Bill Text: FL S1396 | 2018 | Regular Session | Comm Sub


Bill Title: Judicial Branch

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-03-08 - Laid on Table, refer to CS/HB 7061 [S1396 Detail]

Download: Florida-2018-S1396-Comm_Sub.html
       Florida Senate - 2018                      CS for CS for SB 1396
       
       
        
       By the Committees on Appropriations; and Judiciary; and Senators
       Steube and Brandes
       
       
       
       
       576-04146-18                                          20181396c2
    1                        A bill to be entitled                      
    2         An act relating to the judicial branch; creating s.
    3         25.025, F.S.; authorizing certain Supreme Court
    4         Justices to have an appropriate facility in their
    5         district of residence designated as their official
    6         headquarters; providing that an official headquarters
    7         may serve only as a justice’s private chambers;
    8         providing that such justices are eligible for a
    9         certain subsistence allowance and reimbursement for
   10         certain transportation expenses; requiring that such
   11         allowance and reimbursement be made to the extent
   12         appropriated funds are available, as determined by the
   13         Chief Justice; requiring the Chief Justice to
   14         coordinate with certain persons in implementing
   15         designations of official headquarters; providing that
   16         a county is not required to provide space for a
   17         justice in a county courthouse; authorizing counties
   18         to enter into agreements with the Supreme Court for
   19         the use of county courthouse space; prohibiting the
   20         Supreme Court from using state funds to lease space in
   21         a facility to allow a justice to establish an official
   22         headquarters; amending s. 26.031, F.S.; adding judges
   23         to the Ninth Judicial Circuit Court; amending s.
   24         29.008, F.S.; providing applicability and
   25         construction; amending s. 30.15, F.S.; requiring
   26         sheriffs to provide security for trial court
   27         facilities; requiring sheriffs to coordinate with a
   28         certain the chief judge on security matters for trial
   29         court facilities and to retain operational control
   30         over how they provide security for such facilities;
   31         specifying that the chief judge has certain decision
   32         making authority as part of his or her administrative
   33         supervision responsibility; specifying that sheriffs
   34         and their deputies, employees, and contractors are
   35         officers of the court when providing security for
   36         trial court facilities; amending s. 34.01, F.S.;
   37         increasing the limit of the amount in controversy in
   38         certain actions at law under which the county court
   39         has original jurisdiction of such actions; providing
   40         for adjustments to the limit at specified intervals
   41         due to inflation or deflation; specifying filing fees,
   42         services charges, and a requirement for the clerk of
   43         court’s remittal of such fees in actions in which the
   44         amount in controversy exceeds a specified amount;
   45         amending s. 34.022, F.S.; adding judges to certain
   46         county courts; amending s. 105.031, F.S.; requiring
   47         the appropriate qualifying officer to refund the
   48         qualifying fee to an unopposed candidate for the
   49         office of circuit court judge or county court judge by
   50         a specified date; providing effective dates.
   51          
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Section 25.025, Florida Statutes, is created to
   55  read:
   56         25.025 Headquarters.—
   57         (1)(a) A Supreme Court justice who permanently resides
   58  outside Leon County shall, if he or she so requests, have a
   59  district court of appeal courthouse, a county courthouse, or
   60  other appropriate facility in his or her district of residence
   61  designated as his or her official headquarters pursuant to s.
   62  112.061. This official headquarters may serve only as the
   63  justice’s private chambers.
   64         (b)A justice for whom an official headquarters is
   65  designated in his or her district of residence under this
   66  subsection is eligible for subsistence at a rate to be
   67  established by the Chief Justice for each day or partial day
   68  that the justice is at the headquarters of the Supreme Court for
   69  the conduct of the business of the court. In addition to the
   70  subsistence allowance, a justice is eligible for reimbursement
   71  for transportation expenses as provided in s. 112.061(7) for
   72  travel between the justice’s official headquarters and the
   73  headquarters of the Supreme Court for the conduct of the
   74  business of the court.
   75         (c) Payment of subsistence and reimbursement for
   76  transportation expenses relating to travel between a justice’s
   77  official headquarters and the headquarters of the Supreme Court
   78  shall be made to the extent appropriated funds are available, as
   79  determined by the Chief Justice.
