F.S. 1985 CIRCUIT COURTS Ch.26 26.01 26.011 26.012 26.021 26.031 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 26.36 26.361 26.362 26.363 26.364 26.365 26.37 26.38 26.39 26.40 26.42 26.46 26.49 26.50 26.51 26.52 26.55 26.56 26.57 Number of judicial circuits. Census commission, judicial circuits. Jurisdiction of circuit court. Judicial circuits; judges. Judicial circuits; number of judges, salaries. Abatement of actions because of change of judge, etc. Availability of judge for hearings in chambers. Terms of circuit courts. First Judicial Circuit. Second Judicial Circuit. Third Judicial Circuit. Fourth Judicial Circuit. Fifth Judicial Circuit. Sixth Judicial Circuit. Seventh Judicial Circuit. Eighth Judicial Circuit. Ninth Judicial Circuit. Tenth Judicial Circuit. Eleventh Judicial Circuit. Twelfth Judicial Circuit. Thirteenth Judicial Circuit. Fourteenth Judicial Circuit. Fifteenth Judicial Circuit. Sixteenth Judicial Circuit. Seventeenth Judicial Circuit. Eighteenth Judicial Circuit. Nineteenth Judicial Circuit. Twentieth Judicial Circuit. Judge to attend first day of term. Judge to state reason for nonattendance. Penalty for nonattendance of judge. Adjournment of court upon nonattendance. Calling docket at end of term. Jurisdiction of resident judge after assignment. Executive officer of circuit court. Sheriff to purchase articles for court. Salaries of circuit judges; payment. Traveling expenses, circuit judges. Conference of Circuit Judges of Florida; duties and reports. Residual jurisdiction for abolished courts. Temporary designation of county court judge to preside over circuit court cases. CHAPTER 26 CIRCUIT COURTS cuit who shall obtain from the United States Census Bureau an outline of proper criteria other than by the actual counting of individuals, to be used by the commissioners for the purpose of determining the population of a circuit, and the commissioners shall proceed in accordance with the criteria to determine the number of inhabitants of such circuit. In making their determination the commissioners shall also, after public notice, hold a public hearing or hearings at such place or places in the circuit as they deem advisable to receive such further proof needed to assist them in determining the number of inhabitants. After the conclusion of their study and after the public hearings to be held, as aforesaid, the commissioners shall make proof to the Governor, first, of the establishment of criteria by the United States Census Bureau and second, their findings based thereon. They shall also forward to the Governor a certified transcript of the record taken at the public hearings to be held as aforesaid. (2) PROCLAMATION BY GOVERNOR.-The findings by any such commission or commissioners as to the number of inhabitants or the population of any judicial circuit when proclaimed by the Governor shall have the same force and effect in law as if according to a census taken pursuant to either federal or state law insofar as a census affects the number of circuit judges permitted by law but such determination shall not otherwise be effective for any purpose. (3) The commissioners shall not be paid any compensation but shall be reimbursed for traveling expenses as provided in s. 112.061. Hlatory.-ss. 1 3, ch. 31395, 1956; s. 19, ch. 63-400; s. 1, ch. 65-265; s. 7, ch. 79-164. 26.012 Jurisdiction of circuit court.- (1) Circuit courts shall have jurisdiction of appeals from county courts except appeals of county court orders or judgments declaring invalid a state statute or a provision of the State Constitution and except orders or judgments of a county court which are certified by the county court to the district court of appeal to be of great public importance and which are accepted by the district court of appeal for review. Circuit courts shall have jurisdiction of appeals from final administrative orders of local government code enforcement boards. (2) They shall have exclusive original jurisdiction: 26.01 Number of judicial circuits.-the state is divided into 20 judicial circuits, and the county or counties courts; (a) In all actions at law not cognizable by the county composing each of said circuits are as set forth in s. (b) Of proceedings relating to the settlement of the 26.021. estates of decedents and minors, the granting of letters Hlatory.-s. 1, ch. 5120, 1903; GS 1796; ss. 1, chs. 6197, 6198, 1911 ; RGS 3026; testamentary, guardianship, involuntary hospitalization, CGL 4769; ss. 1, SA, ch. 17085, 1935; s. 10, ch. 27991, 1953; ss. 2, 5, ch. 63-470; s. 1, ch. 67-195; ss. 2, 4, 5, ch. 69-220; s. 2, ch. 72-404. the determination of incompetency, and other jurisdiction usually pertaining to courts of probate; 26.011 Census commission, judicial circuits.- (c) In all cases in equity including all cases relating (1) APPOINTMENT OF COMMISSIONERS.-When it to juveniles except traffic offenses as provided in chapshall be deemed advisable by the Legislature that the ters 39 and 316; population of any judicial circuit be determined, it may (d) Of all felonies and of all misdemeanors arising from time to time provide for the appointment by the out of the same circumstances as a felony which is also Governor of three commissioners from such judicial cir- charged; 151
