| 1 | A bill to be entitled |
| 2 | An act relating to the courts; creating s. 25.025, F.S.; |
| 3 | providing for the divisions of the Supreme Court and their |
| 4 | respective jurisdictions; amending s. 25.031, F.S.; |
| 5 | authorizing Supreme Court collaboration with other courts; |
| 6 | repealing s. 25.032, F.S., relating to collaboration by |
| 7 | the Supreme Court with other courts of last resort for the |
| 8 | preparation and approval of uniform rules relating to |
| 9 | certification of questions of law, rules, and regulations; |
| 10 | repealing s. 25.051, F.S., relating to terms of the |
| 11 | Supreme Court; repealing s. 25.151, F.S., relating to the |
| 12 | practice of law by retired justices of the Supreme Court; |
| 13 | amending s. 25.191, F.S.; revising provisions relating to |
| 14 | the clerk of the Supreme Court; repealing s. 25.201, F.S., |
| 15 | relating to the appointment of a deputy clerk of the |
| 16 | Supreme Court; repealing s. 25.211, F.S., relating to the |
| 17 | location of the clerk's office of the Supreme Court; |
| 18 | repealing s. 25.221, F.S., relating to the custody of |
| 19 | books, papers, records, files, and the seal of the Supreme |
| 20 | Court; repealing s. 25.231, F.S., relating to the duties |
| 21 | of the clerk of the Supreme Court; amending s. 25.241, |
| 22 | F.S.; providing duties of the clerk of the Supreme Court; |
| 23 | amending s. 25.251, F.S.; revising provisions relating to |
| 24 | the marshal of the Supreme Court; repealing s. 25.262, |
| 25 | F.S., relating to the Supreme Court marshal's power to |
| 26 | execute the process of the court; creating s. 25.265, |
| 27 | F.S.; providing for the location of the Supreme Court |
| 28 | Building; repealing s. 25.281, F.S., relating to the |
| 29 | compensation of the marshal of the Supreme Court; |
| 30 | repealing s. 25.291, F.S., relating to the deposit of |
| 31 | fines for contempt of the Supreme Court; amending s. |
| 32 | 25.341, F.S.; revising provisions relating to the library |
| 33 | of the Supreme Court; repealing s. 25.351, F.S., relating |
| 34 | to the acquisition of books for the library of the Supreme |
| 35 | Court; repealing s. 25.371, F.S., relating to effect of |
| 36 | court rules; amending s. 43.20, F.S.; correcting a |
| 37 | reference to the number of members of the Judicial |
| 38 | Qualifications Commission; amending s. 215.32, F.S.; |
| 39 | exempting the State Courts Revenue Trust Fund from |
| 40 | provisions relating to authority for transfer of |
| 41 | unappropriated cash balances to specified trust funds; |
| 42 | amending s. 272.04, F.S.; revising provisions relating to |
| 43 | the allocation of space in the Supreme Court Building; |
| 44 | amending s. 440.29, F.S.; correcting a reference to the |
| 45 | rules of practice and procedure before the judges of |
| 46 | compensation claims; providing a contingent appropriation; |
| 47 | providing a contingent effective date. |
| 48 |
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| 49 | Be It Enacted by the Legislature of the State of Florida: |
| 50 |
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| 51 | Section 1. Section 25.025, Florida Statutes, is created to |
| 52 | read: |
| 53 | 25.025 Supreme Court divisions; jurisdiction.- |
| 54 | (1) The Supreme Court shall have a civil division and a |
| 55 | criminal division. Each division shall have the jurisdiction as |
| 56 | described in s. 3, Art. V of the State Constitution. |
| 57 | (2) Pursuant to s. 3(c)(3), Art. V of the State |
| 58 | Constitution, the following types of cases are criminal cases: |
| 59 | (a) Any case or controversy primarily involving the |
| 60 | commission of a felony or misdemeanor. Criminal cases also |
| 61 | includes any case or controversy involving criminal law, |
| 62 | criminal penalties, criminal procedure, juvenile delinquency, or |
| 63 | any related action regarding the interpretation of or resolution |
| 64 | of matters directly affecting the criminal law. |
| 65 | (b) Equitable relief related to the criminal law, |
| 66 | including an action in which a party seeks to enjoin the |
| 67 | application or form of a criminal penalty. |
| 68 | (c) Appeals from a military court martial. |
