| 1 | A bill to be entitled |
| 2 | An act relating to the judiciary; repealing s. 25.051, |
| 3 | F.S., relating to regular terms of the Supreme Court; |
| 4 | repealing s. 26.21, F.S., relating to terms of the circuit |
| 5 | courts; repealing s. 26.22, F.S., relating to terms of the |
| 6 | First Judicial Circuit; repealing s. 26.23, F.S., relating |
| 7 | to terms of the Second Judicial Circuit; repealing s. |
| 8 | 26.24, F.S., relating to terms of the Third Judicial |
| 9 | Circuit; repealing s. 26.25, F.S., relating to terms of |
| 10 | the Fourth Judicial Circuit; repealing s. 26.26, F.S., |
| 11 | relating to terms of the Fifth Judicial Circuit; repealing |
| 12 | s. 26.27, F.S., relating to terms of the Sixth Judicial |
| 13 | Circuit; repealing s. 26.28, F.S., relating to terms of |
| 14 | the Seventh Judicial Circuit; repealing s. 26.29, F.S., |
| 15 | relating to terms of the Eighth Judicial Circuit; |
| 16 | repealing s. 26.30, F.S., relating to terms of the Ninth |
| 17 | Judicial Circuit; repealing s. 26.31, F.S., relating to |
| 18 | terms of the Tenth Judicial Circuit; repealing s. 26.32, |
| 19 | F.S., relating to terms of the Eleventh Judicial Circuit; |
| 20 | repealing s. 26.33, F.S., relating to terms of the Twelfth |
| 21 | Judicial Circuit; repealing s. 26.34, F.S., relating to |
| 22 | terms of the Thirteenth Judicial Circuit; repealing s. |
| 23 | 26.35, F.S., relating to terms of the Fourteenth Judicial |
| 24 | Circuit; repealing s. 26.36, F.S., relating to terms of |
| 25 | the Fifteenth Judicial Circuit; repealing s. 26.361, F.S., |
| 26 | relating to terms of the Sixteenth Judicial Circuit; |
| 27 | repealing s. 26.362, F.S., relating to terms of the |
| 28 | Seventeenth Judicial Circuit; repealing s. 26.363, F.S., |
| 29 | relating to terms of the Eighteenth Judicial Circuit; |
| 30 | repealing s. 26.364, F.S., relating to terms of the |
| 31 | Nineteenth Judicial Circuit; repealing s. 26.365, F.S., |
| 32 | relating to terms of the Twentieth Judicial Circuit; |
| 33 | repealing s. 26.37, F.S., relating to requiring a judge to |
| 34 | attend the first day of each term of the circuit court; |
| 35 | repealing s. 26.38, F.S., relating to a requirement for a |
| 36 | judge to state a reason for nonattendance; repealing s. |
| 37 | 26.39, F.S., relating to penalty for nonattendance of |
| 38 | judge; repealing s. 26.40, F.S., relating to adjournment |
| 39 | of the circuit court upon nonattendance of the judge; |
| 40 | repealing s. 26.42, F.S., relating to calling all cases on |
| 41 | the docket at the end of each term; repealing s. 35.10, |
| 42 | F.S., relating to regular terms of the district courts of |
| 43 | appeal; repealing s. 35.11, F.S., relating to special |
| 44 | terms of the district courts of appeal; repealing s. |
| 45 | 907.05, F.S., relating to a requirement that criminal |
| 46 | trials be heard in the term of court prior to civil cases; |
| 47 | repealing s. 907.055, F.S., relating to a requirement that |
| 48 | persons in custody be arraigned and tried in the term of |
| 49 | court unless good cause is shown; amending ss. 26.46, |
| 50 | 30.12, and 30.15, F.S.; conforming provisions to changes |
| 51 | made by the act; creating s. 43.43, F.S.; allowing the |
| 52 | Supreme Court to set terms of court for the Supreme Court, |
| 53 | district courts of appeal, and circuit courts; creating s. |
| 54 | 43.44, F.S.; providing that appellate courts may withdraw |
| 55 | a mandate within 120 days after its issuance; amending ss. |
| 56 | 831.17, 877.08, 903.32, 905.01, 905.09, 905.095, and |
| 57 | 914.03, F.S.; conforming provisions to changes made by the |
| 58 | act; providing an effective date. |
| 59 |
|
