Florida Senate - 2009                              CS for SB 248
       
       
       
       By the Committee on Judiciary; and Senator Ring
       
       
       
       
       590-02688-09                                           2009248c1
    1                        A bill to be entitled                      
    2         An act relating to clerks of the circuit court;
    3         amending s. 27.52, F.S.; requiring an applicant for
    4         the appointment of a public defender to consent to an
    5         indigency background review conducted by a court
    6         clerk; providing for a new fee for the background
    7         review; requiring an applicant to pay an indigent
    8         intake fee within a certain period of time after
    9         submitting an application for the appointment of a
   10         public defender; requiring that the court assess both
   11         fees pursuant to alternative procedures for failure to
   12         pay; providing for the deposit of certain fees
   13         relating to indigent persons into the Indigent
   14         Criminal Defense Trust Fund; deleting provisions
   15         authorizing a clerk of court to retain certain fees
   16         for administrative costs; requiring a clerk of court
   17         to use the Comprehensive Case Information System to
   18         conduct an indigency background review; requiring a
   19         clerk to use the results of the review to determine
   20         whether an applicant is indigent; amending s. 28.241,
   21         F.S.; revising criteria to determine when a fee to
   22         reopen a case must be paid; providing that the fee
   23         does not apply to motions to enforce stipulations or
   24         motions for contempt; requiring the payment of a fee
   25         upon the filing of a counter petition; amending s.
   26         28.246, F.S.; reducing the period of time that an
   27         account must be unpaid before a clerk of court may
   28         refer the account to a collection agent or private
   29         attorney for collection; reducing the amount of the
   30         collection fee that may be paid to a collection agent
   31         or attorney under certain circumstances; amending s.
   32         34.041, F.S.; requiring the payment of a fee upon the
   33         filing of a counter petition; requiring a clerk of
   34         court to deposit that fee into the General Revenue
   35         Fund; requiring the payment of an additional filing
   36         fee for filings that require the transmittal of a case
   37         to another court; revising criteria to determine when
   38         a fee to reopen a case must be paid; providing that
   39         the fee does not apply to motions to enforce
   40         stipulations or motions for contempt; amending s.
   41         45.035, F.S.; authorizing a clerk of court to charge
   42         an additional fee for judicial sales conducted by
   43         electronic means; requiring the fee to be paid by the
   44         winning bidder; amending s. 57.082, F.S.; renaming an
   45         application fee for a determination of indigent status
   46         for purposes of receiving a court-appointed attorney
   47         in certain civil cases; deleting provisions
   48         authorizing a clerk of court to retain a portion of
   49         the fees collected from persons applying for a court
   50         appointed attorney for administrative costs; amending
   51         s. 197.542, F.S.; providing for the costs of
   52         electronic tax deed sales to be added to other charges
   53         for costs of the sale; requiring payment of such costs
   54         by a certificateholder upon filing an application for
   55         a tax deed; amending s. 318.18, F.S.; requiring a
   56         report relating to certain surcharges imposed by
   57         ordinance to be submitted to the board of county
   58         commissioners; authorizing a county to impose an
   59         additional surcharge by ordinance to secure the
   60         repayment of bonds relating to court facilities and
   61         related purposes; amending s. 322.245, F.S.; requiring
   62         the Department of Highway Safety and Motor Vehicles to
   63         mail notices to certain persons who have failed to
   64         comply with directives of a court; amending s. 938.30,
   65         F.S.; exempting inmates from the provision authorizing
   66         the court to examine persons to ensure compliance with
   67         certain financial obligations; amending s. 938.301,
   68         F.S.; providing that circuit court judges have
   69         jurisdiction to ensure compliance with court-imposed
   70         financial obligations in all types of cases; providing
   71         for the appointment of a workgroup to review court
   72         related fees, service charges, costs, and fines;
   73         specifying the membership of the workgroup; requiring
   74         the workgroup to submit a report to the President of
   75         the Senate and Speaker of the House of Representatives
   76         by a certain date; providing for expiration of the
   77         provisions creating the workgroup; repealing s.
   78         939.17, F.S., relating to money deposited by a
   79         defendant under prosecution by the state; providing an
   80         effective date.
   81  
   82  Be It Enacted by the Legislature of the State of Florida:
   83  
   84         Section 1. Subsections (1) and (2) of section 27.52,
   85  Florida Statutes, are amended to read:
   86         27.52 Determination of indigent status.—
   87         (1) APPLICATION TO THE CLERK.—A person seeking appointment
   88  of a public defender under s. 27.51 based upon an inability to
   89  pay must apply to the clerk of the court for a determination of
   90  indigent status using an application form developed by the
   91  Florida Clerks of Court Operations Corporation with final
   92  approval by the Supreme Court.
