CS/CS/HB 1379

1
A bill to be entitled
2An act relating to the judiciary; repealing s. 25.051,
3F.S., relating to regular terms of the Supreme Court;
4repealing s. 26.21, F.S., relating to terms of the circuit
5courts; repealing s. 26.22, F.S., relating to terms of the
6First Judicial Circuit; repealing s. 26.23, F.S., relating
7to terms of the Second Judicial Circuit; repealing s.
826.24, F.S., relating to terms of the Third Judicial
9Circuit; repealing s. 26.25, F.S., relating to terms of
10the Fourth Judicial Circuit; repealing s. 26.26, F.S.,
11relating to terms of the Fifth Judicial Circuit; repealing
12s. 26.27, F.S., relating to terms of the Sixth Judicial
13Circuit; repealing s. 26.28, F.S., relating to terms of
14the Seventh Judicial Circuit; repealing s. 26.29, F.S.,
15relating to terms of the Eighth Judicial Circuit;
16repealing s. 26.30, F.S., relating to terms of the Ninth
17Judicial Circuit; repealing s. 26.31, F.S., relating to
18terms of the Tenth Judicial Circuit; repealing s. 26.32,
19F.S., relating to terms of the Eleventh Judicial Circuit;
20repealing s. 26.33, F.S., relating to terms of the Twelfth
21Judicial Circuit; repealing s. 26.34, F.S., relating to
22terms of the Thirteenth Judicial Circuit; repealing s.
2326.35, F.S., relating to terms of the Fourteenth Judicial
24Circuit; repealing s. 26.36, F.S., relating to terms of
25the Fifteenth Judicial Circuit; repealing s. 26.361, F.S.,
26relating to terms of the Sixteenth Judicial Circuit;
27repealing s. 26.362, F.S., relating to terms of the
28Seventeenth Judicial Circuit; repealing s. 26.363, F.S.,
29relating to terms of the Eighteenth Judicial Circuit;
30repealing s. 26.364, F.S., relating to terms of the
31Nineteenth Judicial Circuit; repealing s. 26.365, F.S.,
32relating to terms of the Twentieth Judicial Circuit;
33repealing s. 26.37, F.S., relating to requiring a judge to
34attend the first day of each term of the circuit court;
35repealing s. 26.38, F.S., relating to a requirement for a
36judge to state a reason for nonattendance; repealing s.
3726.39, F.S., relating to penalty for nonattendance of
38judge; repealing s. 26.40, F.S., relating to adjournment
39of the circuit court upon nonattendance of the judge;
40repealing s. 26.42, F.S., relating to calling all cases on
41the docket at the end of each term; repealing s. 35.10,
42F.S., relating to regular terms of the district courts of
43appeal; repealing s. 35.11, F.S., relating to special
44terms of the district courts of appeal; repealing s.
45907.05, F.S., relating to a requirement that criminal
46trials be heard in the term of court prior to civil cases;
47repealing s. 907.055, F.S., relating to a requirement that
48persons in custody be arraigned and tried in the term of
49court unless good cause is shown; amending ss. 26.46,
5027.04, 30.12, 30.15, 34.13, 35.05, and 38.23, F.S.;
51conforming provisions to changes made by the act; creating
52s. 43.43, F.S.; allowing the Supreme Court to set terms of
53court for the Supreme Court, district courts of appeal,
54and circuit courts; creating s. 43.44, F.S.; providing
55that appellate courts may withdraw a mandate within 120
56days after its issuance; amending ss. 112.19, 206.215,
57450.121, 831.10, 831.17, 877.08, 902.19, 903.32, 905.01,
58905.09, 905.095, 914.03, 924.065, and 932.47, F.S.;
59conforming provisions to changes made by the act;
60providing state policy and legislative intent; requiring
61each pretrial release program established by ordinance of
62a county commission, by administrative order of a court,
63or by any other means in order to assist in the release of
64a defendant from pretrial custody to conform to the
65eligibility criteria set forth in the act; preempting any
66conflicting local ordinances, orders, or practices;
67requiring that the defendant satisfy certain eligibility
68criteria in order to be assigned to a pretrial release
69program; providing that the act does not prohibit a court
70from releasing a defendant on the defendant's own
71recognizance or imposing any other reasonable condition of
72release on the defendant; authorizing a county to
73reimburse a licensed surety agent for the premium costs of
74a bail bond for the pretrial release of an indigent
75defendant under certain circumstances; providing effective
76dates.
