Florida Senate - 2021                              CS for SB 748
       
       
        
       By the Committee on Judiciary; and Senator Brandes
       
       
       
       
       
       590-02342-21                                           2021748c1
    1                        A bill to be entitled                      
    2         An act relating to courts; amending s. 25.221, F.S.;
    3         deleting the requirement that the Clerk of the Supreme
    4         Court physically keep books, records, and other
    5         materials in the clerk’s office; amending s. 25.301,
    6         F.S.; deleting the requirement that Supreme Court
    7         decisions and orders remain in the clerk’s office;
    8         amending s. 28.2457, F.S.; requiring the clerks of the
    9         circuit courts, with specified entities, to prepare a
   10         plan to procure or develop a statewide electronic
   11         solution to accurately identify all assessments
   12         mandated by statute; requiring the plan to address
   13         certain considerations relating to the implementation
   14         of the electronic solution; requiring the clerks to
   15         submit the plan to the Legislature by a specified
   16         date; deleting a provision requiring the clerks to
   17         annually submit a uniform form for identification and
   18         imposition of mandated assessments to the Supreme
   19         Court; amending s. 34.01, F.S.; providing for the
   20         periodic inflationary adjustment of the monetary
   21         jurisdictional limit applicable to all actions at law
   22         in county courts filed on or after a specified date,
   23         beginning in 2030; deleting obsolete language;
   24         amending s. 35.15, F.S.; deleting the requirement that
   25         decisions and orders of district courts of appeal
   26         remain in the office of the clerk of any such court;
   27         amending s. 35.23, F.S.; requiring the clerk of a
   28         district court of appeal to have an office at the
   29         headquarters of the court; deleting a requirement that
   30         the clerk keep records at the headquarters office;
   31         amending s. 35.24, F.S.; deleting the requirement that
   32         the clerk of a district court of appeal physically
   33         keep books, records, and other materials in the
   34         clerk’s office; amending s. 40.23, F.S.; authorizing
   35         any person who has been summoned for jury service to
   36         postpone such service for an additional timeframe in
   37         the event of a declared public health emergency or a
   38         state of emergency; specifying requirements for any
   39         such request; amending s. 812.014, F.S.; removing the
   40         requirement that fingerprints be taken in open court
   41         and in the judge’s presence upon a judgment of guilt
   42         of petit theft; authorizing the electronic capture of
   43         fingerprints; requiring the court officer, the
   44         employee of the court, or the employee of a criminal
   45         justice agency who captures fingerprints to sign a
   46         specified certification; amending s. 921.241, F.S.;
   47         removing the requirement that fingerprints be taken in
   48         open court and in the judge’s presence upon a judgment
   49         of guilt for a felony; authorizing the electronic
   50         capture of fingerprints; requiring the court officer,
   51         the employee of the court, or the employee of a
   52         criminal justice agency who captures fingerprints to
   53         sign a specified certification; conforming a provision
   54         to changes made by the act; removing the requirement
   55         that a judge obtain a defendant’s social security
   56         number at the time of fingerprinting; amending s.
   57         921.242, F.S.; removing the requirement that
   58         fingerprints be taken in open court and in the judge’s
   59         presence upon a judgment of guilt for an offense under
   60         ch. 796, F.S.; authorizing the electronic capture of
   61         fingerprints; requiring the court officer, the
   62         employee of the court, or the employee of a criminal
   63         justice agency who captures fingerprints to sign a
   64         specified certification; conforming a provision to
   65         changes made by the act; providing an effective date.
   66          
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Section 25.221, Florida Statutes, is amended to
   70  read:
   71         25.221 Maintenance Custody of books, records, and other
   72  materials etc.—All books, papers, records, files, and the seal
   73  of the Supreme Court must be maintained by shall be kept in the
   74  office of the clerk of said court and be in the clerk’s control,
   75  as prescribed by the Supreme Court custody.
   76         Section 2. Section 25.301, Florida Statutes, is amended to
   77  read:
   78         25.301 Decisions to be filed; copies to be furnished.—All
   79  decisions and opinions delivered by the Supreme said Court, or
   80  any justice thereof, relating in relation to any action or
   81  proceeding pending in the said court must shall be filed and
   82  remain in the office of the clerk and maintained by the clerk in
   83  the manner prescribed by the Supreme Court. Such decisions or
   84  opinions may, and shall not be taken out from the clerk’s
   85  maintenance or control except by order of the court; however,
   86  the but said clerk must shall at all times be required to
   87  furnish certified copies of such opinions and decisions to any
   88  person who makes such a request may desire the same certified
   89  copies of such opinions and decisions, upon receiving any
   90  required fees his or her fees therefor.
