Senate Bill 1624

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    Florida Senate - 2000                                  SB 1624

    By the Committee on Judiciary





    308-489A-00

  1                      A bill to be entitled

  2         An act relating to magistrates and masters;

  3         amending ss. 26.012, 27.06, 34.01, 48.20,

  4         142.09, 316.635, 373.603, 381.0012, 450.121,

  5         560.306, 633.14, 648.44, 817.482, 828.122,

  6         832.05, 876.42, 893.12, 901.01, 901.02, 901.07,

  7         901.08, 901.09, 901.11, 901.12, 901.25, 902.15,

  8         902.17, 902.20, 902.21, 903.03, 903.32, 903.34,

  9         914.22, 923.01, 933.01, 933.06, 933.07, 933.10,

10         933.101, 933.13, 933.14, 939.02, 939.14,

11         941.13, 941.14, 941.15, 941.17, 941.18,

12         947.141, 948.06, 985.05, F.S., relating to

13         various court procedures; redesignating

14         "magistrates" as "trial court judges"; amending

15         ss. 56.071, 56.29, 61.1826, 64.061, 65.061,

16         69.051, 70.51, 92.142, 112.41, 112.43, 112.47,

17         162.03, 162.06, 162.09, 173.09, 173.10, 173.11,

18         173.12, 194.013, 194.034, 194.035, 206.16,

19         207.016, 216.163, 320.411, 393.11, 394.467,

20         397.311, 397.681, 447.207, 447.403, 447.405,

21         447.407, 447.409, 475.011, 489.127, 489.531,

22         496.420, 501.207, 501.618, 559.936, 582.23,

23         631.182, 631.331, 633.052, 744.369, 760.11,

24         837.011, 838.014, 839.17, 916.107, 938.30,

25         945.43, F.S., relating to various

26         administrative and judicial proceedings;

27         redesignating "masters" and "general or special

28         masters" as "general or special magistrates";

29         providing an effective date.

30

31  Be It Enacted by the Legislature of the State of Florida:

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  1         Section 1.  Subsection (5) is added to section 26.012,

  2  Florida Statutes, to read:

  3         26.012  Jurisdiction of circuit court.--

  4         (5)  A circuit court is a trial court.

  5         Section 2.  Section 27.06, Florida Statutes, is amended

  6  to read:

  7         27.06  Habeas corpus and preliminary trials.--The

  8  several state attorneys of this state shall represent the

  9  state in all cases of habeas corpus arising in their

10  respective circuits, and shall also represent the state,

11  either in person or by assistant, in cases of preliminary

12  trials of persons charged with capital offenses in all cases

13  where the committing trial court judge magistrate shall have

14  given due and timely notice of the time and place of such

15  trial.  Notice of the application for the writ of habeas

16  corpus shall be given to the prosecuting officer of the court

17  wherein the statute under attack is being applied, the

18  criminal law proceeding is being maintained, or the conviction

19  has occurred.

20         Section 3.  Subsections (2) and (3) of section 34.01,

21  Florida Statutes, are amended, and subsection (5) is added to

22  that section, to read:

23         34.01  Jurisdiction of county court.--

24         (2)  The county courts shall have jurisdiction

25  previously exercised by county judges' courts other than that

26  vested in the circuit court by s. 26.012, except that county

27  court judges may hear matters involving dissolution of

28  marriage under the simplified dissolution procedure pursuant

29  to the Rule 1.611(c), Florida Family Law Rules of Civil

30  Procedure or may issue a final order for dissolution in cases

31  where the matter is uncontested, and the jurisdiction

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  1  previously exercised by county courts, the claims court, small

  2  claims courts, small claims magistrates courts, magistrates

  3  courts, justice of the peace courts, municipal courts, and

  4  courts of chartered counties, including, but not limited to,

  5  the counties referred to in ss. 9, 10, 11, and 24, Art. VIII

  6  of the State Constitution of 1885.

  7         (3)  Judges of county courts shall also be committing

  8  trial court judges magistrates. Judges of county courts shall

  9  be coroners unless otherwise provided by law or by rule of the

10  Supreme Court.

11         (5)  A county court is a trial court.

12         Section 4.  Section 48.20, Florida Statutes, is amended

13  to read:

14         48.20  Service of process on Sunday.--Service or

15  execution on Sunday of any writ, process, warrant, order, or

16  judgment is void and the person serving or executing, or

17  causing it to be served or executed, is liable to the party

18  aggrieved for damages for so doing as if he or she had done it

19  without any process, writ, warrant, order, or judgment.  If

20  affidavit is made by the person requesting service or

21  execution that he or she has good reason to believe that any

22  person liable to have any such writ, process, warrant, order,

23  or judgment served on him or her intends to escape from this

24  state under protection of Sunday, any officer furnished with

25  an order authorizing service or execution by the trial court

26  judge or magistrate of any incorporated town may serve or

27  execute such writ, process, warrant, order, or judgment on

28  Sunday, and it is as valid as if it had been done on any other

29  day.

30         Section 5.  Section 142.09, Florida Statutes, is

31  amended to read:

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  1         142.09  If defendant is not convicted or dies.--If the

  2  defendant is not convicted, or the prosecution is abated by

  3  the death of the defendant, or if the costs are imposed on the

  4  defendant and execution against him or her is returned no

  5  property found, or if a nolle prosse be entered, in each of

  6  these cases the fees of witnesses and officers arising from

  7  criminal causes shall be paid by the county in the manner

  8  specified in ss. 142.10-142.12; provided, that when a

  9  committing trial court judge magistrate holds to bail or

10  commits a person to answer to a criminal charge and an

11  information is not filed or an indictment found against such

12  person, the costs and fees of such committing trial shall not

13  be paid by the county, except the costs of executing the

14  warrants.

15         Section 6.  Subsection (3) of section 316.635, Florida

16  Statutes, is amended to read:

17         316.635  Courts having jurisdiction over traffic

18  violations; powers relating to custody and detention of

19  minors.--

20         (3)  If a minor is taken into custody for a criminal

21  traffic offense or a violation of chapter 322 and the minor

22  does not demand to be taken before a trial court judge, or a

23  Civil Traffic Infraction Hearing Officer, who has jurisdiction

24  over the offense or violation magistrate, the arresting

25  officer or booking officer shall immediately notify, or cause

26  to be notified, the minor's parents, guardian, or responsible

27  adult relative of the action taken. After making every

28  reasonable effort to give notice, the arresting officer or

29  booking officer may:

30

31

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  1         (a)  Issue a notice to appear pursuant to chapter 901

  2  and release the minor to a parent, guardian, responsible adult

  3  relative, or other responsible adult;

  4         (b)  Issue a notice to appear pursuant to chapter 901

  5  and release the minor pursuant to s. 903.06;

  6         (c)  Issue a notice to appear pursuant to chapter 901

  7  and deliver the minor to an appropriate substance abuse

  8  treatment or rehabilitation facility or refer the minor to an

  9  appropriate medical facility as provided in s. 901.29.  If the

10  minor cannot be delivered to an appropriate substance abuse

11  treatment or rehabilitation facility or medical facility, the

12  arresting officer may deliver the minor to an appropriate

13  intake office of the Department of Juvenile Justice, which

14  shall take custody of the minor and make any appropriate

15  referrals; or

16         (d)  If the violation constitutes a felony and the

17  minor cannot be released pursuant to s. 903.03, transport and

18  deliver the minor to an appropriate Department of Juvenile

19  Justice intake office. Upon delivery of the minor to the

20  intake office, the department shall assume custody and proceed

21  pursuant to chapter 984 or chapter 985.

22

23  If action is not taken pursuant to paragraphs (a)-(d), the

24  minor shall be delivered to the Department of Juvenile

25  Justice, and the department shall make every reasonable effort

26  to contact the parents, guardian, or responsible adult

27  relative to take custody of the minor. If there is no parent,

28  guardian, or responsible adult relative available, the

29  department may retain custody of the minor for up to 24 hours.

30         Section 7.  Section 373.603, Florida Statutes, is

31  amended to read:

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  1         373.603  Power to enforce.--The Department of

  2  Environmental Protection or the governing board of any water

  3  management district and any officer or agent thereof may

  4  enforce any provision of this law or any rule or regulation

  5  adopted and promulgated or order issued thereunder to the same

  6  extent as any peace officer is authorized to enforce the law.

  7  Any officer or agent of any such board may appear before any

  8  trial court judge magistrate empowered to issue warrants in

  9  criminal cases and make an affidavit and apply for the

10  issuance of a warrant in the manner provided by law.; and said

11  magistrate, If such affidavit alleges shall allege the

12  commission of an offense, the trial court judge shall issue a

13  warrant directed to any sheriff or deputy for the arrest of

14  any offender. The provisions of this section shall apply to

15  the Florida Water Resources Act of 1972 in its entirety.

16         Section 8.  Subsection (4) of section 381.0012, Florida

17  Statutes, is amended to read:

18         381.0012  Enforcement authority.--

19         (4)  The department may appear before any trial court

20  judge magistrate empowered to issue warrants in criminal cases

21  and request the issuance of a warrant.  The trial court judge

22  magistrate shall issue a warrant directed to any sheriff,

23  deputy, or police officer to assist in any way to carry out

24  the purpose and intent of this chapter.

25         Section 9.  Subsections (3) and (4) of section 450.121,

26  Florida Statutes, are amended to read:

27         450.121  Enforcement of Child Labor Law.--

28         (3)  It is the duty of any trial court judge magistrate

29  of any court in the state to issue warrants and try cases made

30  within the limit of any municipality city over which such

31

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  1  trial court judge magistrate has jurisdiction in connection

  2  with the violation of this law.

  3         (4)  Grand juries shall have inquisitorial powers to

  4  investigate violations of this chapter; also, trial county

  5  court judges and judges of the circuit courts shall specially

  6  charge the grand jury, at the beginning of each term of the

  7  court, to investigate violations of this chapter.

  8         Section 10.  Subsection (1) of section 560.306, Florida

  9  Statutes, is amended to read:

10         560.306  Standards.--

11         (1)  The department may deny registration if it finds

12  that the applicant, or any money transmitter-affiliated party

13  of the applicant, has been convicted of a felony involving

14  moral turpitude in any jurisdiction or of a crime which, if

15  committed in this state, would constitute a felony involving

16  moral turpitude under the laws of this state. For the purposes

17  of this part, a person shall be deemed to have been convicted

18  of a crime if such person has either pleaded guilty to or been

19  found guilty of a charge before a court or a federal

20  magistrate, or by the verdict of a jury, irrespective of the

21  pronouncement of sentence or the suspension thereof. The

22  department may take into consideration the fact that such plea

23  of guilty, or such decision, judgment, or verdict, has been

24  set aside, reversed, or otherwise abrogated by lawful judicial

25  process or that the person convicted of the crime received a

26  pardon from the jurisdiction where the conviction was entered

27  or received a certificate pursuant to any provision of law

28  which removes the disability under this part because of such

29  conviction.

30         Section 11.  Section 633.14, Florida Statutes, is

31  amended to read:

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  1         633.14  Agents; powers to make arrests, conduct

  2  searches and seizures, serve summonses, and carry

  3  firearms.--Agents of the State Fire Marshal shall have the

  4  same authority to serve summonses, make arrests, carry

  5  firearms, and make searches and seizures, as the sheriff or

  6  her or his deputies, in the respective counties where such

  7  investigations, hearings, or inspections may be held; and

  8  affidavits necessary to authorize any such arrests, searches,

  9  or seizures may be made before any trial court judge

10  magistrate having authority under the law to issue appropriate

11  processes.

