Florida Senate - 2021                       CS for CS for SB 748
       
       
        
       By the Committees on Appropriations; and Judiciary; and Senator
       Brandes
       
       
       
       
       576-04225-21                                           2021748c2
    1                        A bill to be entitled                      
    2         An act relating to courts; amending s. 25.221, F.S.;
    3         deleting the requirement that the Clerk of the Supreme
    4         Court physically keep books, records, and other
    5         materials in the clerk’s office; amending s. 25.301,
    6         F.S.; deleting the requirement that Supreme Court
    7         decisions and orders remain in the clerk’s office;
    8         amending s. 28.2457, F.S.; requiring the clerks of the
    9         circuit court to collaborate with specified entities
   10         to prepare a plan to procure or develop a statewide
   11         electronic solution to accurately identify all
   12         assessments mandated by statute; requiring the plan to
   13         address certain considerations relating to the
   14         implementation of the electronic solution; requiring
   15         the clerks to submit the plan to the Legislature by a
   16         specified date; deleting a provision requiring the
   17         clerks to annually submit a uniform form for
   18         identification and imposition of mandated assessments
   19         to the Supreme Court; amending s. 34.01, F.S.;
   20         providing for the periodic inflationary adjustment of
   21         the monetary jurisdictional limit applicable to all
   22         actions at law in county courts filed on or after a
   23         specified date, beginning in a specified year;
   24         requiring the Office of Economic and Demographic
   25         Research to periodically calculate and certify such
   26         jurisdictional limit to the Chief Justice of the
   27         Supreme Court by a specified date; requiring specified
   28         entities to publish the adjusted jurisdictional limit
   29         on their websites; deleting obsolete language;
   30         amending s. 35.15, F.S.; deleting the requirement that
   31         decisions and orders of district courts of appeal
   32         remain in the office of the clerk of any such court;
   33         amending s. 35.23, F.S.; requiring the clerk of a
   34         district court of appeal to have an office at the
   35         headquarters of the court; deleting a requirement that
   36         the clerk keep records at the headquarters office;
   37         amending s. 35.24, F.S.; deleting the requirement that
   38         the clerk of a district court of appeal physically
   39         keep books, records, and other materials in the
   40         clerk’s office; amending s. 40.23, F.S.; authorizing
   41         any person who has been summoned for jury service to
   42         postpone such service for an additional timeframe in
   43         the event of a declared public health emergency or a
   44         state of emergency; specifying requirements for any
   45         such request; amending s. 812.014, F.S.; removing the
   46         requirement that fingerprints be taken in open court
   47         and in the judge’s presence upon a judgment of guilt
   48         of petit theft; authorizing the electronic capture of
   49         fingerprints; requiring the court officer, the
   50         employee of the court, or the employee of a criminal
   51         justice agency who captures fingerprints to sign a
   52         specified certification; amending s. 921.241, F.S.;
   53         removing the requirement that fingerprints be taken in
   54         open court and in the judge’s presence upon a judgment
   55         of guilt for a felony; authorizing the electronic
   56         capture of fingerprints; requiring the court officer,
   57         the employee of the court, or the employee of a
   58         criminal justice agency who captures fingerprints to
   59         sign a specified certification; conforming a provision
   60         to changes made by the act; removing the requirement
   61         that a judge obtain a defendant’s social security
   62         number at the time of fingerprinting; amending s.
   63         921.242, F.S.; removing the requirement that
   64         fingerprints be taken in open court and in the judge’s
   65         presence upon a judgment of guilt for an offense under
   66         ch. 796, F.S.; authorizing the electronic capture of
   67         fingerprints; requiring the court officer, the
   68         employee of the court, or the employee of a criminal
   69         justice agency who captures fingerprints to sign a
   70         specified certification; conforming a provision to
   71         changes made by the act; providing an effective date.
   72          
   73  Be It Enacted by the Legislature of the State of Florida:
   74  
   75         Section 1. Section 25.221, Florida Statutes, is amended to
   76  read:
   77         25.221 Maintenance Custody of books, records, and other
   78  materials etc.—All books, papers, records, files, and the seal
   79  of the Supreme Court must be maintained by shall be kept in the
   80  office of the clerk of said court and be in the clerk’s control,
   81  as prescribed by the Supreme Court custody.
   82         Section 2. Section 25.301, Florida Statutes, is amended to
   83  read:
   84         25.301 Decisions to be filed; copies to be furnished.—All
   85  decisions and opinions delivered by the Supreme said Court, or
   86  any justice thereof, relating in relation to any action or
   87  proceeding pending in the said court must shall be filed and
   88  remain in the office of the clerk and maintained by the clerk in
   89  the manner prescribed by the Supreme Court. Such decisions or
   90  opinions may, and shall not be taken out from the clerk’s
   91  maintenance or control except by order of the court; however,
   92  the but said clerk must shall at all times be required to
   93  furnish certified copies of such opinions and decisions to any
   94  person who makes such a request may desire the same certified
   95  copies of such opinions and decisions, upon receiving any
   96  required fees his or her fees therefor.