| 69 | (d) Any case filed by a prisoner under a penalty of death. |
| 70 | (e) Any criminal postconviction case. |
| 71 | (f) Any prosecution for violation of a local ordinance for |
| 72 | which the imposition of a term of jail or prison is possible. |
| 73 | (g) Restitution ordered in a criminal case. |
| 74 | (h) Payment of fines, costs, or fees imposed in a criminal |
| 75 | case. |
| 76 | (3) Pursuant to s. 3(c)(3), Art. V of the State |
| 77 | Constitution, the following types of cases are civil cases |
| 78 | unless the case involves a criminal offense: |
| 79 | (a) Any case or controversy within the traditional |
| 80 | concepts of civil law, including tort, contract, family law, |
| 81 | probate, trusts, real property, employment law, taxation, and |
| 82 | elections. |
| 83 | (b) Civil confinement pursuant to chapter 394 or chapter |
| 84 | 397. |
| 85 | (c) Civil forfeiture or civil penalties resulting from |
| 86 | criminal activity. |
| 87 | (d) Noncriminal offenses, including traffic, vessel, and |
| 88 | environmental noncriminal offenses. |
| 89 | (e) State budgeting and finance laws. |
| 90 | (f) Public records and public meetings laws. |
| 91 | (g) Regulation of businesses and professions. |
| 92 | (h) Confinement for contempt of court. |
| 93 | (i) Consumer protection pursuant to chapter 501. |
| 94 | Section 2. Section 25.031, Florida Statutes, is amended to |
| 95 | read: |
| 96 | 25.031 Supreme Court authorized to receive and answer |
| 97 | certificates as to state law from federal appellate courts; |
| 98 | collaborations with other courts.- |
| 99 | (1) The Supreme Court of this state may, by rule of court, |
| 100 | provide that, when it shall appear to the Supreme Court of the |
| 101 | United States, to any circuit court of appeals of the United |
| 102 | States, or to the Court of Appeals of the District of Columbia, |
| 103 | that there are involved in any proceeding before it questions or |
| 104 | propositions of the laws of this state, which are determinative |
| 105 | of the said cause, and there are no clear controlling precedents |
| 106 | in the decisions of the Supreme Court of this state, such |
| 107 | federal appellate court may certify such questions or |
| 108 | propositions of the laws of this state to the Supreme Court of |
| 109 | this state for instructions concerning such questions or |
| 110 | propositions of state law, which certificate the Supreme Court |
| 111 | of this state, by written opinion, may answer. |
| 112 | (2) The Supreme Court of this state is authorized and |
| 113 | empowered to collaborate with any and all other courts of last |
| 114 | resort, of other states and of the United States, in the |
| 115 | preparation and approval of uniform rules of court to make |
| 116 | effective this and similar laws. |
| 117 | Section 3. Section 25.032, Florida Statutes, is repealed. |
| 118 | Section 4. Section 25.051, Florida Statutes, is repealed. |
| 119 | Section 5. Section 25.151, Florida Statutes, is repealed. |
| 120 | Section 6. Section 25.191, Florida Statutes, is amended to |
| 121 | read: |
| 122 | 25.191 Clerk of Supreme Court.- |
| 123 | (1) The Supreme Court shall appoint a clerk of the Supreme |
| 124 | Court, who shall hold office during the pleasure of the court. |
| 125 | (2) The clerk of the Supreme Court shall serve both |
| 126 | divisions of the court. |
| 127 | (3) The clerk of the Supreme Court may appoint a deputy or |
| 128 | deputies who, being duly sworn, may discharge all of the duties |
| 129 | of the office of clerk during the clerk's absence. The clerk of |
| 130 | the Supreme Court is responsible for the acts of any deputy. |
| 131 | (4) All books, papers, records, files, and the seal of the |
| 132 | Supreme Court shall be kept in the office of the clerk of the |
| 133 | Supreme Court and in the clerk's custody. |
| 134 | Section 7. Section 25.201, Florida Statutes, is repealed. |
| 135 | Section 8. Section 25.211, Florida Statutes, is repealed. |
| 136 | Section 9. Section 25.221, Florida Statutes, is repealed. |
| 137 | Section 10. Section 25.231, Florida Statutes, is repealed. |
| 138 | Section 11. Section 25.241, Florida Statutes, is amended |
| 139 | to read: |