0 0 0 0 0 0 0 0 0 0 0 0 0 0 9................. o................ 9.. 0........ 0...... 14........ 25.............. 0............ 6 Ch.26 CIRCUIT COURTS F.S. 1985 (e) In all cases involving legality of any tax assessment or toll, except as provided in s. 72.011 ; (f) In actions of ejectment; and (g) In all actions involving the title and boundaries of real property. (3) The circuit court may issue injunctions. (4) The chief judge of a circuit may authorize a county court judge to order emergency hospitalizations pursuant to part I of chapter 394 and s. 744.31, in the absence from the county of the circuit judge; and the county court judge shall have the power to issue all temporary orders and temporary injunctions necessary or proper to the complete exercise of such jurisdiction. History.-s. 3, ch. 72-404; s. 1, ch. 74 209; s. 1, ch. 77 119; s. 1, ch. B0-399; s. 1, ch. 81-178; s. 22, ch. 81 259; s. 12, ch. 82-37; s. 2, ch. 84-303. cf.- s. 5, Art. V, State Cons!. 26.021 Judicial circuits; judges.- (1) The first circuit is composed of Escambia, Okaloosa, Santa Rosa, and Walton Counties. (2) The second circuit is composed of Leon, Gadsden, Jefferson, Wakulla, Liberty, and Franklin Counties. (3) The third circuit is composed of Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, and Taylor Counties. (4) The fourth circuit is composed of Clay, Duval, and Nassau Counties. (5) The fifth circuit is composed of Citrus, Hernando, Lake, Marion, and Sumter Counties. Two of the circuit judges authorized for the fifth circuit shall reside in either Citrus, Hernando, or Sumter County, and neither of such two judges shall reside in the same county. (6) The sixth circuit is composed of Pasco and Pinellas Counties. (7) The seventh circuit is composed of Flagler, Putnam, St. Johns, and Volusia Counties. One judge shall reside in Flagler County; two judges shall reside in Putnam County; two judges shall reside in St. Johns County; and three judges shall reside in Volusia County. There shall be no residency requirement for any other judges in the circuit. (8) The eighth circuit is composed of Alachua, Baker, Bradford, Gilchrist, Levy, and Union Counties. (9) The ninth circuit is composed of Orange and Osceola Counties. (10) The tenth circuit is composed of Hardee, Highlands, and Polk Counties. (11) The eleventh circuit is composed of Dade County. (12) The twelfth circuit is composed of Manatee, Sarasota, and DeSoto Counties. (13) The thirteenth circuit is composed of Hillsborough County. (14) The fourteenth circuit is composed of Bay, Calhoun, Gulf, Holmes, Jackson, and Washington Counties. (15) The fifteenth circuit is composed of Palm Beach County. (16) The sixteenth circuit is composed of Monroe County. One judge in the circuit shall reside in the middle or upper Keys. There shall be no residency requirement for any other judge in the circuit. (17) The seventeenth circuit is composed of Broward County. 152 (18) The eighteenth circuit is composed of Brevard and Seminole Counties. (19) The nineteenth circuit is composed of Indian River, Martin, Okeechobee, and St. Lucie Counties. (20) The twentieth circuit is composed of Charlotte, Collier, Glades, Hendry, and Lee Counties. Hlatory.-s. 4, ch. 72-404; s. 1, ch. B0-164; s. 1, ch. 81-220; s. 1, ch. 82 238. Note.-Former ss. 26.02, 26.03, 26.04, 26.05, 26.06, 26.07, 26.08 26.16, and 26.161 26.165. 26.031 Judicial circuits; number of judges, salaries.-the number of circuit judges in each circuit shall 0 be as follows: JUDICIAL CIRCUIT TOTAL (1) First................... o.. 15 (2) Second. 0 (3) (4) Third o o o o o o o ooo oo oo.4 Fourth.............. 0....... 25 (5) Fifth... o........ o................... o... o... 11 (6) Sixth..... o......... o..... o..... o.. o............. o... 30 (7) Seventh..................................... o..... 14 (8) Eighth................. 0 (9) Ninth.. o o o - o o oo.. o..... o20 (10) Tenth... 0 (11) Eleventh...................................... 59 (12) (13) Twelfth ooo oo oo o o o o o- o o oo oo 11 Thirteenth................. 0 (14) Fourteenth......... 0 (15) Fifteenth....................................... 23 (16) (17) Sixteenth. oo o o o o o o o o o o4 Seventeenth...... o.................. o..... o.. 42 (18) Eighteenth........ o.. o........ o............... 14 (19) Nineteenth.................................. 9 (20) Twentieth.......................... 12 Hlatory.-ss. 1, 3, ch. 72-402; s. 1, ch. 73-329; s. 1, ch. 75-124; s. 1, ch. 76-175; s. 1, ch. 77 368; s. 1, ch. 78 168; s. 5, ch. 79-413; s. 2, ch. 80 164; s. 1, ch. 80 385; s. 2, ch. 81 220; ss. 2, 7, ch. 82 238; s. 6, ch. 84 303; s. 1, ch. 85-218. 26.19 Abatement of actions because of change of judge, etc.-no civil or criminal cases, suits in equity, actions at law, statutory or otherwise; and no writs, process, pleading, motion, information, presentment, indictment or other proceedings, order, finding, decree, judgment or sentence, shall abate, be quashed, set aside, reversed, qualified, dismissed, defeated, or held to be in error because of the changes in any circuit or circuits, or judge or judges, state attorneys, or other prosecuting officers. Hletory.-s. 5, ch. 17085, 1935; CGL 1936 Supp. 4738(5). 26.20 Availability of judge for hearings in chambers.-ln circuits having more than one circuit judge, at least one of said judges shall be available as nearly as possible at all times to hold and conduct hearings in chambers. Hlatory.-s. 4, ch. 17085, 1935; CGL 1936 Supp. 4738(4). 26.21 Terms of circuit courts.-at least two regular terms of the circuit court shall be held in each county each year, as hereinafter provided, also such special term or terms that may be necessary from time to time. Regular and special terms of court may be held and be in session, in the same or different counties of any circuit, simultaneously; provided, that separate minutes of each term, whether regular or special, shall be kept by
