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

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-Introduced.html

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       Florida Senate - 2014                                     SB 828
       
       
        
       By Senator Bradley
       
       
       
       
       
       7-00992-14                                             2014828__
    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         ss. 27.50 and 27.55, F.S., relating to the
   26         qualifications, election, compensation, and certain
   27         expenditures of public defenders; creating s. 29.23,
   28         F.S.; providing for certain judicial branch salaries;
   29         repealing ss. 35.12, 35.13, 35.19, and 35.21, F.S.,
   30         relating to the chief judge, quorum, compensation of
   31         judges, and clerk, respectively, of the district
   32         courts of appeal; amending s. 35.22, F.S.; deleting a
   33         requirement for the appointment and salary of a clerk
   34         for each district court of appeal; repealing ss. 35.25
   35         and 35.27, F.S., relating to duties of the clerk and
   36         compensation of the marshal, respectively, of the
   37         district courts of appeal; repealing s. 38.13, F.S.,
   38         relating to replacement of disqualified judges of the
   39         district courts of appeal; amending s. 43.20, F.S.;
   40         revising the number of members of the Judicial
   41         Qualifications Commission to conform to requirements
   42         of the State Constitution; repealing s. 57.101, F.S.,
   43         relating to the charging of costs against the losing
   44         party for certain copies of records in the Supreme
   45         Court; repealing s. 92.15, F.S., relating to an
   46         evidentiary rule regarding evidence of title to land
   47         passing from the United States; providing an effective
   48         date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Section 25.151, Florida Statutes, is repealed.
   53         Section 2. Sections 25.191 and 25.231, Florida Statutes,
   54  are repealed.
   55         Section 3. Subsection (1) of section 25.241, Florida
   56  Statutes, is amended to read:
   57         25.241 Clerk of Supreme Court; compensation; assistants;
   58  filing fees, etc.—
   59         (1) The Clerk of the Supreme Court shall be paid an annual
   60  salary to be determined in accordance with s. 25.382.
   61         Section 4. Section 25.281, Florida Statutes, is repealed.
   62         Section 5. Section 25.351, Florida Statutes, is repealed.
   63         Section 6. Section 26.01, Florida Statutes, is repealed.
   64         Section 7. Section 26.021, Florida Statutes, is amended to
   65  read:
   66         26.021 Judicial circuits; judges.—The state is divided into
   67  20 judicial circuits:
   68         (1) The first circuit is composed of Escambia, Okaloosa,
   69  Santa Rosa, and Walton Counties.
   70         (2) The second circuit is composed of Franklin Leon,
   71  Gadsden, Jefferson, Leon, Liberty, and Wakulla, Liberty, and
   72  Franklin Counties.
   73         (3) The third circuit is composed of Columbia, Dixie,
   74  Hamilton, Lafayette, Madison, Suwannee, and Taylor Counties.
   75         (4) The fourth circuit is composed of Clay, Duval, and
   76  Nassau Counties.
   77         (5) The fifth circuit is composed of Citrus, Hernando,
   78  Lake, Marion, and Sumter Counties. Two of the circuit judges
   79  authorized for the fifth circuit shall reside in either Citrus,
   80  Hernando, or Sumter County, and neither of such two judges shall
   81  reside in the same county.
   82         (6) The sixth circuit is composed of Pasco and Pinellas
   83  Counties.
   84         (7) The seventh circuit is composed of Flagler, Putnam, St.
   85  Johns, and Volusia Counties. One judge shall reside in Flagler
   86  County; two judges shall reside in Putnam County; two judges
   87  shall reside in St. Johns County; and three judges shall reside
   88  in Volusia County. There shall be no residency requirement for
   89  any other judges in the circuit.
   90         (8) The eighth circuit is composed of Alachua, Baker,
   91  Bradford, Gilchrist, Levy, and Union Counties.
   92         (9) The ninth circuit is composed of Orange and Osceola
   93  Counties.
   94         (10) The tenth circuit is composed of Hardee, Highlands,
   95  and Polk Counties.
   96         (11) The eleventh circuit is composed of Miami-Dade County.
