CS/HB 7199

A bill to be entitled
2An act relating to the courts; creating s. 25.025, F.S.;
3providing for the divisions of the Supreme Court and their
4respective jurisdictions; amending s. 25.031, F.S.;
5authorizing Supreme Court collaboration with other courts;
6repealing s. 25.032, F.S., relating to collaboration by
7the Supreme Court with other courts of last resort for the
8preparation and approval of uniform rules relating to
9certification of questions of law, rules, and regulations;
10repealing s. 25.051, F.S., relating to terms of the
11Supreme Court; repealing s. 25.151, F.S., relating to the
12practice of law by retired justices of the Supreme Court;
13amending s. 25.191, F.S.; revising provisions relating to
14the clerk of the Supreme Court; repealing s. 25.201, F.S.,
15relating to the appointment of a deputy clerk of the
16Supreme Court; repealing s. 25.211, F.S., relating to the
17location of the clerk's office of the Supreme Court;
18repealing s. 25.221, F.S., relating to the custody of
19books, papers, records, files, and the seal of the Supreme
20Court; repealing s. 25.231, F.S., relating to the duties
21of the clerk of the Supreme Court; amending s. 25.241,
22F.S.; providing duties of the clerk of the Supreme Court;
23amending s. 25.251, F.S.; revising provisions relating to
24the marshal of the Supreme Court; repealing s. 25.262,
25F.S., relating to the Supreme Court marshal's power to
26execute the process of the court; creating s. 25.265,
27F.S.; providing for the location of the Supreme Court
28Building; repealing s. 25.281, F.S., relating to the
29compensation of the marshal of the Supreme Court;
30repealing s. 25.291, F.S., relating to the deposit of
31fines for contempt of the Supreme Court; amending s.
3225.341, F.S.; revising provisions relating to the library
33of the Supreme Court; repealing s. 25.351, F.S., relating
34to the acquisition of books for the library of the Supreme
35Court; repealing s. 25.371, F.S., relating to effect of
36court rules; amending s. 43.20, F.S.; correcting a
37reference to the number of members of the Judicial
38Qualifications Commission; amending s. 215.32, F.S.;
39exempting the State Courts Revenue Trust Fund from
40provisions relating to authority for transfer of
41unappropriated cash balances to specified trust funds;
42amending s. 272.04, F.S.; revising provisions relating to
43the allocation of space in the Supreme Court Building;
44amending s. 440.29, F.S.; correcting a reference to the
45rules of practice and procedure before the judges of
46compensation claims; providing a contingent appropriation;
47providing a contingent effective date.
49Be It Enacted by the Legislature of the State of Florida:
51     Section 1.  Section 25.025, Florida Statutes, is created to
53     25.025  Supreme Court divisions; jurisdiction.-
54     (1)  The Supreme Court shall have a civil division and a
55criminal division. Each division shall have the jurisdiction as
56described in s. 3, Art. V of the State Constitution.
57     (2)  Pursuant to s. 3(c)(3), Art. V of the State
58Constitution, the following types of cases are criminal cases:
59     (a)  Any case or controversy primarily involving the
60commission of a felony or misdemeanor. Criminal cases also
61includes any case or controversy involving criminal law,
62criminal penalties, criminal procedure, juvenile delinquency, or
63any related action regarding the interpretation of or resolution
64of matters directly affecting the criminal law.
65     (b)  Equitable relief related to the criminal law,
66including an action in which a party seeks to enjoin the
67application 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
72which 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
76     (3)  Pursuant to s. 3(c)(3), Art. V of the State
77Constitution, the following types of cases are civil cases
78unless the case involves a criminal offense:
79     (a)  Any case or controversy within the traditional
80concepts of civil law, including tort, contract, family law,
81probate, trusts, real property, employment law, taxation, and
83     (b)  Civil confinement pursuant to chapter 394 or chapter
85     (c)  Civil forfeiture or civil penalties resulting from
86criminal activity.
87     (d)  Noncriminal offenses, including traffic, vessel, and
88environmental 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
96     25.031  Supreme Court authorized to receive and answer
97certificates as to state law from federal appellate courts;
98collaborations with other courts.-
99     (1)  The Supreme Court of this state may, by rule of court,
100provide that, when it shall appear to the Supreme Court of the
101United States, to any circuit court of appeals of the United
102States, or to the Court of Appeals of the District of Columbia,
103that there are involved in any proceeding before it questions or
104propositions of the laws of this state, which are determinative
105of the said cause, and there are no clear controlling precedents
106in the decisions of the Supreme Court of this state, such
107federal appellate court may certify such questions or
108propositions of the laws of this state to the Supreme Court of
109this state for instructions concerning such questions or
110propositions of state law, which certificate the Supreme Court
111of this state, by written opinion, may answer.
