Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1510 Ì334674=Î334674 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/21/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 26.012, Florida Statutes, is amended to 6 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 This paragraph is12 repealed on January 1, 2023.13 (b) Appeals of county court orders or judgments declaring14 invalid a state statute or a provision of the State15 Constitution.16 (c)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.20 21 Circuit courts shall have jurisdiction of appeals from final 22 administrative orders of local government code enforcement 23 boards and of reviews and appeals as otherwise expressly 24 provided by law. 25 (2) They shall have exclusive original jurisdiction: 26 (a) In all actions at law not cognizable by the county 27 courts; 28 (b) Of proceedings relating to the settlement of the 29 estates of decedents and minors, the granting of letters 30 testamentary, guardianship, involuntary hospitalization, the 31 determination of incompetency, and other jurisdiction usually 32 pertaining to courts of probate; 33 (c) In all cases in equity including all cases relating to 34 juveniles except traffic offenses as provided in chapters 316 35 and 985; 36 (d) Of all felonies and of all misdemeanors arising out of 37 the same circumstances as a felony which is also charged; 38 (e) In all cases involving legality of any tax assessment 39 or toll or denial of refund, except as provided in s. 72.011; 40 (f) In actions of ejectment; and 41 (g) In all actions involving the title and boundaries of 42 real property. 43 (3) The circuit court may issue injunctions. 44 (4) The chief judge of a circuit may authorize a county 45 court judge to order emergency hospitalizations pursuant to part 46 I of chapter 394 in the absence from the county of the circuit 47 judge; and the county court judge shall have the power to issue 48 all temporary orders and temporary injunctions necessary or 49 proper to the complete exercise of such jurisdiction. 50 (5) A circuit court is a trial court. 51 Section 2. Section 34.017, Florida Statutes, is amended to 52 read 53 34.017 Certification of questions to district court of 54 appeal.— 55 (1) A county court may is permitted tocertify a question 56 to the district court of appeal in a final judgment that is 57 appealable to the circuit court if the question may have 58 statewide application, and: 59 (a) Is of great public importance; or 60 (b) Will affect the uniform administration of justice. 61 (2) In the final judgment, the trial court shall: 62 (a) Make findings of fact and conclusions of law; and 63 (b) State concisely the question to be certified. 64 (3) The decision to certify the question to the district 65 court of appeal is within the sole discretion of the county 66 court. 67 (4) The district court of appeal has absolute discretion as 68 to whether to answer a question certified by the county court. 69 (a) If the district court agrees to answer the certified 70 question, it shall decide all appealable issues that have been 71 raised from the final judgment. 72 (b) If the district court declines to answer the certified 73 question, the case shall be transferred to the circuit court 74 which has appellate jurisdiction. 75 Section 3. Section 35.065, Florida Statutes, is amended to 76 read 77 35.065 Review of judgment or order certified by county 78 court to be of great public importance.—Pursuant to s. 34.017, a 79 district court of appeal may review any order or judgment of a 80 county court which is certified by the county court to be of 81 great public importance. 82 Section 4. Section 924.08, Florida Statutes, is repealed. 83 Section 5. This act shall take effect January 1, 2021. 84 85 ================= T I T L E A M E N D M E N T ================ 86 And the title is amended as follows: 87 Delete everything before the enacting clause 88 and insert: 89 A bill to be entitled 90 An act relating to jurisdiction of the courts; 91 amending s. 26.012, F.S.; limiting the appellate 92 jurisdiction of the circuit courts to appeals from 93 final administrative orders of local code enforcement 94 boards; amending s. 34.017, F.S.; authorizing a county 95 court to certify a question to a district court of 96 appeal in a final judgment that is appealable to a 97 circuit court; amending s. 35.065, F.S.; authorizing a 98 district court of appeal to review certain questions 99 certified by a county court; repealing s. 924.08, 100 F.S.; relating to the jurisdiction of circuit court to 101 hear appeals from final judgments in misdemeanor 102 cases; providing an effective date.