ENROLLED
       2020 Legislature                           CS for CS for SB 1392
       
       
       
       
       
       
                                                             20201392er
    1  
    2         An act relating to courts; amending s. 25.025, F.S.;
    3         revising provisions governing the payment of
    4         subsistence and travel reimbursement for Supreme Court
    5         justices who designate an official headquarters other
    6         than the headquarters of the Supreme Court;
    7         authorizing the Chief Justice of the Supreme Court to
    8         establish certain parameters in administering the act;
    9         providing construction; creating s. 35.051, F.S.;
   10         authorizing district court of appeal judges who meet
   11         certain criteria to have an appropriate facility in
   12         their county of residence designated as their official
   13         headquarters; providing restrictions; specifying
   14         eligibility for subsistence and travel reimbursement,
   15         subject to the availability of funds; requiring the
   16         Chief Justice to coordinate with certain officials in
   17         implementing the act; providing that a county is not
   18         required to provide space for a judge in a county
   19         courthouse; authorizing counties to enter into
   20         agreements with a district court of appeal for use of
   21         county courthouse space; prohibiting a district court
   22         of appeal from using state funds to lease space to
   23         establish a judge’s official headquarters; authorizing
   24         the Chief Justice to establish certain parameters in
   25         administering the act; providing for construction;
   26         amending s. 26.012, F.S.; limiting the appellate
   27         jurisdiction of the circuit courts to appeals from
   28         final administrative orders of local code enforcement
   29         boards and other reviews and appeals expressly
   30         provided by law; amending ss. 27.51 and 27.511, F.S.;
   31         revising the duties of the public defender and office
   32         of criminal conflict and civil regional counsel,
   33         respectively, regarding the handling of appeals to
   34         conform to changes made by the act; amending s.
   35         34.017, F.S.; authorizing a county court to certify a
   36         question to a district court of appeal in a final
   37         judgment that is appealable to a circuit court;
   38         amending s. 35.065, F.S.; authorizing a district court
   39         of appeal to review certain questions certified by a
   40         county court; repealing s. 924.08, F.S., relating to
   41         the jurisdiction of the circuit court to hear appeals
   42         from final judgments in misdemeanor cases; providing
   43         effective dates.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 25.025, Florida Statutes, is amended to
   48  read:
   49         25.025 Headquarters.—
   50         (1)(a) A Supreme Court justice who permanently resides
   51  outside Leon County is eligible for the designation of shall, if
   52  he or she so requests, have a district court of appeal
   53  courthouse, a county courthouse, or another appropriate facility
   54  in his or her district of residence designated as his or her
   55  official headquarters for purposes of pursuant to s. 112.061.
   56  This official headquarters may serve only as the justice’s
   57  private chambers.
   58         (b)1. A justice for whom an official headquarters is
   59  designated in his or her district of residence under this
   60  subsection is eligible for subsistence at a rate to be
   61  established by the Chief Justice for each day or partial day
   62  that the justice is at the headquarters of the Supreme Court to
   63  Building for the conduct court of the business, as authorized by
   64  the Chief Justice of the court. The Chief Justice may authorize
   65  a justice to choose between subsistence based on lodging at a
   66  single-occupancy rate and meal reimbursement as provided in s.
   67  112.061 and subsistence at a fixed rate prescribed by the Chief
   68  Justice.
   69         2. In addition to the subsistence allowance, a justice is
   70  eligible for reimbursement for travel transportation expenses as
   71  provided in s. 112.061(7) and (8) for travel between the
   72  justice’s official headquarters and the headquarters of the
   73  Supreme Court to Building for the conduct court of the business
   74  of the court.
   75         (c) Payment of subsistence and reimbursement for travel
   76  transportation expenses relating to travel between a justice’s
   77  official headquarters and the headquarters of the Supreme Court
   78  shall Building must be made to the extent that appropriated
   79  funds are available, as determined by the Chief Justice.
   80         (2) The Chief Justice shall coordinate with each affected
   81  justice and other state and local officials as necessary to
   82  implement subsection (1) paragraph (1)(a).
   83         (3)(a) This section does not require a county to provide
   84  space in a county courthouse for a justice. A county may enter
   85  into an agreement with the Supreme Court governing the use of
   86  space in a county courthouse.
   87         (b) The Supreme Court may not use state funds to lease
   88  space in a district court of appeal courthouse, county
   89  courthouse, or other facility to allow a justice to establish an
   90  official headquarters pursuant to subsection (1).
   91         (4) The Chief Justice may establish parameters governing
   92  the authority provided in this section, including, but not
   93  limited to, specifying minimum operational requirements for the
   94  designated headquarters, limiting the number of days for which
   95  subsistence and travel reimbursement may be provided, and
   96  prescribing activities that qualify as the conduct of court
   97  business.