F.S. 1985 CIRCUIT COURTS Ch.26 the clerk. The time for holding the terms of the circuit court in the several judicial circuits shall be as set forth in ss. 26.22-26.365. Hlatory.-s. 1, ch. 1561, 1866: AS 1373: s. 1, ch. 5121, 1903: GS 1805, 1813: s. 1, ch. 6173, 1911 : RGS 3041, 3056: CGL 4808, 4837: ss. 4, 4A, ch. 17085, 1935: s. 7, ch. 69 220. 26.22 First Judicial Circuit. SPRING TERMS. Escambia County, second Monday in June. Okaloosa County, last Monday in April. Santa Rosa County, second Monday after the second Monday in May. Walton County, second Monday in May. FALL TERMS. Escambia County, second Monday in October. Okaloosa County, last Monday in August. Santa Rosa County, second Monday after the second Monday in September. Walton County, second Monday in September. WINTER TERMS. Escambia County, second Monday in February. Okaloosa County, second Monday in December. Santa Rosa County, second Monday after the second Monday in January. Walton County, second Monday in January. Hlatory.-RS 1366: s. 1, ch. 5121,1903: GS 1805: s. 2, ch. 6173, 1911: s. 2, ch. 6937, 1915: s. 1, ch. 7400, 1917: RGS 3042: s. 1, ch. 8522, 1921: ss. 1, chs. 9342, 9364'/2. 1923: s. 1, ch. 10078, 1925: CGL 4809. 26.23 Second Judicial Circuit- SPRING TERMS. Wakulla County, first Monday in March. Franklin County, third Monday in March. Gadsden County, first Monday in April. Jefferson County, fourth Monday in April. Liberty County, second Monday in May. Leon County, first Monday in June. FALL TERMS. Wakulla County, second Monday in September. Franklin County, fourth Monday in September. Gadsden County, second Monday in October. Jefferson County, first Monday in November. Liberty County, third Monday in November. Leon County, first Monday in December. Hlstory.-RS 1367: s. 2, ch. 5121, 1903: GS 1806: s. 3, ch. 6173, 1911 : s. 1, ch. 6459, 1913: s. 1, ch. 7848, 1919; RGS 3043; s. 1, ch. 8484, 1921; s. 1, ch. 9185, 1923: s. 1, ch. 11885, 1927; CGL 4810; s. 1, ch. 14695, 1931; s. 1, ch. 20230, 1941: s. 7, ch. 22858, 1945: s. 1, ch. 26988, 1951. 26.24 Third Judicial Circuit. SPRING TERMS. Lafayette County, second Monday in January. Dixie County, fourth Monday in January. Hamilton County, second Monday in February. Taylor County, first Monday in March. Madison County, fourth Monday in March. Suwannee County, third Monday in April. 153 Columbia County, second Monday in May. FALL TERMS. Lafayette County, third Monday in July. Dixie County, first Monday in August. Hamilton County, third Monday in August. Taylor County, second Monday in September. Madison County, first Monday in October. Suwannee County, fourth Monday in October. Columbia County, third Monday in November. Hlatory.-RS 1366; s. 3, ch. 5121, 1903; GS 1807: s. 4, ch. 6173, 1911 ; s. 1, ch. 7844, 1919; RGS 3044; s. 22, ch. 8514, 1921 : CGL 4811: s. 1, ch. 13582, 1929; s. 1, ch. 15912, 1933: s. 1, ch. 29631, 1955. 26.25 Fourth Judicial Circuit.- SPRING TERMS. Clay County, first Monday in April. Duval County, first Monday in May. Nassau County, third Monday in April. FALL TERMS. Clay County, first Monday in October. Duval County, first Monday in November. Nassau County, third Monday in October. Hlatory.-RS 1369; s. 4, ch. 5121, 1903; GS 1808; s. 5, ch. 6173, 1911 ; ss. 1-4, ch. 7348, 1917; RGS 3045: s. 1, ch. 9282, 1923; s. 4, ch. 12437, 1927; CGL 4812; ss. 1, 2, ch. 26326, 1949. 26.26 Fifth Judicial Circuit. SPRING TERMS. Sumter County, second Tuesday in January. Citrus County, first Tuesday in February. Hernando County, first Tuesday in March. Marion County, first Tuesday in April. Lake County, first Tuesday in May. FALL TERMS. Sumter County, second Tuesday in July. Citrus County, first Tuesday in August. Hernando County, first Tuesday in September. Marion County, first Tuesday in October. Lake County, first Tuesday in October. Hlatory.-RS 1370: s. 5, ch. 5121, 1903; GS 1809: s. 6, ch. 6173, 1911 ; ss. 3, 4, ch. 7847, 1919; RGS 3046: s. 1, ch. 8485, 1921 ; ss. 3, 4, ch. 9164, 1923: s. 1, ch. 10077, 1925: ss. 1, chs. 11879, 12435, ss. 1 3, ch. 12436, 1927; CGL 4813, 4824, 4832; ss. 1, 2. ch. 17765, 1937; s. 1, ch. 19059,1939: s. 1, ch. 29632, 1955: s.1, ch. 57-814. 26.27 Sixth Judicial Circuit. SPRING TERMS. Pasco County, first Tuesday in April. Pinellas County, first Monday in May. FALL TERMS. Pasco County, first Tuesday in October. Pinellas County, first Monday in December. Hlatory.-s. 6, ch. 5121, 1903: GS 1810; s. 7, ch. 6173, 1911 ; s. 1, ch. 6975, 1915; RGS 3047: ss. 1, chs. 9162, 9277, 1923; CGL 4814. 26.28 Seventh Judicial Circuit. SPRING TERMS.
