Florida Senate - 2020                                    SB 1510
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01569A-20                                          20201510__
    1                        A bill to be entitled                      
    2         An act relating to jurisdiction of courts; amending s.
    3         26.012, F.S.; revising the jurisdiction of circuit
    4         courts; amending s. 26.57, F.S.; revising the
    5         authority of county court judges temporarily
    6         designated to preside over circuit court cases;
    7         amending s. 28.241, F.S.; removing authorization for
    8         filing fees for certain appellate proceedings;
    9         repealing s. 34.017, F.S., relating to certification
   10         of questions to district courts of appeal; amending s.
   11         34.041, F.S.; conforming a provision to changes made
   12         by the act; repealing s. 35.065, F.S., relating to the
   13         review of a judgment or an order certified by a county
   14         court to be of great public importance; amending s.
   15         162.11, F.S.; transferring jurisdiction for appeals of
   16         final administrative orders of local government code
   17         enforcement boards from the circuit court to the
   18         district court of appeal; amending s. 171.081, F.S.;
   19         transferring jurisdiction for petitions on annexation
   20         or contraction of local government boundaries from the
   21         circuit court to the district court of appeal;
   22         amending s. 163.3215, F.S.; transferring jurisdiction
   23         for appeals on development orders from the circuit
   24         court to the district court of appeal; amending s.
   25         189.041, F.S.; transferring jurisdiction of challenges
   26         of urban area maps adopted by special districts from
   27         the circuit court to the district court of appeal;
   28         amending s. 190.046, F.S.; transferring jurisdiction
   29         of petitions seeking review of transfer plan
   30         ordinances adopted by a community development district
   31         from the circuit court to the district court of
   32         appeal; amending s. 255.20, F.S.; transferring
   33         jurisdiction of appeals regarding local bids and
   34         contracts for public construction works from the
   35         circuit court to the district court of appeal;
   36         amending s. 318.16, F.S.; transferring jurisdiction
   37         for appeals of traffic infractions from the circuit
   38         court to the district court of appeal; amending s.
   39         318.33, F.S.; modifying provisions regarding the
   40         appeal of traffic infractions to conform to changes
   41         made by the act; amending s. 320.781, F.S.;
   42         transferring jurisdiction of appeals of determinations
   43         of the Department of Highway Safety and Motor Vehicles
   44         on certain claims against mobile home or recreational
   45         vehicle dealers or brokers from the circuit court to
   46         the district court of appeal; amending s. 321.051,
   47         F.S.; transferring jurisdiction of appeals of final
   48         orders of the Department of Highway Safety and Motor
   49         Vehicles regarding the Florida Highway Patrol wrecker
   50         operator system from the circuit court to the district
   51         court of appeal; amending s. 322.272, F.S.; modifying
   52         provisions regarding the filing of petitions for
   53         certiorari to conform to changes made by the act;
   54         amending s. 322.31, F.S.; transferring jurisdiction of
   55         the review of Department of Highway Safety and Motor
   56         Vehicles final orders and rulings from the circuit
   57         court to the district court of appeal; amending s.
   58         322.64, F.S.; conforming a provision to changes made
   59         by the act; amending s. 327.73, F.S.; transferring
   60         jurisdiction of appeals of a hearing official’s
   61         finding regarding a noncriminal infraction regarding a
   62         vessel from the circuit court to the district court of
   63         appeal; amending s. 333.11, F.S.; transferring
   64         jurisdiction of judicial review of airport zoning
   65         regulations from the circuit court to the district
   66         court of appeal; amending s. 336.41, F.S.;
   67         transferring jurisdiction of appeals of competitive
   68         bidding determinations made by counties from the
   69         circuit court to the district court of appeal;
   70         amending s. 337.14, F.S.; transferring jurisdiction of
   71         appeals of competitive bidding determinations made by
   72         the Department of Transportation from the circuit
   73         court to the district court of appeal; amending s.
   74         337.404, F.S.; transferring jurisdiction of judicial
   75         review of the removal or relocation of utility
   76         facilities from the circuit court to the district
   77         court of appeal; amending s. 376.065, F.S.;
   78         transferring jurisdiction of an appeal of a hearing
   79         official’s findings of a violation of discharge
   80         prevention and response certification from the circuit
   81         court to the district court of appeal; amending s.
   82         376.07, F.S.; transferring jurisdiction of an appeal
   83         of a hearing official’s finding of inadequate booming
   84         by a terminal facility from the circuit court to the
   85         district court of appeal; amending s. 376.071, F.S.;
   86         transferring jurisdiction of an appeal of a hearing
   87         official’s finding of a violation of requirements for
   88         a discharge contingency plan from the circuit court to
   89         the district court of appeal; amending s. 376.16,
   90         F.S.; transferring jurisdiction of an appeal of a
   91         hearing official’s finding of a violation of the
   92         Pollutant Discharge Prevention and Control Act from
   93         the circuit court to the district court of appeal;
   94         amending s. 379.401, F.S.; transferring jurisdiction
   95         of appeals of Level One violations from the circuit
   96         court to the district court of appeal; amending s.
   97         379.4015, F.S.; conforming a provision to changes made
   98         by the act; amending s. 379.412, F.S.; transferring
   99         jurisdiction of appeals of violations of certain
  100         prohibitions regarding feeding wildlife and freshwater
  101         fish from the circuit court to the district court of
  102         appeal; amending s. 408.40, F.S.; providing for the
  103         review of the Public Counsel’s petition of the Agency
  104         for Health Care Administration by appellate courts;
  105         amending s. 489.127, F.S.; transferring jurisdiction
  106         of appeals of final administrative orders of an
  107         enforcement board or licensing board regulating
  108         contracting or a designated special magistrate from
  109         the circuit court to the district court of appeal;
  110         amending s. 489.531, F.S.; transferring jurisdiction
  111         of appeals of final administrative orders of an
  112         enforcement board or licensing board regulating
  113         electrical or alarm system contracting or a designated
  114         special magistrate from the circuit court to the
  115         district court of appeal; amending s. 556.107, F.S.;
  116         transferring jurisdiction of appeals of noncriminal
  117         infractions under the Underground Facility Damage
  118         Prevention and Safety Act from the circuit court to
  119         the district court of appeal; conforming a provision
  120         to changes made by the act; amending s. 569.005, F.S.;
  121         transferring jurisdiction of appeals of findings of
  122         infractions of operating without a retail tobacco
  123         products dealer permit from the circuit court to the
  124         district court of appeal; amending s. 605.0716, F.S.;
  125         transferring jurisdiction of judicial review of denial
  126         of reinstatement of a limited liability company from
  127         the Circuit Court of Leon County to the First District
  128         Court of Appeal; amending s. 605.09091, F.S.;
  129         transferring jurisdiction of judicial review of denial
  130         of reinstatement of a foreign limited liability
  131         company from the Circuit Court of Leon County to the
  132         First District Court of Appeal; amending s. 607.0126,
  133         F.S.; transferring jurisdiction of appeals of the
  134         Department of State’s refusal to file a corporate
  135         document from the Circuit Court of Leon County to the
  136         First District Court of Appeal; amending s. 607.1423,
  137         F.S.; transferring jurisdiction of judicial review of
  138         denial of reinstatement of a corporation from the
  139         Circuit Court of Leon County to the First District
  140         Court of Appeal; amending s. 607.1532, F.S.;
  141         transferring jurisdiction of judicial review of denial
  142         of reinstatement of a foreign corporation from the
  143         Circuit Court of Leon County to the First District
  144         Court of Appeal; amending s. 620.1811, F.S.;
  145         transferring jurisdiction of appeals from the denial
  146         of reinstatement of a limited partnership from the
  147         circuit court to the district court of appeal;
  148         amending s. 717.1242, F.S.; conforming a cross
  149         reference to changes made by the act; amending s.
