Florida Senate - 2020              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1510
       
       
       
       
       
                               Ì836136,Î836136                          
       
       576-03906-20                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to the jurisdiction of courts;
    3         amending s. 26.012, F.S.; limiting the appellate
    4         jurisdiction of the circuit courts to appeals from
    5         final administrative orders of local code enforcement
    6         boards and other reviews and appeals expressly
    7         provided by law; amending ss. 27.51 and 27.511, F.S.;
    8         revising the duties of the public defender and office
    9         of criminal conflict and civil regional counsel,
   10         respectively, regarding the handling of appeals to
   11         conform to changes made by the act; amending s.
   12         34.017, F.S.; authorizing a county court to certify a
   13         question to a district court of appeal in a final
   14         judgment that is appealable to a circuit court;
   15         amending s. 35.065, F.S.; authorizing a district court
   16         of appeal to review certain questions certified by a
   17         county court; repealing s. 924.08, F.S., relating to
   18         the jurisdiction of the circuit court to hear appeals
   19         from final judgments in misdemeanor cases; providing
   20         an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 26.012, Florida Statutes, is amended to
   25  read:
   26         26.012 Jurisdiction of circuit court.—
   27         (1) Circuit courts shall have jurisdiction of appeals from
   28  county courts except:
   29         (a) Appeals of county court orders or judgments where the
   30  amount in controversy is greater than $15,000. This paragraph is
   31  repealed on January 1, 2023.
   32         (b) Appeals of county court orders or judgments declaring
   33  invalid a state statute or a provision of the State
   34  Constitution.
   35         (c) Orders or judgments of a county court which are
   36  certified by the county court to the district court of appeal to
   37  be of great public importance and which are accepted by the
   38  district court of appeal for review. Circuit courts shall have
   39  jurisdiction of appeals from final administrative orders of
   40  local government code enforcement boards and of reviews and
   41  appeals as otherwise expressly provided by law.
   42         (2) Circuit courts They shall have exclusive original
   43  jurisdiction:
   44         (a) In all actions at law not cognizable by the county
   45  courts;
   46         (b) Of proceedings relating to the settlement of the
   47  estates of decedents and minors, the granting of letters
   48  testamentary, guardianship, involuntary hospitalization, the
   49  determination of incompetency, and other jurisdiction usually
   50  pertaining to courts of probate;
   51         (c) In all cases in equity including all cases relating to
   52  juveniles except traffic offenses as provided in chapters 316
   53  and 985;
   54         (d) Of all felonies and of all misdemeanors arising out of
   55  the same circumstances as a felony which is also charged;
   56         (e) In all cases involving legality of any tax assessment
   57  or toll or denial of refund, except as provided in s. 72.011;
   58         (f) In actions of ejectment; and
   59         (g) In all actions involving the title and boundaries of
   60  real property.
   61         (3) The circuit court may issue injunctions.
   62         (4) The chief judge of a circuit may authorize a county
   63  court judge to order emergency hospitalizations pursuant to part
   64  I of chapter 394 in the absence from the county of the circuit
   65  judge; and the county court judge shall have the power to issue
   66  all temporary orders and temporary injunctions necessary or
   67  proper to the complete exercise of such jurisdiction.
   68         (5) A circuit court is a trial court.
   69         Section 2. Subsection (4) of section 27.51, Florida
   70  Statutes, is amended to read:
   71         27.51 Duties of public defender.—
   72         (4) The public defender for the judicial circuit specified
   73  in this subsection shall, after the record on appeal is
   74  transmitted to the appellate court by the office of the public
   75  defender which handled the trial and if requested by any public
   76  defender within the indicated appellate district, handle all
   77  circuit court and county court appeals within the state courts
   78  system and any authorized appeals to the federal courts required
   79  of the official making such request:
   80         (a) Public defender of the second judicial circuit, on
   81  behalf of any public defender within the district comprising the
   82  First District Court of Appeal.
   83         (b) Public defender of the tenth judicial circuit, on
   84  behalf of any public defender within the district comprising the
   85  Second District Court of Appeal.
   86         (c) Public defender of the eleventh judicial circuit, on
   87  behalf of any public defender within the district comprising the
   88  Third District Court of Appeal.
   89         (d) Public defender of the fifteenth judicial circuit, on
   90  behalf of any public defender within the district comprising the
   91  Fourth District Court of Appeal.
   92         (e) Public defender of the seventh judicial circuit, on
   93  behalf of any public defender within the district comprising the
   94  Fifth District Court of Appeal.
   95         Section 3. Subsection (8) of section 27.511, Florida
   96  Statutes, is amended to read:
   97         27.511 Offices of criminal conflict and civil regional
   98  counsel; legislative intent; qualifications; appointment;
   99  duties.—
  100         (8) The public defender for the judicial circuit specified
  101  in s. 27.51(4) shall, after the record on appeal is transmitted
  102  to the appellate court by the office of criminal conflict and
  103  civil regional counsel which handled the trial and if requested
  104  by the regional counsel for the indicated appellate district,
  105  handle all circuit court and county court appeals authorized
  106  pursuant to paragraph (5)(f) within the state courts system and
  107  any authorized appeals to the federal courts required of the
  108  official making the request. If the public defender certifies to
  109  the court that the public defender has a conflict consistent
  110  with the criteria prescribed in s. 27.5303 and moves to
  111  withdraw, the regional counsel shall handle the appeal, unless
  112  the regional counsel has a conflict, in which case the court
  113  shall appoint private counsel pursuant to s. 27.40.
  114         Section 4. Section 34.017, Florida Statutes, is amended to
  115  read:
  116         34.017 Certification of questions to district court of
  117  appeal.—
  118         (1) A county court may is permitted to certify a question
  119  to the district court of appeal in a final judgment that is
  120  appealable to the circuit court if the question may have
  121  statewide application, and:
  122         (a) Is of great public importance; or
  123         (b) Will affect the uniform administration of justice.
  124         (2) In the final judgment, the trial court shall:
  125         (a) Make findings of fact and conclusions of law; and
  126         (b) State concisely the question to be certified.
  127         (3) The decision to certify the question to the district
  128  court of appeal is within the sole discretion of the county
  129  court.
  130         (4) The district court of appeal has absolute discretion as
  131  to whether to answer a question certified by the county court.
  132         (a) If the district court agrees to answer the certified
  133  question, it shall decide all appealable issues that have been
  134  raised from the final judgment.
  135         (b) If the district court declines to answer the certified
  136  question, the case shall be transferred to the circuit court
  137  which has appellate jurisdiction.
  138         Section 5. Section 35.065, Florida Statutes, is amended to
  139  read:
  140         35.065 Review of judgment or order certified by county
  141  court to be of great public importance.—Pursuant to s. 34.017, a
  142  district court of appeal may review any order or judgment of a
  143  county court which is certified by the county court to be of
  144  great public importance.
  145         Section 6. Section 924.08, Florida Statutes, is repealed.
  146         Section 7. This act shall take effect January 1, 2021.