STORAGE NAME: h0813e.JDC
DATE: 3/26/2025
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 #: CS/HB 813
TITLE: Courts
SPONSOR(S): Tuck
COMPANION BILL: CS/SB 538 (Bradley)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Civil Justice & Claims
16 Y, 0 N
Justice Budget
14 Y, 0 N
Judiciary
20 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
CS/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.
The bill requires the Florida Clerks of Court Operations Corporation to include in its annual budget request to the
Justice Administrative Commission the anticipated amount necessary for reimbursement for petitions for
protective injunction against domestic violence; repeat, sexual, or dating violence; stalking; and exploitation of a
vulnerable adult.
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:
CS/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. 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 requires the Florida Clerks of Court Operations Corporation to include in its annual budget request to the
Justice Administrative Commission (JAC) the anticipated amount necessary for reimbursement for petitions for
protective injunction against domestic violence; repeat, sexual, or dating violence; stalking; and exploitation of a
vulnerable adult. This change will streamline a portion of the budgetary process for the clerks of the circuit courts
by allowing them to submit such reimbursement requests together with other funding requests to JAC, instead of
partially to JAC and partially to the Office of the State Courts Administrator. (Section 2)
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 4) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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 5)
The bill makes conforming changes. (Section 3)
The bill provides an effective date of July 1, 2025. (Section 6)
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
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. 20, 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
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
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
Florida Clerks of Court Operations Corporation
In 2003, the Florida Legislature created the Florida Clerks of Court Operations Corporation (CCOC) to provide
budget support to the clerks. All clerks of the circuit courts are members of the CCOC and hold their positions and
authority in an ex officio capacity.
8 CCOC is funded through appropriations by general law pursuant to a contract
with the Chief Financial Officer.
9
The CCOC is responsible for approving the combined budgets submitted by the clerks, and ensuring that the total
combined budgets of all 67 clerks does not exceed the total estimated revenues from fees, service charges, court
costs, and fines for court-related functions available for court-related expenditures; plus the balance of funds
remaining in the Clerks of Court Trust Fund after the transfer of funds to the General Revenue Fund; and plus any
appropriations for court-related functions.
10 Additional CCOC duties include, but are not limited to:
Adopting a plan of operations.
Recommending to the Legislature changes in the amounts and distribution of various court-related fines,
fees, service charges, and costs to ensure reasonable and adequate funding of the clerks in the performance
of their court-related functions.
Entering into a contract with the Department of Financial Services for the department to audit the court-
related expenditures of individual clerks.
Preparing and submitting a report to the Governor, the President of the Senate, the Speaker of the House of
Representatives, and the chairs of the legislative appropriations committees by January 1 of each year on
the operations and activities of the CCOC and detailing the budget development for the clerks of the court
and the end-of-year reconciliation of actual expenditures versus projected expenditures for each clerk of
court.
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. 28.35(1)(a), F.S.
9
S. 28.35(4), F.S.
10
S. 28.35(2)(f), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Preparing an annual budget request which provides the anticipated amount necessary for reimbursement
pursuant to s. 40.29(6), F.S., for certain petitions and orders.
11 The request for reimbursement must be
submitted to the Governor for transmittal to the Legislature.
12
Participating in the Florida Retirement System for its eligible employees.
13
No Fee Court Functions
There are certain filings for which clerks may not charge a filing fee, including:
A filing by an indigent party;
14
A petition for habeas corpus filed by a person detained as a mental health patient;
15
An ex parte order for an involuntary examination;
16
A petition for an involuntary commitment;
17
Appellate filings for an indigent person determined to be, and involuntarily committed as, a sexually violent
predator;
18
A petition for involuntary assessment and stabilization for substance abuse impairment;
19
A petition for a risk protection order;
20
A petition for a protective injunction against domestic violence;
21 repeat, sexual, or dating violence;
22 or
stalking;
23 and
A petition for an injunction for protection against exploitation of a vulnerable adult.
24
However, subject to legislative appropriation, clerks may, on a quarterly basis, submit to the Office of the State
Courts Administrator a certified request for reimbursement for petitions for protection against domestic violence;
repeat, sexual, or dating violence; or stalking issued by the court, at the rate of $40 per petition. From this
reimbursement, if any, the clerk must pay any law enforcement agency that served such an injunction a fee
requested by the agency, not to exceed $20.
25
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.
26 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.
27 Arbitrator compensation
is paid by the parties, or if the court finds that a party is indigent
28 and unable to pay, an arbitrator may be partially
or fully compensated from state funds according to the party’s present ability to pay.
29
11
JAC is not authorized to make changes to the budget request except for technical changes necessary to conform to the
legislative budget instructions. S. 28.35(2)(i), F.S.
12
S. 28.35(2), F.S.
13
S. 28.35(4), F.S.
14
Ss. 57.081 and 57.082, F.S. This does not include prisoners as defined in s. 57.085, F.S.
15
S. 394.459, F.S.
16
S. 394.463, F.S.
17
S. 394.467, F.S.
18
S. 394.917, F.S.
19
S. 397.6814, F.S.
20
S. 790.401, F.S.
21
S. 741.30, F.S.
22
S. 784.046, F.S.
23
S. 784.0485, F.S.
24
S. 825.1035, F.S.
25
Ss. 741.30(2)(a), s. 784.046(3)(b), 784.0485(2)(a), 825.1035(4)(i), F.S.
26
S. 44.103(2), F.S.; Fla. R. Civ. P. 1.820.
27
Fla. R. Civ. P. 1.810.
28
S. 57.082, F.S.
29
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. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
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.
30 This statutory cap was last adjusted in
2005.
31 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.
32
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.
33
Notarization by a Commissioned Officer of the United States Armed Forces
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
34 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.
35
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.
36
30
Fla. R. Civ. P. 1.810; s. 44.103(3), F.S.
31
Ch. 2005-236, L.O.F.
32
OSCA, Repeal of Arbitrator Compensation Cap Issue Brief (on file with the House Civil Justice and Claims Subcommittee).
33
S. 92.50(1), F.S.
34
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.
35
Id.
36
S. 92.51(2) and (3), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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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 14 Y, 0 N 3/18/2025 Saag Keith
Judiciary Committee 20 Y, 0 N, As CS 3/26/2025 Kramer Leshko
THE CHANGES ADOPTED BY THE
COMMITTEE:
Required the Florida Clerks of Court Operations Corporation to include
in its annual budget request to the Justice Administrative Commission
the anticipated amount necessary for reimbursement for petitions for
protective injunction against domestic violence; repeat, sexual, or
dating violence; stalking; and exploitation of a vulnerable adult.
Made conforming changes.
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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