  150         723.0612, F.S.; transferring jurisdiction of review of
  151         certain actions of the Florida Mobile Home Relocation
  152         Corporation from the circuit court to the district
  153         court of appeal; amending s. 767.12, F.S.;
  154         transferring jurisdiction of appeals of dangerous dog
  155         classifications and penalties from the circuit court
  156         to the district court of appeal; repealing s. 924.08,
  157         F.S., relating to courts of appeal; providing an
  158         effective date.
  159          
  160  Be It Enacted by the Legislature of the State of Florida:
  161  
  162         Section 1. Section 26.012, Florida Statutes, is amended to
  163  read:
  164         26.012 Jurisdiction of circuit court.—
  165         (1) Circuit courts shall have jurisdiction of appeals from
  166  county courts except:
  167         (a) Appeals of county court orders or judgments where the
  168  amount in controversy is greater than $15,000. This paragraph is
  169  repealed on January 1, 2023.
  170         (b) Appeals of county court orders or judgments declaring
  171  invalid a state statute or a provision of the State
  172  Constitution.
  173         (c) Orders or judgments of a county court which are
  174  certified by the county court to the district court of appeal to
  175  be of great public importance and which are accepted by the
  176  district court of appeal for review.
  177  
  178  Circuit courts shall have jurisdiction of appeals from final
  179  administrative orders of local government code enforcement
  180  boards.
  181         (2) They shall have exclusive original jurisdiction:
  182         (a) In all actions at law not cognizable by the county
  183  courts;
  184         (b) Of proceedings relating to the settlement of the
  185  estates of decedents and minors, the granting of letters
  186  testamentary, guardianship, involuntary hospitalization, the
  187  determination of incompetency, and other jurisdiction usually
  188  pertaining to courts of probate;
  189         (c) In all cases in equity including all cases relating to
  190  juveniles except traffic offenses as provided in chapters 316
  191  and 985;
  192         (d) Of all felonies and of all misdemeanors arising out of
  193  the same circumstances as a felony which is also charged;
  194         (e) In all cases involving legality of any tax assessment
  195  or toll or denial of refund, except as provided in s. 72.011;
  196         (f) In actions of ejectment; and
  197         (g) In all actions involving the title and boundaries of
  198  real property.
  199         (2)(3) The circuit court may issue injunctions.
  200         (3)(4) The chief judge of a circuit may authorize a county
  201  court judge to order emergency hospitalizations pursuant to part
  202  I of chapter 394 in the absence from the county of the circuit
  203  judge; and the county court judge shall have the power to issue
  204  all temporary orders and temporary injunctions necessary or
  205  proper to the complete exercise of such jurisdiction.
  206         (4)(5) A circuit court is a trial court.
  207         Section 2. Section 26.57, Florida Statutes, is amended to
  208  read:
  209         26.57 Temporary designation of county court judge to
  210  preside over circuit court cases.—A county court judge may be
  211  designated on a temporary basis to preside over circuit court
  212  cases by the Chief Justice of the Supreme Court upon
  213  recommendation of the chief judge of the circuit. He or she may
  214  be assigned to exercise all county and circuit court
  215  jurisdiction in the county, except appeals from the county
  216  court. In addition, he or she may be required to perform the
  217  duties of circuit judge in other counties of the circuit as time
  218  may permit and as the need arises, as determined by the chief
  219  judge of the circuit. A county court judge designated to preside
  220  over circuit court cases shall receive the same salary as a
  221  circuit court judge, to the extent that funds are specifically
  222  appropriated by law for such purposes.
  223         Section 3. Present subsections (2) and (3) of section
  224  28.241, Florida Statutes, are amended, and present subsections
  225  (4) through (7) of that section are renumbered as subsections
  226  (3) through (6), respectively, to read:
  227         28.241 Filing fees for trial and appellate proceedings.—
  228         (2) Upon the institution of any appellate proceeding from
  229  any lower court to the circuit court of any such county,
  230  including appeals filed by a county or municipality as provided
  231  in s. 34.041(5), or from the county or circuit court to an
  232  appellate court of the state, the clerk shall charge and collect
  233  from the party or parties instituting such appellate proceedings
  234  a filing fee not to exceed $280, from which the clerk shall
  235  remit $20 to the Department of Revenue for deposit into the
  236  General Revenue Fund, for filing a notice of appeal from the
  237  county court to the circuit court and, in addition to the filing
  238  fee required under s. 25.241 or s. 35.22, $100 for filing a
  239  notice of appeal from the county or circuit court to the
  240  district court of appeal or to the Supreme Court. If the party
  241  is determined to be indigent, the clerk shall defer payment of
  242  the fee otherwise required by this subsection.
  243         (3) A filing fee may not be imposed upon a party for
  244  responding by pleading, motion, or other paper to a civil or
  245  criminal action, suit, or proceeding, or appeal in a circuit
  246  court.
  247         Section 4. Section 34.017, Florida Statutes, is repealed.
  248         Section 5. Present subsections (5) and (6) of section
  249  34.041, Florida Statutes, are amended, and present subsections
  250  (7) and (8) are renumbered as subsections (6) and (7),
  251  respectively, to read:
  252         34.041 Filing fees.—
  253         (5) Upon the institution of any appellate proceeding from
  254  the county court to the circuit court, including any appeal
  255  filed by a county or municipality, the clerk shall charge and
  256  collect filing fees as provided in s. 28.241(2) from the party
  257  or parties instituting the appellate proceedings. If the party
  258  is determined to be indigent, the clerk shall defer payment of
  259  the fee.
  260         (6) A charge or a fee may not be imposed upon a party for
  261  responding by pleading, motion, or other paper to a civil or
  262  criminal action, suit, or proceeding in a county court or to an
  263  appeal to the circuit court.