112     (2)  The Supreme Court of this state is authorized and
113empowered to collaborate with any and all other courts of last
114resort, of other states and of the United States, in the
115preparation and approval of uniform rules of court to make
116effective 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
122     25.191  Clerk of Supreme Court.-
123     (1)  The Supreme Court shall appoint a clerk of the Supreme
124Court, who shall hold office during the pleasure of the court.
125     (2)  The clerk of the Supreme Court shall serve both
126divisions of the court.
127     (3)  The clerk of the Supreme Court may appoint a deputy or
128deputies who, being duly sworn, may discharge all of the duties
129of the office of clerk during the clerk's absence. The clerk of
130the Supreme Court is responsible for the acts of any deputy.
131     (4)  All books, papers, records, files, and the seal of the
132Supreme Court shall be kept in the office of the clerk of the
133Supreme 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
139to read:
140     25.241  Clerk of Supreme Court; compensation; assistants;
141Filing fees; duties of the clerk of the Supreme Court, etc.-
142     (1)  The Clerk of the Supreme Court shall be paid an annual
143salary to be determined in accordance with s. 25.382.
144     (2)  The Clerk of the Supreme Court is authorized to employ
145such deputies and clerical assistants as may be necessary. Their
146number and compensation shall be approved by the court. The
147compensation of such employees shall be paid from the annual
148appropriation for the Supreme Court.
149     (1)(3)(a)  The clerk of the Supreme Court is hereby
150required to collect, upon the filing of a certified copy of a
151notice of appeal or petition, $300 for each case docketed, and
152for copying, certifying, or furnishing opinions, records,
153papers, or other instruments, except as otherwise herein
154provided, the same fees that are allowed clerks of the circuit
155court; however, no fee shall be less than $1. The State of
156Florida or its agencies, when appearing as appellant or
157petitioner, is exempt from the filing fees required in this
158subsection. From each attorney appearing pro hac vice, the clerk
159of the Supreme Court shall collect an additional fee of $100 to
160be deposited into the General Revenue Fund.
161     (b)  Upon the filing of a notice of cross-appeal, or a
162notice of joinder or motion to intervene as an appellant, cross-
163appellant, or petitioner, the clerk of the Supreme Court shall
164charge and collect a filing fee of $295.
165     (c)  The clerk shall remit the fee to the Department of
166Revenue for deposit into the General Revenue Fund. The state and
167its agencies are exempt from paying any the filing fee or other
168cost required in this subsection paragraph.
169     (2)(4)  The clerk of the Supreme Court is hereby
170authorized, immediately after a case is disposed of, to supply
171the judge who tried the case and from whose order, judgment, or
172decree, appeal or other review is taken, and any court which
173reviewed it, a copy of all opinions, orders, or judgments filed
174in such case. Copies of opinions, orders, and decrees shall be
175furnished in all cases to each attorney of record; copies for
176publication in Florida reports shall be without charge; and
177copies furnished to the law book publishers shall be at one-half
178the regular statutory fee.
179     (3)(5)  The clerk of the Supreme Court is hereby required
180to prepare a statement of all moneys fees collected each month
181and remit such statement, together with all moneys fees
182collected by him or her, to the Chief Financial Officer. The
183Chief Financial Officer shall deposit $250 of each $300 filing
184fee and all other fees or moneys collected into the General
185Revenue Fund. The Chief Financial Officer shall deposit $50 of
186each filing fee collected into the State Courts Revenue Trust
187Fund to fund court operations as authorized in the General
188Appropriations Act.
189     Section 12.  Section 25.251, Florida Statutes, is amended
190to read:
191     25.251  Marshal of Supreme Court; appointment; training;
193     (1)  The Supreme Court shall appoint a marshal who shall
194hold office during the pleasure of the court.
195     (2)  The marshal and his or her assistants shall attend and
196successfully complete a minimum standards training program
197approved by the Criminal Justice Standards and Training
198Commission within the Department of Law Enforcement.
199     (3)  The marshal shall have the power to execute the
200process of the Supreme Court throughout the state, and in any
201county he or she may deputize the sheriff or a deputy sheriff
202for such purpose.
203     Section 13.  Section 25.262, Florida Statutes, is repealed.
204     Section 14.  Section 25.265, Florida Statutes, is created
205to read:
206     25.265  Supreme Court Building.-The Supreme Court Building
207shall 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
211to read:
212     25.341  Library of Supreme Court, custodian.-The library of
213the Supreme Court shall be in custody of the librarian appointed
214by the court, who shall be subject to its direction. Books for
215the library may be acquired by purchase or by exchange. The
216library may be located in a building other than the Supreme
217Court 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
221Statutes, is amended to read:
222     43.20  Judicial Qualifications Commission.-
223     (2)  MEMBERSHIP; TERMS.-The commission shall consist of 15
22413 members. The members of the commission shall serve for terms
225of 6 years.