12         Section 12.  Paragraph (d) of subsection (1) and

13  paragraph (c) of subsection (2) of section 648.44, Florida

14  Statutes, are amended to read:

15         648.44  Prohibitions; penalty.--

16         (1)  A bail bond agent, temporary bail bond agent, or

17  runner may not:

18         (d)  Pay a fee or rebate or give or promise anything of

19  value to a jailer, police officer, peace officer, or

20  committing trial court judge magistrate or any other person

21  who has power to arrest or to hold in custody or to any public

22  official or public employee in order to secure a settlement,

23  compromise, remission, or reduction of the amount of any bail

24  bond or estreatment thereof.

25         (2)  The following persons or classes shall not be bail

26  bond agents, temporary bail bond agents, runners, or employees

27  of a bail bond agent or a bail bond business and shall not

28  directly or indirectly receive any benefits from the execution

29  of any bail bond:

30         (c)  Committing trial court judges magistrates,

31  employees of a court, or employees of the clerk of any court.

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  1         Section 13.  Subsection (3) of section 817.482, Florida

  2  Statutes, is amended to read:

  3         817.482  Possessing or transferring device for theft of

  4  telecommunications service; concealment of destination of

  5  telecommunications service.--

  6         (3)  Any such instrument, apparatus, equipment, or

  7  device, or plans or instructions therefor, referred to in

  8  subsections (1) and (2), may be seized by court order or under

  9  a search warrant of a judge or magistrate or incident to a

10  lawful arrest; and upon the conviction of any person for a

11  violation of any provision of this act, or s. 817.481, such

12  instrument, apparatus, equipment, device, plans, or

13  instructions either shall be destroyed as contraband by the

14  sheriff of the county in which such person was convicted or

15  turned over to the telephone company in whose territory such

16  instrument, apparatus, equipment, device, plans, or

17  instructions were seized.

18         Section 14.  Subsection (5) of section 828.122, Florida

19  Statutes, is amended to read:

20         828.122  Fighting or baiting animals; offenses;

21  penalties.--

22         (5)  Whenever an indictment is returned or an

23  information is filed charging a violation of s. 828.12 or of

24  this section and, in the case of an information, a trial court

25  judge magistrate finds probable cause that a violation has

26  occurred, the court shall order the animals seized and shall

27  provide for appropriate and humane care or disposition of the

28  animals.  This provision shall not be construed as a

29  limitation on the power to seize animals as evidence at the

30  time of arrest.

31

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  1         Section 15.  Subsection (8) of section 832.05, Florida

  2  Statutes, is amended to read:

  3         832.05  Giving worthless checks, drafts, and debit card

  4  orders; penalty; duty of drawee; evidence; costs; complaint

  5  form.--

  6         (8)  COSTS.--When a prosecution is initiated under this

  7  section before any committing trial court judge magistrate,

  8  the party applying for the warrant shall be held liable for

  9  costs accruing in the event the case is dismissed for want of

10  prosecution.  No costs shall be charged to the county in such

11  dismissed cases.

12         Section 16.  Section 876.42, Florida Statutes, is

13  amended to read:

14         876.42  Witnesses' privileges.--No person shall be

15  excused from attending and testifying, or producing any books,

16  papers, or other documents before any court, magistrate,

17  referee, or grand jury upon any investigation, proceeding, or

18  trial, for or relating to or concerned with a violation of any

19  section of this law or attempt to commit such violation, upon

20  the ground or for the reason that the testimony or evidence,

21  documentary or otherwise, required by the state may tend to

22  convict the person of a crime or to subject him or her to a

23  penalty or forfeiture; but no person shall be prosecuted or

24  subjected to any penalty or forfeiture for or on account of

25  any transaction, matter, or thing concerning which the person

26  may so testify or produce evidence, documentary or otherwise,

27  and no testimony so given or produced shall be received

28  against the person, upon any criminal investigation,

29  proceeding, or trial, except upon a prosecution for perjury or

30  contempt of court, based upon the giving or producing of such

31  testimony.

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  1         Section 17.  Paragraph (a) of subsection (1) of section

  2  893.12, Florida Statutes, is amended to read:

  3         893.12  Contraband; seizure, forfeiture, sale.--

  4         (1)  All substances controlled by this chapter and all

  5  listed chemicals, which substances or chemicals are handled,

  6  delivered, possessed, or distributed contrary to any

  7  provisions of this chapter, and all such controlled substances

  8  or listed chemicals the lawful possession of which is not

  9  established or the title to which cannot be ascertained, are

10  declared to be contraband, are subject to seizure and

11  confiscation by any person whose duty it is to enforce the

12  provisions of the chapter, and shall be disposed of as

13  follows:

14         (a)  Except as in this section otherwise provided, the

15  court having jurisdiction shall order such controlled

16  substances or listed chemicals forfeited and destroyed.  A

17  record of the place where said controlled substances or listed

18  chemicals were seized, of the kinds and quantities of

19  controlled substances or listed chemicals destroyed, and of

20  the time, place, and manner of destruction shall be kept, and

21  a return under oath reporting said destruction shall be made

22  to the court or magistrate by the officer who destroys them.

23         Section 18.  Section 901.01, Florida Statutes, is

24  amended to read:

25         901.01  Judicial officers have to be committing

26  authority magistrates.--Each state judicial officer is a

27  conservator of the peace and has a committing magistrate with

28  authority to issue warrants of arrest, commit offenders to

29  jail, and recognize them to appear to answer the charge.  He

30  or she may require sureties of the peace when the peace has

31  been substantially threatened or disturbed.

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  1         Section 19.  Subsection (1) of section 901.02, Florida

  2  Statutes, is amended to read:

  3         901.02  When warrant of arrest to be issued.--

  4         (1)  A warrant may be issued for the arrest of the

  5  person complained against if the trial court judge magistrate,

  6  from the examination of the complainant and other witnesses,

  7  reasonably believes that the person complained against has

  8  committed an offense within the trial court judge's

  9  magistrate's jurisdiction. A warrant is issued at the time it

10  is signed by the trial court judge magistrate.

11         Section 20.  Section 901.07, Florida Statutes, is

12  amended to read:

13         901.07  Admission to bail when arrest occurs in another

14  county.--

15         (1)  When an arrest by a warrant occurs in a county

16  other than the one in which the alleged offense was committed

17  and the warrant issued, if the person arrested has a right to

18  bail, the arresting officer shall inform the person of his or

19  her right and, upon request, shall take the person before a

20  trial court judge magistrate or other official of the same

21  county having authority to admit to bail. The official shall

22  admit the person arrested to bail for his or her appearance

23  before the trial court judge magistrate who issued the

24  warrant.

25         (2)  If the person arrested does not have a right to

26  bail or, when informed of his or her right to bail, does not

27  furnish bail immediately, the officer who made the arrest or

28  the officer having the warrant shall take the person before

29  the trial court judge magistrate who issued the warrant.

30         Section 21.  Section 901.08, Florida Statutes, is

31  amended to read:

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  1         901.08  Issue of warrant when offense triable in

  2  another county.--

  3         (1)  When a complaint before a trial court judge

  4  magistrate charges the commission of an offense that is

  5  punishable by death or life imprisonment and is triable in

  6  another county of the state, but it appears that the person

  7  against whom the complaint is made is in the county where the

  8  complaint is made, the same proceedings for issuing a warrant

  9  shall be used as prescribed in this chapter, except that the

10  warrant shall require the person against whom the complaint is

11  made to be taken before a designated trial court judge

12  magistrate of the county in which the offense is triable.

13         (2)  If the person arrested has a right to bail, the

14  officer making the arrest shall inform the person of his or

15  her right to bail and, on request, shall take the person

16  before a trial court judge magistrate or other official having

17  authority to admit to bail in the county in which the arrest

18  is made.  The official shall admit the person to bail for his

19  or her appearance before the trial court judge magistrate

20  designated in the warrant.

21         (3)  If the person arrested does not have a right to

22  bail or, when informed of his or her right to bail, does not

23  furnish bail immediately, he or she shall be taken before the

24  trial court judge magistrate designated in the warrant.

25         Section 22.  Section 901.09, Florida Statutes, is

26  amended to read:

27         901.09  When summons shall be issued.--

28         (1)  When the complaint is for an offense that the

29  trial court judge magistrate is empowered to try summarily,

30  the trial court judge magistrate shall issue a summons instead

31  of a warrant, unless she or he reasonably believes that the

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  1  person against whom the complaint was made will not appear

  2  upon a summons, in which event the trial court judge

  3  magistrate shall issue a warrant.

  4         (2)  When the complaint is for a misdemeanor that the

  5  trial court judge magistrate is not empowered to try

  6  summarily, the trial court judge magistrate shall issue a

  7  summons instead of a warrant if she or he reasonably believes

  8  that the person against whom the complaint was made will

  9  appear upon a summons.

10         (3)  The summons shall set forth substantially the

11  nature of the offense and shall command the person against

12  whom the complaint was made to appear before the trial court

13  judge magistrate at a stated time and place.

14         Section 23.  Section 901.11, Florida Statutes, is

15  amended to read:

16         901.11  Effect of not answering summons.--Failure to

17  appear as commanded by a summons without good cause is an

18  indirect criminal contempt of court and may be punished by a

19  fine of not more than $100.  When a person fails to appear as

20  commanded by a summons, the trial court judge magistrate shall

21  issue a warrant.  If the trial court judge magistrate acquires

22  reason to believe that the person summoned will not appear as

23  commanded after issuing a summons, the trial court judge

24  magistrate may issue a warrant.

25         Section 24.  Section 901.12, Florida Statutes, is

26  amended to read:

27         901.12  Summons against corporation.--When a complaint

28  of an offense is made against a corporation, the trial court

29  judge magistrate shall issue a summons that shall set forth

30  substantially the nature of the offense and command the

31

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  1  corporation to appear before the trial court judge magistrate

  2  at a stated time and place.

  3         Section 25.  Subsection (3) of section 901.25, Florida

  4  Statutes, is amended to read:

  5         901.25  Fresh pursuit; arrest outside jurisdiction.--

  6         (3)  If an arrest is made in this state by an officer

  7  outside the county within which his or her jurisdiction lies,

  8  the officer shall immediately notify the officer in charge of

  9  the jurisdiction in which the arrest is made.  Such officer in

10  charge of the jurisdiction shall, along with the officer

11  making the arrest, take the person so arrested before a trial

12  county court judge or other committing magistrate of the

13  county in which the arrest was made without unnecessary delay.

14         Section 26.  Section 902.15, Florida Statutes, is

15  amended to read:

16         902.15  Undertaking by witness.--When a defendant is

17  held to answer on a charge for a crime punishable by death or

18  life imprisonment, the trial court judge magistrate at the

19  preliminary hearing may require each material witness to enter

20  into a written recognizance to appear at the trial or forfeit

21  a sum fixed by the trial court judge magistrate. Additional

22  security may be required in the discretion of the trial court

23  judge magistrate.

24         Section 27.  Subsections (1), (2), and (3) of section

25  902.17, Florida Statutes, are amended to read:

26         902.17  Procedure when witness does not give

27  security.--

28         (1)  If a witness required to enter into a recognizance

29  to appear refuses to comply with the order, the trial court

30  judge magistrate shall commit the witness to custody until she

31  or he complies or she or he is legally discharged.

