orders and judgments relating to
60 family law matters and other matters within the jurisdiction of
61 the county court under s. 34.01(2).
62 4. Appeals from final administrative orders of local
63 government code enforcement boards.
64 (b) The appellate jurisdiction of the circuit courts does
65 not include except appeals of county court orders or judgments
66 that: declaring
67 1. Declare invalid a state statute or a provision of the
68 State Constitution. and except orders or judgments of a county
69 court which
70 2. Are certified by the county court to the district court
71 of appeal to be of great public importance and which are
72 accepted by the district court of appeal for review. Circuit
73 courts shall have jurisdiction of appeals from final
74 administrative orders of local government code enforcement
75 boards.
76 (2) Circuit courts They shall have exclusive original
77 jurisdiction:
78 (a) In all actions at law not cognizable by the county
79 courts;
80 (b) Of proceedings relating to the settlement of the
81 estates of decedents and minors, the granting of letters
82 testamentary, guardianship, involuntary hospitalization, the
83 determination of incompetency, and other jurisdiction usually
84 pertaining to courts of probate;
85 (c) In all cases in equity including all cases relating to
86 juveniles except traffic offenses as provided in chapters 316
87 and 985;
88 (d) Of all felonies and of all misdemeanors arising out of
89 the same circumstances as a felony which is also charged;
90 (e) In all cases involving legality of any tax assessment
91 or toll or denial of refund, except as provided in s. 72.011;
92 (f) In actions of ejectment; and
93 (g) In all actions involving the title and boundaries of
94 real property.
95 (3) The circuit court may issue injunctions.
96 (4) The chief judge of a circuit may authorize a county
97 court judge to order emergency hospitalizations pursuant to part
98 I of chapter 394 in the absence from the county of the circuit
99 judge; and the county court judge has shall have the power to
100 issue all temporary orders and temporary injunctions necessary
101 or proper to the complete exercise of such jurisdiction.
102 (5) A circuit court is a trial court.
103 Section 3. Subsection (2) of section 28.241, Florida
104 Statutes, is amended to read:
105 28.241 Filing fees for trial and appellate proceedings.—
106 (2)(a) Upon the institution of any appellate proceeding
107 from any lower court to the circuit court of any such county,
108 including appeals filed by a county or municipality as provided
109 in s. 34.041(5), or from the circuit court to an appellate court
110 of the state, the clerk shall charge and collect from the party
111 or parties instituting such appellate proceedings:
112 1. A filing fee not to exceed $280 for filing a notice of
113 appeal from the county court to the circuit court for a claim of
114 $15,000 or less.
115 2. A filing fee not to exceed $400 for filing a notice of
116 appeal from the county court to the circuit court for a claim of
117 more than $15,000. The clerk shall remit $250 of each filing fee
118 collected under this subparagraph to the Department of Revenue
119 for deposit into the General Revenue Fund, and the clerk shall
120 remit $50 of each such filing fee to the Department of Revenue
121 for deposit into the State Courts Revenue Trust Fund to fund
122 court operations as authorized in the General Appropriations
123 Act. The clerk shall retain an account of each such remittance.
124 3. and, In addition to the filing fee required under s.
125 25.241 or s. 35.22, $100 for filing a notice of appeal from the
126 circuit court to the district court of appeal or to the Supreme
127 Court.
128 (b) If the party is determined to be indigent, the clerk
129 shall defer payment of the fee required by this subsection.
