FL
Florida House Bill H0813

Florida 2025 Regular Session

Florida House Bill H0813 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to courts; amending s. 26.20, F.S.; 2
1616 requiring each judicial circuit to have a circuit 3
1717 judge available at all times to hold and conduct 4
18-hearings with limited notice; amending s. 28.35, F.S.; 5
19-requiring certain reimbursement requests be submitted 6
20-to the Justice Administrative Commission; directing 7
21-the Division of Law Revision to make conforming 8
22-changes; amending s. 44.103, F.S.; removing a 9
23-limitation on arbitrator compensation in court -10
24-ordered, nonbinding arbitration; amending s. 92.50, 11
25-F.S.; providing an alternate method for authentication 12
26-of oaths, affidavits, or acknowledgments taken or 13
27-administered by or before any judge; providing an 14
28-effective date. 15
29- 16
30-Be It Enacted by the Legislature of the State of Florida: 17
31- 18
32- Section 1. Section 26.20, Florida Statutes, is amended to 19
33-read: 20
34- 26.20 Availability of judge for hearings in chambers.—In 21
35-circuits having more than one circuit judge, At least one 22
36-circuit judge in each circuit of said judges shall be available 23
37-as nearly as possible at all times to hold and conduct hearings 24
38-with limited notice in chambers. In each circuit, there must be 25
18+hearings with limited notice; amending s. 44.103, 5
19+F.S.; removing a limitation on arbitrator compensation 6
20+in court-ordered, nonbinding arbitration; amending s. 7
21+92.50, F.S.; providing an alternate method for 8
22+authentication of oaths, affidavits, or 9
23+acknowledgments taken or administered by or before any 10
24+judge; providing an effective date. 11
25+ 12
26+Be It Enacted by the Legislature of the State of Florida: 13
27+ 14
28+ Section 1. Section 26.20, Florida Statutes, is amended to 15
29+read: 16
30+ 26.20 Availability of judge for hearings in chambers.—In 17
31+circuits having more than one circuit judge, At least one 18
32+circuit judge in each circuit of said judges shall be available 19
33+as nearly as possible at all times to hold and conduct hearings 20
34+with limited notice in chambers. In each circuit, there must be 21
35+at least one judge available on Saturdays, Sundays, holidays, 22
36+and after hours on weekdays to hear motions for a temporary 23
37+injunction ex parte in domestic violence cases. The chief judge 24
38+may assign a judge for this purpose. 25
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4747 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
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51-at least one judge available on Saturdays, Sundays, holidays, 26
52-and after hours on weekdays to hear motions for a temporary 27
53-injunction ex parte in domestic violence cases. The chief judge 28
54-may assign a judge for this purpose. 29
55- Section 2. Paragraph (i) of subsection (2) of section 30
56-28.35, Florida Statutes, is amended to rea d: 31
57- 28.35 Florida Clerks of Court Operations Corporation. — 32
58- (2) The duties of the corporation shall include the 33
59-following: 34
60- (i) Annually preparing a budget request which, 35
61-notwithstanding the provisions of chapter 216 and in accordance 36
62-with s. 216.351, provides the anticipated amount necessary for 37
63-reimbursement pursuant to ss. 40.29(6), 741.30(2)(a), 38
64-784.046(3)(b), 784.0485(2)(a), and 825.1035(4)(i) s. 40.29(6). 39
65-The request for the anticipated reimbursement amount shall be 40
66-submitted in the form and manner prescribed by the Justice 41
67-Administrative Commission. Such request is not subject to change 42
68-by the Justice Administrative Commission, except for technical 43
69-changes necessary to conform to the legislative budget 44
70-instructions, and shall be submitted to the Go vernor for 45
71-transmittal to the Legislature. 46
72- Section 3. The Division of Law Revision is directed to 47
73-replace the phrase "Office of the State Courts Administrator" 48
74-with "Justice Administrative Commission" wherever it occurs in 49
75-ss. 741.30(2)(a), 784.046(3)( b), 784.0485(2)(a), and 50
51+ Section 2. Subsection (3) of section 44.103, Florida 26
52+Statutes, is amended to read: 27
53+ 44.103 Court-ordered, nonbinding arbitration. — 28
54+ (3) Arbitrators shall be selected and compensated in 29
55+accordance with rules adopted by the Supreme Court. Arbitrators 30
56+shall be compensated by the parti es, or, upon a finding by the 31
57+court that a party is indigent, an arbitrator may be partially 32
58+or fully compensated from state funds according to the party's 33
59+present ability to pay. At no time may an arbitrator charge more 34
60+than $1,500 per diem, unless the pa rties agree otherwise. Prior 35
61+to approving the use of state funds to reimburse an arbitrator, 36
62+the court must ensure that the party reimburses the portion of 37
63+the total cost that the party is immediately able to pay and 38
64+that the party has agreed to a payment plan established by the 39
65+clerk of the court that will fully reimburse the state for the 40
66+balance of all state costs for both the arbitrator and any costs 41
