Senate Bill 1510 (2020) — Jurisdiction of courts
SB 1510
Florida Bills
Florida Senate - 2020 SB 1510 By Senator Brandes 24-01569A-20 20201510__ Page 1 of 37 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to jurisdiction of courts; amending s. 2 26.012, F.S.; revising the jurisdiction of circuit 3 courts; amending s. 26.57, F.S.; revising the 4 authority of county court judges temporarily 5 designated to preside over circuit court cases; 6 amending s. 28.241, F.S.; removing authorization for 7 filing fees for certain appellate proceedings; 8 repealing s. 34.017, F.S., relating to certification 9 of questions to district courts of appeal; amending s. 10 34.041, F.S.; conforming a provision to changes made 11 by the act; repealing s. 35.065, F.S., relating to the 12 review of a judgment or an order certified by a county 13 court to be of great public importance; amending s. 14 162.11, F.S.; transferring jurisdiction for appeals of 15 final administrative orders of local government code 16 enforcement boards from the circuit court to the 17 district court of appeal; amending s. 171.081, F.S.; 18 transferring jurisdiction for petitions on annexation 19 or contraction of local government boundaries from the 20 circuit court to the district court of appeal; 21 amending s. 163.3215, F.S.; transferring jurisdiction 22 for appeals on development orders from the circuit 23 court to the district court of appeal; amending s. 24 189.041, F.S.; transferring jurisdiction of challenges 25 of urban area maps adopted by special districts from 26 the circuit court to the district court of appeal; 27 amending s. 190.046, F.S.; transferring jurisdiction 28 of petitions seeking review of transfer plan 29
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 2 of 37 CODING: Words stricken are deletions; words underlined are additions. ordinances adopted by a community development district 30 from the circuit court to the district court of 31 appeal; amending s. 255.20, F.S.; transferring 32 jurisdiction of appeals regarding local bids and 33 contracts for public construction works from the 34 circuit court to the district court of appeal; 35 amending s. 318.16, F.S.; transferring jurisdiction 36 for appeals of traffic infractions from the circuit 37 court to the district court of appeal; amending s. 38 318.33, F.S.; modifying provisions regarding the 39 appeal of traffic infractions to conform to changes 40 made by the act; amending s. 320.781, F.S.; 41 transferring jurisdiction of appeals of determinations 42 of the Department of Highway Safety and Motor Vehicles 43 on certain claims against mobile home or recreational 44 vehicle dealers or brokers from the circuit court to 45 the district court of appeal; amending s. 321.051, 46 F.S.; transferring jurisdiction of appeals of final 47 orders of the Department of Highway Safety and Motor 48 Vehicles regarding the Florida Highway Patrol wrecker 49 operator system from the circuit court to the district 50 court of appeal; amending s. 322.272, F.S.; modifying 51 provisions regarding the filing of petitions for 52 certiorari to conform to changes made by the act; 53 amending s. 322.31, F.S.; transferring jurisdiction of 54 the review of Department of Highway Safety and Motor 55 Vehicles final orders and rulings from the circuit 56 court to the district court of appeal; amending s. 57 322.64, F.S.; conforming a provision to changes made 58
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 3 of 37 CODING: Words stricken are deletions; words underlined are additions. by the act; amending s. 327.73, F.S.; transferring 59 jurisdiction of appeals of a hearing official’s 60 finding regarding a noncriminal infraction regarding a 61 vessel from the circuit court to the district court of 62 appeal; amending s. 333.11, F.S.; transferring 63 jurisdiction of judicial review of airport zoning 64 regulations from the circuit court to the district 65 court of appeal; amending s. 336.41, F.S.; 66 transferring jurisdiction of appeals of competitive 67 bidding determinations made by counties from the 68 circuit court to the district court of appeal; 69 amending s. 337.14, F.S.; transferring jurisdiction of 70 appeals of competitive bidding determinations made by 71 the Department of Transportation from the circuit 72 court to the district court of appeal; amending s. 73 337.404, F.S.; transferring jurisdiction of judicial 74 review of the removal or relocation of utility 75 facilities from the circuit court to the district 76 court of appeal; amending s. 376.065, F.S.; 77 transferring jurisdiction of an appeal of a hearing 78 official’s findings of a violation of discharge 79 prevention and response certification from the circuit 80 court to the district court of appeal; amending s. 81 376.07, F.S.; transferring jurisdiction of an appeal 82 of a hearing official’s finding of inadequate booming 83 by a terminal facility from the circuit court to the 84 district court of appeal; amending s. 376.071, F.S.; 85 transferring jurisdiction of an appeal of a hearing 86 official’s finding of a violation of requirements for 87
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 4 of 37 CODING: Words stricken are deletions; words underlined are additions. a discharge contingency plan from the circuit court to 88 the district court of appeal; amending s. 376.16, 89 F.S.; transferring jurisdiction of an appeal of a 90 hearing official’s finding of a violation of the 91 Pollutant Discharge Prevention and Control Act from 92 the circuit court to the district court of appeal; 93 amending s. 379.401, F.S.; transferring jurisdiction 94 of appeals of Level One violations from the circuit 95 court to the district court of appeal; amending s. 96 379.4015, F.S.; conforming a provision to changes made 97 by the act; amending s. 379.412, F.S.; transferring 98 jurisdiction of appeals of violations of certain 99 prohibitions regarding feeding wildlife and freshwater 100 fish from the circuit court to the district court of 101 appeal; amending s. 408.40, F.S.; providing for the 102 review of the Public Counsel’s petition of the Agency 103 for Health Care Administration by appellate courts; 104 amending s. 489.127, F.S.; transferring jurisdiction 105 of appeals of final administrative orders of an 106 enforcement board or licensing board regulating 107 contracting or a designated special magistrate from 108 the circuit court to the district court of appeal; 109 amending s. 489.531, F.S.; transferring jurisdiction 110 of appeals of final administrative orders of an 111 enforcement board or licensing board regulating 112 electrical or alarm system contracting or a designated 113 special magistrate from the circuit court to the 114 district court of appeal; amending s. 556.107, F.S.; 115 transferring jurisdiction of appeals of noncriminal 116
