| 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 | 27.04, 30.12, 30.15, 34.13, 35.05, and 38.23, F.S.; |
| 51 | conforming provisions to changes made by the act; creating |
| 52 | s. 43.43, F.S.; allowing the Supreme Court to set terms of |
| 53 | court for the Supreme Court, district courts of appeal, |
| 54 | and circuit courts; creating s. 43.44, F.S.; providing |
| 55 | that appellate courts may withdraw a mandate within 120 |
| 56 | days after its issuance; amending ss. 112.19, 206.215, |
| 57 | 450.121, 831.10, 831.17, 877.08, 902.19, 903.32, 905.01, |
| 58 | 905.09, 905.095, 914.03, 924.065, and 932.47, F.S.; |
| 59 | conforming provisions to changes made by the act; |
| 60 | providing an effective date. |
| 61 |
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| 62 | Be It Enacted by the Legislature of the State of Florida: |
| 63 |
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| 64 | Section 1. Sections 25.051, 26.21, 26.22, 26.23, 26.24, |
| 65 | 26.25, 26.26, 26.27, 26.28, 26.29, 26.30, 26.31, 26.32, 26.33, |
| 66 | 26.34, 26.35, 26.36, 26.361, 26.362, 26.363, 26.364, 26.365, |
| 67 | 26.37, 26.38, 26.39, 26.40, 26.42, 35.10, 35.11, 907.05, and |
| 68 | 907.055, Florida Statutes, are repealed. |
| 69 | Section 2. Section 26.46, Florida Statutes, is amended to |
| 70 | read: |
| 71 | 26.46 Jurisdiction of resident judge after assignment.- |
| 72 | When a circuit judge is assigned to another circuit, none of the |
| 73 | circuit judges in such other circuit shall, because of such |
| 74 | assignment, be deprived of or affected in his or her |
| 75 | jurisdiction other than to the extent essential so as not to |
| 76 | conflict with the authority of the temporarily assigned circuit |
| 77 | judge as to the particular case or cases or class of cases, or |
| 78 | in presiding at the particular term or part of term named or |
| 79 | specified in the assignment. |
| 80 | Section 3. Section 27.04, Florida Statutes, is amended to |
| 81 | read: |
| 82 | 27.04 Summoning and examining witnesses for state.-The |
| 83 | state attorney shall have summoned all witnesses required on |
| 84 | behalf of the state; and he or she is allowed the process of his |
| 85 | or her court to summon witnesses from throughout the state to |
| 86 | appear before the state attorney in or out of term time at such |
| 87 | convenient places in the state attorney's judicial circuit and |
| 88 | at such convenient times as may be designated in the summons, to |
| 89 | testify before him or her as to any violation of the law upon |
| 90 | which they may be interrogated, and he or she is empowered to |
| 91 | administer oaths to all witnesses summoned to testify by the |
| 92 | process of his or her court or who may voluntarily appear before |
| 93 | the state attorney to testify as to any violation or violations |
| 94 | of the law. |
| 95 | Section 4. Section 30.12, Florida Statutes, is amended to |
| 96 | read: |
| 97 | 30.12 Power to appoint sheriff.-Whenever any sheriff in |
| 98 | the state shall fail to attend, in person or by deputy, any term |
| 99 | of the circuit court or county court of the county, from |
| 100 | sickness, death, or other cause, the judge attending said court |
| 101 | may appoint an interim a sheriff, who shall assume all the |
| 102 | responsibilities, perform all the duties, and receive the same |
| 103 | compensation as if he or she had been duly appointed sheriff, |
| 104 | for only the said term of nonattendance court and no longer. |
| 105 | Section 5. Paragraph (c) of subsection (1) of section |
| 106 | 30.15, Florida Statutes, is amended to read: |
| 107 | 30.15 Powers, duties, and obligations.- |
| 108 | (1) Sheriffs, in their respective counties, in person or |
| 109 | by deputy, shall: |
| 110 | (c) Attend all sessions terms of the circuit court and |
| 111 | county court held in their counties. |
| 112 | Section 6. Subsection (2) of section 34.13, Florida |
| 113 | Statutes, is amended to read: |
| 114 | 34.13 Method of prosecution.- |
| 115 | (2) Upon the finding of indictments by the grand jury for |
| 116 | crimes cognizable by the county court, the clerk of the court, |
| 117 | without any order therefor, shall docket the same on the trial |
| 118 | docket of the county court on or before the first day of its |
| 119 | next succeeding term. |
| 120 | Section 7. Subsection (2) of section 35.05, Florida |
| 121 | Statutes, is amended to read: |
| 122 | 35.05 Headquarters.- |
| 123 | (2) A district court of appeal may designate other |
| 124 | locations within its district as branch headquarters for the |
| 125 | conduct of the business of the court in special or regular term |
| 126 | and as the official headquarters of its officers or employees |
| 127 | pursuant to s. 112.061. |
| 128 | Section 8. Section 38.23, Florida Statutes, is amended to |
| 129 | read: |
| 130 | 38.23 Contempt Contempts defined.-A refusal to obey any |
| 131 | legal order, mandate or decree, made or given by any judge |
| 132 | either in term time or in vacation relative to any of the |
| 133 | business of said court, after due notice thereof, shall be |
| 134 | considered a contempt, and punished accordingly. But nothing |