| 140 | 25.241 Clerk of Supreme Court; compensation; assistants; |
| 141 | Filing fees; duties of the clerk of the Supreme Court, etc.- |
| 142 | (1) The Clerk of the Supreme Court shall be paid an annual |
| 143 | salary to be determined in accordance with s. 25.382. |
| 144 | (2) The Clerk of the Supreme Court is authorized to employ |
| 145 | such deputies and clerical assistants as may be necessary. Their |
| 146 | number and compensation shall be approved by the court. The |
| 147 | compensation of such employees shall be paid from the annual |
| 148 | appropriation for the Supreme Court. |
| 149 | (1)(3)(a) The clerk of the Supreme Court is hereby |
| 150 | required to collect, upon the filing of a certified copy of a |
| 151 | notice of appeal or petition, $300 for each case docketed, and |
| 152 | for copying, certifying, or furnishing opinions, records, |
| 153 | papers, or other instruments, except as otherwise herein |
| 154 | provided, the same fees that are allowed clerks of the circuit |
| 155 | court; however, no fee shall be less than $1. The State of |
| 156 | Florida or its agencies, when appearing as appellant or |
| 157 | petitioner, is exempt from the filing fees required in this |
| 158 | subsection. From each attorney appearing pro hac vice, the clerk |
| 159 | of the Supreme Court shall collect an additional fee of $100 to |
| 160 | be deposited into the General Revenue Fund. |
| 161 | (b) Upon the filing of a notice of cross-appeal, or a |
| 162 | notice of joinder or motion to intervene as an appellant, cross- |
| 163 | appellant, or petitioner, the clerk of the Supreme Court shall |
| 164 | charge and collect a filing fee of $295. |
| 165 | (c) The clerk shall remit the fee to the Department of |
| 166 | Revenue for deposit into the General Revenue Fund. The state and |
| 167 | its agencies are exempt from paying any the filing fee or other |
| 168 | cost required in this subsection paragraph. |
| 169 | (2)(4) The clerk of the Supreme Court is hereby |
| 170 | authorized, immediately after a case is disposed of, to supply |
| 171 | the judge who tried the case and from whose order, judgment, or |
| 172 | decree, appeal or other review is taken, and any court which |
| 173 | reviewed it, a copy of all opinions, orders, or judgments filed |
| 174 | in such case. Copies of opinions, orders, and decrees shall be |
| 175 | furnished in all cases to each attorney of record; copies for |
| 176 | publication in Florida reports shall be without charge; and |
| 177 | copies furnished to the law book publishers shall be at one-half |
| 178 | the regular statutory fee. |
| 179 | (3)(5) The clerk of the Supreme Court is hereby required |
| 180 | to prepare a statement of all moneys fees collected each month |
| 181 | and remit such statement, together with all moneys fees |
| 182 | collected by him or her, to the Chief Financial Officer. The |
| 183 | Chief Financial Officer shall deposit $250 of each $300 filing |
| 184 | fee and all other fees or moneys collected into the General |
| 185 | Revenue Fund. The Chief Financial Officer shall deposit $50 of |
| 186 | each filing fee collected into the State Courts Revenue Trust |
| 187 | Fund to fund court operations as authorized in the General |
| 188 | Appropriations Act. |
| 189 | Section 12. Section 25.251, Florida Statutes, is amended |
| 190 | to read: |
| 191 | 25.251 Marshal of Supreme Court; appointment; training; |
| 192 | process.- |
| 193 | (1) The Supreme Court shall appoint a marshal who shall |
| 194 | hold office during the pleasure of the court. |
| 195 | (2) The marshal and his or her assistants shall attend and |
| 196 | successfully complete a minimum standards training program |
| 197 | approved by the Criminal Justice Standards and Training |
| 198 | Commission within the Department of Law Enforcement. |
| 199 | (3) The marshal shall have the power to execute the |
| 200 | process of the Supreme Court throughout the state, and in any |
| 201 | county he or she may deputize the sheriff or a deputy sheriff |
| 202 | for such purpose. |
| 203 | Section 13. Section 25.262, Florida Statutes, is repealed. |
| 204 | Section 14. Section 25.265, Florida Statutes, is created |
| 205 | to read: |
| 206 | 25.265 Supreme Court Building.-The Supreme Court Building |
