Bill Text: FL S0462 | 2012 | Regular Session | Comm Sub
Bill Title: Terms of Courts
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-09 - Died on Calendar [S0462 Detail]
Download: Florida-2012-S0462-Comm_Sub.html
Florida Senate - 2012 CS for SB 462 By the Committee on Judiciary; and Senator Bogdanoff 590-03254-12 2012462c1 1 A bill to be entitled 2 An act relating to terms of courts; repealing s. 3 25.051, F.S., relating to regular terms of the Supreme 4 Court; repealing s. 26.21, F.S., relating to terms of 5 the circuit courts; repealing s. 26.22, F.S., relating 6 to terms of the First Judicial Circuit; repealing s. 7 26.23, F.S., relating to terms of the Second Judicial 8 Circuit; repealing s. 26.24, F.S., relating to terms 9 of the Third Judicial Circuit; repealing s. 26.25, 10 F.S., relating to terms of the Fourth Judicial 11 Circuit; repealing s. 26.26, F.S., relating to terms 12 of the Fifth Judicial Circuit; repealing s. 26.27, 13 F.S., relating to terms of the Sixth Judicial Circuit; 14 repealing s. 26.28, F.S., relating to terms of the 15 Seventh Judicial Circuit; repealing s. 26.29, F.S., 16 relating to terms of the Eighth Judicial Circuit; 17 repealing s. 26.30, F.S., relating to terms of the 18 Ninth Judicial Circuit; repealing s. 26.31, F.S., 19 relating to terms of the Tenth Judicial Circuit; 20 repealing s. 26.32, F.S., relating to terms of the 21 Eleventh Judicial Circuit; repealing s. 26.33, F.S., 22 relating to terms of the Twelfth Judicial Circuit; 23 repealing s. 26.34, F.S., relating to terms of the 24 Thirteenth Judicial Circuit; repealing s. 26.35, F.S., 25 relating to terms of the Fourteenth Judicial Circuit; 26 repealing s. 26.36, F.S., relating to terms of the 27 Fifteenth Judicial Circuit; repealing s. 26.361, F.S., 28 relating to terms of the Sixteenth Judicial Circuit; 29 repealing s. 26.362, F.S., relating to terms of the 30 Seventeenth Judicial Circuit; repealing s. 26.363, 31 F.S., relating to terms of the Eighteenth Judicial 32 Circuit; repealing s. 26.364, F.S., relating to terms 33 of the Nineteenth Judicial Circuit; repealing s. 34 26.365, F.S., relating to terms of the Twentieth 35 Judicial Circuit; repealing s. 26.37, F.S., relating 36 to requiring a judge to attend the first day of each 37 term of the circuit court; repealing s. 26.38, F.S., 38 relating to a requirement for a judge to state a 39 reason for nonattendance; repealing s. 26.39, F.S., 40 relating to the penalty for nonattendance of the 41 judge; repealing s. 26.40, F.S., relating to 42 adjournment of the circuit court upon nonattendance of 43 the judge; repealing s. 26.42, F.S., relating to 44 calling all cases on the docket at the end of each 45 term; repealing s. 35.10, F.S., relating to regular 46 terms of the district courts of appeal; repealing s. 47 35.11, F.S., relating to special terms of the district 48 courts of appeal; repealing s. 907.05, F.S., relating 49 to a requirement that criminal trials be heard in the 50 term of court prior to civil cases; repealing s. 51 907.055, F.S., relating to a requirement that persons 52 in custody be arraigned and tried in the term of court 53 unless good cause is shown; amending ss. 26.46, 27.04, 54 30.12, 30.15, 34.13, 35.05, and 38.23, F.S.; 55 conforming provisions to changes made by the act; 56 creating s. 43.43, F.S.; allowing the Supreme Court to 57 set terms of court for the Supreme Court, district 58 courts of appeal, and circuit courts; creating s. 59 43.44, F.S.; providing that appellate courts may 60 withdraw a mandate within 120 days after its issuance; 61 amending ss. 112.19, 206.215, 450.121, 831.10, 831.17, 62 877.08, 902.19, 903.32, 905.01, 905.09, 905.095, 63 914.03, 924.065, and 932.47, F.S.; conforming 64 provisions to changes made by the act; providing an 65 effective date. 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69 Section 1. Sections 25.051, 26.21, 26.22, 26.23, 26.24, 70 26.25, 26.26, 26.27, 26.28, 26.29, 26.30, 26.31, 26.32, 26.33, 71 26.34, 26.35, 26.36, 26.361, 26.362, 26.363, 26.364, 26.365, 72 26.37, 26.38, 26.39, 26.40, 26.42, 35.10, 35.11, 907.05, and 73 907.055, Florida Statutes, are repealed. 74 Section 2. Section 26.46, Florida Statutes, is amended to 75 read: 76 26.46 Jurisdiction of resident judge after assignment.—When 77 a circuit judge is assigned to another circuit, none of the 78 circuit judges in such other circuit shall, because of such 79 assignment, be deprived of or affected in his or her 80 jurisdiction other than to the extent essential so as not to 81 conflict with the authority of the temporarily assigned circuit 82 judge as to the particular case or cases or class of cases, or83in presiding at the particular term or part of term named or84specified in the assignment. 