Florida Senate - 2020                                    SB 1740
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-01623A-20                                          20201740__
    1                        A bill to be entitled                      
    2         An act relating to circuit courts and district courts
    3         of appeal; amending s. 47.122, F.S.; requiring the
    4         Clerk of the Supreme Court to use a blind, random
    5         selection process to determine venue for certain
    6         constitutional challenges under certain circumstances;
    7         specifying venue for any appeals; providing
    8         legislative intent; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 47.122, Florida Statutes, is amended to
   13  read:
   14         47.122 Change of venue; convenience of parties or witnesses
   15  or in the interest of justice; actions challenging the
   16  constitutionality of a statute or a legislative action.—
   17         (1) For the convenience of the parties or witnesses or in
   18  the interest of justice, any court of record may transfer any
   19  civil action to any other court of record in which it might have
   20  been brought.
   21         (2) When an action against either or both houses of the
   22  Legislature or another state entity, a member of the Legislature
   23  acting in his or her official capacity, or a statewide elected
   24  official is filed in the Second Judicial Circuit in and for Leon
   25  County and such action challenges the constitutionality of a
   26  statute or a legislative action, unless the parties mutually
   27  agree on the venue, the Clerk of the Supreme Court shall use a
   28  blind, random selection process to determine the circuit to
   29  which the case will be transferred, except when the Second
   30  Judicial Circuit is selected as the venue through the blind,
   31  random selection process. For purposes of this subsection, each
   32  trial court in this state is deemed to have proper jurisdiction
   33  over any action involving a constitutional challenge to which a
   34  state entity is a party.
   35         (3) The venue for any appeal of an order or a judgment
   36  entered in an action initiated under subsection (2) shall be the
   37  First District Court of Appeal, regardless of which judicial
   38  circuit was the venue for the action.
   39         (4) It is the intent of the Legislature to ensure that a
   40  single trial court does not effectively have a monopoly over
   41  cases raising issues of statewide, constitutional importance.
   42         Section 2. This act shall take effect July 1, 2020.