  264         Section 6. Section 35.065, Florida Statutes, is repealed.
  265         Section 7. Section 162.11, Florida Statutes, is amended to
  266  read:
  267         162.11 Appeals.—An aggrieved party, including the local
  268  governing body, may appeal a final administrative order of an
  269  enforcement board to the district circuit court of appeal. The
  270  Such an appeal may shall not be a hearing de novo but must shall
  271  be limited to appellate review of the record created before the
  272  enforcement board. An appeal must shall be filed within 30 days
  273  after of the execution of the order to be appealed.
  274         Section 8. Section 171.081, Florida Statutes, is amended to
  275  read:
  276         171.081 Appeal on annexation or contraction.—
  277         (1) Any party affected who believes that he or she will
  278  suffer material injury by reason of the failure of the municipal
  279  governing body to comply with the procedures set forth in this
  280  chapter for annexation or contraction or to meet the
  281  requirements established for annexation or contraction as they
  282  apply to his or her property may file a petition in the district
  283  circuit court of appeal for the appellate district county in
  284  which the municipality or municipalities are located seeking
  285  review by certiorari. The action may be initiated at the party’s
  286  option within 30 days following the passage of the annexation or
  287  contraction ordinance or within 30 days following the completion
  288  of the dispute resolution process in subsection (2). In any
  289  action instituted pursuant to this subsection, the complainant,
  290  should he or she prevail, shall be entitled to reasonable costs
  291  and attorney attorney’s fees.
  292         (2) If the affected party is a governmental entity, no
  293  later than 30 days following the passage of an annexation or
  294  contraction ordinance, the governmental entity must initiate and
  295  proceed through the conflict resolution procedures established
  296  in chapter 164. If there is a failure to resolve the conflict,
  297  no later than 30 days following the conclusion of the procedures
  298  established in chapter 164, the governmental entity that
  299  initiated the conflict resolution procedures may file a petition
  300  in the district circuit court of appeal for the appellate
  301  district county in which the municipality or municipalities are
  302  located seeking review by certiorari. In any legal action
  303  instituted pursuant to this subsection, the prevailing party is
  304  entitled to reasonable costs and attorney attorney’s fees.
  305         Section 9. Subsection (4) of section 163.3215, Florida
  306  Statutes, is amended to read:
  307         163.3215 Standing to enforce local comprehensive plans
  308  through development orders.—
  309         (4) If a local government elects to adopt or has adopted an
  310  ordinance establishing, at a minimum, the requirements listed in
  311  this subsection, the sole method by which an aggrieved and
  312  adversely affected party may challenge any decision of local
  313  government granting or denying an application for a development
  314  order, as defined in s. 163.3164, which materially alters the
  315  use or density or intensity of use on a particular piece of
  316  property, on the basis that it is not consistent with the
  317  comprehensive plan adopted under this part, is by an appeal
  318  filed by a petition for writ of certiorari filed in the district
  319  circuit court of appeal within no later than 30 days after
  320  following rendition of a development order or other written
  321  decision of the local government, or when all local
  322  administrative appeals, if any, are exhausted, whichever occurs
  323  later. An action for injunctive or other relief may be joined
  324  with the petition for certiorari. Principles of judicial or
  325  administrative res judicata and collateral estoppel apply to
  326  these proceedings. Minimum components of the local process are
  327  as follows:
  328         (a) The local process must make provision for notice of an
  329  application for a development order that materially alters the
  330  use or density or intensity of use on a particular piece of
  331  property, including notice by publication or mailed notice
  332  consistent with the provisions of ss. 125.66(4)(b)2. and 3. and
  333  166.041(3)(c)2.b. and c., and must require prominent posting at
  334  the job site. The notice must be given within 10 days after the
  335  filing of an application for a development order; however,
  336  notice under this subsection is not required for an application
  337  for a building permit or any other official action of local
  338  government which does not materially alter the use or density or
  339  intensity of use on a particular piece of property. The notice
  340  must clearly delineate that an aggrieved or adversely affected
  341  person has the right to request a quasi-judicial hearing before
  342  the local government for which the application is made, must
  343  explain the conditions precedent to the appeal of any
  344  development order ultimately rendered upon the application, and
  345  must specify the location where written procedures can be
  346  obtained that describe the process, including how to initiate
  347  the quasi-judicial process, the timeframes for initiating the
  348  process, and the location of the hearing. The process may
  349  include an opportunity for an alternative dispute resolution.
  350         (b) The local process must provide a clear point of entry
  351  consisting of a written preliminary decision, at a time and in a
  352  manner to be established in the local ordinance, with the time
  353  to request a quasi-judicial hearing running from the issuance of
  354  the written preliminary decision; the local government, however,
  355  is not bound by the preliminary decision. A party may request a
  356  hearing to challenge or support a preliminary decision.
  357         (c) The local process must provide an opportunity for
  358  participation in the process by an aggrieved or adversely
  359  affected party, allowing a reasonable time for the party to
  360  prepare and present a case for the quasi-judicial hearing.
  361         (d) The local process must provide, at a minimum, an
  362  opportunity for the disclosure of witnesses and exhibits prior
  363  to hearing and an opportunity for the depositions of witnesses
  364  to be taken.
  365         (e) The local process may not require that a party be
  366  represented by an attorney in order to participate in a hearing.
  367         (f) The local process must provide for a quasi-judicial
  368  hearing before an impartial special master who is an attorney
  369  who has at least 5 years’ experience and who shall, at the
  370  conclusion of the hearing, recommend written findings of fact
  371  and conclusions of law. The special master shall have the power
  372  to swear witnesses and take their testimony under oath, to issue
  373  subpoenas and other orders regarding the conduct of the
  374  proceedings, and to compel entry upon the land. The standard of
  375  review applied by the special master in determining whether a
  376  proposed development order is consistent with the comprehensive
  377  plan shall be strict scrutiny in accordance with Florida law.
  378         (g) At the quasi-judicial hearing, all parties must have
  379  the opportunity to respond, to present evidence and argument on
  380  all issues involved which are related to the development order,
  381  and to conduct cross-examination and submit rebuttal evidence.
  382  Public testimony must be allowed.
  383         (h) The local process must provide for a duly noticed
  384  public hearing before the local government at which public
  385  testimony is allowed. At the quasi-judicial hearing, the local
  386  government is bound by the special master’s findings of fact
  387  unless the findings of fact are not supported by competent
  388  substantial evidence. The governing body may modify the
  389  conclusions of law if it finds that the special master’s
  390  application or interpretation of law is erroneous. The governing
  391  body may make reasonable legal interpretations of its
  392  comprehensive plan and land development regulations without
  393  regard to whether the special master’s interpretation is labeled
  394  as a finding of fact or a conclusion of law. The local
  395  government’s final decision must be reduced to writing,
  396  including the findings of fact and conclusions of law, and is
  397  not considered rendered or final until officially date-stamped
  398  by the city or county clerk.