| 60 | Be It Enacted by the Legislature of the State of Florida: |
| 61 |
|
| 62 | Section 1. Sections 25.051, 26.21, 26.22, 26.23, 26.24, |
| 63 | 26.25, 26.26, 26.27, 26.28, 26.29, 26.30, 26.31, 26.32, 26.33, |
| 64 | 26.34, 26.35, 26.36, 26.361, 26.362, 26.363, 26.364, 26.365, |
| 65 | 26.37, 26.38, 26.39, 26.40, 26.42, 35.10, 35.11, 907.05, and |
| 66 | 907.055, Florida Statutes, are repealed. |
| 67 | Section 2. Section 26.46, Florida Statutes, is amended to |
| 68 | read: |
| 69 | 26.46 Jurisdiction of resident judge after assignment.- |
| 70 | When a circuit judge is assigned to another circuit, none of the |
| 71 | circuit judges in such other circuit shall, because of such |
| 72 | assignment, be deprived of or affected in his or her |
| 73 | jurisdiction other than to the extent essential so as not to |
| 74 | conflict with the authority of the temporarily assigned circuit |
| 75 | judge as to the particular case or cases or class of cases, or |
| 76 | in presiding at the particular term or part of term named or |
| 77 | specified in the assignment. |
| 78 | Section 3. Section 30.12, Florida Statutes, is amended to |
| 79 | read: |
| 80 | 30.12 Power to appoint sheriff.-Whenever any sheriff in |
| 81 | the state shall fail to attend, in person or by deputy, any term |
| 82 | of the circuit court or county court of the county, from |
| 83 | sickness, death, or other cause, the judge attending said court |
| 84 | may appoint an interim a sheriff, who shall assume all the |
| 85 | responsibilities, perform all the duties, and receive the same |
| 86 | compensation as if he or she had been duly appointed sheriff, |
| 87 | for only the said term of nonattendance court and no longer. |
| 88 | Section 4. Paragraph (c) of subsection (1) of section |
| 89 | 30.15, Florida Statutes, is amended to read: |
| 90 | 30.15 Powers, duties, and obligations.- |
| 91 | (1) Sheriffs, in their respective counties, in person or |
| 92 | by deputy, shall: |
| 93 | (c) Attend all sessions terms of the circuit court and |
| 94 | county court held in their counties. |
| 95 | Section 5. Section 43.43, Florida Statutes, is created to |
| 96 | read: |
| 97 | 43.43 Terms of courts.-The Supreme Court may establish |
| 98 | terms of court for the Supreme Court, the district courts of |
| 99 | appeal, and the circuit courts; may provide that district courts |
| 100 | and circuit courts may establish their own terms of court; or |
| 101 | may dispense with terms of court. |
| 102 | Section 6. Section 43.44, Florida Statutes, is created to |
| 103 | read: |
| 104 | 43.44 Mandate of an appeals court.-An appellate court has |
| 105 | the jurisdiction and power, as the circumstances and justice of |
| 106 | the case may require, to reconsider, revise, reform, or modify |
| 107 | its own judgments for the purpose of making the same accord with |
| 108 | law and justice. Accordingly, an appellate court has the power |
| 109 | to recall its own mandate for the purpose of enabling it to |
| 110 | exercise such jurisdiction and power in a proper case. A mandate |
| 111 | may not be recalled more than 120 days after it is filed with |
| 112 | the lower tribunal. |
| 113 | Section 7. Section 831.17, Florida Statutes, is amended to |
| 114 | read: |
| 115 | 831.17 Violation of s. 831.16; second or subsequent |
| 116 | conviction.-Whoever having been convicted of either of the |
| 117 | offenses mentioned in s. 831.16, is again convicted of either of |
| 118 | the same offenses, committed after the former conviction, and |
| 119 | whoever is at the same term of the court convicted upon three |
| 120 | distinct charges of said offenses, commits a felony of the |
| 121 | second degree, punishable as provided in s. 775.082, s. 775.083, |