   93         (a)1. The application must include, at a minimum, the
   94  following financial information:
   95         a.1. Net income, consisting of total salary and wages,
   96  minus deductions required by law, including court-ordered
   97  support payments.
   98         b.2. Other income, including, but not limited to, social
   99  security benefits, union funds, veterans’ benefits, workers’
  100  compensation, other regular support from absent family members,
  101  public or private employee pensions, unemployment compensation,
  102  dividends, interest, rent, trusts, and gifts.
  103         c.3. Assets, including, but not limited to, cash, savings
  104  accounts, bank accounts, stocks, bonds, certificates of deposit,
  105  equity in real estate, and equity in a boat or a motor vehicle
  106  or in other tangible property.
  107         d.4. All liabilities and debts.
  108         e.5. If applicable, the amount of any bail paid for the
  109  applicant’s release from incarceration and the source of the
  110  funds.
  111         2.The application must include the signature of the
  112  applicant authorizing the clerk to conduct an indigency
  113  background review and other information necessary for the clerk
  114  to conduct the review.
  115         3. The application must include a signature by the
  116  applicant which attests to the truthfulness of the information
  117  provided. The application form developed by the corporation must
  118  include notice that the applicant may seek court review of a
  119  clerk’s determination that the applicant is not indigent, as
  120  provided in this section.
  121         (b) An applicant shall pay a $10 $50 application fee when
  122  an to the clerk for each application for court-appointed counsel
  123  is filed. The applicant shall pay a $50 indigent intake the fee
  124  to the clerk within 7 days after submitting the application. If
  125  the applicant fails to does not pay the application fee or the
  126  intake fee before prior to the disposition of the case, the
  127  clerk shall notify the court, and the court shall:
  128         1. Assess the application fee or the indigent intake fee as
  129  part of the sentence or as a condition of probation; or
  130         2. Assess the application fee or the indigent intake fee
  131  pursuant to s. 938.29.
  132         (c) Notwithstanding any provision of law, court rule, or
  133  administrative order, the clerk shall assign the first $50 of
  134  any fees or costs paid by an indigent person as payment of the
  135  application fee. A person found to be indigent may not be
  136  refused counsel or other required due process services for
  137  failure to pay the fee.
  138         (d) All application fees collected by the clerk from
  139  indigent persons pursuant to under this section shall be
  140  transferred monthly by the clerk to the Department of Revenue
  141  for deposit in the Indigent Criminal Defense Trust Fund
  142  administered by the Justice Administrative Commission, to be
  143  used to as appropriated by the Legislature. The clerk may retain
  144  2 percent of application fees collected monthly for
  145  administrative costs prior to remitting the remainder to the
  146  Department of Revenue.
  147         (e)1. The clerk shall assist a person who appears before
  148  the clerk and requests assistance in completing the application,
  149  and the clerk shall notify the court if a person is unable to
  150  complete the application after the clerk has provided
  151  assistance.
  152         2. If the person seeking appointment of a public defender
  153  is incarcerated, the public defender is responsible for
  154  providing the application to the person and assisting him or her
  155  in its completion and is responsible for submitting the
  156  application to the clerk on the person’s behalf. The public
  157  defender may enter into an agreement for jail employees,
  158  pretrial services employees, or employees of other criminal
  159  justice agencies to assist the public defender in performing
  160  functions assigned to the public defender under this
  161  subparagraph.
  162         (2) DETERMINATION BY THE CLERK.—The clerk of the court
  163  shall determine whether an applicant seeking appointment of a
  164  public defender is indigent based upon the information provided
  165  in the application, the results of an indigency background
  166  review from the Comprehensive Case Information System, and the
  167  criteria prescribed in this subsection.
  168         (a)1. An applicant, including an applicant who is a minor
  169  or an adult tax-dependent person, is indigent if the applicant’s
  170  income is equal to or below 200 percent of the then-current
  171  federal poverty guidelines prescribed for the size of the
  172  household of the applicant by the United States Department of
  173  Health and Human Services or if the person is receiving
  174  Temporary Assistance for Needy Families-Cash Assistance,
  175  poverty-related veterans’ benefits, or Supplemental Security
  176  Income (SSI).
  177         2. There is a presumption that the applicant is not
  178  indigent if the applicant owns, or has equity in, any intangible
  179  or tangible personal property or real property or the expectancy
  180  of an interest in any such property having a net equity value of
  181  $2,500 or more, excluding the value of the person’s homestead
  182  and one vehicle having a net value not exceeding $5,000.