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  1         (2)  If the trial court judge magistrate requires a

  2  witness to give security for her or his appearance and the

  3  witness is unable to give the security, the witness may apply

  4  to the court having jurisdiction to try the defendant for a

  5  reduction of the security.

  6         (3)  If it appears from examination on oath of the

  7  witness or any other person that the witness is unable to give

  8  security, the trial court judge magistrate or the court having

  9  jurisdiction to try the defendant shall make an order finding

10  that fact, and the witness shall be detained pending

11  application for her or his conditional examination. Within 3

12  days after from the entry of the order, the witness shall be

13  conditionally examined on application of the state or the

14  defendant.  The examination shall be by question and answer in

15  the presence of the other party and counsel, and shall be

16  transcribed by a court reporter or stenographer selected by

17  the parties. At the completion of the examination the witness

18  shall be discharged. The deposition of the witness may be

19  introduced in evidence at the trial by the defendant, or, if

20  the prosecuting attorney and the defendant and the defendant's

21  counsel agree, it may be admitted in evidence by stipulation.

22  The deposition shall not be admitted on behalf of the state

23  without the consent of the defendant.

24         Section 28.  Section 902.20, Florida Statutes, is

25  amended to read:

26         902.20  Contempts before committing trial court judge

27  magistrate.--A committing trial court judge magistrate holding

28  a preliminary hearing shall have the same power to punish for

29  contempts that she or he has while presiding at the trial of

30  criminal cases.

31

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  1         Section 29.  Section 902.21, Florida Statutes, is

  2  amended to read:

  3         902.21  Commitment to jail in another county.--If a

  4  person is committed in a county where there is no jail, the

  5  committing trial court judge magistrate shall direct the

  6  sheriff to deliver the accused to a jail in another county.

  7         Section 30.  Subsection (1) of section 903.03, Florida

  8  Statutes, is amended to read:

  9         903.03  Jurisdiction of trial court to admit to bail;

10  duties and responsibilities of Department of Corrections.--

11         (1)  After a person is held to answer by a trial court

12  judge magistrate, the court having jurisdiction to try the

13  defendant shall, before indictment, affidavit, or information

14  is filed, have jurisdiction to hear and decide all preliminary

15  motions regarding bail and production or impounding of all

16  articles, writings, moneys, or other exhibits expected to be

17  used at the trial by either the state or the defendant.

18         Section 31.  Subsection (2) of section 903.32, Florida

19  Statutes, is amended to read:

20         903.32  Defects in bond.--

21         (2)  If no day, or an impossible day, is stated in a

22  bond for the defendant's appearance before a trial court judge

23  magistrate for a hearing, the defendant shall be bound to

24  appear 10 days after receipt of notice to appear by the

25  defendant, the defendant's counsel, or any surety on the

26  undertaking. If no day, or an impossible day, is stated in a

27  bond for the defendant's appearance for trial, the defendant

28  shall be bound to appear on the first day of the next term of

29  court that will commence more than 3 days after the

30  undertaking is given.

31

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  1         Section 32.  Section 903.34, Florida Statutes, is

  2  amended to read:

  3         903.34  Who may admit to bail.--In criminal actions

  4  instituted or pending in any state court, bonds given by

  5  defendants before trial until appeal shall be approved by a

  6  committing trial court judge magistrate or the sheriff. Appeal

  7  bonds shall be approved as provided in s. 924.15.

  8         Section 33.  Subsection (4) of section 914.22, Florida

  9  Statutes, is amended to read:

10         914.22  Tampering with a witness, victim, or

11  informant.--

12         (4)  In a prosecution for an offense under this

13  section, no state of mind need be proved with respect to the

14  circumstance:

15         (a)  That the official proceeding before a judge,

16  court, magistrate, grand jury, or government agency is before

17  a judge or court of the state, a state or local grand jury, or

18  a state agency; or

19         (b)  That the judge is a judge of the state or that the

20  law enforcement officer is an officer or employee of the state

21  or a person authorized to act for or on behalf of the state or

22  serving the state as an adviser or consultant.

23         Section 34.  Section 923.01, Florida Statutes, is

24  amended to read:

25         923.01  Criminal report.--Each committing trial court

26  judge magistrate at the time commitment papers are sent by her

27  or him to the proper trial court, and the sheriff when an

28  arrest is made, other than on a capias, shall transmit to the

29  prosecuting attorney of the trial court having jurisdiction, a

30  report in the following form:

31

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  1                         CRIMINAL REPORT

  2  Date: .... Name and address of defendant: .... Age: ..... If

  3  under 18, give name and address of parent, next friend, or

  4  guardian: .... Name of offense, such as murder, assault,

  5  robbery, etc.: .... Date and place where committed: .... Value

  6  of property stolen: .... Kind of property stolen: .... Kind of

  7  building robbed: .... Name and address of owner of property

  8  stolen or building robbed: .... Name and address of occupant

  9  of building robbed: .... Name of party assaulted or murdered:

10  .... Weapon used in assault or murder: .... Exhibits taken at

11  scene of crime or from defendant: .... Name of custodian of

12  such exhibits: .... Location of building or place where

13  offense committed: .... Previous prison record of defendant:

14  .... Has defendant been arrested: .... Does defendant desire

15  to plead guilty: .... Names and addresses of state witnesses:

16  .... Name of defendant's lawyer: .... If defendant is released

17  on bond, names and addresses of sureties: .... Brief statement

18  of facts: .... Name of committing trial court judge

19  magistrate: .... If additional space required, use reverse

20  side of this sheet.

21                  ...(Signature of party making this report.)...

22         Section 35.  Section 933.01, Florida Statutes, is

23  amended to read:

24         933.01  Persons competent to issue search warrant.--A

25  search warrant authorized by law may be issued by any judge,

26  including the judge of any circuit court of this state or

27  county court judge, or committing judge of the trial court

28  magistrate having jurisdiction where the place, vehicle, or

29  thing to be searched may be.

30         Section 36.  Section 933.06, Florida Statutes, is

31  amended to read:

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  1         933.06  Sworn application required before

  2  issuance.--The judge or magistrate must, before issuing the

  3  warrant, have the application of some person for said warrant

  4  duly sworn to and subscribed, and may receive further

  5  testimony from witnesses or supporting affidavits, or

  6  depositions in writing, to support the application.  The

  7  affidavit and further proof, if same be had or required, must

  8  set forth the facts tending to establish the grounds of the

  9  application or probable cause for believing that they exist.

10         Section 37.  Section 933.07, Florida Statutes, is

11  amended to read:

12         933.07  Issuance of search warrants.--The judge, upon

13  examination of the application and proofs submitted, if

14  satisfied that probable cause exists for the issuing of the

15  search warrant, shall thereupon issue a search warrant signed

16  by him or her with his or her name of office, to any sheriff

17  and the sheriff's deputies or any police officer or other

18  person authorized by law to execute process, commanding the

19  officer or person forthwith to search the property described

20  in the warrant or the person named, for the property

21  specified, and to bring the property and any person arrested

22  in connection therewith before the judge magistrate or some

23  other court having jurisdiction of the offense.

24         Section 38.  Section 933.10, Florida Statutes, is

25  amended to read:

26         933.10  Execution of search warrant during day or

27  night.--A search warrant issued under the provisions of this

28  chapter may, if expressly authorized in such warrant by the

29  judge or magistrate issuing the same, be executed by being

30  served either in the daytime or in the nighttime, as the

31  exigencies of the occasion may demand or require.

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  1         Section 39.  Section 933.101, Florida Statutes, is

  2  amended to read:

  3         933.101  Service on Sunday.--A search warrant may be

  4  executed by being served on Sunday, if expressly authorized in

  5  such warrant by the judge or magistrate issuing the same.

  6         Section 40.  Section 933.13, Florida Statutes, is

  7  amended to read:

  8         933.13  Copy of inventory shall be delivered upon

  9  request.--The judge or magistrate to whom the warrant is

10  returned, upon the request of any claimant or any person from

11  whom said property is taken, or the officer who executed the

12  search warrant, shall deliver to said applicant a true copy of

13  the inventory of the property mentioned in the return on said

14  warrant.

15         Section 41.  Subsections (1), (3), and (4) of section

16  933.14, Florida Statutes, are amended to read:

17         933.14  Return of property taken under search

18  warrant.--

19         (1)  If it appears to the magistrate or judge before

20  whom the warrant is returned that the property or papers taken

21  are not the same as that described in the warrant, or that

22  there is no probable cause for believing the existence of the

23  grounds upon which the warrant was issued, or if it appears to

24  the judge magistrate before whom any property is returned that

25  the property was secured by an "unreasonable" search, the

26  judge or magistrate may order a return of the property taken;

27  provided, however, that in no instance shall contraband such

28  as slot machines, gambling tables, lottery tickets, tally

29  sheets, rundown sheets, or other gambling devices,

30  paraphernalia and equipment, or narcotic drugs, obscene prints

31  and literature be returned to anyone claiming an interest

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  1  therein, it being the specific intent of the Legislature that

  2  no one has any property rights subject to be protected by any

  3  constitutional provision in such contraband; provided,

  4  further, that the claimant of said contraband may upon sworn

  5  petition and proof submitted by him or her in the circuit

  6  court of the county where seized, show that said contraband

  7  articles so seized were held, used or possessed in a lawful

  8  manner, for a lawful purpose, and in a lawful place, the

  9  burden of proof in all cases being upon the claimant.  The

10  sworn affidavit or complaint upon which the search warrant was

11  issued or the testimony of the officers showing probable cause

12  to search without a warrant or incident to a legal arrest, and

13  the finding of such slot machines, gambling tables, lottery

14  tickets, tally sheets, rundown sheets, scratch sheets, or

15  other gambling devices, paraphernalia, and equipment,

16  including money used in gambling or in furtherance of

17  gambling, or narcotic drugs, obscene prints and literature, or

18  any of them, shall constitute prima facie evidence of the

19  illegal possession of such contraband and the burden shall be

20  upon the claimant for the return thereof, to show that such

21  contraband was lawfully acquired, possessed, held, and used.

22         (3)  No pistol or firearm taken by any officer with a

23  search warrant or without a search warrant upon a view by the

24  officer of a breach of the peace shall be returned except

25  pursuant to an order of a trial circuit judge or a county

26  court judge.

27         (4)  If no cause is shown for the return of any

28  property seized or taken under a search warrant, the judge or

29  magistrate shall order that the same be impounded for use as

30  evidence at any trial of any criminal or penal cause growing

31  out of the having or possession of said property, but

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  1  perishable property held or possessed in violation of law may

  2  be sold where the same is not prohibited, as may be directed

  3  by the court, or returned to the person from whom taken.  The

  4  judge or magistrate to whom said search warrant is returned

  5  shall file the same with the inventory and sworn return in the

  6  proper office, and if the original affidavit and proofs upon

  7  which the warrant was issued are in his or her possession, he

  8  or she shall apply to the officer having the same and the

  9  officer shall transmit and deliver all of the papers, proofs,

10  and certificates to the proper office where the proceedings

11  are lodged.

12         Section 42.  Section 939.02, Florida Statutes, is

13  amended to read:

14         939.02  Costs before committing trial court judge

15  magistrate.--All costs accruing before a committing trial

16  court judge magistrate shall be taxed against the defendant on

17  conviction or estreat of recognizance.