   80         (2) The Chief Justice shall coordinate with each affected
   81  justice and other state and local officials as necessary to
   82  implement paragraph (1)(a).
   83         (3)(a)This section does not require a county to provide
   84  space in a county courthouse for a justice. A county may enter
   85  into an agreement with the Supreme Court governing the use of
   86  space in a county courthouse.
   87         (b) The Supreme Court may not use state funds to lease
   88  space in a district court of appeal courthouse, county
   89  courthouse, or other facility to allow a justice to establish an
   90  official headquarters pursuant to subsection (1).
   91         Section 2. Subsection (9) of section 26.031, Florida
   92  Statutes, is amended to read:
   93         26.031 Judicial circuits; number of judges.—The number of
   94  circuit judges in each circuit shall be as follows:
   95  
   96  JUDICIAL CIRCUIT                                           TOTAL
   97         (9) Ninth...........................................45 43
   98         Section 3. Subsection (1) of section 29.008, Florida
   99  Statutes, is amended to read:
  100         29.008 County funding of court-related functions.—
  101         (1) Counties are required by s. 14, Art. V of the State
  102  Constitution to fund the cost of communications services,
  103  existing radio systems, existing multiagency criminal justice
  104  information systems, and the cost of construction or lease,
  105  maintenance, utilities, and security of facilities for the
  106  circuit and county courts, public defenders’ offices, state
  107  attorneys’ offices, guardian ad litem offices, and the offices
  108  of the clerks of the circuit and county courts performing court
  109  related functions. For purposes of this section, the term
  110  “circuit and county courts” includes the offices and staffing of
  111  the guardian ad litem programs, and the term “public defenders’
  112  offices” includes the offices of criminal conflict and civil
  113  regional counsel. The county designated under s. 35.05(1) as the
  114  headquarters for each appellate district shall fund these costs
  115  for the appellate division of the public defender’s office in
  116  that county. For purposes of implementing these requirements,
  117  the term:
  118         (a) “Facility” means reasonable and necessary buildings and
  119  office space and appurtenant equipment and furnishings,
  120  structures, real estate, easements, and related interests in
  121  real estate, including, but not limited to, those for the
  122  purpose of housing legal materials for use by the general public
  123  and personnel, equipment, or functions of the circuit or county
  124  courts, public defenders’ offices, state attorneys’ offices, and
  125  court-related functions of the office of the clerks of the
  126  circuit and county courts and all storage. The term “facility”
  127  includes all wiring necessary for court reporting services. The
  128  term also includes access to parking for such facilities in
  129  connection with such court-related functions that may be
  130  available free or from a private provider or a local government
  131  for a fee. The office space provided by a county may not be less
  132  than the standards for space allotment adopted by the Department
  133  of Management Services, except this requirement applies only to
  134  facilities that are leased, or on which construction commences,
  135  after June 30, 2003. County funding must include physical
  136  modifications and improvements to all facilities as are required
  137  for compliance with the Americans with Disabilities Act. Upon
  138  mutual agreement of a county and the affected entity in this
  139  paragraph, the office space provided by the county may vary from
  140  the standards for space allotment adopted by the Department of
  141  Management Services.
  142         1. As of July 1, 2005, equipment and furnishings shall be
  143  limited to that appropriate and customary for courtrooms,
  144  hearing rooms, jury facilities, and other public areas in
  145  courthouses and any other facility occupied by the courts, state
  146  attorneys, public defenders, guardians ad litem, and criminal
  147  conflict and civil regional counsel. Court reporting equipment
  148  in these areas or facilities is not a responsibility of the
  149  county.
  150         2. Equipment and furnishings under this paragraph in
  151  existence and owned by counties on July 1, 2005, except for that
  152  in the possession of the clerks, for areas other than
  153  courtrooms, hearing rooms, jury facilities, and other public
  154  areas in courthouses and any other facility occupied by the
  155  courts, state attorneys, and public defenders, shall be
  156  transferred to the state at no charge. This provision does not
  157  apply to any communications services as defined in paragraph
  158  (f).
  159         (b) “Construction or lease” includes, but is not limited
  160  to, all reasonable and necessary costs of the acquisition or
  161  lease of facilities for all judicial officers, staff, jurors,
  162  volunteers of a tenant agency, and the public for the circuit
  163  and county courts, the public defenders’ offices, state
  164  attorneys’ offices, and for performing the court-related
  165  functions of the offices of the clerks of the circuit and county
  166  courts. This includes expenses related to financing such
  167  facilities and the existing and future cost and bonded
  168  indebtedness associated with placing the facilities in use.