85 Section 3. Section 27.04, Florida Statutes, is amended to 86 read: 87 27.04 Summoning and examining witnesses for state.—The 88 state attorney shall have summoned all witnesses required on 89 behalf of the state; and he or she is allowed the process of his 90 or her court to summon witnesses from throughout the state to 91 appear before the state attorneyin or out of term timeat such 92 convenient places in the state attorney’s judicial circuit and 93 at such convenient times as may be designated in the summons, to 94 testify before him or her as to any violation of the law upon 95 which they may be interrogated, and he or she is empowered to 96 administer oaths to all witnesses summoned to testify by the 97 process of his or her court or who may voluntarily appear before 98 the state attorney to testify as to any violation or violations 99 of the law. 100 Section 4. Section 30.12, Florida Statutes, is amended to 101 read: 102 30.12 Power to appoint sheriff.—Whenever any sheriff in the 103 state shall fail to attend, in person or by deputy,any term of104 the circuit court or county court of the county, from sickness, 105 death, or other cause, the judge attending said court may 106 appoint an interimasheriff, who shall assume all the 107 responsibilities, perform all the duties, and receive the same 108 compensation as if he or she had been duly appointed sheriff,109 for only thesaidterm of nonattendancecourtand no longer. 110 Section 5. Paragraph (c) of subsection (1) of section 111 30.15, Florida Statutes, is amended to read: 112 30.15 Powers, duties, and obligations.— 113 (1) Sheriffs, in their respective counties, in person or by 114 deputy, shall: 115 (c) Attend all sessionstermsof the circuit court and 116 county court held in their counties. 117 Section 6. Subsection (2) of section 34.13, Florida 118 Statutes, is amended to read: 119 34.13 Method of prosecution.— 120 (2) Upon the finding of indictments by the grand jury for 121 crimes cognizable by the county court, the clerk of the court, 122 without any order therefor, shall docket the same on the trial 123 docket of the county courton or before the first day of its124next succeeding term. 125 Section 7. Subsection (2) of section 35.05, Florida 126 Statutes, is amended to read: 127 35.05 Headquarters.— 128 (2) A district court of appeal may designate other 129 locations within its district as branch headquarters for the 130 conduct of the business of the courtin special or regular term131 and as the official headquarters of its officers or employees 132 pursuant to s. 112.061. 133 Section 8. Section 38.23, Florida Statutes, is amended to 134 read: 135 38.23 ContemptContemptsdefined.—A refusal to obey any 136 legal order, mandate or decree, made or given by any judge 137either in term time or in vacationrelative to any of the 138 business of thesaidcourt, after due notice thereof, isshall139be considereda contempt, punishableand punishedaccordingly. 140But nothing said or written, or published, in vacation, to or of141any judge, or of any decision made by a judge, shall in any case142be construed to be a contempt.143 Section 9. Section 43.43, Florida Statutes, is created to 144 read: 145 43.43 Terms of courts.—The Supreme Court may establish 146 terms of court for the Supreme Court, the district courts of 147 appeal, and the circuit courts; may authorize district courts of 148 appeal and circuit courts to establish their own terms of court; 149 or may dispense with terms of court. 150 Section 10. Section 43.44, Florida Statutes, is created to 151 read: 152 43.44 Mandate of an appeals court.—An appellate court has 153 the jurisdiction and power, as the circumstances and justice of 154 the case may require, to reconsider, revise, reform, or modify 155 its own opinions and orders for the purpose of making the same 156 accord with law and justice. Accordingly, an appellate court has 157 the power to recall its own mandate for the purpose of allowing 158 it to exercise such jurisdiction and power in a proper case. A 159 mandate may not be recalled more than 120 days after it has been 160 issued. 161 Section 11. Paragraph (b) of subsection (1) of section 162 112.19, Florida Statutes, is amended to read: 163 112.19 Law enforcement, correctional, and correctional 164 probation officers; death benefits.