Bill Text: FL S0828 | 2014 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Court System

Spectrum: Bipartisan Bill

Status: (Passed) 2014-06-20 - Chapter No. 2014-182 [S0828 Detail]

Download: Florida-2014-S0828-Engrossed.html

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       CS for SB 828                              First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2014828e1
       
    1                        A bill to be entitled                      
    2         An act relating to the court system; repealing s.
    3         25.151, F.S., relating to a prohibition on the
    4         practice of law by a retired justice of the Supreme
    5         Court; repealing ss. 25.191 and 25.231, F.S., relating
    6         to the appointment and duties of a Clerk of the
    7         Supreme Court; amending s. 25.241, F.S.; deleting a
    8         requirement regarding the salary of the Clerk of the
    9         Supreme Court, to conform; repealing s. 25.281, F.S.,
   10         relating to compensation of the Marshal of the Supreme
   11         Court; repealing s. 25.351, F.S., relating to the
   12         acquisition of books by the Supreme Court; repealing
   13         s. 26.01, F.S., relating to the number of judicial
   14         circuits; amending s. 26.021, F.S.; specifying the
   15         number of judicial circuits; repealing certain
   16         residency requirements for circuit judges; repealing
   17         s. 26.51, F.S., relating to payment of the salaries of
   18         circuit judges; amending s. 26.55, F.S.; excluding
   19         retired judges practicing law from the Conference of
   20         Circuit Judges of Florida; removing a requirement that
   21         circuit court judges attend and participate in such
   22         conference; requiring that the conference operate
   23         according to the Rules of Judicial Administration;
   24         revising requirements for such conferences; repealing
   25         s. 27.55, F.S., relating to compensation and certain
   26         expenditures of public defenders; creating s. 29.23,
   27         F.S.; providing for certain judicial branch salaries;
   28         repealing ss. 35.12, 35.13, 35.19, and 35.21, F.S.,
   29         relating to the chief judge, quorum, compensation of
   30         judges, and clerk, respectively, of the district
   31         courts of appeal; amending s. 35.22, F.S.; deleting a
   32         requirement for the appointment and salary of a clerk
   33         for each district court of appeal; repealing ss. 35.25
   34         and 35.27, F.S., relating to duties of the clerk and
   35         compensation of the marshal, respectively, of the
   36         district courts of appeal; repealing s. 38.13, F.S.,
   37         relating to replacement of disqualified judges of the
   38         district courts of appeal; amending s. 43.20, F.S.;
   39         revising the number of members of the Judicial
   40         Qualifications Commission to conform to requirements
   41         of the State Constitution; repealing s. 57.101, F.S.,
   42         relating to the charging of costs against the losing
   43         party for certain copies of records in the Supreme
   44         Court; repealing s. 92.15, F.S., relating to an
   45         evidentiary rule regarding evidence of title to land
   46         passing from the United States; providing an effective
   47         date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Section 25.151, Florida Statutes, is repealed.
   52         Section 2. Sections 25.191 and 25.231, Florida Statutes,
   53  are repealed.
   54         Section 3. Subsection (1) of section 25.241, Florida
   55  Statutes, is amended to read:
   56         25.241 Clerk of Supreme Court; compensation; assistants;
   57  filing fees, etc.—
   58         (1) The Clerk of the Supreme Court shall be paid an annual
   59  salary to be determined in accordance with s. 25.382.
   60         Section 4. Section 25.281, Florida Statutes, is repealed.
   61         Section 5. Section 25.351, Florida Statutes, is repealed.
   62         Section 6. Section 26.01, Florida Statutes, is repealed.
   63         Section 7. Section 26.021, Florida Statutes, is amended to
   64  read:
   65         26.021 Judicial circuits; judges.—The state is divided into
   66  20 judicial circuits:
   67         (1) The first circuit is composed of Escambia, Okaloosa,
   68  Santa Rosa, and Walton Counties.
   69         (2) The second circuit is composed of Franklin Leon,
   70  Gadsden, Jefferson, Leon, Liberty, and Wakulla, Liberty, and
   71  Franklin Counties.
   72         (3) The third circuit is composed of Columbia, Dixie,
   73  Hamilton, Lafayette, Madison, Suwannee, and Taylor Counties.
   74         (4) The fourth circuit is composed of Clay, Duval, and
   75  Nassau Counties.
   76         (5) The fifth circuit is composed of Citrus, Hernando,
   77  Lake, Marion, and Sumter Counties. Two of the circuit judges
   78  authorized for the fifth circuit shall reside in either Citrus,