| 207 | shall be located at 2000 Drayton Drive, Tallahassee, Florida. |
| 208 | Section 15. Section 25.281, Florida Statutes, is repealed. |
| 209 | Section 16. Section 25.291, Florida Statutes, is repealed. |
| 210 | Section 17. Section 25.341, Florida Statutes, is amended |
| 211 | to read: |
| 212 | 25.341 Library of Supreme Court, custodian.-The library of |
| 213 | the Supreme Court shall be in custody of the librarian appointed |
| 214 | by the court, who shall be subject to its direction. Books for |
| 215 | the library may be acquired by purchase or by exchange. The |
| 216 | library may be located in a building other than the Supreme |
| 217 | Court Building. |
| 218 | Section 18. Section 25.351, Florida Statutes, is repealed. |
| 219 | Section 19. Section 25.371, Florida Statutes, is repealed. |
| 220 | Section 20. Subsection (2) of section 43.20, Florida |
| 221 | Statutes, is amended to read: |
| 222 | 43.20 Judicial Qualifications Commission.- |
| 223 | (2) MEMBERSHIP; TERMS.-The commission shall consist of 15 |
| 224 | 13 members. The members of the commission shall serve for terms |
| 225 | of 6 years. |
| 226 | Section 21. Paragraph (b) of subsection (2) of section |
| 227 | 215.32, Florida Statutes, is amended to read: |
| 228 | 215.32 State funds; segregation.- |
| 229 | (2) The source and use of each of these funds shall be as |
| 230 | follows: |
| 231 | (b)1. The trust funds shall consist of moneys received by |
| 232 | the state which under law or under trust agreement are |
| 233 | segregated for a purpose authorized by law. The state agency or |
| 234 | branch of state government receiving or collecting such moneys |
| 235 | shall be responsible for their proper expenditure as provided by |
| 236 | law. Upon the request of the state agency or branch of state |
| 237 | government responsible for the administration of the trust fund, |
| 238 | the Chief Financial Officer may establish accounts within the |
| 239 | trust fund at a level considered necessary for proper |
| 240 | accountability. Once an account is established within a trust |
| 241 | fund, the Chief Financial Officer may authorize payment from |
| 242 | that account only upon determining that there is sufficient cash |
| 243 | and releases at the level of the account. |
| 244 | 2. In addition to other trust funds created by law, to the |
| 245 | extent possible, each agency shall use the following trust funds |
| 246 | as described in this subparagraph for day-to-day operations: |
| 247 | a. Operations or operating trust fund, for use as a |
| 248 | depository for funds to be used for program operations funded by |
| 249 | program revenues, with the exception of administrative |
| 250 | activities when the operations or operating trust fund is a |
| 251 | proprietary fund. |
| 252 | b. Operations and maintenance trust fund, for use as a |
| 253 | depository for client services funded by third-party payors. |
| 254 | c. Administrative trust fund, for use as a depository for |
| 255 | funds to be used for management activities that are departmental |
| 256 | in nature and funded by indirect cost earnings and assessments |
| 257 | against trust funds. Proprietary funds are excluded from the |
| 258 | requirement of using an administrative trust fund. |
| 259 | d. Grants and donations trust fund, for use as a |
| 260 | depository for funds to be used for allowable grant or donor |
| 261 | agreement activities funded by restricted contractual revenue |
| 262 | from private and public nonfederal sources. |
| 263 | e. Agency working capital trust fund, for use as a |
| 264 | depository for funds to be used pursuant to s. 216.272. |
| 265 | f. Clearing funds trust fund, for use as a depository for |
| 266 | funds to account for collections pending distribution to lawful |
| 267 | recipients. |
| 268 | g. Federal grant trust fund, for use as a depository for |
| 269 | funds to be used for allowable grant activities funded by |
| 270 | restricted program revenues from federal sources. |
| 271 |
|
| 272 | To the extent possible, each agency must adjust its internal |
| 273 | accounting to use existing trust funds consistent with the |