  183         (b) Based upon its review, the clerk shall make one of the
  184  following determinations:
  185         1. The applicant is not indigent.
  186         2. The applicant is indigent.
  187         (c)1. If the clerk determines that the applicant is
  188  indigent, the clerk shall submit the determination to the office
  189  of the public defender and immediately file the determination in
  190  the case file.
  191         2. If the public defender is unable to provide
  192  representation due to a conflict pursuant to s. 27.5303, the
  193  public defender shall move the court for withdrawal from
  194  representation and appointment of the office of criminal
  195  conflict and civil regional counsel.
  196         (d) The duty of the clerk in determining whether an
  197  applicant is indigent shall be limited to receiving the
  198  application and comparing the information provided in the
  199  application and the results of the indigency background review
  200  to the criteria prescribed in this subsection. The determination
  201  of indigent status is a ministerial act of the clerk and not a
  202  decision based on further investigation or the exercise of
  203  independent judgment by the clerk. The clerk may contract with
  204  third parties to perform functions assigned to the clerk under
  205  this section.
  206         (e) The applicant may seek review of the clerk’s
  207  determination that the applicant is not indigent in the court
  208  having jurisdiction over the matter at the next scheduled
  209  hearing. If the applicant seeks review of the clerk’s
  210  determination of indigent status, the court shall make a final
  211  determination as provided in subsection (4).
  212         Section 2. Subsection (1) of section 28.241, Florida
  213  Statutes, is amended to read:
  214         28.241 Filing fees for trial and appellate proceedings.—
  215         (1)(a) The party instituting any civil action, suit, or
  216  proceeding in the circuit court shall pay to the clerk of that
  217  court a filing fee of up to $295 in all cases in which there are
  218  not more than five defendants and an additional filing fee of up
  219  to $2.50 for each defendant in excess of five. Of the first $85
  220  in filing fees, $80 must be remitted by the clerk to the
  221  Department of Revenue for deposit into the General Revenue Fund,
  222  and $5 must be remitted to the Department of Revenue for deposit
  223  into the Department of Financial Services’ Administrative Trust
  224  Fund to fund the contract with the Florida Clerks of Court
  225  Operations Corporation created in s. 28.35. The next $15 of the
  226  filing fee collected shall be deposited in the state courts’
  227  Mediation and Arbitration Trust Fund. One-third of any filing
  228  fees collected by the clerk of the circuit court in excess of
  229  $100 shall be remitted to the Department of Revenue for deposit
  230  into the Department of Revenue Clerks of the Court Trust Fund.
  231  An additional filing fee of $4 shall be paid to the clerk. The
  232  clerk shall remit $3.50 to the Department of Revenue for deposit
  233  into the Court Education Trust Fund and shall remit 50 cents to
  234  the Department of Revenue for deposit into the Department of
  235  Financial Services Administrative Trust Fund to fund clerk
  236  education. An additional filing fee of up to $18 shall be paid
  237  by the party seeking each severance that is granted. The clerk
  238  may impose an additional filing fee of up to $85 for all
  239  proceedings of garnishment, attachment, replevin, and distress.
  240  Postal charges incurred by the clerk of the circuit court in
  241  making service by certified or registered mail on defendants or
  242  other parties shall be paid by the party at whose instance
  243  service is made. No additional fees, charges, or costs shall be
  244  added to the filing fees imposed under this section, except as
  245  authorized herein or by general law.