130 Section 4. Subsection (1) of section 29.008, Florida
131 Statutes, is amended to read:
132 29.008 County funding of court-related functions.—
133 (1) Counties are required by s. 14, Art. V of the State
134 Constitution to fund the cost of communications services,
135 existing radio systems, existing multiagency criminal justice
136 information systems, and the cost of construction or lease,
137 maintenance, utilities, and security of facilities for the
138 circuit and county courts, public defenders’ offices, state
139 attorneys’ offices, guardian ad litem offices, and the offices
140 of the clerks of the circuit and county courts performing court
141 related functions. For purposes of this section, the term
142 “circuit and county courts” includes the offices and staffing of
143 the guardian ad litem programs, and the term “public defenders’
144 offices” includes the offices of criminal conflict and civil
145 regional counsel. The county designated under s. 35.05(1) as the
146 headquarters for each appellate district shall fund these costs
147 for the appellate division of the public defender’s office in
148 that county. For purposes of implementing these requirements,
149 the term:
150 (a) “Facility” means reasonable and necessary buildings and
151 office space and appurtenant equipment and furnishings,
152 structures, real estate, easements, and related interests in
153 real estate, including, but not limited to, those for the
154 purpose of housing legal materials for use by the general public
155 and personnel, equipment, or functions of the circuit or county
156 courts, public defenders’ offices, state attorneys’ offices, and
157 court-related functions of the office of the clerks of the
158 circuit and county courts and all storage. The term “facility”
159 includes all wiring necessary for court reporting services. The
160 term also includes access to parking for such facilities in
161 connection with such court-related functions that may be
162 available free or from a private provider or a local government
163 for a fee. The office space provided by a county may not be less
164 than the standards for space allotment adopted by the Department
165 of Management Services, except this requirement applies only to
166 facilities that are leased, or on which construction commences,
167 after June 30, 2003. County funding must include physical
168 modifications and improvements to all facilities as are required
169 for compliance with the Americans with Disabilities Act. Upon
170 mutual agreement of a county and the affected entity in this
171 paragraph, the office space provided by the county may vary from
172 the standards for space allotment adopted by the Department of
173 Management Services.
174 1. As of July 1, 2005, equipment and furnishings shall be
175 limited to that appropriate and customary for courtrooms,
176 hearing rooms, jury facilities, and other public areas in
177 courthouses and any other facility occupied by the courts, state
178 attorneys, public defenders, guardians ad litem, and criminal
179 conflict and civil regional counsel. Court reporting equipment
180 in these areas or facilities is not a responsibility of the
181 county.
182 2. Equipment and furnishings under this paragraph in
183 existence and owned by counties on July 1, 2005, except for that
184 in the possession of the clerks, for areas other than
185 courtrooms, hearing rooms, jury facilities, and other public
186 areas in courthouses and any other facility occupied by the
187 courts, state attorneys, and public defenders, shall be
188 transferred to the state at no charge. This provision does not
189 apply to any communications services as defined in paragraph
190 (f).
191 (b) “Construction or lease” includes, but is not limited
192 to, all reasonable and necessary costs of the acquisition or
193 lease of facilities for all judicial officers, staff, jurors,
194 volunteers of a tenant agency, and the public for the circuit
195 and county courts, the public defenders’ offices, state
196 attorneys’ offices, and for performing the court-related
197 functions of the offices of the clerks of the circuit and county
198 courts. This includes expenses related to financing such
199 facilities and the existing and future cost and bonded
200 indebtedness associated with placing the facilities in use.
201 (c) “Maintenance” includes, but is not limited to, all
202 reasonable and necessary costs of custodial and groundskeeping
203 services and renovation and reconstruction as needed to
204 accommodate functions for the circuit and county courts, the
205 public defenders’ offices, and state attorneys’ offices and for
206 performing the court-related functions of the offices of the
207 clerks of the circuit and county court and for maintaining the
208 facilities in a condition appropriate and safe for the use
209 intended.
210 (d) “Utilities” means all electricity services for light,
211 heat, and power; natural or manufactured gas services for light,
212 heat, and power; water and wastewater services and systems,
213 stormwater or runoff services and systems, sewer services and
214 systems, all costs or fees associated with these services and
215 systems, and any costs or fees associated with the mitigation of
216 environmental impacts directly related to the facility.
217 (e) “Security” includes but is not limited to, all
218 reasonable and necessary costs of services of law enforcement
219 officers or licensed security guards and all electronic,
220 cellular, or digital monitoring and screening devices necessary
221 to ensure the safety and security of all persons visiting or
222 working in a facility; to provide for security of the facility,
223 including protection of property owned by the county or the
224 state; and for security of prisoners brought to any facility.
225 This includes bailiffs while providing courtroom and other
226 security for each judge and other quasi-judicial officers.
227 (f) “Communications services” are defined as any reasonable
228 and necessary transmission, emission, and reception of signs,
229 signals, writings, images, and sounds of intelligence of any
230 nature by wire, radio, optical, audio equipment, or other
231 electromagnetic systems and includes all facilities and
232 equipment owned, leased, or used by judges, clerks, public
233 defenders, state attorneys, guardians ad litem, criminal
234 conflict and civil regional counsel, and all staff of the state
235 courts system, state attorneys’ offices, public defenders’
236 offices, and clerks of the circuit and county courts performing
237 court-related functions. Such system or services shall include,
238 but not be limited to:
239 1. Telephone system infrastructure, including computer
240 lines, telephone switching equipment, and maintenance, and
241 facsimile equipment, wireless communications, cellular
242 telephones, pagers, and video teleconferencing equipment and
243 line charges. Each county shall continue to provide access to a
244 local carrier for local and long distance service and shall pay
245 toll charges for local and long distance service.