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 5 of 37 CODING: Words stricken are deletions; words underlined are additions. infractions under the Underground Facility Damage 117 Prevention and Safety Act from the circuit court to 118 the district court of appeal; conforming a provision 119 to changes made by the act; amending s. 569.005, F.S.; 120 transferring jurisdiction of appeals of findings of 121 infractions of operating without a retail tobacco 122 products dealer permit from the circuit court to the 123 district court of appeal; amending s. 605.0716, F.S.; 124 transferring jurisdiction of judicial review of denial 125 of reinstatement of a limited liability company from 126 the Circuit Court of Leon County to the First District 127 Court of Appeal; amending s. 605.09091, F.S.; 128 transferring jurisdiction of judicial review of denial 129 of reinstatement of a foreign limited liability 130 company from the Circuit Court of Leon County to the 131 First District Court of Appeal; amending s. 607.0126, 132 F.S.; transferring jurisdiction of appeals of the 133 Department of State’s refusal to file a corporate 134 document from the Circuit Court of Leon County to the 135 First District Court of Appeal; amending s. 607.1423, 136 F.S.; transferring jurisdiction of judicial review of 137 denial of reinstatement of a corporation from the 138 Circuit Court of Leon County to the First District 139 Court of Appeal; amending s. 607.1532, F.S.; 140 transferring jurisdiction of judicial review of denial 141 of reinstatement of a foreign corporation from the 142 Circuit Court of Leon County to the First District 143 Court of Appeal; amending s. 620.1811, F.S.; 144 transferring jurisdiction of appeals from the denial 145
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 6 of 37 CODING: Words stricken are deletions; words underlined are additions. of reinstatement of a limited partnership from the 146 circuit court to the district court of appeal; 147 amending s. 717.1242, F.S.; conforming a cross-148 reference to changes made by the act; amending s. 149 723.0612, F.S.; transferring jurisdiction of review of 150 certain actions of the Florida Mobile Home Relocation 151 Corporation from the circuit court to the district 152 court of appeal; amending s. 767.12, F.S.; 153 transferring jurisdiction of appeals of dangerous dog 154 classifications and penalties from the circuit court 155 to the district court of appeal; repealing s. 924.08, 156 F.S., relating to courts of appeal; providing an 157 effective date. 158 159 Be It Enacted by the Legislature of the State of Florida: 160 161
Section
Section 26.012, Florida Statutes, is amended to 162 read: 163 26.012 Jurisdiction of circuit court.— 164
(1) Circuit courts shall have jurisdiction of appeals from 165 county courts except: 166 (
a) Appeals of county court orders or judgments where the 167 amount in controversy is greater than $15,000. This paragraph is 168 repealed on January 1, 2023. 169 (
b) Appeals of county court orders or judgments declaring 170 invalid a state statute or a provision of the State 171 Constitution. 172 (
c) Orders or judgments of a county court which are 173 certified by the county court to the district court of appeal to 174
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 7 of 37 CODING: Words stricken are deletions; words underlined are additions. be of great public importance and which are accepted by the 175 district court of appeal for review. 176 177 Circuit courts shall have jurisdiction of appeals from final 178 administrative orders of local government code enforcement 179 boards. 180
(2) They shall have exclusive original jurisdiction: 181 (
a) In all actions at law not cognizable by the county 182 courts; 183 (
b) Of proceedings relating to the settlement of the 184 estates of decedents and minors, the granting of letters 185 testamentary, guardianship, involuntary hospitalization, the 186 determination of incompetency, and other jurisdiction usually 187 pertaining to courts of probate; 188 (
c) In all cases in equity including all cases relating to 189 juveniles except traffic offenses as provided in chapters 316 190 and 985; 191 (
d) Of all felonies and of all misdemeanors arising out of 192 the same circumstances as a felony which is also charged; 193 (
e) In all cases involving legality of any tax assessment 194 or toll or denial of refund, except as provided in s. 72.011; 195 (
f) In actions of ejectment; and 196 (
g) In all actions involving the title and boundaries of 197 real property. 198 (2)
(3) The circuit court may issue injunctions. 199 (3)
(4) The chief judge of a circuit may authorize a county 200 court judge to order emergency hospitalizations pursuant to
part 201 I of
chapter 394 in the absence from the county of the circuit 202 judge; and the county court judge shall have the power to issue 203
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 8 of 37 CODING: Words stricken are deletions; words underlined are additions. all temporary orders and temporary injunctions necessary or 204 proper to the complete exercise of such jurisdiction. 205 (4)
(5) A circuit court is a trial court. 206
Section
Section 26.57, Florida Statutes, is amended to 207 read: 208 26.57 Temporary designation of county court judge to 209 preside over circuit court cases.—A county court judge may be 210 designated on a temporary basis to preside over circuit court 211 cases by the Chief Justice of the Supreme Court upon 212 recommendation of the chief judge of the circuit. He or she may 213 be assigned to exercise all county and circuit court 214 jurisdiction in the county, except appeals from the county 215 court.
In addition, he or she may be required to perform the 216 duties of circuit judge in other counties of the circuit as time 217 may permit and as the need arises, as determined by the chief 218 judge of the circuit. A county court judge designated to preside 219 over circuit court cases shall receive the same salary as a 220 circuit court judge, to the extent that funds are specifically 221 appropriated by law for such purposes. 222
Section 3. Present subsections (2) and (3) of
section 223 28.241, Florida Statutes, are amended, and present subsections 224 (4) through (7) of that
section are renumbered as subsections 225 (3) through (6), respectively, to read: 226 28.241 Filing fees for trial and appellate proceedings.— 227
(2) Upon the institution of any appellate proceeding from 228 any lower court to the circuit court of any such county, 229 including appeals filed by a county or municipality as provided 230 in s. 34.041(5), or from the county or circuit court to an 231 appellate court of the state, the clerk shall charge and collect 232
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 9 of 37 CODING: Words stricken are deletions; words underlined are additions. from the party or parties instituting such appellate proceedings 233 a filing fee not to exceed $280, from which the clerk shall 234 remit $20 to the Department of Revenue for deposit into the 235 General Revenue Fund, for filing a notice of appeal from the 236 county court to the circuit court and, in addition to the filing 237 fee required under s. 25.241 or s. 35.22, $100 for filing a 238 notice of appeal from the county or circuit court to the 239 district court of appeal or to the Supreme Court.
