Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. PCS (552754) for CS for SB 1392 Ì158828RÎ158828 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete line 145 4 and insert: 5 Section 3. Effective January 1, 2021, section 26.012, 6 Florida Statutes, is amended to read: 7 26.012 Jurisdiction of circuit court.— 8 (1)
Circuit courts shall have jurisdiction of appeals from9 county courts except:10 (a) Appeals of county court orders or judgments where the11 amount in controversy is greater than $15,000. This paragraph is12 repealed on January 1, 2023.13 (b) Appeals of county court orders or judgments declaring14 invalid a state statute or a provision of the State15 Constitution.16 (c) Orders or judgments of a county court which are17 certified by the county court to the district court of appeal to18 be of great public importance and which are accepted by the19 district court of appeal for review.Circuit courts shall have 20 jurisdiction of appeals from final administrative orders of 21 local government code enforcement boards and of reviews and 22 appeals as otherwise expressly provided by law. 23 (2) Circuit courts Theyshall have exclusive original 24 jurisdiction: 25 (a) In all actions at law not cognizable by the county 26 courts; 27 (b) Of proceedings relating to the settlement of the 28 estates of decedents and minors, the granting of letters 29 testamentary, guardianship, involuntary hospitalization, the 30 determination of incompetency, and other jurisdiction usually 31 pertaining to courts of probate; 32 (c) In all cases in equity including all cases relating to 33 juveniles except traffic offenses as provided in chapters 316 34 and 985; 35 (d) Of all felonies and of all misdemeanors arising out of 36 the same circumstances as a felony which is also charged; 37 (e) In all cases involving legality of any tax assessment 38 or toll or denial of refund, except as provided in s. 72.011; 39 (f) In actions of ejectment; and 40 (g) In all actions involving the title and boundaries of 41 real property. 42 (3) The circuit court may issue injunctions. 43 (4) The chief judge of a circuit may authorize a county 44 court judge to order emergency hospitalizations pursuant to part 45 I of chapter 394 in the absence from the county of the circuit 46 judge; and the county court judge shall have the power to issue 47 all temporary orders and temporary injunctions necessary or 48 proper to the complete exercise of such jurisdiction. 49 (5) A circuit court is a trial court. 50 Section 4. Effective January 1, 2021, subsection (4) of 51 section 27.51, Florida Statutes, is amended to read: 52 27.51 Duties of public defender.— 53 (4) The public defender for the judicial circuit specified 54 in this subsection shall, after the record on appeal is 55 transmitted to the appellate court by the office of the public 56 defender which handled the trial and if requested by any public 57 defender within the indicated appellate district, handle all 58 circuit court and county court appeals within the state courts 59 system and any authorized appeals to the federal courts required 60 of the official making such request: 61 (a) Public defender of the second judicial circuit, on 62 behalf of any public defender within the district comprising the 63 First District Court of Appeal. 64 (b) Public defender of the tenth judicial circuit, on 65 behalf of any public defender within the district comprising the 66 Second District Court of Appeal. 67 (c) Public defender of the eleventh judicial circuit, on 68 behalf of any public defender within the district comprising the 69 Third District Court of Appeal. 70 (d) Public defender of the fifteenth judicial circuit, on 71 behalf of any public defender within the district comprising the 72 Fourth District Court of Appeal. 73 (e) Public defender of the seventh judicial circuit, on 74 behalf of any public defender within the district comprising the 75 Fifth District Court of Appeal. 76 Section 5. Effective January 1, 2021, subsection (8) of 77 section 27.511, Florida Statutes, is amended to read: 78 27.511 Offices of criminal conflict and civil regional 79 counsel; legislative intent; qualifications; appointment; 80 duties.— 81 (8) The public defender for the judicial circuit specified 82 in s. 27.51(4) shall, after the record on appeal is transmitted 83 to the appellate court by the office of criminal conflict and 84 civil regional counsel which handled the trial and if requested 85 by the regional counsel for the indicated appellate district, 86 handle all circuit court and county court appeals authorized 87 pursuant to paragraph (5)(f) within the state courts system and 88 any authorized appeals to the federal courts required of the 89 official making the request. If the public defender certifies to 90 the court that the public defender has a conflict consistent 91 with the criteria prescribed in s. 27.5303 and moves to 92 withdraw, the regional counsel shall handle the appeal, unless 93 the regional counsel has a conflict, in which case the court 94 shall appoint private counsel pursuant to s. 27.40. 