77
78Be It Enacted by the Legislature of the State of Florida:
79
80     Section 1.  Sections 25.051, 26.21, 26.22, 26.23, 26.24,
8126.25, 26.26, 26.27, 26.28, 26.29, 26.30, 26.31, 26.32, 26.33,
8226.34, 26.35, 26.36, 26.361, 26.362, 26.363, 26.364, 26.365,
8326.37, 26.38, 26.39, 26.40, 26.42, 35.10, 35.11, 907.05, and
84907.055, Florida Statutes, are repealed.
85     Section 2.  Section 26.46, Florida Statutes, is amended to
86read:
87     26.46  Jurisdiction of resident judge after assignment.-
88When a circuit judge is assigned to another circuit, none of the
89circuit judges in such other circuit shall, because of such
90assignment, be deprived of or affected in his or her
91jurisdiction other than to the extent essential so as not to
92conflict with the authority of the temporarily assigned circuit
93judge as to the particular case or cases or class of cases, or
94in presiding at the particular term or part of term named or
95specified in the assignment.
96     Section 3.  Section 27.04, Florida Statutes, is amended to
97read:
98     27.04  Summoning and examining witnesses for state.-The
99state attorney shall have summoned all witnesses required on
100behalf of the state; and he or she is allowed the process of his
101or her court to summon witnesses from throughout the state to
102appear before the state attorney in or out of term time at such
103convenient places in the state attorney's judicial circuit and
104at such convenient times as may be designated in the summons, to
105testify before him or her as to any violation of the law upon
106which they may be interrogated, and he or she is empowered to
107administer oaths to all witnesses summoned to testify by the
108process of his or her court or who may voluntarily appear before
109the state attorney to testify as to any violation or violations
110of the law.
111     Section 4.  Section 30.12, Florida Statutes, is amended to
112read:
113     30.12  Power to appoint sheriff.-Whenever any sheriff in
114the state shall fail to attend, in person or by deputy, any term
115of the circuit court or county court of the county, from
116sickness, death, or other cause, the judge attending said court
117may appoint an interim a sheriff, who shall assume all the
118responsibilities, perform all the duties, and receive the same
119compensation as if he or she had been duly appointed sheriff,
120for only the said term of nonattendance court and no longer.
121     Section 5.  Paragraph (c) of subsection (1) of section
12230.15, Florida Statutes, is amended to read:
123     30.15  Powers, duties, and obligations.-
124     (1)  Sheriffs, in their respective counties, in person or
125by deputy, shall:
126     (c)  Attend all sessions terms of the circuit court and
127county court held in their counties.
128     Section 6.  Subsection (2) of section 34.13, Florida
129Statutes, is amended to read:
130     34.13  Method of prosecution.-
131     (2)  Upon the finding of indictments by the grand jury for
132crimes cognizable by the county court, the clerk of the court,
133without any order therefor, shall docket the same on the trial
134docket of the county court on or before the first day of its
135next succeeding term.
136     Section 7.  Subsection (2) of section 35.05, Florida
137Statutes, is amended to read:
138     35.05  Headquarters.-
139     (2)  A district court of appeal may designate other
140locations within its district as branch headquarters for the
141conduct of the business of the court in special or regular term
142and as the official headquarters of its officers or employees
143pursuant to s. 112.061.