  399         (i) An ex parte communication relating to the merits of the
  400  matter under review may not be made to the special master. An ex
  401  parte communication relating to the merits of the matter under
  402  review may not be made to the governing body after a time to be
  403  established by the local ordinance, which time must be no later
  404  than receipt of the special master’s recommended order by the
  405  governing body.
  406         (j) At the option of the local government, the process may
  407  require actions to challenge the consistency of a development
  408  order with land development regulations to be brought in the
  409  same proceeding.
  410         Section 10. Paragraph (b) of subsection (2) of section
  411  189.041, Florida Statutes, is amended to read:
  412         189.041 Elections; special requirements and procedures for
  413  districts with governing bodies elected on a one-acre/one-vote
  414  basis.—
  415         (2) POPULAR ELECTIONS; REFERENDUM; DESIGNATION OF URBAN
  416  AREAS.—
  417         (b) Designation of urban areas.—
  418         1. Within 30 days after approval of the election process
  419  described in this subsection by qualified electors of the
  420  district, the governing body shall direct the district staff to
  421  prepare and present maps of the district describing the extent
  422  and location of all urban areas within the district. Such
  423  determination shall be based upon the criteria contained within
  424  paragraph (1)(b).
  425         2. Within 60 days after approval of the election process
  426  described in this subsection by qualified electors of the
  427  district, the maps describing urban areas within the district
  428  shall be presented to the governing body.
  429         3. Any district landowner or elector may contest the
  430  accuracy of the urban area maps prepared by the district staff
  431  within 30 days after submission to the governing body. Upon
  432  notice of objection to the maps, the governing body shall
  433  request the county engineer to prepare and present maps of the
  434  district describing the extent and location of all urban areas
  435  within the district. Such determination shall be based upon the
  436  criteria contained within paragraph (1)(b). Within 30 days after
  437  the governing body request, the county engineer shall present
  438  the maps to the governing body.
  439         4. Upon presentation of the maps by the county engineer,
  440  the governing body shall compare the maps submitted by both the
  441  district staff and the county engineer and make a determination
  442  as to which set of maps to adopt. Within 60 days after
  443  presentation of all such maps, the governing body may amend and
  444  shall adopt the official maps at a regularly scheduled meeting
  445  of the governing body.
  446         5. Any district landowner or qualified elector may contest
  447  the accuracy of the urban area maps adopted by the governing
  448  body within 30 days after adoption by petition to the district
  449  circuit court of appeal with jurisdiction over the district.
  450  Accuracy shall be determined pursuant to paragraph (1)(b). Any
  451  petitions so filed shall be heard expeditiously, and the maps
  452  shall either be approved or approved with necessary amendments
  453  to render the maps accurate and shall be certified to the
  454  governing body.
  455         6. Upon adoption by the governing body or certification by
  456  the court, the district urban area maps shall serve as the
  457  official maps for determination of the extent of urban area
  458  within the district and the number of governing body members to
  459  be elected by qualified electors and by the one-acre/one-vote
  460  principle at the next regularly scheduled election of governing
  461  body members.
  462         7. Upon a determination of the percentage of urban area
  463  within the district as compared with total area within the
  464  district, the governing body shall order elections in accordance
  465  with the percentages pursuant to paragraph (3)(a). The
  466  landowners’ meeting date shall be designated by the governing
  467  body.
  468         8. The maps shall be updated and readopted every 5 years or
  469  sooner in the discretion of the governing body.
  470         Section 11. Subsection (6) of section 190.046, Florida
  471  Statutes, is amended to read:
  472         190.046 Termination, contraction, or expansion of
  473  district.—
  474         (6) No later than 30 days following the adoption of a
  475  transfer plan ordinance, the board of supervisors may file, in
  476  the appropriate district circuit court of appeal for the county
  477  in which the local general-purpose government that adopted the
  478  ordinance is located, a petition seeking review by certiorari of
  479  the factual and legal basis for the adoption of the transfer
  480  plan ordinance.
  481         Section 12. Paragraphs (a) and (b) of subsection (1) of
  482  section 255.20, Florida Statutes, are amended to read:
  483         255.20 Local bids and contracts for public construction
  484  works; specification of state-produced lumber.—
  485         (1) A county, municipality, special district as defined in
  486  chapter 189, or other political subdivision of the state seeking
  487  to construct or improve a public building, structure, or other
  488  public construction works must competitively award to an
  489  appropriately licensed contractor each project that is estimated
  490  in accordance with generally accepted cost-accounting principles
  491  to cost more than $300,000. For electrical work, the local
  492  government must competitively award to an appropriately licensed
  493  contractor each project that is estimated in accordance with
  494  generally accepted cost-accounting principles to cost more than
  495  $75,000. As used in this section, the term “competitively award”
  496  means to award contracts based on the submission of sealed bids,
  497  proposals submitted in response to a request for proposal,
  498  proposals submitted in response to a request for qualifications,
  499  or proposals submitted for competitive negotiation. This
  500  subsection expressly allows contracts for construction
  501  management services, design/build contracts, continuation
  502  contracts based on unit prices, and any other contract
  503  arrangement with a private sector contractor permitted by any
  504  applicable municipal or county ordinance, by district
  505  resolution, or by state law. For purposes of this section, cost
  506  includes the cost of all labor, except inmate labor, and the
  507  cost of equipment and materials to be used in the construction
  508  of the project. Subject to the provisions of subsection (3), the
  509  county, municipality, special district, or other political
  510  subdivision may establish, by municipal or county ordinance or
  511  special district resolution, procedures for conducting the
  512  bidding process.
  513         (a) Notwithstanding any other law, a governmental entity
  514  seeking to construct or improve bridges, roads, streets,
  515  highways, or railroads, and services incidental thereto, at a
  516  cost in excess of $250,000 may require that persons interested
  517  in performing work under contract first be certified or
  518  qualified to perform such work. A contractor may be considered
  519  ineligible to bid if the contractor is behind by 10 percent or
  520  more on completing an approved progress schedule for the
  521  governmental entity at the time of advertising the work. A
  522  prequalified contractor considered eligible by the Department of
  523  Transportation to bid to perform the type of work described
  524  under the contract is presumed to be qualified to perform the
  525  work described. The governmental entity may provide an appeal
  526  process to overcome that presumption with de novo review based
  527  on the record below to the district circuit court of appeal.
  528         (b) For contractors who are not prequalified by the
  529  Department of Transportation, the governmental entity shall
  530  publish prequalification criteria and procedures prior to
  531  advertisement or notice of solicitation. Such publications must
  532  include notice of a public hearing for comment on such criteria
  533  and procedures prior to adoption. The procedures must provide
  534  for an appeal process within the authority for making objections
  535  to the prequalification process with de novo review based on the
  536  record below to the district circuit court of appeal within 30
  537  days.
