STORAGE NAME: h0813b.JUB
DATE: 3/17/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 813
TITLE: Courts
SPONSOR(S): Tuck
COMPANION BILL: SB 538 (Bradley)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Civil Justice & Claims
16 Y, 0 N
Justice Budget
Judiciary
SUMMARY
Effect of the Bill:
HB 813 makes several changes that impact court administration. The bill changes the requirements for duty judges,
to mandate that at least one circuit judge in each judicial circuit be available at all times to hold and conduct
hearings, but allows such hearings to be held and conducted in a location other than the judge’s chambers.
Additionally, the bill removes the statutory cap on arbitrator compensation, providing broader discretion to the
chief judge of each judicial circuit to set the fees for arbitrator services.
Lastly, the bill provides an alternative means for a judge to authenticate a certificate of proof or acknowledgment,
by providing his or her signature and printing his or her name, title, and court.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on state government and an indeterminate positive impact on the
private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
HB 813 requires at least one circuit judge in each judicial circuit, regardless of the number of judges in the circuit,
to act as a duty judge and be available at all times to hold and conduct hearings with limited notice. Practically
speaking, each judicial circuit is already required to meet this obligation as every judicial circuit currently has more
than one circuit judge; however, the bill expands the availability of the duty judge by requiring such judge to be
available at all times and not just available as nearly as possible at all times. The bill also removes the limitation
requiring such an emergency hearing to be held in chambers, providing for greater flexibility in the hearing
location or the ability to conduct remote proceedings. (Section 1)
The bill also removes the statutory cap on arbitrator compensation, which allows broader discretion of the chief
judge of each judicial circuit to set the fees for arbitration services. (Section 2)
Additionally, the bill provides an alternative means for judicial notarization by allowing a judge to authenticate a
certificate of proof or acknowledgment by providing his or her signature and printing his or her name, title, and
court. This change allows a judge to authenticate such a certificate or acknowledgment without the use of his or
her seal of office or seal of his or her court. (Section 3)
The bill provides an effective date of July 1, 2025. (Section 4)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on state government by removing the statutory cap on
arbitrator compensation and allowing for increased arbitrator costs to be charged to the parties. This may require
the state to cover all or a portion of such increased costs for an indigent party until such time as that party
completes a payment plan to reimburse the state.
Additionally, the bill may also have an indeterminate positive fiscal impact on state government by allowing duty
judges greater flexibility in hearing location and the ability to conduct remote proceedings. In turn, the expenditure
of resources associated with staffing on-call law enforcement and an on-call clerk to physically attend such
hearings after hours will be eliminated.
PRIVATE SECTOR:
The bill may have an indeterminate positive fiscal impact on persons who serve as arbitrators as removal of the
statutory cap on arbitration fees may allow arbitrators to charge and collect higher fees for their services.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Judicial Circuits
The Florida Constitution requires that there be a circuit court serving each of Florida’s twenty judicial circuits.
1 The
number of judges required to serve in each circuit varies depending on the population and caseload of the area
2
and is codified in statute by the Legislature based on recommendations from the Florida Supreme Court (FSC) as to
current need.
3, 4 Section 26.031, F.S., currently provides that the number of judges in each judicial circuit shall be as
follows:
First Judicial Circuit – 26
Second Judicial Circuit – 16
Third Judicial Circuit – 7
Fourth Judicial Circuit – 35
Fifth Judicial Circuit – 31
Sixth Judicial Circuit – 45
Seventh Judicial Circuit – 27
Eighth Judicial Circuit – 13
Ninth Judicial Circuit – 46
Tenth Judicial Circuit – 28
Eleventh Judicial Circuit – 80
Twelfth Judicial Circuit – 22
Thirteenth Judicial Circuit – 45
Fourteenth Judicial Circuit – 13
Fifteenth Judicial Circuit – 35
Sixteenth Judicial Circuit – 4
Seventeenth Judicial Circuit – 58
Eighteenth Judicial Circuit – 26
Nineteenth Judicial Circuit – 19
1
Art. V, s. 5(a), Fla. Const.; s. 26.021, F.S.
2
Office of the State Courts Administrator (OSCA), Trial Courts – Circuit, https://www.flcourts.gov/Florida-Courts/Trial-
Courts-Circuit (last visited Mar. 14, 2025).
3
Art. V, s. 9, Fla. Const.
4
The Legislature may reject the FSC’s recommendations or implement them in whole or in part; however, the Legislature may
only increase or decrease the number of judicial offices beyond the recommendations of the FSC upon a finding by two-thirds
membership of both houses of the Legislature that such a need exists. Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Twentieth Judicial Circuit – 32
5
Duty Judges
Section 26.20, F.S., requires each judicial circuit that has more than one circuit judge to make at least one judge
available as nearly as possible at all times to hold and conduct hearings in his or her chambers.
