reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title V - Judicial Branch › Chapter 34 - County Courts › 34.045 - Cost Recovery; Use of the County Court for Ordinance or Special Law Violations.

34.045 Cost recovery; use of the county court for ordinance or special law violations.—
(1)(a) In lieu of payment of a filing fee under s. 34.041, a filing fee of $10 shall be paid by a county or municipality when filing a violation of a county or municipal ordinance or a violation of a special law in county court. This fee shall be paid to the clerk of the court for performing court-related functions. A county or municipality is not required to pay more than one filing fee for a single filing against a single defendant that contains multiple alleged violations. A filing fee, other than that imposed under this section, may not be assessed for initiating an enforcement proceeding in county court for a violation of a county or municipal code or ordinance or a violation of a special law. The filing fee shall not apply to instances in which a county or municipality has contracted with the state, or has been delegated by the state, responsibility for enforcing state operations, policies, or requirements under s. 125.69, s. 166.0415, or chapter 162.
(b) No other filing fee may be assessed for filing the violation in county court. If a person contests the violation in court, the court shall assess $40 in costs against the nonprevailing party. The county or municipality shall be considered the prevailing party when there is a plea or finding of violation or guilt to any count or lesser included offense of the charge or companion case charges, regardless of adjudication. Costs recovered pursuant to this paragraph shall be deposited into the clerk’s fine and forfeiture fund established pursuant to s. 142.01.
(c) If the person does not contest the violation in court or if the county or municipality is the prevailing party, the court shall assess the person or nonprevailing party $10 for the filing fee provided in paragraph (a), which amount shall be forwarded to the county or municipality.
(2) To offset costs incurred by the clerks of the court in performing court-related functions associated with the processing of violations of special laws and municipal ordinances, 10 percent of the total amount of fines paid to each municipality for special law or ordinance violations filed in county court shall be retained by the clerk of the court for deposit into the clerk’s fine and forfeiture fund established pursuant to s. 142.01, except for fines a portion of which the clerk of the court retains pursuant to any other provision of state law.
History.—s. 33, ch. 2004-265; s. 22, ch. 2005-236.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 34 - County Courts › 34.07 - Sheriff to Be Executive Officer.

34.07 Sheriff to be executive officer.—The sheriff of the county shall serve and execute all civil and criminal processes of said court and do and perform all duties in and about said court, which are required to be performed by an executive officer.
History.—s. 12, ch. 3730, 1887; RS 1575, 2838; GS 2037, 3896; RGS 3329, 5993; CGL 5173, 8287.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 34 - County Courts › 34.08 - Compensation of Sheriff.

34.08 Compensation of sheriff.—The compensation of the sheriff for serving processes in cases in the county court, and for other services in connection therewith, shall be the same as that for like services in the circuit court.
History.—RS 2839; GS 3897; RGS 5994; CGL 8288.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 34 - County Courts › 34.13 - Method of Prosecution.

34.13 Method of prosecution.—
(1) All persons tried in the county court on any criminal charge shall be tried upon indictment by the grand jury, upon information filed by the prosecuting attorney, or upon affidavit or complaint.
(2) Upon the finding of indictments by the grand jury for crimes cognizable by the county court, the clerk of the court, without any order therefor, shall docket the same on the trial docket of the county court.
(3) The state attorney is authorized to sign affidavits before the judge of the county court when the state attorney has evidence to support such affidavit for a criminal charge over which such court has jurisdiction. The judge shall issue arrest warrants upon such affidavit as is done in all other cases. This procedure shall be cumulative to all other practice and procedure before such courts.
(4) Upon complaint made on affidavit to any county court that any misdemeanor has been committed, the county court judge may issue a warrant on the usual form, making it returnable before himself or herself or another county court judge.
(5) Municipal prosecutors may prosecute violations of municipal ordinances.
(6) Any circuit court clerk acting as clerk of the county court, or any deputy county court clerk appointed for the sole purpose of issuing arrest warrants, or any county court clerk, may, at municipal expense, administer an oath to and take affidavit of any person charging another person with a violation of a municipal ordinance and may issue a warrant on the usual form, making it returnable to the appropriate county court judge. The authority granted to a clerk or deputy clerk under this section shall be subordinate to that of any state judge.
History.—s. 9, ch. 3730, 1887; RS 2837; GS 3894; RGS 5989; CGL 8283; s. 13, ch. 72-404; s. 2, ch. 73-297; s. 197, ch. 95-147; s. 53, ch. 2003-402; s. 6, ch. 2013-25.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 34 - County Courts › 34.131 - To Be Open for Voluntary Pleas of Guilty.