18         Section 43.  Section 939.14, Florida Statutes, is

19  amended to read:

20         939.14  County not to pay costs in cases where

21  information is not filed or indictment found.--When a

22  committing trial court judge magistrate holds to bail or

23  commits any person to answer a criminal charge in a county

24  court or a circuit court, and an information is not filed nor

25  an indictment found against such person, the costs of such

26  committing trial shall not be paid by the county, except the

27  costs for executing the warrant.

28         Section 44.  Section 941.13, Florida Statutes, is

29  amended to read:

30         941.13  Arrest prior to requisition.--Whenever any

31  person within this state shall be charged on the oath of any

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  1  credible person before any judge or magistrate of this state

  2  with the commission of any crime in any other state, and,

  3  except in cases arising under s. 941.06, with having fled from

  4  justice or with having been convicted of a crime in that state

  5  and having escaped from confinement, or having broken the

  6  terms of his or her bail, probation, or parole, or whenever

  7  complaint shall have been made before any judge or magistrate

  8  in this state setting forth on the affidavit of any credible

  9  person in another state that a crime has been committed in

10  such other state and that the accused has been charged in such

11  state with the commission of the crime, and, except in cases

12  arising under s. 941.06, has fled from justice, or with having

13  been convicted of a crime in that state and having escaped

14  from confinement, or having broken the terms of his or her

15  bail, probation, or parole, and is believed to be in this

16  state, the judge or magistrate shall issue a warrant directed

17  to any peace officer commanding him or her to apprehend the

18  person named therein, wherever the person may be found in this

19  state, and to bring the person before the same or any other

20  judge, magistrate, or court who or which may be available in,

21  or convenient of, access to the place where the arrest may be

22  made, to answer the charge or complaint and affidavit, and a

23  certified copy of the sworn charge or complaint and affidavit

24  upon which the warrant is issued shall be attached to the

25  warrant.

26         Section 45.  Section 941.14, Florida Statutes, is

27  amended to read:

28         941.14  Arrest without a warrant.--The arrest of a

29  person may be lawfully made also by any peace officer or a

30  private person, without a warrant upon reasonable information

31  that the accused stands charged in the courts of a state with

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  1  a crime punishable by death or imprisonment for a term

  2  exceeding 1 year, but when so arrested the accused must be

  3  taken before a judge or magistrate with all practicable speed

  4  and complaint must be made against the accused under oath

  5  setting forth the ground for the arrest as in the preceding

  6  section; and thereafter his or her answer shall be heard as if

  7  the accused had been arrested on a warrant.

  8         Section 46.  Section 941.15, Florida Statutes, is

  9  amended to read:

10         941.15  Commitment to await requisition; bail.--If from

11  the examination before the judge or magistrate it appears that

12  the person held is the person charged with having committed

13  the crime alleged and, except in cases arising under s.

14  941.06, that the person has fled from justice, the judge or

15  magistrate must, by a warrant reciting the accusation, commit

16  the person to the county jail for such a time not exceeding 30

17  days and specified in the warrant, as will enable the arrest

18  of the accused to be made under a warrant of the Governor on a

19  requisition of the executive authority of the state having

20  jurisdiction of the offense, unless the accused gives give

21  bail as provided in s. 941.16 the next section, or until the

22  accused shall be legally discharged.

23         Section 47.  Section 941.17, Florida Statutes, is

24  amended to read:

25         941.17  Extension of time of commitment,

26  adjournment.--If the accused is not arrested under warrant of

27  the Governor by the expiration of the time specified in the

28  warrant or bond, a judge or magistrate may discharge the

29  accused or may recommit him or her for a further period not to

30  exceed 60 days, or a judge or magistrate judge may again take

31  bail for his or her appearance and surrender, as provided in

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  1  s. 941.16, but within a period not to exceed 60 days after the

  2  date of such new bond.

  3         Section 48.  Section 941.18, Florida Statutes, is

  4  amended to read:

  5         941.18  Forfeiture of bail.--If the prisoner is

  6  admitted to bail, and fails to appear and surrender himself or

  7  herself according to the conditions of his or her bond, the

  8  judge, or magistrate by proper order, shall declare the bond

  9  forfeited and order his or her immediate arrest without

10  warrant if he or she is be within this state. Recovery may be

11  had on such bond in the name of the state as in the case of

12  other bonds given by the accused in criminal proceedings

13  within this state.

14         Section 49.  Subsection (2) of section 947.141, Florida

15  Statutes, is amended to read:

16         947.141  Violations of conditional release, control

17  release, or conditional medical release.--

18         (2)  Upon the arrest on a felony charge of an offender

19  who is on release supervision under s. 947.1405, s. 947.146,

20  or s. 947.149, the offender must be detained without bond

21  until the initial appearance of the offender at which a

22  judicial determination of probable cause is made. If the trial

23  court judge magistrate determines that there was no probable

24  cause for the arrest, the offender may be released. If the

25  trial court judge magistrate determines that there was

26  probable cause for the arrest, such determination also

27  constitutes reasonable grounds to believe that the offender

28  violated the conditions of the release. Within 24 hours after

29  the trial court judge's magistrate's finding of probable

30  cause, the detention facility administrator or designee shall

31  notify the commission and the department of the finding and

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  1  transmit to each a facsimile copy of the probable cause

  2  affidavit or the sworn offense report upon which the trial

  3  court judge's magistrate's probable cause determination is

  4  based. The offender must continue to be detained without bond

  5  for a period not exceeding 72 hours excluding weekends and

  6  holidays after the date of the probable cause determination,

  7  pending a decision by the commission whether to issue a

  8  warrant charging the offender with violation of the conditions

  9  of release. Upon the issuance of the commission's warrant, the

10  offender must continue to be held in custody pending a

11  revocation hearing held in accordance with this section.

12         Section 50.  Subsection (1) of section 948.06, Florida

13  Statutes, is amended to read:

14         948.06  Violation of probation or community control;

15  revocation; modification; continuance; failure to pay

16  restitution or cost of supervision.--

17         (1)  Whenever within the period of probation or

18  community control there are reasonable grounds to believe that

19  a probationer or offender in community control has violated

20  his or her probation or community control in a material

21  respect, any law enforcement officer who is aware of the

22  probationary or community control status of the probationer or

23  offender in community control or any parole or probation

24  supervisor may arrest or request any county or municipal law

25  enforcement officer to arrest such probationer or offender

26  without warrant wherever found and forthwith return him or her

27  to the court granting such probation or community control. Any

28  committing trial court judge magistrate may issue a warrant,

29  upon the facts being made known to him or her by affidavit of

30  one having knowledge of such facts, for the arrest of the

31  probationer or offender, returnable forthwith before the court

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  1  granting such probation or community control. Any parole or

  2  probation supervisor, any officer authorized to serve criminal

  3  process, or any peace officer of this state is authorized to

  4  serve and execute such warrant. The court, upon the

  5  probationer or offender being brought before it, shall advise

  6  him or her of such charge of violation and, if such charge is

  7  admitted to be true, may forthwith revoke, modify, or continue

  8  the probation or community control or place the probationer

  9  into a community control program. If probation or community

10  control is revoked, the court shall adjudge the probationer or

11  offender guilty of the offense charged and proven or admitted,

12  unless he or she has previously been adjudged guilty, and

13  impose any sentence which it might have originally imposed

14  before placing the probationer on probation or the offender

15  into community control. If such violation of probation or

16  community control is not admitted by the probationer or

17  offender, the court may commit him or her or release him or

18  her with or without bail to await further hearing, or it may

19  dismiss the charge of probation or community control

20  violation. If such charge is not at that time admitted by the

21  probationer or offender and if it is not dismissed, the court,

22  as soon as may be practicable, shall give the probationer or

23  offender an opportunity to be fully heard on his or her behalf

24  in person or by counsel. After such hearing, the court may

25  revoke, modify, or continue the probation or community control

26  or place the probationer into community control. If such

27  probation or community control is revoked, the court shall

28  adjudge the probationer or offender guilty of the offense

29  charged and proven or admitted, unless he or she has

30  previously been adjudged guilty, and impose any sentence which

31  it might have originally imposed before placing the

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  1  probationer or offender on probation or into community

  2  control.

  3         Section 51.  Paragraph (b) of subsection (4) of section

  4  985.05, Florida Statutes, is amended to read:

  5         985.05  Court records.--

  6         (4)  A court record of proceedings under this part is

  7  not admissible in evidence in any other civil or criminal

  8  proceeding, except that:

  9         (b)  Orders binding an adult over for trial on a

10  criminal charge, made by the committing trial court judge as a

11  committing magistrate, are admissible in evidence in the court

12  to which the adult is bound over.

13         Section 52.  Section 56.071, Florida Statutes, is

14  amended to read:

15         56.071  Executions on equities of redemption; discovery

16  of value.--On motion made by the party causing a levy to be

17  made on an equity of redemption, the court from which the

18  execution issued shall order the mortgagor, mortgagee, and all

19  other persons interested in the mortgaged property levied on

20  to appear and be examined about the amount remaining due on

21  the mortgage, the amount that has been paid, the party to whom

22  that amount has been paid, and the date when that amount was

23  paid to whom and when paid so that the value of the equity of

24  redemption may be ascertained before the property it is sold.

25  The court may appoint a general or special magistrate master

26  to conduct the examination.  This section shall also apply to

27  the interest of and personal property in possession of a

28  vendee under a retained title contract or conditional sales

29  contract.

30         Section 53.  Subsections (2), (7), and (10) of section

31  56.29, Florida Statutes, are amended to read:

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  1         56.29  Proceedings supplementary.--

  2         (2)  On such plaintiff's motion the court shall require

  3  the defendant in execution to appear before it or a general or

  4  special magistrate master at a time and place specified by the

  5  order in the county of the defendant's residence to be

  6  examined concerning his or her property.

  7         (7)  At any time the court may refer the proceeding to

  8  a general or special magistrate master who may be directed to

  9  report findings of law or fact, or both.  The general or

10  special magistrate master has all the powers thereof,

11  including the power to issue subpoena, and shall be paid the

12  fees provided by law.

13         (10)  Any person failing to obey any order issued under

14  this section by a judge or general or special magistrate

15  master or failing to attend in response to a subpoena served

16  on him or her may be held in contempt.

17         Section 54.  Subsection (4) of section 61.1826, Florida

18  Statutes, is amended to read:

19         61.1826  Procurement of services for State Disbursement

20  Unit and the non-Title IV-D component of the State Case

21  Registry; contracts and cooperative agreements; penalties;

22  withholding payment.--

23         (4)  COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The

24  contract between the Florida Association of Court Clerks and

25  the department, and cooperative agreements entered into by the

26  depositories and the department, must contain, but are not

27  limited to, the following terms:

28         (a)  The initial term of the contract and cooperative

29  agreements is for 5 years. The subsequent term of the contract

30  and cooperative agreements is for 3 years, with the option of

31

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  1  two 1-year renewal periods, at the sole discretion of the

  2  department.

  3         (b)  The duties and responsibilities of the Florida

  4  Association of Court Clerks, the depositories, and the

  5  department.

  6         (c)  Under s. 287.058(1)(a), all providers and

  7  subcontractors shall submit to the department directly, or

  8  through the Florida Association of Court Clerks, a report of

  9  monthly expenditures in a format prescribed by the department

10  and in sufficient detail for a proper preaudit and postaudit

11  thereof.

12         (d)  All providers and subcontractors shall submit to

13  the department directly, or through the Florida Association of

14  Court Clerks, management reports in a format prescribed by the

15  department.