If the party 240 is determined to be indigent, the clerk shall defer payment of 241 the fee otherwise required by this subsection. 242
(3) A filing fee may not be imposed upon a party for 243 responding by pleading, motion, or other paper to a civil or 244 criminal action, suit, or proceeding, or appeal in a circuit 245 court. 246
Section
Section 34.017, Florida Statutes, is repealed. 247
Section 5. Present subsections (5) and (6) of
section 248 34.041, Florida Statutes, are amended, and present subsections 249 (7) and (8) are renumbered as subsections (6) and (7), 250 respectively, to read: 251 34.041 Filing fees.— 252
(5) Upon the institution of any appellate proceeding from 253 the county court to the circuit court, including any appeal 254 filed by a county or municipality, the clerk shall charge and 255 collect filing fees as provided in s. 28.241(2) from the party 256 or parties instituting the appellate proceedings. If the party 257 is determined to be indigent, the clerk shall defer payment of 258 the fee. 259
(6) A charge or a fee may not be imposed upon a party for 260 responding by pleading, motion, or other paper to a civil or 261
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 10 of 37 CODING: Words stricken are deletions; words underlined are additions. criminal action, suit, or proceeding in a county court or to an 262 appeal to the circuit court. 263
Section
Section 35.065, Florida Statutes, is repealed. 264
Section
Section 162.11, Florida Statutes, is amended to 265 read: 266 162.11 Appeals.—An aggrieved party, including the local 267 governing body, may appeal a final administrative order of an 268 enforcement board to the district circuit court of appeal. The 269 Such an appeal may shall not be a hearing de novo but must shall 270 be limited to appellate review of the record created before the 271 enforcement board. An appeal must shall be filed within 30 days 272 after of the execution of the order to be appealed. 273
Section
Section 171.081, Florida Statutes, is amended to 274 read: 275 171.081 Appeal on annexation or contraction.— 276
(1) Any party affected who believes that he or she will 277 suffer material injury by reason of the failure of the municipal 278 governing body to comply with the procedures set forth in this 279
chapter for annexation or contraction or to meet the 280 requirements established for annexation or contraction as they 281 apply to his or her property may file a petition in the district 282 circuit court of appeal for the appellate district county in 283 which the municipality or municipalities are located seeking 284 review by certiorari. The action may be initiated at the party’s 285 option within 30 days following the passage of the annexation or 286 contraction ordinance or within 30 days following the completion 287 of the dispute resolution process in subsection (2).
In any 288 action instituted pursuant to this subsection, the complainant, 289 should he or she prevail, shall be entitled to reasonable costs 290
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 11 of 37 CODING: Words stricken are deletions; words underlined are additions. and attorney attorney’s fees. 291
(2) If the affected party is a governmental entity, no 292 later than 30 days following the passage of an annexation or 293 contraction ordinance, the governmental entity must initiate and 294 proceed through the conflict resolution procedures established 295 in
chapter 164. If there is a failure to resolve the conflict, 296 no later than 30 days following the conclusion of the procedures 297 established in
chapter 164, the governmental entity that 298 initiated the conflict resolution procedures may file a petition 299 in the district circuit court of appeal for the appellate 300 district county in which the municipality or municipalities are 301 located seeking review by certiorari. In any legal action 302 instituted pursuant to this subsection, the prevailing party is 303 entitled to reasonable costs and attorney attorney’s fees. 304
Section 9. Subsection (4) of
section 163.3215, Florida 305 Statutes, is amended to read: 306 163.3215 Standing to enforce local comprehensive plans 307 through development orders.— 308
(4) If a local government elects to adopt or has adopted an 309 ordinance establishing, at a minimum, the requirements listed in 310 this subsection, the sole method by which an aggrieved and 311 adversely affected party may challenge any decision of local 312 government granting or denying an application for a development 313 order, as defined in s. 163.3164, which materially alters the 314 use or density or intensity of use on a particular piece of 315 property, on the basis that it is not consistent with the 316 comprehensive plan adopted under this part, is by an appeal 317 filed by a petition for writ of certiorari filed in the district 318 circuit court of appeal within no later than 30 days after 319
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 12 of 37 CODING: Words stricken are deletions; words underlined are additions. following rendition of a development order or other written 320 decision of the local government, or when all local 321 administrative appeals, if any, are exhausted, whichever occurs 322 later. An action for injunctive or other relief may be joined 323 with the petition for certiorari. Principles of judicial or 324 administrative res judicata and collateral estoppel apply to 325 these proceedings. Minimum components of the local process are 326 as follows: 327 (
a) The local process must make provision for notice of an 328 application for a development order that materially alters the 329 use or density or intensity of use on a particular piece of 330 property, including notice by publication or mailed notice 331 consistent with the provisions of ss. 125.66(4)(b)2. and 3. and 332 166.041(3)(c)2.b. and c., and must require prominent posting at 333 the job site.
The notice must be given within 10 days after the 334 filing of an application for a development order; however, 335 notice under this subsection is not required for an application 336 for a building permit or any other official action of local 337 government which does not materially alter the use or density or 338 intensity of use on a particular piece of property.
The notice 339 must clearly delineate that an aggrieved or adversely affected 340 person has the right to request a quasi-judicial hearing before 341 the local government for which the application is made, must 342 explain the conditions precedent to the appeal of any 343 development order ultimately rendered upon the application, and 344 must specify the location where written procedures can be 345 obtained that describe the process, including how to initiate 346 the quasi-judicial process, the timeframes for initiating the 347 process, and the location of the hearing. The process may 348
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 13 of 37 CODING: Words stricken are deletions; words underlined are additions. include an opportunity for an alternative dispute resolution. 349 (
b) The local process must provide a clear point of entry 350 consisting of a written preliminary decision, at a time and in a 351 manner to be established in the local ordinance, with the time 352 to request a quasi-judicial hearing running from the issuance of 353 the written preliminary decision; the local government, however, 354 is not bound by the preliminary decision. A party may request a 355 hearing to challenge or support a preliminary decision. 356 (
c) The local process must provide an opportunity for 357 participation in the process by an aggrieved or adversely 358 affected party, allowing a reasonable time for the party to 359 prepare and present a case for the quasi-judicial hearing. 360 (
d) The local process must provide, at a minimum, an 361 opportunity for the disclosure of witnesses and exhibits prior 362 to hearing and an opportunity for the depositions of witnesses 363 to be taken. 364 (
e) The local process may not require that a party be 365 represented by an attorney in order to participate in a hearing. 366 (
f) The local process must provide for a quasi-judicial 367 hearing before an impartial special master who is an attorney 368 who has at least 5 years’ experience and who shall, at the 369 conclusion of the hearing, recommend written findings of fact 370 and conclusions of law. The special master shall have the power 371 to swear witnesses and take their testimony under oath, to issue 372 subpoenas and other orders regarding the conduct of the 373 proceedings, and to compel entry upon the land.
