Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS/HB 7061, 1st Eng.
Ì136072ÈÎ136072
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 25.025, Florida Statutes, is created to
6 read:
7 25.025 Headquarters.—
8 (1)(a) A Supreme Court justice who permanently resides
9 outside Leon County shall, if he or she so requests, have a
10 district court of appeal courthouse, a county courthouse, or
11 other appropriate facility in his or her district of residence
12 designated as his or her official headquarters pursuant to s.
13 112.061. This official headquarters may serve only as the
14 justice’s private chambers.
15 (b) A justice for whom an official headquarters is
16 designated in his or her district of residence under this
17 subsection is eligible for subsistence at a rate to be
18 established by the Chief Justice for each day or partial day
19 that the justice is at the headquarters of the Supreme Court for
20 the conduct of the business of the court. In addition to the
21 subsistence allowance, a justice is eligible for reimbursement
22 for transportation expenses as provided in s. 112.061(7) for
23 travel between the justice’s official headquarters and the
24 headquarters of the Supreme Court for the conduct of the
25 business of the court.
26 (c) Payment of subsistence and reimbursement for
27 transportation expenses relating to travel between a justice’s
28 official headquarters and the headquarters of the Supreme Court
29 shall be made to the extent appropriated funds are available, as
30 determined by the Chief Justice.
31 (2) The Chief Justice shall coordinate with each affected
32 justice and other state and local officials as necessary to
33 implement paragraph (1)(a).
34 (3)(a) This section does not require a county to provide
35 space in a county courthouse for a justice. A county may enter
36 into an agreement with the Supreme Court governing the use of
37 space in a county courthouse.
38 (b) The Supreme Court may not use state funds to lease
39 space in a district court of appeal courthouse, county
40 courthouse, or other facility to allow a justice to establish an
41 official headquarters pursuant to subsection (1).
42 Section 2. Effective January 1, 2020, section 26.012,
43 Florida Statutes, is amended to read:
44 26.012 Jurisdiction of circuit court.—
45 (1)(a) The appellate jurisdiction of the circuit courts
46 includes: Circuit courts shall have jurisdiction of
47 1. Appeals from county courts court orders or judgments in
48 actions at law in which the matter in controversy does not
49 exceed the sum of $15,000, exclusive of interest, costs, and
50 attorney fees. This limit must be adjusted every 5 years after
51 January 1, 2020, to reflect the rate of inflation or deflation
52 as indicated in the Consumer Price Index for All Urban
53 Consumers, U.S. City Average, All Items, or successor reports as
54 reported by the United States Department of Labor, Bureau of
55 Labor Statistics, or its successor. The adjustments must be
56 rounded to the nearest $5,000.
57 2. Appeals from county court orders or judgments in
58 misdemeanor cases.
59 3. Appeals of county court orders and judgments relating to
60 family law matters and other matters within the jurisdiction of
61 the county court under s. 34.01(2).
62 4. Appeals from final administrative orders of local
63 government code enforcement boards.
64 (b) The appellate jurisdiction of the circuit courts does
65 not include except appeals of county court orders or judgments
66 that: declaring
67 1. Declare invalid a state statute or a provision of the
68 State Constitution. and except orders or judgments of a county
69 court which
70 2. Are certified by the county court to the district court
71 of appeal to be of great public importance and which are
72 accepted by the district court of appeal for review. Circuit
73 courts shall have jurisdiction of appeals from final
74 administrative orders of local government code enforcement
75 boards.
76 (2) Circuit courts They shall have exclusive original
77 jurisdiction:
78 (a) In all actions at law not cognizable by the county
79 courts;
80 (b) Of proceedings relating to the settlement of the
81 estates of decedents and minors, the granting of letters
82 testamentary, guardianship, involuntary hospitalization, the
83 determination of incompetency, and other jurisdiction usually
84 pertaining to courts of probate;
85 (c) In all cases in equity including all cases relating to
86 juveniles except traffic offenses as provided in chapters 316
87 and 985;
88 (d) Of all felonies and of all misdemeanors arising out of
89 the same circumstances as a felony which is also charged;
90 (e) In all cases involving legality of any tax assessment
91 or toll or denial of refund, except as provided in s. 72.011;
92 (f) In actions of ejectment; and
93 (g) In all actions involving the title and boundaries of
94 real property.