16         (e)  All subcontractors shall comply with chapter 280,

17  as may be required.

18         (f)  Federal financial participation for eligible Title

19  IV-D expenditures incurred by the Florida Association of Court

20  Clerks and the depositories shall be at the maximum level

21  permitted by federal law for expenditures incurred for the

22  provision of services in support of child support enforcement

23  in accordance with 45 C.F.R. part 74 and Federal Office of

24  Management and Budget Circulars A-87 and A-122 and based on an

25  annual cost allocation study of each depository. The

26  depositories shall submit directly, or through the Florida

27  Association of Court Clerks, claims for Title IV-D

28  expenditures monthly to the department in a standardized

29  format as prescribed by the department. The Florida

30  Association of Court Clerks shall contract with a certified

31  public accounting firm, selected by the Florida Association of

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  1  Court Clerks and the department, to audit and certify

  2  quarterly to the department all claims for expenditures

  3  submitted by the depositories for Title IV-D reimbursement.

  4         (g)  Upon termination of the contracts between the

  5  department and the Florida Association of Court Clerks or the

  6  depositories, the Florida Association of Court Clerks, its

  7  agents, and the depositories shall assist the department in

  8  making an orderly transition to a private vendor.

  9         (h)  Interest on late payment by the department shall

10  be in accordance with s. 215.422.

11

12  If either the department or the Florida Association of Court

13  Clerks objects to a term of the standard cooperative agreement

14  or contract specified in subsections (2) and (3), the disputed

15  term or terms shall be presented jointly by the parties to the

16  Attorney General or the Attorney General's designee, who shall

17  act as special magistrate master. The special magistrate

18  master shall resolve the dispute in writing within 10 days.

19  The resolution of a dispute by the special magistrate master

20  is binding on the department and the Florida Association of

21  Court Clerks.

22         Section 55.  Section 64.061, Florida Statutes, is

23  amended to read:

24         64.061  Partition of property; commissioners; special

25  magistrate master.--

26         (1)  APPOINTMENT AND REMOVAL.--When a judgment of

27  partition is made, the court shall appoint three suitable

28  persons as commissioners to make the partition.  They shall be

29  selected by the court unless agreed on by the parties. They

30  may be removed by the court for good cause and others

31  appointed in their places.

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  1         (2)  POWERS, DUTIES, COMPENSATION AND REPORT OF

  2  COMMISSIONERS.--The commissioners shall be sworn to execute

  3  the trust imposed in them faithfully and impartially before

  4  entering on their duties; have power to employ a surveyor, if

  5  necessary, for the purpose of making partition; be allowed

  6  such sum as is reasonable for their services; to make

  7  partition of the lands in question according to the court's

  8  order and report it in writing to the court without delay.

  9         (3)  EXCEPTIONS TO REPORT AND FINAL JUDGMENT.--Any

10  party may file objections to the report of the commissioners

11  within 10 days after it is served.  If no objections are filed

12  or if the court is satisfied on hearing any such objections

13  that they are not well-founded, the report shall be confirmed,

14  and a final judgment entered vesting in the parties the title

15  to the parcels of the lands allotted to them respectively, and

16  giving each of them the possession of and quieting title to

17  their respective shares as against the other parties to the

18  action or those claiming through or under them.

19         (4)  APPOINTMENT OF SPECIAL MAGISTRATE MASTER WHERE

20  PROPERTY NOT SUBJECT TO PARTITION.--On an uncontested

21  allegation in a pleading that the property sought to be

22  partitioned is indivisible and is not subject to partition

23  without prejudice to the owners of it or if a judgment of

24  partition is entered and the court is satisfied that the

25  allegation is correct, on motion of any party and notice to

26  the others the court may appoint a special magistrate master

27  or the clerk to make sale of the property either at private

28  sale or as provided by s. 64.071.

29         Section 56.  Subsection (5) of section 65.061, Florida

30  Statutes, is amended to read:

31         65.061  Quieting title; additional remedy.--

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  1         (5)  RECORDING FINAL JUDGMENTS.--All final judgments

  2  may be recorded in the county or counties in which the land is

  3  situated and operate to vest title in like manner as though a

  4  conveyance were executed by a special magistrate master or

  5  commissioner.

  6         Section 57.  Section 69.051, Florida Statutes, is

  7  amended to read:

  8         69.051  General and special magistrates Masters in

  9  chancery; compensation.--General and special magistrates

10  appointed by the court Masters in chancery shall be allowed

11  such compensation for any services as the court deems

12  reasonable, including time consumed in legal research required

13  in preparing and summarizing their findings of fact and law.

14         Section 58.  Section 70.51, Florida Statutes, is

15  amended to read:

16         70.51  Land use and environmental dispute resolution.--

17         (1)  This section may be cited as the "Florida Land Use

18  and Environmental Dispute Resolution Act."

19         (2)  As used in this section, the term:

20         (a)  "Development order" means any order, or notice of

21  proposed state or regional governmental agency action, which

22  is or will have the effect of granting, denying, or granting

23  with conditions an application for a development permit, and

24  includes the rezoning of a specific parcel.  Actions by the

25  state or a local government on comprehensive plan amendments

26  are not development orders.

27         (b)  "Development permit" means any building permit,

28  zoning permit, subdivision approval, certification, special

29  exception, variance, or any other similar action of local

30  government, as well as any permit authorized to be issued

31  under state law by state, regional, or local government which

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  1  has the effect of authorizing the development of real property

  2  including, but not limited to, programs implementing chapters

  3  125, 161, 163, 166, 187, 258, 372, 373, 378, 380, and 403.

  4         (c)  "Special magistrate master" means a person

  5  selected by the parties to perform the duties prescribed in

  6  this section.  The special magistrate master must be a

  7  resident of the state and possess experience and expertise in

  8  mediation and at least one of the following disciplines and a

  9  working familiarity with the others: land use and

10  environmental permitting, land planning, land economics, local

11  and state government organization and powers, and the law

12  governing the same.

13         (d)  "Owner" means a person with a legal or equitable

14  interest in real property who filed an application for a

15  development permit for the property at the state, regional, or

16  local level and who received a development order, or who holds

17  legal title to real property that is subject to an enforcement

18  action of a governmental entity.

19         (e)  "Proposed use of the property" means the proposal

20  filed by the owner to develop his or her real property.

21         (f)  "Governmental entity" includes an agency of the

22  state, a regional or a local government created by the State

23  Constitution or by general or special act, any county or

24  municipality, or any other entity that independently exercises

25  governmental authority.  The term does not include the United

26  States or any of its agencies.

27         (g)  "Land" or "real property" means land and includes

28  any appurtenances and improvements to the land, including any

29  other relevant real property in which the owner had a relevant

30  interest.

31

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  1         (3)  Any owner who believes that a development order,

  2  either separately or in conjunction with other development

  3  orders, or an enforcement action of a governmental entity, is

  4  unreasonable or unfairly burdens the use of the owner's real

  5  property, may apply within 30 days after receipt of the order

  6  or notice of the governmental action for relief under this

  7  section.

  8         (4)  To initiate a proceeding under this section, an

  9  owner must file a request for relief with the elected or

10  appointed head of the governmental entity that issued the

11  development order or orders, or that initiated the enforcement

12  action.  The head of the governmental entity may not charge

13  the owner for the request for relief and must forward the

14  request for relief to the special magistrate master who is

15  mutually agreed upon by the owner and the governmental entity

16  within 10 days after receipt of the request.

17         (5)  The governmental entity with whom a request has

18  been filed shall also serve a copy of the request for relief

19  by United States mail or by hand delivery to:

20         (a)  Owners of real property contiguous to the owner's

21  property at the address on the latest county tax roll.

22         (b)  Any substantially affected party who submitted

23  oral or written testimony, sworn or unsworn, of a substantive

24  nature which stated with particularity objections to or

25  support for any development order at issue or enforcement

26  action at issue.  Notice under this paragraph is required only

27  if that party indicated a desire to receive notice of any

28  subsequent special magistrate master proceedings occurring on

29  the development order or enforcement action. Each governmental

30  entity must maintain in its files relating to particular

31  development orders a mailing list of persons who have

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  1  presented oral or written testimony and who have requested

  2  notice.

  3         (6)  The request for relief must contain:

  4         (a)  A brief statement of the owner's proposed use of

  5  the property.

  6         (b)  A summary of the development order or description

  7  of the enforcement action.  A copy of the development order or

  8  the documentation of an enforcement action at issue must be

  9  attached to the request.

10         (c)  A brief statement of the impact of the development

11  order or enforcement action on the ability of the owner to

12  achieve the proposed use of the property.

13         (d)  A certificate of service showing the parties,

14  including the governmental entity, served.

15         (7)  The special magistrate master may require other

16  information in the interest of gaining a complete

17  understanding of the request for relief.

18         (8)  The special magistrate master may conduct a

19  hearing on whether the request for relief should be dismissed

20  for failing to include the information required in subsection

21  (6).  If the special magistrate master dismisses the case, the

22  special magistrate master shall allow the owner to amend the

23  request and refile.  Failure to file an adequate amended

24  request within the time specified shall result in a dismissal

25  with prejudice as to this proceeding.

26         (9)  By requesting relief under this section, the owner

27  consents to grant the special magistrate master and the

28  parties reasonable access to the real property with advance

29  notice at a time and in a manner acceptable to the owner of

30  the real property.

31

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  1         (10)(a)  Before initiating a special magistrate master

  2  proceeding to review a local development order or local

  3  enforcement action, the owner must exhaust all nonjudicial

  4  local government administrative appeals if the appeals take no

  5  longer than 4 months.  Once nonjudicial local administrative

  6  appeals are exhausted and the development order or enforcement

  7  action is final, or within 4 months after issuance of the

  8  development order or notice of the enforcement action if the

  9  owner has pursued local administrative appeals even if the

10  appeals have not been concluded, the owner may initiate a

11  proceeding under this section.  Initiation of a proceeding

12  tolls the time for seeking judicial review of a local

13  government development order or enforcement action until the

14  special magistrate's master's recommendation is acted upon by

15  the local government. Election by the owner to file for

16  judicial review of a local government development order or

17  enforcement action prior to initiating a proceeding under this

18  section waives any right to a special magistrate master

19  proceeding.

20         (b)  If an owner requests special master relief under

21  this section from a development order or enforcement action

22  issued by a state or regional agency, the time for challenging

23  agency action under ss. 120.569 and 120.57 is tolled. If an

24  owner chooses to bring a proceeding under ss. 120.569 and

25  120.57 before initiating a special master proceeding under

26  this section, then the owner waives any right to a special

27  magistrate master proceeding unless all parties consent to

28  proceeding to mediation.

29         (11)  The initial party to the proceeding is the

30  governmental entity that issues the development order to the

31  owner or that is taking the enforcement action.  In those

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  1  instances when the development order or enforcement action is

  2  the culmination of a process involving more than one

  3  governmental entity or when a complete resolution of all

  4  relevant issues would require the active participation of more

  5  than one governmental entity, the special magistrate master

  6  may, upon application of a party, join those governmental

  7  entities as parties to the proceeding if it will assist in

  8  effecting the purposes of this section, and those governmental

  9  entities so joined shall actively participate in the

10  procedure.

