Florida Senate - 2020 CS for SB 1510 By the Committee on Judiciary; and Senator Brandes 590-02410-20 20201510c1 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 s. 34.017, F.S.; authorizing 8 a county court to certify a question to a district 9 court of appeal in a final judgment that is appealable 10 to a circuit court; amending s. 35.065, F.S.; 11 authorizing a district court of appeal to review 12 certain questions certified by a county court; 13 repealing s. 924.08, F.S., relating to the 14 jurisdiction of the circuit court to hear appeals from 15 final judgments in misdemeanor cases; providing an 16 effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 26.012, Florida Statutes, is amended to 21 read: 22 26.012 Jurisdiction of circuit court.— 23 (1)
Circuit courts shall have jurisdiction of appeals from24 county courts except:25 (a) Appeals of county court orders or judgments where the26 amount in controversy is greater than $15,000. This paragraph is27 repealed on January 1, 2023.28 (b) Appeals of county court orders or judgments declaring29 invalid a state statute or a provision of the State30 Constitution.31 (c) Orders or judgments of a county court which are32 certified by the county court to the district court of appeal to33 be of great public importance and which are accepted by the34 district court of appeal for review.Circuit courts shall have 35 jurisdiction of appeals from final administrative orders of 36 local government code enforcement boards and of reviews and 37 appeals as otherwise expressly provided by law. 38 (2) Circuit courts Theyshall have exclusive original 39 jurisdiction: 40 (a) In all actions at law not cognizable by the county 41 courts; 42 (b) Of proceedings relating to the settlement of the 43 estates of decedents and minors, the granting of letters 44 testamentary, guardianship, involuntary hospitalization, the 45 determination of incompetency, and other jurisdiction usually 46 pertaining to courts of probate; 47 (c) In all cases in equity including all cases relating to 48 juveniles except traffic offenses as provided in chapters 316 49 and 985; 50 (d) Of all felonies and of all misdemeanors arising out of 51 the same circumstances as a felony which is also charged; 52 (e) In all cases involving legality of any tax assessment 53 or toll or denial of refund, except as provided in s. 72.011; 54 (f) In actions of ejectment; and 55 (g) In all actions involving the title and boundaries of 56 real property. 57 (3) The circuit court may issue injunctions. 58 (4) The chief judge of a circuit may authorize a county 59 court judge to order emergency hospitalizations pursuant to part 60 I of chapter 394 in the absence from the county of the circuit 61 judge; and the county court judge shall have the power to issue 62 all temporary orders and temporary injunctions necessary or 63 proper to the complete exercise of such jurisdiction. 64 (5) A circuit court is a trial court. 65 Section 2. Section 34.017, Florida Statutes, is amended to 66 read: 67 34.017 Certification of questions to district court of 68 appeal.— 69 (1) A county court may is permitted tocertify a question 70 to the district court of appeal in a final judgment that is 71 appealable to the circuit court if the question may have 72 statewide application, and: 73 (a) Is of great public importance; or 74 (b) Will affect the uniform administration of justice. 75 (2) In the final judgment, the trial court shall: 76 (a) Make findings of fact and conclusions of law; and 77 (b) State concisely the question to be certified. 78 (3) The decision to certify the question to the district 79 court of appeal is within the sole discretion of the county 80 court. 81 (4) The district court of appeal has absolute discretion as 82 to whether to answer a question certified by the county court. 83 (a) If the district court agrees to answer the certified 84 question, it shall decide all appealable issues that have been 85 raised from the final judgment. 86 (b) If the district court declines to answer the certified 87 question, the case shall be transferred to the circuit court 88 which has appellate jurisdiction. 89 Section 3. Section 35.065, Florida Statutes, is amended to 90 read: 91 35.065 Review of judgment or order certified by county 92 court to be of great public importance.—Pursuant to s. 34.017, a 93 district court of appeal may review any order or judgment of a 94 county court which is certified by the county court to be of 95 great public importance. 96 Section 4. Section 924.08, Florida Statutes, is repealed. 97 Section 5. This act shall take effect January 1, 2021.