34.131 To be open for voluntary pleas of guilty.—All county courts in this state, in addition to their regular trial terms as now provided by law, shall, at all times, Sundays excepted, be considered open for the reception of voluntary pleas of guilty in all criminal cases pending therein on information, indictment, affidavit, or complaint and for the rendition of judgments and passing of sentences, the same to be entered of record by the clerks of said courts as directed by said judges. And the judges of said courts, at all times, Sundays excepted, may receive such pleas of guilty, when voluntarily offered by the accused, and thereupon at once pronounce judgment of conviction and sentence upon such pleas and direct the entry of the same of record by the clerks of said courts.
History.—s. 2, ch. 4398, 1895; GS 3872; RGS 5967; CGL 8234; s. 1, ch. 24107, 1947; s. 17, ch. 73-333.
Note.—Former s. 32.08.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 34 - County Courts › 34.161 - Persons Convicted in County Court Allowed 48 Hours to Pay Fine Before Being Worked.

34.161 Persons convicted in county court allowed 48 hours to pay fine before being worked.—Any person convicted of crime in the county court who shall have a pecuniary fine or sum of money assessed or adjudged against him or her as punishment may, on being taken into custody by the proper officer of the court or prior to such arrest at any time within 48 hours from the time the person is sentenced, pay the said fine and cost or give the bail for the payment of such fine and cost of prosecution, as provided in s. 921.15; and such person convicted in the county court shall not be transferred or turned over to persons working the county prisoners until the expiration of 48 hours from the time such person was sentenced by the court.
History.—s. 14, ch. 72-404; s. 198, ch. 95-147.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 34 - County Courts › 34.181 - Branch Courts.

34.181 Branch courts.—
(1) Any municipality or county may apply to the chief judge of the circuit in which the municipality or county is situated for the county court to sit in a location suitable to the municipality or county and convenient in time and place to its citizens and police officers, and upon such application said chief judge shall direct the court to sit in the location unless he or she shall determine the request is not justified. If the chief judge does not authorize the county court to sit in the location requested, the county or municipality may apply to the Supreme Court for an order directing the county court to sit in such location.
(2) Any municipality or county which so applies shall be required to provide the appropriate physical facilities as defined in s. 29.008 in which the county court may hold court.
History.—s. 16, ch. 72-404; s. 199, ch. 95-147; s. 55, ch. 2003-402.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 34 - County Courts › 34.191 - Fines and Forfeitures; Dispositions.

34.191 Fines and forfeitures; dispositions.—
(1) All fines and forfeitures arising from offenses tried in the county court shall be collected and accounted for by the clerk of the court and, other than the charge provided in s. 318.1215, disbursed in accordance with ss. 28.2402, 34.045, 142.01, and 142.03 and subject to the provisions of s. 28.246(5) and (6). Notwithstanding the provisions of this section, all fines and forfeitures arising from operation of the provisions of s. 318.1215 shall be disbursed in accordance with that section.
(2) All fines and forfeitures received from violations of municipal ordinances committed within a municipality within the territorial jurisdiction of the county court, other than the charge provided in s. 318.1215, shall be paid monthly to the municipality except as provided in s. 28.2402(2), s. 34.045(2), s. 318.21, or s. 943.25. A municipality does not include the unincorporated areas, if any, of a government created pursuant to s. 6(e), Art. VIII of the State Constitution.
(3) All other fines and forfeitures collected by the clerk, other than the charge provided in s. 318.1215, shall be considered income of the office of the clerk for use in performing court-related duties of the office.
History.—ss. 1, 2, ch. 72-70; s. 17, ch. 72-404; s. 3, ch. 80-179; s. 3, ch. 83-215; s. 1, ch. 85-250; s. 1, ch. 85-255; s. 2, ch. 86-154; s. 3, ch. 96-350; s. 2, ch. 98-258; s. 56, ch. 2003-402; s. 34, ch. 2004-265; s. 6, ch. 2005-2; s. 23, ch. 2005-236.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.01 - District Courts of Appeal; Districts.

35.01 District courts of appeal; districts.—Six district courts of appeal are created, and the state is divided into six appellate districts of contiguous circuits.
History.—s. 1, ch. 57-248; s. 1, ch. 65-294; s. 1, ch. 79-413; s. 4, ch. 2022-163.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.02 - First Appellate District.

35.02 First Appellate District.—The First Appellate District is composed of the First, Second, Third, Eighth, and Fourteenth Judicial Circuits.
History.—s. 1, ch. 57-248; s. 1, ch. 65-294; s. 1, ch. 79-413; s. 5, ch. 2022-163.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.03 - Second Appellate District.

35.03 Second Appellate District.—The Second Appellate District is composed of the Sixth, Twelfth, and Thirteenth Judicial Circuits.
History.—s. 1, ch. 57-248; s. 1, ch. 65-294; s. 1, ch. 79-413; s. 6, ch. 2022-163.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.04 - Third Appellate District.

35.04 Third Appellate District.—The Third Appellate District is composed of the Eleventh and Sixteenth Judicial Circuits.
History.—s. 1, ch. 57-248; s. 1, ch. 65-294; s. 1, ch. 79-413.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.042 - Fourth Appellate District.

