Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 2170
       
       
       
       
       
       
                                Barcode 132782                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/25/2011           .                                
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       The Committee on Judiciary (Braynon) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 13 and 14
    4  insert:
    5         Section 1. Section 2.01, Florida Statutes, is amended to
    6         read:
    7         2.01 Common law and certain statutes declared in force.—
    8         (1) The common and statute laws of England which are of a
    9  general and not a local nature, with the exception hereinafter
   10  mentioned, down to the 4th day of July, 1776, are declared to be
   11  of force in this state to the extent such common and statute
   12  laws are; provided, the said statutes and common law be not
   13  inconsistent with the Constitution and laws of the United States
   14  and the acts of the Legislature of this state.
   15         (2) Notwithstanding subsection (1), provisions including,
   16  but not limited to, the following are declared to be of force in
   17  this state:
   18         (a) Those clearly expressed, or obviously and reasonably
   19  implied without clear expression, in the language and wording of
   20  the acts of the Legislature.
   21         (b) Those that provide for rights and claims in tort
   22  liability for acts committed directly or indirectly involving
   23  judicial and administrative proceedings. In such cases,
   24  litigation privilege or judicial, qualified, or absolute
   25  immunity and similar privileges and immunities are not and may
   26  not be considered as viable or valid defenses.
   27         (c) Those relating to claims for or defenses of abuse of
   28  process, malicious prosecution, and fraud upon the court, also
   29  known as extrinsic fraud, that must be strictly enforced. In
   30  such cases, litigation privilege or judicial, qualified, or
   31  absolute immunity and similar privileges and immunities are not
   32  and may not be considered as viable or valid defenses.
   33         (d) Those relating to criminal offenses under 18 U.S.C. ss.
   34  241 and 242 and claims under 42 U.S.C. ss. 1983, 1985, 1986, and
   35  1988, as prescribed by federal statutes and the decisions of the
   36  federal courts.
   37         Section 2. Subsections (1) and (4) of section 25.382,
   38  Florida Statutes, are amended, and subsections (5), (6), and (7)
   39  are added to that section, to read:
   40         25.382 State courts system.—
   41         (1) As used in this section, “state courts system” means
   42  all officers, employees, and divisions of the Supreme Court,
   43  district courts of appeal, circuit courts, and county courts,
   44  also known as the judicial branch of state government.
   45         (4) The Supreme Court shall ensure that clearly written
   46  policies, procedures, and goals for the recruitment, selection,
   47  promotion, and retention of minorities, including minority
   48  women, are established throughout all levels of the judicial
   49  system. An annual report shall be submitted to the Chief Justice
   50  outlining progress, problems, and corrective actions relating to
   51  the implementation of this plan shall be submitted to the Chief
   52  Justice, the Governor, the President of the Senate, and the
   53  Speaker of the House of Representatives. Three copies of the
   54  report shall be submitted to each legislative substantive and
   55  appropriations committee having jurisdiction over state courts
   56  or judicial matters. The report shall be used for legislative
   57  interim projects.
   58         (5) The Supreme Court shall ensure that clearly written
   59  policies, procedures, and goals are developed into a plan for
   60  promoting civics for residents of this state, together with
   61  education concerning the judicial branch in order to develop
   62  trust and confidence in the state’s judicial system. An annual
   63  report outlining progress, problems, and corrective actions
   64  relating to the implementation of this plan shall be submitted
   65  to the Chief Justice, the Governor, the Cabinet, the President
   66  of the Senate, and the Speaker of the House of Representatives.
   67  Three copies of the report shall be submitted to each
   68  legislative substantive and appropriations committee having
   69  jurisdiction over state courts or judicial matters. The report
   70  shall be used for legislative interim projects.
   71         (6) The Supreme Court shall submit all final reports
   72  completed by assigned court committees, whether by rule or
   73  order, dating from 2000 and thereafter, as follows: one copy
   74  each to the Governor, the Cabinet, the President of the Senate,
   75  and the Speaker of the House of Representatives and three copies
   76  to each legislative substantive and appropriations committee
   77  having jurisdiction over state courts or judicial matters. The
   78  reports may be used for legislative interim projects.
