Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1510
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/21/2020           .                                

       The Committee on Judiciary (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 26.012, Florida Statutes, is amended to
    6  read
    7         26.012 Jurisdiction of circuit court.—
    8         (1) Circuit courts shall have jurisdiction of appeals from
    9  county courts except:
   10         (a) Appeals of county court orders or judgments where the
   11  amount in controversy is greater than $15,000. This paragraph is
   12  repealed on January 1, 2023.
   13         (b) Appeals of county court orders or judgments declaring
   14  invalid a state statute or a provision of the State
   15  Constitution.
   16         (c) Orders or judgments of a county court which are
   17  certified by the county court to the district court of appeal to
   18  be of great public importance and which are accepted by the
   19  district court of appeal for review.
   21  Circuit courts shall have jurisdiction of appeals from final
   22  administrative orders of local government code enforcement
   23  boards and of reviews and appeals as otherwise expressly
   24  provided by law.
   25         (2) They shall have exclusive original jurisdiction:
   26         (a) In all actions at law not cognizable by the county
   27  courts;
   28         (b) Of proceedings relating to the settlement of the
   29  estates of decedents and minors, the granting of letters
   30  testamentary, guardianship, involuntary hospitalization, the
   31  determination of incompetency, and other jurisdiction usually
   32  pertaining to courts of probate;
   33         (c) In all cases in equity including all cases relating to
   34  juveniles except traffic offenses as provided in chapters 316
   35  and 985;
   36         (d) Of all felonies and of all misdemeanors arising out of
   37  the same circumstances as a felony which is also charged;
   38         (e) In all cases involving legality of any tax assessment
   39  or toll or denial of refund, except as provided in s. 72.011;
   40         (f) In actions of ejectment; and
   41         (g) In all actions involving the title and boundaries of
   42  real property.
   43         (3) The circuit court may issue injunctions.
   44         (4) The chief judge of a circuit may authorize a county
   45  court judge to order emergency hospitalizations pursuant to part
   46  I of chapter 394 in the absence from the county of the circuit
   47  judge; and the county court judge shall have the power to issue
   48  all temporary orders and temporary injunctions necessary or
   49  proper to the complete exercise of such jurisdiction.
   50         (5) A circuit court is a trial court.
   51         Section 2. Section 34.017, Florida Statutes, is amended to
   52  read
   53         34.017 Certification of questions to district court of
   54  appeal.—
   55         (1) A county court may is permitted to certify a question
   56  to the district court of appeal in a final judgment that is
   57  appealable to the circuit court if the question may have
   58  statewide application, and:
   59         (a) Is of great public importance; or
   60         (b) Will affect the uniform administration of justice.
   61         (2) In the final judgment, the trial court shall:
   62         (a) Make findings of fact and conclusions of law; and
   63         (b) State concisely the question to be certified.
   64         (3) The decision to certify the question to the district
   65  court of appeal is within the sole discretion of the county
   66  court.
   67         (4) The district court of appeal has absolute discretion as
   68  to whether to answer a question certified by the county court.
   69         (a) If the district court agrees to answer the certified
   70  question, it shall decide all appealable issues that have been
   71  raised from the final judgment.
   72         (b) If the district court declines to answer the certified
   73  question, the case shall be transferred to the circuit court
   74  which has appellate jurisdiction.
   75         Section 3. Section 35.065, Florida Statutes, is amended to
   76  read
   77         35.065 Review of judgment or order certified by county
   78  court to be of great public importance.—Pursuant to s. 34.017, a
   79  district court of appeal may review any order or judgment of a
   80  county court which is certified by the county court to be of
   81  great public importance.
   82         Section 4. Section 924.08, Florida Statutes, is repealed.
   83         Section 5. This act shall take effect January 1, 2021.
   85  ================= T I T L E  A M E N D M E N T ================
   86  And the title is amended as follows:
   87         Delete everything before the enacting clause
   88  and insert:
   89                        A bill to be entitled                      
   90         An act relating to jurisdiction of the courts;
   91         amending s. 26.012, F.S.; limiting the appellate
   92         jurisdiction of the circuit courts to appeals from
   93         final administrative orders of local code enforcement
   94         boards; amending s. 34.017, F.S.; authorizing a county
   95         court to certify a question to a district court of
   96         appeal in a final judgment that is appealable to a
   97         circuit court; amending s. 35.065, F.S.; authorizing a
   98         district court of appeal to review certain questions
   99         certified by a county court; repealing s. 924.08,
  100         F.S.; relating to the jurisdiction of circuit court to
  101         hear appeals from final judgments in misdemeanor
  102         cases; providing an effective date.