Florida Senate - 2020 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1510 Ì836136,Î836136 576-03906-20 Proposed Committee Substitute by the Committee on Appropriations (Appropriations Subcommittee on Criminal and Civil Justice) 1 A bill to be entitled 2 An act relating to the jurisdiction of courts; 3 amending s. 26.012, F.S.; limiting the appellate 4 jurisdiction of the circuit courts to appeals from 5 final administrative orders of local code enforcement 6 boards and other reviews and appeals expressly 7 provided by law; amending ss. 27.51 and 27.511, F.S.; 8 revising the duties of the public defender and office 9 of criminal conflict and civil regional counsel, 10 respectively, regarding the handling of appeals to 11 conform to changes made by the act; amending s. 12 34.017, F.S.; authorizing a county court to certify a 13 question to a district court of appeal in a final 14 judgment that is appealable to a circuit court; 15 amending s. 35.065, F.S.; authorizing a district court 16 of appeal to review certain questions certified by a 17 county court; repealing s. 924.08, F.S., relating to 18 the jurisdiction of the circuit court to hear appeals 19 from final judgments in misdemeanor cases; providing 20 an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 26.012, Florida Statutes, is amended to 25 read: 26 26.012 Jurisdiction of circuit court.— 27 (1)
Circuit courts shall have jurisdiction of appeals from28 county courts except:29 (a) Appeals of county court orders or judgments where the30 amount in controversy is greater than $15,000. This paragraph is31 repealed on January 1, 2023.32 (b) Appeals of county court orders or judgments declaring33 invalid a state statute or a provision of the State34 Constitution.35 (c) Orders or judgments of a county court which are36 certified by the county court to the district court of appeal to37 be of great public importance and which are accepted by the38 district court of appeal for review.Circuit courts shall have 39 jurisdiction of appeals from final administrative orders of 40 local government code enforcement boards and of reviews and 41 appeals as otherwise expressly provided by law. 42 (2) Circuit courts Theyshall have exclusive original 43 jurisdiction: 44 (a) In all actions at law not cognizable by the county 45 courts; 46 (b) Of proceedings relating to the settlement of the 47 estates of decedents and minors, the granting of letters 48 testamentary, guardianship, involuntary hospitalization, the 49 determination of incompetency, and other jurisdiction usually 50 pertaining to courts of probate; 51 (c) In all cases in equity including all cases relating to 52 juveniles except traffic offenses as provided in chapters 316 53 and 985; 54 (d) Of all felonies and of all misdemeanors arising out of 55 the same circumstances as a felony which is also charged; 56 (e) In all cases involving legality of any tax assessment 57 or toll or denial of refund, except as provided in s. 72.011; 58 (f) In actions of ejectment; and 59 (g) In all actions involving the title and boundaries of 60 real property. 61 (3) The circuit court may issue injunctions. 62 (4) The chief judge of a circuit may authorize a county 63 court judge to order emergency hospitalizations pursuant to part 64 I of chapter 394 in the absence from the county of the circuit 65 judge; and the county court judge shall have the power to issue 66 all temporary orders and temporary injunctions necessary or 67 proper to the complete exercise of such jurisdiction. 68 (5) A circuit court is a trial court. 69 Section 2. Subsection (4) of section 27.51, Florida 70 Statutes, is amended to read: 71 27.51 Duties of public defender.— 72 (4) The public defender for the judicial circuit specified 73 in this subsection shall, after the record on appeal is 74 transmitted to the appellate court by the office of the public 75 defender which handled the trial and if requested by any public 76 defender within the indicated appellate district, handle all 77 circuit court and county court appeals within the state courts 78 system and any authorized appeals to the federal courts required 79 of the official making such request: 80 (a) Public defender of the second judicial circuit, on 81 behalf of any public defender within the district comprising the 82 First District Court of Appeal. 83 (b) Public defender of the tenth judicial circuit, on 84 behalf of any public defender within the district comprising the 85 Second District Court of Appeal. 86 (c) Public defender of the eleventh judicial circuit, on 87 behalf of any public defender within the district comprising the 88 Third District Court of Appeal. 89 (d) Public defender of the fifteenth judicial circuit, on 90 behalf of any public defender within the district comprising the 91 Fourth District Court of Appeal. 92 (e) Public defender of the seventh judicial circuit, on 93 behalf of any public defender within the district comprising the 94 Fifth District Court of Appeal. 95 Section 3. Subsection (8) of section 27.511, Florida 96 Statutes, is amended to read: 97 27.511 Offices of criminal conflict and civil regional 98 counsel; legislative intent; qualifications; appointment; 99 duties.— 100 (8) The public defender for the judicial circuit specified 101 in s. 27.51(4) shall, after the record on appeal is transmitted 102 to the appellate court by the office of criminal conflict and 103 civil regional counsel which handled the trial and if requested 104 by the regional counsel for the indicated appellate district, 105 handle all circuit court and county court appeals authorized 106 pursuant to paragraph (5)(f) within the state courts system and 107 any authorized appeals to the federal courts required of the 108 official making the request. If the public defender certifies to 109 the court that the public defender has a conflict consistent 110 with the criteria prescribed in s. 27.5303 and moves to 111 withdraw, the regional counsel shall handle the appeal, unless 112 the regional counsel has a conflict, in which case the court 113 shall appoint private counsel pursuant to s. 27.40. 114 Section 4. Section 34.017, Florida Statutes, is amended to 115 read: 116 34.017 Certification of questions to district court of 117 appeal.— 118 (1) A county court may is permitted tocertify a question 119 to the district court of appeal in a final judgment that is 120 appealable to the circuit court if the question may have 121 statewide application, and: 122 (a) Is of great public importance; or 123 (b) Will affect the uniform administration of justice. 124 (2) In the final judgment, the trial court shall: 125 (a) Make findings of fact and conclusions of law; and 126 (b) State concisely the question to be certified. 127 (3) The decision to certify the question to the district 128 court of appeal is within the sole discretion of the county 129 court. 130 (4) The district court of appeal has absolute discretion as 131 to whether to answer a question certified by the county court. 132 (a) If the district court agrees to answer the certified 133 question, it shall decide all appealable issues that have been 134 raised from the final judgment. 135 (b) If the district court declines to answer the certified 136 question, the case shall be transferred to the circuit court 137 which has appellate jurisdiction. 138 Section 5. Section 35.065, Florida Statutes, is amended to 139 read: 140 35.065 Review of judgment or order certified by county 141 court to be of great public importance.—Pursuant to s. 34.017, a 142 district court of appeal may review any order or judgment of a 143 county court which is certified by the county court to be of 144 great public importance. 145 Section 6. Section 924.08, Florida Statutes, is repealed. 146 Section 7. This act shall take effect January 1, 2021.