35.042 Fourth Appellate District.—The Fourth Appellate District is composed of the Fifteenth, Seventeenth, and Nineteenth Judicial Circuits.
History.—s. 2, ch. 65-294; s. 1, ch. 79-413.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.043 - Fifth Appellate District.

35.043 Fifth Appellate District.—The Fifth Appellate District is composed of the Fourth, Fifth, Seventh, and Eighteenth Judicial Circuits.
History.—s. 2, ch. 79-413; s. 7, ch. 2022-163.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.05 - Headquarters.

35.05 Headquarters.—
(1) The headquarters of the First Appellate District shall be in the Second Judicial Circuit, Tallahassee, Leon County; of the Second Appellate District in the Sixth Judicial Circuit, Pinellas County; of the Third Appellate District in the Eleventh Judicial Circuit, Miami-Dade County; of the Fourth Appellate District in the Fifteenth Judicial Circuit, Palm Beach County; of the Fifth Appellate District in the Seventh Judicial Circuit, Daytona Beach, Volusia County; and of the Sixth Appellate District in the Tenth Judicial Circuit, Lakeland, Polk County. Although each district must have a headquarters as set forth in this subsection, the Legislature intends for policies and practices to be implemented to encourage top applicants for judicial vacancies from throughout each entire district and to provide opportunities for remote workplaces for judges and staff who may not live near the headquarters of the district. Further, it is the intent of the Legislature to ensure that the district courts operate as efficiently as possible through the use of leading technologies and by adopting policies and practices that encourage innovation and workforce flexibility.
(2) A district court of appeal may designate other locations within its district as branch headquarters for the conduct of the business of the court and as the official headquarters of its officers or employees pursuant to s. 112.061.
History.—s. 1, ch. 57-248; s. 1, ch. 65-294; ss. 1, 2, 3, 4, ch. 67-29; s. 8, ch. 71-355; s. 3, ch. 79-413; s. 1, ch. 80-123; s. 22, ch. 2000-237; s. 11, ch. 2008-4; s. 7, ch. 2013-25; s. 9, ch. 2022-163.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.06 - Organization of District Courts of Appeal.

35.06 Organization of district courts of appeal.—A district court of appeal shall be organized in each of the six appellate districts to be named District Court of Appeal,   District. The number of judges of each district court of appeal shall be as follows:
(1) In the first district there shall be 13 judges.
(2) In the second district there shall be 15 judges.
(3) In the third district there shall be 10 judges.
(4) In the fourth district there shall be 12 judges.
(5) In the fifth district there shall be 12 judges.
(6) In the sixth district there shall be 9 judges.
History.—s. 1, ch. 57-248; s. 1, ch. 65-294; s. 1, ch. 67-11; s. 9, ch. 71-355; s. 3, ch. 76-175; s. 3, ch. 77-368; s. 3, ch. 79-312; s. 3, ch. 79-413; s. 4, ch. 80-164; s. 4, ch. 81-220; s. 4, ch. 82-238; s. 1, ch. 88-167; ss. 3, 10, ch. 89-290; s. 3, ch. 93-63; s. 5, ch. 99-151; s. 13, ch. 99-355; s. 12, ch. 2008-111; s. 1, ch. 2014-58; s. 10, ch. 2022-163.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.065 - Review of Judgment or Order Certified by County Court to Be of Great Public Importance.

35.065 Review of judgment or order certified by county court to be of great public importance.—Pursuant to s. 34.017, a district court of appeal may review any order or judgment of a county court which is certified by the county court to be of great public importance.
History.—s. 4, ch. 84-303; s. 7, ch. 2020-61.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.08 - Power to Execute Its Judgments.

35.08 Power to execute its judgments.—Each district court of appeal is vested with all the power and authority necessary for carrying into complete execution all of its judgments, decrees, orders, and determinations in the matters before it agreeable to the usage and principles of law.
History.—s. 1, ch. 57-248.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.15 - Decisions to Be Filed; Copies to Be Furnished.

35.15 Decisions to be filed; copies to be furnished.—All decisions and opinions delivered by the district courts of appeal, or any judge thereof, relating to any action or proceeding pending in such court must be filed in the office of the clerk and maintained in the control of the clerk. Such decisions and opinions may not be taken from the clerk’s maintenance or control except by order of the court; however, the clerk must furnish certified copies of such opinions and decisions to any person who makes such a request, upon receiving any required fees.
History.—s. 1, ch. 57-248; s. 200, ch. 95-147; s. 5, ch. 2021-230.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.23 - Location of Clerk’s Office.

35.23 Location of clerk’s office.—Each clerk shall have an office at the headquarters of the district court of appeal.
History.—s. 1, ch. 57-248; s. 203, ch. 95-147; s. 6, ch. 2021-230.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.24 - Maintenance of Books, Records, and Other Materials.

35.24 Maintenance of books, records, and other materials.—All books, papers, records, files and the seal of each district court of appeal shall be maintained by, and in the control of, the clerk of the court.
History.—s. 1, ch. 57-248; s. 7, ch. 2021-230.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.26 - Marshal of District Court; Appointment; Duties.