Ch.26 CIRCUIT COURTS F.S. 1985 Flagler County, third Monday in May. Putnam County, second Monday in March. St. Johns County, second Monday in May. Volusia County, second Monday in April. FALL TERMS. Flagler County, second Monday in December. Putnam County, second Monday in October. St. Johns County, second Monday in November. Volusia County, third Monday in October. Hlatory.-RS 1372; s. 7, ch. 5121, 1903; GS 1811 ; s. 8, ch. 6173, 1911 ; ss. 1-3, ch. 6462, s. 19, ch. 6511, 1913; s. 2, ch. 6901, 1915; ss. 2, 3, ch. 7348, s. 2, ch. 7351, 1917; s. 1, ch. 7646, s. 2, ch. 7847, 1919; RGS 3045, 3048, 3049; s. 2, ch. 8486, s. 1, ch. 8487, 1921 ; ss. 1, chs. 9282,9343, 1923; s. 2, ch. 10080, 1925; s. 1, ch. 12434, ss. 2, 4, ch. 12437, s. 1, ch. 12438, 1927; CGL 4815, 4833; s. 1, ch. 15913, 1933; s. 1, ch. 17766, 1937; s. 1, ch. 75-163. 26.29 Eighth Judicial Circuit.- SPRING TERMS. Alachua County, second Monday in April. Baker County, second Monday in January. Bradford County, second Monday in May. Gilchrist County, first Monday in March. Levy County, second Monday in March. Union County, fourth Monday in May. FALL TERMS. Alachua County, second Monday in October. Baker County, second Monday in July. Bradford County, second Monday in November. Gilchrist County, first Tuesday after the first Monday in September. Levy County, second Monday in September. Union County, fourth Monday in November. Hletory.-s. 8, ch. 5121, 1903; GS 1812; s. 9, ch. 6173, 1911; ss. 1 3, ch. 6462, 1913; ss. 1, 2, ch. 6901, 1915; s. 1, ch. 7848, ss. 1, 2, ch. 7945, 1919; RGS 3049; s. 2, ch. 8486, s. 25, ch. 8516, 1921 ; s. 1, ch. 9343, 1923; ss. 1, 2, ch. 10080, s. 18, ch. 11371, 1925; ss. 1,2,ch.12014,ss.1-3,ch.12438,s.1,ch. 12439, 1927;CGL4816, 4834; s. 1, ch. 14497, 1929; s. 1, ch. 14699, 1931 ; ss. 1 3, ch. 15914, 1933; ss. 1, 2, ch. 16849, 1935; ss. 1, 2, ch. 1n67, 1937; s. 2, ch. 269n, 1951 ; s. 1, ch. 57-45. 26.30 Ninth Judicial Circuit.-Two regular terms of the circuit court in the Ninth Judicial Circuit shall be held in each of said counties to be known as the spring and fall terms. The terms of court for the Ninth Judicial Circuit shall begin on the following dates: SPRING TERMS. Orange County, first Monday in April. Osceola County, third Monday in March. FALL TERMS. Orange County, third Monday in October. Osceola County, third Monday in September. Hlatory.-s. 10, ch. 6173, 1911 ; s. 19, ch. 6511, 1913; ss. 2, 4, ch. 7351, 1917; ss. 2, 4, ch. 7847, 1919; RGS 3048, 3055; ss. 1, chs. 8485, 8487, 1921 ; s. 2, ch. 9164, 1923; ss. 2, 3, ch. 10079, ss. 1, 2, ch. 10089, s. 22, ch. 10148, s. 22, ch. 10180, 1925; ss. 1, 2, ch. 11880, s. 1, ch. 11883, s. 1, ch. 11884, s. 1, ch. 12432, s. 3, ch. 12434, 1927; CGL 4825, 4829, 4831 ; s. 1, ch. 17768, 1937; s. 1, ch. 19080, 1939; s. 1, ch. 22056, 1943; s. 1, ch. 24165, 1947; s. 11, ch. 25035, s. 1, ch. 25439, 1949; s. 1, ch. 57-59; s. 4, ch. 67-195. 26.31 Tenth Judicial Circuit SPRING TERMS. 154 Hardee County, first Tuesday after the second Monday in February. Highlands County, first Tuesday after the first Monday in April. Polk County, first Tuesday after the second Monday in March. FALL TERMS. Hardee County, first Tuesday after the second Monday in September. Highlands County, first Tuesday after the first Monday in November. Polk County, first Tuesday after the second Monday in October. Hlatory.-s. 11, ch. 6173, 1911; s. 1, ch. 6902, 1915; s. 2, ch. 7349, 1917; s. 1, ch. 7945, 1919; RGS 3051 ; ss. 1-3, ch. 8476, 1921 ; s. 3, ch. 10082, 1925; CGL4818, 4827; ss. 1-3, ch. 17769, 1937. 26.32 Eleventh Judicial Circuit SPRING TERM. Dade County, second Tuesday in May. FALL TERM. Dade County, second Tuesday in November. Hlatory.-s. 12, ch. 6173, 1911 ; s. 1, ch. 6461, 1913; s. 3, ch. 7351, 1917; RGS 3052; s. 4, ch. 10084, 1925; CGL 4819, 4828; s. 1, ch. 26517, s. 3, ch. 26952, 1951. 26.33 Twelfth Judicial Circuit.-The terms of court for the Twelfth Judicial Circuit shall begin on the following dates: SPRING TERMS. DeSoto County, second Monday in January. Manatee County, second Monday in January. Sarasota County, third Monday in January. FALL TERMS. DeSoto County, second Monday in June. Manatee County, second Monday in June. Sarasota County, third Monday in June. Hlatory.-s. 11, ch. 6173, 1911 ; ss. 1, chs. 6902, 6975, 1915; s. 2, ch. 7349, 1917; s. 3, ch. 7845, 1919; RGS 3047, 3051 ; ss. 1-3, ch. 8476, RGS 3047, 3051 ; ss. 2, 20, ch. 8515, 1921; s. 3, ch. 9162, s. 1, ch. 9277, s. 22, ch. 9360, s. 22, ch. 9362, 1923; ss. 1, 3, ch. 10082, 1925; ss. 1, 3, ch. 12440, 1927; CGL 4820,4826,4827, 4835; ss. 1, 2, ch. 17770, 1937; s. 1, ch. 21817, 1943; s. 1, ch. 61-211 ; s. 6, ch. 69-220. 26.34 Thirteenth Judicial Circuit SPRING TERM. Hillsborough County, first Tuesday in April. FALL TERM. Hillsborough County, first Tuesday in October. Hlatory.-s. 7, ch. 6173, 1911 ; s. 3, ch. 6975, 1915; RGS 3053; CGL 4821 ; s. 1, ch. 16850, 1935. 26.35 Fourteenth Judicial Circuit- SPRING TERMS. Bay County, fourth Monday in February. Calhoun County, fourth Monday in April. Gulf County, second Monday in February. Holmes County, second Monday in April.
