§42.01 1972 SUPPLEMENT TO FLORIDA STATUTES, 1971 §42.22

42.20 Quarters for court; equipment; supplies. (Repealed)

42.21 Appropriation. (Repealed) 42.22 Forms, docket books, etc .. to be furnished.

(Repealed)

42.01 Small claims courts established.­[Repealed by §30, ch. 72-404 effective January. 1, 1973.)

42.02 Method of activation.-IRepealed by §30, ch. 72-404 effective January l, rnn.1

42.03 Jurisdiction.-! Repealed by ~:m, ch. 72-404 effective J anuary I, 1973.l

42.04 J udge; e lection; te1·m of office, etc.­[Repealed by §:10, ch. 72-404 effective January 1, 1978.]

42.05 Compensation <>f judgc.-1 Repealed by §30, ch. 72-404 effective J a nuary 1, 197~.J

42.06 Clet·k and assistants; compcnsation.­[Repealed by §80. ch . 72-404 effective January 1. 1973.I

42.07 Court open continuously; t r ials; cal­endar; notice.-lRepealcd by §30, c:h. 7'.L-404 ef­fective January 1, L97:ll

42.08 Docke t book; material included; evi­dence.-[Repealed by §30, ch. 72-404 effective January 1, 1973.J

42.09 Substitution of judgc.-(Hepealed by §30, ch. 72-404 effective January I, 19n. I

42.10 Commencement of actions; service of notice; failu re of defendant to appear.-1 Repealed by §30, ch. 72-404 effective January 1. 1973.)

42.11 Filing fees; costs; waiver.-LRepealed by §30, ch. 72-404 effective January I, 1973.l

42.12 Trial; procedure; settlement.-lRe· pealed by §30, ch. 72-40,1 effective .January 1, 1973.J

42.1 3 Statement of setoff; jurisd iction ex­ceeded.-[Repeale<l by §30, ch. 72-404 effective January 1, 1973.J

42.14 Stay of judgment; payment of claim.­[Repealed by §30. ch. 72-404 effective January 1, 1973.]

42.15 Rules of procedure; forms.-{Repealed by §30, ch. 72-404 effective January 1. 1973.]

42.16 Jury trials.-rRepealed by §30, ch. 72-404 effective January 1, 1973.]

42.17 J udgments; when effective; execu-

tion.-[Repealed by §30, ch. 72-404 effective Jan­uary 1, 1973.)

42.18 Appeals.-[ Repealed by ~:10. ch. 72-404 effective January l, 1973.1

42.19 Fo1·ms.-I Repealed by §:lo, ch. 72-404 effective January 1. 1973.1

42.20 Quarters for court: equipment; s~p­

plies.-[Repealed by §:30, ch. 72-404 effective January 1, 1973.]

42.21 Appropriation.--!Rcpealed by §30, ch. 72-404 effective January L, t97:i. J

42.22 Forms. docket books, etc., to be fur­nished.-[Repealed by §30, ch. 72-404 effective January 1, 1973.]

C HAPTER43

PROVISIONS RELATING TO COURTS.

43.011

43.012 43.013 43.014

43.03

43.04

43.041 43.045

43.05

43.06

43.07 43.08 43.09

43.10 43.12

43.13

43.14 43.141

GENERALLY

County solicitor; court of record; compensation; office personnel. (Re· pealed)

Assistant county solicitors. (Repealed) Criminal investigator. (Repealed) County solicitor; office expenses. rRe·

pealed) Office expenst>; judges of courts of

record. (Repealed) Interchange of judges between circuit

court and court of record. (Repealed) Clerk of the court of record. (Repealed) Noncapital felony cases; jurisdiction

of circuit courts concurrent with courts of record. (Repealed}

Reporter of testimony and proceedings. (Repealed)

Report of testimony and proceedings. (Repealed)

Cost upon conviction. (Repealed) Reporter's sala ry. (Repealed) Reporter to act as judge's secretary;

chief deputy and assistant reporters; Escambia County. (Repealed)

Appropriation. (Repealed) Report prima facie correct transcript.

(Repealed) Special reporter; appointment. (Re­

pealed} Deputy reporters. (Repealed) Chancery jurisdiction; a limony pay­

ments, etc.; fees; procedure. (Re· pealed)

57

§43.011 1972 SUPPLEMENT TO FLORIDA STATUTES, 1971 §43.15

43.15

43.195

43.21

43.22

43.23

43.24

43.27 43.28 43.29 43.30

Judicial council created; powers, duties; members, terms.