144     Section 8.  Section 38.23, Florida Statutes, is amended to
145read:
146     38.23  Contempt Contempts defined.-A refusal to obey any
147legal order, mandate or decree, made or given by any judge
148either in term time or in vacation relative to any of the
149business of said court, after due notice thereof, shall be
150considered a contempt, and punished accordingly. But nothing
151said or written, or published, in vacation, to or of any judge,
152or of any decision made by a judge, shall in any case be
153construed to be a contempt.
154     Section 9.  Section 43.43, Florida Statutes, is created to
155read:
156     43.43  Terms of courts.-The Supreme Court may establish
157terms of court for the Supreme Court, the district courts of
158appeal, and the circuit courts; may provide that district courts
159and circuit courts may establish their own terms of court; or
160may dispense with terms of court.
161     Section 10.  Section 43.44, Florida Statutes, is created to
162read:
163     43.44  Mandate of an appeals court.-An appellate court has
164the jurisdiction and power, as the circumstances and justice of
165the case may require, to reconsider, revise, reform, or modify
166its own judgments for the purpose of making the same accord with
167law and justice. Accordingly, an appellate court has the power
168to recall its own mandate for the purpose of enabling it to
169exercise such jurisdiction and power in a proper case. A mandate
170may not be recalled more than 120 days after it is filed with
171the lower tribunal.
172     Section 11.  Paragraph (b) of subsection (1) of section
173112.19, Florida Statutes, is amended to read:
174     112.19  Law enforcement, correctional, and correctional
175probation officers; death benefits.-
176     (1)  Whenever used in this section, the term:
177     (b)  "Law enforcement, correctional, or correctional
178probation officer" means any officer as defined in s. 943.10(14)
179or employee of the state or any political subdivision of the
180state, including any law enforcement officer, correctional
181officer, correctional probation officer, state attorney
182investigator, or public defender investigator, whose duties
183require such officer or employee to investigate, pursue,
184apprehend, arrest, transport, or maintain custody of persons who
185are charged with, suspected of committing, or convicted of a
186crime; and the term includes any member of a bomb disposal unit
187whose primary responsibility is the location, handling, and
188disposal of explosive devices. The term also includes any full-
189time officer or employee of the state or any political
190subdivision of the state, certified pursuant to chapter 943,
191whose duties require such officer to serve process or to attend
192session terms of a circuit or county court as bailiff.
193     Section 12.  Subsection (2) of section 206.215, Florida
194Statutes, is amended to read:
195     206.215  Costs and expenses of proceedings.-
196     (2)  The clerks of the courts performing duties under the
197provisions aforesaid shall receive the same fees as prescribed
198by the general law for the performance of similar duties, and
199witnesses attending any investigation pursuant to subpoena shall
200receive the same mileage and per diem as if attending as a
201witness before the circuit court in term time.
202     Section 13.  Subsection (4) of section 450.121, Florida
203Statutes, is amended to read:
204     450.121  Enforcement of Child Labor Law.-
205     (4)  Grand juries shall have inquisitorial powers to
206investigate violations of this chapter; also, trial court judges
207shall specially charge the grand jury, at the beginning of each
208term of the court, to investigate violations of this chapter.
209     Section 14.  Section 831.10, Florida Statutes, is amended
210to read:
211     831.10  Second conviction of uttering forged bills.-
212Whoever, having been convicted of the offense mentioned in s.
213831.09 is again convicted of the like offense committed after
214the former conviction, and whoever is at the same term of the
215court convicted upon three distinct charges of such offense,
216shall be deemed a common utterer of counterfeit bills, and shall
217be punished as provided in s. 775.084.
218     Section 15.  Section 831.17, Florida Statutes, is amended
219to read:
220     831.17  Violation of s. 831.16; second or subsequent
221conviction.-Whoever having been convicted of either of the
222offenses mentioned in s. 831.16, is again convicted of either of
223the same offenses, committed after the former conviction, and
224whoever is at the same term of the court convicted upon three
225distinct charges of said offenses, commits a felony of the
226second degree, punishable as provided in s. 775.082, s. 775.083,
227or s. 775.084.