  246         (b) A party reopening any civil action, suit, or proceeding
  247  in the circuit court shall pay to the clerk of court a filing
  248  fee set by the clerk in an amount not to exceed $50. For
  249  purposes of this section, a case is reopened after all appeals
  250  or time to file an appeal from a final order or final judgment
  251  have been exhausted when a case previously reported as disposed
  252  of is resubmitted to a court and includes petitions for
  253  modification of a final judgment of dissolution. A clerk may not
  254  assess a fee to reopen a civil case for any motion filed by any
  255  party until 90 days after a final order or final judgment has
  256  been filed with the clerk. Once the case has been reopened, an
  257  additional reopen fee may not be assessed until the reopening
  258  pleading, motion, or other paper requiring action is resolved,
  259  either by the court or by the clerk pursuant to the rules of
  260  court. The reservation of jurisdiction by a court in a case does
  261  not exempt the case from the reopen fee. A party is exempt from
  262  paying the fee for any of the following:
  263         1. A writ of garnishment;
  264         2. A writ of replevin;
  265         3. A distress writ;
  266         4. A writ of attachment;
  267         5. A motion for rehearing filed within 10 days;
  268         6. A motion for attorney’s fees filed within 30 days after
  269  entry of a judgment or final order;
  270         7. A motion for dismissal filed after a mediation agreement
  271  has been filed;
  272         8. A disposition of personal property without
  273  administration;
  274         9. Any probate case prior to the discharge of a personal
  275  representative;
  276         10. Any guardianship pleading prior to discharge;
  277         11. Any mental health pleading;
  278         12. Motions to withdraw by attorneys;
  279         13. Motions exclusively for the enforcement of child
  280  support orders;
  281         14. A petition for credit of child support;
  282         15. A Notice of Intent to Relocate and any order issuing as
  283  a result of an uncontested relocation;
  284         16. Stipulations and motions to enforce stipulations;
  285         17. Responsive pleadings; or
  286         18. Cases in which there is no initial filing fee; or.
  287         19.Motions for contempt.
  288         (c) A Any party in addition to the parties other than a
  289  party described in paragraph (a) who files a pleading in an
  290  original civil action in circuit court for affirmative relief by
  291  cross-claim, counterclaim, counterpetition, or third-party
  292  complaint shall pay the clerk of court a fee of $295. The clerk
  293  shall remit the fee to the Department of Revenue for deposit
  294  into the General Revenue Fund.
  295         (d) The clerk of court shall collect a service charge of
  296  $10 for issuing a summons. The clerk shall assess the fee
  297  against the party seeking to have the summons issued.
  298         Section 3. Subsection (6) of section 28.246, Florida
  299  Statutes, is amended to read:
  300         28.246 Payment of court-related fees, charges, and costs;
  301  partial payments; distribution of funds.—
  302         (6) A clerk of court may pursue the collection of any fees,
  303  service charges, fines, court costs, and liens for the payment
  304  of attorney’s fees and costs pursuant to s. 938.29 which remain
  305  unpaid for 60 90 days or more, or refer the account to a private
  306  attorney who is a member in good standing of The Florida Bar or
  307  collection agent who is registered and in good standing pursuant
  308  to chapter 559. In pursuing the collection of such unpaid
  309  financial obligations through a private attorney or collection
  310  agent, the clerk of the court must have attempted to collect the
  311  unpaid amount through a collection court, collections docket, or
  312  other collections process, if any, established by the court,
  313  find this to be cost-effective and follow any applicable
  314  procurement practices. The collection fee, including any
  315  reasonable attorney’s fee, paid to any attorney or collection
  316  agent retained by the clerk may be added to the balance owed in
  317  an amount not to exceed 25 percent if 40 percent of the amount
  318  owed is referred to the attorney or collection agency after
  319  remaining unpaid for 60 days and is paid within 90 days. If the
  320  financial obligations are not referred to the attorney or
  321  collection agency until 90 days after it is due and are paid on
  322  or after the 90th day, the collection fee, including any
  323  reasonable attorney’s fee paid to any attorney or collection
  324  agent retained by the clerk, may be added to the balance owed in
  325  an amount not to exceed 40 percent of the amount owed at the
  326  time the account is referred to the attorney or agent for
  327  collection.
  328         Section 4. Subsections (1) and (2) of section 34.041,
  329  Florida Statutes, are amended to read:
  330         34.041 Filing fees.—
  331         (1)(a) Upon the institution of any civil action, suit, or
  332  proceeding in county court, the party shall pay the following
  333  filing fee, not to exceed:
  334         1. For all claims less than $100 $50.
  335         2. For all claims of $100 or more but not more than $500
  336  $75.
  337         3. For all claims of more than $500 but not more than
  338  $2,500 $170.
  339         4. For all claims of more than $2,500 $295.
  340         5. In addition, for all proceedings of garnishment,
  341  attachment, replevin, and distress $85.
  342         6. For removal of tenant action $265.