— 165 (1) Whenever used in this section, the term: 166 (b) “Law enforcement, correctional, or correctional 167 probation officer” means any officer as defined in s. 943.10(14) 168 or employee of the state or any political subdivision of the 169 state, including any law enforcement officer, correctional 170 officer, correctional probation officer, state attorney 171 investigator, or public defender investigator, whose duties 172 require such officer or employee to investigate, pursue, 173 apprehend, arrest, transport, or maintain custody of persons who 174 are charged with, suspected of committing, or convicted of a 175 crime; and the term includes any member of a bomb disposal unit 176 whose primary responsibility is the location, handling, and 177 disposal of explosive devices. The term also includes any full 178 time officer or employee of the state or any political 179 subdivision of the state, certified pursuant to chapter 943, 180 whose duties require such officer to serve process or to attend 181 a sessiontermsof a circuit or county court as bailiff. 182 Section 12. Subsection (2) of section 206.215, Florida 183 Statutes, is amended to read: 184 206.215 Costs and expenses of proceedings.— 185 (2) The clerks of the courts performing duties under the 186 provisions aforesaid shall receive the same fees as prescribed 187 by the general law for the performance of similar duties, and 188 witnesses attending any investigation pursuant to subpoena shall 189 receive the same mileage and per diem as if attending as a 190 witness before the circuit courtin term time. 191 Section 13. Subsection (4) of section 450.121, Florida 192 Statutes, is amended to read: 193 450.121 Enforcement of Child Labor Law.— 194 (4) Grand juriesshallhave inquisitorial powers to 195 investigate violations of this chapter; also, trial court judges 196 shall specially charge the grand jury, at the beginning of each197term of the court,to investigate violations of this chapter. 198 Section 14. Section 831.10, Florida Statutes, is amended to 199 read: 200 831.10 Second conviction of uttering forged bills.—A person 201 previouslyWhoever, having beenconvicted of violatingthe202offense mentioned ins. 831.09 who is again convicted of that 203the likeoffense committed after the former conviction,and on 204whoever is at the same term of the court convicteduponthree 205 distinct charges of such offense committed within a 6-month 206 period,shall be deemed a common utterer of counterfeit bills, 207 and shall be punished as provided in s. 775.084. 208 Section 15. Section 831.17, Florida Statutes, is amended to 209 read: 210 831.17 Violation of s. 831.16; second or subsequent 211 conviction.—A person previouslyWhoever having beenconvicted of 212 violatingeither of the offenses mentioned ins. 831.16 who,is 213 again convicted of violating that statuteeither of the same214offenses,committed after the former conviction on, and whoever215is at the same term of the court convicted uponthree distinct 216 charges of such offense committed within a 6-month periodsaid217offenses,commits a felony of the second degree, punishable as 218 provided in s. 775.082, s. 775.083, or s. 775.084. 219 Section 16. Subsection (4) of section 877.08, Florida 220 Statutes, is amended to read: 221 877.08 Coin-operated vending machines and parking meters; 222 defined; prohibited acts, penalties.— 223 (4) Whoever violatesthe provisions ofsubsection (3) a 224 second or subsequent time commits, and is convicted of such225second separate offense, either at the same term or a subsequent226term of court, shall be guilty ofa felony of the third degree, 227 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 228 Section 17. Subsection (1) of section 902.19, Florida 229 Statutes, is amended to read: 230 902.19 When prosecutor liable for costs.— 231 (1) IfWhena person makes a complaint before a county 232 court judge that a crime has been committed and is recognized by 233 the county court judge to appear beforeat the next term ofthe 234 court having jurisdiction to give evidence of the crime and 235 fails to appear, the person isshall beliable for all costs 236 occasioned by his or her complaint, and the county court judge 237 may enterobtaina judgment and execution for the costs as in 238 other cases. 239 Section 18. Subsection (2) of section 903.32, Florida 240 Statutes, is amended to read: 241 903.32 Defects in bond.