| 135 | said or written, or published, in vacation, to or of any judge, |
| 136 | or of any decision made by a judge, shall in any case be |
| 137 | construed to be a contempt. |
| 138 | Section 9. Section 43.43, Florida Statutes, is created to |
| 139 | read: |
| 140 | 43.43 Terms of courts.-The Supreme Court may establish |
| 141 | terms of court for the Supreme Court, the district courts of |
| 142 | appeal, and the circuit courts; may provide that district courts |
| 143 | and circuit courts may establish their own terms of court; or |
| 144 | may dispense with terms of court. |
| 145 | Section 10. Section 43.44, Florida Statutes, is created to |
| 146 | read: |
| 147 | 43.44 Mandate of an appeals court.-An appellate court has |
| 148 | the jurisdiction and power, as the circumstances and justice of |
| 149 | the case may require, to reconsider, revise, reform, or modify |
| 150 | its own judgments for the purpose of making the same accord with |
| 151 | law and justice. Accordingly, an appellate court has the power |
| 152 | to recall its own mandate for the purpose of enabling it to |
| 153 | exercise such jurisdiction and power in a proper case. A mandate |
| 154 | may not be recalled more than 120 days after it is filed with |
| 155 | the lower tribunal. |
| 156 | Section 11. Paragraph (b) of subsection (1) of section |
| 157 | 112.19, Florida Statutes, is amended to read: |
| 158 | 112.19 Law enforcement, correctional, and correctional |
| 159 | probation officers; death benefits.- |
| 160 | (1) Whenever used in this section, the term: |
| 161 | (b) "Law enforcement, correctional, or correctional |
| 162 | probation officer" means any officer as defined in s. 943.10(14) |
| 163 | or employee of the state or any political subdivision of the |
| 164 | state, including any law enforcement officer, correctional |
| 165 | officer, correctional probation officer, state attorney |
| 166 | investigator, or public defender investigator, whose duties |
| 167 | require such officer or employee to investigate, pursue, |
| 168 | apprehend, arrest, transport, or maintain custody of persons who |
| 169 | are charged with, suspected of committing, or convicted of a |
| 170 | crime; and the term includes any member of a bomb disposal unit |
| 171 | whose primary responsibility is the location, handling, and |
| 172 | disposal of explosive devices. The term also includes any full- |
| 173 | time officer or employee of the state or any political |
| 174 | subdivision of the state, certified pursuant to chapter 943, |
| 175 | whose duties require such officer to serve process or to attend |
| 176 | session terms of a circuit or county court as bailiff. |
| 177 | Section 12. Subsection (2) of section 206.215, Florida |
| 178 | Statutes, is amended to read: |
| 179 | 206.215 Costs and expenses of proceedings.- |
| 180 | (2) The clerks of the courts performing duties under the |
| 181 | provisions aforesaid shall receive the same fees as prescribed |
| 182 | by the general law for the performance of similar duties, and |
| 183 | witnesses attending any investigation pursuant to subpoena shall |
| 184 | receive the same mileage and per diem as if attending as a |
| 185 | witness before the circuit court in term time. |
| 186 | Section 13. Subsection (4) of section 450.121, Florida |
| 187 | Statutes, is amended to read: |
| 188 | 450.121 Enforcement of Child Labor Law.- |
| 189 | (4) Grand juries shall have inquisitorial powers to |
| 190 | investigate violations of this chapter; also, trial court judges |
| 191 | shall specially charge the grand jury, at the beginning of each |
| 192 | term of the court, to investigate violations of this chapter. |
| 193 | Section 14. Section 831.10, Florida Statutes, is amended |
| 194 | to read: |
| 195 | 831.10 Second conviction of uttering forged bills.- |
| 196 | Whoever, having been convicted of the offense mentioned in s. |
| 197 | 831.09 is again convicted of the like offense committed after |
| 198 | the former conviction, and whoever is at the same term of the |
| 199 | court convicted upon three distinct charges of such offense, |
| 200 | shall be deemed a common utterer of counterfeit bills, and shall |
| 201 | be punished as provided in s. 775.084. |
| 202 | Section 15. Section 831.17, Florida Statutes, is amended |
| 203 | to read: |
| 204 | 831.17 Violation of s. 831.16; second or subsequent |
| 205 | conviction.-Whoever having been convicted of either of the |
| 206 | offenses mentioned in s. 831.16, is again convicted of either of |
| 207 | the same offenses, committed after the former conviction, and |
| 208 | whoever is at the same term of the court convicted upon three |
| 209 | distinct charges of said offenses, commits a felony of the |
| 210 | second degree, punishable as provided in s. 775.082, s. 775.083, |
| 211 | or s. 775.084. |
| 212 | Section 16. Subsection (4) of section 877.08, Florida |
| 213 | Statutes, is amended to read: |
| 214 | 877.08 Coin-operated vending machines and parking meters; |
| 215 | defined; prohibited acts, penalties.- |
| 216 | (4) Whoever violates the provisions of subsection (3) a |
| 217 | second or subsequent time commits, and is convicted of such |
| 218 | second separate offense, either at the same term or a subsequent |
