ENROLLED
       2014 Legislature                    CS for SB 828, 2nd Engrossed
       
       
       
       
       
       
                                                              2014828er
    1  
    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; amending s. 56.29, F.S.;
   42         authorizing the court to order any property, debt, or
   43         other obligation due the judgment debtor to be applied
   44         toward the satisfaction of the judgment debt;
   45         authorizing the court to entertain specified claims
   46         concerning the judgment debtor’s assets and enter any
   47         order or judgment, including a money judgment;
   48         authorizing the court to enter a money judgment
   49         against an impleaded defendant under certain
   50         circumstances; providing applicability of specified
   51         laws and procedures; providing for retroactivity;
   52         repealing s. 57.101, F.S., relating to the charging of
   53         costs against the losing party for certain copies of
   54         records in the Supreme Court; repealing s. 92.15,
   55         F.S., relating to an evidentiary rule regarding
   56         evidence of title to land passing from the United
   57         States; providing an effective date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Section 25.151, Florida Statutes, is repealed.
   62         Section 2. Sections 25.191 and 25.231, Florida Statutes,
   63  are repealed.
   64         Section 3. Subsection (1) of section 25.241, Florida
   65  Statutes, is amended to read:
   66         25.241 Clerk of Supreme Court; compensation; assistants;
   67  filing fees, etc.—
   68         (1) The Clerk of the Supreme Court shall be paid an annual
   69  salary to be determined in accordance with s. 25.382.
   70         Section 4. Section 25.281, Florida Statutes, is repealed.
   71         Section 5. Section 25.351, Florida Statutes, is repealed.
   72         Section 6. Section 26.01, Florida Statutes, is repealed.
   73         Section 7. Section 26.021, Florida Statutes, is amended to
   74  read:
   75         26.021 Judicial circuits; judges.—The state is divided into
   76  20 judicial circuits:
   77         (1) The first circuit is composed of Escambia, Okaloosa,
   78  Santa Rosa, and Walton Counties.
   79         (2) The second circuit is composed of Franklin Leon,
   80  Gadsden, Jefferson, Leon, Liberty, and Wakulla, Liberty, and
   81  Franklin Counties.
   82         (3) The third circuit is composed of Columbia, Dixie,
   83  Hamilton, Lafayette, Madison, Suwannee, and Taylor Counties.
   84         (4) The fourth circuit is composed of Clay, Duval, and
   85  Nassau Counties.
   86         (5) The fifth circuit is composed of Citrus, Hernando,
   87  Lake, Marion, and Sumter Counties. Two of the circuit judges
   88  authorized for the fifth circuit shall reside in either Citrus,
   89  Hernando, or Sumter County, and neither of such two judges shall
   90  reside in the same county.
   91         (6) The sixth circuit is composed of Pasco and Pinellas
   92  Counties.
   93         (7) The seventh circuit is composed of Flagler, Putnam, St.
   94  Johns, and Volusia Counties. One judge shall reside in Flagler
   95  County; two judges shall reside in Putnam County; two judges
   96  shall reside in St. Johns County; and three judges shall reside
   97  in Volusia County. There shall be no residency requirement for
   98  any other judges in the circuit.
   99         (8) The eighth circuit is composed of Alachua, Baker,
  100  Bradford, Gilchrist, Levy, and Union Counties.
  101         (9) The ninth circuit is composed of Orange and Osceola
  102  Counties.
  103         (10) The tenth circuit is composed of Hardee, Highlands,
  104  and Polk Counties.
  105         (11) The eleventh circuit is composed of Miami-Dade County.
  106         (12) The twelfth circuit is composed of DeSoto, Manatee,
  107  and Sarasota, and DeSoto Counties.
  108         (13) The thirteenth circuit is composed of Hillsborough
  109  County.
  110         (14) The fourteenth circuit is composed of Bay, Calhoun,
  111  Gulf, Holmes, Jackson, and Washington Counties.
  112         (15) The fifteenth circuit is composed of Palm Beach
  113  County.
  114         (16) The sixteenth circuit is composed of Monroe County.
  115  One judge in the circuit shall reside in the middle or upper
  116  Keys. There shall be no residency requirement for any other
  117  judge in the circuit.
  118         (17) The seventeenth circuit is composed of Broward County.
  119         (18) The eighteenth circuit is composed of Brevard and
  120  Seminole Counties.
  121         (19) The nineteenth circuit is composed of Indian River,
  122  Martin, Okeechobee, and St. Lucie Counties.
  123         (20) The twentieth circuit is composed of Charlotte,
  124  Collier, Glades, Hendry, and Lee Counties.
  125         (21) Notwithstanding subsections (1)-(20), the territorial
  126  jurisdiction of a circuit court may be expanded as provided for
  127  in s. 910.03(3).