226     Section 21.  Paragraph (b) of subsection (2) of section
227215.32, 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
231     (b)1.  The trust funds shall consist of moneys received by
232the state which under law or under trust agreement are
233segregated for a purpose authorized by law. The state agency or
234branch of state government receiving or collecting such moneys
235shall be responsible for their proper expenditure as provided by
236law. Upon the request of the state agency or branch of state
237government responsible for the administration of the trust fund,
238the Chief Financial Officer may establish accounts within the
239trust fund at a level considered necessary for proper
240accountability. Once an account is established within a trust
241fund, the Chief Financial Officer may authorize payment from
242that account only upon determining that there is sufficient cash
243and releases at the level of the account.
244     2.  In addition to other trust funds created by law, to the
245extent possible, each agency shall use the following trust funds
246as described in this subparagraph for day-to-day operations:
247     a.  Operations or operating trust fund, for use as a
248depository for funds to be used for program operations funded by
249program revenues, with the exception of administrative
250activities when the operations or operating trust fund is a
251proprietary fund.
252     b.  Operations and maintenance trust fund, for use as a
253depository for client services funded by third-party payors.
254     c.  Administrative trust fund, for use as a depository for
255funds to be used for management activities that are departmental
256in nature and funded by indirect cost earnings and assessments
257against trust funds. Proprietary funds are excluded from the
258requirement of using an administrative trust fund.
259     d.  Grants and donations trust fund, for use as a
260depository for funds to be used for allowable grant or donor
261agreement activities funded by restricted contractual revenue
262from private and public nonfederal sources.
263     e.  Agency working capital trust fund, for use as a
264depository for funds to be used pursuant to s. 216.272.
265     f.  Clearing funds trust fund, for use as a depository for
266funds to account for collections pending distribution to lawful
268     g.  Federal grant trust fund, for use as a depository for
269funds to be used for allowable grant activities funded by
270restricted program revenues from federal sources.
272To the extent possible, each agency must adjust its internal
273accounting to use existing trust funds consistent with the
274requirements of this subparagraph. If an agency does not have
275trust funds listed in this subparagraph and cannot make such
276adjustment, the agency must recommend the creation of the
277necessary trust funds to the Legislature no later than the next
278scheduled review of the agency's trust funds pursuant to s.
280     3.  All such moneys are hereby appropriated to be expended
281in accordance with the law or trust agreement under which they
282were received, subject always to the provisions of chapter 216
283relating to the appropriation of funds and to the applicable
284laws relating to the deposit or expenditure of moneys in the
285State Treasury.
286     4.a.  Notwithstanding any provision of law restricting the
287use of trust funds to specific purposes, unappropriated cash
288balances from selected trust funds may be authorized by the
289Legislature for transfer to the Budget Stabilization Fund and
290General Revenue Fund in the General Appropriations Act.
291     b.  This subparagraph does not apply to trust funds
292required by federal programs or mandates; trust funds
293established for bond covenants, indentures, or resolutions whose
294revenues are legally pledged by the state or public body to meet
295debt service or other financial requirements of any debt
296obligations of the state or any public body; the State Courts
297Revenue Trust Fund; the Division of Licensing Trust Fund in the
298Department of Agriculture and Consumer Services; the State
299Transportation Trust Fund; the trust fund containing the net
300annual proceeds from the Florida Education Lotteries; the
301Florida Retirement System Trust Fund; trust funds under the
302management of the State Board of Education or the Board of
303Governors of the State University System, where such trust funds
304are for auxiliary enterprises, self-insurance, and contracts,
305grants, and donations, as those terms are defined by general
306law; trust funds that serve as clearing funds or accounts for
307the Chief Financial Officer or state agencies; trust funds that
308account for assets held by the state in a trustee capacity as an
309agent or fiduciary for individuals, private organizations, or
310other governmental units; and other trust funds authorized by
311the State Constitution.
312     Section 22.  Section 272.04, Florida Statutes, is amended
313to read:
314     272.04  Department to allocate space.-The Department of
315Management Services shall have authority to allocate space to
316house the various departments, agencies, boards, and commissions
317in said buildings, excepting, however, the new Supreme Court
318Building, for which authority shall be vested in the marshal
319justices of the Supreme Court.
320     Section 23.  Subsection (3) of section 440.29, Florida
321Statutes, is amended to read:
322     440.29  Procedure before the judge of compensation claims.-
323     (3)  The practice and procedure before the judges of
324compensation claims shall be governed by rules adopted by the
325Office of the Judges of Compensation Claims Supreme Court,
326except to the extent that such rules conflict with the
327provisions of this chapter.
328     Section 24.  Contingent upon passage by the voters of House
329Joint Resolution 7111 or a similar joint resolution having
330substantially the same specific intent and purpose, there is
332     (1)  The sum of $___ for three additional Supreme Court
334     (2)  The sum of $___ for additional judicial assistants and
335other staff for Supreme Court Justices.
336     Section 25.  This act shall take effect on the effective
337date of House Joint Resolution 7111, or a similar joint
338resolution having substantially the same specific intent and
339purpose, if that joint resolution is approved by the electors at
340the general election to be held in November 2012.

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