   97         (12) The twelfth circuit is composed of Desoto, Manatee,
   98  and Sarasota, and DeSoto Counties.
   99         (13) The thirteenth circuit is composed of Hillsborough
  100  County.
  101         (14) The fourteenth circuit is composed of Bay, Calhoun,
  102  Gulf, Holmes, Jackson, and Washington Counties.
  103         (15) The fifteenth circuit is composed of Palm Beach
  104  County.
  105         (16) The sixteenth circuit is composed of Monroe County.
  106  One judge in the circuit shall reside in the middle or upper
  107  Keys. There shall be no residency requirement for any other
  108  judge in the circuit.
  109         (17) The seventeenth circuit is composed of Broward County.
  110         (18) The eighteenth circuit is composed of Brevard and
  111  Seminole Counties.
  112         (19) The nineteenth circuit is composed of Indian River,
  113  Martin, Okeechobee, and St. Lucie Counties.
  114         (20) The twentieth circuit is composed of Charlotte,
  115  Collier, Glades, Hendry, and Lee Counties.
  116         (21) Notwithstanding subsections (1)-(20), the territorial
  117  jurisdiction of a circuit court may be expanded as provided for
  118  in s. 910.03(3).
  119  
  120  The judicial nominating commission of each circuit, in
  121  submitting nominations for any vacancy in a judgeship, and the
  122  Governor, in filling any vacancy for a judgeship, shall consider
  123  whether the existing judges within the circuit, together with
  124  potential nominees or appointees, reflect the geographic
  125  distribution of the population within the circuit, the
  126  geographic distribution of the caseload within the circuit, the
  127  racial and ethnic diversity of the population within the
  128  circuit, and the geographic distribution of the racial and
  129  ethnic minority population within the circuit.
  130         Section 8. Section 26.51, Florida Statutes, is repealed.
  131         Section 9. Section 26.55, Florida Statutes, is amended to
  132  read:
  133         26.55 Conference of Circuit Judges of Florida; duties and
  134  reports.—
  135         (1) There is created and established the Conference of
  136  Circuit Judges of Florida. The conference consists shall consist
  137  of the active and retired circuit judges of the several judicial
  138  circuits of the state, excluding retired judges practicing law.
  139         (2) The conference shall annually elect a chair. The chair,
  140  whose duty it shall be to call all meetings and to appoint
  141  committees to effectuate the purposes of the conference. It is
  142  declared to be an official function of each circuit judge to
  143  attend the meetings of the conference. It is also an official
  144  function of each circuit judge to participate in the activity of
  145  each committee to the membership of which such judge is
  146  appointed.
  147         (3)(a) It is declared to be the responsibility of The
  148  conference shall operate according to the Rules of Judicial
  149  Administration adopted by the Supreme Court. The
  150  responsibilities of the conference include to:
  151         (a)1. Considering and making Consider and make
  152  recommendations concerning the betterment of the judicial system
  153  of the state and its various parts;
  154         (b)2. Considering and making Consider and make
  155  recommendations concerning the improvement of rules and methods
  156  of procedure and practice in the several courts; and
  157         (c)3. Reporting Report to the Supreme Court its such
  158  findings and recommendations under this subsection; and as the
  159  conference may have with reference thereto.
  160         (d)(b) Providing Not less than 60 days before the convening
  161  of the regular session of the Legislature with, the chair of the
  162  conference shall report to the President of the Senate and the
  163  Speaker of the House such recommendations as the conference may
  164  have concerning defects in the laws of this state and such
  165  amendments or additional legislation as the conference may deem
  166  necessary regarding the administration of justice.
  167         Section 10. Sections 27.50 and 27.55, Florida Statutes, are
  168  repealed.
  169         Section 11. Section 29.23, Florida Statutes, is created to
  170  read:
  171         29.23 Salaries of certain positions in the judicial
  172  branch.—
  173         (1) The salaries of justices, judges of the district courts
  174  of appeal, circuit judges, and county judges shall be fixed
  175  annually in the General Appropriations Act.