  128  
  129  The judicial nominating commission of each circuit, in
  130  submitting nominations for any vacancy in a judgeship, and the
  131  Governor, in filling any vacancy for a judgeship, shall consider
  132  whether the existing judges within the circuit, together with
  133  potential nominees or appointees, reflect the geographic
  134  distribution of the population within the circuit, the
  135  geographic distribution of the caseload within the circuit, the
  136  racial and ethnic diversity of the population within the
  137  circuit, and the geographic distribution of the racial and
  138  ethnic minority population within the circuit.
  139         Section 8. Section 26.51, Florida Statutes, is repealed.
  140         Section 9. Section 26.55, Florida Statutes, is amended to
  141  read:
  142         26.55 Conference of Circuit Judges of Florida; duties and
  143  reports.—
  144         (1) There is created and established the Conference of
  145  Circuit Judges of Florida. The conference consists shall consist
  146  of the active and retired circuit judges of the several judicial
  147  circuits of the state, excluding retired judges practicing law.
  148         (2) The conference shall annually elect a chair. The chair,
  149  whose duty it shall be to call all meetings and to appoint
  150  committees to effectuate the purposes of the conference. It is
  151  declared to be an official function of each circuit judge to
  152  attend the meetings of the conference. It is also an official
  153  function of each circuit judge to participate in the activity of
  154  each committee to the membership of which such judge is
  155  appointed.
  156         (3)(a)It is declared to be the responsibility of The
  157  conference shall operate according to the Rules of Judicial
  158  Administration adopted by the Supreme Court. The
  159  responsibilities of the conference include to:
  160         (a)1.Considering and making Consider and make
  161  recommendations concerning the betterment of the judicial system
  162  of the state and its various parts;
  163         (b)2.Considering and making Consider and make
  164  recommendations concerning the improvement of rules and methods
  165  of procedure and practice in the several courts; and
  166         (c)3.Reporting Report to the Supreme Court its such
  167  findings and recommendations under this subsection; and as the
  168  conference may have with reference thereto.
  169         (d)(b)Providing Not less than 60 days before the convening
  170  of the regular session of the Legislature with, the chair of the
  171  conference shall report to the President of the Senate and the
  172  Speaker of the House such recommendations as the conference may
  173  have concerning defects in the laws of this state and such
  174  amendments or additional legislation as the conference may deem
  175  necessary regarding the administration of justice.
  176         Section 10. Section 27.55, Florida Statutes, is repealed.
  177         Section 11. Section 29.23, Florida Statutes, is created to
  178  read:
  179         29.23 Salaries of certain positions in the judicial
  180  branch.—
  181         (1) The salaries of justices, judges of the district courts
  182  of appeal, circuit judges, and county judges shall be fixed
  183  annually in the General Appropriations Act.
  184         (2) The clerk and the marshal of the Supreme Court, or a
  185  clerk or marshal of a district court of appeal, shall be paid an
  186  annual salary to be determined in accordance with s. 25.382(3).
  187         Section 12. Sections 35.12, 35.13, 35.19, and 35.21,
  188  Florida Statutes, are repealed.
  189         Section 13. Section 35.22, Florida Statutes, is amended to
  190  read:
  191         35.22 Clerk of district court; appointment; compensation;
  192  assistants; filing fees; teleconferencing.—
  193         (1) Each district court of appeal shall appoint a clerk who
  194  shall be paid an annual salary to be determined in accordance
  195  with s. 25.382.
  196         (1)(2) The clerk may is authorized to employ such deputies
  197  and clerical assistants as may be necessary. Their number and
  198  compensation shall be approved by the court, and paid from the
  199  annual appropriation for the district courts of appeal.
  200         (2)(3)(a) The clerk, upon the filing of a certified copy of
  201  a notice of appeal or petition, shall charge and collect a
  202  filing fee of $300 for each case docketed, and service charges
  203  as provided in s. 28.24 for copying, certifying or furnishing
  204  opinions, records, papers or other instruments and for other
  205  services. The state of Florida or its agencies, when appearing
  206  as appellant or petitioner, is exempt from the filing fee
  207  required in this subsection. From each attorney appearance pro
  208  hac vice, The clerk shall collect from each attorney appearance
  209  pro hac vice a fee of $100 for deposit as provided in this
  210  section.
  211         (b) Upon the filing of a notice of cross-appeal, or a
  212  notice of joinder or motion to intervene as an appellant, cross
  213  appellant, or petitioner, the clerk shall charge and collect a
  214  filing fee of $295. The clerk shall remit the fee to the
  215  Department of Revenue for deposit into the General Revenue Fund.
  216  The state and its agencies are exempt from the filing fee
  217  required by this paragraph.
