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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to courts; amending s. 26.20, F.S.; 2
requiring each judicial circuit to have a circuit 3
judge available at all times to hold and conduct 4
hearings with limited notice; amending s. 28.35, F.S.; 5
requiring certain reimbursement requests be submitted 6
to the Justice Administrative Commission; directing 7
the Division of Law Revision to make conforming 8
changes; amending s. 44.103, F.S.; removing a 9
limitation on arbitrator compensation in court -10
ordered, nonbinding arbitration; amending s. 92.50, 11
F.S.; providing an alternate method for authentication 12
of oaths, affidavits, or acknowledgments taken or 13
administered by or before any judge; providing an 14
effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Section 26.20, Florida Statutes, is amended to 19
read: 20
26.20 Availability of judge for hearings in chambers.—In 21
circuits having more than one circuit judge, At least one 22
circuit judge in each circuit of said judges shall be available 23
as nearly as possible at all times to hold and conduct hearings 24
with limited notice in chambers. In each circuit, there must be 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
at least one judge available on Saturdays, Sundays, holidays, 26
and after hours on weekdays to hear motions for a temporary 27
injunction ex parte in domestic violence cases. The chief judge 28
may assign a judge for this purpose. 29
Section 2. Paragraph (i) of subsection (2) of section 30
28.35, Florida Statutes, is amended to rea d: 31
28.35 Florida Clerks of Court Operations Corporation. — 32
(2) The duties of the corporation shall include the 33
following: 34
(i) Annually preparing a budget request which, 35
notwithstanding the provisions of chapter 216 and in accordance 36
with s. 216.351, provides the anticipated amount necessary for 37
reimbursement pursuant to ss. 40.29(6), 741.30(2)(a), 38
784.046(3)(b), 784.0485(2)(a), and 825.1035(4)(i) s. 40.29(6). 39
The request for the anticipated reimbursement amount shall be 40
submitted in the form and manner prescribed by the Justice 41
Administrative Commission. Such request is not subject to change 42
by the Justice Administrative Commission, except for technical 43
changes necessary to conform to the legislative budget 44
instructions, and shall be submitted to the Go vernor for 45
transmittal to the Legislature. 46
Section 3. The Division of Law Revision is directed to 47
replace the phrase "Office of the State Courts Administrator" 48
with "Justice Administrative Commission" wherever it occurs in 49
ss. 741.30(2)(a), 784.046(3)( b), 784.0485(2)(a), and 50
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825.1035(4)(i), Florida Statutes. 51
Section 4. Subsection (3) of section 44.103, Florida 52
Statutes, is amended to read: 53
44.103 Court-ordered, nonbinding arbitration. — 54
(3) Arbitrators shall be selected and compensated in 55
accordance with rules adopted by the Supreme Court. Arbitrators 56
shall be compensated by the parties, or, upon a finding by the 57
court that a party is indigent, an arbitrator may be partially 58
or fully compensated from state funds according to the party's 59
present ability to pay. At no time may an arbitrator charge more 60
than $1,500 per diem, unless the parties agree otherwise. Prior 61
to approving the use of state funds to reimburse an arbitrator, 62
the court must ensure that the party reimburses the portion of 63
the total cost that the party is immediately able to pay and 64
that the party has agreed to a payment plan established by the 65
clerk of the court that will fully reimburse the state for the 66
balance of all state costs for both the arbitrator and any costs 67
of administering the payment plan and any collection efforts 68
that may be necessary in the future. Whenever possible, 69
qualified individuals who have volunteered their time to serve 70
as arbitrators shall be appointed. If an arbitration program is 71
funded pursuant to s. 44.1 08, volunteer arbitrators shall be 72
entitled to be reimbursed pursuant to s. 112.061 for all actual 73
expenses necessitated by service as an arbitrator. 74
Section 5. Subsection (1) of section 92.50, Florida 75
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Statutes, is amended to read: 76
92.50 Oaths, affidavits, and acknowledgments; who may take 77
or administer; requirements. — 78
(1) IN THIS STATE.—Oaths, affidavits, and acknowledgments 79
required or authorized under the laws of this state , (except 80
oaths to jurors and witnesses in court and such other oaths, 81
affidavits and acknowledgments as are required by law to be 82
taken or administered by or before particular officers ,) may be 83
taken or administered by or before any judge, clerk, or deputy 84
clerk of any court of record within this state, including 85
federal courts, or by or before any United States commissioner 86
or any notary public within this state. The jurat, or 87
certificate of proof or acknowledgment, shall be authenticated 88
by the signature and official seal of such officer or person 89
taking or administering th e same; however, when taken or 90
administered by or before any judge, clerk, or deputy clerk of a 91
court of record, the seal of such court may be affixed as the 92
seal of such officer or person. The jurat, or certificate of 93
proof or acknowledgment, may also be authenticated by a judge by 94
affixing his or her signature and printing his or her name, 95
title, and court. 96
Section 6. This act shall take effect July 1, 2025. 97