The standard of 374 review applied by the special master in determining whether a 375 proposed development order is consistent with the comprehensive 376 plan shall be strict scrutiny in accordance with Florida law. 377
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g) At the quasi-judicial hearing, all parties must have 378 the opportunity to respond, to present evidence and argument on 379 all issues involved which are related to the development order, 380 and to conduct cross-examination and submit rebuttal evidence. 381 Public testimony must be allowed. 382 (
h) The local process must provide for a duly noticed 383 public hearing before the local government at which public 384 testimony is allowed. At the quasi-judicial hearing, the local 385 government is bound by the special master’s findings of fact 386 unless the findings of fact are not supported by competent 387 substantial evidence. The governing body may modify the 388 conclusions of law if it finds that the special master’s 389 application or
interpretation of law is erroneous. The governing 390 body may make reasonable legal
interpretations of its 391 comprehensive plan and land development regulations without 392 regard to whether the special master’s
interpretation is labeled 393 as a finding of fact or a conclusion of law. The local 394 government’s final decision must be reduced to writing, 395 including the findings of fact and conclusions of law, and is 396 not considered rendered or final until officially date-stamped 397 by the city or county clerk. 398 (
i) An ex parte communication relating to the merits of the 399 matter under review may not be made to the special master. An ex 400 parte communication relating to the merits of the matter under 401 review may not be made to the governing body after a time to be 402 established by the local ordinance, which time must be no later 403 than receipt of the special master’s recommended order by the 404 governing body. 405 (
j) At the option of the local government, the process may 406
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 15 of 37 CODING: Words stricken are deletions; words underlined are additions. require actions to challenge the consistency of a development 407 order with land development regulations to be brought in the 408 same proceeding. 409
Section 10. Paragraph (
b) of subsection (2) of
section 410 189.041, Florida Statutes, is amended to read: 411 189.041 Elections; special requirements and procedures for 412 districts with governing bodies elected on a one-acre/one-vote 413 basis.— 414
(2) POPULAR ELECTIONS; REFERENDUM; DESIGNATION OF URBAN 415 AREAS.— 416 (
b) Designation of urban areas.— 417 1. Within 30 days after approval of the election process 418 described in this subsection by qualified electors of the 419 district, the governing body shall direct the district staff to 420 prepare and present maps of the district describing the extent 421 and location of all urban areas within the district. Such 422 determination shall be based upon the criteria contained within 423 paragraph (1)(b). 424 2.
Within 60 days after approval of the election process 425 described in this subsection by qualified electors of the 426 district, the maps describing urban areas within the district 427 shall be presented to the governing body. 428 3. Any district landowner or elector may contest the 429 accuracy of the urban area maps prepared by the district staff 430 within 30 days after submission to the governing body.
Upon 431 notice of objection to the maps, the governing body shall 432 request the county engineer to prepare and present maps of the 433 district describing the extent and location of all urban areas 434 within the district. Such determination shall be based upon the 435
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 16 of 37 CODING: Words stricken are deletions; words underlined are additions. criteria contained within paragraph (1)(b). Within 30 days after 436 the governing body request, the county engineer shall present 437 the maps to the governing body. 438 4. Upon presentation of the maps by the county engineer, 439 the governing body shall compare the maps submitted by both the 440 district staff and the county engineer and make a determination 441 as to which set of maps to adopt.
Within 60 days after 442 presentation of all such maps, the governing body may amend and 443 shall adopt the official maps at a regularly scheduled meeting 444 of the governing body. 445 5. Any district landowner or qualified elector may contest 446 the accuracy of the urban area maps adopted by the governing 447 body within 30 days after adoption by petition to the district 448 circuit court of appeal with jurisdiction over the district. 449 Accuracy shall be determined pursuant to paragraph (1)(b).
Any 450 petitions so filed shall be heard expeditiously, and the maps 451 shall either be approved or approved with necessary amendments 452 to render the maps accurate and shall be certified to the 453 governing body. 454 6.
Upon adoption by the governing body or certification by 455 the court, the district urban area maps shall serve as the 456 official maps for determination of the extent of urban area 457 within the district and the number of governing body members to 458 be elected by qualified electors and by the one-acre/one-vote 459 principle at the next regularly scheduled election of governing 460 body members. 461 7. Upon a determination of the percentage of urban area 462 within the district as compared with total area within the 463 district, the governing body shall order elections in accordance 464
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 17 of 37 CODING: Words stricken are deletions; words underlined are additions. with the percentages pursuant to paragraph (3)(a). The 465 landowners’ meeting date shall be designated by the governing 466 body. 467 8. The maps shall be updated and readopted every 5 years or 468 sooner in the discretion of the governing body. 469
Section 11. Subsection (6) of
section 190.046, Florida 470 Statutes, is amended to read: 471 190.046 Termination, contraction, or expansion of 472 district.— 473
(6) No later than 30 days following the adoption of a 474 transfer plan ordinance, the board of supervisors may file, in 475 the appropriate district circuit court of appeal for the county 476 in which the local general-purpose government that adopted the 477 ordinance is located, a petition seeking review by certiorari of 478 the factual and legal basis for the adoption of the transfer 479 plan ordinance. 480
Section 12. Paragraphs (
a) and (
b) of subsection (1) of 481
section 255.20, Florida Statutes, are amended to read: 482 255.20 Local bids and contracts for public construction 483 works; specification of state-produced lumber.— 484
(1) A county, municipality, special district as defined in 485
chapter 189, or other political subdivision of the state seeking 486 to construct or improve a public building, structure, or other 487 public construction works must competitively award to an 488 appropriately licensed contractor each project that is estimated 489 in accordance with generally accepted cost-accounting principles 490 to cost more than $300,000. For electrical work, the local 491 government must competitively award to an appropriately licensed 492 contractor each project that is estimated in accordance with 493
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 18 of 37 CODING: Words stricken are deletions; words underlined are additions. generally accepted cost-accounting principles to cost more than 494 $75,000. As used in this section, the term “competitively award” 495 means to award contracts based on the submission of sealed bids, 496 proposals submitted in response to a request for proposal, 497 proposals submitted in response to a request for qualifications, 498 or proposals submitted for competitive negotiation.
This 499 subsection expressly allows contracts for construction 500 management services, design/build contracts, continuation 501 contracts based on unit prices, and any other contract 502 arrangement with a private sector contractor permitted by any 503 applicable municipal or county ordinance, by district 504 resolution, or by state law. For purposes of this section, cost 505 includes the cost of all labor, except inmate labor, and the 506 cost of equipment and materials to be used in the construction 507 of the project.
