The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 43
COURTS: GENERAL PROVISIONS

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F.S. 43.26

43.26 Chief judge of circuit; selection; powers.—

(1) The chief judge of each judicial circuit, who shall be a circuit judge, shall exercise administrative supervision over all the trial courts within the judicial circuit and over the judges and other officers of such courts.

(2) The chief judge of the circuit shall have the power:

(a) To assign judges to any division of the court and to determine the length of the assignment;

(b) To regulate use of courtrooms;

(d) To require attendance of state attorneys, public defenders, clerks, bailiffs, and all other officers of the court; and

(e) To do everything necessary to promote the prompt and efficient administration of justice in the courts over which he or she is chief judge.

(f) To delegate to the trial court administrator, by administrative order, the authority to bind the circuit in contract.

(g) To manage, operate, and oversee the jury system as provided in s. 40.001.

(3) The chief judge shall be responsible to the Chief Justice of the Supreme Court for such information as may be required by the Chief Justice, including, but not limited to, caseload, status of dockets, and disposition of cases in the courts over which he or she presides.

(4) Failure of any judge, clerk, prosecutor, public defender, or other officer of the court to comply with an order or directive of the chief judge under this section shall constitute neglect of duty for which such officer may be suspended from office as provided by law.

(5) There may be a trial court administrator who shall perform such duties as the chief judge may direct.

(6) The chief judge of each circuit is charged by s. 2(d), Art. V of the State Constitution and this section with the authority to promote the prompt and efficient administration of justice in the courts over which he or she is chief judge. The clerks of court provide court-related functions which are essential to the orderly operation of the judicial branch. The chief judge of each circuit, after consultation with the clerk of court, shall determine the priority of services provided by the clerk of court to the trial court. The clerk of court shall manage the performance of such services in a method or manner that is consistent with statute, rule, or administrative order.

History.—s. 1, ch. 71-214; s. 1, ch. 77-119; s. 260, ch. 95-147; s. 65, ch. 2003-402; s. 30, ch. 2005-236.

F.S. 43.26 on Google Scholar

F.S. 43.26 on Casetext

Amendments to 43.26

Arrestable Offenses / Crimes under Fla. Stat. 43.26

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 43.26.

Annotations, Discussions, Cases:

Cases from cite.case.law:

M. KNIGHT, v. CHIEF JUDGE OF FLORIDA S TWELFTH JUDICIAL CIRCUIT E., 235 So. 3d 996 (Fla. Dist. Ct. App. 2017)

. . . .” § 43.26(1), Fla. Stat. (2016). . . . .” § 43.26(2)(e). . . . We begin our examination with section 43.26(2)(e), Florida Statutes (2016), which empowers the Chief . . . Judge’s authority to promote the prompt and efficient administration of justice in the courts, section 43.26 . . . From these sources of law, it is clear that the Chief Judge’s power, pursuant to section 43.26 and rule . . .

UNITED STATES v. OWEN, IV,, 700 F. App'x 384 (5th Cir. 2017)

. . . the sentence imposed following his conviction of conspiring to possess with the intent to distribute 43.26 . . .

SCHMIDTER v. STATE, 103 So. 3d 263 (Fla. Dist. Ct. App. 2012)

. . . ORANGE [COUNTY] WHEREAS, pursuant to Article V, section 2(d) of the Florida Constitution and section 43.26 . . . COMPLEX GROUNDS WHEREAS, pursuant to Article V, section 2(d) of the Florida Constitution and section 43.26 . . .

UNITED STATES v. LEWIS,, 565 F. App'x 490 (6th Cir. 2012)

. . . . § 43.26, in Texas state court after several images of child pornography were discovered in his home . . .

UNITED STATES v. MORELAND,, 665 F.3d 137 (5th Cir. 2011)

. . . . § 43.26 (West 2011). Some states criminalize possession or control of child pornography. . . .

CITY OF ANN ARBOR EMPLOYEES RETIREMENT SYSTEM, v. SONOCO PRODUCTS CO. E. Jr. J., 827 F. Supp. 2d 559 (D.S.C. 2011)

. . . All options were sold between $43-43.26 per share, less than $2 per share under the highest closing price . . .

S. SPECHLER, v. TOBIN,, 591 F. Supp. 2d 1350 (S.D. Fla. 2008)

. . . .”); § 43.26(2)(a), Fla. . . .

GERTSENSHTEYN, v. UNITED STATES DEPARTMENT OF JUSTICE, B., 544 F.3d 137 (2d Cir. 2008)

. . . 2008) ("We agree with the Immigration Judge that the respondent’s offense of conviction under section 43.26 . . .

