Bill Text: FL H0735 | 2010 | Regular Session | Introduced

---

Bill Title: State Judicial System

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Civil Justice & Courts Policy (CCJP) [H0735 Detail]

Download: Florida-2010-H0735-Introduced.html

---

HB 735

1	A bill to be entitled
2	An act relating to the state judicial system; amending s.
3	2.01, F.S.; construing application of the common and
4	statute laws of England to this state; amending s. 25.382,
5	F.S.; revising a definition; expanding the list of
6	recipients required to be provided a certain annual report
7	of the Florida Supreme Court; specifying a required use of
8	such report; requiring the Supreme Court to develop a plan
9	for certain civics promotion and judicial branch education
10	purposes; requiring an annual plan implementation report;
11	specifying report recipients and uses; requiring the
12	Supreme Court to submit to certain recipients all final
13	reports completed by certain committees; specifying uses
14	of such reports; requiring the Auditor General and the
15	Office of Program Policy Analysis and Government
16	Accountability to conduct biennial full audit reviews and
17	examinations of the state courts system; requiring
18	reports; specifying recipients of the reports; amending s.
19	26.012, F.S.; specifying certain additional jurisdiction
20	of circuit courts; establishing certain divisions within
21	each judicial circuit for certain purposes; providing for
22	administration of the divisions; amending s. 43.20, F.S.;
23	correcting a cross-reference; increasing membership of the
24	Judicial Qualifications Commission; revising expenses
25	authorization for the commission; requiring the commission
26	to hire staff for each commission panel; providing
27	requirements for staff committees for commission panels;
28	requiring reports of staff committees; specifying
29	recipients of the reports for certain purposes;
30	designating such reports as public records; requiring the
31	commission to adopt rules; requiring the Auditor General
32	and the Office of Program Policy Analysis and Government
33	Accountability to conduct biennial full audit reviews and
34	examinations of the commission; requiring reports;
35	specifying recipients of the reports; specifying
36	application of certain provisions; providing an effective
37	date.
38
39	Be It Enacted by the Legislature of the State of Florida:
40
41	Section 1. Section 2.01, Florida Statutes, is amended to
42	read:
43	2.01 Common law and certain statutes declared in force.-
44	(1) The common and statute laws of England which are of a
45	general and not a local nature, with the exception hereinafter
46	mentioned, down to the 4th day of July, 1776, are declared to be
47	of force in this state to the extent such common and statute
48	laws are; provided, the said statutes and common law be not
49	inconsistent with the Constitution and laws of the United States
50	and the acts of the Legislature of this state.
51	(2) Notwithstanding subsection (1), provisions including,
52	but not limited to, the following are declared to be of force in
53	this state:
54	(a) Those clearly expressed, or obviously and reasonably
55	implied without clear expression, in the language and wording of
56	the acts of the Legislature.
57	(b) Those that provide for rights and claims in tort
58	liability for acts committed directly or indirectly involving
59	judicial and administrative proceedings. In such cases,
60	litigation privilege or judicial, qualified, or absolute
61	immunity and similar privileges and immunities are not and may
62	not be considered as viable or valid defenses.
63	(c) Those relating to claims for or defenses of abuse of
64	process, malicious prosecution, and fraud upon the court, also
65	known as extrinsic fraud, that must be strictly enforced. In
66	such cases, litigation privilege or judicial, qualified, or
67	absolute immunity and similar privileges and immunities are not
68	and may not be considered as viable or valid defenses.
69	(d) Those relating to criminal offenses under 18 U.S.C.
70	ss. 241 and 242 and claims under 42 U.S.C. ss. 1983, 1985, 1986,
71	and 1988, as prescribed by federal statutes and the decisions of
72	the federal courts.
73	Section 2. Subsections (1) and (4) of section 25.382,
74	Florida Statutes, are amended, and subsections (5), (6), and (7)
75	are added to that section, to read:
76	25.382 State courts system.-
77	(1) As used in this section, "state courts system" means
78	all officers, employees, and divisions of the Supreme Court,
79	district courts of appeal, circuit courts, and county courts,
80	also known as the judicial branch of state government.
81	(4) The Supreme Court shall ensure that clearly written
82	policies, procedures, and goals for the recruitment, selection,
83	promotion, and retention of minorities, including minority
84	women, are established throughout all levels of the judicial
85	system. An annual report shall be submitted to the Chief Justice
86	outlining progress, problems, and corrective actions relating to
87	the implementation of this plan shall be submitted to the Chief
88	Justice, the Governor, the President of the Senate, and the
89	Speaker of the House of Representatives. Three copies of the
90	report shall be submitted to each legislative substantive and
91	appropriations committee having jurisdiction over state courts
92	or judicial matters. The report shall be used for legislative
93	interim projects.
94	(5) The Supreme Court shall ensure that clearly written
95	policies, procedures, and goals are developed into a plan for
96	promoting civics for residents of this state, together with
97	education concerning the judicial branch in order to develop
98	trust and confidence in the state's judicial system. An annual
99	report outlining progress, problems, and corrective actions
100	relating to the implementation of this plan shall be submitted
101	to the Chief Justice, the Governor, the Cabinet, the President
102	of the Senate, and the Speaker of the House of Representatives.
103	Three copies of the report shall be submitted to each
104	legislative substantive and appropriations committee having
105	jurisdiction over state courts or judicial matters. The report
106	shall be used for legislative interim projects.
107	(6) The Supreme Court shall submit all final reports
108	completed by assigned court committees, whether by rule or
109	order, dating from 2000 and thereafter, as follows: one copy
110	each to the Governor, the Cabinet, the President of the Senate,
111	and the Speaker of the House of Representatives and three copies
112	to each legislative substantive and appropriations committee