35.26 Marshal of district court; appointment; duties.—
(1) Each of the district courts of appeal shall appoint a marshal who shall hold office during the pleasure of the court.
(2) He or she shall have the power to execute the process of the court throughout the state, and in any county may deputize the sheriff or a deputy sheriff for such purpose.
(3) The marshal shall, under the direction of the district court of appeal be custodian of the headquarters occupied by the court and shall perform such other duties as directed by the court.
(4) The marshal and his or her assistants shall be the conservators of the peace in the headquarters of the district court of appeal, or in any building in which the district court of appeal is sitting, and shall apprehend, without warrant, any person disturbing the peace and deliver that person to the appropriate law enforcement officer of the municipality or county in which further proceedings may be held according to law.
(5) The marshal and his or her assistants shall attend and successfully complete a minimum standards training program approved by the Criminal Justice Standards and Training Commission within the Department of Law Enforcement.
History.—s. 1, ch. 57-248; s. 2, ch. 80-145; s. 5, ch. 83-167; s. 204, ch. 95-147; s. 4, ch. 95-325.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 35 - District Courts of Appeal › 35.28 - District Courts of Appeal Libraries.

35.28 District courts of appeal libraries.—The library of each of the district courts of appeal and its custodian shall be provided for by rule of the Supreme Court. Payment for books, equipment, supplies, and quarters as provided for in such rules shall be paid from funds appropriated for the district courts, on requisition drawn as provided by law.
History.—s. 1, ch. 57-248.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 38 - Judges: General Provisions › 38.01 - Disqualification When Judge Party; Effect of Attempted Judicial Acts.

38.01 Disqualification when judge party; effect of attempted judicial acts.—Every judge of this state who appears of record as a party to any cause before him or her shall be disqualified to act therein, and shall forthwith enter an order declaring himself or herself to be disqualified in said cause. Any and all attempted judicial acts by any judge so disqualified in a cause, whether done inadvertently or otherwise, shall be utterly null and void and of no effect. No judge shall be disqualified from sitting in the trial of any suit in which any county or municipal corporation is a party by reason that such judge is a resident or taxpayer within such county or municipal corporation.
History.—s. 2, ch. 16053, 1933; CGL 1936 Supp. 4155(1); s. 1, ch. 59-43; s. 205, ch. 95-147.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 38 - Judges: General Provisions › 38.02 - Suggestion of Disqualification; Grounds; Proceedings on Suggestion and Effect.

38.02 Suggestion of disqualification; grounds; proceedings on suggestion and effect.—In any cause in any of the courts of this state any party to said cause, or any person or corporation interested in the subject matter of such litigation, may at any time before final judgment, if the case be one at law, and at any time before final decree, if the case be one in chancery, show by a suggestion filed in the cause that the judge before whom the cause is pending, or some person related to said judge by consanguinity or affinity within the third degree, is a party thereto, or is interested in the result thereof, or that said judge is related to an attorney or counselor of record in said cause by consanguinity or affinity within the third degree, or that said judge is a material witness for or against one of the parties to said cause, but such an order shall not be subject to collateral attack. Such suggestions shall be filed in the cause within 30 days after the party filing the suggestion, or the party’s attorney, or attorneys, of record, or either of them, learned of such disqualification, otherwise the ground, or grounds, of disqualification shall be taken and considered as waived. If the truth of any suggestion appear from the record in said cause, the said judge shall forthwith enter an order reciting the filing of the suggestion, the grounds of his or her disqualification, and declaring himself or herself to be disqualified in said cause. If the truth of any such suggestion does not appear from the record in said cause, the judge may by order entered therein require the filing in the cause of affidavits touching the truth or falsity of such suggestion. If the judge finds that the suggestion is true, he or she shall forthwith enter an order reciting the ground of his or her disqualification and declaring himself or herself disqualified in the cause; if the judge finds that the suggestion is false, he or she shall forthwith enter the order so reciting and declaring himself or herself to be qualified in the cause. Any such order declaring a judge to be disqualified shall not be subject to collateral attack nor shall it be subject to review. Any such order declaring a judge qualified shall not be subject to collateral attack but shall be subject to review by the court having appellate jurisdiction of the cause in connection with which the order was entered.
History.—s. 3, ch. 16053, 1933; CGL 1936 Supp. 4155(2); s. 1, ch. 26890, 1951; s. 6, ch. 63-559; s. 206, ch. 95-147.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 38 - Judges: General Provisions › 38.03 - Waiver of Grounds of Disqualification by Parties.

38.03 Waiver of grounds of disqualification by parties.—The parties to any cause, or their attorneys of record, may, by written stipulation filed in the cause, waive any of the grounds of disqualification named in s. 38.02 and such waiver shall be valid and binding as to orders previously entered as well as to future acts of the judge therein; provided, however, that nothing herein shall prevent a judge from disqualifying himself or herself of his or her own motion under s. 38.05.
History.—s. 4, ch. 16053, 1933; CGL 1936 Supp. 4155(3); s. 207, ch. 95-147.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 38 - Judges: General Provisions › 38.04 - Sworn Statement by Judge Holding Himself or Herself Qualified.

