Title: Venue for Constitutional Challenges

Summary: Requiring the Clerk of the Supreme Court to use a blind, random selection process to determine venue for certain constitutional challenges under certain circumstances, etc.

Full Text:
An act relating to venue for constitutional challenges; amending s. 47.122, F.S.; requiring the Clerk of the Supreme Court to use a blind, random selection process to determine venue for certain constitutional challenges under certain circumstances; providing legislative intent; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 47.122, Florida Statutes, is amended to read: 47.122 Change of venue; convenience of parties or witnesses or in the interest of justice;actions challenging the constitutionality of a statute or a legislative action.  (1)  For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought. (2) When an action against either or both houses of the Legislature or another state entity, a member of the Legislature acting in his or her official capacity, or a statewide elected official is filed in the Second Judicial Circuit in and for Leon County, and such action challenges the constitutionality of a statute or a legislative action, unless the parties mutually agree upon a venue, the Clerk of the Supreme Court shall use a blind, random selection process to determine the circuit to which the case will be transferred, except when the Second Judicial Circuit is selected through the blind, random selection process as the venue. For purposes of this subsection, each trial court in this state is deemed to have proper jurisdiction over any action involving a constitutional challenge to which a state entity is a party. (3) It is the intent of the Legislature to ensure that a single trial court does not effectively have a monopoly over cases raising issues of statewide, constitutional importance. Section 2. This act shall take effect July 1, 2019.