Subject to the provisions of subsection (3), the 508 county, municipality, special district, or other political 509 subdivision may establish, by municipal or county ordinance or 510 special district resolution, procedures for conducting the 511 bidding process. 512 (
a) Notwithstanding any other law, a governmental entity 513 seeking to construct or improve bridges, roads, streets, 514 highways, or railroads, and services incidental thereto, at a 515 cost in excess of $250,000 may require that persons interested 516 in performing work under contract first be certified or 517 qualified to perform such work. A contractor may be considered 518 ineligible to bid if the contractor is behind by 10 percent or 519 more on completing an approved progress
schedule for the 520 governmental entity at the time of advertising the work. A 521 prequalified contractor considered eligible by the Department of 522
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 19 of 37 CODING: Words stricken are deletions; words underlined are additions. Transportation to bid to perform the type of work described 523 under the contract is presumed to be qualified to perform the 524 work described. The governmental entity may provide an appeal 525 process to overcome that presumption with de novo review based 526 on the record below to the district circuit court of appeal. 527 (
b) For contractors who are not prequalified by the 528 Department of Transportation, the governmental entity shall 529 publish prequalification criteria and procedures prior to 530 advertisement or notice of solicitation. Such publications must 531 include notice of a public hearing for comment on such criteria 532 and procedures prior to adoption. The procedures must provide 533 for an appeal process within the authority for making objections 534 to the prequalification process with de novo review based on the 535 record below to the district circuit court of appeal within 30 536 days. 537
Section
Section 318.16, Florida Statutes, is amended to 538 read: 539 318.16 Appeals; stay orders; procedures.— 540
(1) If a person is found to have committed an infraction by 541 the hearing official, he or she may appeal that finding to the 542 district circuit court of appeal. An appeal under this 543 subsection does shall not operate to stay the reporting 544 requirements of s. 318.14(7) or to stay appropriate action by 545 the department upon receipt of that report. 546
(2) The district circuit court of appeal, upon application 547 by the appellant, may: 548 (
a) Order a stay of any action by the department during 549 pendency of the appeal, but not to exceed a period of 60 days. A 550 copy of the order shall be forwarded to the department. 551
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b) Deny the application. 552
Section
Section 318.33, Florida Statutes, is amended to 553 read: 554 318.33 Appeals.—Decisions of the hearing officer are 555 appealable to the district court of appeal in the manner 556 prescribed by the Florida Rules of Appellate Procedure, under 557 the rules of court, to the circuit court. Appeals must shall be 558 based upon the record of the hearing before the hearing officer 559 and may shall not be hearings de novo. Appellants are 560 responsible for producing the record of the hearing beyond that 561 which normally results from the civil traffic infraction hearing 562 process. 563
Section 15. Subsection (7) of
section 320.781, Florida 564 Statutes, is amended to read: 565 320.781 Mobile Home and Recreational Vehicle Protection 566 Trust Fund.— 567
(7) Within 90 days after receipt of the application and 568 verified claim, the department shall issue its determination on 569 the claim. The Such determination is shall not be subject to the 570 provisions of
chapter 120, but is shall be reviewable only by 571 writ of certiorari in the district court of appeal circuit court 572 in the county in which the claimant resides in the manner and 573 within the time provided by the Florida Rules of Appellate 574 Procedure. The claim must be paid within 45 days after the 575 determination, or, if judicial review is sought, within 45 days 576 after the review becomes final. A person may not be paid an 577 amount from the fund in excess of $25,000 per mobile home or 578 recreational vehicle, which includes any damages, restitution, 579 payments received as the result of a claim against the surety 580
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 21 of 37 CODING: Words stricken are deletions; words underlined are additions. bond, or expenses, including reasonable attorney attorney’s 581 fees. Prior to payment, the person must execute an assignment to 582 the department of all the person’s rights and title to, and 583 interest in, the unsatisfied judgment and judgment lien or the 584 claim against the dealer or broker and its surety. 585
Section 16. Subsection (2) of
section 321.051, Florida 586 Statutes, is amended to read: 587 321.051 Florida Highway Patrol wrecker operator system; 588 penalties for operation outside of system.— 589
(2) The Division of Florida Highway Patrol of the 590 Department of Highway Safety and Motor Vehicles may is 591 authorized to establish within areas designated by the patrol a 592 wrecker operator system using qualified, reputable wrecker 593 operators for removal and storage of wrecked or disabled 594 vehicles from a crash scene or for removal and storage of 595 abandoned vehicles, if in the event the owner or operator is 596 incapacitated or unavailable or leaves the procurement of 597 wrecker service to the officer at the scene.
All reputable 598 wrecker operators are shall be eligible to participate for use 599 in the system provided their equipment and drivers meet 600 recognized safety qualifications and mechanical standards set by 601 rules of the Division of Florida Highway Patrol for the size of 602 vehicle it is designed to handle. The division may is authorized 603 to limit the number of wrecker operators participating in the 604 wrecker operator system, which authority shall not affect 605 wrecker operators currently participating in the system 606 established by this section.
The division may is authorized to 607 establish maximum rates for the towing and storage of vehicles 608 removed at the division’s request, where the such rates have not 609
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 22 of 37 CODING: Words stricken are deletions; words underlined are additions. been set by a county or municipality pursuant to s. 125.0103 or 610 s. 166.043. The Such rates are shall not be considered rules for 611 the purpose of
chapter 120; however, the department shall 612 establish by rule a procedure for setting the such rates. Any 613 provision in
chapter 120 to the contrary notwithstanding, a 614 final order of the department denying, suspending, or revoking a 615 wrecker operator’s participation in the system is shall be 616 reviewable in the manner and within the time provided by the 617 Florida Rules of Appellate Procedure only by a writ of 618 certiorari issued by the district circuit court of appeal in the 619 county wherein such wrecker operator resides. 620
Section
Section 322.272, Florida Statutes, is amended 621 to read: 622 322.272 Supersedeas.—The filing of a petition for 623 certiorari to the district circuit court of appeal does not 624 itself stay the enforcement of the suspension, revocation, or 625 cancellation of license. The department may order a stay of 626 enforcement upon appropriate terms and conditions. 627
Section
Section 322.31, Florida Statutes, is amended to 628 read: 629 322.31 Right of review.—The final orders and rulings of the 630 department by which wherein any person is denied a license, or 631 by which where such license has been canceled, suspended, or 632 revoked, are shall be reviewable in the manner and within the 633 time provided by the Florida Rules of Appellate Procedure only 634 by a writ of certiorari issued by the district circuit court of 635 appeal in the county wherein such person shall reside, in the 636 manner prescribed by the Florida Rules of Appellate Procedure, 637 any provision in
chapter 120 to the contrary notwithstanding. 638
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Section 19. Subsection (13) of