95 Section 6. Effective January 1, 2021, section 34.017, 96 Florida Statutes, is amended to read: 97 34.017 Certification of questions to district court of 98 appeal.— 99 (1) A county court may is permitted tocertify a question 100 to the district court of appeal in a final judgment that is 101 appealable to the circuit court if the question may have 102 statewide application, and: 103 (a) Is of great public importance; or 104 (b) Will affect the uniform administration of justice. 105 (2) In the final judgment, the trial court shall: 106 (a) Make findings of fact and conclusions of law; and 107 (b) State concisely the question to be certified. 108 (3) The decision to certify the question to the district 109 court of appeal is within the sole discretion of the county 110 court. 111 (4) The district court of appeal has absolute discretion as 112 to whether to answer a question certified by the county court. 113 (a) If the district court agrees to answer the certified 114 question, it shall decide all appealable issues that have been 115 raised from the final judgment. 116 (b) If the district court declines to answer the certified 117 question, the case shall be transferred to the circuit court 118 which has appellate jurisdiction. 119 Section 7. Effective January 1, 2021, section 35.065, 120 Florida Statutes, is amended to read: 121 35.065 Review of judgment or order certified by county 122 court to be of great public importance.—Pursuant to s. 34.017, a 123 district court of appeal may review any order or judgment of a 124 county court which is certified by the county court to be of 125 great public importance. 126 Section 8. Effective January 1, 2021, section 924.08, 127 Florida Statutes, is repealed. 128 Section 9. Except as otherwise expressly provided in this 129 act, this act shall take effect July 1, 2020. 130 131 ================= T I T L E A M E N D M E N T ================ 132 And the title is amended as follows: 133 Delete lines 2 - 27 134 and insert: 135 An act relating to courts; amending s. 25.025, F.S.; 136 revising provisions governing the payment of 137 subsistence and travel reimbursement for Supreme Court 138 justices who designate an official headquarters other 139 than the headquarters of the Supreme Court; 140 authorizing the Chief Justice of the Supreme Court to 141 establish certain parameters in administering the act; 142 providing for construction; creating s. 35.051, F.S.; 143 authorizing district court of appeal judges who meet 144 certain criteria to have an appropriate facility in 145 their county of residence designated as their official 146 headquarters; providing restrictions; specifying 147 eligibility for subsistence and travel reimbursement, 148 subject to the availability of funds; requiring the 149 Chief Justice to coordinate with certain officials in 150 implementing the act; providing that a county is not 151 required to provide space for a judge in a county 152 courthouse; authorizing counties to enter into 153 agreements with a district court of appeal for use of 154 county courthouse space; prohibiting a district court 155 of appeal from using state funds to lease space to 156 establish a judge’s official headquarters; authorizing 157 the Chief Justice to establish certain parameters in 158 administering the act; providing for construction; 159 amending s. 26.012, F.S.; limiting the appellate 160 jurisdiction of the circuit courts to appeals from 161 final administrative orders of local code enforcement 162 boards and other reviews and appeals expressly 163 provided by law; amending ss. 27.51 and 27.511, F.S.; 164 revising the duties of the public defender and office 165 of criminal conflict and civil regional counsel, 166 respectively, regarding the handling of appeals to 167 conform to changes made by the act; amending s. 168 34.017, F.S.; authorizing a county court to certify a 169 question to a district court of appeal in a final 170 judgment that is appealable to a circuit court; 171 amending s. 35.065, F.S.; authorizing a district court 172 of appeal to review certain questions certified by a 173 county court; repealing s. 924.08, F.S., relating to 174 the jurisdiction of the circuit court to hear appeals 175 from final judgments in misdemeanor cases; providing 176 effective dates.