   79  Hernando, or Sumter County, and neither of such two judges shall
   80  reside in the same county.
   81         (6) The sixth circuit is composed of Pasco and Pinellas
   82  Counties.
   83         (7) The seventh circuit is composed of Flagler, Putnam, St.
   84  Johns, and Volusia Counties. One judge shall reside in Flagler
   85  County; two judges shall reside in Putnam County; two judges
   86  shall reside in St. Johns County; and three judges shall reside
   87  in Volusia County. There shall be no residency requirement for
   88  any other judges in the circuit.
   89         (8) The eighth circuit is composed of Alachua, Baker,
   90  Bradford, Gilchrist, Levy, and Union Counties.
   91         (9) The ninth circuit is composed of Orange and Osceola
   92  Counties.
   93         (10) The tenth circuit is composed of Hardee, Highlands,
   94  and Polk Counties.
   95         (11) The eleventh circuit is composed of Miami-Dade County.
   96         (12) The twelfth circuit is composed of DeSoto, Manatee,
   97  and Sarasota, and DeSoto Counties.
   98         (13) The thirteenth circuit is composed of Hillsborough
   99  County.
  100         (14) The fourteenth circuit is composed of Bay, Calhoun,
  101  Gulf, Holmes, Jackson, and Washington Counties.
  102         (15) The fifteenth circuit is composed of Palm Beach
  103  County.
  104         (16) The sixteenth circuit is composed of Monroe County.
  105  One judge in the circuit shall reside in the middle or upper
  106  Keys. There shall be no residency requirement for any other
  107  judge in the circuit.
  108         (17) The seventeenth circuit is composed of Broward County.
  109         (18) The eighteenth circuit is composed of Brevard and
  110  Seminole Counties.
  111         (19) The nineteenth circuit is composed of Indian River,
  112  Martin, Okeechobee, and St. Lucie Counties.
  113         (20) The twentieth circuit is composed of Charlotte,
  114  Collier, Glades, Hendry, and Lee Counties.
  115         (21) Notwithstanding subsections (1)-(20), the territorial
  116  jurisdiction of a circuit court may be expanded as provided for
  117  in s. 910.03(3).
  118  
  119  The judicial nominating commission of each circuit, in
  120  submitting nominations for any vacancy in a judgeship, and the
  121  Governor, in filling any vacancy for a judgeship, shall consider
  122  whether the existing judges within the circuit, together with
  123  potential nominees or appointees, reflect the geographic
  124  distribution of the population within the circuit, the
  125  geographic distribution of the caseload within the circuit, the
  126  racial and ethnic diversity of the population within the
  127  circuit, and the geographic distribution of the racial and
  128  ethnic minority population within the circuit.
  129         Section 8. Section 26.51, Florida Statutes, is repealed.
  130         Section 9. Section 26.55, Florida Statutes, is amended to
  131  read:
  132         26.55 Conference of Circuit Judges of Florida; duties and
  133  reports.—
  134         (1) There is created and established the Conference of
  135  Circuit Judges of Florida. The conference consists shall consist
  136  of the active and retired circuit judges of the several judicial
  137  circuits of the state, excluding retired judges practicing law.
  138         (2) The conference shall annually elect a chair. The chair,
  139  whose duty it shall be to call all meetings and to appoint
  140  committees to effectuate the purposes of the conference. It is
  141  declared to be an official function of each circuit judge to
  142  attend the meetings of the conference. It is also an official
  143  function of each circuit judge to participate in the activity of
  144  each committee to the membership of which such judge is
  145  appointed.
  146         (3)(a) It is declared to be the responsibility of The
  147  conference shall operate according to the Rules of Judicial
  148  Administration adopted by the Supreme Court. The
  149  responsibilities of the conference include to:
  150         (a)1. Considering and making Consider and make
  151  recommendations concerning the betterment of the judicial system
  152  of the state and its various parts;
  153         (b)2. Considering and making Consider and make
  154  recommendations concerning the improvement of rules and methods
  155  of procedure and practice in the several courts; and
  156         (c)3. Reporting Report to the Supreme Court its such
  157  findings and recommendations under this subsection; and as the
  158  conference may have with reference thereto.
  159         (d)(b) Providing Not less than 60 days before the convening
  160  of the regular session of the Legislature with, the chair of the
  161  conference shall report to the President of the Senate and the
  162  Speaker of the House such recommendations as the conference may
  163  have concerning defects in the laws of this state and such
  164  amendments or additional legislation as the conference may deem