38.04 Sworn statement by judge holding himself or herself qualified.—Whenever any judge shall enter an order under s. 38.02 declaring qualification to act in said cause, he or she shall contemporaneously therewith file therein a sworn statement that to the best of his or her knowledge and belief the ground or grounds of the disqualification named in the suggestion do not exist.
History.—s. 5, ch. 16053, 1933; CGL 1936 Supp. 4155(4); s. 208, ch. 95-147.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 38 - Judges: General Provisions › 38.05 - Disqualification of Judge on Own Motion.

38.05 Disqualification of judge on own motion.—Any judge may of his or her own motion disqualify himself or herself where, to the judge’s own knowledge, any of the grounds for a suggestion of disqualification, as named in s. 38.02, exist. The failure of a judge to so disqualify himself or herself under this section shall not be assignable as error or subject to review.
History.—s. 6, ch. 16053, 1933; CGL 1936 Supp. 4155(5); s. 6, ch. 63-559; s. 209, ch. 95-147.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 38 - Judges: General Provisions › 38.06 - Effect of Acts Where Judge Fails to Disqualify Himself or Herself.

38.06 Effect of acts where judge fails to disqualify himself or herself.—In any cause where the grounds for a suggestion of disqualification, as set forth in s. 38.02, appear of record in the cause, but no suggestion of disqualification is filed therein, the orders, judgments, and decrees entered therein by the judge shall be valid. Where, on a suggestion of disqualification the judge enters an order declaring himself or herself qualified, the orders, judgments, and decrees entered therein by the said judge shall not be void and shall not be subject to collateral attack.
History.—s. 7, ch. 16053, 1933; CGL 1936 Supp. 4155(6); s. 210, ch. 95-147.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 38 - Judges: General Provisions › 38.07 - Effect of Orders Entered Prior to Disqualification; Petition for Reconsideration.

38.07 Effect of orders entered prior to disqualification; petition for reconsideration.—When orders have been entered in any cause by a judge prior to the entry of any order of disqualification under s. 38.02 or s. 38.05, any party to the cause may, within 30 days after the filing in the cause of the order of the chief judge of the circuit or the Chief Justice of the Supreme Court, as provided for in s. 38.09, petition the judge so designated for a reconsideration of the orders entered by the disqualified judge prior to the date of the entry of the order of disqualification. Such a petition shall set forth with particularity the matters of law or fact to be relied upon as grounds for the modification or vacation of the orders. Such a petition shall be granted as a matter of right. Upon the granting of the petition, notice of the time and place of the hearing thereon, together with a copy of the petition, shall be mailed by the attorney, or attorneys, of record for the petitioners to the other attorney or attorneys of record, or to the party or parties if they have no attorneys of record. This notice shall be mailed at least 8 days prior to the date fixed by the judge for the hearing. The judge before whom the cause is then pending may, after the hearing, affirm, approve, confirm, reenter, modify, or vacate the orders.
History.—s. 8, ch. 16053, 1933; CGL 1936 Supp. 4155(7); s. 10, ch. 63-572; s. 30, ch. 81-259; s. 1, ch. 83-260.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 38 - Judges: General Provisions › 38.08 - Effect of Orders Where Petition for Reconsideration Not Filed.

38.08 Effect of orders where petition for reconsideration not filed.—If no petition for reconsideration is filed, as provided for in s. 38.07, all orders entered by the disqualified judge prior to the entry of the order of disqualification shall be as binding and valid as if said orders had been duly entered by a qualified judge authorized to act in the cause. The fact that an order was entered by a judge who is subsequently disqualified under s. 38.02 or s. 38.05, shall not be assignable as error subject to review by the appropriate appellate court unless a petition for reconsideration as provided for in s. 38.07, was filed by the party urging the matter as error, and the judge before whom the cause was then pending refused to vacate or modify said order.
History.—s. 9, ch. 16053, 1933; CGL 1936 Supp. 4155(8); s. 6, ch. 63-559.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 38 - Judges: General Provisions › 38.09 - Designation of Judge to Hear Cause When Order of Disqualification Entered.

38.09 Designation of judge to hear cause when order of disqualification entered.—Every judge of this state shall advise the chief judge of the circuit upon the entry of an order of disqualification. An order of assignment shall then be entered as provided by the Florida Rules of Judicial Administration. In the event any judge is disqualified as herein provided, upon application for any temporary writ of injunction or habeas corpus, the judge shall immediately enter an order of disqualification, whereupon the cause may be presented to any other judge of a court of the same jurisdiction as the court in which that cause is pending; and it shall be the duty of any such judge to hear and determine such matters until a substitute judge is so designated.
History.—s. 10, ch. 16053, 1933; CGL 1936 Supp. 4155(9); s. 11, ch. 63-572; s. 20, ch. 73-333; s. 2, ch. 83-260; s. 211, ch. 95-147.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 38 - Judges: General Provisions › 38.10 - Disqualification of Judge for Prejudice; Application; Affidavits; Etc.

