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.
   18  Be It Enacted by the Legislature of the State of Florida:
   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 from
   24  county courts except:
   25         (a) Appeals of county court orders or judgments where the
   26  amount in controversy is greater than $15,000. This paragraph is
   27  repealed on January 1, 2023.
   28         (b) Appeals of county court orders or judgments declaring
   29  invalid a state statute or a provision of the State
   30  Constitution.
   31         (c) Orders or judgments of a county court which are
   32  certified by the county court to the district court of appeal to
   33  be of great public importance and which are accepted by the
   34  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 They shall 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 to certify 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.