F.S. 1985 CIRCUIT COURTS Ch. 26 Jackson County, second Monday in May. Washington County, fourth Monday in March. FALL TERMS. Bay County, fourth Monday in August. Calhoun County, fourth Monday in September. Gulf County, second Monday in August. Holmes County, second Monday in October. Jackson County, second Monday in November. Washington County, fourth Monday in October. Hlatory.-ss. 3, 4, ch. 6976, 1915; ss. 1, 2, ch. 7350, 1917; ss. 1, 4, ch. 7847, ss. 1, 2, ch. 7946, 1919; RGS 3050, 3054; s. 2, ch. 10076, s. 22, ch. 10132, 1925; ss. 3, 4, ch. 12441, 1927; CGL 4817, 4822, 4836; ss. 1, 2, ch. 17771, 1937; s. 1, ch. 21901, 1943. 26.36 Fifteenth Judicial Circuit.-The terms of court for the Fifteenth Judicial Circuit shall be as follows: SPRING TERM. Palm Beach County, first Monday in June. FALL TERM. Palm Beach County, first Monday in October. WINTER TERM. Palm Beach County, first Monday in February. Hlatory.-s. 3, ch. 7351, 1917; RGS 3055; s. 1, ch. 10079, 1925; s. 1, ch. 11882, ss. 1-3, ch. 12433, 1927; CGL 4823, 4830; s. 1, ch. 25426, 1949; ss. 1, chs. 57-138, 57-1994; s. 1, ch. 63-435, s. 3, ch. 63-470. 26.361 Sixteenth Judicial Circuit. SPRING TERM. Monroe County, third Monday in April. FALL TERM. Monroe County, third Monday in October. Hlatory.-s. 4, ch. 26952, 1951. 26.362 Seventeenth Judicial Circuit.-The terms of court for the Seventeenth Judicial Circuit shall be as follows: SPRING TERM. Broward County, second Tuesday in March. FALL TERM. Broward County, second Tuesday in October. Hlatory.-s. 4, ch. 63-470. 26.363 Eighteenth Judicial Circuit.-The regular spring and fall terms of the circuit court of the Eighteenth Judicial Circuit of the state shall be held semiannually at the times hereinafter specified, to wit: SPRING TERMS. Brevard County, fourth Monday in March. Seminole County, third Monday in April. FALL TERMS. Brevard County, second Monday in October. Seminole County, first Monday in November. Hlatory.-s. 5, ch. 67-195; s. 2, ch. 80-399. 155 26.364 Nineteenth Judicial Circuit.-The regular spring and fall terms of the circuit court of the Nineteenth Judicial Circuit of the state shall be held semiannually at the times hereinafter specified, to wit: SPRING TERMS. Okeechobee County, second Tuesday in April. St. Lucie County, second Tuesday in February. Martin County, second Tuesday in June. Indian River County, second Tuesday in March. FALL TERMS. Okeechobee County, second Tuesday in November. St. Lucie County, second Tuesday in September. Martin County, second Tuesday in January. Indian River County, second Tuesday in October. Hlatory.- s. 7, ch. 67 195. 26.365 Twentieth Judicial Circuit.-The terms of court for the Twentieth Judicial Circuit shall be as follows: SPRING TERMS. Charlotte County, third Monday in January. Collier County, second Monday in January. Glades County, fourth Monday in January. Hendry County, third Monday in January. Lee County, second Monday in January. FALL TERMS. Charlotte County, third Monday in June. Collier County, second Monday in June. Glades County, fourth Monday in June. Hendry County, third Monday in June. Lee County, second Monday in June. Hlatory.-s. 7, ch. 69-220. 26.37 Judge to attend first day of term.-each judge of a circuit court is required, unless prevented by sickness or other providential causes, to attend on the first day of each term of the circuit court required by law to be held, and upon failure to do so, shall be subject to a deduction of $100 from his salary for each and every such default. Hlatory.-s. 1, ch. 252, 1849; RS 1377; GS 1817; RGS 3062; CGL 4843. 26.38 Judge to state reason for nonattendance. Whenever any judge as aforesaid shall make default as aforesaid in consequence of sickness or providential interposition, it shall be the duty of such judge to state the reasons of such failure, in writing, over his official signature, to be handed to the clerk of the court, who shall enter the same at length on the records of the court. Hlatory.-s. 2, ch. 252, 1849; RS 1378; GS 1818; RGS 3063; CGL 4844. 26.39 Penalty for nonattendance of judge.-whenever such default shall occur, the clerk of the court (unless such judge shall file his reasons for such default as hereinbefore provided) shall certify the fact, under his official signature and seal, to the Comptroller of the state, who shall deduct from the warrants on the Treasurer, thereafter to be issued in favor of the judge making such default, the sum of $100 as aforesaid for every such de-
Ch.26 CIRCUIT COURTS F.S. 1985 fault. History.-s. 3, ch. 252, 1849; AS 1379; GS 1819; AGS 3064; CGL 4845. 26.40 Adjournment of court upon nonattendance. -Whenever any judge shall not attend on the first day of any term, the court shall stand adjourned until 12 o'clock on the second day; and if said judge shall not then attend, the clerk at that time shall continue all causes, and adjourn the court to such time as the judge may appoint, or to the next regular term, by law estab lished. History.-s. 3, Nov. 23, 1828; AS 1380; GS 1820; AGS 3065; CGL 4846. 26.42 Calling docket at end of term.-the judge, at each term of the court, after other business of the term shall have been disposed of, shall call over all the causes standing upon the dockets, and make such or ders and entries therein as shall be found necessary in relation thereto. History.-s. 19, Nov. 23, 1828; AS 1343; GS 1778; AGS 3002; CGL 4736. 26.46 Jurisdiction of resident judge after assignment-when a circuit judge is assigned to another circuit, none of the circuit judges in such other circuit shall, because of such assignment, be deprived of or affected in his jurisdiction other than to the extent essential so as not to conflict with the authority of the temporarily assigned circuit judge as to the particular case or cases or class of cases, or in presiding at the particular term or part of term named or specified in the assignment. History.-s. 2, ch. 6900, 1915; AGS 3061 ; CGL 4842. 26.49 Executive officer of circuit court.-the sheriff of the county shall be the executive officer of the circuit court of the county. History.-s. 14, ch. 4, 1845; AS 1396; GS 1841 ; AGS 3086; CGL 4869. 26.50 Sheriff to purchase articles for court.-the judge of the circuit court, at each term thereof, shall make a written requisition upon the sheriff attending upon said court for such stationery or other articles as he may deem necessary for the use of the court, and the sheriff shall procure the same, and in no other way shall the sheriff or other officer of the court be authorized to purchase articles at the expense of the state; the said requisition shall be a sufficient voucher to sustain t~e claim of any person furnishing articles as aforesaid against the state. History.-s. 3, ch. 219, 1849; AS 1398; GS 1843; AGS 3088; CGL 4871. 26.51 Salaries of circuit judges; payment.--the salaries of circuit judges to be paid by the state shall be paid in equal monthly installments. History.-s. 1, ch. 6912, 1915; AGS 3003; s. 1, ch. 8480, 1921; s. 1, ch. 11335, 1925; s. 1, ch. 11888, 1927; CGL 4737; s. 1, ch. 15720, 1931 ; s. 1, ch. 15859, 1933; ss. 1, 2, ch. 21760, 1943; ss. 1, 2, ch. 22546, 1945; s. 2, ch. 26818, 1951 ; s. 7, ch. 29615, 1955; s. 2, ch. 69 353; s. 13, ch. 77-104. 26.52 Traveling expenses, circuit judges.-each circuit judge shall be reimbursed for traveling expenses as provided in s. 112.061. History.-s. 4, ch. 6912, 1915; AGS 3004; s. 2. ch. 8480, 1921 ; CGL 4738, s. 19, ch. 63-400. 26.55 Conference of Circuit Judges of Florida; duties and reports.