38.10 Disqualification of judge for prejudice; application; affidavits; etc.—Whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified. Every such affidavit shall state the facts and the reasons for the belief that any such bias or prejudice exists and shall be accompanied by a certificate of counsel of record that such affidavit and application are made in good faith. However, when any party to any action has suggested the disqualification of a trial judge and an order has been made admitting the disqualification of such judge and another judge has been assigned and transferred to act in lieu of the judge so held to be disqualified, the judge so assigned and transferred is not disqualified on account of alleged prejudice against the party making the suggestion in the first instance, or in favor of the adverse party, unless such judge admits and holds that it is then a fact that he or she does not stand fair and impartial between the parties. If such judge holds, rules, and adjudges that he or she does stand fair and impartial as between the parties and their respective interests, he or she shall cause such ruling to be entered on the minutes of the court and shall proceed to preside as judge in the pending cause. The ruling of such judge may be assigned as error and may be reviewed as are other rulings of the trial court.
History.—s. 4, ch. 7852, 1919; RGS 2674; s. 1, ch. 9276, 1923; CGL 4341; s. 3, ch. 83-260; s. 212, ch. 95-147.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 38 - Judges: General Provisions › 38.12 - Resignation, Death, or Removal of Judges; Disposition of Pending Matters and Papers.

38.12 Resignation, death, or removal of judges; disposition of pending matters and papers.—Upon the resignation, death, or impeachment of any judge, all matters pending before that judge shall be heard and determined by the judge’s successor, and parties making any motion before such judge shall suffer no detriment by reason of his or her resignation, death, or impeachment. All judges, upon resignation or impeachment, shall file all papers pending before them with the clerk of the court in which the cause is pending; and the executor or administrator of any judge who dies pending any matter before him or her shall file all papers found among the papers of his or her intestate or testator with the said clerk.
History.—ss. 1, 2, ch. 3007, 1877; RS 971, 972; GS 1341, 1342; RGS 2529, 2530; CGL 4156, 4157; s. 4, ch. 73-334; s. 1331, ch. 95-147.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 38 - Judges: General Provisions › 38.22 - Power to Punish Contempts.

38.22 Power to punish contempts.—Every court may punish contempts against it whether such contempts be direct, indirect, or constructive, and in any such proceeding the court shall proceed to hear and determine all questions of law and fact.
History.—s. 1, Nov. 23, 1828; RS 975; GS 1345; RGS 2534; CGL 4161; s. 1, ch. 23004, 1945; s. 4, ch. 73-334.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 38 - Judges: General Provisions › 38.23 - Contempt Defined.

38.23 Contempt defined.—A refusal to obey any legal order, mandate or decree, made or given by any judge relative to any of the business of the court, after due notice thereof, is a contempt, punishable accordingly.
History.—s. 2, Nov. 23, 1828; RS 976; GS 1346; RGS 2535; CGL 4162; s. 8, ch. 2013-25.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part I - General Provisions (Ss. 39.001-39.0143) › 39.0014 - Responsibilities of public agencies.

39.0014 Responsibilities of public agencies.—All state, county, and local agencies shall cooperate, assist, and provide information to the Office of Adoption and Child Protection and the department as will enable them to fulfill their responsibilities under this chapter.
History.—s. 2, ch. 99-193; s. 2, ch. 2006-194; s. 3, ch. 2007-124.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part I - General Provisions (Ss. 39.001-39.0143) › 39.011 - Immunity from liability.

39.011 Immunity from liability.—
(1) In no case shall employees or agents of the department or a social service agency acting in good faith be liable for damages as a result of failing to provide services agreed to under the case plan unless the failure to provide such services occurs as a result of bad faith or malicious purpose or occurs in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
(2) The inability or failure of the department or of a social service agency or the employees or agents of the social service agency to provide the services agreed to under the case plan shall not render the state or the social service agency liable for damages unless such failure to provide services occurs in a manner exhibiting wanton or willful disregard of human rights, safety, or property.
(3) A member or agent of a citizen review panel acting in good faith is not liable for damages as a result of any review or recommendation with regard to a dependency matter unless such member or agent exhibits wanton and willful disregard of human rights or safety, or property.
History.—s. 9, ch. 87-289; s. 13, ch. 90-306; s. 7, ch. 97-95; s. 21, ch. 98-403; s. 5, ch. 99-193.
Note.—Former s. 39.455.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part I - General Provisions (Ss. 39.001-39.0143) › 39.012 - Rules for implementation.