   91         Section 3. Subsection (2) of section 28.2457, Florida
   92  Statutes, is amended to read:
   93         28.2457 Mandatory monetary assessments.—
   94         (2) The clerks of the circuit courts shall collaborate with
   95  the state courts through the Florida Courts Technology
   96  Commission to prepare a plan to procure or develop a statewide
   97  electronic solution that will accurately identify all
   98  assessments mandated by statute. The plan must, at a minimum,
   99  address operational, technological, and fiscal considerations
  100  related to the implementation of the electronic solution. The
  101  clerks shall submit the plan to the President of the Senate and
  102  the Speaker of the House of Representatives no later than
  103  January 1, 2022 The clerks of court, through their association
  104  and in consultation with the Office of the State Courts
  105  Administrator, shall develop by October 1, 2012, a uniform form
  106  for the identification and imposition of all assessments
  107  mandated by statute. The clerks shall submit the form by that
  108  date, and by October 1 every year thereafter if necessary to
  109  reflect changes in the law, to the Supreme Court for approval.
  110  Upon approval of the form by the Supreme Court, all circuit and
  111  county courts shall use the form.
  112         Section 4. Subsection (1) of section 34.01, Florida
  113  Statutes, is amended to read:
  114         34.01 Jurisdiction of county court.—
  115         (1) County courts shall have original jurisdiction:
  116         (a) In all misdemeanor cases not cognizable by the circuit
  117  courts.
  118         (b) Of all violations of municipal and county ordinances.
  119         (c) Of all actions at law, except those within the
  120  exclusive jurisdiction of the circuit courts, in which the
  121  matter in controversy does not exceed, exclusive of interest,
  122  costs, and attorney fees:
  123         1. If filed on or before December 31, 2019, the sum of
  124  $15,000.
  125         2. If filed on or after January 1, 2020, the sum of
  126  $30,000.
  127         3. If filed on or after January 1, 2023, the sum of
  128  $50,000.
  129  
  130  The $50,000 jurisdictional limit in subparagraph 3. shall be
  131  adjusted, effective January 1, 2030, and every 10 years
  132  thereafter, by the percentage change in the average of the
  133  Consumer Price Index issued by the United States Department of
  134  Labor for the most recent 12-month period ending on September
  135  30, compared to the base year average, which is the average for
  136  the 12-month period ending September 30, 2022. The adjusted
  137  jurisdictional limit must be rounded to the nearest $1,000.
  138         (d) Of disputes occurring in the homeowners’ associations
  139  as described in s. 720.311(2)(a), which shall be concurrent with
  140  jurisdiction of the circuit courts.
  141  
  142  By February 1, 2021, the Office of the State Courts
  143  Administrator shall submit a report to the Governor, the
  144  President of the Senate, and the Speaker of the House of
  145  Representatives. The report must make recommendations regarding
  146  the adjustment of county court jurisdiction, including, but not
  147  limited to, consideration of the claim value of filings in
  148  county court and circuit court, case events, timeliness in
  149  processing cases, and any fiscal impact to the state as a result
  150  of adjusted jurisdictional limits. The clerks of the circuit
  151  court and county court shall provide claim value data and
  152  necessary case event data to the office to be used in
  153  development of the report. The report must also include a review
  154  of fees to ensure that the court system is adequately funded and
  155  a review of the appellate jurisdiction of the district courts
  156  and the circuit courts, including the use of appellate panels by
  157  circuit courts.
  158         Section 5. Section 35.15, Florida Statutes, is amended to
  159  read:
  160         35.15 Decisions to be filed; copies to be furnished.—All
  161  decisions and opinions delivered by the district courts of
  162  appeal, or any judge thereof, relating in relation to any action
  163  or proceeding pending in such said court must shall be filed and
  164  remain in the office of the clerk and maintained in the control
  165  of the clerk. Such decisions and opinions may, and shall not be
  166  taken from the clerk’s maintenance or control therefrom except
  167  by order of the court; however, the but said clerk must shall at
  168  all times be required to furnish certified copies of such
  169  opinions and decisions to any person who makes such a request
  170  may desire the same certified copies of such opinions and
  171  decisions, upon receiving any required fees his or her fees
  172  therefor.