— 242 (2) If no day, or an impossible day, is stated in a bond 243 for the defendant’s appearance before a trial court judge for a 244 hearing or trial, the defendant shall be bound to appear 10 days 245 after receipt of notice to appear by the defendant, the 246 defendant’s counsel, or any surety on the undertaking.If no247day, or an impossible day, is stated in a bond for the248defendant’s appearance for trial, the defendant shall be bound249to appear on the first day of the next term of court that will250commence more than 3 days after the undertaking is given.251 Section 19. Section 905.01, Florida Statutes, is amended to 252 read: 253 905.01 Number and procurement of grand jury; replacement of 254 member; term of grand jury.— 255 (1) The grand jury shall consist of not fewer than 15 nor 256 more than 21 persons. The provisions of law governing the 257 qualifications, disqualifications, excusals, drawing, summoning, 258 supplying deficiencies, compensation, and procurement of petit 259 jurors apply to grand jurors. In addition, an elected public 260 official is not eligible for service on a grand jury. 261 (2) The chief judge of any circuit court may provide for 262 the replacement of any grand juror who, for good cause, is 263 unable to complete the term of the grand jury. Such replacement 264 shall be made by appropriate order of the chief judge from the 265 list of prospective jurors from which the grand juror to be 266 replaced was selected. 267 (3) The chief judge of eachanycircuit court shall 268 regularly ordermay dispense withthe convening of the grand 269 jury for aat anyterm of 6 monthscourt by filing a written270order with the clerk of court directing that a grand jury not be271summoned. 272 Section 20. Section 905.09, Florida Statutes, is amended to 273 read: 274 905.09 Discharge and recall of grand jury.—A grand jury 275 that has been dismissed may be recalled at any time during the 276sameterm of the grand jurycourt. 277 Section 21. Section 905.095, Florida Statutes, is amended 278 to read: 279 905.095 Extension of grand jury term.—Upon petition of the 280 state attorney or the foreperson of the grand jury acting on 281 behalf of a majority of the grand jurors, the circuit court may 282 extend the term of a grand jury impaneled under this chapter 283 beyond the termof courtin which it was originally impaneled. A 284 grand jury whose term has been extended as provided herein shall 285 have the same composition and the same powers and duties it had 286 during its original term. IfIn the eventthe term of the grand 287 jury is extended under this section, it shall be extended for a 288 time certain, not to exceed a total of 90 days, and only for the 289 purpose of concluding one or more specified investigative 290 matters initiated during its original term. 291 Section 22. Section 914.03, Florida Statutes, is amended to 292 read: 293 914.03 Attendance of witnesses.—A witness summoned by a 294 grand juryor in a criminal caseshall remain in attendance 295 until excused by the grand jury. A witness summoned in a 296 criminal case shall remain available for attendance until the 297 case for which he or she was summoned is disposed of or until he 298 or she is excused by the court. A witness who departs without 299 permission of the court shall be in criminal contempt of court. 300A witness shall attend each succeeding term of court until the301case is terminated.302 Section 23. Subsection (2) of section 924.065, Florida 303 Statutes, is amended to read: 304 924.065 Denial of motion for new trial or arrest of 305 judgment; appeal bond; supersedeas.— 306 (2) An appeal mayshallnot be a supersedeas to the 307 execution of the judgment, sentence, or order until the 308 appellant has entered into a bond with at least two sureties to 309 secure the payment of the judgment, fine, and any future costs 310 that may be adjudged by the appellate court. The bond shall be 311 conditioned on the appellant’s personally answering and abiding 312 by the final order, sentence, or judgment of the appellate court 313 and, if the action is remanded, on the appellant’s appearing 314 beforeat the next term ofthe court in which the case was 315 originally determined and not departing without leave of court. 316 Section 24. Section 932.47, Florida Statutes, is amended to 317 read: 318 932.47 Informations filed by prosecuting attorneys. 319 Informations may be filed by the prosecuting attorney of the 320 circuit court with the clerk of the circuit courtin vacation or321in termwithout leave of the court first being obtained. 322 Section 25. This act shall take effect January 1, 2013.