95 (3) The circuit court may issue injunctions.
96 (4) The chief judge of a circuit may authorize a county
97 court judge to order emergency hospitalizations pursuant to part
98 I of chapter 394 in the absence from the county of the circuit
99 judge; and the county court judge has shall have the power to
100 issue all temporary orders and temporary injunctions necessary
101 or proper to the complete exercise of such jurisdiction.
102 (5) A circuit court is a trial court.
103 Section 3. Subsection (9) of section 26.031, Florida
104 Statutes, is amended to read:
105 26.031 Judicial circuits; number of judges.—The number of
106 circuit judges in each circuit shall be as follows:
107
108 JUDICIAL CIRCUIT TOTAL
109 (9) Ninth...........................................45 43
110 Section 4. Subsection (2) of section 28.241, Florida
111 Statutes, is amended to read:
112 28.241 Filing fees for trial and appellate proceedings.—
113 (2)(a) Upon the institution of any appellate proceeding
114 from any lower court to the circuit court of any such county,
115 including appeals filed by a county or municipality as provided
116 in s. 34.041(5), or from the circuit court to an appellate court
117 of the state, the clerk shall charge and collect from the party
118 or parties instituting such appellate proceedings:
119 1. A filing fee not to exceed $280 for filing a notice of
120 appeal from the county court to the circuit court for a claim of
121 $15,000 or less.
122 2. A filing fee not to exceed $400 for filing a notice of
123 appeal from the county court to the circuit court for a claim of
124 more than $15,000. The clerk shall remit $250 of each filing fee
125 collected under this subparagraph to the Department of Revenue
126 for deposit into the General Revenue Fund, and the clerk shall
127 remit $50 of each such filing fee to the Department of Revenue
128 for deposit into the State Courts Revenue Trust Fund to fund
129 court operations as authorized in the General Appropriations
130 Act. The clerk shall retain an account of each such remittance.
131 3. and, In addition to the filing fee required under s.
132 25.241 or s. 35.22, $100 for filing a notice of appeal from the
133 circuit court to the district court of appeal or to the Supreme
134 Court.
135 (b) If the party is determined to be indigent, the clerk
136 shall defer payment of the fee required by this subsection.
137 Section 5. Subsection (1) of section 29.008, Florida
138 Statutes, is amended to read:
139 29.008 County funding of court-related functions.—
140 (1) Counties are required by s. 14, Art. V of the State
141 Constitution to fund the cost of communications services,
142 existing radio systems, existing multiagency criminal justice
143 information systems, and the cost of construction or lease,
144 maintenance, utilities, and security of facilities for the
145 circuit and county courts, public defenders’ offices, state
146 attorneys’ offices, guardian ad litem offices, and the offices
147 of the clerks of the circuit and county courts performing court
148 related functions. For purposes of this section, the term
149 “circuit and county courts” includes the offices and staffing of
150 the guardian ad litem programs, and the term “public defenders’
151 offices” includes the offices of criminal conflict and civil
152 regional counsel. The county designated under s. 35.05(1) as the
153 headquarters for each appellate district shall fund these costs
154 for the appellate division of the public defender’s office in
155 that county. For purposes of implementing these requirements,
156 the term:
157 (a) “Facility” means reasonable and necessary buildings and
158 office space and appurtenant equipment and furnishings,
159 structures, real estate, easements, and related interests in
160 real estate, including, but not limited to, those for the
161 purpose of housing legal materials for use by the general public
162 and personnel, equipment, or functions of the circuit or county
163 courts, public defenders’ offices, state attorneys’ offices, and
164 court-related functions of the office of the clerks of the
165 circuit and county courts and all storage. The term “facility”
166 includes all wiring necessary for court reporting services. The
167 term also includes access to parking for such facilities in
168 connection with such court-related functions that may be
169 available free or from a private provider or a local government
170 for a fee. The office space provided by a county may not be less
171 than the standards for space allotment adopted by the Department
172 of Management Services, except this requirement applies only to
173 facilities that are leased, or on which construction commences,
174 after June 30, 2003. County funding must include physical
175 modifications and improvements to all facilities as are required
176 for compliance with the Americans with Disabilities Act. Upon
177 mutual agreement of a county and the affected entity in this
178 paragraph, the office space provided by the county may vary from
179 the standards for space allotment adopted by the Department of
180 Management Services.
181 1. As of July 1, 2005, equipment and furnishings shall be
182 limited to that appropriate and customary for courtrooms,
183 hearing rooms, jury facilities, and other public areas in
184 courthouses and any other facility occupied by the courts, state
185 attorneys, public defenders, guardians ad litem, and criminal
186 conflict and civil regional counsel. Court reporting equipment
187 in these areas or facilities is not a responsibility of the
188 county.