| 219 | term of court, shall be guilty of a felony of the third degree, |
| 220 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 221 | Section 17. Subsection (1) of section 902.19, Florida |
| 222 | Statutes, is amended to read: |
| 223 | 902.19 When prosecutor liable for costs.- |
| 224 | (1) When a person makes a complaint before a county court |
| 225 | judge that a crime has been committed and is recognized by the |
| 226 | county court judge to appear before at the next term of the |
| 227 | court having jurisdiction to give evidence of the crime and |
| 228 | fails to appear, the person shall be liable for all costs |
| 229 | occasioned by his or her complaint, and the county court judge |
| 230 | may enter obtain a judgment and execution for the costs as in |
| 231 | other cases. |
| 232 | Section 18. Subsection (2) of section 903.32, Florida |
| 233 | Statutes, is amended to read: |
| 234 | 903.32 Defects in bond.- |
| 235 | (2) If no day, or an impossible day, is stated in a bond |
| 236 | for the defendant's appearance before a trial court judge for a |
| 237 | hearing or trial, the defendant shall be bound to appear 10 days |
| 238 | after receipt of notice to appear by the defendant, the |
| 239 | defendant's counsel, or any surety on the undertaking. If no |
| 240 | day, or an impossible day, is stated in a bond for the |
| 241 | defendant's appearance for trial, the defendant shall be bound |
| 242 | to appear on the first day of the next term of court that will |
| 243 | commence more than 3 days after the undertaking is given. |
| 244 | Section 19. Subsection (3) of section 905.01, Florida |
| 245 | Statutes, is amended to read: |
| 246 | 905.01 Number and procurement of grand jury; replacement |
| 247 | of member; term of grand jury.- |
| 248 | (3) The chief judge of each any circuit court shall |
| 249 | regularly order may dispense with the convening of the grand |
| 250 | jury for a at any term of 6 months court by filing a written |
| 251 | order with the clerk of court directing that a grand jury not be |
| 252 | summoned. |
| 253 | Section 20. Section 905.09, Florida Statutes, is amended |
| 254 | to read: |
| 255 | 905.09 Discharge and recall of grand jury.-A grand jury |
| 256 | that has been dismissed may be recalled at any time during the |
| 257 | same term of the grand jury court. |
| 258 | Section 21. Section 905.095, Florida Statutes, is amended |
| 259 | to read: |
| 260 | 905.095 Extension of grand jury term.-Upon petition of the |
| 261 | state attorney or the foreperson of the grand jury acting on |
| 262 | behalf of a majority of the grand jurors, the circuit court may |
| 263 | extend the term of a grand jury impaneled under this chapter |
| 264 | beyond the term of court in which it was originally impaneled. A |
| 265 | grand jury whose term has been extended as provided herein shall |
| 266 | have the same composition and the same powers and duties it had |
| 267 | during its original term. In the event the term of the grand |
| 268 | jury is extended under this section, it shall be extended for a |
| 269 | time certain, not to exceed a total of 90 days, and only for the |
| 270 | purpose of concluding one or more specified investigative |
| 271 | matters initiated during its original term. |
| 272 | Section 22. Section 914.03, Florida Statutes, is amended |
| 273 | to read: |
| 274 | 914.03 Attendance of witnesses.-A witness summoned by a |
| 275 | grand jury or in a criminal case shall remain in attendance |
| 276 | until excused by the grand jury. A witness summoned in a |
| 277 | criminal case shall remain in attendance until excused by the |
| 278 | court. A witness who departs without permission of the court |
| 279 | shall be in criminal contempt of court. A witness shall attend |
| 280 | each succeeding term of court until the case is terminated. |
| 281 | Section 23. Subsection (2) of section 924.065, Florida |
| 282 | Statutes, is amended to read: |
| 283 | 924.065 Denial of motion for new trial or arrest of |
| 284 | judgment; appeal bond; supersedeas.- |
| 285 | (2) An appeal shall not be a supersedeas to the execution |
| 286 | of the judgment, sentence, or order until the appellant has |
| 287 | entered into a bond with at least two sureties to secure the |
| 288 | payment of the judgment, fine, and any future costs that may be |
| 289 | adjudged by the appellate court. The bond shall be conditioned |
| 290 | on the appellant's personally answering and abiding by the final |
| 291 | order, sentence, or judgment of the appellate court and, if the |
| 292 | action is remanded, on the appellant's appearing before at the |
| 293 | next term of the court in which the case was originally |
| 294 | determined and not departing without leave of court. |
| 295 | Section 24. Section 932.47, Florida Statutes, is amended |
| 296 | to read: |
| 297 | 932.47 Informations filed by prosecuting attorneys.- |
| 298 | Informations may be filed by the prosecuting attorney of the |
| 299 | circuit court with the clerk of the circuit court in vacation or |
| 300 | in term without leave of the court first being obtained. |
| 301 | Section 25. This act shall take effect January 1, 2012. |