246 2. All computer networks, systems and equipment, including
247 computer hardware and software, modems, printers, wiring,
248 network connections, maintenance, support staff or services
249 including any county-funded support staff located in the offices
250 of the circuit court, county courts, state attorneys, public
251 defenders, guardians ad litem, and criminal conflict and civil
252 regional counsel; training, supplies, and line charges necessary
253 for an integrated computer system to support the operations and
254 management of the state courts system, the offices of the public
255 defenders, the offices of the state attorneys, the guardian ad
256 litem offices, the offices of criminal conflict and civil
257 regional counsel, and the offices of the clerks of the circuit
258 and county courts; and the capability to connect those entities
259 and reporting data to the state as required for the transmission
260 of revenue, performance accountability, case management, data
261 collection, budgeting, and auditing purposes. The integrated
262 computer system shall be operational by July 1, 2006, and, at a
263 minimum, permit the exchange of financial, performance
264 accountability, case management, case disposition, and other
265 data across multiple state and county information systems
266 involving multiple users at both the state level and within each
267 judicial circuit and be able to electronically exchange judicial
268 case background data, sentencing scoresheets, and video evidence
269 information stored in integrated case management systems over
270 secure networks. Once the integrated system becomes operational,
271 counties may reject requests to purchase communications services
272 included in this subparagraph not in compliance with standards,
273 protocols, or processes adopted by the board established
274 pursuant to former s. 29.0086.
275 3. Courier messenger and subpoena services.
276 4. Auxiliary aids and services for qualified individuals
277 with a disability which are necessary to ensure access to the
278 courts. Such auxiliary aids and services include, but are not
279 limited to, sign language interpretation services required under
280 the federal Americans with Disabilities Act other than services
281 required to satisfy due-process requirements and identified as a
282 state funding responsibility pursuant to ss. 29.004, 29.005,
283 29.006, and 29.007, real-time transcription services for
284 individuals who are hearing impaired, and assistive listening
285 devices and the equipment necessary to implement such
286 accommodations.
287 (g) “Existing radio systems” includes, but is not limited
288 to, law enforcement radio systems that are used by the circuit
289 and county courts, the offices of the public defenders, the
290 offices of the state attorneys, and for court-related functions
291 of the offices of the clerks of the circuit and county courts.
292 This includes radio systems that were operational or under
293 contract at the time Revision No. 7, 1998, to Art. V of the
294 State Constitution was adopted and any enhancements made
295 thereafter, the maintenance of those systems, and the personnel
296 and supplies necessary for operation.
297 (h) “Existing multiagency criminal justice information
298 systems” includes, but is not limited to, those components of
299 the multiagency criminal justice information system as defined
300 in s. 943.045, supporting the offices of the circuit or county
301 courts, the public defenders’ offices, the state attorneys’
302 offices, or those portions of the offices of the clerks of the
303 circuit and county courts performing court-related functions
304 that are used to carry out the court-related activities of those
305 entities. This includes upgrades and maintenance of the current
306 equipment, maintenance and upgrades of supporting technology
307 infrastructure and associated staff, and services and expenses
308 to assure continued information sharing and reporting of
309 information to the state. The counties shall also provide
310 additional information technology services, hardware, and
311 software as needed for new judges and staff of the state courts
312 system, state attorneys’ offices, public defenders’ offices,
313 guardian ad litem offices, and the offices of the clerks of the
314 circuit and county courts performing court-related functions.
315
316 This subsection applies only to matters relating to court
317 funding and may not be construed to enhance, limit, or define
318 the authority of any court.
319 Section 5. Subsection (4) is added to section 30.15,
320 Florida Statutes, to read:
321 30.15 Powers, duties, and obligations.—
322 (4)(a) In accordance with each county’s obligation under s.
323 14, Art. V of the State Constitution and s. 29.008 to fund
324 security for the trial court facilities, each county sheriff
325 shall coordinate with the board of county commissioners and the
326 chief judge of the circuit where the county is located on the
327 development of a comprehensive plan for the provision of
328 security for trial court facilities. Each sheriff shall retain
329 authority over the operational control and provision of law
330 enforcement services associated with the plan. The chief judge
331 of the circuit shall retain decisionmaking authority to ensure
332 the protection of due process rights, including, but not limited
333 to, the scheduling and conduct of trial and other judicial
334 proceedings, as part of his or her responsibility for the
335 administrative supervision of trial courts under s. 43.26.