  538         Section 13. Section 318.16, Florida Statutes, is amended to
  539  read:
  540         318.16 Appeals; stay orders; procedures.—
  541         (1) If a person is found to have committed an infraction by
  542  the hearing official, he or she may appeal that finding to the
  543  district circuit court of appeal. An appeal under this
  544  subsection does shall not operate to stay the reporting
  545  requirements of s. 318.14(7) or to stay appropriate action by
  546  the department upon receipt of that report.
  547         (2) The district circuit court of appeal, upon application
  548  by the appellant, may:
  549         (a) Order a stay of any action by the department during
  550  pendency of the appeal, but not to exceed a period of 60 days. A
  551  copy of the order shall be forwarded to the department.
  552         (b) Deny the application.
  553         Section 14. Section 318.33, Florida Statutes, is amended to
  554  read:
  555         318.33 Appeals.—Decisions of the hearing officer are
  556  appealable to the district court of appeal in the manner
  557  prescribed by the Florida Rules of Appellate Procedure, under
  558  the rules of court, to the circuit court. Appeals must shall be
  559  based upon the record of the hearing before the hearing officer
  560  and may shall not be hearings de novo. Appellants are
  561  responsible for producing the record of the hearing beyond that
  562  which normally results from the civil traffic infraction hearing
  563  process.
  564         Section 15. Subsection (7) of section 320.781, Florida
  565  Statutes, is amended to read:
  566         320.781 Mobile Home and Recreational Vehicle Protection
  567  Trust Fund.—
  568         (7) Within 90 days after receipt of the application and
  569  verified claim, the department shall issue its determination on
  570  the claim. The Such determination is shall not be subject to the
  571  provisions of chapter 120, but is shall be reviewable only by
  572  writ of certiorari in the district court of appeal circuit court
  573  in the county in which the claimant resides in the manner and
  574  within the time provided by the Florida Rules of Appellate
  575  Procedure. The claim must be paid within 45 days after the
  576  determination, or, if judicial review is sought, within 45 days
  577  after the review becomes final. A person may not be paid an
  578  amount from the fund in excess of $25,000 per mobile home or
  579  recreational vehicle, which includes any damages, restitution,
  580  payments received as the result of a claim against the surety
  581  bond, or expenses, including reasonable attorney attorney’s
  582  fees. Prior to payment, the person must execute an assignment to
  583  the department of all the person’s rights and title to, and
  584  interest in, the unsatisfied judgment and judgment lien or the
  585  claim against the dealer or broker and its surety.
  586         Section 16. Subsection (2) of section 321.051, Florida
  587  Statutes, is amended to read:
  588         321.051 Florida Highway Patrol wrecker operator system;
  589  penalties for operation outside of system.—
  590         (2) The Division of Florida Highway Patrol of the
  591  Department of Highway Safety and Motor Vehicles may is
  592  authorized to establish within areas designated by the patrol a
  593  wrecker operator system using qualified, reputable wrecker
  594  operators for removal and storage of wrecked or disabled
  595  vehicles from a crash scene or for removal and storage of
  596  abandoned vehicles, if in the event the owner or operator is
  597  incapacitated or unavailable or leaves the procurement of
  598  wrecker service to the officer at the scene. All reputable
  599  wrecker operators are shall be eligible to participate for use
  600  in the system provided their equipment and drivers meet
  601  recognized safety qualifications and mechanical standards set by
  602  rules of the Division of Florida Highway Patrol for the size of
  603  vehicle it is designed to handle. The division may is authorized
  604  to limit the number of wrecker operators participating in the
  605  wrecker operator system, which authority shall not affect
  606  wrecker operators currently participating in the system
  607  established by this section. The division may is authorized to
  608  establish maximum rates for the towing and storage of vehicles
  609  removed at the division’s request, where the such rates have not
  610  been set by a county or municipality pursuant to s. 125.0103 or
  611  s. 166.043. The Such rates are shall not be considered rules for
  612  the purpose of chapter 120; however, the department shall
  613  establish by rule a procedure for setting the such rates. Any
  614  provision in chapter 120 to the contrary notwithstanding, a
  615  final order of the department denying, suspending, or revoking a
  616  wrecker operator’s participation in the system is shall be
  617  reviewable in the manner and within the time provided by the
  618  Florida Rules of Appellate Procedure only by a writ of
  619  certiorari issued by the district circuit court of appeal in the
  620  county wherein such wrecker operator resides.
  621         Section 17. Section 322.272, Florida Statutes, is amended
  622  to read:
  623         322.272 Supersedeas.—The filing of a petition for
  624  certiorari to the district circuit court of appeal does not
  625  itself stay the enforcement of the suspension, revocation, or
  626  cancellation of license. The department may order a stay of
  627  enforcement upon appropriate terms and conditions.
  628         Section 18. Section 322.31, Florida Statutes, is amended to
  629  read:
  630         322.31 Right of review.—The final orders and rulings of the
  631  department by which wherein any person is denied a license, or
  632  by which where such license has been canceled, suspended, or
  633  revoked, are shall be reviewable in the manner and within the
  634  time provided by the Florida Rules of Appellate Procedure only
  635  by a writ of certiorari issued by the district circuit court of
  636  appeal in the county wherein such person shall reside, in the
  637  manner prescribed by the Florida Rules of Appellate Procedure,
  638  any provision in chapter 120 to the contrary notwithstanding.
  639         Section 19. Subsection (13) of section 322.64, Florida
  640  Statutes, is amended to read:
  641         322.64 Holder of commercial driver license; persons
  642  operating a commercial motor vehicle; driving with unlawful
  643  blood-alcohol level; refusal to submit to breath, urine, or
  644  blood test.—
  645         (13) A person may appeal any decision of the department
  646  sustaining the disqualification from operating a commercial
  647  motor vehicle by a petition for writ of certiorari to the
  648  district circuit court of appeal for the appellate district for
  649  in the county in which the wherein such person resides or in
  650  which wherein a formal or informal review was conducted pursuant
  651  to s. 322.31. However, an appeal does shall not stay the
  652  disqualification. This subsection does shall not be construed to
  653  provide for a de novo review.
  654         Section 20. Subsection (7) of section 327.73, Florida
  655  Statutes, is amended to read:
  656         327.73 Noncriminal infractions.—
  657         (7) If a person is found by the hearing official to have
  658  committed an infraction, he or she may appeal that finding to
  659  the district circuit court of appeal.
  660         Section 21. Subsection (1) of section 333.11, Florida
  661  Statutes, is amended to read:
  662         333.11 Judicial review.—
  663         (1) Any person, political subdivision, or joint airport
  664  zoning board affected by a decision of a political subdivision
  665  or its administrative agency may apply for judicial relief to
  666  the district circuit court of appeal for the appellate district
  667  in which in the judicial circuit where the political subdivision
  668  is located within 30 days after rendition of the decision.