  343         (b) The first $80 of the filing fee collected under
  344  subparagraph (a)4. shall be remitted to the Department of
  345  Revenue for deposit into the General Revenue Fund. The next $15
  346  of the filing fee collected under subparagraph (a)4., and the
  347  first $15 of each filing fee collected under subparagraph (a)6.,
  348  shall be deposited in the state courts’ Mediation and
  349  Arbitration Trust Fund. One-third of any filing fees collected
  350  by the clerk under this section in excess of the first $95
  351  collected under subparagraph (a)4. shall be remitted to the
  352  Department of Revenue for deposit into the Department of Revenue
  353  Clerks of the Court Trust Fund. An additional filing fee of $4
  354  shall be paid to the clerk. The clerk shall transfer $3.50 to
  355  the Department of Revenue for deposit into the Court Education
  356  Trust Fund and shall transfer 50 cents to the Department of
  357  Revenue for deposit into the Department of Financial Services’
  358  Administrative Trust Fund to fund clerk education. Postal
  359  charges incurred by the clerk of the county court in making
  360  service by mail on defendants or other parties shall be paid by
  361  the party at whose instance service is made. Except as provided
  362  herein, filing fees and service charges for performing duties of
  363  the clerk relating to the county court shall be as provided in
  364  ss. 28.24 and 28.241. Except as otherwise provided herein, all
  365  filing fees shall be retained as fee income of the office of the
  366  clerk of circuit court. Filing fees imposed by this section may
  367  not be added to any penalty imposed by chapter 316 or chapter
  368  318.
  369         (c) A Any party in addition to the parties other than a
  370  party described in paragraph (a) who files a pleading in an
  371  original civil action in the county court for affirmative relief
  372  by cross-claim, counterclaim, counterpetition, or third-party
  373  complaint, or who files a notice of cross-appeal or notice of
  374  joinder or motion to intervene as an appellant, cross-appellant,
  375  or petitioner, shall pay the clerk of court a fee of $295 if the
  376  relief sought by the party under this paragraph exceeds $2,500.
  377  The clerk shall remit the $295 fee to the Department of Revenue
  378  for deposit into the General Revenue Fund. This fee does shall
  379  not apply if where the cross-claim, counterclaim,
  380  counterpetition, or third-party complaint requires transfer of
  381  the case from county to circuit court or small claims court to
  382  county court. However, the party shall also pay to the clerk the
  383  standard filing fee for the court to which the case is to be
  384  transferred. The clerk shall remit the fee to the Department of
  385  Revenue for deposit into the General Revenue Fund.
  386         (d) The clerk of court shall collect a service charge of
  387  $10 for issuing a summons. The clerk shall assess the fee
  388  against the party seeking to have the summons issued.
  389         (2) A party reopening any civil action, suit, or proceeding
  390  in the county court shall pay to the clerk of court a filing fee
  391  set by the clerk in an amount not to exceed $25 for all claims
  392  of not more than $500 and an amount not to exceed $50 for all
  393  claims of more than $500. For purposes of this section, a case
  394  is reopened after all appeals or time to file an appeal from a
  395  final order or final judgment have been exhausted when a case
  396  previously reported as disposed of is resubmitted to a court. A
  397  clerk may not assess a reopen fee for any motion filed by any
  398  party until 90 days after a final order or final judgment has
  399  been filed with the clerk. Once the case is reopened, an
  400  additional reopen fee may not be assessed until the reopening
  401  pleading, motion, or other paper requiring action is resolved by
  402  the court or the clerk pursuant to the rules of court. The
  403  reservation of jurisdiction by a court in a case does not exempt
  404  the case from the reopen fee. A party is exempt from paying the
  405  fee for any of the following:
  406         (a) A writ of garnishment;
  407         (b) A writ of replevin;
  408         (c) A distress writ;
  409         (d) A writ of attachment;
  410         (e) A motion for rehearing filed within 10 days;
  411         (f) A motion for attorney’s fees filed within 30 days of
  412  the entry of the judgment or final order;
  413         (g) A motion for dismissal filed after a mediation
  414  agreement has been filed;
  415         (h) A motion to withdraw by attorneys;
  416         (i) Stipulations and motions to enforce stipulations; or
  417         (j) Responsive pleadings; or.
  418         (k)Motions for contempt.
  419         Section 5. Section 45.035, Florida Statutes, is amended to
  420  read:
  421         45.035 Clerk’s fees.—In addition to other fees or service
  422  charges authorized by law, the clerk shall receive service
  423  charges related to the judicial sales procedure set forth in ss.
  424  45.031-45.034 and this section:
  425         (1) The clerk shall receive a service charge of $70 for
  426  services in making, recording, and certifying the sale and
  427  title, which service charge shall be assessed as costs and shall
  428  be advanced by the plaintiff before the sale.
  429         (2) If there is a surplus resulting from the sale, the
  430  clerk may receive the following service charges, which shall be
  431  deducted from the surplus:
  432         (a) The clerk may withhold the sum of $28 from the surplus
  433  which may only be used for purposes of educating the public as
  434  to the rights of homeowners regarding foreclosure proceedings.