Disposal of physical evidence filed as exhibits. (New)

Courts of record; prosecuting officers. (Repealed)

Courts of record; clerks of court. (Re­pealed)

Courts of record; executive officers. (Repealed)

Statutory courts of record; officers. (Repealed)

Office hours of clerks of court. (New) Court facilities. (New) Judicial nominating commissions. (New) Divisions of court. (New)

43.011 County solicitor; court of record; compensation; office personnel.-[Repealed by §30, ch. 72-404 effective January 1, 1973.]

43.012 Assistant county solicitors.-[Re­pealed by §30, ch. 72-404 effedive January 1 1973.] ,

43.013 Criminal investigator.-[Repealed by §30, ch. 72-404 effective January 1, 1973.]

43.014 County solicitor; office expenses.­[Repealed by §30, ch. 72-404 effective January l, 1973.]

43.03 Office expense; judges of courts of record.-[Repealed by §30, ch. 72-404 effective January 1, 1973.]

43.04 Interchange of judges between circuit court and court of record.-LRepealed by ~30, ch. 72-404 effective January l, 1973.]

43.041 Clerk of the court of record.-lRe­pealed by §30, ch. 72-404 effective January l, 1973.]

43.045 Noncapital felony cases; jurisdiction of circuit courts concurrent with courts of record. -[Repealed by §30, ch. 72-404 effective January l, 1973.]

43.05 Reporter of testimony and proceed­ings. -[Repealed by §30, ch. 72-404 .effective January 1, 1973.]

43.06 Report of testimony and proceedings. - [Repealed by §30, ch. 72-404 effective January 1, 1973.]

43.07 Cost upon conviction.- [Repealed by §30, ch. 72-404 effective January 1, 1973.]

43.08 Reporter's salary.-[Repealed by §30, ch. 72-404 effective January 1, 1973.]

43.09 Reporter to act as judge's secretary;

58

chief deputy and assistant reporters; Escambia County.-[Repealed by §30, ch. 72-404 effective January 1, 1973.]

43.10 Appropriation.-[Repealed by §30, ch. 72-404 effective January 1, 1973.]

43.12 Report prima facie correct transcript. -[Repealed by §30, ch. 72-404 effective January 1, 1973.]

43.13 Special reporter; appointment.-[Re­pealed by §30, ch. 72-404 effective January 1, 1973.]

43.14 Deputy reporters.-[Repealed by §30, ch. 72-404 effective January 1, 1973.]

43.141 Chancery jurisdiction; alimony pay­ments, etc.; fees; procedure.-[Repealed by §30, ch. 72-404 effective January 1, 1973.]

43.15 Judicial council created; powers, duties; members, terms.-

(1) There is hereby created a judicial coun­cil to be known as the judicial council of Flor-, ida. The council shall have the powers and shall be charged -with the following duties:

(~) To make a continuous survey and study of the organization, procedure, practice, rules, and methods of administration and operation of each and all of the courts of this state, the vol­ume and condition of business in said courts, the work accomplished and the results ob­tained.

(b) To collect, compile, analyze and publish statistics showing the work of the courts. The judges, clerks of the various courts, and other officials thereof, shall make to the council such reports, from time to time, as the council may prescribe.

(c) To receive, consider, and in its discre­tion, investigate criticisms and suggestions from any source pertaining to the administra­tion of justice and to make recommendations in reference thereto.

(d) To recommend, from time to time. to the legislature any changes in the organization, jurisdiction, operation, procedure and methods of conducting the business of the courts which might be put in effect only by legislative action, and to recommend to the courte any changes in the rules and practice or methods of adminis­tering judicial business therein, which, in the judgment of the council, would simplify and ex­pedite or otherwise improve the administration of justice. The council shall file with the gover­nor an annual report of its proceedings and rec­ommendations and the results thereof.

*(2) The Judicial Council of Florida shall be composed of a justice or a retired justice of the Supreme Court of Florida, who shall be the presiding officer of the council; a judge of a circuit court; a county court judge; the attorney

§43.15 1972 SUPPLEMENT TO FLORIDA STATUTES, 1971 §43.30

general or one of his assistants; four members of the bar of the state; and nine laymen; all to be appointed by the governor. Five members shall be appointed to the council for a period of one year, six members for a period uf two years, six members for a period of three years; and all appointments made thereafter shall be for a period of three years, except that in the case of vacancy the appointment shall be made to fill the unexpired term.