  165  necessary regarding the administration of justice.
  166         Section 10. Section 27.55, Florida Statutes, is repealed.
  167         Section 11. Section 29.23, Florida Statutes, is created to
  168  read:
  169         29.23 Salaries of certain positions in the judicial
  170  branch.—
  171         (1) The salaries of justices, judges of the district courts
  172  of appeal, circuit judges, and county judges shall be fixed
  173  annually in the General Appropriations Act.
  174         (2) The clerk and the marshal of the Supreme Court, or a
  175  clerk or marshal of a district court of appeal, shall be paid an
  176  annual salary to be determined in accordance with s. 25.382(3).
  177         Section 12. Sections 35.12, 35.13, 35.19, and 35.21,
  178  Florida Statutes, are repealed.
  179         Section 13. Section 35.22, Florida Statutes, is amended to
  180  read:
  181         35.22 Clerk of district court; appointment; compensation;
  182  assistants; filing fees; teleconferencing.—
  183         (1) Each district court of appeal shall appoint a clerk who
  184  shall be paid an annual salary to be determined in accordance
  185  with s. 25.382.
  186         (1)(2) The clerk may is authorized to employ such deputies
  187  and clerical assistants as may be necessary. Their number and
  188  compensation shall be approved by the court, and paid from the
  189  annual appropriation for the district courts of appeal.
  190         (2)(3)(a) The clerk, upon the filing of a certified copy of
  191  a notice of appeal or petition, shall charge and collect a
  192  filing fee of $300 for each case docketed, and service charges
  193  as provided in s. 28.24 for copying, certifying or furnishing
  194  opinions, records, papers or other instruments and for other
  195  services. The state of Florida or its agencies, when appearing
  196  as appellant or petitioner, is exempt from the filing fee
  197  required in this subsection. From each attorney appearance pro
  198  hac vice, The clerk shall collect from each attorney appearance
  199  pro hac vice a fee of $100 for deposit as provided in this
  200  section.
  201         (b) Upon the filing of a notice of cross-appeal, or a
  202  notice of joinder or motion to intervene as an appellant, cross
  203  appellant, or petitioner, the clerk shall charge and collect a
  204  filing fee of $295. The clerk shall remit the fee to the
  205  Department of Revenue for deposit into the General Revenue Fund.
  206  The state and its agencies are exempt from the filing fee
  207  required by this paragraph.
  208         (3)(4) The opinions of the district court of appeal may
  209  shall not be recorded, but the original as filed shall be
  210  preserved with the record in each case.
  211         (4)(5) The clerk may is authorized immediately, after a
  212  case is disposed of, to supply the judge who tried the case and
  213  from whose order, judgment, or decree, appeal or other review is
  214  taken, a copy of all opinions, orders, or judgments filed in
  215  such case. Copies of opinions, orders, and decrees shall be
  216  furnished in all cases to each attorney of record and for
  217  publication in Florida reports to the authorized publisher
  218  without charge, and copies furnished to other law book
  219  publishers at one-half the regular statutory fee.
  220         (5)(6) The clerk of each district court of appeal shall is
  221  required to deposit all fees collected in the State Treasury to
  222  the credit of the General Revenue Fund, except that $50 of each
  223  $300 filing fee collected shall be deposited into the State
  224  Courts Revenue Trust Fund to fund court operations as authorized
  225  in the General Appropriations Act. The clerk shall retain an
  226  accounting of each such remittance.
  227         (6)(7) The clerk of the district court of appeal may is
  228  authorized to collect a fee from the parties to an appeal
  229  reflecting the actual cost of conducting the proceeding through
  230  teleconferencing if where the parties have requested that an
  231  oral argument or mediation be conducted through
  232  teleconferencing. The fee collected for this purpose shall be
  233  used to offset the expenses associated with scheduling the
  234  teleconference and shall be deposited in the State Courts
  235  Revenue Trust Fund.
  236         Section 14. Sections 35.25 and 35.27, Florida Statutes, are
  237  repealed.
  238         Section 15. Section 38.13, Florida Statutes, is repealed.
  239         Section 16. Subsection (2) of section 43.20, Florida
  240  Statutes, is amended to read:
  241         43.20 Judicial Qualifications Commission.—
  242         (2) MEMBERSHIP; TERMS.—The commission shall consist of 15
  243  13 members. The members of the commission shall serve for terms
  244  of 6 years.
  245         Section 17. Section 57.101, Florida Statutes, is repealed.
  246         Section 18. Section 92.15, Florida Statutes, is repealed.
  247         Section 19. This act shall take effect July 1, 2014.