Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1510
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Appropriations Subcommittee on Criminal and Civil Justice
       (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 65 - 96
    4  and insert:
    5         Section 2. Subsection (4) of section 27.51, Florida
    6  Statutes, is amended to read:
    7         27.51 Duties of public defender.—
    8         (4) The public defender for the judicial circuit specified
    9  in this subsection shall, after the record on appeal is
   10  transmitted to the appellate court by the office of the public
   11  defender which handled the trial and if requested by any public
   12  defender within the indicated appellate district, handle all
   13  circuit court and county court misdemeanor and criminal appeals
   14  within the state courts system and any authorized appeals to the
   15  federal courts required of the official making such request:
   16         (a) Public defender of the second judicial circuit, on
   17  behalf of any public defender within the district comprising the
   18  First District Court of Appeal.
   19         (b) Public defender of the tenth judicial circuit, on
   20  behalf of any public defender within the district comprising the
   21  Second District Court of Appeal.
   22         (c) Public defender of the eleventh judicial circuit, on
   23  behalf of any public defender within the district comprising the
   24  Third District Court of Appeal.
   25         (d) Public defender of the fifteenth judicial circuit, on
   26  behalf of any public defender within the district comprising the
   27  Fourth District Court of Appeal.
   28         (e) Public defender of the seventh judicial circuit, on
   29  behalf of any public defender within the district comprising the
   30  Fifth District Court of Appeal.
   31         Section 3. Section 34.017, Florida Statutes, is amended to
   32  read:
   33         34.017 Certification of questions to district court of
   34  appeal.—
   35         (1) A county court may is permitted to certify a question
   36  to the district court of appeal in a final judgment that is
   37  appealable to the circuit court if the question may have
   38  statewide application, and:
   39         (a) Is of great public importance; or
   40         (b) Will affect the uniform administration of justice.
   41         (2) In the final judgment, the trial court shall:
   42         (a) Make findings of fact and conclusions of law; and
   43         (b) State concisely the question to be certified.
   44         (3) The decision to certify the question to the district
   45  court of appeal is within the sole discretion of the county
   46  court.
   47         (4) The district court of appeal has absolute discretion as
   48  to whether to answer a question certified by the county court.
   49         (a) If the district court agrees to answer the certified
   50  question, it shall decide all appealable issues that have been
   51  raised from the final judgment.
   52         (b) If the district court declines to answer the certified
   53  question, the case shall be transferred to the circuit court
   54  which has appellate jurisdiction.
   55         Section 4. Section 35.065, Florida Statutes, is amended to
   56  read:
   57         35.065 Review of judgment or order certified by county
   58  court to be of great public importance.—Pursuant to s. 34.017, a
   59  district court of appeal may review any order or judgment of a
   60  county court which is certified by the county court to be of
   61  great public importance.
   62         Section 5. Section 924.08, Florida Statutes, is amended to
   63  read:
   64         924.08 Courts of appeal.—Appeals from final judgments in
   65  misdemeanor cases tried by county courts shall be to the
   66  district court of appeal circuit court.
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete lines 7 - 15
   71  and insert:
   72         provided by law; amending s. 27.51, F.S.; revising the
   73         duties of the public defender regarding the handling
   74         of appeals to conform to changes made by the act;
   75         amending s. 34.017, F.S.; authorizing a county court
   76         to certify a question to a district court of appeal in
   77         a final judgment that is appealable to a circuit
   78         court; amending s. 35.065, F.S.; authorizing a
   79         district court of appeal to review certain questions
   80         certified by a county court; amending s. 924.08, F.S.;
   81         specifying that final judgments of misdemeanor cases
   82         tried in county court are appealable to the district
   83         court of appeal; providing an