   97         Section 3. Subsection (2) of section 28.2457, Florida
   98  Statutes, is amended to read:
   99         28.2457 Mandatory monetary assessments.—
  100         (2) The clerks of the circuit courts shall collaborate with
  101  the state courts through the Florida Courts Technology
  102  Commission to prepare a plan to procure or develop a statewide
  103  electronic solution that will accurately identify all
  104  assessments mandated by statute. The plan must, at a minimum,
  105  address operational, technological, and fiscal considerations
  106  related to the implementation of the electronic solution. The
  107  clerks shall submit the plan to the President of the Senate and
  108  the Speaker of the House of Representatives no later than
  109  January 1, 2022 The clerks of court, through their association
  110  and in consultation with the Office of the State Courts
  111  Administrator, shall develop by October 1, 2012, a uniform form
  112  for the identification and imposition of all assessments
  113  mandated by statute. The clerks shall submit the form by that
  114  date, and by October 1 every year thereafter if necessary to
  115  reflect changes in the law, to the Supreme Court for approval.
  116  Upon approval of the form by the Supreme Court, all circuit and
  117  county courts shall use the form.
  118         Section 4. Subsection (1) of section 34.01, Florida
  119  Statutes, is amended to read:
  120         34.01 Jurisdiction of county court.—
  121         (1) County courts shall have original jurisdiction:
  122         (a) In all misdemeanor cases not cognizable by the circuit
  123  courts.
  124         (b) Of all violations of municipal and county ordinances.
  125         (c) Of all actions at law, except those within the
  126  exclusive jurisdiction of the circuit courts, in which the
  127  matter in controversy does not exceed, exclusive of interest,
  128  costs, and attorney fees:
  129         1. If filed on or before December 31, 2019, the sum of
  130  $15,000.
  131         2. If filed on or after January 1, 2020, the sum of
  132  $30,000.
  133         3. If filed on or after January 1, 2023, the sum of
  134  $50,000.
  135  
  136  Effective July 1, 2030, and every 10 years thereafter, the
  137  $50,000 jurisdictional limit in subparagraph 3. must be adjusted
  138  and increased by the percentage change in the Consumer Price
  139  Index for All Urban Consumers, U.S. City Average, All Items
  140  1982-84=100, or successor reports, for the preceding 10 calendar
  141  years as initially reported by the United States Department of
  142  Labor, Bureau of Labor Statistics. The adjusted jurisdictional
  143  limit must be rounded to the nearest $5,000. However, the
  144  jurisdictional limit may not be lower than $50,000. The Office
  145  of Economic and Demographic Research must calculate the adjusted
  146  jurisdictional limit and certify the adjusted jurisdictional
  147  limit to the Chief Justice of the Supreme Court beginning
  148  January 31, 2030, and every 10 years thereafter. The Office of
  149  Economic and Demographic Research and the Office of the State
  150  Courts Administrator must publish the adjusted jurisdictional
  151  limit on their websites.
  152         (d) Of disputes occurring in the homeowners’ associations
  153  as described in s. 720.311(2)(a), which shall be concurrent with
  154  jurisdiction of the circuit courts.
  155  
  156  By February 1, 2021, the Office of the State Courts
  157  Administrator shall submit a report to the Governor, the
  158  President of the Senate, and the Speaker of the House of
  159  Representatives. The report must make recommendations regarding
  160  the adjustment of county court jurisdiction, including, but not
  161  limited to, consideration of the claim value of filings in
  162  county court and circuit court, case events, timeliness in
  163  processing cases, and any fiscal impact to the state as a result
  164  of adjusted jurisdictional limits. The clerks of the circuit
  165  court and county court shall provide claim value data and
  166  necessary case event data to the office to be used in
  167  development of the report. The report must also include a review
  168  of fees to ensure that the court system is adequately funded and
  169  a review of the appellate jurisdiction of the district courts
  170  and the circuit courts, including the use of appellate panels by
  171  circuit courts.