  169         (c) “Maintenance” includes, but is not limited to, all
  170  reasonable and necessary costs of custodial and groundskeeping
  171  services and renovation and reconstruction as needed to
  172  accommodate functions for the circuit and county courts, the
  173  public defenders’ offices, and state attorneys’ offices and for
  174  performing the court-related functions of the offices of the
  175  clerks of the circuit and county court and for maintaining the
  176  facilities in a condition appropriate and safe for the use
  177  intended.
  178         (d) “Utilities” means all electricity services for light,
  179  heat, and power; natural or manufactured gas services for light,
  180  heat, and power; water and wastewater services and systems,
  181  stormwater or runoff services and systems, sewer services and
  182  systems, all costs or fees associated with these services and
  183  systems, and any costs or fees associated with the mitigation of
  184  environmental impacts directly related to the facility.
  185         (e) “Security” includes but is not limited to, all
  186  reasonable and necessary costs of services of law enforcement
  187  officers or licensed security guards and all electronic,
  188  cellular, or digital monitoring and screening devices necessary
  189  to ensure the safety and security of all persons visiting or
  190  working in a facility; to provide for security of the facility,
  191  including protection of property owned by the county or the
  192  state; and for security of prisoners brought to any facility.
  193  This includes bailiffs while providing courtroom and other
  194  security for each judge and other quasi-judicial officers.
  195         (f) “Communications services” are defined as any reasonable
  196  and necessary transmission, emission, and reception of signs,
  197  signals, writings, images, and sounds of intelligence of any
  198  nature by wire, radio, optical, audio equipment, or other
  199  electromagnetic systems and includes all facilities and
  200  equipment owned, leased, or used by judges, clerks, public
  201  defenders, state attorneys, guardians ad litem, criminal
  202  conflict and civil regional counsel, and all staff of the state
  203  courts system, state attorneys’ offices, public defenders’
  204  offices, and clerks of the circuit and county courts performing
  205  court-related functions. Such system or services shall include,
  206  but not be limited to:
  207         1. Telephone system infrastructure, including computer
  208  lines, telephone switching equipment, and maintenance, and
  209  facsimile equipment, wireless communications, cellular
  210  telephones, pagers, and video teleconferencing equipment and
  211  line charges. Each county shall continue to provide access to a
  212  local carrier for local and long distance service and shall pay
  213  toll charges for local and long distance service.
  214         2. All computer networks, systems and equipment, including
  215  computer hardware and software, modems, printers, wiring,
  216  network connections, maintenance, support staff or services
  217  including any county-funded support staff located in the offices
  218  of the circuit court, county courts, state attorneys, public
  219  defenders, guardians ad litem, and criminal conflict and civil
  220  regional counsel; training, supplies, and line charges necessary
  221  for an integrated computer system to support the operations and
  222  management of the state courts system, the offices of the public
  223  defenders, the offices of the state attorneys, the guardian ad
  224  litem offices, the offices of criminal conflict and civil
  225  regional counsel, and the offices of the clerks of the circuit
  226  and county courts; and the capability to connect those entities
  227  and reporting data to the state as required for the transmission
  228  of revenue, performance accountability, case management, data
  229  collection, budgeting, and auditing purposes. The integrated
  230  computer system shall be operational by July 1, 2006, and, at a
  231  minimum, permit the exchange of financial, performance
  232  accountability, case management, case disposition, and other
  233  data across multiple state and county information systems
  234  involving multiple users at both the state level and within each
  235  judicial circuit and be able to electronically exchange judicial
  236  case background data, sentencing scoresheets, and video evidence
  237  information stored in integrated case management systems over
  238  secure networks. Once the integrated system becomes operational,
  239  counties may reject requests to purchase communications services
  240  included in this subparagraph not in compliance with standards,
  241  protocols, or processes adopted by the board established
  242  pursuant to former s. 29.0086.
  243         3. Courier messenger and subpoena services.