  218         (3)(4) The opinions of the district court of appeal may
  219  shall not be recorded, but the original as filed shall be
  220  preserved with the record in each case.
  221         (4)(5) The clerk may is authorized immediately, after a
  222  case is disposed of, to supply the judge who tried the case and
  223  from whose order, judgment, or decree, appeal or other review is
  224  taken, a copy of all opinions, orders, or judgments filed in
  225  such case. Copies of opinions, orders, and decrees shall be
  226  furnished in all cases to each attorney of record and for
  227  publication in Florida reports to the authorized publisher
  228  without charge, and copies furnished to other law book
  229  publishers at one-half the regular statutory fee.
  230         (5)(6) The clerk of each district court of appeal shall is
  231  required to deposit all fees collected in the State Treasury to
  232  the credit of the General Revenue Fund, except that $50 of each
  233  $300 filing fee collected shall be deposited into the State
  234  Courts Revenue Trust Fund to fund court operations as authorized
  235  in the General Appropriations Act. The clerk shall retain an
  236  accounting of each such remittance.
  237         (6)(7) The clerk of the district court of appeal may is
  238  authorized to collect a fee from the parties to an appeal
  239  reflecting the actual cost of conducting the proceeding through
  240  teleconferencing if where the parties have requested that an
  241  oral argument or mediation be conducted through
  242  teleconferencing. The fee collected for this purpose shall be
  243  used to offset the expenses associated with scheduling the
  244  teleconference and shall be deposited in the State Courts
  245  Revenue Trust Fund.
  246         Section 14. Sections 35.25 and 35.27, Florida Statutes, are
  247  repealed.
  248         Section 15. Section 38.13, Florida Statutes, is repealed.
  249         Section 16. Subsection (2) of section 43.20, Florida
  250  Statutes, is amended to read:
  251         43.20 Judicial Qualifications Commission.—
  252         (2) MEMBERSHIP; TERMS.—The commission shall consist of 15
  253  13 members. The members of the commission shall serve for terms
  254  of 6 years.
  255         Section 17. Subsections (1) and (5), paragraph (b) of
  256  subsection (6), and subsection (9) of section 56.29, Florida
  257  Statutes, are amended to read:
  258         56.29 Proceedings supplementary.—
  259         (1) When any person or entity holds an unsatisfied judgment
  260  or judgment lien obtained under chapter 55, the judgment holder
  261  or judgment lienholder may file a motion and an affidavit so
  262  stating, identifying, if applicable, the issuing court, the case
  263  number, and the unsatisfied amount of the judgment or judgment
  264  lien, including accrued costs and interest, and stating that the
  265  execution is valid and outstanding, and thereupon the judgment
  266  holder or judgment lienholder is entitled to these proceedings
  267  supplementary to execution.
  268         (5) The court judge may order any property of the judgment
  269  debtor, not exempt from execution, in the hands of any person,
  270  or any property, debt, or other obligation due to the judgment
  271  debtor, to be applied toward the satisfaction of the judgment
  272  debt. The court may entertain claims concerning the judgment
  273  debtor’s assets brought under chapter 726 and enter any order or
  274  judgment, including a money judgment against any initial or
  275  subsequent transferee, in connection therewith, irrespective of
  276  whether the transferee has retained the property. Claims under
  277  chapter 726 are subject to the provisions of chapter 726 and
  278  applicable rules of civil procedure.
  279         (6)
  280         (b) When any gift, transfer, assignment or other conveyance
  281  of personal property has been made or contrived by the judgment
  282  debtor defendant to delay, hinder or defraud creditors, the
  283  court shall order the gift, transfer, assignment or other
  284  conveyance to be void and direct the sheriff to take the
  285  property to satisfy the execution. This does not authorize
  286  seizure of property exempted from levy and sale under execution
  287  or property which has passed to a bona fide purchaser for value
  288  and without notice. Any person aggrieved by the levy may proceed
  289  under ss. 56.16-56.20.
  290         (9) The court may enter any orders, judgments, or writs
  291  required to carry out the purpose of this section, including
  292  those orders necessary or proper to subject property or property
  293  rights of any judgment debtor defendant to execution, and
  294  including entry of money judgments against any impleaded
  295  defendant irrespective of whether such defendant has retained
  296  the property, subject to ss. 56.18 and 56.19 and applicable
  297  principles of equity, and in accordance with chapters 76 and 77
  298  and applicable rules of civil procedure.
  299         Section 18. The amendments made by this act to s. 56.29,
  300  Florida Statutes, are remedial in nature, are intended to
  301  clarify existing law, and shall be applied retroactively to the
  302  full extent permitted by law.
  303         Section 19. Section 57.101, Florida Statutes, is repealed.
  304         Section 20. Section 92.15, Florida Statutes, is repealed.
  305         Section 21. This act shall take effect July 1, 2014.