11         (12)  Within 21 days after receipt of the request for

12  relief, any owner of land contiguous to the owner's property

13  and any substantially affected person who submitted oral or

14  written testimony, sworn or unsworn, of a substantive nature

15  which stated with particularity objections to or support for

16  the development order or enforcement action at issue may

17  request to participate in the proceeding.  Those persons may

18  be permitted to participate in the hearing but shall not be

19  granted party or intervenor status. The participation of such

20  persons is limited to addressing issues raised regarding

21  alternatives, variances, and other types of adjustment to the

22  development order or enforcement action which may impact their

23  substantial interests, including denial of the development

24  order or application of an enforcement action.

25         (13)  Each party must make efforts to assure that those

26  persons qualified by training or experience necessary to

27  address issues raised by the request or by the special

28  magistrate master and further qualified to address

29  alternatives, variances, and other types of modifications to

30  the development order or enforcement action are present at the

31  hearing.

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  1         (14)  The special magistrate master may subpoena any

  2  nonparty witnesses in the state whom the special magistrate

  3  master believes will aid in the disposition of the matter.

  4         (15)(a)  The special magistrate master shall hold a

  5  hearing within 45 days after his or her receipt of the request

  6  for relief unless a different date is agreed to by all the

  7  parties.  The hearing must be held in the county in which the

  8  property is located.

  9         (b)  The special magistrate master must provide notice

10  of the place, date, and time of the hearing to all parties and

11  any other persons who have requested such notice at least 40

12  days prior to the hearing.

13         (16)(a)  Fifteen days following the filing of a request

14  for relief, the governmental entity that issued the

15  development order or that is taking the enforcement action

16  shall file a response to the request for relief with the

17  special magistrate master together with a copy to the owner.

18  The response must set forth in reasonable detail the position

19  of the governmental entity regarding the matters alleged by

20  the owner.  The response must include a brief statement

21  explaining the public purpose of the regulations on which the

22  development order or enforcement action is based.

23         (b)  Any governmental entity that is added by the

24  special magistrate master as a party must file a response to

25  the request for relief prior to the hearing but not later than

26  15 days following its admission.

27         (c)  Any party may incorporate in the response to the

28  request for relief a request to be dropped from the

29  proceeding.  The request to be dropped must set forth facts

30  and circumstances relevant to aid the special magistrate

31  master in ruling on the request.  All requests to be dropped

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  1  must be disposed of prior to conducting any hearings on the

  2  merits of the request for relief.

  3         (17)  In all respects, the hearing must be informal and

  4  open to the public and does not require the use of an

  5  attorney.  The hearing must operate at the direction and under

  6  the supervision of the special magistrate master.  The object

  7  of the hearing is to focus attention on the impact of the

  8  governmental action giving rise to the request for relief and

  9  to explore alternatives to the development order or

10  enforcement action and other regulatory efforts by the

11  governmental entities in order to recommend relief, when

12  appropriate, to the owner.

13         (a)  The first responsibility of the special magistrate

14  master is to facilitate a resolution of the conflict between

15  the owner and governmental entities to the end that some

16  modification of the owner's proposed use of the property or

17  adjustment in the development order or enforcement action or

18  regulatory efforts by one or more of the governmental parties

19  may be reached. Accordingly, the special magistrate master

20  shall act as a facilitator or mediator between the parties in

21  an effort to effect a mutually acceptable solution.  The

22  parties shall be represented at the mediation by persons with

23  authority to bind their respective parties to a solution, or

24  by persons with authority to recommend a solution directly to

25  the persons with authority to bind their respective parties to

26  a solution.

27         (b)  If an acceptable solution is not reached by the

28  parties after the special magistrate's master's attempt at

29  mediation, the special magistrate master shall consider the

30  facts and circumstances set forth in the request for relief

31  and any responses and any other information produced at the

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  1  hearing in order to determine whether the action by the

  2  governmental entity or entities is unreasonable or unfairly

  3  burdens the real property.

  4         (c)  In conducting the hearing, the special magistrate

  5  master may hear from all parties and witnesses that are

  6  necessary to an understanding of the matter. The special

  7  magistrate master shall weigh all information offered at the

  8  hearing.

  9         (18)  The circumstances to be examined in determining

10  whether the development order or enforcement action, or the

11  development order or enforcement action in conjunction with

12  regulatory efforts of other governmental parties, is

13  unreasonable or unfairly burdens use of the property may

14  include, but are not limited to:

15         (a)  The history of the real property, including when

16  it was purchased, how much was purchased, where it is located,

17  the nature of the title, the composition of the property, and

18  how it was initially used.

19         (b)  The history or development and use of the real

20  property, including what was developed on the property and by

21  whom, if it was subdivided and how and to whom it was sold,

22  whether plats were filed or recorded, and whether

23  infrastructure and other public services or improvements may

24  have been dedicated to the public.

25         (c)  The history of environmental protection and land

26  use controls and other regulations, including how and when the

27  land was classified, how use was proscribed, and what changes

28  in classifications occurred.

29         (d)  The present nature and extent of the real

30  property, including its natural and altered characteristics.

31

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  1         (e)  The reasonable expectations of the owner at the

  2  time of acquisition, or immediately prior to the

  3  implementation of the regulation at issue, whichever is later,

  4  under the regulations then in effect and under common law.

  5         (f)  The public purpose sought to be achieved by the

  6  development order or enforcement action, including the nature

  7  and magnitude of the problem addressed by the underlying

  8  regulations on which the development order or enforcement

  9  action is based; whether the development order or enforcement

10  action is necessary to the achievement of the public purpose;

11  and whether there are alternative development orders or

12  enforcement action conditions that would achieve the public

13  purpose and allow for reduced restrictions on the use of the

14  property.

15         (g)  Uses authorized for and restrictions placed on

16  similar property.

17         (h)  Any other information determined relevant by the

18  special magistrate master.

19         (19)  Within 14 days after the conclusion of the

20  hearing, the special magistrate master shall prepare and file

21  with all parties a written recommendation.

22         (a)  If the special magistrate master finds that the

23  development order at issue, or the development order or

24  enforcement action in combination with the actions or

25  regulations of other governmental entities, is not

26  unreasonable or does not unfairly burden the use of the

27  owner's property, the special magistrate master must recommend

28  that the development order or enforcement action remain

29  undisturbed and the proceeding shall end, subject to the

30  owner's retention of all other available remedies.

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  1         (b)  If the special magistrate master finds that the

  2  development order or enforcement action, or the development

  3  order or enforcement action in combination with the actions or

  4  regulations of other governmental entities, is unreasonable or

  5  unfairly burdens use of the owner's property, the special

  6  magistrate master, with the owner's consent to proceed, may

  7  recommend one or more alternatives that protect the public

  8  interest served by the development order or enforcement action

  9  and regulations at issue but allow for reduced restraints on

10  the use of the owner's real property, including, but not

11  limited to:

12         1.  An adjustment of land development or permit

13  standards or other provisions controlling the development or

14  use of land.

15         2.  Increases or modifications in the density,

16  intensity, or use of areas of development.

17         3.  The transfer of development rights.

18         4.  Land swaps or exchanges.

19         5.  Mitigation, including payments in lieu of onsite

20  mitigation.

21         6.  Location on the least sensitive portion of the

22  property.

23         7.  Conditioning the amount of development or use

24  permitted.

25         8.  A requirement that issues be addressed on a more

26  comprehensive basis than a single proposed use or development.

27         9.  Issuance of the development order, a variance,

28  special exception, or other extraordinary relief, including

29  withdrawal of the enforcement action.

30         10.  Purchase of the real property, or an interest

31  therein, by an appropriate governmental entity.

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  1         (c)  This subsection does not prohibit the owner and

  2  governmental entity from entering in to an agreement as to the

  3  permissible use of the property prior to the special

  4  magistrate master entering a recommendation.  An agreement for

  5  a permissible use must be incorporated in the special

  6  magistrate's master's recommendation.

  7         (20)  The special magistrate's master's recommendation

  8  is a public record under chapter 119.  However, actions or

  9  statements of all participants to the special magistrate

10  master proceeding are evidence of an offer to compromise and

11  inadmissible in any proceeding, judicial or administrative.

12         (21)  Within 45 days after receipt of the special

13  magistrate's master's recommendation, the governmental entity

14  responsible for the development order or enforcement action

15  and other governmental entities participating in the

16  proceeding must consult among themselves and each governmental

17  entity must:

18         (a)  Accept the recommendation of the special

19  magistrate master as submitted and proceed to implement it by

20  development agreement, when appropriate, or by other method,

21  in the ordinary course and consistent with the rules and

22  procedures of that governmental entity.  However, the decision

23  of the governmental entity to accept the recommendation of the

24  special magistrate master with respect to granting a

25  modification, variance, or special exception to the

26  application of statutes, rules, regulations, or ordinances as

27  they would otherwise apply to the subject property does not

28  require an owner to duplicate previous processes in which the

29  owner has participated in order to effectuate the granting of

30  the modification, variance, or special exception;

31

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  1         (b)  Modify the recommendation as submitted by the

  2  special magistrate master and proceed to implement it by

  3  development agreement, when appropriate, or by other method,

  4  in the ordinary course and consistent with the rules and

  5  procedures of that governmental entity; or

  6         (c)  Reject the recommendation as submitted by the

  7  special magistrate master. Failure to act within 45 days is a

  8  rejection unless the period is extended by agreement of the

  9  owner and issuer of the development order or enforcement

10  action.

11         (22)  If a governmental entity accepts the special

12  magistrate's master's recommendation or modifies it and the

13  owner rejects the acceptance or modification, or if a

14  governmental entity rejects the special magistrate's master's

15  recommendation, the governmental entity must issue a written

16  decision within 30 days that describes as specifically as

17  possible the use or uses available to the subject real

18  property.

19         (23)  The procedure established by this section may not

20  continue longer than 165 days, unless the period is extended

21  by agreement of the parties.  A decision describing available

22  uses constitutes the last prerequisite to judicial action and

23  the matter is ripe or final for subsequent judicial

24  proceedings unless the owner initiates a proceeding under ss.

25  120.569 and 120.57. If the owner brings a proceeding under ss.

26  120.569 and 120.57, the matter is ripe when the proceeding

27  culminates in a final order whether further appeal is

28  available or not.

29         (24)  The procedure created by this section is not

30  itself, nor does it create, a judicial cause of action.  Once

31  the governmental entity acts on the special magistrate's

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  1  master's recommendation, the owner may elect to file suit in a

  2  court of competent jurisdiction. Invoking the procedures of

  3  this section is not a condition precedent to filing a civil

  4  action.

  5         (25)  Regardless of the action the governmental entity

  6  takes on the special magistrate's master's recommendation, a

  7  recommendation that the development order or enforcement

  8  action, or the development order or enforcement action in

  9  combination with other governmental regulatory actions, is

10  unreasonable or unfairly burdens use of the owner's real

11  property may serve as an indication of sufficient hardship to

12  support modification, variances, or special exceptions to the

13  application of statutes, rules, regulations, or ordinances to

14  the subject property.

15         (26)  A special magistrate's master's recommendation

16  under this section constitutes data in support of, and a

17  support document for, a comprehensive plan or comprehensive

18  plan amendment, but is not, in and of itself, dispositive of a

19  determination of compliance with chapter 163.  Any

20  comprehensive plan amendment necessary to carry out the

21  approved recommendation of a special magistrate master under

22  this section is exempt from the twice-a-year limit on plan

23  amendments and may be adopted by the local government

24  amendments in s. 163.3184(16)(d).