  435         (b) The clerk is entitled to a service charge of $15 for
  436  notifying a surplus trustee of his or her appointment.
  437         (c) The clerk is entitled to a service charge of $15 for
  438  each disbursement of surplus proceeds.
  439         (d) The clerk is entitled to a service charge of $15 for
  440  appointing a surplus trustee, furnishing the surplus trustee
  441  with a copy of the final judgment and the certificate of
  442  disbursements, and disbursing to the surplus trustee the
  443  trustee’s cost advance.
  444         (3) If the sale is conducted by electronic means, as
  445  provided in s. 45.031(10), the clerk shall receive an additional
  446  a service charge not to exceed of $60 as provided in subsection
  447  (1) for services in conducting or contracting for the electronic
  448  sale, which service charge shall be assessed as costs and paid
  449  by the winning bidder shall be advanced by the plaintiff before
  450  the sale. If the clerk requires advance electronic deposits to
  451  secure the right to bid, such deposits shall not be subject to
  452  the fee under s. 28.24(10). The portion of an advance deposit
  453  from a winning bidder required by s. 45.031(3) shall, upon
  454  acceptance of the winning bid, be subject to the fee under s.
  455  28.24(10).
  456         Section 6. Subsection (1) of section 57.082, Florida
  457  Statutes, is amended to read:
  458         57.082 Determination of civil indigent status.—
  459         (1) APPLICATION TO THE CLERK.—A person seeking appointment
  460  of an attorney in a civil case eligible for court-appointed
  461  counsel, or seeking relief from prepayment of fees and costs
  462  under s. 57.081, based upon an inability to pay must apply to
  463  the clerk of the court for a determination of civil indigent
  464  status using an application form developed by the Florida Clerks
  465  of Court Operations Corporation with final approval by the
  466  Supreme Court.
  467         (a)1. The application must include, at a minimum, the
  468  following financial information:
  469         a.1. Net income, consisting of total salary and wages,
  470  minus deductions required by law, including court-ordered
  471  support payments.
  472         b.2. Other income, including, but not limited to, social
  473  security benefits, union funds, veterans’ benefits, workers’
  474  compensation, other regular support from absent family members,
  475  public or private employee pensions, unemployment compensation,
  476  dividends, interest, rent, trusts, and gifts.
  477         c.3. Assets, including, but not limited to, cash, savings
  478  accounts, bank accounts, stocks, bonds, certificates of deposit,
  479  equity in real estate, and equity in a boat or a motor vehicle
  480  or in other tangible property.
  481         d.4. All liabilities and debts.
  482         2. The application must include a signature by the
  483  applicant which attests to the truthfulness of the information
  484  provided. The application form developed by the corporation must
  485  include notice that the applicant may seek court review of a
  486  clerk’s determination that the applicant is not indigent, as
  487  provided in this section.
  488         (b) The clerk shall assist a person who appears before the
  489  clerk and requests assistance in completing the application, and
  490  the clerk shall notify the court if a person is unable to
  491  complete the application after the clerk has provided
  492  assistance.
  493         (c) The clerk shall accept an application that is signed by
  494  the applicant and submitted on his or her behalf by a private
  495  attorney who is representing the applicant in the applicable
  496  matter.
  497         (d) A person who seeks appointment of an attorney in a case
  498  under chapter 39, at the trial or appellate level, for which an
  499  indigent person is eligible for court-appointed representation,
  500  shall pay a $50 indigent intake application fee to the clerk for
  501  each application filed. The applicant shall pay the fee within 7
  502  days after submitting the application. The clerk shall transfer
  503  monthly all indigent intake application fees collected under
  504  this paragraph to the Department of Revenue for deposit into the
  505  Indigent Civil Defense Trust Fund, to be used as appropriated by
  506  the Legislature. The clerk may retain 10 percent of application
  507  fees collected monthly for administrative costs prior to
  508  remitting the remainder to the Department of Revenue. A person
  509  found to be indigent may not be refused counsel. If the person
  510  cannot pay the indigent intake application fee, the clerk shall
  511  enroll the person in a payment plan pursuant to s. 28.246.
  512         Section 7. Subsection (4) of section 197.542, Florida
  513  Statutes, is amended to read:
  514         197.542 Sale at public auction.—
  515         (4)(a) A clerk may conduct electronic tax deed sales in
  516  lieu of public outcry. The clerk must comply with the procedures
  517  provided in this chapter, except that electronic proxy bidding
  518  shall be allowed and the clerk may require bidders to advance
  519  sufficient funds to pay the deposit required by subsection (2).