228     Section 16.  Subsection (4) of section 877.08, Florida
229Statutes, is amended to read:
230     877.08  Coin-operated vending machines and parking meters;
231defined; prohibited acts, penalties.-
232     (4)  Whoever violates the provisions of subsection (3) a
233second or subsequent time commits, and is convicted of such
234second separate offense, either at the same term or a subsequent
235term of court, shall be guilty of a felony of the third degree,
236punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
237     Section 17.  Subsection (1) of section 902.19, Florida
238Statutes, is amended to read:
239     902.19  When prosecutor liable for costs.-
240     (1)  When a person makes a complaint before a county court
241judge that a crime has been committed and is recognized by the
242county court judge to appear before at the next term of the
243court having jurisdiction to give evidence of the crime and
244fails to appear, the person shall be liable for all costs
245occasioned by his or her complaint, and the county court judge
246may enter obtain a judgment and execution for the costs as in
247other cases.
248     Section 18.  Subsection (2) of section 903.32, Florida
249Statutes, is amended to read:
250     903.32  Defects in bond.-
251     (2)  If no day, or an impossible day, is stated in a bond
252for the defendant's appearance before a trial court judge for a
253hearing or trial, the defendant shall be bound to appear 10 days
254after receipt of notice to appear by the defendant, the
255defendant's counsel, or any surety on the undertaking. If no
256day, or an impossible day, is stated in a bond for the
257defendant's appearance for trial, the defendant shall be bound
258to appear on the first day of the next term of court that will
259commence more than 3 days after the undertaking is given.
260     Section 19.  Subsection (3) of section 905.01, Florida
261Statutes, is amended to read:
262     905.01  Number and procurement of grand jury; replacement
263of member; term of grand jury.-
264     (3)  The chief judge of each any circuit court shall
265regularly order may dispense with the convening of the grand
266jury for a at any term of 6 months court by filing a written
267order with the clerk of court directing that a grand jury not be
268summoned.
269     Section 20.  Section 905.09, Florida Statutes, is amended
270to read:
271     905.09  Discharge and recall of grand jury.-A grand jury
272that has been dismissed may be recalled at any time during the
273same term of the grand jury court.
274     Section 21.  Section 905.095, Florida Statutes, is amended
275to read:
276     905.095  Extension of grand jury term.-Upon petition of the
277state attorney or the foreperson of the grand jury acting on
278behalf of a majority of the grand jurors, the circuit court may
279extend the term of a grand jury impaneled under this chapter
280beyond the term of court in which it was originally impaneled. A
281grand jury whose term has been extended as provided herein shall
282have the same composition and the same powers and duties it had
283during its original term. In the event the term of the grand
284jury is extended under this section, it shall be extended for a
285time certain, not to exceed a total of 90 days, and only for the
286purpose of concluding one or more specified investigative
287matters initiated during its original term.
288     Section 22.  Section 914.03, Florida Statutes, is amended
289to read:
290     914.03  Attendance of witnesses.-A witness summoned by a
291grand jury or in a criminal case shall remain in attendance
292until excused by the grand jury. A witness summoned in a
293criminal case shall remain in attendance until excused by the
294court. A witness who departs without permission of the court
295shall be in criminal contempt of court. A witness shall attend
296each succeeding term of court until the case is terminated.
297     Section 23.  Subsection (2) of section 924.065, Florida
298Statutes, is amended to read:
299     924.065  Denial of motion for new trial or arrest of
300judgment; appeal bond; supersedeas.-
301     (2)  An appeal shall not be a supersedeas to the execution
302of the judgment, sentence, or order until the appellant has
303entered into a bond with at least two sureties to secure the
304payment of the judgment, fine, and any future costs that may be
305adjudged by the appellate court. The bond shall be conditioned
306on the appellant's personally answering and abiding by the final
307order, sentence, or judgment of the appellate court and, if the
308action is remanded, on the appellant's appearing before at the
309next term of the court in which the case was originally
310determined and not departing without leave of court.