6 Practically
speaking, each judicial circuit is already required to meet this obligation as every judicial circuit currently has more
than one circuit judge. Additionally, in each circuit there must be at least one judge available on Saturdays,
Sundays, holidays, and after hours on weekdays to hear motions for temporary ex parte domestic violence
injunctions.
Remote Court Proceedings
In 2022, the FSC amended Florida Rule of General Practice and Judicial Administration 2.530, to expressly provide
general authorization for the conduct of court proceedings through communication technology unless the
proceedings are governed by a contrary general law.
7
Arbitrator Compensation
A court, pursuant to rules adopted by the FSC, may refer any contested civil action filed in a circuit or county court
to nonbinding arbitration.
8 Arbitration is a method of dispute resolution that aims to resolve a case without the
need for a trial by utilizing a neutral third-party, an arbitrator, to assist in resolving a dispute between parties.
Arbitrators are selected and compensated in accordance with rules adopted by the FSC.
9 Arbitrator compensation
is paid by the parties, or if the court finds that a party is indigent
10 and unable to pay, an arbitrator may be partially
or fully compensated from state funds according to the party’s present ability to pay.
11
Arbitrator Compensation Cap
The chief judge of each judicial circuit is authorized to establish the fee for arbitration services subject to the
statutory cap of $1,500 per day, unless the parties agree to waive this cap.
12 This statutory cap was last adjusted in
2005.
13 The FSC Committee on Alternative Dispute Resolution Rules and Policy reports that the current statutory
cap is lower than the reasonable market rate for arbitration services in several circuits and counties.
14
Judicial Notarization
Section 92.50, F.S., allows for oaths, affidavits, and acknowledgments to be taken or administered by or before any
judge, clerk, or deputy clerk of any court of record within this state, including federal courts, or by or before any
United States commissioner or any notary public in this state. The certificate of proof or acknowledgment,
otherwise known as a jurat, must be authenticated by the signature and official seal of any officer or person taking
or administering the oath, affidavit, or acknowledgment; however, if such is taken or administered by a judge,
clerk, or deputy clerk of a court of record, the seal of such court may be used as the seal of such officer.
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Notarization by a Commissioned Officer of the United States Armed Forces
5
The number of judicial offices was last increased in the 2024 Legislative Session. Ch. 2024-194, L.O.F.
6
Such a judge is commonly referred to as a “duty judge.”
7
In re Amends. To Fla. Rules of Civ. Proc., Fla. Rules of Gen. Prac. & Jud. Admin., Fla. Rules of Crim. Proc., Fla. Prob. Rules, Fla. Rules
of Traffic Ct., Fla. Small Claims Rules, & Fla. Rules of App. Proc., 346 So. 3d 1105, 1108 (Fla. 2022); Fla. R. Gen. Prac. and Jud.
Admin. 2.530.
8
S. 44.103(2), F.S.; Fla. R. Civ. P. 1.820.
9
Fla. R. Civ. P. 1.810.
10
S. 57.082, F.S.
11
An indigent party must reimburse the portion of the total cost that he or she is immediately able to pay and enter into a
payment plan with the clerk of court that will fully reimburse the state for the balance of all state costs for the arbitrator, any
costs of administering the payment plan, and any debt collection efforts that may become necessary in the future. S. 44.103(3),
F.S.
12
Fla. R. Civ. P. 1.810; s. 44.103(3), F.S.
13
Ch. 2005-236, L.O.F.
14
OSCA, Repeal of Arbitrator Compensation Cap Issue Brief (on file with the House Civil Justice and Claims Subcommittee).
15
S. 92.50(1), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Section 92.51, F.S., provides that oaths, affidavits and acknowledgments may be taken or administered by certain
commissioned officers in active service of the United States Armed Forces
16 if the person required or authorized to
make and execute the oath, affidavit, or acknowledgment is:
A member of the Armed Forces of the United States;
The spouse of such member; or
A person whose duties require the person’s presence with the Armed Forces of the United States.
17
Authentication of oaths, affidavits, or acknowledgements of such persons, taken or administered by a
commissioned officer, is achieved by:
Including the date of the oath, affidavit, or acknowledgment;
Stating that the person appearing before the officer acknowledged the instrument as the person’s act or
made or signed the instrument under oath; and
Affixing the signature, rank, and branch of service or subdivision thereof of the officer upon the
instrument, document, or certificate of proof.
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Civil Justice & Claims
Subcommittee
16 Y, 0 N 3/13/2025 Jones Leshko
Justice Budget Subcommittee Saag Keith
Judiciary Committee
16
The officer must have the rank of second lieutenant or higher in the Army, Air Force, Space Force, or Marine Corps or ensign
or higher in the Navy or Coast Guard. S. 92.51(1), F.S.
17
Id.
18
S. 92.51(2) and (3), F.S.