336 (b) Sheriffs and their deputies, employees, and contractors
337 are officers of the court when providing security for trial
338 court facilities under this subsection.
339 Section 6. Section 34.01, Florida Statutes, is amended to
340 read:
341 34.01 Jurisdiction of county court.—
342 (1) County courts shall have original jurisdiction:
343 (a) In all misdemeanor cases not cognizable by the circuit
344 courts.;
345 (b) Of all violations of municipal and county ordinances.;
346 (c)1. Of all actions at law filed on or before December 31,
347 2019, in which the matter in controversy does not exceed the sum
348 of $15,000, exclusive of interest, costs, and attorney
349 attorney’s fees, except those within the exclusive jurisdiction
350 of the circuit courts.; and
351 2. Of all actions at law filed on or after January 1, 2020,
352 in which the matter in controversy does not exceed the sum of
353 $25,000, exclusive of interest, costs, and attorney fees, except
354 those within the exclusive jurisdiction of the circuit courts.
355 This limit must be adjusted every 5 years after January 1, 2020,
356 to reflect the rate of inflation or deflation as indicated in
357 the Consumer Price Index for All Urban Consumers, U.S. City
358 Average, All Items, or successor reports as reported by the
359 United States Department of Labor, Bureau of Labor Statistics,
360 or its successor. Such adjustments must be rounded to the
361 nearest $5,000.
362
363 By December 1, 2018, the State Courts Administrator shall make
364 recommendations regarding the potential adjustment of county
365 court jurisdiction to the Governor, the President of the Senate,
366 and the Speaker of the House of Representatives. The
367 recommendation must include an analysis on workflow, timely
368 access to court by litigants, and any resulting fiscal impact to
369 the state as a result of adjusted jurisdictional limits.
370 (d) Of disputes occurring in the homeowners’ associations
371 as described in s. 720.311(2)(a), which shall be concurrent with
372 jurisdiction of the circuit courts.
373
374 The party instituting an action at law under subparagraph (c)2.
375 in which the amount in controversy exceeds $15,000 shall pay the
376 filing fees and service charges in the same amounts and in the
377 same manner as provided in s. 28.241, and the party appealing
378 any judgment on such action shall pay the filing fees and
379 service charges in the same amounts and in the same manner as
380 provided in s. 35.22. The clerk of court shall remit the fees as
381 provided in those sections.
382 (2) The county courts shall have jurisdiction previously
383 exercised by county judges’ courts other than that vested in the
384 circuit court by s. 26.012, except that county court judges may
385 hear matters involving dissolution of marriage under the
386 simplified dissolution procedure pursuant to the Florida Family
387 Law Rules of Procedure or may issue a final order for
388 dissolution in cases where the matter is uncontested, and the
389 jurisdiction previously exercised by county courts, the claims
390 court, small claims courts, small claims magistrates courts,
391 magistrates courts, justice of the peace courts, municipal
392 courts, and courts of chartered counties, including but not
393 limited to the counties referred to in ss. 9, 10, 11, and 24,
394 Art. VIII of the State Constitution of 1885, as preserved by s.
395 (6)(e), Art. VIII of the State Constitution of 1968.
396 (3) Judges of county courts shall also be committing trial
397 court judges. Judges of county courts shall be coroners unless
398 otherwise provided by law or by rule of the Supreme Court.
399 (4) Judges of county courts may hear all matters in equity
400 involved in any case within the jurisdictional amount of the
401 county court, except as otherwise restricted by the State
402 Constitution or the laws of Florida.
403 (5) A county court is a trial court.
404 Section 7. Paragraphs (a) and (b) of subsection (1) of
405 section 34.041, Florida Statutes, are amended, and paragraph (e)
406 is added to that subsection, to read:
407 34.041 Filing fees.—
408 (1)(a) Filing fees are due at the time a party files a
409 pleading to initiate a proceeding or files a pleading for
410 relief. Reopen fees are due at the time a party files a pleading
411 to reopen a proceeding if at least 90 days have elapsed since
412 the filing of a final order or final judgment with the clerk. If
413 a fee is not paid upon the filing of the pleading as required
414 under this section, the clerk shall pursue collection of the fee
415 pursuant to s. 28.246. Upon the institution of any civil action,
416 suit, or proceeding in county court, the party shall pay the
417 following filing fee, not to exceed:
418 1. For all claims less than $100.....................$50.