  669  Review shall be by petition for writ of certiorari, which shall
  670  be governed by the Florida Rules of Appellate Procedure.
  671         Section 22. Subsection (5) of section 336.41, Florida
  672  Statutes, is amended to read:
  673         336.41 Counties; employing labor and providing road
  674  equipment; accounting; when competitive bidding required.—
  675         (5)(a) For contracts in excess of $250,000, any county may
  676  require that persons interested in performing work under the
  677  contract first be certified or qualified to do the work. Any
  678  contractor prequalified and considered eligible to bid by the
  679  department to perform the type of work described under the
  680  contract shall be presumed to be qualified to perform the work
  681  so described. Any contractor may be considered ineligible to bid
  682  by the county if the contractor is behind an approved progress
  683  schedule by 10 percent or more on another project for that
  684  county at the time of the advertisement of the work. The county
  685  may provide an appeal process to overcome such consideration
  686  with de novo review based on the record below to the district
  687  circuit court of appeal.
  688         (b) The county shall publish prequalification criteria and
  689  procedures prior to advertisement or notice of solicitation. The
  690  Such publications must shall include notice of a public hearing
  691  for comment on the such criteria and procedures prior to
  692  adoption. The procedures must shall provide for an appeal
  693  process within the county for objections to the prequalification
  694  process with de novo review based on the record below to the
  695  district circuit court of appeal.
  696         (c) The county shall also publish for comment, prior to
  697  adoption, the selection criteria and procedures to be used by
  698  the county if the such procedures would allow selection of other
  699  than the lowest responsible bidder. The selection criteria must
  700  shall include an appeal process within the county with de novo
  701  review based on the record below to the district circuit court
  702  of appeal.
  703         Section 23. Subsection (9) of section 337.14, Florida
  704  Statutes, is amended to read:
  705         337.14 Application for qualification; certificate of
  706  qualification; restrictions; request for hearing.—
  707         (9)(a) Notwithstanding any other law to the contrary, for
  708  contracts in excess of $250,000, an authority created pursuant
  709  to chapter 348 or chapter 349 may require that persons
  710  interested in performing work under contract first be certified
  711  or qualified to do the work. Any contractor may be considered
  712  ineligible to bid by the governmental entity or authority if the
  713  contractor is behind an approved progress schedule for the
  714  governmental entity or authority by 10 percent or more at the
  715  time of advertisement of the work. Any contractor prequalified
  716  and considered eligible by the department to bid to perform the
  717  type of work described under the contract shall be presumed to
  718  be qualified to perform the work so described. The governmental
  719  entity or authority may provide an appeal process to overcome
  720  that presumption with de novo review based on the record below
  721  to the district circuit court of appeal.
  722         (b) With respect to contractors not prequalified with the
  723  department, the authority shall publish prequalification
  724  criteria and procedures prior to advertisement or notice of
  725  solicitation. The Such publications must shall include notice of
  726  a public hearing for comment on the such criteria and procedures
  727  prior to adoption. The procedures must shall provide for an
  728  appeal process within the authority for objections to the
  729  prequalification process with de novo review based on the record
  730  below to the district circuit court of appeal within 30 days.
  731         (c) An authority may establish criteria and procedures
  732  under which contractor selection may occur on a basis other than
  733  the lowest responsible bidder. Prior to adoption, the authority
  734  shall publish for comment the proposed criteria and procedures.
  735  Review of the adopted criteria and procedures shall be to the
  736  district circuit court of appeal, within 30 days after adoption,
  737  with de novo review based on the record below.
  738         Section 24. Subsection (3) of section 337.404, Florida
  739  Statutes, is amended to read:
  740         337.404 Removal or relocation of utility facilities; notice
  741  and order; court review.—
  742         (3) The owner may obtain judicial review of the final order
  743  of the authority within the time and in the manner provided by
  744  the Florida Rules of Appellate Procedure by filing in the
  745  district circuit court of appeal for the appellate district the
  746  county in which the utility was relocated a petition for a writ
  747  of certiorari in the manner prescribed by the appellate said
  748  rules or in the manner provided by chapter 120 if when the
  749  respondent is an agency for purposes of chapter 120.
  750         Section 25. Paragraph (g) of subsection (5) of section
  751  376.065, Florida Statutes, is amended to read:
  752         376.065 Operation of terminal facility without discharge
  753  prevention and response certificate prohibited; penalty.—
  754         (5)
  755         (g) A person who is found by the hearing official to have
  756  committed an infraction may appeal that finding to the district
  757  circuit court of appeal.
  758         Section 26. Paragraph (f) of subsection (3) of section
  759  376.07, Florida Statutes, is amended to read:
  760         376.07 Regulatory powers of department; penalties for
  761  inadequate booming by terminal facilities.—
  762         (3) The department shall not require vessels to maintain
  763  discharge prevention gear, holding tanks, and containment gear
  764  which exceed federal requirements. However, a terminal facility
  765  transferring heavy oil to or from a vessel with a heavy oil
  766  storage capacity greater than 10,000 gallons shall be required,
  767  considering existing weather and tidal conditions, to adequately
  768  boom or seal off the transfer area during a transfer, including,
  769  but not limited to, a bunkering operation, to minimize the
  770  escape of such pollutants from the containment area. As used in
  771  this subsection, the term “adequate booming” means booming with
  772  proper containment equipment which is employed and located for
  773  the purpose of preventing, for the most likely discharge, as
  774  much of the pollutant as possible from escaping out of the
  775  containment area.
  776         (f) A person who is found by the hearing official to have
  777  committed an infraction may appeal that finding to the district
  778  circuit court of appeal.
  779         Section 27. Paragraph (g) of subsection (2) of section
  780  376.071, Florida Statutes, is amended to read:
  781         376.071 Discharge contingency plan for vessels.—
  782         (2)
  783         (g) A person who is found by the hearing official to have
  784  committed an infraction may appeal that finding to the district
  785  circuit court of appeal.
  786         Section 28. Subsection (10) of section 376.16, Florida
  787  Statutes, is amended to read:
  788         376.16 Enforcement and penalties.—
  789         (10) A person who is found by a hearing official to have
  790  committed an infraction may appeal that finding to the district
  791  circuit court of appeal.
  792         Section 29. Paragraph (h) of subsection (1) of section
  793  379.401, Florida Statutes, is amended to read:
  794         379.401 Penalties and violations; civil penalties for
  795  noncriminal infractions; criminal penalties; suspension and
  796  forfeiture of licenses and permits.—
  797         (1) LEVEL ONE VIOLATIONS.—
  798         (h) A person who elects to appear before the county court
  799  or who is required to appear before the county court shall be
  800  deemed to have waived the limitations on civil penalties
  801  provided under paragraphs (c) and (d). After a hearing, the
  802  county court shall determine if a Level One violation has been
  803  committed, and if so, may impose a civil penalty of not less
  804  than $50 for a first-time violation, and not more than $500 for
  805  subsequent violations. A person found guilty of committing a
  806  Level One violation may appeal that finding to the district
  807  circuit court of appeal. The commission of a violation must be
  808  proved beyond a reasonable doubt.