  520  The clerk shall provide access to the electronic sale by
  521  computer terminals open to the public at a designated location.
  522  A clerk who conducts such electronic sales may receive
  523  electronic deposits and payments related to the sale. The
  524  portion of an advance deposit from a winning bidder required by
  525  subsection (2) shall, upon acceptance of the winning bid, be
  526  subject to the fee under s. 28.24(10).
  527         (b) Nothing in this subsection shall be construed to
  528  restrict or limit the authority of a charter county from
  529  conducting electronic tax deed sales. In a charter county where
  530  the clerk of the circuit court does not conduct all electronic
  531  sales, the charter county shall be permitted to receive
  532  electronic deposits and payments related to sales it conducts,
  533  as well as to subject the winning bidder to a fee, consistent
  534  with the schedule in s. 28.24(10).
  535         (c)The costs of electronic tax deed sales shall be added
  536  to the charges for the costs of sale under subsection (1) and
  537  paid by the certificateholder when filing an application for a
  538  tax deed.
  539         Section 8. Subsection (13) of section 318.18, Florida
  540  Statutes, is amended to read:
  541         318.18 Amount of penalties.—The penalties required for a
  542  noncriminal disposition pursuant to s. 318.14 or a criminal
  543  offense listed in s. 318.17 are as follows:
  544         (13) In addition to any penalties imposed for noncriminal
  545  traffic infractions pursuant to this chapter or imposed for
  546  criminal violations listed in s. 318.17, a board of county
  547  commissioners or any unit of local government which is
  548  consolidated as provided by s. 9, Art. VIII of the State
  549  Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
  550  Constitution of 1968:
  551         (a) May impose by ordinance a surcharge of up to $30 $15
  552  for any infraction or violation to fund state court facilities.
  553  The court shall not waive this surcharge. Up to 25 percent of
  554  the revenue from such surcharge may be used to support local law
  555  libraries provided that the county or unit of local government
  556  provides a level of service equal to that provided prior to July
  557  1, 2004, which shall include the continuation of library
  558  facilities located in or near the county courthouse or annexes.
  559         (b) May, if it That imposed increased fees or service
  560  charges by ordinance under s. 28.2401, s. 28.241, or s. 34.041
  561  for the purpose of securing payment of the principal and
  562  interest on bonds issued by the county before July 1, 2003, to
  563  finance state court facilities, may impose by ordinance a
  564  surcharge for any infraction or violation for the exclusive
  565  purpose of securing payment of the principal and interest on
  566  bonds issued by the county before July 1, 2003, to fund state
  567  court facilities until the date of stated maturity. The court
  568  shall not waive this surcharge. Such surcharge may not exceed an
  569  amount per violation calculated as the quotient of the maximum
  570  annual payment of the principal and interest on the bonds as of
  571  July 1, 2003, divided by the number of traffic citations for
  572  county fiscal year 2002-2003 certified as paid by the clerk of
  573  the court of the county. Such quotient shall be rounded up to
  574  the next highest dollar amount. The bonds may be refunded only
  575  if savings will be realized on payments of debt service and the
  576  refunding bonds are scheduled to mature on the same date or
  577  before the bonds being refunded. Notwithstanding any of the
  578  foregoing provisions of this paragraph that limit the use of
  579  surcharge revenues, if the revenues generated as a result of the
  580  adoption of this ordinance exceed the debt service on the bonds,
  581  the surplus revenues may be used to pay down the debt service on
  582  the bonds; fund other state-court-facility construction projects
  583  as may be certified by the chief judge as necessary to address
  584  unexpected growth in caseloads, emergency requirements to
  585  accommodate public access, threats to the safety of the public,
  586  judges, staff, and litigants, or other exigent circumstances; or
  587  support local law libraries in or near the county courthouse or
  588  annexes.
  589  
  590  A county may not impose both of the surcharges authorized under
  591  paragraphs (a) and (b) concurrently. The clerk of court shall
  592  report, no later than 30 days after the end of the quarter, the
  593  amount of funds collected under this subsection during each
  594  quarter of the fiscal year. The clerk shall submit the report,
  595  in a format developed by the Office of State Courts
  596  Administrator, to the chief judge of the circuit, the Governor,
  597  the President of the Senate, and the Speaker of the House of
  598  Representatives, and the board of county commissioners.
  599         (c)May impose by ordinance a surcharge for any infraction
  600  or violation for the exclusive purpose of securing payment of
  601  the principal and interest on bonds issued by the county on or
  602  after July 1, 2009, to fund state court facilities until the
  603  date of stated maturity. The court may not waive this surcharge.