   98         (5) If any term of this section conflicts with s. 112.061,
   99  this section shall control to the extent of the conflict.
  100         Section 2. Section 35.051, Florida Statutes, is created to
  101  read:
  102         35.051 Subsistence and travel reimbursement for judges with
  103  alternate headquarters.—
  104         (1)(a) A district court of appeal judge is eligible for the
  105  designation of a county courthouse or another appropriate
  106  facility in his or her county of residence as his or her
  107  official headquarters for purposes of s. 112.061 if the judge
  108  permanently resides more than 50 miles from:
  109         1. The appellate district’s headquarters as prescribed
  110  under s. 35.05(1), if the judge is assigned to such
  111  headquarters; or
  112         2. The appellate district’s branch headquarters established
  113  under s. 35.05(2), if the judge is assigned to such branch
  114  headquarters.
  115  
  116  The official headquarters may serve only as the judge’s private
  117  chambers.
  118         (b)1. A district court of appeal judge for whom an official
  119  headquarters is designated in his or her county of residence
  120  under this subsection is eligible for subsistence at a rate to
  121  be established by the Chief Justice for each day or partial day
  122  that the judge is at the headquarters or branch headquarters of
  123  his or her appellate district to conduct court business, as
  124  authorized by the chief judge of that district court of appeal.
  125  The Chief Justice may authorize a judge to choose between
  126  subsistence based on lodging at a single-occupancy rate and meal
  127  reimbursement as provided in s. 112.061 and subsistence at a
  128  fixed rate prescribed by the Chief Justice.
  129         2. In addition to subsistence, a district court of appeal
  130  judge is eligible for reimbursement for travel expenses as
  131  provided in s. 112.061(7) and (8) for travel between the judge’s
  132  official headquarters and the headquarters or branch
  133  headquarters of the appellate district to conduct court
  134  business.
  135         (c) Payment of subsistence and reimbursement for travel
  136  expenses between the judge’s official headquarters and the
  137  headquarters or branch headquarters of his or her appellate
  138  district shall be made to the extent that appropriated funds are
  139  available, as determined by the Chief Justice.
  140         (2) The Chief Justice shall coordinate with each affected
  141  district court of appeal judge and other state and local
  142  officials as necessary to implement subsection (1).
  143         (3)(a) This section does not require a county to provide
  144  space in a county courthouse for a district court of appeal
  145  judge. A county may enter into an agreement with a district
  146  court of appeal governing the use of space in a county
  147  courthouse.
  148         (b) A district court of appeal may not use state funds to
  149  lease space in a county courthouse or other facility to allow a
  150  district court of appeal judge to establish an official
  151  headquarters pursuant to subsection (1).
  152         (4) The Chief Justice may establish parameters governing
  153  the authority provided in this section, including, but not
  154  limited to, specifying minimum operational requirements for the
  155  designated headquarters, limiting the number of days for which
  156  subsistence and travel reimbursement may be provided, and
  157  prescribing activities that qualify as the conduct of court
  158  business.
  159         (5) If any term of this section conflicts with s. 112.061,
  160  this section shall control to the extent of the conflict.
  161         Section 3. Effective January 1, 2021, section 26.012,
  162  Florida Statutes, is amended to read:
  163         26.012 Jurisdiction of circuit court.—
  164         (1) Circuit courts shall have jurisdiction of appeals from
  165  county courts except:
  166         (a) Appeals of county court orders or judgments where the
  167  amount in controversy is greater than $15,000. This paragraph is
  168  repealed on January 1, 2023.
  169         (b) Appeals of county court orders or judgments declaring
  170  invalid a state statute or a provision of the State
  171  Constitution.
  172         (c) Orders or judgments of a county court which are
  173  certified by the county court to the district court of appeal to
  174  be of great public importance and which are accepted by the
  175  district court of appeal for review. Circuit courts shall have
  176  jurisdiction of appeals from final administrative orders of
  177  local government code enforcement boards and of reviews and
  178  appeals as otherwise expressly provided by law.
  179         (2) Circuit courts They shall have exclusive original
  180  jurisdiction:
  181         (a) In all actions at law not cognizable by the county
  182  courts;
  183         (b) Of proceedings relating to the settlement of the
  184  estates of decedents and minors, the granting of letters
  185  testamentary, guardianship, involuntary hospitalization, the
  186  determination of incompetency, and other jurisdiction usually
  187  pertaining to courts of probate;
  188         (c) In all cases in equity including all cases relating to
  189  juveniles except traffic offenses as provided in chapters 316
  190  and 985;
  191         (d) Of all felonies and of all misdemeanors arising out of
  192  the same circumstances as a felony which is also charged;
  193         (e) In all cases involving legality of any tax assessment
  194  or toll or denial of refund, except as provided in s. 72.011;
  195         (f) In actions of ejectment; and
  196         (g) In all actions involving the title and boundaries of
  197  real property.