  809         Section 30. Paragraph (j) of subsection (1) of section
  810  379.4015, Florida Statutes, is amended to read:
  811         379.4015 Nonnative and captive wildlife penalties.—
  812         (1) LEVEL ONE.—Unless otherwise provided by law, the
  813  following classifications and penalties apply:
  814         (j) If a person is found by the hearing official to have
  815  committed an infraction, she or he may appeal that finding to
  816  the district circuit court of appeal.
  817         Section 31. Paragraph (a) of subsection (2) of section
  818  379.412, Florida Statutes, is amended to read:
  819         379.412 Penalties for feeding wildlife and freshwater
  820  fish.—
  821         (2) A person who violates a prohibition or restriction
  822  identified in subsection (1):
  823         (a) For a first violation, commits a noncriminal
  824  infraction, punishable by a civil penalty of $100.
  825         1. A person cited for a violation under this paragraph
  826  shall sign and accept a citation to appear before the county
  827  court. The issuing officer may indicate on the citation the time
  828  and location of the scheduled hearing and shall indicate the
  829  applicable civil penalty.
  830         2. A person cited for a violation may pay the civil penalty
  831  by mail or in person within 30 days after receipt of the
  832  citation. If the civil penalty is paid, the person is deemed to
  833  have admitted committing the violation and to have waived his or
  834  her right to a hearing before the county court. The Such
  835  admission may not be used as evidence in any other proceedings
  836  except to determine the appropriate fine for any subsequent
  837  violations.
  838         3. A person who refuses to accept a citation, who fails to
  839  pay the civil penalty for a violation, or who fails to appear
  840  before a county court as required commits a misdemeanor of the
  841  second degree, punishable as provided in s. 775.082 or s.
  842  775.083.
  843         4. A person who elects to appear before the county court or
  844  who is required to appear before the county court is deemed to
  845  have waived the limitations on civil penalties provided under
  846  this paragraph. After a hearing, the county court shall
  847  determine if a violation has been committed, and if so, may
  848  impose a civil penalty of not less than $100. A person found
  849  guilty of committing a violation may appeal that finding to the
  850  district circuit court of appeal. The commission of a violation
  851  must be proved beyond a reasonable doubt.
  852         Section 32. Paragraph (a) of subsection (2) of section
  853  408.40, Florida Statutes, is amended to read:
  854         408.40 Public Counsel.—
  855         (2) The Public Counsel shall:
  856         (a) Recommend to the agency, by petition, the commencement
  857  of any proceeding or action or to appear, in the name of the
  858  state or its citizens, in any proceeding or action before the
  859  agency and urge therein any position that he or she deems to be
  860  in the public interest, whether consistent or inconsistent with
  861  positions previously adopted by the agency, and use therein all
  862  forms of discovery available to attorneys in civil actions
  863  generally, subject to protective orders of the agency, which are
  864  shall be reviewable by summary procedure in the appellate
  865  circuit courts of this state.
  866         Section 33. Paragraph (j) of subsection (5) of section
  867  489.127, Florida Statutes, is amended to read:
  868         489.127 Prohibitions; penalties.—
  869         (5) Each county or municipality may, at its option,
  870  designate one or more of its code enforcement officers, as
  871  defined in chapter 162, to enforce, as set out in this
  872  subsection, the provisions of subsection (1) and s. 489.132(1)
  873  against persons who engage in activity for which a county or
  874  municipal certificate of competency or license or state
  875  certification or registration is required.
  876         (j) An aggrieved party, including the local governing body,
  877  may appeal a final administrative order of an enforcement board
  878  or licensing board or designated special magistrate to the
  879  district circuit court of appeal. The Such an appeal may shall
  880  not be a hearing de novo but must shall be limited to appellate
  881  review of the record created before the enforcement board or
  882  licensing board or designated special magistrate. An appeal must
  883  shall be filed within 30 days after of the execution of the
  884  order to be appealed.
  885         Section 34. Paragraph (j) of subsection (4) of section
  886  489.531, Florida Statutes, is amended to read:
  887         489.531 Prohibitions; penalties.—
  888         (4) Each county or municipality may, at its option,
  889  designate one or more of its code enforcement officers, as
  890  defined in chapter 162, to enforce, as set out in this
  891  subsection, the provisions of subsection (1) against persons who
  892  engage in activity for which county or municipal certification
  893  is required.
  894         (j) An aggrieved party, including the local governing body,
  895  may appeal a final administrative order of an enforcement or
  896  licensing board or designated special magistrate to the district
  897  circuit court of appeal. The Such an appeal may shall not be a
  898  hearing de novo but must shall be limited to appellate review of
  899  the record created before the enforcement or licensing board or
  900  designated special magistrate. An appeal must shall be filed
  901  within 30 days of the execution of the order to be appealed.
  902         Section 35. Paragraphs (h) and (i) of subsection (1) of
  903  section 556.107, Florida Statutes, are amended to read:
  904         556.107 Violations.—
  905         (1) NONCRIMINAL INFRACTIONS.—
  906         (h) If a person is found by a judge or hearing official to
  907  have committed an infraction, the person may appeal that finding
  908  to the district circuit court of appeal.
  909         (i) Sunshine State One-Call of Florida, Inc., may, at its
  910  own cost, retain an attorney to assist in the presentation of
  911  relevant facts and law in the county court proceeding pertaining
  912  to the citation issued under this section. The corporation may
  913  also appear in any case appealed to the district circuit court
  914  of appeal if a county court judge finds that an infraction of
  915  the chapter was committed. An appellant in the circuit court
  916  proceeding shall timely notify the corporation of any appeal
  917  under this section.
  918         Section 36. Subsection (6) of section 569.005, Florida
  919  Statutes, is amended to read:
  920         569.005 Operating without a retail tobacco products dealer
  921  permit; penalty.—
  922         (6) If a person is found by the court to have committed the
  923  infraction, that person may appeal that finding to the district
  924  circuit court of appeal.
  925         Section 37. Section 605.0716, Florida Statutes, is amended
  926  to read:
  927         605.0716 Judicial review of denial of reinstatement.—
  928         (1) If the department denies a limited liability company’s
  929  application for reinstatement after administrative dissolution,
  930  the department shall serve the company with a notice in a record
  931  that explains the reason or reasons for the denial.
  932         (2) Within 30 days after service of a notice of denial of
  933  reinstatement, a limited liability company may appeal the denial
  934  to the First District Court of Appeal by petitioning the court
  935  Circuit Court of Leon County to set aside the dissolution. The
  936  petition must be served on the department and contain a copy of
  937  the department’s notice of administrative dissolution, the
  938  company’s application for reinstatement, and the department’s
  939  notice of denial.