311     Section 24.  Section 932.47, Florida Statutes, is amended
312to read:
313     932.47  Informations filed by prosecuting attorneys.-
314Informations may be filed by the prosecuting attorney of the
315circuit court with the clerk of the circuit court in vacation or
316in term without leave of the court first being obtained.
317     Section 25.  Effective October 1, 2011, the following
318section is created to read:
319     Eligibility criteria for government-funded pretrial
320release.-
321     (1)  It is the policy of this state that only defendants
322who are indigent and therefore qualify for representation by the
323public defender are eligible for government-funded pretrial
324release. Further, it is the policy of this state that, to the
325greatest extent possible, the resources of the private sector be
326used to assist in the pretrial release of defendants. It is the
327intent of the Legislature that this section not be interpreted
328to limit the discretion of courts with respect to ordering
329reasonable conditions for pretrial release for any defendant.
330However, it is the intent of the Legislature that government-
331funded pretrial release be ordered only as an alternative to
332release on a defendant's own recognizance or release by the
333posting of a surety bond.
334     (2)  A pretrial release program established by an ordinance
335of the county commission, an administrative order of the court,
336or by any other means in order to assist in the release of
337defendants from pretrial custody is subject to the eligibility
338criteria set forth in this section. These eligibility criteria
339supersede and preempt all conflicting local ordinances, orders,
340or practices. Each pretrial release program shall certify
341annually, in writing, to the chief circuit court judge, that it
342has complied with the reporting requirements of s. 907.043(4),
343Florida Statutes.
344     (3)  A defendant is eligible to receive government-funded
345pretrial release only by order of the court after the court
346finds in writing upon consideration of the defendant's affidavit
347of indigence that the defendant is indigent or partially
348indigent as set forth in Rule 3.111, Florida Rules of Criminal
349Procedure, and that the defendant has not previously failed to
350appear at any required court proceeding. A defendant may not
351receive a government-funded pretrial release if the defendant's
352income is above 300 percent of the then-current federal poverty
353guidelines prescribed for the size of the household of the
354defendant by the United States Department of Health and Human
355Services, unless the defendant is receiving Temporary Assistance
356for Needy Families-Cash Assistance, poverty-related veterans'
357benefits, Supplemental Security Income (SSI), food stamps, or
358Medicaid.
359     (4)  If a defendant seeks to post a surety bond pursuant to
360a bond schedule established by administrative order as an
361alternative to government-funded pretrial release, the defendant
362shall be permitted to do so without any interference or
363restriction by a pretrial release program.
364     (5)  This section does not prohibit a court from:
365     (a)  Releasing a defendant on the defendant's own
366recognizance.
367     (b)  Imposing upon the defendant any additional reasonable
368condition of release as part of release on the defendant's own
369recognizance or the posting of a surety bond upon a finding of
370need in the interest of public safety, including, but not
371limited to, electronic monitoring, drug testing, substance abuse
372treatment, or attending a batterers' intervention program.
373     (6)  In lieu of using a government-funded program to ensure
374the court appearance of any defendant, a county may reimburse a
375licensed surety agent for the premium costs of a surety bail
376bond that secures the appearance of an indigent defendant at all
377court proceedings if the court establishes a bail bond amount
378for the indigent defendant.
379     (7)  A defendant who is not otherwise eligible for
380government-funded pretrial release under subsection (3) is
381eligible for government-funded pretrial release 48 hours after
382the defendant's arrest.
383     (8)  The income eligibility limitations applicable to
384government-funded pretrial release programs apply only to those
385counties having a population equal to or greater than 350,000
386persons.
387     (9)  This section does not prohibit a law enforcement
388officer or a code enforcement officer authorized under s.
389162.23, Florida Statutes, from issuing a notice to appear in
390lieu of jail.
391     Section 26.  Except as otherwise expressly provided in this
392act and except for this section, which shall take effect upon
393this act becoming a law, this act shall take effect January 1,
3942012.


CODING: Words stricken are deletions; words underlined are additions.