section 322.64, Florida 639 Statutes, is amended to read: 640 322.64 Holder of commercial driver license; persons 641 operating a commercial motor vehicle; driving with unlawful 642 blood-alcohol level; refusal to submit to breath, urine, or 643 blood test.— 644
(13) A person may appeal any decision of the department 645 sustaining the disqualification from operating a commercial 646 motor vehicle by a petition for writ of certiorari to the 647 district circuit court of appeal for the appellate district for 648 in the county in which the wherein such person resides or in 649 which wherein a formal or informal review was conducted pursuant 650 to s. 322.31. However, an appeal does shall not stay the 651 disqualification. This subsection does shall not be construed to 652 provide for a de novo review. 653
Section 20. Subsection (7) of
section 327.73, Florida 654 Statutes, is amended to read: 655 327.73 Noncriminal infractions.— 656
(7) If a person is found by the hearing official to have 657 committed an infraction, he or she may appeal that finding to 658 the district circuit court of appeal. 659
Section 21. Subsection (1) of
section 333.11, Florida 660 Statutes, is amended to read: 661 333.11 Judicial review.— 662
(1) Any person, political subdivision, or joint airport 663 zoning board affected by a decision of a political subdivision 664 or its administrative agency may apply for judicial relief to 665 the district circuit court of appeal for the appellate district 666 in which in the judicial circuit where the political subdivision 667
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 24 of 37 CODING: Words stricken are deletions; words underlined are additions. is located within 30 days after rendition of the decision. 668 Review shall be by petition for writ of certiorari, which shall 669 be governed by the Florida Rules of Appellate Procedure. 670
Section 22. Subsection (5) of
section 336.41, Florida 671 Statutes, is amended to read: 672 336.41 Counties; employing labor and providing road 673 equipment; accounting; when competitive bidding required.— 674 (5)(
a) For contracts in excess of $250,000, any county may 675 require that persons interested in performing work under the 676 contract first be certified or qualified to do the work. Any 677 contractor prequalified and considered eligible to bid by the 678 department to perform the type of work described under the 679 contract shall be presumed to be qualified to perform the work 680 so described. Any contractor may be considered ineligible to bid 681 by the county if the contractor is behind an approved progress 682
schedule by 10 percent or more on another project for that 683 county at the time of the advertisement of the work. The county 684 may provide an appeal process to overcome such consideration 685 with de novo review based on the record below to the district 686 circuit court of appeal. 687 (
b) The county shall publish prequalification criteria and 688 procedures prior to advertisement or notice of solicitation. The 689 Such publications must shall include notice of a public hearing 690 for comment on the such criteria and procedures prior to 691 adoption. The procedures must shall provide for an appeal 692 process within the county for objections to the prequalification 693 process with de novo review based on the record below to the 694 district circuit court of appeal. 695 (
c) The county shall also publish for comment, prior to 696
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 25 of 37 CODING: Words stricken are deletions; words underlined are additions. adoption, the selection criteria and procedures to be used by 697 the county if the such procedures would allow selection of other 698 than the lowest responsible bidder. The selection criteria must 699 shall include an appeal process within the county with de novo 700 review based on the record below to the district circuit court 701 of appeal. 702
Section 23. Subsection (9) of
section 337.14, Florida 703 Statutes, is amended to read: 704 337.14 Application for qualification; certificate of 705 qualification; restrictions; request for hearing.— 706 (9)(
a) Notwithstanding any other law to the contrary, for 707 contracts in excess of $250,000, an authority created pursuant 708 to
chapter 348 or
chapter 349 may require that persons 709 interested in performing work under contract first be certified 710 or qualified to do the work. Any contractor may be considered 711 ineligible to bid by the governmental entity or authority if the 712 contractor is behind an approved progress
schedule for the 713 governmental entity or authority by 10 percent or more at the 714 time of advertisement of the work. Any contractor prequalified 715 and considered eligible by the department to bid to perform the 716 type of work described under the contract shall be presumed to 717 be qualified to perform the work so described. The governmental 718 entity or authority may provide an appeal process to overcome 719 that presumption with de novo review based on the record below 720 to the district circuit court of appeal. 721 (
b) With respect to contractors not prequalified with the 722 department, the authority shall publish prequalification 723 criteria and procedures prior to advertisement or notice of 724 solicitation. The Such publications must shall include notice of 725
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 26 of 37 CODING: Words stricken are deletions; words underlined are additions. a public hearing for comment on the such criteria and procedures 726 prior to adoption. The procedures must shall provide for an 727 appeal process within the authority for objections to the 728 prequalification process with de novo review based on the record 729 below to the district circuit court of appeal within 30 days. 730 (
c) An authority may establish criteria and procedures 731 under which contractor selection may occur on a basis other than 732 the lowest responsible bidder. Prior to adoption, the authority 733 shall publish for comment the proposed criteria and procedures. 734 Review of the adopted criteria and procedures shall be to the 735 district circuit court of appeal, within 30 days after adoption, 736 with de novo review based on the record below. 737
Section 24. Subsection (3) of
section 337.404, Florida 738 Statutes, is amended to read: 739 337.404 Removal or relocation of utility facilities; notice 740 and order; court review.— 741
(3) The owner may obtain judicial review of the final order 742 of the authority within the time and in the manner provided by 743 the Florida Rules of Appellate Procedure by filing in the 744 district circuit court of appeal for the appellate district the 745 county in which the utility was relocated a petition for a writ 746 of certiorari in the manner prescribed by the appellate said 747 rules or in the manner provided by
chapter 120 if when the 748 respondent is an agency for purposes of
chapter 120. 749
Section 25. Paragraph (
g) of subsection (5) of
section 750 376.065, Florida Statutes, is amended to read: 751 376.065 Operation of terminal facility without discharge 752 prevention and response certificate prohibited; penalty.— 753 (5) 754
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g) A person who is found by the hearing official to have 755 committed an infraction may appeal that finding to the district 756 circuit court of appeal. 757
Section 26. Paragraph (
f) of subsection (3) of
section 758 376.07, Florida Statutes, is amended to read: 759 376.07 Regulatory powers of department; penalties for 760 inadequate booming by terminal facilities.— 761
(3) The department shall not require vessels to maintain 762 discharge prevention gear, holding tanks, and containment gear 763 which exceed federal requirements. However, a terminal facility 764 transferring heavy oil to or from a vessel with a heavy oil 765 storage capacity greater than 10,000 gallons shall be required, 766 considering existing weather and tidal conditions, to adequately 767 boom or seal off the transfer area during a transfer, including, 768 but not limited to, a bunkering operation, to minimize the 769 escape of such pollutants from the containment area.