419 2. For all claims of $100 or more but not more than
420 $500........................................................$75.
421 3. For all claims of more than $500 but not more than
422 $2,500.....................................................$170.
423 4. For all claims of more than $2,500 but not more than
424 $15,000....................................................$295.
425 5. For all claims of more than $15,000..............$395.
426 6. In addition, for all proceedings of garnishment,
427 attachment, replevin, and distress..........................$85.
428 7.6. Notwithstanding subparagraphs 3. and 6. 5., for all
429 claims of not more than $1,000 filed simultaneously with an
430 action for replevin of property that is the subject of the
431 claim......................................................$125.
432 8.7. For removal of tenant action $180.
433
434 The filing fee in subparagraph 7.6. is the total fee due under
435 this paragraph for that type of filing, and no other filing fee
436 under this paragraph may be assessed against such a filing.
437 (b) The first $15 of the filing fee collected under
438 subparagraph (a)4. and the first $10 of the filing fee collected
439 under subparagraph (a)8. subparagraph (a)7. shall be deposited
440 in the State Courts Revenue Trust Fund. By the 10th day of each
441 month, the clerk shall submit that portion of the fees collected
442 in the previous month which is in excess of one-twelfth of the
443 clerk’s total budget for the performance of court-related
444 functions to the Department of Revenue for deposit into the
445 Clerks of the Court Trust Fund. An additional filing fee of $4
446 shall be paid to the clerk. The clerk shall transfer $3.50 to
447 the Department of Revenue for deposit into the Court Education
448 Trust Fund and shall transfer 50 cents to the Department of
449 Revenue for deposit into the Administrative Trust Fund within
450 the Department of Financial Services to fund clerk education
451 provided by the Florida Clerks of Court Operations Corporation.
452 Postal charges incurred by the clerk of the county court in
453 making service by mail on defendants or other parties shall be
454 paid by the party at whose instance service is made. Except as
455 provided in this section, filing fees and service charges for
456 performing duties of the clerk relating to the county court
457 shall be as provided in ss. 28.24 and 28.241. Except as
458 otherwise provided in this section, all filing fees shall be
459 retained as fee income of the office of the clerk of the circuit
460 court. Filing fees imposed by this section may not be added to
461 any penalty imposed by chapter 316 or chapter 318.
462 (e) Of the first $200 in filing fees payable under
463 subparagraph (a)5., $195 must be remitted to the Department of
464 Revenue for deposit into the State Courts Revenue Trust Fund, $4
465 must be remitted to the Department of Revenue for deposit into
466 the Administrative Trust Fund within the Department of Financial
467 Services and used to fund the contract with the Florida Clerks
468 of Court Operations Corporation created in s. 28.35, and $1 must
469 be remitted to the Department of Revenue for deposit into the
470 Administrative Trust Fund within the Department of Financial
471 Services to fund audits of individual clerks’ court-related
472 expenditures conducted by the Department of Financial Services.
473 By the 10th day of each month, the clerk shall submit that
474 portion of the filing fees collected pursuant to this subsection
475 in the previous month which is in excess of one-twelfth of the
476 clerk’s total budget to the Department of Revenue for deposit
477 into the Clerks of the Court Trust Fund.