  244         4. Auxiliary aids and services for qualified individuals
  245  with a disability which are necessary to ensure access to the
  246  courts. Such auxiliary aids and services include, but are not
  247  limited to, sign language interpretation services required under
  248  the federal Americans with Disabilities Act other than services
  249  required to satisfy due-process requirements and identified as a
  250  state funding responsibility pursuant to ss. 29.004, 29.005,
  251  29.006, and 29.007, real-time transcription services for
  252  individuals who are hearing impaired, and assistive listening
  253  devices and the equipment necessary to implement such
  254  accommodations.
  255         (g) “Existing radio systems” includes, but is not limited
  256  to, law enforcement radio systems that are used by the circuit
  257  and county courts, the offices of the public defenders, the
  258  offices of the state attorneys, and for court-related functions
  259  of the offices of the clerks of the circuit and county courts.
  260  This includes radio systems that were operational or under
  261  contract at the time Revision No. 7, 1998, to Art. V of the
  262  State Constitution was adopted and any enhancements made
  263  thereafter, the maintenance of those systems, and the personnel
  264  and supplies necessary for operation.
  265         (h) “Existing multiagency criminal justice information
  266  systems” includes, but is not limited to, those components of
  267  the multiagency criminal justice information system as defined
  268  in s. 943.045, supporting the offices of the circuit or county
  269  courts, the public defenders’ offices, the state attorneys’
  270  offices, or those portions of the offices of the clerks of the
  271  circuit and county courts performing court-related functions
  272  that are used to carry out the court-related activities of those
  273  entities. This includes upgrades and maintenance of the current
  274  equipment, maintenance and upgrades of supporting technology
  275  infrastructure and associated staff, and services and expenses
  276  to assure continued information sharing and reporting of
  277  information to the state. The counties shall also provide
  278  additional information technology services, hardware, and
  279  software as needed for new judges and staff of the state courts
  280  system, state attorneys’ offices, public defenders’ offices,
  281  guardian ad litem offices, and the offices of the clerks of the
  282  circuit and county courts performing court-related functions.
  283  
  284  This subsection applies only to matters relating to court
  285  funding and may not be construed to enhance, limit, or define
  286  the authority of any court.
  287         Section 4. Subsection (4) is added to section 30.15,
  288  Florida Statutes, to read:
  289         30.15 Powers, duties, and obligations.—
  290         (4)(a) Sheriffs, in their respective counties, shall
  291  provide security for trial court facilities. Sheriffs shall
  292  coordinate with the chief judge of the judicial circuit in which
  293  their county is located on all security matters for such
  294  facilities, but shall retain operational control over the manner
  295  in which security is provided. The chief judge of the judicial
  296  circuit shall retain decision-making authority to ensure the
  297  protection of due process rights, including, but not limited to,
  298  the scheduling and conduct of trials and other judicial
  299  proceedings, as part of his or her responsibility for the
  300  administrative supervision of the trial courts under s. 43.26.
  301         (b) Sheriffs and their deputies, employees, and contractors
  302  are officers of the court when providing security for trial
  303  court facilities under this subsection.
  304         Section 5. Section 34.01, Florida Statutes, is amended to
  305  read:
  306         34.01 Jurisdiction of county court.—
  307         (1) County courts shall have original jurisdiction:
  308         (a) In all misdemeanor cases not cognizable by the circuit
  309  courts.;
  310         (b) Of all violations of municipal and county ordinances.;
  311         (c)1. Of all actions at law filed on or before December 31,
  312  2019, in which the matter in controversy does not exceed the sum
  313  of $15,000, exclusive of interest, costs, and attorney
  314  attorney’s fees, except those within the exclusive jurisdiction
  315  of the circuit courts.; and
  316         2. Of all actions at law filed on or after January 1, 2020,
  317  in which the matter in controversy does not exceed the sum of
  318  $50,000, exclusive of interest, costs, and attorney fees, except
  319  those within the exclusive jurisdiction of the circuit courts.
  320  This limit must be adjusted every 5 years after January 1, 2020,
  321  to reflect the rate of inflation or deflation as indicated in
  322  the Consumer Price Index for All Urban Consumers, U.S. City
  323  Average, All Items, or successor reports as reported by the
  324  United States Department of Labor, Bureau of Labor Statistics,
  325  or its successor. Such adjustments must be rounded to the
  326  nearest $5,000.