189 2. Equipment and furnishings under this paragraph in
190 existence and owned by counties on July 1, 2005, except for that
191 in the possession of the clerks, for areas other than
192 courtrooms, hearing rooms, jury facilities, and other public
193 areas in courthouses and any other facility occupied by the
194 courts, state attorneys, and public defenders, shall be
195 transferred to the state at no charge. This provision does not
196 apply to any communications services as defined in paragraph
197 (f).
198 (b) “Construction or lease” includes, but is not limited
199 to, all reasonable and necessary costs of the acquisition or
200 lease of facilities for all judicial officers, staff, jurors,
201 volunteers of a tenant agency, and the public for the circuit
202 and county courts, the public defenders’ offices, state
203 attorneys’ offices, and for performing the court-related
204 functions of the offices of the clerks of the circuit and county
205 courts. This includes expenses related to financing such
206 facilities and the existing and future cost and bonded
207 indebtedness associated with placing the facilities in use.
208 (c) “Maintenance” includes, but is not limited to, all
209 reasonable and necessary costs of custodial and groundskeeping
210 services and renovation and reconstruction as needed to
211 accommodate functions for the circuit and county courts, the
212 public defenders’ offices, and state attorneys’ offices and for
213 performing the court-related functions of the offices of the
214 clerks of the circuit and county court and for maintaining the
215 facilities in a condition appropriate and safe for the use
216 intended.
217 (d) “Utilities” means all electricity services for light,
218 heat, and power; natural or manufactured gas services for light,
219 heat, and power; water and wastewater services and systems,
220 stormwater or runoff services and systems, sewer services and
221 systems, all costs or fees associated with these services and
222 systems, and any costs or fees associated with the mitigation of
223 environmental impacts directly related to the facility.
224 (e) “Security” includes but is not limited to, all
225 reasonable and necessary costs of services of law enforcement
226 officers or licensed security guards and all electronic,
227 cellular, or digital monitoring and screening devices necessary
228 to ensure the safety and security of all persons visiting or
229 working in a facility; to provide for security of the facility,
230 including protection of property owned by the county or the
231 state; and for security of prisoners brought to any facility.
232 This includes bailiffs while providing courtroom and other
233 security for each judge and other quasi-judicial officers.
234 (f) “Communications services” are defined as any reasonable
235 and necessary transmission, emission, and reception of signs,
236 signals, writings, images, and sounds of intelligence of any
237 nature by wire, radio, optical, audio equipment, or other
238 electromagnetic systems and includes all facilities and
239 equipment owned, leased, or used by judges, clerks, public
240 defenders, state attorneys, guardians ad litem, criminal
241 conflict and civil regional counsel, and all staff of the state
242 courts system, state attorneys’ offices, public defenders’
243 offices, and clerks of the circuit and county courts performing
244 court-related functions. Such system or services shall include,
245 but not be limited to:
246 1. Telephone system infrastructure, including computer
247 lines, telephone switching equipment, and maintenance, and
248 facsimile equipment, wireless communications, cellular
249 telephones, pagers, and video teleconferencing equipment and
250 line charges. Each county shall continue to provide access to a
251 local carrier for local and long distance service and shall pay
252 toll charges for local and long distance service.