  172         Section 5. Section 35.15, Florida Statutes, is amended to
  173  read:
  174         35.15 Decisions to be filed; copies to be furnished.—All
  175  decisions and opinions delivered by the district courts of
  176  appeal, or any judge thereof, relating in relation to any action
  177  or proceeding pending in such said court must shall be filed and
  178  remain in the office of the clerk and maintained in the control
  179  of the clerk. Such decisions and opinions may, and shall not be
  180  taken from the clerk’s maintenance or control therefrom except
  181  by order of the court; however, the but said clerk must shall at
  182  all times be required to furnish certified copies of such
  183  opinions and decisions to any person who makes such a request
  184  may desire the same certified copies of such opinions and
  185  decisions, upon receiving any required fees his or her fees
  186  therefor.
  187         Section 6. Section 35.23, Florida Statutes, is amended to
  188  read:
  189         35.23 Location of clerk’s office.—Each clerk shall have an
  190  office keep his or her records at the headquarters of the
  191  district court of appeal.
  192         Section 7. Section 35.24, Florida Statutes, is amended to
  193  read:
  194         35.24 Maintenance Custody of books, records, and other
  195  materials etc.—All books, papers, records, files and the seal of
  196  each district court of appeal shall be maintained by, and in the
  197  control of, kept in the office of the clerk of the said court.
  198         Section 8. Subsection (2) of section 40.23, Florida
  199  Statutes, is amended to read:
  200         40.23 Summoning jurors.—
  201         (2) The jury service of any person who has been summoned
  202  may be postponed for a period not to exceed 6 months upon
  203  written or oral request. However, if either a public health
  204  emergency has been declared by the State Health Officer pursuant
  205  to s. 381.00315 or a state of emergency has been declared by the
  206  Governor pursuant to s. 252.36(2), the jury service of any
  207  person who has been summoned may be postponed for a period not
  208  to exceed 12 months upon written or oral request. The request
  209  may specify a date or period of time to which service is to be
  210  postponed and, if so, shall be given consideration when the
  211  assignment of the postponed date of jury service is made.
  212         Section 9. Paragraph (d) of subsection (3) of section
  213  812.014, Florida Statutes, is amended to read:
  214         812.014 Theft.—
  215         (3)
  216         (d)1. A judgment of guilty or not guilty of a petit theft
  217  must shall be in:
  218         a. A written record that is signed by the judge and
  219  recorded by the clerk of the circuit court; or
  220         b. An electronic record that contains the judge’s
  221  electronic signature as defined in s. 933.40 and is recorded by
  222  the clerk of the circuit court.
  223         2. A At the time a defendant is found guilty of petit
  224  theft, the judge shall cause the following to occur in open
  225  court and in the judge’s presence:
  226         a. For a written judgment of guilty, the fingerprints of a
  227  the defendant who is found guilty of petit theft to against whom
  228  such judgment is rendered shall be manually taken or
  229  electronically captured and affixed beneath the judge’s
  230  signature on the judgment. Beneath Such fingerprints must be
  231  certified and filed in the case in which the judgment of guilty
  232  is entered as provided in s. 921.241(3). shall be appended a
  233  certificate to the following effect:
  234  
  235         “I hereby certify that the above and foregoing fingerprints
  236  on this judgment are the fingerprints of the defendant, ....,
  237  and that they were placed thereon by said defendant in my
  238  presence, in open court, this the .... day of ....,
  239  ...(year)....”
  240  
  241  Such certificate shall be signed by the judge, whose signature
  242  thereto shall be followed by the word “Judge.”
  243         b. For an electronic judgment of guilty, the fingerprints
  244  of the defendant must be electronically captured and a
  245  certificate must be issued as provided in s. 921.241(3)(b).
  246         3. A written or an electronic judgment of guilty of a petit
  247  theft, or a certified copy thereof, is admissible in evidence in
  248  the courts of this state as provided in s. 921.241(4).
  249         Section 10. Section 921.241, Florida Statutes, is amended
  250  to read:
  251         921.241 Felony judgments and; fingerprints and social
  252  security number required in record.—
  253         (1) As used in this section, the term:
  254         (a) “Electronic signature” has the same meaning as in s.
  255  933.40.
  256         (b) “Transaction control number” means the unique
  257  identifier comprised of numbers, letters, or other symbols for a
  258  digital fingerprint record generated by the device used to
  259  electronically capture the fingerprints.
  260         (2) A judgment of guilty or not guilty of a felony must
  261  shall be in:
  262         (a) A written record that is signed by the judge and
  263  recorded by the clerk of the court; or
  264         (b) An electronic record that contains the judge’s
  265  electronic signature and is recorded by the clerk of the court.