  940         (3) The circuit court may order the department to reinstate
  941  a dissolved limited liability company or take other action the
  942  court considers appropriate.
  943         (4) The circuit court’s final decision may be appealed as
  944  in other civil proceedings.
  945         Section 38. Section 605.09091, Florida Statutes, is amended
  946  to read:
  947         605.09091 Judicial review of denial of reinstatement.—
  948         (1) If the department denies a foreign limited liability
  949  company’s application for reinstatement after revocation of its
  950  certificate of authority, the department shall serve the foreign
  951  limited liability company, pursuant to s. 605.0117(7), with a
  952  written notice that explains the reason or reasons for the
  953  denial.
  954         (2) Within 30 days after service of a notice of denial of
  955  reinstatement, a foreign limited liability company may appeal
  956  the denial to the First District Court of Appeal by petitioning
  957  the court Circuit Court of Leon County to set aside the
  958  revocation. The petition must be served on the department and
  959  must contain a copy of the department’s notice of revocation,
  960  the foreign limited liability company’s application for
  961  reinstatement, and the department’s notice of denial.
  962         (3) The circuit court may order the department to reinstate
  963  the certificate of authority of the foreign limited liability
  964  company or take other action the court considers appropriate.
  965         (4) The circuit court’s final decision may be appealed as
  966  in other civil proceedings.
  967         Section 39. Section 607.0126, Florida Statutes, is amended
  968  to read:
  969         607.0126 Appeal from department’s refusal to file
  970  document.—If the department refuses to file a document delivered
  971  to its office for filing, the person who submitted the document
  972  for filing may petition the First District Court of Appeal
  973  Circuit Court of Leon County to compel filing of the document.
  974  The document and the explanation from the department of the
  975  refusal to file must be attached to the petition. The court may
  976  decide the matter in a summary proceeding, and the court may
  977  summarily order the department to file the document or take
  978  other action the court considers appropriate. The court’s final
  979  decision may be appealed as in other civil proceedings.
  980         Section 40. Subsection (2) of section 607.1423, Florida
  981  Statutes, is amended to read:
  982         607.1423 Judicial review of denial of reinstatement.—
  983         (2) Within 30 days after service of a notice of denial of
  984  reinstatement, a corporation may appeal the denial by
  985  petitioning the First District Court of Appeal Circuit Court of
  986  Leon County to set aside the dissolution. The petition must be
  987  served on the department and contain a copy of the department’s
  988  notice of administrative dissolution, the corporation’s
  989  application for reinstatement, and the department’s notice of
  990  denial.
  991         Section 41. Section 607.1532, Florida Statutes, is amended
  992  to read:
  993         607.1532 Judicial review of denial of reinstatement.—
  994         (1) If the department denies a foreign corporation’s
  995  application for reinstatement after revocation of its
  996  certificate of authority, the department shall serve the foreign
  997  corporation under s. 607.15101 with a written notice that
  998  explains the reason or reasons for the denial.
  999         (2) Within 30 days after service of a notice of denial of
 1000  reinstatement, a foreign corporation may appeal the denial by
 1001  petitioning the First District Court of Appeal Circuit Court of
 1002  Leon County to set aside the revocation. The petition must be
 1003  served on the department and contain a copy of the department’s
 1004  notice of revocation, the foreign corporation’s application for
 1005  reinstatement, and the department’s notice of denial.
 1006         (3) The circuit court may order the department to reinstate
 1007  the certificate of authority of the foreign corporation or take
 1008  other action the court considers appropriate.
 1009         (4) The circuit court’s final decision may be appealed as
 1010  in other civil proceedings.
 1011         Section 42. Subsection (2) of section 620.1811, Florida
 1012  Statutes, is amended to read:
 1013         620.1811 Appeal from denial of reinstatement.—
 1014         (2) Within 30 days after service of the notice of denial,
 1015  the limited partnership may appeal from the denial of
 1016  reinstatement by petitioning the district circuit court of
 1017  appeal to set aside the dissolution. The petition must be served
 1018  on the Department of State and contain a copy of the Department
 1019  of State’s declaration of dissolution, the limited partnership’s
 1020  application for reinstatement, and the Department of State’s
 1021  notice of denial.
 1022         Section 43. Subsection (1) of section 717.1242, Florida
 1023  Statutes, is amended to read:
 1024         717.1242 Restatement of jurisdiction of the circuit court
 1025  sitting in probate and the department.—
 1026         (1) It is and has been the intent of the Legislature that,
 1027  pursuant to s. 26.012(1)(b) s. 26.012(2)(b), circuit courts have
 1028  jurisdiction of proceedings relating to the settlement of the
 1029  estates of decedents and other jurisdiction usually pertaining
 1030  to courts of probate. It is and has been the intent of the
 1031  Legislature that, pursuant to s. 717.124, the department
 1032  determines the merits of claims for property paid or delivered
 1033  to the department under this chapter. Consistent with this
 1034  legislative intent, any estate or beneficiary, as defined in s.
 1035  731.201, of an estate seeking to obtain property paid or
 1036  delivered to the department under this chapter must file a claim
 1037  with the department as provided in s. 717.124.
 1038         Section 44. Subsection (5) of section 723.0612, Florida
 1039  Statutes, is amended to read:
 1040         723.0612 Change in use; relocation expenses; payments by
 1041  park owner.—
 1042         (5) Actions of the Florida Mobile Home Relocation
 1043  Corporation under this section are not subject to the provisions
 1044  of chapter 120 but are reviewable only by writ of certiorari in
 1045  the district circuit court of appeal in the appellate district
 1046  county in which the claimant resides in the manner and within
 1047  the time provided by the Florida Rules of Appellate Procedure.
 1048         Section 45. Subsection (4) of section 767.12, Florida
 1049  Statutes, is amended to read:
 1050         767.12 Classification of dogs as dangerous; certification
 1051  of registration; notice and hearing requirements; confinement of
 1052  animal; exemption; appeals; unlawful acts.—
 1053         (4) Upon a dangerous dog classification and penalty
 1054  becoming final after a hearing or by operation of law pursuant
 1055  to subsection (3), the animal control authority shall provide a
 1056  written final order to the owner by registered mail, certified
 1057  hand delivery or service. The owner may appeal the
 1058  classification, penalty, or both, to the district circuit court
 1059  of appeal in accordance with the Florida Rules of Appellate
 1060  Procedure after receipt of the final order. If the dog is not
 1061  held by the animal control authority, the owner must confine the
 1062  dog in a securely fenced or enclosed area pending resolution of
 1063  the appeal. Each applicable local governing authority must
 1064  establish appeal procedures that conform to this subsection.
 1065         Section 46. Section 924.08, Florida Statutes, is repealed.
 1066         Section 47. This act shall take effect January 1, 2021.