253 2. All computer networks, systems and equipment, including
254 computer hardware and software, modems, printers, wiring,
255 network connections, maintenance, support staff or services
256 including any county-funded support staff located in the offices
257 of the circuit court, county courts, state attorneys, public
258 defenders, guardians ad litem, and criminal conflict and civil
259 regional counsel; training, supplies, and line charges necessary
260 for an integrated computer system to support the operations and
261 management of the state courts system, the offices of the public
262 defenders, the offices of the state attorneys, the guardian ad
263 litem offices, the offices of criminal conflict and civil
264 regional counsel, and the offices of the clerks of the circuit
265 and county courts; and the capability to connect those entities
266 and reporting data to the state as required for the transmission
267 of revenue, performance accountability, case management, data
268 collection, budgeting, and auditing purposes. The integrated
269 computer system shall be operational by July 1, 2006, and, at a
270 minimum, permit the exchange of financial, performance
271 accountability, case management, case disposition, and other
272 data across multiple state and county information systems
273 involving multiple users at both the state level and within each
274 judicial circuit and be able to electronically exchange judicial
275 case background data, sentencing scoresheets, and video evidence
276 information stored in integrated case management systems over
277 secure networks. Once the integrated system becomes operational,
278 counties may reject requests to purchase communications services
279 included in this subparagraph not in compliance with standards,
280 protocols, or processes adopted by the board established
281 pursuant to former s. 29.0086.
282 3. Courier messenger and subpoena services.
283 4. Auxiliary aids and services for qualified individuals
284 with a disability which are necessary to ensure access to the
285 courts. Such auxiliary aids and services include, but are not
286 limited to, sign language interpretation services required under
287 the federal Americans with Disabilities Act other than services
288 required to satisfy due-process requirements and identified as a
289 state funding responsibility pursuant to ss. 29.004, 29.005,
290 29.006, and 29.007, real-time transcription services for
291 individuals who are hearing impaired, and assistive listening
292 devices and the equipment necessary to implement such
293 accommodations.
294 (g) “Existing radio systems” includes, but is not limited
295 to, law enforcement radio systems that are used by the circuit
296 and county courts, the offices of the public defenders, the
297 offices of the state attorneys, and for court-related functions
298 of the offices of the clerks of the circuit and county courts.
299 This includes radio systems that were operational or under
300 contract at the time Revision No. 7, 1998, to Art. V of the
301 State Constitution was adopted and any enhancements made
302 thereafter, the maintenance of those systems, and the personnel
303 and supplies necessary for operation.
304 (h) “Existing multiagency criminal justice information
305 systems” includes, but is not limited to, those components of
306 the multiagency criminal justice information system as defined
307 in s. 943.045, supporting the offices of the circuit or county
308 courts, the public defenders’ offices, the state attorneys’
309 offices, or those portions of the offices of the clerks of the
310 circuit and county courts performing court-related functions
311 that are used to carry out the court-related activities of those
312 entities. This includes upgrades and maintenance of the current
313 equipment, maintenance and upgrades of supporting technology
314 infrastructure and associated staff, and services and expenses
315 to assure continued information sharing and reporting of
316 information to the state. The counties shall also provide
317 additional information technology services, hardware, and
318 software as needed for new judges and staff of the state courts
319 system, state attorneys’ offices, public defenders’ offices,
320 guardian ad litem offices, and the offices of the clerks of the
321 circuit and county courts performing court-related functions.
322
323 This subsection applies only to matters relating to court
324 funding and may not be construed to enhance, limit, or define
325 the authority of any court.
326 Section 6. Subsection (4) is added to section 30.15,
327 Florida Statutes, to read:
328 30.15 Powers, duties, and obligations.—
329 (4)(a) In accordance with each county’s obligation under s.
330 14, Art. V of the State Constitution and s. 29.008 to fund
331 security for the trial court facilities, each county sheriff
332 shall coordinate with the board of county commissioners and the
333 chief judge of the circuit where the county is located on the
334 development of a comprehensive plan for the provision of
335 security for trial court facilities. Each sheriff shall retain
336 authority over the operational control and provision of law
337 enforcement services associated with the plan. The chief judge
338 of the circuit shall retain decisionmaking authority to ensure
339 the protection of due process rights, including, but not limited
340 to, the scheduling and conduct of trial and other judicial
341 proceedings, as part of his or her responsibility for the
342 administrative supervision of trial courts under s. 43.26.
343 (b) Sheriffs and their deputies, employees, and contractors
344 are officers of the court when providing security for trial
345 court facilities under this subsection.