  604  The surcharge may not exceed an amount per violation calculated
  605  as the quotient of the maximum annual payment of the principal
  606  and interest on the bonds, divided by the number of traffic
  607  citations certified as paid by the clerk of the court of the
  608  county on August 15 of each year. The quotient shall be rounded
  609  up to the next highest dollar amount. The bonds may be refunded
  610  if savings will be realized on payments of debt service and the
  611  refunding bonds are scheduled to mature on or before the
  612  maturity date of the bonds being refunded. If the revenues
  613  generated as a result of the adoption of this ordinance exceed
  614  the debt service on the bonds, the surplus revenues may be used
  615  to pay the debt service on the bonds; to fund other state court
  616  facility construction projects certified by the chief judge as
  617  necessary to address unexpected growth in caseloads, emergency
  618  requirements to accommodate public access, threats to the safety
  619  of the public, judges, staff, and litigants, or other exigent
  620  circumstances; or to support local law libraries in or near the
  621  county courthouse or annexes.
  622         Section 9. Subsection (1) of section 322.245, Florida
  623  Statutes, is amended to read:
  624         322.245 Suspension of license upon failure of person
  625  charged with specified offense under chapter 316, chapter 320,
  626  or this chapter to comply with directives ordered by traffic
  627  court or upon failure to pay child support in non-IV-D cases as
  628  provided in chapter 61 or failure to pay any financial
  629  obligation in any other criminal case.—
  630         (1) If a person charged with a violation of any of the
  631  criminal offenses enumerated in s. 318.17 or with the commission
  632  of any offense constituting a misdemeanor under chapter 320 or
  633  this chapter fails to comply with all of the directives of the
  634  court within the time allotted by the court, the department
  635  clerk of the traffic court shall mail to the person, at the
  636  address specified on the uniform traffic citation, a notice of
  637  such failure, notifying him or her that, if he or she does not
  638  comply with the directives of the court within 30 days after the
  639  date of the notice and pay a delinquency fee of up to $25 to the
  640  clerk, his or her driver’s license will be suspended. The notice
  641  shall be mailed no later than 5 days after such failure. The
  642  delinquency fee may be retained by the office of the clerk to
  643  defray the operating costs of the office.
  644         Section 10. Subsection (2) of section 938.30, Florida
  645  Statutes, is amended to read:
  646         938.30 Financial obligations in criminal cases;
  647  supplementary proceedings.—
  648         (2) The court may require a person who is not a state
  649  inmate and who is liable for payment of an obligation to appear
  650  and be examined under oath concerning the person’s financial
  651  ability to pay the obligation. The judge may convert the
  652  statutory financial obligation into a court-ordered obligation
  653  to perform community service after examining a person under oath
  654  and determining a person’s inability to pay. Any person failing
  655  to attend a hearing may be arrested on warrant or capias which
  656  may be issued by the clerk upon order of the court.
  657         Section 11. Section 938.301, Florida Statutes, is amended
  658  to read:
  659         938.301 Judicial oversight and jurisdiction.—The
  660  Comprehensive Court Enforcement Program may be implemented as
  661  supplementary proceedings in any judicial circuit by the chief
  662  judge of that circuit. Judges in such circuits shall have
  663  jurisdiction to carry out the provisions of this section act in
  664  any criminal cases to ensure compliance with court-imposed
  665  financial obligations.
  666         Section 12. Legislature’s workgroup for court-related fees,
  667  service charges, costs, and fines.—A workgroup shall be
  668  appointed to review court-related fees, service charges, costs,
  669  and fines. The workgroup shall consist of seven members: a
  670  Senator appointed by the President of the Senate; a
  671  Representative appointed by the Speaker of the House of
  672  Representatives; two clerks of a circuit court appointed by the
  673  Florida Association of Court Clerks and Comptroller; one circuit
  674  court judge and one county court judge, each appointed by the
  675  Supreme Court; and one member of the American Collectors
  676  Association International appointed by the Government Services
  677  Program. The workgroup shall submit a report of its findings and
  678  recommendations of best practices for the effective uniform
  679  collection of court-related fees, service charges, costs, and
  680  fines to the President of the Senate and the Speaker of the
  681  House of Representatives on or before January 1, 2010. This
  682  section expires January 1, 2010.
  683         Section 13. Section 939.17, Florida Statutes, is repealed.
  684         Section 14. This act shall take effect July 1, 2009.