The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Committee on Criminal and Civil Justice
BILL: CS/SB 538
INTRODUCER: Appropriations Committee on Criminal and Civil Justice and Senator Bradley
SUBJECT: State Courts System
DATE: March 20, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Bond Cibula JU Favorable
2. Kolich Harkness ACJ Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 538 allows a circuit court duty judge, which is a judge who is responsible for handling
urgent matters outside of regular court hours, to hold and conduct hearings in places other than
his or her chambers, repeals the $1,500 per day limit on fees paid to a court-appointed arbitrator,
and allows a judge to authenticate documents containing written statements under oath made by
others without using a personal or court seal. The bill also allows the clerks to request specified
reimbursements through the Justice Administrative Commission (JAC) rather than through the
Office of the State Courts Administrator (OSCA).
The bill is not expected to have a fiscal impact on state or local governments. See Section V.
Fiscal Impact Statement.
The bill is effective July 1, 2025.
II. Present Situation:
Circuit Judges
In 1935, the Legislature enacted a requirement that judicial circuits having more than one circuit
judge, if possible, have at least one circuit judge available at all times to hold and conduct
hearings in chambers.
1
This judge is commonly referred to as a “duty judge.” The statutory
1
Ch. 17085, §4, at 699, Laws of Fla. (1935), codified in s. 26.20, F.S.
REVISED: BILL: CS/SB 538 Page 2
requirement to designate a duty judge in judicial circuits supports the prompt and efficient
administration of justice by having a judge available during work hours, after hours, weekends,
and holidays to handle emergency judicial matters. These emergency matters may include
applications for search or arrest warrants, pen registers, petitions for ex parte injunctive relief to
prevent domestic and repeat violence, communications intercepts, and medical consents. Over
time, the number of circuit judges has grown, and presently all judicial circuits have more than
one circuit judge.
2
Accordingly, each circuit maintains a duty judge schedule.
Along with growth in the number of circuit judges since 1935, technological innovations have
transformed the way judges carry out judicial activities and conduct court proceedings. Judges
routinely access case files, issue orders, and conduct hearings from locations other than a
physical courthouse or their chambers using case management and communication technologies.
The adoption of these technologies has led to greater efficiency for judges and court users and
better access to the courts. The language of s. 26.20, F.S., implies that a duty judge must work at
the courthouse or in a judge’s chambers is outdated.
Arbitration Fees
Section 44.103(2), F.S., authorizes a trial court to refer a contested civil action to nonbinding
arbitration. Arbitrators in these proceedings are compensated by the parties or, if a party is
indigent, by the court. The fee for arbitration services is set by the chief judge in each circuit but
is subject to a statutory cap of $1,500 per diem unless the parties agree otherwise.
3
The statutory
cap has not been adjusted since 2005.
4
Oaths, Affidavits and Acknowledgements before a Judge
Except as otherwise provided under law, oaths, affidavits, and acknowledgments may be taken or
administered by or before any judge, clerk, or deputy clerk of any court in this state, including
the federal courts, or by or before any United States commissioner or any notary public.
5
The
jurat, or certificate of proof or acknowledgement, for the oath, affidavit, or acknowledgement
must be authenticated by the signature and official seal of the person authenticating the
document. A judge, clerk, or deputy clerk may also satisfy the seal requirement by using the seal
of his or her court of record.
It is not uncommon for a judge to administer oaths at locations other than a courthouse where a
personal or court seal is unavailable. Typically, in such circumstances, the judge provides his or
her signature and prints his or her name, title, and court on the jurat or certificate of proof or
acknowledgment. However, an oath recently authenticated by a District Court of Appeal judge in
such a manner was rejected by the Department of State because it did not include the seal of the
District Court of Appeal as required by s. 92.50, F.S.
2
The current number of circuit judges in each judicial circuit ranges from 4 in the 16th Judicial Circuit (Monroe County) to 80
in the 11th Judicial Circuit (Miami-Dade County). Section 26.031, F.S.
3
Florida Rule of Civil Procedure 1.810(b) provides: “The chief judge of each judicial circuit shall establish the compensation
of arbitrators subject to the limitations in section 44.103(3), Florida Statutes.”
4
Section 32, ch. 2005-236, Laws of Fla.
5
Section 92.50(1), F.S. BILL: CS/SB 538 Page 3
III. Effect of Proposed Changes:
The bill amends s. 26.20, F.S., to repeal outdated language and to allow a duty judge to hold and
conduct hearings in places other than his or her chambers.
The bill amends s. 28.35, F.S., to require the Florida Clerks of Court Operations Corporation to
prepare an annual budget request which provides the anticipated amount necessary for
reimbursements relating to petitions issued by the court for protection against domestic violence,
repeat violence, sexual violence, dating violence, stalking and against exploitation of a
vulnerable adult.
The bill amends ss. 741.30, 784.046, 784.0485, and 825.1035, F.S., to allow the clerk of the
circuit court to submit their requests for reimbursement through the Justice Administrative
Commission (JAC) rather than the Office of the State Courts Administrator. The submissions
must be submitted in the form and manner prescribed by the JAC.
The bill amends s. 44.103, F.S., to repeal the statutory cap on the fees that a court-ordered
arbitrator may charge. The current cap limits the fees that court-appointed arbitrators may charge
to $1,500 per day unless agreed otherwise by the parties. The repeal of the fee cap, however,
does not affect the ability of the chief judge of a judicial circuit to limit such fees.
The bill amends s. 92.50, F.S., to authorize a state or federal judge in this state to authenticate
oaths, affidavits, and acknowledgements by simply providing a signature and printing the judge’s
name, title, and court on the jurat or certificate of proof or acknowledgment. The use of a
personal or court seal is no longer required when a judge authenticates those documents.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None. BILL: CS/SB 538 Page 4
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 26.20, 28.35,
44.103, 92.50, 741.30, 784.046, 784.0485, and 825.1035.
This bill reenacts the following sections of the Florida Statutes: 28.2221, 92.525, 110.12301, and
112.181.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Appropriations Committee on Criminal and Civil Justice on March 18, 2025:
The committee substitute:
• Requires the Florida Clerks of Court Operations Corporation to annually prepare a
budget request which provides the anticipated amount necessary for reimbursement
relating to petitions issued by the court for protection against domestic violence,
repeat violence, sexual violence, dating violence, stalking, and exploitation of a
vulnerable adult.
• Allows the clerk of the circuit court to submit their requests through the Justice
Administrative Commission rather than the Office of the State Courts Administrator. BILL: CS/SB 538 Page 5
• Provides that the requests must be submitted in the form and manner prescribed by
the JAC.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.