| 274 | requirements of this subparagraph. If an agency does not have |
| 275 | trust funds listed in this subparagraph and cannot make such |
| 276 | adjustment, the agency must recommend the creation of the |
| 277 | necessary trust funds to the Legislature no later than the next |
| 278 | scheduled review of the agency's trust funds pursuant to s. |
| 279 | 215.3206. |
| 280 | 3. All such moneys are hereby appropriated to be expended |
| 281 | in accordance with the law or trust agreement under which they |
| 282 | were received, subject always to the provisions of chapter 216 |
| 283 | relating to the appropriation of funds and to the applicable |
| 284 | laws relating to the deposit or expenditure of moneys in the |
| 285 | State Treasury. |
| 286 | 4.a. Notwithstanding any provision of law restricting the |
| 287 | use of trust funds to specific purposes, unappropriated cash |
| 288 | balances from selected trust funds may be authorized by the |
| 289 | Legislature for transfer to the Budget Stabilization Fund and |
| 290 | General Revenue Fund in the General Appropriations Act. |
| 291 | b. This subparagraph does not apply to trust funds |
| 292 | required by federal programs or mandates; trust funds |
| 293 | established for bond covenants, indentures, or resolutions whose |
| 294 | revenues are legally pledged by the state or public body to meet |
| 295 | debt service or other financial requirements of any debt |
| 296 | obligations of the state or any public body; the State Courts |
| 297 | Revenue Trust Fund; the Division of Licensing Trust Fund in the |
| 298 | Department of Agriculture and Consumer Services; the State |
| 299 | Transportation Trust Fund; the trust fund containing the net |
| 300 | annual proceeds from the Florida Education Lotteries; the |
| 301 | Florida Retirement System Trust Fund; trust funds under the |
| 302 | management of the State Board of Education or the Board of |
| 303 | Governors of the State University System, where such trust funds |
| 304 | are for auxiliary enterprises, self-insurance, and contracts, |
| 305 | grants, and donations, as those terms are defined by general |
| 306 | law; trust funds that serve as clearing funds or accounts for |
| 307 | the Chief Financial Officer or state agencies; trust funds that |
| 308 | account for assets held by the state in a trustee capacity as an |
| 309 | agent or fiduciary for individuals, private organizations, or |
| 310 | other governmental units; and other trust funds authorized by |
| 311 | the State Constitution. |
| 312 | Section 22. Section 272.04, Florida Statutes, is amended |
| 313 | to read: |
| 314 | 272.04 Department to allocate space.-The Department of |
| 315 | Management Services shall have authority to allocate space to |
| 316 | house the various departments, agencies, boards, and commissions |
| 317 | in said buildings, excepting, however, the new Supreme Court |
| 318 | Building, for which authority shall be vested in the marshal |
| 319 | justices of the Supreme Court. |
| 320 | Section 23. Subsection (3) of section 440.29, Florida |
| 321 | Statutes, is amended to read: |
| 322 | 440.29 Procedure before the judge of compensation claims.- |
| 323 | (3) The practice and procedure before the judges of |
| 324 | compensation claims shall be governed by rules adopted by the |
| 325 | Office of the Judges of Compensation Claims Supreme Court, |
| 326 | except to the extent that such rules conflict with the |
| 327 | provisions of this chapter. |
| 328 | Section 24. Contingent upon passage by the voters of House |
| 329 | Joint Resolution 7111 or a similar joint resolution having |
| 330 | substantially the same specific intent and purpose, there is |
| 331 | appropriated: |
| 332 | (1) The sum of $___ for three additional Supreme Court |
| 333 | Justices. |
| 334 | (2) The sum of $___ for additional judicial assistants and |
| 335 | other staff for Supreme Court Justices. |
| 336 | Section 25. This act shall take effect on the effective |
| 337 | date of House Joint Resolution 7111, or a similar joint |
| 338 | resolution having substantially the same specific intent and |
| 339 | purpose, if that joint resolution is approved by the electors at |
| 340 | the general election to be held in November 2012. |