Bill Text: FL S0748 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Courts
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 1197 (Ch. 2021-230) [S0748 Detail]
Download: Florida-2021-S0748-Introduced.html
Bill Title: Courts
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 1197 (Ch. 2021-230) [S0748 Detail]
Download: Florida-2021-S0748-Introduced.html
Florida Senate - 2021 SB 748 By Senator Brandes 24-01112-21 2021748__ 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 clerks of court 9 to develop a plan to procure or develop by a specified 10 date a statewide technological solution for 11 identifying mandatory monetary assessments in criminal 12 cases; deleting a provision requiring the clerks to 13 annually submit a uniform form for identification and 14 imposition of mandated assessments to the Supreme 15 Court; amending s. 34.01, F.S.; providing for the 16 periodic inflationary adjustment of the monetary 17 jurisdictional limit applicable to all actions at law 18 in county courts filed on or after a specified date, 19 beginning in 2030; deleting obsolete language; 20 amending s. 35.15, F.S.; deleting the requirement that 21 decisions and orders of district courts of appeal 22 remain in the office of the clerk of any such court; 23 amending s. 35.23, F.S.; requiring the clerk of a 24 district court of appeal to have an office at the 25 headquarters of the court; deleting a requirement that 26 the clerk keep records at the headquarters office; 27 amending s. 35.24, F.S.; deleting the requirement that 28 the clerk of a district court of appeal physically 29 keep books, records, and other materials in the 30 clerk’s office; amending s. 40.23, F.S.; authorizing 31 any person who has been summoned for jury service to 32 postpone such service for an additional timeframe in 33 the event of a declared public health emergency or a 34 state of emergency; specifying requirements for any 35 such request; amending s. 812.014, F.S.; removing the 36 requirement that fingerprints be taken in open court 37 and in the judge’s presence upon a judgment of guilt 38 of petit theft; authorizing the electronic capture of 39 fingerprints; requiring the court officer, the 40 employee of the court, or the employee of a criminal 41 justice agency who captures fingerprints to sign a 42 specified certification; amending s. 921.241, F.S.; 43 removing the requirement that fingerprints be taken in 44 open court and in the judge’s presence upon a judgment 45 of guilt for a felony; authorizing the electronic 46 capture of fingerprints; requiring the court officer, 47 the employee of the court, or the employee of a 48 criminal justice agency who captures fingerprints to 49 sign a specified certification; conforming a provision 50 to changes made by the act; removing the requirement 51 that a judge obtain a defendant’s social security 52 number at the time of fingerprinting; amending s. 53 921.242, F.S.; removing the requirement that 54 fingerprints be taken in open court and in the judge’s 55 presence upon a judgment of guilt for an offense under 56 ch. 796, F.S.; authorizing the electronic capture of 57 fingerprints; requiring the court officer, the 58 employee of the court, or the employee of a criminal 59 justice agency who captures fingerprints to sign a 60 specified certification; conforming a provision to 61 changes made by the act; providing an effective date. 62 63 Be It Enacted by the Legislature of the State of Florida: 64 65 Section 1. Section 25.221, Florida Statutes, is amended to 66 read: 67 25.221 MaintenanceCustodyof books, records, and other 68 materialsetc.—All books, papers, records, files, and the seal 69 of the Supreme Court must be maintained byshall bekept in the70officeofthe clerkof said courtand be in the clerk’s control, 71 as prescribed by the Supreme Courtcustody. 72 Section 2. Section 25.301, Florida Statutes, is amended to 73 read: 74 25.301 Decisions to be filed; copies to be furnished.—All 75 decisions and opinions delivered by the SupremesaidCourt, or 76 any justice thereof, relatingin relationto any action or 77 proceeding pending in thesaidcourt mustshallbe filedand78remainin the office of the clerk and maintained by the clerk in 79 the manner prescribed by the Supreme Court. Such decisions or 80 opinions may, andshallnot be taken out from the clerk’s 81 maintenance or control except by order of the court; however, 82 thebutsaidclerk mustshall at all times be required to83 furnish certified copies of such opinions and decisions to any 84 person who makes such a requestmay desire the same certified85copies of such opinions and decisions, upon receiving any 86 required feeshis or her fees therefor. 