  266         (3) A At the time a defendant is found guilty of a felony,
  267  the judge shall cause the following to occur in open court and
  268  in the judge’s presence:
  269         (a) For a written judgment of guilty, the fingerprints of a
  270  the defendant who is found guilty of a felony to shall be
  271  manually taken or electronically captured. If the fingerprints
  272  are:
  273         (a)Manually taken, the fingerprints must be filed in the
  274  case in which and affixed beneath the judge’s signature on the
  275  judgment of guilty is entered. Beneath such fingerprints shall
  276  be appended a certification certificate to the following effect:
  277  
  278         “I hereby certify that the above and foregoing fingerprints
  279  on this judgment are the fingerprints of the defendant, ....,
  280  and that they were placed thereon by said defendant in my
  281  presence, in open court, this the .... day of ....,
  282  ...(year)....”
  283  
  284  The court officer, the employee of the court, or the employee of
  285  a criminal justice agency who manually took the fingerprints
  286  shall place his or her written signature on the certification.
  287  Such certificate shall be signed by the judge, whose signature
  288  thereto shall be followed by the word “Judge.”
  289         (b) For an electronic judgment of guilty, the fingerprints
  290  of the defendant shall be Electronically captured, and the
  291  following certification must certificate shall be filed in the
  292  case in which included in the electronic judgment of guilty is
  293  entered:
  294  
  295         “I hereby certify that the digital fingerprint record
  296  associated with Transaction Control Number .... contains the
  297  fingerprints of the defendant, ...., which were electronically
  298  captured from the defendant in my presence, in open court, this
  299  the .... day of ...., ...(year)....”
  300  
  301  The court officer, the employee of the court, or the employee of
  302  a criminal justice agency who electronically captured the
  303  fingerprints judge shall place his or her written or electronic
  304  signature, which shall be followed by the word “Judge,” on the
  305  certification certificate.
  306         (4) A written or electronic judgment of guilty, or a
  307  certified copy thereof, is shall be admissible in evidence in
  308  the several courts of this state as prima facie evidence that
  309  the:
  310         (a) Manual fingerprints filed in the case in which the
  311  judgment of guilty is entered appearing thereon and certified by
  312  the judge as specified in this section aforesaid are the
  313  fingerprints of the defendant against whom the judgment of
  314  guilty was rendered.
  315         (b) Digital fingerprint record associated with the
  316  transaction control number specified in the certification
  317  required by this section and filed in the case in which the
  318  judgment of guilty is entered judge’s certificate contains the
  319  fingerprints of the defendant against whom the judgment of
  320  guilty was rendered.
  321         (5) At the time the defendant’s fingerprints are manually
  322  taken or electronically captured, the judge shall also cause the
  323  defendant’s social security number to be taken. The defendant’s
  324  social security number shall be specified in each written or
  325  electronic judgment of guilty of a felony, in open court, in the
  326  presence of such judge, and at the time the judgment is
  327  rendered. If the defendant is unable or unwilling to provide his
  328  or her social security number, the reason for its absence shall
  329  be specified in the written or electronic judgment.
  330         Section 11. Section 921.242, Florida Statutes, is amended
  331  to read:
  332         921.242 Subsequent offenses under chapter 796; method of
  333  proof applicable.—
  334         (1) A judgment of guilty with respect to any offense
  335  governed by the provisions of chapter 796 must shall be in:
  336         (a) A written record that is signed by the judge and
  337  recorded by the clerk of the circuit court; or
  338         (b) An electronic record that contains the judge’s
  339  electronic signature as defined in s. 933.40 and is recorded by
  340  the clerk of the circuit court.
  341         (2) A At the time a defendant is found guilty, the judge
  342  shall cause the following to occur in open court and in the
  343  judge’s presence:
  344         (a) For a written judgment of guilty, the fingerprints of a
  345  the defendant who is found guilty of any offense governed by
  346  chapter 796 to against whom such judgment is rendered shall be
  347  manually taken or electronically captured and affixed beneath
  348  the judge’s signature on the judgment. Beneath Such fingerprints
  349  must be certified and filed in the case in which the judgment of
  350  guilty is entered as provided in s. 921.241(3). shall be
  351  appended a certificate to the following effect:
  352  
  353         “I hereby certify that the above and foregoing fingerprints
  354  are of the defendant, ...(name)..., and that they were placed
  355  thereon by said defendant in my presence, in open court, this
  356  the .... day of ...., ...(year)....”
  357  
  358  Such certificate shall be signed by the judge, whose signature
  359  thereto shall be followed by the word “Judge.”
  360         (b) For an electronic judgment of guilty, the fingerprints
  361  of the defendant must be electronically captured, and a
  362  certificate must be issued as provided in s. 921.241(3)(b).
  363         (3) A written or an electronic judgment of guilty, or a
  364  certified copy thereof, is shall be admissible in evidence in
  365  the several courts of this state as provided in s. 921.241(4).
  366         Section 12. This act shall take effect July 1, 2021.