39.012 Rules for implementation.—The department shall adopt rules for the efficient and effective management of all programs, services, facilities, and functions necessary for implementing this chapter. Such rules may not conflict with the Florida Rules of Juvenile Procedure. All rules and policies must conform to accepted standards of care and treatment.
History.—s. 2, ch. 87-289; s. 4, ch. 90-208; s. 12, ch. 94-209; s. 1, ch. 97-101; s. 120, ch. 97-238; s. 22, ch. 98-403.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part I - General Provisions (Ss. 39.001-39.0143) › 39.01304 - Early childhood court programs.

39.01304 Early childhood court programs.—
(1) A circuit court may create an early childhood court program to serve the needs of infants and toddlers in dependency court. If a circuit court creates an early childhood court program, it may consider all of the following factors:
(a) The court supporting the therapeutic needs of the parent and child in a nonadversarial manner.
(b) A multidisciplinary team made up of key community stakeholders to work with the court to restructure the way the community responds to the needs of abused or neglected children.
(c) A community coordinator to facilitate services and resources for families, serve as a liaison between a multidisciplinary team and the judiciary, and manage data collection for program evaluation and accountability. Subject to appropriation, the Office of the State Courts Administrator may coordinate with each participating circuit court to fill a community coordinator position for the circuit’s early childhood court program.
(d) A continuum of mental health services that includes those that support the parent-child relationship and are appropriate for the children and family served.
(2) The Office of the State Courts Administrator shall contract for an evaluation of the early childhood court programs to ensure the quality, accountability, and fidelity of the programs’ evidence-based treatment. The Office of the State Courts Administrator may provide, or contract for the provision of, training and technical assistance related to program services, consultation and guidance for difficult cases, and ongoing training for court teams.
History.—s. 2, ch. 2020-138.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part I - General Provisions (Ss. 39.001-39.0143) › 39.0131 - Permanent mailing address and primary e-mail address designation.

39.0131 Permanent mailing address and primary e-mail address designation.—Upon the first appearance before the court, each party shall provide to the court a permanent mailing address and primary e-mail address. The court shall advise each party that these addresses will be used by the court and the petitioner for notice purposes unless and until the party notifies the court and the petitioner in writing of a new mailing address or e-mail address. The court may excuse a party from the requirement to provide an e-mail address for good cause shown. The court must excuse a party who is incarcerated and not represented by an attorney from the requirement to provide an e-mail address.
History.—s. 11, ch. 94-164; s. 25, ch. 98-403; s. 2, ch. 2023-302.
Note.—Former s. 39.4057.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part I - General Provisions (Ss. 39.001-39.0143) › 39.0133 - Court and witness fees.

39.0133 Court and witness fees.—In all proceedings under this chapter, no court fees shall be charged against, and no witness fees shall be allowed to, any party to a petition or any parent or legal custodian or child named in a summons. Other witnesses shall be paid the witness fees fixed by law.
History.—s. 20, ch. 78-414; s. 27, ch. 98-403.
Note.—Former s. 39.414.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part I - General Provisions (Ss. 39.001-39.0143) › 39.0134 - Appointed counsel; compensation.

39.0134 Appointed counsel; compensation.—
(1) If counsel is entitled to receive compensation for representation pursuant to a court appointment in a dependency proceeding or a termination of parental rights proceeding pursuant to this chapter, compensation shall be paid in accordance with s. 27.5304. The state may acquire and enforce a lien upon court-ordered payment of attorney’s fees and costs in the same manner prescribed in s. 938.29.
(2)(a) A parent whose child is dependent, regardless of whether adjudication was withheld, or whose parental rights are terminated and who has received the assistance of the office of criminal conflict and civil regional counsel, or any other court-appointed attorney, or who has received due process services after being found indigent for costs, shall be liable for payment of the assessed application fee under s. 57.082, together with reasonable attorney’s fees and costs as determined by the court.
(b) If reasonable attorney’s fees or costs are assessed, the court, at its discretion, may make payment of the fees or costs part of any case plan in dependency proceedings. However, a case plan may not remain open for the sole issue of payment of attorney’s fees or costs. At the court’s discretion, a lien upon court-ordered payment of attorney’s fees and costs may be ordered by the court and enforced in the same manner prescribed in s. 938.29.
(c) The clerk of the court shall transfer monthly all attorney’s fees and costs collected under this subsection to the Department of Revenue for deposit into the Indigent Civil Defense Trust Fund, to be used as appropriated by the Legislature and consistent with s. 27.5111.
History.—s. 12, ch. 84-311; s. 9, ch. 87-289; s. 28, ch. 98-403; s. 9, ch. 99-193; s. 57, ch. 2003-402; s. 36, ch. 2004-265; s. 19, ch. 2010-162; s. 2, ch. 2016-10.
Note.—Former ss. 39.415, 39.474.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part I - General Provisions (Ss. 39.001-39.0143) › 39.0135 - Operations and Maintenance Trust Fund.