87 Section 3. Subsection (2) of section 28.2457, Florida 88 Statutes, is amended to read: 89 28.2457 Mandatory monetary assessments.— 90 (2) By October 1, 2021, the clerks of court, through their 91 association and with the assistance of the Florida Courts 92 Technology Commissionin consultation with the Office of the93State Courts Administrator, shall develop a plan to procure or 94 develop a statewide technological solution that will help 95 accurately identify mandatory monetary assessments in criminal 96 casesby October 1, 2012, a uniform form for the identification97and imposition of all assessments mandated by statute.The98clerks shall submit the form by that date, and by October 199every year thereafter if necessary to reflect changes in the100law, to the Supreme Court for approval. Upon approval of the101form by the Supreme Court, all circuit and county courts shall102use the form.103 Section 4. Subsection (1) of section 34.01, Florida 104 Statutes, is amended to read: 105 34.01 Jurisdiction of county court.— 106 (1) County courts shall have original jurisdiction: 107 (a) In all misdemeanor cases not cognizable by the circuit 108 courts. 109 (b) Of all violations of municipal and county ordinances. 110 (c) Of all actions at law, except those within the 111 exclusive jurisdiction of the circuit courts, in which the 112 matter in controversy does not exceed, exclusive of interest, 113 costs, and attorney fees: 114 1. If filed on or before December 31, 2019, the sum of 115 $15,000. 116 2. If filed on or after January 1, 2020, the sum of 117 $30,000. 118 3. If filed on or after January 1, 2023, the sum of 119 $50,000. 120 121 The $50,000 jurisdictional limit in subparagraph 3. shall be 122 adjusted, effective January 1, 2030, and every 10 years 123 thereafter, by the percentage change in the average of the 124 Consumer Price Index issued by the United States Department of 125 Labor for the most recent 12-month period ending on September 126 30, compared to the base year average, which is the average for 127 the 12-month period ending September 30, 2022. The adjusted 128 jurisdictional limit must be rounded to the nearest $1,000. 129 (d) Of disputes occurring in the homeowners’ associations 130 as described in s. 720.311(2)(a), which shall be concurrent with 131 jurisdiction of the circuit courts. 132 133By February 1, 2021, the Office of the State Courts134Administrator shall submit a report to the Governor, the135President of the Senate, and the Speaker of the House of136Representatives. The report must make recommendations regarding137the adjustment of county court jurisdiction, including, but not138limited to, consideration of the claim value of filings in139county court and circuit court, case events, timeliness in140processing cases, and any fiscal impact to the state as a result141of adjusted jurisdictional limits. The clerks of the circuit142court and county court shall provide claim value data and143necessary case event data to the office to be used in144development of the report. The report must also include a review145of fees to ensure that the court system is adequately funded and146a review of the appellate jurisdiction of the district courts147and the circuit courts, including the use of appellate panels by148circuit courts.149 Section 5. Section 35.15, Florida Statutes, is amended to 150 read: 151 35.15 Decisions to be filed; copies to be furnished.—All 152 decisions and opinions delivered by the district courts of 153 appeal, or any judge thereof, relatingin relationto any action 154 or proceeding pending in suchsaidcourt mustshallbe filedand155remainin the office of the clerk and maintained in the control 156 of the clerk. Such decisions and opinions may, andshallnot be 157 taken from the clerk’s maintenance or controltherefromexcept 158 by order of the court; however, thebutsaidclerk mustshall at159all times be required tofurnish certified copies of such 160 opinions and decisions to any person who makes such a request 161may desire the same certified copies of such opinions and162decisions, upon receiving any required feeshis or her fees163therefor. 164 Section 6. Section 35.23, Florida Statutes, is amended to 165 read: 166 35.23 Location of clerk’s office.—Each clerk shall have an 167 officekeep his or her recordsat the headquarters of the 168 district court of appeal. 169 Section 7. Section 35.24, Florida Statutes, is amended to 170 read: 171 35.24 MaintenanceCustodyof books, records, and other 172 materialsetc.