As used in 770 this subsection, the term “adequate booming” means booming with 771 proper containment equipment which is employed and located for 772 the purpose of preventing, for the most likely discharge, as 773 much of the pollutant as possible from escaping out of the 774 containment area. 775 (
f) A person who is found by the hearing official to have 776 committed an infraction may appeal that finding to the district 777 circuit court of appeal. 778
Section 27. Paragraph (
g) of subsection (2) of
section 779 376.071, Florida Statutes, is amended to read: 780 376.071 Discharge contingency plan for vessels.— 781 (2) 782 (
g) A person who is found by the hearing official to have 783
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 28 of 37 CODING: Words stricken are deletions; words underlined are additions. committed an infraction may appeal that finding to the district 784 circuit court of appeal. 785
Section 28. Subsection (10) of
section 376.16, Florida 786 Statutes, is amended to read: 787 376.16 Enforcement and penalties.— 788
(10) A person who is found by a hearing official to have 789 committed an infraction may appeal that finding to the district 790 circuit court of appeal. 791
Section 29. Paragraph (
h) of subsection (1) of
section 792 379.401, Florida Statutes, is amended to read: 793 379.401 Penalties and violations; civil penalties for 794 noncriminal infractions; criminal penalties; suspension and 795 forfeiture of licenses and permits.— 796
(1) LEVEL ONE VIOLATIONS.— 797 (
h) A person who elects to appear before the county court 798 or who is required to appear before the county court shall be 799 deemed to have waived the limitations on civil penalties 800 provided under paragraphs (
c) and (d). After a hearing, the 801 county court shall determine if a Level One violation has been 802 committed, and if so, may impose a civil penalty of not less 803 than $50 for a first-time violation, and not more than $500 for 804 subsequent violations. A person found guilty of committing a 805 Level One violation may appeal that finding to the district 806 circuit court of appeal. The commission of a violation must be 807 proved beyond a reasonable doubt. 808
Section 30. Paragraph (
j) of subsection (1) of
section 809 379.4015, Florida Statutes, is amended to read: 810 379.4015 Nonnative and captive wildlife penalties.— 811
(1) LEVEL ONE.—Unless otherwise provided by law, the 812
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 29 of 37 CODING: Words stricken are deletions; words underlined are additions. following classifications and penalties apply: 813 (
j) If a person is found by the hearing official to have 814 committed an infraction, she or he may appeal that finding to 815 the district circuit court of appeal. 816
Section 31. Paragraph (
a) of subsection (2) of
section 817 379.412, Florida Statutes, is amended to read: 818 379.412 Penalties for feeding wildlife and freshwater 819 fish.— 820
(2) A person who violates a prohibition or restriction 821 identified in subsection (1): 822 (
a) For a first violation, commits a noncriminal 823 infraction, punishable by a civil penalty of $100. 824 1. A person cited for a violation under this paragraph 825 shall sign and accept a citation to appear before the county 826 court. The issuing officer may indicate on the citation the time 827 and location of the scheduled hearing and shall indicate the 828 applicable civil penalty. 829 2. A person cited for a violation may pay the civil penalty 830 by mail or in person within 30 days after receipt of the 831 citation.
If the civil penalty is paid, the person is deemed to 832 have admitted committing the violation and to have waived his or 833 her right to a hearing before the county court. The Such 834 admission may not be used as evidence in any other proceedings 835 except to determine the appropriate fine for any subsequent 836 violations. 837 3. A person who refuses to accept a citation, who fails to 838 pay the civil penalty for a violation, or who fails to appear 839 before a county court as required commits a misdemeanor of the 840 second degree, punishable as provided in s. 775.082 or s. 841
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 30 of 37 CODING: Words stricken are deletions; words underlined are additions. 775.083. 842 4. A person who elects to appear before the county court or 843 who is required to appear before the county court is deemed to 844 have waived the limitations on civil penalties provided under 845 this paragraph. After a hearing, the county court shall 846 determine if a violation has been committed, and if so, may 847 impose a civil penalty of not less than $100.
A person found 848 guilty of committing a violation may appeal that finding to the 849 district circuit court of appeal. The commission of a violation 850 must be proved beyond a reasonable doubt. 851
Section 32. Paragraph (
a) of subsection (2) of
section 852 408.40, Florida Statutes, is amended to read: 853 408.40 Public Counsel.— 854
(2) The Public Counsel shall: 855 (
a) Recommend to the agency, by petition, the commencement 856 of any proceeding or action or to appear, in the name of the 857 state or its citizens, in any proceeding or action before the 858 agency and urge therein any position that he or she deems to be 859 in the public interest, whether consistent or inconsistent with 860 positions previously adopted by the agency, and use therein all 861 forms of discovery available to attorneys in civil actions 862 generally, subject to protective orders of the agency, which are 863 shall be reviewable by
summary procedure in the appellate 864 circuit courts of this state. 865
Section 33. Paragraph (
j) of subsection (5) of
section 866 489.127, Florida Statutes, is amended to read: 867 489.127 Prohibitions; penalties.— 868
(5) Each county or municipality may, at its option, 869 designate one or more of its code enforcement officers, as 870
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chapter 162, to enforce, as set out in this 871 subsection, the provisions of subsection (1) and s. 489.132(1) 872 against persons who engage in activity for which a county or 873 municipal certificate of competency or license or state 874 certification or registration is required. 875 (
j) An aggrieved party, including the local governing body, 876 may appeal a final administrative order of an enforcement board 877 or licensing board or designated special magistrate to the 878 district circuit court of appeal. The Such an appeal may shall 879 not be a hearing de novo but must shall be limited to appellate 880 review of the record created before the enforcement board or 881 licensing board or designated special magistrate. An appeal must 882 shall be filed within 30 days after of the execution of the 883 order to be appealed. 884
Section 34. Paragraph (
j) of subsection (4) of
section 885 489.531, Florida Statutes, is amended to read: 886 489.531 Prohibitions; penalties.— 887
(4) Each county or municipality may, at its option, 888 designate one or more of its code enforcement officers, as 889 defined in
chapter 162, to enforce, as set out in this 890 subsection, the provisions of subsection (1) against persons who 891 engage in activity for which county or municipal certification 892 is required. 893 (
j) An aggrieved party, including the local governing body, 894 may appeal a final administrative order of an enforcement or 895 licensing board or designated special magistrate to the district 896 circuit court of appeal. The Such an appeal may shall not be a 897 hearing de novo but must shall be limited to appellate review of 898 the record created before the enforcement or licensing board or 899
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 32 of 37 CODING: Words stricken are deletions; words underlined are additions. designated special magistrate. An appeal must shall be filed 900 within 30 days of the execution of the order to be appealed. 901
Section 35. Paragraphs (
h) and (
i) of subsection (1) of 902
section 556.107, Florida Statutes, are amended to read: 903 556.107 Violations.— 904
(1) NONCRIMINAL INFRACTIONS.— 905 (
h) If a person is found by a judge or hearing official to 906 have committed an infraction, the person may appeal that finding 907 to the district circuit court of appeal. 908 (
i) Sunshine State One-Call of Florida, Inc., may, at its 909 own cost, retain an attorney to assist in the presentation of 910 relevant facts and law in the county court proceeding pertaining 911 to the citation issued under this section. The corporation may 912 also appear in any case appealed to the district circuit court 913 of appeal if a county court judge finds that an infraction of 914 the