25         (27)  The special magistrate master shall send a copy

26  of the recommendation in each case to the Department of Legal

27  Affairs. Each governmental entity, within 15 days after its

28  action on the special magistrate's master's recommendation,

29  shall notify the Department of Legal Affairs in writing as to

30  what action the governmental entity took on the special

31  magistrate's master's recommendation.

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  1         (28)  Each governmental entity may establish procedural

  2  guidelines to govern the conduct of proceedings authorized by

  3  this section, which must include, but are not limited to,

  4  payment of special magistrate master fees and expenses,

  5  including the costs of providing notice and effecting service

  6  of the request for relief under this section, which shall be

  7  borne equally by the governmental entities and the owner.

  8         (29)  This section shall be liberally construed to

  9  effect fully its obvious purposes and intent, and governmental

10  entities shall direct all available resources and authorities

11  to effect fully the obvious purposes and intent of this

12  section in resolving disputes.  Governmental entities are

13  encouraged to expedite notice and time-related provisions to

14  implement resolution of disputes under this section.  The

15  procedure established by this section may be used to resolve

16  disputes in pending judicial proceedings, with the agreement

17  of the parties to the judicial proceedings, and subject to the

18  approval of the court in which the judicial proceedings are

19  pending.  The provisions of this section are cumulative, and

20  do not supplant other methods agreed to by the parties and

21  lawfully available for arbitration, mediation, or other forms

22  of alternative dispute resolution.

23         (30)  This section applies only to development orders

24  issued, modified, or amended, or to enforcement actions

25  issued, on or after October 1, 1995.

26         Section 59.  Subsection (1) of section 92.142, Florida

27  Statutes, is amended to read:

28         92.142  Witnesses; pay.--

29         (1)  Witnesses in all cases, civil and criminal, in all

30  courts, now or hereafter created, and witnesses summoned

31  before any arbitrator or general or special magistrate

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  1  appointed by the court master in chancery shall receive for

  2  each day's actual attendance $5 and also 6 cents per mile for

  3  actual distance traveled to and from the courts.  A witness in

  4  a criminal case required to appear in a county other than the

  5  county of his or her residence and residing more than 50 miles

  6  from the location of the trial shall be entitled to per diem

  7  and travel expenses at the same rate provided for state

  8  employees under s. 112.061, in lieu of any other witness fee

  9  at the discretion of the court.

10         Section 60.  Section 112.41, Florida Statutes, is

11  amended to read:

12         112.41  Contents of order of suspension; Senate select

13  committee; special magistrate examiner.--

14         (1)  The order of the Governor, in suspending any

15  officer pursuant to the provisions of  s. 7, Art. IV of the

16  State Constitution, shall specify facts sufficient to advise

17  both the officer and the Senate as to the charges made or the

18  basis of the suspension.

19         (2)  The Senate shall conduct a hearing in the manner

20  prescribed by rules of the Senate adopted for this purpose.

21         (3)  The Senate may provide for a select committee to

22  be appointed by the Senate in accordance with its rules for

23  the purpose of hearing the evidence and making its

24  recommendation to the Senate as to the removal or

25  reinstatement of the suspended officer.

26         (4)  The Senate may, in lieu of the use of a select

27  committee, appoint a special examiner or a special magistrate

28  master to receive the evidence and make recommendations to the

29  Senate.

30         Section 61.  Section 112.43, Florida Statutes, is

31  amended to read:

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  1         112.43  Prosecution of suspension before Senate.--All

  2  suspensions heard by the Senate, a select committee, or

  3  special magistrate master, or examiner in accordance with

  4  rules of the Senate shall be prosecuted by the Governor, the

  5  Governor's legal staff, or an attorney designated by the

  6  Governor.  Should the Senate, or the select committee

  7  appointed by the Senate to hear the evidence and to make

  8  recommendations, desire private counsel, either the Senate or

  9  the select committee shall be entitled to employ its own

10  counsel for this purpose.  Nothing herein shall prevent the

11  Senate or its select committee from making its own

12  investigation and presenting such evidence as its

13  investigation may reveal.  The Governor may request the advice

14  of the Department of Legal Affairs relative to the suspension

15  order prior to its issuance by the Governor. Following the

16  issuance of the suspension order, either the Senate or the

17  select committee may request the Department of Legal Affairs

18  to provide counsel for the Senate to advise on questions of

19  law or otherwise advise with the Senate or the select

20  committee, but the Department of Legal Affairs shall not be

21  required to prosecute before the Senate or the committee and

22  shall, pursuant to the terms of this section, act as the legal

23  adviser only.

24         Section 62.  Section 112.47, Florida Statutes, is

25  amended to read:

26         112.47  Hearing before Senate select committee;

27  notice.--The Senate shall afford each suspended official a

28  hearing before a select committee or special magistrate,

29  master, or examiner, and shall notify such suspended official

30  of the time and place of the hearing sufficiently in advance

31  thereof to afford such official an opportunity fully and

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  1  adequately to prepare such defenses as the official may be

  2  advised are necessary and proper, and all such defenses may be

  3  presented by the official or by the official's attorney.  In

  4  the furtherance of this provision the Senate shall adopt

  5  sufficient procedural rules to afford due process both to the

  6  Governor in the presentation of his or her evidence and to the

  7  suspended official, but in the absence of such adoption, this

  8  section shall afford a full and complete hearing, public in

  9  nature, as required by the State Constitution.  However,

10  nothing in this part shall prevent either the select committee

11  or the Senate from conducting portions of the hearing in

12  executive session if the Senate rules so provide.

13         Section 63.  Subsection (2) of section 162.03, Florida

14  Statutes, is amended to read:

15         162.03  Applicability.--

16         (2)  A charter county, a noncharter county, or a

17  municipality may, by ordinance, adopt an alternate code

18  enforcement system that which gives code enforcement boards or

19  special magistrates masters designated by the local governing

20  body, or both, the authority to hold hearings and assess fines

21  against violators of the respective county or municipal codes

22  and ordinances. A special magistrate master shall have the

23  same status as an enforcement board under this chapter.

24  References in this chapter to an enforcement board, except in

25  s. 162.05, shall include a special magistrate master if the

26  context permits.

27         Section 64.  Subsection (5) of section 162.06, Florida

28  Statutes, is amended to read:

29         162.06  Enforcement procedure.--

30         (5)  If the owner of property that which is subject to

31  an enforcement proceeding before an enforcement board, special

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  1  magistrate master, or court transfers ownership of such

  2  property between the time the initial pleading was served and

  3  the time of the hearing, such owner shall:

  4         (a)  Disclose, in writing, the existence and the nature

  5  of the proceeding to the prospective transferee.

  6         (b)  Deliver to the prospective transferee a copy of

  7  the pleadings, notices, and other materials relating to the

  8  code enforcement proceeding received by the transferor.

  9         (c)  Disclose, in writing, to the prospective

10  transferee that the new owner will be responsible for

11  compliance with the applicable code and with orders issued in

12  the code enforcement proceeding.

13         (d)  File a notice with the code enforcement official

14  of the transfer of the property, with the identity and address

15  of the new owner and copies of the disclosures made to the new

16  owner, within 5 days after the date of the transfer.

17

18  A failure to make the disclosures described in paragraphs (a),

19  (b), and (c) before the transfer creates a rebuttable

20  presumption of fraud. If the property is transferred before

21  the hearing, the proceeding shall not be dismissed, but the

22  new owner shall be provided a reasonable period of time to

23  correct the violation before the hearing is held.

24         Section 65.  Paragraph (d) of subsection (2) of section

25  162.09, Florida Statutes, is amended to read:

26         162.09  Administrative fines; costs of repair; liens.--

27         (2)

28         (d)  A county or a municipality having a population

29  equal to or greater than 50,000 may adopt, by a vote of at

30  least a majority plus one of the entire governing body of the

31  county or municipality, an ordinance that gives code

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  1  enforcement boards or special magistrates masters, or both,

  2  authority to impose fines in excess of the limits set forth in

  3  paragraph (a).  Such fines shall not exceed $1,000 per day per

  4  violation for a first violation, $5,000 per day per violation

  5  for a repeat violation, and up to $15,000 per violation if the

  6  code enforcement board or special magistrate master finds the

  7  violation to be irreparable or irreversible in nature.  In

  8  addition to such fines, a code enforcement board or special

  9  magistrate master may impose additional fines to cover all

10  costs incurred by the local government in enforcing its codes

11  and all costs of repairs pursuant to subsection (1).  Any

12  ordinance imposing such fines shall include criteria to be

13  considered by the code enforcement board or special magistrate

14  master in determining the amount of the fines, including, but

15  not limited to, those factors set forth in paragraph (b).

16         Section 66.  Section 173.09, Florida Statutes, is

17  amended to read:

18         173.09  Judgment for complainant; special magistrate's

19  master's sale; complainant may purchase and later sell.--

20         (1)  Any such decree shall direct the special

21  magistrate master thereby appointed to sell the several

22  parcels of land separately to the highest and best bidder for

23  cash (or, at the option of complainant, to the extent of

24  special assessments included in such judgment, for bonds or

25  interest coupons issued by complainant), at public outcry at

26  the courthouse door of the county in which such suit is

27  pending, or at such point or place in the complainant

28  municipality as the court in such final decree may direct,

29  after having advertised such sale (which advertisement may

30  include all lands so ordered sold) once each week for 2

31  consecutive weeks in some newspaper published in the

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  1  municipality city or town in which is the complainant arose

  2  or, if there is no such newspaper, in a newspaper published in

  3  the county in which the suit is pending, and if all the lands

  4  so advertised for sale be not sold on the day specified in

  5  such advertisement, such sale shall be continued from day to

  6  day until the sale of all such land is completed.

  7         (2)  Such sales shall be subject to confirmation by the

  8  court, and the said special magistrate master shall, upon

  9  confirmation of the sale or sales, deliver to the purchaser or

10  purchasers at said sale a deed of conveyance of the property

11  so sold; provided, however, that in any case where any lands

12  are offered for sale by the special magistrate master and the

13  sum of the tax, tax certificates and special assessments,

14  interest, penalty, costs, and attorney's fee is not bid for

15  the same, the complainant may bid the whole amount due and the

16  special magistrate master shall thereupon convey such parcel

17  or parcels of land to the complainant.

18         (3)  The property so bid in by complainant shall become

19  its property in fee simple and may be disposed of by it in the

20  manner provided by law, except that in the sale or disposition

21  of any such lands the municipality city or town may, in its

22  discretion, accept in payment or part payment therefor any

23  bonds or interest coupons constituting liabilities of the

24  municipality said city or town.

25         Section 67.  Section 173.10, Florida Statutes, is

26  amended to read:

27         173.10  Judgment for complainant; court may order

28  payment of other taxes or sale subject to taxes; special

29  magistrate's master's conveyances.--

30         (1)  In the judgment or decree the court may, in its

31  discretion, direct the payment of all unpaid state and county

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  1  taxes and also all unpaid municipal city or town taxes and

  2  special assessments or installments thereof, imposed or

  3  falling due since the institution of the suit, with the

  4  penalties and costs, out of the proceeds of such foreclosure

  5  sale, or it may order and direct such sale or sales to be made

  6  subject to such state, and county, and municipal city or town

  7  taxes and special assessments.

  8         (2)  Any and all conveyances by the special magistrate

  9  master shall vest in the purchaser the fee simple title to the

10  property so sold, subject only to such liens for state and

11  county taxes or taxing districts whose liens are of equal

12  dignity, and liens for municipal taxes and special

13  assessments, or installments thereof, as are not directed by

14  the decree of sale to be paid out of the proceeds of said

15  sale.