346 Section 7. Section 34.01, Florida Statutes, is amended to
347 read:
348 34.01 Jurisdiction of county court.—
349 (1) County courts shall have original jurisdiction:
350 (a) In all misdemeanor cases not cognizable by the circuit
351 courts.;
352 (b) Of all violations of municipal and county ordinances.;
353 (c)1. Of all actions at law filed on or before December 31,
354 2019, in which the matter in controversy does not exceed the sum
355 of $15,000, exclusive of interest, costs, and attorney
356 attorney’s fees, except those within the exclusive jurisdiction
357 of the circuit courts.; and
358 2. Of all actions at law filed on or after January 1, 2020,
359 in which the matter in controversy does not exceed the sum of
360 $50,000, exclusive of interest, costs, and attorney fees, except
361 those within the exclusive jurisdiction of the circuit courts.
362 This limit must be adjusted every 5 years after January 1, 2020,
363 to reflect the rate of inflation or deflation as indicated in
364 the Consumer Price Index for All Urban Consumers, U.S. City
365 Average, All Items, or successor reports as reported by the
366 United States Department of Labor, Bureau of Labor Statistics,
367 or its successor. Such adjustments must be rounded to the
368 nearest $5,000.
369 (d) Of disputes occurring in the homeowners’ associations
370 as described in s. 720.311(2)(a), which shall be concurrent with
371 jurisdiction of the circuit courts.
372
373 The party instituting an action at law under subparagraph (c)2.
374 in which the amount in controversy exceeds $15,000 shall pay the
375 filing fees and service charges in the same amounts and in the
376 same manner as provided in s. 28.241, and the party appealing
377 any judgment on such action shall pay the filing fees and
378 service charges in the same amounts and in the same manner as
379 provided in s. 35.22. The clerk of court shall remit the fees as
380 provided in those sections.
381 (2) The county courts shall have jurisdiction previously
382 exercised by county judges’ courts other than that vested in the
383 circuit court by s. 26.012, except that county court judges may
384 hear matters involving dissolution of marriage under the
385 simplified dissolution procedure pursuant to the Florida Family
386 Law Rules of Procedure or may issue a final order for
387 dissolution in cases where the matter is uncontested, and the
388 jurisdiction previously exercised by county courts, the claims
389 court, small claims courts, small claims magistrates courts,
390 magistrates courts, justice of the peace courts, municipal
391 courts, and courts of chartered counties, including but not
392 limited to the counties referred to in ss. 9, 10, 11, and 24,
393 Art. VIII of the State Constitution of 1885, as preserved by s.
394 (6)(e), Art. VIII of the State Constitution of 1968.
395 (3) Judges of county courts shall also be committing trial
396 court judges. Judges of county courts shall be coroners unless
397 otherwise provided by law or by rule of the Supreme Court.
398 (4) Judges of county courts may hear all matters in equity
399 involved in any case within the jurisdictional amount of the
400 county court, except as otherwise restricted by the State
401 Constitution or the laws of Florida.
402 (5) A county court is a trial court.
403 Section 8. Subsections (9), (12), (17), and (28) of section
404 34.022, Florida Statutes, are amended to read:
405 34.022 Number of county court judges for each county.—The
406 number of county court judges in each county shall be as
407 follows:
408
409 COUNTY TOTAL
410 (9) Citrus............................................2 1
411 (12) Columbia.........................................2 1
412 (17) Flagler..........................................2 1
413 (28) Hillsborough...................................19 17
414 Section 9. Paragraphs (a) and (b) of subsection (1) of
415 section 34.041, Florida Statutes, are amended, and paragraph (e)
416 is added to that subsection, to read:
417 34.041 Filing fees.—
418 (1)(a) Filing fees are due at the time a party files a
419 pleading to initiate a proceeding or files a pleading for
420 relief. Reopen fees are due at the time a party files a pleading
421 to reopen a proceeding if at least 90 days have elapsed since
422 the filing of a final order or final judgment with the clerk. If
423 a fee is not paid upon the filing of the pleading as required
424 under this section, the clerk shall pursue collection of the fee
425 pursuant to s. 28.246. Upon the institution of any civil action,
426 suit, or proceeding in county court, the party shall pay the
427 following filing fee, not to exceed:
428 1. For all claims less than $100.....................$50.
429 2. For all claims of $100 or more but not more than
430 $500........................................................$75.
431 3. For all claims of more than $500 but not more than
432 $2,500.....................................................$170.
433 4. For all claims of more than $2,500 but not more than
434 $15,000....................................................$295.
435 5. For all claims of more than $15,000..............$395.
