SB 1392 — Courts

(4) The chief judge of a circuit may authorize a county court judge to order emergency hospitalizations pursuant to part I of chapter 394 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.

(5) A circuit court is a trial court.

Section 4. Effective January 1, 2021, subsection (4) of section 27.51, Florida Statutes, is amended to read:

27.51 Duties of public defender.— (4) The public defender for the judicial circuit specified in this subsection shall, after the record on appeal is transmitted to the appellate court by the office of the public defender which handled the trial and if requested by any public defender within the indicated appellate district, handle all circuit court and county court appeals within the state courts system and any authorized appeals to the federal courts required of the official making such request:

(a) Public defender of the second judicial circuit, on behalf of any public defender within the district comprising the First District Court of Appeal.

(b) Public defender of the tenth judicial circuit, on behalf of any public defender within the district comprising the Second District Court of Appeal.

(c) Public defender of the eleventh judicial circuit, on behalf of any public defender within the district comprising the Third District Court of Appeal.

(d) Public defender of the fifteenth judicial circuit, on behalf of any public defender within the district comprising the Fourth District Court of Appeal.

(e) Public defender of the seventh judicial circuit, on behalf of any public defender within the district comprising the Fifth District Court of Appeal.

Section 5. Effective January 1, 2021, subsection (8) of section 27.511, Florida Statutes, is amended to read:

27.511 Offices of criminal conflict and civil regional counsel;

legislative intent;

qualifications;

appointment;

duties.— (8) The public defender for the judicial circuit specified in s.

27.51(4) shall, after the record on appeal is transmitted to the appellate court by the office of criminal conflict and civil regional counsel which handled the trial and if requested by the regional counsel for the indicated appellate district, handle all circuit court and county court appeals authorized pursuant to paragraph (5)(f) within the state courts system and any authorized appeals to the federal courts required of the official making the request.

If the public defender certifies to the court that the public defender has a conflict consistent with the criteria prescribed in s.

27.5303 and moves to withdraw, the regional counsel shall handle the appeal, unless the regional counsel has a conflict, in which case the court shall appoint private counsel pursuant to s.

27.40.

Section 6. Effective January 1, 2021, section 34.017, Florida Statutes, is amended to read:

34.017 Certification of questions to district court of appeal.— (1) A county court may is permitted to certify a question to the district court of appeal in a final judgment that is appealable to the circuit court if the question may have statewide application, and:

(a) Is of great public importance;

or (b) Will affect the uniform administration of justice.

(2) In the final judgment, the trial court shall:

(a) Make findings of fact and conclusions of law;

and (b) State concisely the question to be certified.

(3) The decision to certify the question to the district court of appeal is within the sole discretion of the county court.

(4) The district court of appeal has absolute discretion as to whether to answer a question certified by the county court.

(a) If the district court agrees to answer the certified question, it shall decide all appealable issues that have been raised from the final judgment.

(b) If the district court declines to answer the certified question, the case shall be transferred to the circuit court which has appellate jurisdiction.

Section 7. Effective January 1, 2021, section 35.065, Florida Statutes, is amended to read:

35.065 Review of judgment or order certified by county court to be of great public importance.—Pursuant to s.

34.017, a district court of appeal may review any order or judgment of a county court which is certified by the county court to be of great public importance.

Section 8. Effective January 1, 2021, section 924.08, Florida Statutes, is repealed.

Section 9. Except as otherwise expressly provided in this act, this act shall take effect July 1, 2020.