  198         (3) The circuit court may issue injunctions.
  199         (4) The chief judge of a circuit may authorize a county
  200  court judge to order emergency hospitalizations pursuant to part
  201  I of chapter 394 in the absence from the county of the circuit
  202  judge; and the county court judge shall have the power to issue
  203  all temporary orders and temporary injunctions necessary or
  204  proper to the complete exercise of such jurisdiction.
  205         (5) A circuit court is a trial court.
  206         Section 4. Effective January 1, 2021, subsection (4) of
  207  section 27.51, Florida Statutes, is amended to read:
  208         27.51 Duties of public defender.—
  209         (4) The public defender for the judicial circuit specified
  210  in this subsection shall, after the record on appeal is
  211  transmitted to the appellate court by the office of the public
  212  defender which handled the trial and if requested by any public
  213  defender within the indicated appellate district, handle all
  214  circuit court and county court appeals within the state courts
  215  system and any authorized appeals to the federal courts required
  216  of the official making such request:
  217         (a) Public defender of the second judicial circuit, on
  218  behalf of any public defender within the district comprising the
  219  First District Court of Appeal.
  220         (b) Public defender of the tenth judicial circuit, on
  221  behalf of any public defender within the district comprising the
  222  Second District Court of Appeal.
  223         (c) Public defender of the eleventh judicial circuit, on
  224  behalf of any public defender within the district comprising the
  225  Third District Court of Appeal.
  226         (d) Public defender of the fifteenth judicial circuit, on
  227  behalf of any public defender within the district comprising the
  228  Fourth District Court of Appeal.
  229         (e) Public defender of the seventh judicial circuit, on
  230  behalf of any public defender within the district comprising the
  231  Fifth District Court of Appeal.
  232         Section 5. Effective January 1, 2021, subsection (8) of
  233  section 27.511, Florida Statutes, is amended to read:
  234         27.511 Offices of criminal conflict and civil regional
  235  counsel; legislative intent; qualifications; appointment;
  236  duties.—
  237         (8) The public defender for the judicial circuit specified
  238  in s. 27.51(4) shall, after the record on appeal is transmitted
  239  to the appellate court by the office of criminal conflict and
  240  civil regional counsel which handled the trial and if requested
  241  by the regional counsel for the indicated appellate district,
  242  handle all circuit court and county court appeals authorized
  243  pursuant to paragraph (5)(f) within the state courts system and
  244  any authorized appeals to the federal courts required of the
  245  official making the request. If the public defender certifies to
  246  the court that the public defender has a conflict consistent
  247  with the criteria prescribed in s. 27.5303 and moves to
  248  withdraw, the regional counsel shall handle the appeal, unless
  249  the regional counsel has a conflict, in which case the court
  250  shall appoint private counsel pursuant to s. 27.40.
  251         Section 6. Effective January 1, 2021, section 34.017,
  252  Florida Statutes, is amended to read:
  253         34.017 Certification of questions to district court of
  254  appeal.—
  255         (1) A county court may is permitted to certify a question
  256  to the district court of appeal in a final judgment that is
  257  appealable to the circuit court if the question may have
  258  statewide application, and:
  259         (a) Is of great public importance; or
  260         (b) Will affect the uniform administration of justice.
  261         (2) In the final judgment, the trial court shall:
  262         (a) Make findings of fact and conclusions of law; and
  263         (b) State concisely the question to be certified.
  264         (3) The decision to certify the question to the district
  265  court of appeal is within the sole discretion of the county
  266  court.
  267         (4) The district court of appeal has absolute discretion as
  268  to whether to answer a question certified by the county court.
  269         (a) If the district court agrees to answer the certified
  270  question, it shall decide all appealable issues that have been
  271  raised from the final judgment.
  272         (b) If the district court declines to answer the certified
  273  question, the case shall be transferred to the circuit court
  274  which has appellate jurisdiction.
  275         Section 7. Effective January 1, 2021, section 35.065,
  276  Florida Statutes, is amended to read:
  277         35.065 Review of judgment or order certified by county
  278  court to be of great public importance.—Pursuant to s. 34.017, a
  279  district court of appeal may review any order or judgment of a
  280  county court which is certified by the county court to be of
  281  great public importance.
  282         Section 8. Effective January 1, 2021, section 924.08,
  283  Florida Statutes, is repealed.
  284         Section 9. Except as otherwise expressly provided in this
  285  act, this act shall take effect July 1, 2020.