—All books, papers, records, files and the seal of 173 each district court of appeal shall be maintained by, and in the 174 control of,kept in the office ofthe clerk of thesaidcourt. 175 Section 8. Subsection (2) of section 40.23, Florida 176 Statutes, is amended to read: 177 40.23 Summoning jurors.— 178 (2) The jury service of any person who has been summoned 179 may be postponed for a period not to exceed 6 months upon 180 written or oral request. However, if either a public health 181 emergency has been declared by the State Health Officer pursuant 182 to s. 381.00315 or a state of emergency has been declared by the 183 Governor pursuant to s. 252.36(2), the jury service of any 184 person who has been summoned may be postponed for a period not 185 to exceed 12 months upon written or oral request. The request 186 may specify a date or period of time to which service is to be 187 postponed and, if so, shall be given consideration when the 188 assignment of the postponed date of jury service is made. 189 Section 9. Paragraph (d) of subsection (3) of section 190 812.014, Florida Statutes, is amended to read: 191 812.014 Theft.— 192 (3) 193 (d)1. A judgment of guilty or not guilty of a petit theft 194 mustshallbe in: 195 a. A written record that is signed by the judge and 196 recorded by the clerk of the circuit court; or 197 b. An electronic record that contains the judge’s 198 electronic signature as defined in s. 933.40 and is recorded by 199 the clerk of the circuit court. 200 2. At the time a defendant is found guilty of petit theft, 201 the judge shall cause the following to occurin open court and202in the judge’s presence: 203 a. For a written judgment of guilty, the fingerprints of 204 the defendant against whom such judgment is rendered mustshall205 be electronically or manually capturedtakenand affixed beneath 206 the judge’s signature on the judgment. If the fingerprints were 207 captured electronically, the certifying statement provided in s. 208 921.241(3)(b) must be used. If the fingerprints were captured 209 manually, the following certification must be appended beneath 210 such fingerprintsshall be appended a certificate to the211following effect: 212 213 “I hereby certify that the above and foregoing fingerprints 214 on this judgment are the fingerprints of the defendant, ...., 215 and that they were placed thereon by said defendant in my 216 presence,in open court,this the .... day of ...., 217 ...(year)....” 218 219 Such certification mustcertificate shallbe signed by the court 220 officer, the employee of the court, or the employee of a 221 criminal justice agency who captured the fingerprints.judge,222whose signature thereto shall be followed by the word “Judge.”223 b. For an electronic judgment of guilty, the fingerprints 224 of the defendant must be electronically captured and certifieda225certificate must be issuedas provided in s. 921.241(3)(b). 226 3. A written or an electronic judgment of guilty of a petit 227 theft, or a certified copy thereof, is admissible in evidence in 228 the courts of this state as provided in s. 921.241(4). 229 Section 10. Section 921.241, Florida Statutes, is amended 230 to read: 231 921.241 Felony judgments; fingerprints and social security 232 number required in record.— 233 (1) As used in this section, the term: 234 (a) “Electronic signature” has the same meaning as in s. 235 933.40. 236 (b) “Transaction control number” means the unique 237 identifier comprised of numbers, letters, or other symbols for a 238 digital fingerprint record generated by the device used to 239 electronically capture the fingerprints. 240 (2) A judgment of guilty or not guilty of a felony must 241shallbe in: 242 (a) A written record that is signed by the judge and 243 recorded by the clerk of the court; or 244 (b) An electronic record that contains the judge’s 245 electronic signature and is recorded by the clerk of the court. 246 (3) At the time a defendant is found guilty of a felony, 247 the judge shall cause the following to occurin open court and248in the judge’s presence: 249 (a) For a written judgment of guilty, the fingerprints of 250 the defendant mustshallbe electronically or manually captured 251takenand affixed beneath the judge’s signature on the judgment. 252 If the fingerprints were captured electronically, the certifying 253 statement provided in paragraph (b) must be used. If 254 fingerprints were captured manually, the following certification 255 must be appended beneath such fingerprintsshall be appended a256certificate to the following effect: 257 258 “I hereby certify that the above and foregoing fingerprints 259 on this judgment are the fingerprints of the defendant, ...., 260 and that they were placed thereon by said defendant in my 261 presence, in open court,this the .... day of ...., 262 ...