History.-!i§I , 2, ch. ~It>'.! t~i-.:1. "i:!"~. rh i:!·W~ •Note.-Sul>Mection '2• '"" a.mtnff\_.,.i iukt·"' f'tlt"t•f .JunuuY\ I H)i; r

43.195 Disposal of physical evidence filed as exhibits.-The clerk of any circuit court, court of record, county court, or county judge's court may dispose of items of physical evidence which have been held as exhibits in excess of ten years *[in cases] on which no appeal is pending or can be made. Ttems of evidence having no mone· tary value which are designated by the clerk for removal shall be disposed of as unusable refuse. Items of evidence having a monetary value which are designated for removal by the clerk shall be sold and the revenue placed in the clerk's general revenue fund.

History.-!H. ch 72·7. "Notc:.-lkack•ted worda odned by editor11

43.21 Courts of record; prosccut ing officers. - [Repealed by §30, ch. 72·404 effective January I, 1973.J

43.22 Courts of recoa·ds; clerks of court.­[Repealed by §30, ch. 72·404 effective .January 1, 1973.J

43.23 Courts of record; executive officers.­LRepealed by §30, ch. 72-404 effective January 1, 1973.J

43.24 Statutory cour·ts of record; ofl1cers.­[Repealed by §30, ch. 72-404 effective January 1, 1973.J

43.27 Office hours of clerks of court.-1.'he clerks of the courts of the scvernl counties may establish the hours during which the office of clerk may be open to the public. The hours should conform as nearly as possible to the customary weekday hours of business prevailing in the county. The clerk may prescribe that his office be open such additional hours as puhlic needs require.

History.-§1, ch. 7:.!·2,l/I

*43.28 Court facilities.-The counties shall provide appropriate courtrooms. facilities, equip­ment, and, unless provided by the state, person· nel necessary to operate the circuit and county courts. However, any municipality which abol­ishes its municipal court prior to 1977 must provide courtroom facilities for the trial of

59

violations of its ordinances or violations <1f the uniform traffic code committed within the mu­nicipality if the county does not have adequate facilities to try such cases.

Hi;;tory.-§ta. ch 7:.!-40·1. •Note.- ~;ffK"tiH! J nnuory t. I !17:1.

*43.29 Judicial nominating comm1ss1ons.­(l) Each judicial nominating commission

shall be composed of the following: (a) Three members appointed by the Board

of Governors of The Florida Bar from among The Florida Bar members who are actively en· gaged in the practice of law with offices within the territorial jurisdiction of the affected court, or in the district or circuit; and

(b) Three electors who reside in the ter­ritorial jurisdiction of the court or in the circuit appointed by the governor; and

(c) Three electors who rnside in the ter­ritorial jurisdiction of the court or in the circuit and who are not members of the bar of F'lorida, selected and appointed by a majority vote of the other six members of th e commission.

(2) No justice or judge shall be a member of a judicial nominating commission. A member of a judicial nominating commission may hold public office other than judicial office. No member shall be eligible for appointment to state judicial office so Jong- as he is a member of a judicial nominating commission and for a period of two years thereafter. All acts of a judicial nominating commission shall be made with a concurrence of a majority of its members.

(3) The members of a judicial nominating commission shall serve for terms of four vears. except. that the terms of the initial memb.ers of the judicial nominating commissions shall expi1·e as follows:

**(a) The terms of one member of [each] category [as described in paragraphsj (a), (b). and (c) in subsection (1) shall expire on July 1, 1974;

**(b) The terms of one member of leachj category [as described in paragi·aphsj (a), (b). and (c) in subsection (1) shall expire on July 1, 1975;

**(c) The terms of one member or [each] category r as described in paragraphsJ (a), (b), and (c) in subsection (1) shall expire on July 1, 1976. Hislory.-~:l4. ch. 7:l 401. •Note.-Effoc11ve Januurv I, I !17:1 . .. Note.-Hrack~led wor<ls adcl..d hy llw •~litor~

*43.30 Divisions of court.- AJI courts except the supreme court may sit in divisions as may be established by local rule approved by the su­preme court. History.-~:!.->. 1·h 7:!-IOI •Note.-Effecuve ,fanunry 1 l!li:J