113	having jurisdiction over state courts or judicial matters. The
114	reports may be used for legislative interim projects.
115	(7) Pursuant to ss. 11.45(2)(a), 11.51(1), and 11.513(5),
116	the Auditor General and the Office of Program Policy Analysis
117	and Government Accountability shall conduct a full audit review
118	and examination of the state courts system and prepare a report
119	containing appropriate recommendations. The audit must be
120	conducted every 2 years beginning July 1, 2011, in accordance
121	with the full authority and responsibilities conferred upon the
122	Auditor General and the Office of Program Policy Analysis and
123	Government Accountability by general law. The report and
124	recommendations must be submitted within 1 year after the audit
125	to the chair and vice chair of the Legislative Budget
126	Commission, the chair and vice chair of the Legislative Auditing
127	Committee, the Governor, and the Chief Justice of the Supreme
128	Court.
129	Section 3. Subsection (1) of section 26.012, Florida
130	Statutes, is amended, and subsection (6) is added to that
131	section, to read:
132	26.012 Jurisdiction of circuit court.-
133	(1) Circuit courts shall have jurisdiction of appeals from
134	county courts except appeals of county court orders or judgments
135	declaring invalid a state statute or a provision of the State
136	Constitution and except orders or judgments of a county court
137	which are certified by the county court to the district court of
138	appeal to be of great public importance and which are accepted
139	by the district court of appeal for review. Circuit courts shall
140	have jurisdiction of interlocutory appeals from orders on
141	motions to dismiss, for final dismissal, and for summary
142	judgment rendered in cases in which a circuit court has
143	exclusive original jurisdiction. Circuit courts shall have
144	jurisdiction of appeals from final administrative orders of
145	local government code enforcement boards.
146	(6) The following special divisions of judicial circuits
147	are created:
148	(a) Unified family courts.-A unified family division is
149	established in each judicial circuit for the purpose of
150	consolidating cases and integrating subject matter pertaining to
151	children and their families who are parties or persons of
152	interest in proceedings or matters under chapters 39, 61, and
153	63, s. 68.07, and chapters 88, 741, 742, 743, 984, 985, and
154	1003. Each judicial circuit shall administer the division as
155	prescribed by general law or s. 43.30 for the resolution of
156	disputes involving children and families through a fully
157	integrated, comprehensive approach that includes coordinated
158	case management; the concept of "one family, one judge";
159	collaboration with the community for referral to needed
160	services; and methods of alternative dispute resolution.
161	(b) Teen courts.-A teen division is established in each
162	judicial circuit for the purpose of administering teen courts as
163	provided by s. 938.19. Each judicial circuit shall administer
164	the division as prescribed by general law or s. 43.30.
165	(c) Drug and mental health courts.-A drug and mental
166	health division is established in each judicial circuit for the
167	purpose of administering the programs under ss. 394.656,
168	394.658, and 397.334. Each judicial circuit shall administer the
169	division as prescribed by general law or s. 43.30.
170	Section 4. Subsections (1), (2), and (5) of section 43.20,
171	Florida Statutes, are amended, and subsections (6) and (7) are
172	added to that section, to read:
173	43.20 Judicial Qualifications Commission.-
174	(1) PURPOSE.-The purpose of this section is to implement
175	s. 12(a)(b), Art. V of the State Constitution which provides for
176	a Judicial Qualifications Commission.
177	(2) MEMBERSHIP; TERMS.-The commission shall consist of 15
178	13 members. The members of the commission shall serve for terms
179	of 6 years.
180	(5) EXPENSES.-The compensation of members and their staff
181	and referees shall be the travel expense or transportation and
182	per diem allowance provided by s. 112.061. Other administrative
183	costs and expenses shall be appropriated under the state courts
184	system.
185	(6) COMMISSION STAFF.-The commission shall hire separate
186	staff for each commission panel, which staff may be compensated
187	or may be provided by volunteer services.
188	(a) Staff for each commission panel must consist of at
189	least one designated staff committee of five common citizen
190	electors to assist and engage in the deliberations for each
191	panel of members of the commission in carrying out its powers
192	and duties. Such designated staff committee must consist of
193	persons who are not considered to be officers of the court. The
194	designated staff committee shall prepare a report of suggestions
195	or comments.
196	(b) The designated staff committee shall provide a copy of
197	the report of its suggestions or comments to:
198	1. The hearing panel upon submission of formal charges by
199	the commission's investigative panel to assist the hearing panel
200	in its pending proceedings and final recommendations.
201	2. The Supreme Court, together with the recommendations of
202	the commission's hearing panel, to assist the Supreme Court in
203	its final determination.
204	(c) The reports of the suggestions or comments of the
205	designated staff committee shall be public records and available
206	upon the final determination of any case rendered by any
207	commission panel.
208	(d) The commission shall adopt rules to implement this
209	subsection.
210	(7) COMMISSION ACCOUNTABILITY AND EFFICIENCY.-Pursuant to
211	ss. 11.45(2)(a), 11.51(1), and 11.513(5), the Auditor General
212	and the Office of Program Policy Analysis and Government
213	Accountability shall conduct a full audit review and examination
214	of the commission and prepare a report containing appropriate
215	recommendations. The audit must be conducted every 2 years
216	commencing July 1, 2011, in accordance with the full authority
217	and responsibilities conferred upon the Auditor General and the
218	Office of Program Policy Analysis and Government Accountability
219	by general law. The report and recommendations shall be
220	submitted within 1 year after the audit to the chair and vice
221	chair of the Legislative Budget Commission, the chair and vice
222	chair of the Legislative Auditing Committee, the Governor, and
223	the Chief Justice of the Supreme Court.
224	Section 5. The amendment to section 2.01, Florida
225	Statutes, made by this act applies retroactively and
226	prospectively.
227	Section 6. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.