  173         Section 6. Section 35.23, Florida Statutes, is amended to
  174  read:
  175         35.23 Location of clerk’s office.—Each clerk shall have an
  176  office keep his or her records at the headquarters of the
  177  district court of appeal.
  178         Section 7. Section 35.24, Florida Statutes, is amended to
  179  read:
  180         35.24 Maintenance Custody of books, records, and other
  181  materials etc.—All books, papers, records, files and the seal of
  182  each district court of appeal shall be maintained by, and in the
  183  control of, kept in the office of the clerk of the said court.
  184         Section 8. Subsection (2) of section 40.23, Florida
  185  Statutes, is amended to read:
  186         40.23 Summoning jurors.—
  187         (2) The jury service of any person who has been summoned
  188  may be postponed for a period not to exceed 6 months upon
  189  written or oral request. However, if either a public health
  190  emergency has been declared by the State Health Officer pursuant
  191  to s. 381.00315 or a state of emergency has been declared by the
  192  Governor pursuant to s. 252.36(2), the jury service of any
  193  person who has been summoned may be postponed for a period not
  194  to exceed 12 months upon written or oral request. The request
  195  may specify a date or period of time to which service is to be
  196  postponed and, if so, shall be given consideration when the
  197  assignment of the postponed date of jury service is made.
  198         Section 9. Paragraph (d) of subsection (3) of section
  199  812.014, Florida Statutes, is amended to read:
  200         812.014 Theft.—
  201         (3)
  202         (d)1. A judgment of guilty or not guilty of a petit theft
  203  must shall be in:
  204         a. A written record that is signed by the judge and
  205  recorded by the clerk of the circuit court; or
  206         b. An electronic record that contains the judge’s
  207  electronic signature as defined in s. 933.40 and is recorded by
  208  the clerk of the circuit court.
  209         2. A At the time a defendant is found guilty of petit
  210  theft, the judge shall cause the following to occur in open
  211  court and in the judge’s presence:
  212         a. For a written judgment of guilty, the fingerprints of a
  213  the defendant who is found guilty of petit theft to against whom
  214  such judgment is rendered shall be manually taken or
  215  electronically captured and affixed beneath the judge’s
  216  signature on the judgment. Beneath Such fingerprints must be
  217  certified and filed in the case in which the judgment of guilty
  218  is entered as provided in s. 921.241(3). shall be appended a
  219  certificate to the following effect:
  220  
  221         “I hereby certify that the above and foregoing fingerprints
  222  on this judgment are the fingerprints of the defendant, ....,
  223  and that they were placed thereon by said defendant in my
  224  presence, in open court, this the .... day of ....,
  225  ...(year)....”
  226  
  227  Such certificate shall be signed by the judge, whose signature
  228  thereto shall be followed by the word “Judge.”
  229         b. For an electronic judgment of guilty, the fingerprints
  230  of the defendant must be electronically captured and a
  231  certificate must be issued as provided in s. 921.241(3)(b).
  232         3. A written or an electronic judgment of guilty of a petit
  233  theft, or a certified copy thereof, is admissible in evidence in
  234  the courts of this state as provided in s. 921.241(4).
  235         Section 10. Section 921.241, Florida Statutes, is amended
  236  to read:
  237         921.241 Felony judgments and; fingerprints and social
  238  security number required in record.—
  239         (1) As used in this section, the term:
  240         (a) “Electronic signature” has the same meaning as in s.
  241  933.40.
  242         (b) “Transaction control number” means the unique
  243  identifier comprised of numbers, letters, or other symbols for a
  244  digital fingerprint record generated by the device used to
  245  electronically capture the fingerprints.
  246         (2) A judgment of guilty or not guilty of a felony must
  247  shall be in:
  248         (a) A written record that is signed by the judge and
  249  recorded by the clerk of the court; or
  250         (b) An electronic record that contains the judge’s
  251  electronic signature and is recorded by the clerk of the court.
  252         (3) A At the time a defendant is found guilty of a felony,
  253  the judge shall cause the following to occur in open court and
  254  in the judge’s presence:
  255         (a) For a written judgment of guilty, the fingerprints of a
  256  the defendant who is found guilty of a felony to shall be
  257  manually taken or electronically captured. If the fingerprints
  258  are:
  259         (a)Manually taken, the fingerprints must be filed in the
  260  case in which and affixed beneath the judge’s signature on the
  261  judgment of guilty is entered. Beneath such fingerprints shall
  262  be appended a certification certificate to the following effect:
  263  
  264         “I hereby certify that the above and foregoing fingerprints
  265  on this judgment are the fingerprints of the defendant, ....,
  266  and that they were placed thereon by said defendant in my
  267  presence, in open court, this the .... day of ....,
  268  ...(year)....”