(year)....” 263 264 Such certification mustcertificate shallbe signed by the court 265 officer, the employee of the court, or the employee of a 266 criminal justice agency who captured the fingerprints.judge,267whose signature thereto shall be followed by the word “Judge.”268 (b) For an electronic judgment of guilty, the fingerprints 269 of the defendant shall be electronically captured, and the 270 following certification mustcertificate shallbe included in 271 the electronic judgment: 272 273 “I hereby certify that the digital fingerprint record 274 associated with Transaction Control Number .... contains the 275 fingerprints of the defendant, ...., which were electronically 276 captured from the defendant in my presence, in open court,this 277 the .... day of ...., ...(year)....” 278 279 The court officer, the employee of the court, or the employee of 280 a criminal justice agency who captured the fingerprintsjudge281 shall place his or her electronic signature, which shall be282followed by the word “Judge,”on the certificationcertificate. 283 (4) A written or electronic judgment of guilty, or a 284 certified copy thereof, isshall beadmissible in evidence in 285 the several courts of this state as prima facie evidence that 286 the:287(a)manual or digital fingerprints appearing thereon and 288 certifiedby the judgeas specified in this sectionaforesaid289 are the fingerprints of the defendant against whom the judgment 290 of guilty was rendered. 291(b)Digital fingerprint record associated with the292transaction control number specified in the judge’s certificate293contains the fingerprints of the defendant against whom the294judgment of guilty was rendered.295(5)At the time the defendant’s fingerprints are manually296taken or electronically captured, the judge shall also cause the297defendant’s social security number to be taken. The defendant’s298social security number shall be specified in each written or299electronic judgment of guilty of a felony, in open court, in the300presence of such judge, and at the time the judgment is301rendered. If the defendant is unable or unwilling to provide his302or her social security number, the reason for its absence shall303be specified in the written or electronic judgment.304 Section 11. Section 921.242, Florida Statutes, is amended 305 to read: 306 921.242 Subsequent offenses under chapter 796; method of 307 proof applicable.— 308 (1) A judgment of guilty with respect to any offense 309 governed bythe provisions ofchapter 796 mustshallbe in: 310 (a) A written record that is signed by the judge and 311 recorded by the clerk of the circuit court; or 312 (b) An electronic record that contains the judge’s 313 electronic signature as defined in s. 933.40 and is recorded by 314 the clerk of the circuit court. 315 (2) At the time a defendant is found guilty, the judge 316 shall cause the following to occurin open court and in the317judge’s presence: 318 (a) For a written judgment of guilty, the fingerprints of 319 the defendant against whom such judgment is rendered mustshall320 be electronically or manually capturedtakenand affixed beneath 321 the judge’s signature on the judgment. If the fingerprints were 322 captured electronically, the certifying statement provided in s. 323 921.241(3)(b) must be used. If the fingerprints were captured 324 manually, the following certification must be appended beneath 325 such fingerprintsshall be appended a certificate to the326following effect: 327 328 “I hereby certify that the above and foregoing fingerprints 329 are of the defendant, ...(name)..., and that they were placed 330 thereon by said defendant in my presence, in open court,this 331 the .... day of ...., ...(year)....” 332 333 Such certification mustcertificateshallbe signed by the court 334 officer, the employee of the court, or the employee of a 335 criminal justice agency who captured the fingerprints.judge,336whose signature thereto shall be followed by the word “Judge.” 337 (b) For an electronic judgment of guilty, the fingerprints 338 of the defendant must be electronically captured, anda339certificatemust be certifiedissuedas provided in s. 340 921.241(3)(b). 341 (3) A written or an electronic judgment of guilty, or a 342 certified copy thereof, isshall beadmissible in evidence in 343 the several courts of this state as provided in s. 921.241(4). 344 Section 12. This act shall take effect July 1, 2021.