- (1) There is created and established the Conferen~e of Circuit Judges of Florida. The conference shall cons 1st of the active and retired circuit judges of the several judicial circuits of the state. (2) The conference shall annually elect a chairman, whose duty it shall be to call all meetings and to appoint committees to effectuate the purposes of the conference. It is declared to be an official function of each circuit judge to attend the meetings of the conference. It is also an official function of each circuit judge to participate in the activity of each committee to the membership of which such judge is appointed. (3)(a) It is declared to be the responsibility of the conference to: 1. Consider and make recommendations concerning the betterment of the judicial system of the state and its various parts; 2. Consider and make recommendations concerning the improvement of rules and methods of procedure and practice in the several courts; and 3. Report to the Supreme Court such findings and recommendations as the conference may have with reference thereto. (b) Not less than 60 days before the convening of the regular session of the Legislature, the chairman of the conference shall report to the President of the Sen ate and the Speaker of the House such recommendations as the conference may have concerning defects in the laws of this state and such amendments or additional legislation as the conference may deem necessary. Hlstory.-s. 1, ch. 59-273; s. 1, ch. 72-49; s. 1, ch. 73 299; s. 2, ch. 84 254. 156 26.56 Residual jurisdiction for abolished courts. (1) If any court is abolished and a proceeding had in it is not transferred to another court, the circuit court for the county where the court formerly existed shall have jurisdiction over any further proceedings in the same manner as though the proceeding had been originally pending in the circuit court. (2) Additional proceedings in the circuit court shall be commenced by filing the appropriate motion, pleading, or paper that would have been filed in the abolished court. The circuit court may require the custodian of the records of the abolished court to make the records of any proceedings available to the circuit court. The clerk of the circuit court shall charge no additional filing fee for proceedings under this section. (3) This section shall apply to all courts that have heretofore been abolished and to all courts that may hereafter be abolished under the circumstances prescribed in this section. Hlllory.-s. 1, ch. 71-7. 26.57 Temporary designation of county court judge to preside over circuit court cases.-ln each county where there is no resident circuit judge and the county court judge has been a member of the bar for at least 5 years and is qualified to be a circuit judge, the county court judge may be designated on a temporary basis to preside over circuit court cases by the Chief Justice of the Supreme Court upon recommendation of the chief judge of the circuit, and the judge so designated shall receive the same salary as a duly elected c1rcu1t JUdge for the time periods that the county judge is actually pre-
F.S. 1985 CIRCUIT COURTS Ch.26 siding over circuit court cases. He may be assigned to exercise all county and circuit court jurisdiction in the county, except appeals from the county court. In addition, he may be required to perform the duties of circuit judge in other counties of the circuit as his time may permit and as the need arises, as determined by the chief judge of the circuit. Hlatory.-s. 1, ch. 74-217. 157
Ch. 27 STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES F.S. 1985 CHAPTER 27 STATE ATIORNEYS; PUBLIC DEFENDERS; RELATED OFFICES PART I STATE ATIORNEYS (ss. 27.01-27.37) PART II PUBLIC DEFENDERS (ss. 27.50 27.59) PART Ill CAPITAL COLLATERAL REPRESENTATIVE (ss. 27.7001 27.708) 27.01 27.015 27.02 27.03 27.04 27.05 27.06 27.08 27.10 27.11 27.12 27.13 27.14 27.15 27.151 27.16 27.18 27.181 27.25 27.251 27.255 27.271 27.33 27.34 27.345 27.3455 27.35 27.36 27.37 PART I STATE A TIORNEYS State attorneys; number, election, terms. Private practice prohibited. Duties before court. Duties before grand jury. Summoning and examining witnesses for state. Assisting Attorney General. Habeas corpus and preliminary trials. State claims; surrender of papers to succes sor. Obligation as to claims; how discharged. Report upon claims committed to state attor ney. Power to compromise. Completion of compromise. Assigning state attorneys to other circuits. State attorneys to assist in other circuits. Confidentiality; report to Legislature. Appointment of acting state attorney. Assistant to state attorney. Assistant state attorneys; appointment, term; powers and duties; compensation. State attorney authorized to employ person nel ; funding formula. Special organized crime investigators. Investigators; authority to arrest, qualifica tions, rights, immunities, bond, and oath. Per diem and mileage for state attorneys and assistant state attorneys. Submission of annual budget. Salaries and other related costs of state attor neys' offices; limitations. Reimbursement of expenses in RICO forfeit ure actions. Additional court costs; collection, use, and distribution of funds. Salaries of state attorneys. Office of Prosecution Coordination. Council on Organized Crime. 27.01 State attorneys; number, election, terms. There shall be a state attorney for each of the judicial cir cuits, who shall be elected at the general election by the qualified electors of their respective judicial circuits as other state officials are elected, and who shall serve for a term of 4 years. Hlatory.-s. 1, ch. 5120, 1903; GS 1796; ss. 1, chs. 6197, 6198, 1911 ; RGS 3026; CGL 4769; ss. 1, 5 A, ch. 17085, 1935; s. 1, ch. 26761, 1951. 158 27.015 Private practice prohibited.-aii state attor neys elected to said office after November 1, 1970, shall be so elected on a full time basis and shall be prohibited from the private practice of law while holding said office. Hletory.-s. 1, ch. 70.79. 27.02 Duties before court.-the state attorney shall appear in the circuit and county courts within his judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions, civil or criminal, in which the state is a party, except as provided in chapters 39 and 959. The intake procedures of chapters 39 and 959 shall apply as provided in those chapters. Hletory.-s. 3, ch. 1661, 1668; RS 1344; GS 1779; RGS 3005; CGL 4739; s. 5, ch. 72404. 27.03 Duties before grand jury.-whenever re quired by the grand jury, the state attorney shall attend them for the purpose of examining witnesses in their presence, or of giving legal advice in any matter before them; and he shall prepare bills of indictment. Hletory.-s. 4, ch. 1661, 1668; RS 1345; GS 1780; RGS 3006; CGL 4740. cf.-ss. 905.16, 905.185,905.19, 905.22 Duties before grand jury. 27.04 Summoning and examining witnesses for state.-the state attorney shall have summoned all wit nesses required on behalf of the state; and he is allowed the process of his court to summon witnesses from throughout the state to appear before him in or out of term time at such convenient places in the state attor ney's judicial circuit and at such convenient times as may be designated in the summons, to testify before him as to any violation of the criminal law upon which they may be interrogated, and he is empowered to ad minister oaths to all witnesses summoned to testify by the process of his court or who may voluntarily appear before him to testify as to any violation or violations of the criminal law. Hletory.-s. 2, ch. 2094, 1877; RS 1346; GS 1781; s. 10, ch. 7838, 1919; RGS 3007; CGL 4741; s. 1, ch. 22634, 1945; s. 1, ch. 57 290. 27.05 Assisting Attorney General.-ln addition to the duties now imposed upon the several state attor neys of this state, by statute, they shall assist the Attor ney General in the preparation and presentation of all appeals to the Supreme Court, from the circuit court of their respective circuits, of all cases, civil or criminal, in which the state is a party. Hletory.-s. 1, ch. 5399, 1905; RGS 3008; CGL 4742. 27.06 Habeas corpus and preliminary trials.-the several state attorneys of this state shall represent the state in all cases of habeas corpus arising in their re spective circuits, and shall also represent the state, ei ther in person or by assistant, in cases of preliminary tri