  327         (d) Of disputes occurring in the homeowners’ associations
  328  as described in s. 720.311(2)(a), which shall be concurrent with
  329  jurisdiction of the circuit courts.
  330  
  331  The party instituting an action at law under subparagraph (c)2.
  332  in which the amount in controversy exceeds $15,000 shall pay the
  333  filing fees and service charges in the same amounts and in the
  334  same manner as provided in s. 28.241, and the party appealing
  335  any judgment on such action shall pay the filing fees and
  336  service charges in the same amounts and in the same manner as
  337  provided in s. 35.22. The clerk of court shall remit the fees as
  338  provided in those sections.
  339         (2) The county courts shall have jurisdiction previously
  340  exercised by county judges’ courts other than that vested in the
  341  circuit court by s. 26.012, except that county court judges may
  342  hear matters involving dissolution of marriage under the
  343  simplified dissolution procedure pursuant to the Florida Family
  344  Law Rules of Procedure or may issue a final order for
  345  dissolution in cases where the matter is uncontested, and the
  346  jurisdiction previously exercised by county courts, the claims
  347  court, small claims courts, small claims magistrates courts,
  348  magistrates courts, justice of the peace courts, municipal
  349  courts, and courts of chartered counties, including but not
  350  limited to the counties referred to in ss. 9, 10, 11, and 24,
  351  Art. VIII of the State Constitution of 1885, as preserved by s.
  352  (6)(e), Art. VIII of the State Constitution of 1968.
  353         (3) Judges of county courts shall also be committing trial
  354  court judges. Judges of county courts shall be coroners unless
  355  otherwise provided by law or by rule of the Supreme Court.
  356         (4) Judges of county courts may hear all matters in equity
  357  involved in any case within the jurisdictional amount of the
  358  county court, except as otherwise restricted by the State
  359  Constitution or the laws of Florida.
  360         (5) A county court is a trial court.
  361         Section 6. Subsections (9), (12), (17), and (28) of section
  362  34.022, Florida Statutes, are amended to read:
  363         34.022 Number of county court judges for each county.—The
  364  number of county court judges in each county shall be as
  365  follows:
  366  
  367  COUNTY                                                     TOTAL
  368         (9) Citrus............................................2 1
  369         (12) Columbia.........................................2 1
  370         (17) Flagler..........................................2 1
  371         (28) Hillsborough...................................19 17
  372         Section 7. Effective upon this act becoming a law,
  373  subsection (3) of section 105.031, Florida Statutes, is amended
  374  to read:
  375         105.031 Qualification; filing fee; candidate’s oath; items
  376  required to be filed.—
  377         (3) QUALIFYING FEE.—
  378         (a) Each candidate qualifying for election to a judicial
  379  office or the office of school board member, except write-in
  380  judicial or school board candidates, shall, during the time for
  381  qualifying, pay to the officer with whom he or she qualifies a
  382  qualifying fee, which shall consist of a filing fee and an
  383  election assessment, or qualify by the petition process. The
  384  amount of the filing fee is 3 percent of the annual salary of
  385  the office sought. The amount of the election assessment is 1
  386  percent of the annual salary of the office sought. Except as
  387  provided in paragraph (b), the Department of State shall
  388  transfer all filing fees to the Department of Legal Affairs for
  389  deposit in the Elections Commission Trust Fund and. the
  390  supervisor of elections shall forward all filing fees to the
  391  Elections Commission Trust Fund. The election assessment shall
  392  be deposited into the Elections Commission Trust Fund. The
  393  annual salary of the office for purposes of computing the
  394  qualifying fee shall be computed by multiplying 12 times the
  395  monthly salary authorized for such office as of July 1
  396  immediately preceding the first day of qualifying. This
  397  paragraph subsection does not apply to candidates qualifying for
  398  retention to judicial office.
  399         (b) Not later than 20 days after the close of qualifying,
  400  the Department of State or the supervisor of elections, as
  401  appropriate, shall refund the full amount of the qualifying fee
  402  to a candidate for the office of circuit court judge or county
  403  court judge who is unopposed at the time the qualifying period
  404  closes.
  405         Section 8. Except as otherwise expressly provided in this
  406  act and except for this section, which shall take effect upon
  407  becoming a law, this act shall take effect July 1, 2018.

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