   79         (7) Pursuant to ss. 11.45(2)(a), 11.51(1), and 11.513(5),
   80  the Auditor General and the Office of Program Policy Analysis
   81  and Government Accountability shall conduct a full audit review
   82  and examination of the state courts system and prepare a report
   83  containing appropriate recommendations. The audit must be
   84  conducted every 2 years beginning July 1, 2011, in accordance
   85  with the full authority and responsibilities conferred upon the
   86  Auditor General and the Office of Program Policy Analysis and
   87  Government Accountability by general law. The report and
   88  recommendations must be submitted within 1 year after the audit
   89  to the chair and vice chair of the Legislative Budget
   90  Commission, the chair and vice chair of the Legislative Auditing
   91  Committee, the Governor, and the Chief Justice of the Supreme
   92  Court.
   93         Section 3. Subsection (1) of section 26.012, Florida
   94  Statutes, is amended, and subsection (6) is added to that
   95  section, to read:
   96         26.012 Jurisdiction of circuit court.—
   97         (1) Circuit courts shall have jurisdiction of appeals from
   98  county courts except appeals of county court orders or judgments
   99  declaring invalid a state statute or a provision of the State
  100  Constitution and except orders or judgments of a county court
  101  which are certified by the county court to the district court of
  102  appeal to be of great public importance and which are accepted
  103  by the district court of appeal for review. Circuit courts shall
  104  have jurisdiction of interlocutory appeals from orders on
  105  motions to dismiss, for dismissal, and for summary judgment
  106  rendered in cases in which a circuit court has exclusive
  107  original jurisdiction. Circuit courts shall have jurisdiction of
  108  appeals from final administrative orders of local government
  109  code enforcement boards.
  110         (6) The following special divisions of judicial circuits
  111  are created:
  112         (a) Unified family courts.—A unified family division is
  113  established in each judicial circuit for the purpose of
  114  consolidating cases and integrating subject matter pertaining to
  115  children and their families who are parties or persons of
  116  interest in proceedings or matters under chapters 39, 61, and
  117  63, s. 68.07, and chapters 88, 741, 742, 743, 984, 985, and
  118  1003. Each judicial circuit shall administer the division as
  119  prescribed by general law or s. 43.30 for the resolution of
  120  disputes involving children and families through a fully
  121  integrated, comprehensive approach that includes coordinated
  122  case management; the concept of “one family, one judge”;
  123  collaboration with the community for referral to needed
  124  services; and methods of alternative dispute resolution.
  125         (b) Teen courts.—A teen division is established in each
  126  judicial circuit for the purpose of administering teen courts as
  127  provided by s. 938.19. Each judicial circuit shall administer
  128  the division as prescribed by general law or s. 43.30.
  129         (c) Drug and mental health courts.—A drug and mental health
  130  division is established in each judicial circuit for the purpose
  131  of administering the programs under ss. 394.656, 394.658, and
  132  397.334. Each judicial circuit shall administer the division as
  133  prescribed by general law or s. 43.30.
  134         Section 4. Subsections (1), (2), and (5) of section 43.20,
  135  Florida Statutes, are amended, and subsections (6) and (7) are
  136  added to that section, to read:
  137         43.20 Judicial Qualifications Commission.—
  138         (1) PURPOSE.—The purpose of this section is to implement s.
  139  12(a)(b), Art. V of the State Constitution which provides for a
  140  Judicial Qualifications Commission.
  141         (2) MEMBERSHIP; TERMS.—The commission shall consist of 15
  142  13 members. The members of the commission shall serve for terms
  143  of 6 years.
  144         (5) EXPENSES.—The compensation of members and their staff
  145  and referees shall be the travel expense or transportation and
  146  per diem allowance provided by s. 112.061. Other administrative
  147  costs and expenses shall be appropriated under the state courts
  148  system.
  149         (6) COMMISSION STAFF.—The commission shall hire separate
  150  staff for each commission panel, which staff may be compensated
  151  or may be provided by volunteer services.