F.S. 1985 STATE ATIORNEYS; PUBLIC DEFENDERS; RELATED OFFICES Ch. 27 als of persons charged with capital offenses in all cases where the committing magistrate shall have given due and timely notice of the time and place of such trial. Notice of the application for the writ of habeas corpus shall be given to the prosecuting officer of the court wherein the statute under attack is being applied, the criminal law proceeding is being maintained, or the conviction has occurred. Hlatory.-s. 3. ch. 5399. 1905; RGS 3010; CGL 4746; s. 4, ch. 2'3737, 1955; s. 4, ch. 73 334. 27.08 State claims; surrender of papers to successor.-upon the qualification of the successor of any state attorney, the state attorney going out of office shall deliver to his successor a statement of all cases for the collection of money in favor of the state under his control and the papers connected with the same, and take his receipt for the same, which receipt, when filed with the Department of Banking and Finance, shall release such state attorney from any further liability to the state upon the claims receipted for; and the state attorney receiving the claims shall be liable in all respects for the same, as provided against state attorneys in s. 17.20. Hlatory.-s. 4, ch. 1413, 1863; AS 1353; GS 1782; RGS 3018; CGL 4754; s. 11, ch. 25035, 1949; ss. 12, 35, ch. 69-106. 27.10 Obligation as to claims; how discharged. The charges mentioned ins. 17.20, shall be evidence of indebtedness on the part of any state attorney against whom any charge is made for the full amount of such claim to the state until the same shall be collected and paid into the treasury or sued to insolvency, which fact of insolvency shall be certified by the circuit judge of his circuit, unless said state attorney shall make it fully appear to the Department of Banking and Finance that the failure to collect the same did not result from his neglect. Hlatory.-s. 2, ch. 1413, 1863; AS 1348; GS 1783; RGS 3013; CGL 4749; s. 11, ch. 25035, 1949; ss. 12, 35, ch. 69-106. 27.11 Report upon claims committed to state attorney.-the state attorney shall make a report to the Comptroller on the first Monday in January and July in each and every year of the condition of all claims placed in his hands or which he may have been required to prosecute and collect, whether the same is in suit or in judgment, or collected, and the probable solvency or insolvency of claims not collected, and shall at the same time pay over all moneys which he may have collected belonging to the state; and the Comptroller shall not audit or allow any claim which any state attorney may have against the state for services until he makes the report herein required. Hlatory.-s. 3. ch. 1413, 1863; AS 1349; GS 1784; RGS 3014; CGL 4750. cf.-s. 17.21 State attorney's report necessary prior to compensation. 27.12 Power to compromise.- (1) The state attorney may, with the approval of the Department of Banking and Finance, compromise and settle all judgments, claims and demands in favor of the state in his circuit against defaulting collectors of revenue, sheriffs and other officers, and the sureties on their bonds, on such terms as he may deem equitable and proper. (2) Any such compromise or settlement may be made with any of the sureties of such defaulting officer as to his individual liability, and a receipt to such surety 159 shall be a discharge of his obligation; but the discharge of one or more of the sureties so compromised and settled with shall not operate as a discharge of the principal or other sureties from the judgment, claim or demand in favor of the state. Hlatory.-s. 1, ch. 3236, 1881 ; AS 1351; GS 1786; RGS 3016; CGL 4752; ss. 12, 35, ch. 69-106. 27.13 Completion of compromise.-the state attorney shall, on agreeing to any compromise or settlement, report the same to the Department of Banking and Finance for its approval; and, on its approving such compromise or settlement, the said state attorney, on a compliance with the terms of such compromise or settlement shall give a receipt to the collector of revenue, sheriff or other officer, or the sureties on their bonds, or to the legal representatives, which receipt shall be a discharge from all judgments, claims or demands of the state against such collector of revenue or other officer, or the sureties on their bonds. Hlatory.-s. 2, ch. 3236, 1881 ; AS 1352; GS 1787; RGS 3017; CGL 4753; ss. 12, 35, ch. 69-106. 127.14 Assigning state attorneys to other circuits.- (1) If any state attorney shall be disqualified to represent the state in any investigation, case, or matter pending in the courts of his circuit or if, for any other good and sufficient reason, the Governor of the state determines that the ends of justice would be best served, the Governor may, by executive order filed with the Department of State, either order an exchange of circuits or of courts between such state attorney and any other state attorney of the state or order an assignment of any state attorney of the state to discharge the duties of the state attorney with respect to one or more specified investigations, cases, or matters, which investigations, cases, or matters shall be specified in general in the executive order of the Governor. Any exchange or assignment of any state attorney hereunder to a particular circuit shall expire 6 months from the date of issuance, unless approved by order of the Supreme Court upon application of the Governor showing good and sufficient cause to extend such exchange or assignment. (2) Whenever a state attorney is exchanged or assigned, he may designate one or more of his assistant state attorneys and state attorney investigators to perform the duties assigned under the executive order. Hlatory.-s. 2, ch. 5399, 1905; RGS 3009; CGL 4743; s. 1, ch. 69 1736; s. 4, ch. 73-334; s. 1, ch. 74-27; s. 1, ch. 75-193; s. 1, ch. 83-111 ; s. 2, ch. 85-179. Note.-Section 2, ch. 85-179, created a new subsection (2) effective on the effec tive date of the amendment to the State Constitution proposed by House Joint Resolution No. 386 or any similar joint resolution providing that the Attorney General shall have concurrent jurisdiction with state attorneys for the prosecution of criminal of lenses." If ch. 85-179 takes effect, this subsection will read: (2) If the statewide prosecutor in charge of the Office of Statewide Prosecution determines that he is not qualified to represent the state in any investigation, case, or matter pending in the courts of the state or if a court of competent jurisdiction disqualifies him from representing the state, the Governor may, by execut1ve order filed with the Department of State, order an assignment of any state attorney to dis charge the duties of such prosecutor with respect to one or more spec1f1ed 1nvest1ga tions, cases, or matters, which investigations, cases, or matters shall be generally described in the order. The assignment of any state attorney hereunder shall exp1re 6 months after the date of issuance, unless an extension is approved by order of the Supreme Court upon application of the Governor showing good and sufficient cause to extend such assignment. 27.15 State attorneys to assist in other circuits. (1) The Governor of the state may for good and sufficient reasons require any state attorney in the state to proceed to any place in the state and assist the state