  176         (2) The clerk and the marshal of the Supreme Court, or a
  177  clerk or marshal of a district court of appeal, shall be paid an
  178  annual salary to be determined in accordance with s. 25.382(3).
  179         Section 12. Sections 35.12, 35.13, 35.19, and 35.21,
  180  Florida Statutes, are repealed.
  181         Section 13. Subsection (1) of section 35.22, Florida
  182  Statutes, is amended to read:
  183         35.22 Clerk of district court; appointment; compensation;
  184  assistants; filing fees; teleconferencing.—
  185         (1) Each district court of appeal shall appoint a clerk who
  186  shall be paid an annual salary to be determined in accordance
  187  with s. 25.382.
  188         (1)(2) The clerk may is authorized to employ such deputies
  189  and clerical assistants as may be necessary. Their number and
  190  compensation shall be approved by the court, and paid from the
  191  annual appropriation for the district courts of appeal.
  192         (2)(3)(a) The clerk, upon the filing of a certified copy of
  193  a notice of appeal or petition, shall charge and collect a
  194  filing fee of $300 for each case docketed, and service charges
  195  as provided in s. 28.24 for copying, certifying or furnishing
  196  opinions, records, papers or other instruments and for other
  197  services. The state of Florida or its agencies, when appearing
  198  as appellant or petitioner, is exempt from the filing fee
  199  required in this subsection. From each attorney appearance pro
  200  hac vice, The clerk shall collect from each attorney appearance
  201  pro hac vice a fee of $100 for deposit as provided in this
  202  section.
  203         (b) Upon the filing of a notice of cross-appeal, or a
  204  notice of joinder or motion to intervene as an appellant, cross
  205  appellant, or petitioner, the clerk shall charge and collect a
  206  filing fee of $295. The clerk shall remit the fee to the
  207  Department of Revenue for deposit into the General Revenue Fund.
  208  The state and its agencies are exempt from the filing fee
  209  required by this paragraph.
  210         (3)(4) The opinions of the district court of appeal may
  211  shall not be recorded, but the original as filed shall be
  212  preserved with the record in each case.
  213         (4)(5) The clerk may is authorized immediately, after a
  214  case is disposed of, to supply the judge who tried the case and
  215  from whose order, judgment, or decree, appeal or other review is
  216  taken, a copy of all opinions, orders, or judgments filed in
  217  such case. Copies of opinions, orders, and decrees shall be
  218  furnished in all cases to each attorney of record and for
  219  publication in Florida reports to the authorized publisher
  220  without charge, and copies furnished to other law book
  221  publishers at one-half the regular statutory fee.
  222         (5)(6) The clerk of each district court of appeal shall is
  223  required to deposit all fees collected in the State Treasury to
  224  the credit of the General Revenue Fund, except that $50 of each
  225  $300 filing fee collected shall be deposited into the State
  226  Courts Revenue Trust Fund to fund court operations as authorized
  227  in the General Appropriations Act. The clerk shall retain an
  228  accounting of each such remittance.
  229         (6)(7) The clerk of the district court of appeal may is
  230  authorized to collect a fee from the parties to an appeal
  231  reflecting the actual cost of conducting the proceeding through
  232  teleconferencing if where the parties have requested that an
  233  oral argument or mediation be conducted through
  234  teleconferencing. The fee collected for this purpose shall be
  235  used to offset the expenses associated with scheduling the
  236  teleconference and shall be deposited in the State Courts
  237  Revenue Trust Fund.
  238         Section 14. Sections 35.25 and 35.27, Florida Statutes, are
  239  repealed.
  240         Section 15. Section 38.13, Florida Statutes, is repealed.
  241         Section 16. Subsection (2) of section 43.20, Florida
  242  Statutes, is amended to read:
  243         43.20 Judicial Qualifications Commission.—
  244         (2) MEMBERSHIP; TERMS.—The commission shall consist of 15
  245  13 members. The members of the commission shall serve for terms
  246  of 6 years.
  247         Section 17. Section 57.101, Florida Statutes, is repealed.
  248         Section 18. Section 92.15, Florida Statutes, is repealed.
  249         Section 19. This act shall take effect July 1, 2014.