chapter was committed. An appellant in the circuit court 915 proceeding shall timely notify the corporation of any appeal 916 under this section. 917
Section 36. Subsection (6) of
section 569.005, Florida 918 Statutes, is amended to read: 919 569.005 Operating without a retail tobacco products dealer 920 permit; penalty.— 921
(6) If a person is found by the court to have committed the 922 infraction, that person may appeal that finding to the district 923 circuit court of appeal. 924
Section
Section 605.0716, Florida Statutes, is amended 925 to read: 926 605.0716 Judicial review of denial of reinstatement.— 927
(1) If the department denies a limited liability company’s 928
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 33 of 37 CODING: Words stricken are deletions; words underlined are additions. application for reinstatement after administrative dissolution, 929 the department shall serve the company with a notice in a record 930 that explains the reason or reasons for the denial. 931
(2) Within 30 days after service of a notice of denial of 932 reinstatement, a limited liability company may appeal the denial 933 to the First District Court of Appeal by petitioning the court 934 Circuit Court of Leon County to set aside the dissolution. The 935 petition must be served on the department and contain a copy of 936 the department’s notice of administrative dissolution, the 937 company’s application for reinstatement, and the department’s 938 notice of denial. 939
(3) The circuit court may order the department to reinstate 940 a dissolved limited liability company or take other action the 941 court considers appropriate. 942
(4) The circuit court’s final decision may be appealed as 943 in other civil proceedings. 944
Section
Section 605.09091, Florida Statutes, is amended 945 to read: 946 605.09091 Judicial review of denial of reinstatement.— 947
(1) If the department denies a foreign limited liability 948 company’s application for reinstatement after revocation of its 949 certificate of authority, the department shall serve the foreign 950 limited liability company, pursuant to s. 605.0117(7), with a 951 written notice that explains the reason or reasons for the 952 denial. 953
(2) Within 30 days after service of a notice of denial of 954 reinstatement, a foreign limited liability company may appeal 955 the denial to the First District Court of Appeal by petitioning 956 the court Circuit Court of Leon County to set aside the 957
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 34 of 37 CODING: Words stricken are deletions; words underlined are additions. revocation. The petition must be served on the department and 958 must contain a copy of the department’s notice of revocation, 959 the foreign limited liability company’s application for 960 reinstatement, and the department’s notice of denial. 961
(3) The circuit court may order the department to reinstate 962 the certificate of authority of the foreign limited liability 963 company or take other action the court considers appropriate. 964
(4) The circuit court’s final decision may be appealed as 965 in other civil proceedings. 966
Section
Section 607.0126, Florida Statutes, is amended 967 to read: 968 607.0126 Appeal from department’s refusal to file 969 document.—If the department refuses to file a document delivered 970 to its office for filing, the person who submitted the document 971 for filing may petition the First District Court of Appeal 972 Circuit Court of Leon County to compel filing of the document. 973 The document and the explanation from the department of the 974 refusal to file must be attached to the petition. The court may 975 decide the matter in a
summary proceeding, and the court may 976 summarily order the department to file the document or take 977 other action the court considers appropriate. The court’s final 978 decision may be appealed as in other civil proceedings. 979
Section 40. Subsection (2) of
section 607.1423, Florida 980 Statutes, is amended to read: 981 607.1423 Judicial review of denial of reinstatement.— 982
(2) Within 30 days after service of a notice of denial of 983 reinstatement, a corporation may appeal the denial by 984 petitioning the First District Court of Appeal Circuit Court of 985 Leon County to set aside the dissolution. The petition must be 986
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Section
Section 607.1532, Florida Statutes, is amended 991 to read: 992 607.1532 Judicial review of denial of reinstatement.— 993
(1) If the department denies a foreign corporation’s 994 application for reinstatement after revocation of its 995 certificate of authority, the department shall serve the foreign 996 corporation under s. 607.15101 with a written notice that 997 explains the reason or reasons for the denial. 998
(2) Within 30 days after service of a notice of denial of 999 reinstatement, a foreign corporation may appeal the denial by 1000 petitioning the First District Court of Appeal Circuit Court of 1001 Leon County to set aside the revocation. The petition must be 1002 served on the department and contain a copy of the department’s 1003 notice of revocation, the foreign corporation’s application for 1004 reinstatement, and the department’s notice of denial. 1005
(3) The circuit court may order the department to reinstate 1006 the certificate of authority of the foreign corporation or take 1007 other action the court considers appropriate. 1008
(4) The circuit court’s final decision may be appealed as 1009 in other civil proceedings. 1010
Section 42. Subsection (2) of
section 620.1811, Florida 1011 Statutes, is amended to read: 1012 620.1811 Appeal from denial of reinstatement.— 1013
(2) Within 30 days after service of the notice of denial, 1014 the limited partnership may appeal from the denial of 1015
Florida Senate - 2020 SB 1510 24-01569A-20 20201510__ Page 36 of 37 CODING: Words stricken are deletions; words underlined are additions. reinstatement by petitioning the district circuit court of 1016 appeal to set aside the dissolution. The petition must be served 1017 on the Department of State and contain a copy of the Department 1018 of State’s declaration of dissolution, the limited partnership’s 1019 application for reinstatement, and the Department of State’s 1020 notice of denial. 1021
Section 43. Subsection (1) of
section 717.1242, Florida 1022 Statutes, is amended to read: 1023 717.1242 Restatement of jurisdiction of the circuit court 1024 sitting in probate and the department.— 1025
(1) It is and has been the intent of the Legislature that, 1026 pursuant to s. 26.012(1)(
b) s. 26.012(2)(b), circuit courts have 1027 jurisdiction of proceedings relating to the settlement of the 1028 estates of decedents and other jurisdiction usually pertaining 1029 to courts of probate. It is and has been the intent of the 1030 Legislature that, pursuant to s. 717.124, the department 1031 determines the merits of claims for property paid or delivered 1032 to the department under this chapter. Consistent with this 1033 legislative intent, any estate or beneficiary, as defined in s. 1034 731.201, of an estate seeking to obtain property paid or 1035 delivered to the department under this
chapter must file a claim 1036 with the department as provided in s. 717.124. 1037
Section 44. Subsection (5) of
section 723.0612, Florida 1038 Statutes, is amended to read: 1039 723.0612 Change in use; relocation expenses; payments by 1040 park owner.— 1041
(5) Actions of the Florida Mobile Home Relocation 1042 Corporation under this
section are not subject to the provisions 1043 of
chapter 120 but are reviewable only by writ of certiorari in 1044
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Section 45. Subsection (4) of
section 767.12, Florida 1048 Statutes, is amended to read: 1049 767.12 Classification of dogs as dangerous; certification 1050 of registration; notice and hearing requirements; confinement of 1051 animal; exemption; appeals; unlawful acts.— 1052
(4) Upon a dangerous dog classification and penalty 1053 becoming final after a hearing or by operation of law pursuant 1054 to subsection (3), the animal control authority shall provide a 1055 written final order to the owner by registered mail, certified 1056 hand delivery or service. The owner may appeal the 1057 classification, penalty, or both, to the district circuit court 1058 of appeal in accordance with the Florida Rules of Appellate 1059 Procedure after receipt of the final order.
If the dog is not 1060 held by the animal control authority, the owner must confine the 1061 dog in a securely fenced or enclosed area pending resolution of 1062 the appeal. Each applicable local governing authority must 1063 establish appeal procedures that conform to this subsection. 1064