436 6. In addition, for all proceedings of garnishment,
437 attachment, replevin, and distress..........................$85.
438 7.6. Notwithstanding subparagraphs 3. and 6. 5., for all
439 claims of not more than $1,000 filed simultaneously with an
440 action for replevin of property that is the subject of the
441 claim......................................................$125.
442 8.7. For removal of tenant action $180.
443
444 The filing fee in subparagraph 7.6. is the total fee due under
445 this paragraph for that type of filing, and no other filing fee
446 under this paragraph may be assessed against such a filing.
447 (b) The first $15 of the filing fee collected under
448 subparagraph (a)4. and the first $10 of the filing fee collected
449 under subparagraph (a)8. subparagraph (a)7. shall be deposited
450 in the State Courts Revenue Trust Fund. By the 10th day of each
451 month, the clerk shall submit that portion of the fees collected
452 in the previous month which is in excess of one-twelfth of the
453 clerk’s total budget for the performance of court-related
454 functions to the Department of Revenue for deposit into the
455 Clerks of the Court Trust Fund. An additional filing fee of $4
456 shall be paid to the clerk. The clerk shall transfer $3.50 to
457 the Department of Revenue for deposit into the Court Education
458 Trust Fund and shall transfer 50 cents to the Department of
459 Revenue for deposit into the Administrative Trust Fund within
460 the Department of Financial Services to fund clerk education
461 provided by the Florida Clerks of Court Operations Corporation.
462 Postal charges incurred by the clerk of the county court in
463 making service by mail on defendants or other parties shall be
464 paid by the party at whose instance service is made. Except as
465 provided in this section, filing fees and service charges for
466 performing duties of the clerk relating to the county court
467 shall be as provided in ss. 28.24 and 28.241. Except as
468 otherwise provided in this section, all filing fees shall be
469 retained as fee income of the office of the clerk of the circuit
470 court. Filing fees imposed by this section may not be added to
471 any penalty imposed by chapter 316 or chapter 318.
472 (e) Of the first $200 in filing fees payable under
473 subparagraph (a)5., $195 must be remitted to the Department of
474 Revenue for deposit into the State Courts Revenue Trust Fund, $4
475 must be remitted to the Department of Revenue for deposit into
476 the Administrative Trust Fund within the Department of Financial
477 Services and used to fund the contract with the Florida Clerks
478 of Court Operations Corporation created in s. 28.35, and $1 must
479 be remitted to the Department of Revenue for deposit into the
480 Administrative Trust Fund within the Department of Financial
481 Services to fund audits of individual clerks’ court-related
482 expenditures conducted by the Department of Financial Services.
483 By the 10th day of each month, the clerk shall submit that
484 portion of the filing fees collected pursuant to this subsection
485 in the previous month which is in excess of one-twelfth of the
486 clerk’s total budget to the Department of Revenue for deposit
487 into the Clerks of the Court Trust Fund.
488 Section 10. Subsection (1) of section 44.108, Florida
489 Statutes, is amended to read:
490 44.108 Funding of mediation and arbitration.—
491 (1) Mediation and arbitration should be accessible to all
492 parties regardless of financial status. A filing fee of $1 is
493 levied on all proceedings in the circuit or county courts to
494 fund mediation and arbitration services which are the
495 responsibility of the Supreme Court pursuant to the provisions
496 of s. 44.106. However, the filing fee shall not be levied upon
497 an appeal from the county court to the circuit court for a claim
498 of more than $15,000. The clerk of the court shall forward the
499 moneys collected to the Department of Revenue for deposit in the
500 State Courts Revenue Trust Fund.
501 Section 11. Effective upon this act becoming a law,
502 subsection (3) of section 105.031, Florida Statutes, is amended
503 to read:
504 105.031 Qualification; filing fee; candidate’s oath; items
505 required to be filed.—
506 (3) QUALIFYING FEE.—
507 (a) Each candidate qualifying for election to a judicial
508 office or the office of school board member, except write-in
509 judicial or school board candidates, shall, during the time for
510 qualifying, pay to the officer with whom he or she qualifies a
511 qualifying fee, which shall consist of a filing fee and an
512 election assessment, or qualify by the petition process. The
513 amount of the filing fee is 3 percent of the annual salary of
514 the office sought. The amount of the election assessment is 1
515 percent of the annual salary of the office sought. Except as
516 provided in paragraph (b), the Department of State shall
517 transfer all filing fees to the Department of Legal Affairs for
518 deposit in the Elections Commission Trust Fund and. the
519 supervisor of elections shall forward all filing fees to the
520 Elections Commission Trust Fund. The election assessment shall
521 be deposited into the Elections Commission Trust Fund. The
522 annual salary of the office for purposes of computing the
523 qualifying fee shall be computed by multiplying 12 times the
524 monthly salary authorized for such office as of July 1
525 immediately preceding the first day of qualifying. This
526 paragraph subsection does not apply to candidates qualifying for
527 retention to judicial office.