39.0135 Operations and Maintenance Trust Fund.—The department shall deposit all child support payments made to the department pursuant to this chapter into the Operations and Maintenance Trust Fund. The purpose of this funding is to care for children who are committed to the temporary legal custody of the department.
History.—s. 87, ch. 86-220; s. 10, ch. 90-306; s. 16, ch. 96-418; s. 167, ch. 97-101; s. 29, ch. 98-403.
Note.—Former s. 39.418.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part I - General Provisions (Ss. 39.001-39.0143) › 39.0137 - Federal law; rulemaking authority.

39.0137 Federal law; rulemaking authority.—
(1) This chapter does not supersede the requirements of the Indian Child Welfare Act, 25 U.S.C. ss. 1901 et seq.; the Multi-Ethnic Placement Act of 1994, Pub. L. No. 103-382, as amended; the Servicemembers Civil Relief Act, 50 U.S.C. ss. 3901 et seq.; or the implementing regulations for such acts.
(2) The department is encouraged to enter into agreements with recognized American Indian tribes in order to facilitate the implementation of the Indian Child Welfare Act.
(3) The department shall ensure that the Servicemembers Civil Relief Act is observed in cases where a parent, legal custodian, or caregiver responsible for a child’s welfare, by virtue of his or her service, is unable to take custody of the child or appear before the court in person.
History.—s. 5, ch. 2006-86; s. 20, ch. 2012-116; s. 2, ch. 2020-65.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part I - General Provisions (Ss. 39.001-39.0143) › 39.01375 - Best interest determination for placement.

39.01375 Best interest determination for placement.—The department, community-based care lead agency, or court shall consider all of the following factors when determining whether a proposed placement under this chapter is in the child’s best interest:
(1) The child’s age.
(2) The physical, mental, and emotional health benefits to the child by remaining in his or her current placement or moving to the proposed placement.
(3) The stability and longevity of the child’s current placement.
(4) The established bonded relationship between the child and the current or proposed caregiver.
(5) The reasonable preference of the child, if the child is of a sufficient age and capacity to express a preference.
(6) The recommendation of the child’s current caregiver, if applicable.
(7) The recommendation of the child’s guardian ad litem, if one has been appointed.
(8) The child’s previous and current relationship with a sibling and if the change of legal or physical custody or placement will separate or reunite siblings, evaluated in accordance with s. 39.4024.
(9) The likelihood of the child attaining permanency in the current or proposed placement.
(10) The likelihood the child will be required to change schools or child care placement, the impact of such change on the child, and the parties’ recommendations as to the timing of the change, including an education transition plan required under s. 39.4023.
(11) The child’s receipt of medical, behavioral health, dental, or other treatment services in the current placement; the availability of such services and the degree to which they meet the child’s needs; and whether the child will be able to continue to receive services from the same providers and the relative importance of such continuity of care.
(12) The allegations of any abuse, abandonment, or neglect, including sexual abuse and human trafficking history, which caused the child to be placed in out-of-home care and any history of additional allegations of abuse, abandonment, or neglect.
(13) The likely impact on activities that are important to the child and the ability of the child to continue such activities in the proposed placement.
(14) The likely impact on the child’s access to education, Medicaid, and independent living benefits if moved to the proposed placement.
(15) Any other relevant factor.
History.—s. 2, ch. 2021-169.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part I - General Provisions (Ss. 39.001-39.0143) › 39.0141 - Missing children; report required.

39.0141 Missing children; report required.—Whenever the whereabouts of a child involved with the department become unknown, the department or the community-based care provider shall make reasonable efforts, as defined by rule, to locate the child. If, pursuant to criteria established by rule, the child is determined to be missing, the department or the community-based care provider shall file a report that the child is missing in accordance with s. 937.021.
History.—s. 4, ch. 2008-245; s. 3, ch. 2023-77.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part I - General Provisions (Ss. 39.001-39.0143) › 39.0142 - Notifying law enforcement officers of parent or caregiver names.

39.0142 Notifying law enforcement officers of parent or caregiver names.—Beginning March 1, 2021, the Department of Law Enforcement shall provide information to law enforcement officers stating whether a person is a parent or caregiver who is currently the subject of a child protective investigation for alleged child abuse, abandonment, or neglect or is a parent or caregiver of a child who has been allowed to return to or remain in the home under judicial supervision after an adjudication of dependency. The Florida Department of Law Enforcement shall provide this data via a Florida Crime Information Center query into the department’s child protection database.
(1) If a law enforcement officer has an interaction with a parent or caregiver as described in this section and the interaction results in the officer having concern about a child’s health, safety, or well-being, the officer shall report relevant details of the interaction to the central abuse hotline immediately after the interaction even if the requirements of s. 39.201, relating to a person having actual knowledge or suspicion of abuse, abandonment, or neglect, are not met.
(2) The central abuse hotline shall provide any relevant information to:
(a) The child protective investigator, if the parent or caregiver is the subject of a child protective investigation; or
(b) The child’s case manager and the attorney representing the department, if the parent or caregiver has a child under judicial supervision after an adjudication of dependency.
History.—s. 3, ch. 2020-40.