478 Section 8. Subsection (1) of section 44.108, Florida
479 Statutes, is amended to read:
480 44.108 Funding of mediation and arbitration.—
481 (1) Mediation and arbitration should be accessible to all
482 parties regardless of financial status. A filing fee of $1 is
483 levied on all proceedings in the circuit or county courts to
484 fund mediation and arbitration services which are the
485 responsibility of the Supreme Court pursuant to the provisions
486 of s. 44.106. However, the filing fee shall not be levied upon
487 an appeal from the county court to the circuit court for a claim
488 of more than $15,000. The clerk of the court shall forward the
489 moneys collected to the Department of Revenue for deposit in the
490 State Courts Revenue Trust Fund.
491 Section 9. Effective upon this act becoming a law,
492 subsection (3) of section 105.031, Florida Statutes, is amended
493 to read:
494 105.031 Qualification; filing fee; candidate’s oath; items
495 required to be filed.—
496 (3) QUALIFYING FEE.—
497 (a) Each candidate qualifying for election to a judicial
498 office or the office of school board member, except write-in
499 judicial or school board candidates, shall, during the time for
500 qualifying, pay to the officer with whom he or she qualifies a
501 qualifying fee, which shall consist of a filing fee and an
502 election assessment, or qualify by the petition process. The
503 amount of the filing fee is 3 percent of the annual salary of
504 the office sought. The amount of the election assessment is 1
505 percent of the annual salary of the office sought. Except as
506 provided in paragraph (b), the Department of State shall
507 transfer all filing fees to the Department of Legal Affairs for
508 deposit in the Elections Commission Trust Fund and. the
509 supervisor of elections shall forward all filing fees to the
510 Elections Commission Trust Fund. The election assessment shall
511 be deposited into the Elections Commission Trust Fund. The
512 annual salary of the office for purposes of computing the
513 qualifying fee shall be computed by multiplying 12 times the
514 monthly salary authorized for such office as of July 1
515 immediately preceding the first day of qualifying. This
516 paragraph subsection does not apply to candidates qualifying for
517 retention to judicial office.
518 (b) Not later than 20 days after the close of qualifying,
519 the Department of State or the supervisor of elections, as
520 appropriate, shall refund the full amount of the qualifying fee
521 to a candidate for the office of circuit court judge or county
522 court judge who is unopposed at the time the qualifying period
523 closes.
524 Section 10. Except as otherwise expressly provided in this
525 act and except for this section, which shall take effect upon
526 becoming a law, this act shall take effect July 1, 2018.
527
528 ================= T I T L E A M E N D M E N T ================
529 And the title is amended as follows:
530 Delete everything before the enacting clause
531 and insert:
532 A bill to be entitled
533 An act relating to the judicial branch; creating s.
534 25.025, F.S.; authorizing certain Supreme Court
535 Justices to have an appropriate facility in their
536 district of residence designated as their official
537 headquarters; providing that an official headquarters
538 may serve only as a justice’s private chambers;
539 providing that such justices are eligible for a
540 certain subsistence allowance and reimbursement for
541 certain transportation expenses; requiring that such
542 allowance and reimbursement be made to the extent
543 appropriated funds are available, as determined by the
544 Chief Justice; requiring the Chief Justice to
545 coordinate with certain persons in implementing
546 designations of official headquarters; providing that
547 a county is not required to provide space for a
548 justice in a county courthouse; authorizing counties
549 to enter into agreements with the Supreme Court for
550 the use of county courthouse space; prohibiting the
551 Supreme Court from using state funds to lease space in
552 a facility to allow a justice to establish an official
553 headquarters; amending s. 26.012, F.S.; revising the
554 appellate jurisdiction of the circuit court;
555 specifying the maximum monetary threshold for appeals
556 from the county court to the circuit court; amending
557 s. 28.241, F.S.; imposing filing fees for appeals from
558 county courts to the circuit courts based on the
559 amount of the claim; requiring the clerk to remit
560 specified amounts of certain fees to the Department of
561 Revenue for deposit into the General Revenue Fund and
562 the State Courts Revenue Trust Fund; requiring the
563 clerk to retain an account of each such remittance;
564 amending s. 29.008, F.S.; providing applicability and
565 construction; amending s. 30.15, F.S.; requiring
566 county sheriffs to coordinate with the board of county
567 commissioners and the chief judge of the circuit in
568 developing a plan for providing trial court facility
569 security; providing that such sheriffs retain certain
570 authority relating to such plan; providing that such
571 chief judge retains certain decisionmaking authority;
572 specifying that sheriffs and their deputies,
573 employees, and contractors are officers of the court
574 when providing security for trial court facilities;
575 amending s. 34.01, F.S.; increasing the limit of the
576 amount in controversy in certain actions at law under
577 which the county court has original jurisdiction;
578 providing for adjustments to the limit at specified
579 intervals due to inflation or deflation; requiring the
580 State Courts Administrator to make certain
581 recommendations to the Governor and Legislature by a
582 specified date; specifying filing fees, services
583 charges, and a requirement for the clerk of court’s
584 remittal of such fees in actions in which the amount
585 in controversy exceeds a specified amount; amending s.
586 34.041, F.S.; providing county court civil filing fees
587 for claims of a specified value; providing for
588 distribution of said fees; amending s. 44.108, F.S.;
589 providing that a certain mediation fee is not
590 applicable to certain appeals; amending s. 105.031,
591 F.S.; requiring the appropriate qualifying officer to
592 refund the qualifying fee to an unopposed candidate
593 for the office of circuit court judge or county court
594 judge by a specified date; providing effective dates.