| 122 | or s. 775.084. |
| 123 | Section 8. Subsection (4) of section 877.08, Florida |
| 124 | Statutes, is amended to read: |
| 125 | 877.08 Coin-operated vending machines and parking meters; |
| 126 | defined; prohibited acts, penalties.- |
| 127 | (4) Whoever violates the provisions of subsection (3) a |
| 128 | second or subsequent time commits, and is convicted of such |
| 129 | second separate offense, either at the same term or a subsequent |
| 130 | term of court, shall be guilty of a felony of the third degree, |
| 131 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 132 | Section 9. Subsection (2) of section 903.32, Florida |
| 133 | Statutes, is amended to read: |
| 134 | 903.32 Defects in bond.- |
| 135 | (2) If no day, or an impossible day, is stated in a bond |
| 136 | for the defendant's appearance before a trial court judge for a |
| 137 | hearing or trial, the defendant shall be bound to appear 10 days |
| 138 | after receipt of notice to appear by the defendant, the |
| 139 | defendant's counsel, or any surety on the undertaking. If no |
| 140 | day, or an impossible day, is stated in a bond for the |
| 141 | defendant's appearance for trial, the defendant shall be bound |
| 142 | to appear on the first day of the next term of court that will |
| 143 | commence more than 3 days after the undertaking is given. |
| 144 | Section 10. Subsection (3) of section 905.01, Florida |
| 145 | Statutes, is amended to read: |
| 146 | 905.01 Number and procurement of grand jury; replacement |
| 147 | of member; term of grand jury.- |
| 148 | (3) The chief judge of each any circuit court shall |
| 149 | regularly order may dispense with the convening of the grand |
| 150 | jury for a at any term of 6 months court by filing a written |
| 151 | order with the clerk of court directing that a grand jury not be |
| 152 | summoned. |
| 153 | Section 11. Section 905.09, Florida Statutes, is amended |
| 154 | to read: |
| 155 | 905.09 Discharge and recall of grand jury.-A grand jury |
| 156 | that has been dismissed may be recalled at any time during the |
| 157 | same term of the grand jury court. |
| 158 | Section 12. Section 905.095, Florida Statutes, is amended |
| 159 | to read: |
| 160 | 905.095 Extension of grand jury term.-Upon petition of the |
| 161 | state attorney or the foreperson of the grand jury acting on |
| 162 | behalf of a majority of the grand jurors, the circuit court may |
| 163 | extend the term of a grand jury impaneled under this chapter |
| 164 | beyond the term of court in which it was originally impaneled. A |
| 165 | grand jury whose term has been extended as provided herein shall |
| 166 | have the same composition and the same powers and duties it had |
| 167 | during its original term. In the event the term of the grand |
| 168 | jury is extended under this section, it shall be extended for a |
| 169 | time certain, not to exceed a total of 90 days, and only for the |
| 170 | purpose of concluding one or more specified investigative |
| 171 | matters initiated during its original term. |
| 172 | Section 13. Section 914.03, Florida Statutes, is amended |
| 173 | to read: |
| 174 | 914.03 Attendance of witnesses.-A witness summoned by a |
| 175 | grand jury or in a criminal case shall remain in attendance |
| 176 | until excused by the grand jury. A witness summoned in a |
| 177 | criminal case shall remain in attendance until excused by the |
| 178 | court. A witness who departs without permission of the court |
| 179 | shall be in criminal contempt of court. A witness shall attend |
| 180 | each succeeding term of court until the case is terminated. |
| 181 | Section 14. This act shall take effect January 1, 2012. |