  152         (a) Staff for each commission panel must consist of at
  153  least one designated staff committee of five common citizen
  154  electors to assist and engage in the deliberations for each
  155  panel of members of the commission in carrying out its powers
  156  and duties. Such designated staff committee must consist of
  157  persons who are not considered to be officers of the court. The
  158  designated staff committee shall prepare a report of suggestions
  159  or comments.
  160         (b) The designated staff committee shall provide a copy of
  161  the report of its suggestions or comments to:
  162         1. The hearing panel upon submission of formal charges by
  163  the commission’s investigative panel to assist the hearing panel
  164  in its pending proceedings and final recommendations.
  165         2. The Supreme Court, together with the recommendations of
  166  the commission’s hearing panel, to assist the Supreme Court in
  167  its final determination.
  168         (c) The reports of the suggestions or comments of the
  169  designated staff committee shall be public records and available
  170  upon the final determination of any case rendered by any
  171  commission panel.
  172         (d) The commission shall adopt rules to implement this
  173  subsection.
  174         (7) COMMISSION ACCOUNTABILITY AND EFFICIENCY.—Pursuant to
  175  ss. 11.45(2)(a), 11.51(1), and 11.513(5), the Auditor General
  176  and the Office of Program Policy Analysis and Government
  177  Accountability shall conduct a full audit review and examination
  178  of the commission and prepare a report containing appropriate
  179  recommendations. The audit must be conducted every 2 years
  180  commencing July 1, 2011, in accordance with the full authority
  181  and responsibilities conferred upon the Auditor General and the
  182  Office of Program Policy Analysis and Government Accountability
  183  by general law. The report and recommendations shall be
  184  submitted within 1 year after the audit to the chair and vice
  185  chair of the Legislative Budget Commission, the chair and vice
  186  chair of the Legislative Auditing Committee, the Governor, and
  187  the Chief Justice of the Supreme Court.
  188         Section 5. The amendment to section 2.01, Florida Statutes,
  189  made by this act applies retroactively and prospectively.
  190  
  191  ================= T I T L E  A M E N D M E N T ================
  192         And the title is amended as follows:
  193         Delete line 2
  194  and insert:
  195         An act relating to the state judicial system; amending
  196         s. 2.01, F.S.; construing application of the common
  197         and statute laws of England to this state; amending s.
  198         25.382, F.S.; revising a definition; expanding the
  199         list of recipients required to be provided a certain
  200         annual report of the Florida Supreme Court; specifying
  201         a required use of such report; requiring the Supreme
  202         Court to develop a plan for certain civics promotion
  203         and judicial branch education purposes; requiring an
  204         annual plan implementation report; specifying report
  205         recipients and uses; requiring the Supreme Court to
  206         submit to certain recipients all final reports
  207         completed by certain committees; specifying uses of
  208         such reports; requiring the Auditor General and the
  209         Office of Program Policy Analysis and Government
  210         Accountability to conduct biennial full audit reviews
  211         and examinations of the state courts system; requiring
  212         reports; specifying recipients of the reports;
  213         amending s. 26.012, F.S.; specifying certain
  214         additional jurisdiction of circuit courts;
  215         establishing certain divisions within each judicial
  216         circuit for certain purposes; providing for
  217         administration of the divisions; amending s. 43.20,
  218         F.S.; correcting a cross-reference; increasing
  219         membership of the Judicial Qualifications Commission;
  220         revising expenses authorization for the commission;
  221         requiring the commission to hire staff for each
  222         commission panel; providing requirements for staff
  223         committees for commission panels; requiring reports of
  224         staff committees; specifying recipients of the reports
  225         for certain purposes; designating such reports as
  226         public records; requiring the commission to adopt
  227         rules; requiring the Auditor General and the Office of
  228         Program Policy Analysis and Government Accountability
  229         to conduct biennial full audit reviews and
  230         examinations of the commission; requiring reports;
  231         specifying recipients of the reports; specifying
  232         application of certain provisions;