UNITED STATES v. E. BAKER, Jr., 538 F.3d 324 (5th Cir. 2008)

. . . that he had probable cause to believe that Baker possessed child pornography in violation of section 43.26 . . .

JIMENEZ, v. RATENI, a k a El d b a El, El., 967 So. 2d 1075 (Fla. Dist. Ct. App. 2007)

. . . .” § 43.26(1), Fla. Stat. (2006). . . . .” § 43.26(6). . . .

UNITED STATES v. FLANDERS,, 468 F.3d 269 (5th Cir. 2006)

. . . and the offense of Possession of Child Pornography, a Third Degree Felony, Texas Penal Code section 43.26 . . .

A. OSORIO, Sr. v. BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS,, 898 So. 2d 188 (Fla. Dist. Ct. App. 2005)

. . . The course of study shown by the report included a total of 60.59 hours of study, of which 43.26 hours . . .

v., 118 T.C. 181 (T.C. 2002)

. . . 3,533,401 1,496,424 42.35 650 Leasing Co. 2,038,955 954,294 46.80 Sim Leasing Co. 6,194,365 2,679,882 43.26 . . .

UNITED STATES v. ALVAREZ,, 127 F.3d 372 (5th Cir. 1997)

. . . the Texas Penal Code and concluded that the video tape depicted Sexual Performance of a Child under § 43.26 . . .

MORSE, v. MOXLEY, Jr., 691 So. 2d 504 (Fla. Dist. Ct. App. 1997)

. . . In her petition Morse states that the order apparently was entered under - color of section 43.26(2)( . . . To the extent that § 43.26(2)(b) Florida Statutes gives the Chief Judge the power to assign specific . . . Whereas section 43.26(2)(b) and Rule 2.050(b)(6) provide a basis for the chief judge to require the attendance . . . If we were to allow section 43.26 to have the broad application urged by the Respondent, the statute . . .

UNITED STATES v. KIMBROUGH,, 69 F.3d 723 (5th Cir. 1995)

. . . . § 2252(a)(4); Tex.Penal Code § 43.26; New York v. . . .

QUILTER, v. V. VOINOVICH,, 794 F. Supp. 695 (N.D. Ohio 1992)

. . . .-40% to 43.26% black population. . . . 2.76% 38 0.99% 1.09% 41 1.18% 1.31% 41-44 Summit 44-48 Summit 40-43 Summit 42 —- 35.40% 44 - 39.52% 43.26% . . . The increase is from 35.40% to 43.26% black population. . . .

OSBORNE v. OHIO, 495 U.S. 103 (U.S. 1990)

. . . . § 43.26 (1989 and Supp. 1989-1990); Utah Code Ann. § 76-5a-3(l)(a) (Supp. 1989); Wash. Rev. . . .

BRUZZONE CONSOLIDATION, INC. v. M V BLUE EAGLE,, 713 F. Supp. 146 (D. Md. 1989)

. . . P-G’s loss was 43.26% of invoice value. . . .

In WILLIAMS CHASE MANHATTAN BANK USA N. A. v. WILLIAMS, 85 B.R. 494 (Bankr. N.D. Ill. 1988)

. . . /86 Marshall Field’s 20.07 3/9/86 Marshall Field’s 43.33 3/14/86 Dominick’s 70.00 3/17/86 Oseo Drug 43.26 . . .

E. L. EASTMOORE, v. STONE,, 265 So. 2d 517 (Fla. Dist. Ct. App. 1972)

. . . Section 43.26, F.S.A. . . .

In FLORIDA RULES OF CIVIL PROCEDURE, 251 So. 2d 249 (Fla. 1971)

. . . Chapter 71-214, Laws of Florida, which amended Florida Statutes, Chapter 43 by-adding Section 43.26, . . . rule expands and implements the provisions of Laws of Florida, Chapter 71-214, Florida Statutes, § 43.26 . . .

HERMANN v. UNITED STATES, 81 F. Supp. 830 (Ct. Cl. 1949)

. . . same procedure was followed for the period July 1, 1939, through March 31, 1940, except that only $43.26 . . .

HERBERT W. HERMANN v. THE UNITED STATES, 113 Ct. Cl. 54 (Ct. Cl. 1949)

. . . same procedure was followed for the period July 1, 1939, through March 31, 1940, except that only $43.26 . . .

CALHOUN v. USSERY, 46 F.2d 495 (W.D. La. 1930)

. . . benefit of the said minors; that thereafter the Bureau continued to make monthly payments in the sum of $43.26 . . .