Ch.27 STATE AITORNEYS; PUBLIC DEFENDERS; RELATED OFFICES F.S. 1985 attorney holding office in the circuit where such place is located in the discharge of any of the duties of such state attorney. Any state attorney in this state who shall be so directed by the Governor to go and assist any other state attorney in the discharge of his duties shall immediately proceed to the place designated and assist the state attorney of the circuit in which such place is located in the performance of his duties. (2) When any state attorney is required to go beyond the limits of the circuit in which he holds office to comply with this section or on other official business performed at the direction of the Governor, the expenses incurred shall be borne by the state and shall be paid from the appropriation provided by the state for circuit courts. Hiatory.-ss. 1, 2, ch. 8571, 1921 ; CGL4744, 4745; s. 24, ch. 57-1 ; s. 1, ch. 67-324; s. 2, ch. 69-1736. 27.151 Confidentiality; report to Legislature.- (1) If the Governor provides in an executive order issued pursuant to s. 27.14 or s. 27.15 that the order or a portion thereof is confidential, the order or portion so designated, the application of the Governor to the Supreme Court and all proceedings thereon, and the order of the Supreme Court shall be confidential and exempt from the provisions of s. 119.07. (2) The Governor shall submit to the President of the Senate and the Speaker of the House of Representatives before February 1 of each year a report specifying the state attorneys assigned or exchanged during the preceding calendar year and the dates of, and the reasons for, such assignments or exchanges. If the Governor designates all or any portion of this report as confidential, the portions so designated shall be confidential and exempt from s. 119.07 and other laws and rules requiring public access or disclosure. Hlatory.-s. 2, ch. 75-193. 27.16 Appointment of acting state attorney. Whenever there shall be a vacancy in the office of the state attorney in any of the judicial circuits of this state, either by nonappointment or otherwise, or if a state attorney shall not be present at any regular or special term of the courts of his circuit or, being present, shall from any cause be unable to perform the duties of his office or shall be disqualified to act in any particular case, the circuit judge of his judicial circuit shall have full power to appoint a prosecuting officer from among the members of the bar, with the consent of the member soappointed, to whom shall be administered an oath to faithfully discharge the duties of state attorney, and who shall have as full and complete authority, and whose acts shall be in all respects as valid as a regularly appointed state attorney. He shall sign all indictments and other documents as "acting state attorney." The power of the appointee shall cease upon the cessation of the inability or disqualification of the state attorney or the completion of the appointee's duties in any particular case. Hiatory.-s. 1, ch. 1726, 1869; s. 2, ch. 1996, 1874; RS 1354; s. 1, ch. 4899, 1901; GS 1789; RGS 3019; CGL 4755; s. 1, ch. 69-212; s. 4, ch. 73-334. 27.18 Assistant to state attorney.-the state attorney, by and with the consent of court, may procure the assistance of any member of the bar when the amount 160 of the state business renders it necessary, either in the grand jury room to advise them upon legal points and framing indictments, or in court to prosecute criminals; but, such assistant shall not be authorized to sign any indictments or administer any oaths, or to perform any other duty except the giving of legal advice, drawing up of indictments, and the prosecuting of criminals in open court. His compensation shall be paid by the state attorney and not by the state. Hiatory.-s. 1, ch. 2099, 1877; RS 1355; GS 1791 ; RGS 3021 ; CGL 4757. 27.181 Assistant state attorneys; appointment, term; powers and duties; compensation.- (1) Upon the expiration of the term of office being served by each assistant state attorney who holds such office on the date this act becomes effective, such office shall stand abolished. Also, each office of assistant state attorney not held by an incumbent on the date this act becomes effective shall stand abolished on the effective date hereof. Upon the abolition of any office of assistant state attorney under the provisions of this act, there shall thereupon be a position of assistant state attorney in lieu of such office. The state attorney of the judicial circuit in which any such position is created shall appoint an assistant state attorney to hold such position and shall thereafter fill by appointment such vacancies in such position as may from time to time occur. For the purposes of this act, the term of office being served by an assistant state attorney on the effective date of this act shall be deemed to have expired if it expires by reason of the passage of time or if he should die or resign or be removed from office during such term. In the event that any position of assistant state attorney, with a salary to be paid from state funds, shall hereafter be created by law in addition to the positions provided for by this act, the state attorney of the judicial circuit for which such additional position is created shall fill the same, and all vacancies therein, by appointment. (2) Each assistant state attorney appointed by a state attorney under the authorization of this act shall serve during the pleasure of the state attorney appointing him. Each such appointment shall be in writing and shall be recorded in the office of the clerk of the circuit court of the county in which the appointing state attorney resides. No such appointee shall perform any of the duties of assistant state attorney until he shall have taken and subscribed to a written oath that he will faithfully perform the duties of assistant state attorney and shall have caused the same to be recorded in the office of the clerk of the circuit court of the county in which the appointing state attorney resides. Upon the recordation of such appointment and oath, the appointing state attorney shall promptly cause certified copies thereof to be transmitted to the Comptroller. When any such appointment shall be revoked, the revocation thereof shall be made in writing and shall be recorded in the office of the clerk of the circuit court of the county in which the appointment is recorded, and the state attorney executing the same shall forthwith cause a certified copy thereof to be transmitted to the Comptroller. If any such appointee dies or resigns, the appointing state attorney shall promptly give written notice of such death or resignation to the Comptroller.