  269  
  270  The court officer, the employee of the court, or the employee of
  271  a criminal justice agency who manually took the fingerprints
  272  shall place his or her written signature on the certification.
  273  Such certificate shall be signed by the judge, whose signature
  274  thereto shall be followed by the word “Judge.”
  275         (b) For an electronic judgment of guilty, the fingerprints
  276  of the defendant shall be Electronically captured, and the
  277  following certification must certificate shall be filed in the
  278  case in which included in the electronic judgment of guilty is
  279  entered:
  280  
  281         “I hereby certify that the digital fingerprint record
  282  associated with Transaction Control Number .... contains the
  283  fingerprints of the defendant, ...., which were electronically
  284  captured from the defendant in my presence, in open court, this
  285  the .... day of ...., ...(year)....”
  286  
  287  The court officer, the employee of the court, or the employee of
  288  a criminal justice agency who electronically captured the
  289  fingerprints judge shall place his or her written or electronic
  290  signature, which shall be followed by the word “Judge,” on the
  291  certification certificate.
  292         (4) A written or electronic judgment of guilty, or a
  293  certified copy thereof, is shall be admissible in evidence in
  294  the several courts of this state as prima facie evidence that
  295  the:
  296         (a) Manual fingerprints filed in the case in which the
  297  judgment of guilty is entered appearing thereon and certified by
  298  the judge as specified in this section aforesaid are the
  299  fingerprints of the defendant against whom the judgment of
  300  guilty was rendered.
  301         (b) Digital fingerprint record associated with the
  302  transaction control number specified in the certification
  303  required by this section and filed in the case in which the
  304  judgment of guilty is entered judge’s certificate contains the
  305  fingerprints of the defendant against whom the judgment of
  306  guilty was rendered.
  307         (5) At the time the defendant’s fingerprints are manually
  308  taken or electronically captured, the judge shall also cause the
  309  defendant’s social security number to be taken. The defendant’s
  310  social security number shall be specified in each written or
  311  electronic judgment of guilty of a felony, in open court, in the
  312  presence of such judge, and at the time the judgment is
  313  rendered. If the defendant is unable or unwilling to provide his
  314  or her social security number, the reason for its absence shall
  315  be specified in the written or electronic judgment.
  316         Section 11. Section 921.242, Florida Statutes, is amended
  317  to read:
  318         921.242 Subsequent offenses under chapter 796; method of
  319  proof applicable.—
  320         (1) A judgment of guilty with respect to any offense
  321  governed by the provisions of chapter 796 must shall be in:
  322         (a) A written record that is signed by the judge and
  323  recorded by the clerk of the circuit court; or
  324         (b) An electronic record that contains the judge’s
  325  electronic signature as defined in s. 933.40 and is recorded by
  326  the clerk of the circuit court.
  327         (2) A At the time a defendant is found guilty, the judge
  328  shall cause the following to occur in open court and in the
  329  judge’s presence:
  330         (a) For a written judgment of guilty, the fingerprints of a
  331  the defendant who is found guilty of any offense governed by
  332  chapter 796 to against whom such judgment is rendered shall be
  333  manually taken or electronically captured. and affixed beneath
  334  the judge’s signature on the judgment. Beneath Such fingerprints
  335  must be certified and filed in the case in which the judgment of
  336  guilty is entered as provided in s. 921.241(3). shall be
  337  appended a certificate to the following effect:
  338  
  339         “I hereby certify that the above and foregoing fingerprints
  340  are of the defendant, ...(name)..., and that they were placed
  341  thereon by said defendant in my presence, in open court, this
  342  the .... day of ...., ...(year)....”
  343  
  344  Such certificate shall be signed by the judge, whose signature
  345  thereto shall be followed by the word “Judge.”
  346         (b) For an electronic judgment of guilty, the fingerprints
  347  of the defendant must be electronically captured, and a
  348  certificate must be issued as provided in s. 921.241(3)(b).
  349         (3) A written or an electronic judgment of guilty, or a
  350  certified copy thereof, is shall be admissible in evidence in
  351  the several courts of this state as provided in s. 921.241(4).
  352         Section 12. This act shall take effect July 1, 2021.