67+of administering the payment plan and any collection efforts 42
68+that may be necessary in the future. Whenev er possible, 43
69+qualified individuals who have volunteered their time to serve 44
70+as arbitrators shall be appointed. If an arbitration program is 45
71+funded pursuant to s. 44.108, volunteer arbitrators shall be 46
72+entitled to be reimbursed pursuant to s. 112.061 for al l actual 47
73+expenses necessitated by service as an arbitrator. 48
74+ Section 3. Subsection (1) of section 92.50, Florida 49
75+Statutes, is amended to read: 50
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8484 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
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88-825.1035(4)(i), Florida Statutes. 51
89- Section 4. Subsection (3) of section 44.103, Florida 52
90-Statutes, is amended to read: 53
91- 44.103 Court-ordered, nonbinding arbitration. — 54
92- (3) Arbitrators shall be selected and compensated in 55
93-accordance with rules adopted by the Supreme Court. Arbitrators 56
94-shall be compensated by the parties, or, upon a finding by the 57
95-court that a party is indigent, an arbitrator may be partially 58
96-or fully compensated from state funds according to the party's 59
97-present ability to pay. At no time may an arbitrator charge more 60
98-than $1,500 per diem, unless the parties agree otherwise. Prior 61
99-to approving the use of state funds to reimburse an arbitrator, 62
100-the court must ensure that the party reimburses the portion of 63
101-the total cost that the party is immediately able to pay and 64
102-that the party has agreed to a payment plan established by the 65
103-clerk of the court that will fully reimburse the state for the 66
104-balance of all state costs for both the arbitrator and any costs 67
105-of administering the payment plan and any collection efforts 68
106-that may be necessary in the future. Whenever possible, 69
107-qualified individuals who have volunteered their time to serve 70
108-as arbitrators shall be appointed. If an arbitration program is 71
109-funded pursuant to s. 44.1 08, volunteer arbitrators shall be 72
110-entitled to be reimbursed pursuant to s. 112.061 for all actual 73
111-expenses necessitated by service as an arbitrator. 74
112- Section 5. Subsection (1) of section 92.50, Florida 75
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121-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
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125-Statutes, is amended to read: 76
126- 92.50 Oaths, affidavits, and acknowledgments; who may take 77
127-or administer; requirements. — 78
128- (1) IN THIS STATE.—Oaths, affidavits, and acknowledgments 79
129-required or authorized under the laws of this state , (except 80
130-oaths to jurors and witnesses in court and such other oaths, 81
131-affidavits and acknowledgments as are required by law to be 82
132-taken or administered by or before particular officers ,) may be 83
133-taken or administered by or before any judge, clerk, or deputy 84
134-clerk of any court of record within this state, including 85
135-federal courts, or by or before any United States commissioner 86
136-or any notary public within this state. The jurat, or 87
137-certificate of proof or acknowledgment, shall be authenticated 88
138-by the signature and official seal of such officer or person 89
139-taking or administering th e same; however, when taken or 90
140-administered by or before any judge, clerk, or deputy clerk of a 91
141-court of record, the seal of such court may be affixed as the 92
142-seal of such officer or person. The jurat, or certificate of 93
143-proof or acknowledgment, may also be authenticated by a judge by 94
144-affixing his or her signature and printing his or her name, 95
145-title, and court. 96
146- Section 6. This act shall take effect July 1, 2025. 97
88+ 92.50 Oaths, affidavits, and acknowledgments; who may take 51
89+or administer; requirements. — 52
90+ (1) IN THIS STATE.—Oaths, affidavits, and acknowledgments 53
91+required or authorized under the laws of this state , (except 54
92+oaths to jurors and witnesses in court and such other oaths, 55
93+affidavits and acknowledgments as are required by law to be 56
94+taken or administered by or befor e particular officers ,) may be 57
95+taken or administered by or before any judge, clerk, or deputy 58
96+clerk of any court of record within this state, including 59
97+federal courts, or by or before any United States commissioner 60
98+or any notary public within this state. T he jurat, or 61
99+certificate of proof or acknowledgment, shall be authenticated 62
100+by the signature and official seal of such officer or person 63
101+taking or administering the same; however, when taken or 64
102+administered by or before any judge, clerk, or deputy clerk of a 65
103+court of record, the seal of such court may be affixed as the 66
104+seal of such officer or person. The jurat, or certificate of 67
105+proof or acknowledgment, may also be authenticated by a judge by 68
106+affixing his or her signature and printing his or her name, 69
107+title, and court. 70
108+ Section 4. This act shall take effect July 1, 2025. 71