528 (b) Not later than 20 days after the close of qualifying,
529 the Department of State or the supervisor of elections, as
530 appropriate, shall refund the full amount of the qualifying fee
531 to a candidate for the office of circuit court judge or county
532 court judge who is unopposed at the time the qualifying period
533 closes.
534 Section 12. Except as otherwise expressly provided in this
535 act and except for this section, which shall take effect upon
536 becoming a law, this act shall take effect July 1, 2018.
537
538 ================= T I T L E A M E N D M E N T ================
539 And the title is amended as follows:
540 Delete everything before the enacting clause
541 and insert:
542 A bill to be entitled
543 An act relating to the judicial branch; creating s.
544 25.025, F.S.; authorizing certain Supreme Court
545 Justices to have an appropriate facility in their
546 district of residence designated as their official
547 headquarters; providing that an official headquarters
548 may serve only as a justice’s private chambers;
549 providing that such justices are eligible for a
550 certain subsistence allowance and reimbursement for
551 certain transportation expenses; requiring that such
552 allowance and reimbursement be made to the extent
553 appropriated funds are available, as determined by the
554 Chief Justice; requiring the Chief Justice to
555 coordinate with certain persons in implementing
556 designations of official headquarters; providing that
557 a county is not required to provide space for a
558 justice in a county courthouse; authorizing counties
559 to enter into agreements with the Supreme Court for
560 the use of county courthouse space; prohibiting the
561 Supreme Court from using state funds to lease space in
562 a facility to allow a justice to establish an official
563 headquarters; amending s. 26.012, F.S.; revising the
564 appellate jurisdiction of the circuit court;
565 specifying the maximum monetary threshold for appeals
566 from the county court to the circuit court; amending
567 s. 26.031, F.S.; adding judges to the Ninth Judicial
568 Circuit Court; amending s. 28.241, F.S.; imposing
569 filing fees for appeals from county courts to the
570 circuit courts based on the amount of the claim;
571 requiring the clerk to remit specified amounts of
572 certain fees to the Department of Revenue for deposit
573 into the General Revenue Fund and the State Courts
574 Revenue Trust Fund; requiring the clerk to retain an
575 account of each such remittance; amending s. 29.008,
576 F.S.; providing applicability and construction;
577 amending s. 30.15, F.S.; requiring county sheriffs to
578 coordinate with the board of county commissioners and
579 the chief judge of the circuit in developing a plan
580 for providing trial court facility security; providing
581 that such sheriffs retain certain authority relating
582 to such plan; providing that such chief judge retains
583 certain decisionmaking authority; specifying that
584 sheriffs and their deputies, employees, and
585 contractors are officers of the court when providing
586 security for trial court facilities; amending s.
587 34.01, F.S.; increasing the limit of the amount in
588 controversy in certain actions at law under which the
589 county court has original jurisdiction; providing for
590 adjustments to the limit at specified intervals due to
591 inflation or deflation; specifying filing fees,
592 services charges, and a requirement for the clerk of
593 court’s remittal of such fees in actions in which the
594 amount in controversy exceeds a specified amount;
595 amending s. 34.022, F.S.; adding judges to certain
596 county courts; amending s. 34.041, F.S.; providing
597 county court civil filing fees for claims of a
598 specified value; providing for distribution of said
599 fees; amending s. 44.108, F.S.; providing that a
600 certain mediation fee is not applicable to certain
601 appeals; amending s. 105.031, F.S.; requiring the
602 appropriate qualifying officer to refund the
603 qualifying fee to an unopposed candidate for the
604 office of circuit court judge or county court judge by
605 a specified date; providing effective dates.