16         Section 68.  Section 173.11, Florida Statutes, is

17  amended to read:

18         173.11  Distribution of proceeds of sale.--The proceeds

19  of any foreclosure sale authorized by this chapter shall be

20  distributed by the special magistrate master conducting the

21  sale according to the final decree, and if any surplus remains

22  after the payment of the full amount of the decree, costs and

23  attorney's fees, and any subsequent tax liens that which may

24  be directed by such decree to be paid from the proceeds of

25  sale, such surplus shall be deposited with the clerk of the

26  court and disbursed under order of the court.

27         Section 69.  Section 173.12, Florida Statutes, is

28  amended to read:

29         173.12  Lands may be redeemed prior to sale.--Any

30  person interested in any lands included in the suit may redeem

31  such lands at any time prior to the sale thereof by the

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  1  special magistrate master by paying into the registry of the

  2  court the amount due for delinquent taxes, interest and

  3  penalties thereon, and such proportionate part of the expense,

  4  attorney's fees, and costs of suit as may have been fixed by

  5  the court in its decree of sale, or by written stipulation of

  6  complainant, and thereupon such lands shall be dismissed from

  7  the cause.

  8         Section 70.  Subsection (1) of section 194.013, Florida

  9  Statutes, is amended to read:

10         194.013  Filing fees for petitions; disposition;

11  waiver.--

12         (1)  If so required by resolution of the value

13  adjustment board, a petition filed pursuant to s. 194.011

14  shall be accompanied by a filing fee to be paid to the clerk

15  of the value adjustment board in an amount determined by the

16  board not to exceed $15 for each separate parcel of property,

17  real or personal, covered by the petition and subject to

18  appeal. However, no such filing fee may be required with

19  respect to an appeal from the disapproval of homestead

20  exemption under s. 196.151 or from the denial of tax deferral

21  under s. 197.253.  Only a single filing fee shall be charged

22  under this section as to any particular parcel of property

23  despite the existence of multiple issues and hearings

24  pertaining to such parcel.  For joint petitions filed pursuant

25  to s. 194.011(3)(e) or (f), a single filing fee shall be

26  charged. Such fee shall be calculated as the cost of the

27  special magistrate master for the time involved in hearing the

28  joint petition and shall not exceed $5 per parcel.  Said fee

29  is to be proportionately paid by affected parcel owners.

30

31

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  1         Section 71.  Paragraph (d) of subsection (1) and

  2  subsections (2) and (6) of section 194.034, Florida Statutes,

  3  are amended to read:

  4         194.034  Hearing procedures; rules.--

  5         (1)

  6         (d)  Notwithstanding the provisions of this subsection,

  7  no petitioner may present for consideration, nor may a board

  8  or special magistrate master accept for consideration,

  9  testimony or other evidentiary materials that were requested

10  of the petitioner in writing by the property appraiser of

11  which the petitioner had knowledge and denied to the property

12  appraiser.

13         (2)  In each case, except when a complaint is withdrawn

14  by the petitioner or is acknowledged as correct by the

15  property appraiser, the value adjustment board shall render a

16  written decision.  All such decisions shall be issued within

17  20 calendar days after of the last day the board is in session

18  under s. 194.032.  The decision of the board shall contain

19  findings of fact and conclusions of law and shall include

20  reasons for upholding or overturning the determination of the

21  property appraiser.  When a special magistrate master has been

22  appointed, the recommendations of the special magistrate

23  master shall be considered by the board.  The clerk, upon

24  issuance of the decisions, shall, on a form provided by the

25  Department of Revenue, notify by first-class mail each

26  taxpayer, the property appraiser, and the department of the

27  decision of the board.

28         (6)  For purposes of hearing joint petitions filed

29  pursuant to s. 194.011(3)(e), each included parcel shall be

30  considered by the board as a separate petition.  Such separate

31  petitions shall be heard consecutively by the board.  If a

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  1  special magistrate master is appointed, such separate

  2  petitions shall all be assigned to the same special magistrate

  3  master.

  4         Section 72.  Section 194.035, Florida Statutes, is

  5  amended to read:

  6         194.035  Special magistrates masters; property

  7  evaluators.--

  8         (1)  The board is authorized to appoint special

  9  magistrates masters for the purpose of taking testimony and

10  making recommendations to the board, which recommendations the

11  board may act upon without further hearing.  These Such

12  special magistrates masters may not be elected or appointed

13  officials or employees of the county but shall be selected

14  from a list of those qualified individuals who are willing to

15  serve as special magistrate masters.  The clerk of the board

16  shall annually notify such individuals or their professional

17  associations to make known to them that opportunities to serve

18  as special magistrates masters exist.  A special magistrate

19  master shall be either a member of The Florida Bar and

20  knowledgeable in the area of ad valorem taxation or a

21  designated member of a professionally recognized real estate

22  appraisers' organization and have not less than 5 years'

23  experience in property valuation.  A special magistrate master

24  need not be a resident of the county in which he or she

25  serves.  A No special magistrate may not master shall be

26  permitted to represent a person before the board in any tax

27  year during which he or she has served that board as a special

28  magistrate master.  The board shall appoint special

29  magistrates such masters from the list so compiled prior to

30  convening of the board.  The expense of hearings before

31  special magistrates masters and any compensation of special

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  1  magistrate masters shall be borne three-fifths by the board of

  2  county commissioners and two-fifths by the school board.

  3         (2)  The value adjustment board of each county may

  4  employ qualified property appraisers or evaluators to appear

  5  before the value adjustment board at that meeting of the board

  6  which is held for the purpose of hearing complaints.  Such

  7  property appraisers or evaluators shall present testimony as

  8  to the just value of any property the value of which is

  9  contested before the board and shall submit to examination by

10  the board, the taxpayer, and the property appraiser.

11         Section 73.  Section 206.16, Florida Statutes, is

12  amended to read:

13         206.16  Officer selling property.--

14         (1)  No sheriff, receiver, assignee, general or special

15  magistrate master, or other officer shall sell the property or

16  franchise of any person for failure to pay fuel taxes,

17  penalties, or interest without first filing with the

18  department a statement containing the following information:

19         (a)  The name of the plaintiff or party at whose

20  instance or upon whose account the sale is made;

21         (b)  The name of the person whose property or franchise

22  is to be sold;

23         (c)  The time and place of sale; and

24         (d)  The nature of the property and the location of the

25  same.

26         (2)  The department, after receiving notice as

27  aforesaid, shall furnish to the sheriff, receiver, trustee,

28  assignee, general or special magistrate master, or other

29  officer having charge of the sale a certified copy or copies

30  of all fuel taxes, penalties, and interest on file in the

31  office of the department as liens against such person, and, in

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  1  the event there are no such liens, a certificate showing that

  2  fact, which certified copies or copy of certificate shall be

  3  publicly read by such officer at and immediately before the

  4  sale of the property or franchise of such person.

  5         Section 74.  Section 207.016, Florida Statutes, is

  6  amended to read:

  7         207.016  Officer's sale of property or franchise.--

  8         (1)  No sheriff, receiver, assignee, general or special

  9  magistrate master, or other officer shall sell the property or

10  franchise of any person for failure to pay taxes, penalties,

11  or interest without first filing with the department a

12  statement containing the following information:

13         (a)  The name of the plaintiff or party at whose

14  instance or upon whose account the sale is made.

15         (b)  The name of the person whose property or franchise

16  is to be sold.

17         (c)  The time and place of sale.

18         (d)  The nature of the property and the location of the

19  same.

20         (2)  The department, after receiving notice as provided

21  in subsection (1), shall furnish to the sheriff, receiver,

22  trustee, assignee, general or special magistrate master, or

23  other officer having charge of the sale a certified copy or

24  copies of all taxes, penalties, and interest on file in the

25  office of the department as liens against such person and, in

26  the event there are no such liens, a certificate showing that

27  fact, which certified copy or copies of certificate shall be

28  publicly read by such officer at and immediately before the

29  sale of the property or franchise of such person.

30         Section 75.  Subsection (6) of section 216.163, Florida

31  Statutes, is amended to read:

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  1         216.163  Governor's recommended budget; form and

  2  content; declaration of collective bargaining impasses.--

  3         (6)  At the time the Governor is required to furnish

  4  copies of his or her recommended budget to each senator and

  5  representative under s. 216.162(1), the Governor shall declare

  6  an impasse in all collective bargaining negotiations for which

  7  he or she is deemed to be the public employer and for which a

  8  collective bargaining agreement has not been executed.  Within

  9  14 days thereafter, the Governor shall furnish the legislative

10  appropriations committees with documentation relating to the

11  last offer he or she made during such collective bargaining

12  negotiations or recommended to a mediator or special

13  magistrate master appointed to resolve the impasse.

14         Section 76.  Section 320.411, Florida Statutes, is

15  amended to read:

16         320.411  Officer's sale of property or franchise.--

17         (1)  No sheriff, receiver, assignee, general or special

18  magistrate master, or other officer shall sell the property or

19  franchise of any motor carrier for failure to pay taxes,

20  penalties, or interest without first filing with the

21  department a statement containing the following information:

22         (a)  The name of the plaintiff or party at whose

23  instance or upon whose account the sale is made.

24         (b)  The name of the motor carrier whose property or

25  franchise is to be sold.

26         (c)  The time and place of sale.

27         (d)  The nature of the property and the location of the

28  same.

29         (2)  The department, after receiving notice as provided

30  in subsection (1), shall furnish to the sheriff, receiver,

31  trustee, assignee, general or special magistrate master, or

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  1  other officer having charge of the sale a certified copy of

  2  all taxes, penalties, and interest on file in the office of

  3  the department as liens against such motor carrier and, in the

  4  event there are no such liens, a certificate showing that

  5  fact, which certified copy or copies of certificate shall be

  6  publicly read by such officer at and immediately before the

  7  sale of the property or franchise of such motor carrier.

  8         Section 77.  Subsection (7) of section 393.11, Florida

  9  Statutes, is amended to read:

10         393.11  Involuntary admission to residential

11  services.--

12         (7)  HEARING.--

13         (a)  The hearing for involuntary admission shall be

14  conducted, and the order shall be entered, in the county in

15  which the person is residing or be as convenient to the person

16  as may be consistent with orderly procedure. The hearing shall

17  be conducted in a physical setting not likely to be injurious

18  to the person's condition.

19         (b)  A hearing on the petition shall be held as soon as

20  practicable after the petition is filed, but reasonable delay

21  for the purpose of investigation, discovery, or procuring

22  counsel or witnesses shall be granted.

23         (c)  The court may appoint a general or special

24  magistrate master to preside.  Except as otherwise specified,

25  the magistrate's master's proceeding shall be governed by Rule

26  1.490, Florida Rules of Civil Procedure.

27         (d)  The person with mental retardation shall be

28  physically present throughout the entire proceeding.  If the

29  person's attorney believes that the person's presence at the

30  hearing is not in the person's best interest, the person's

31

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  1  presence may be waived once the court has seen the person and

  2  the hearing has commenced.

  3         (e)  The person shall have the right to present

  4  evidence and to cross-examine all witnesses and other evidence

  5  alleging the appropriateness of the person's admission to

  6  residential care. Other relevant and material evidence

  7  regarding the appropriateness of the person's admission to

  8  residential services; the most appropriate, least restrictive

  9  residential placement; and the appropriate care, treatment,

10  and habilitation of the person, including written or oral

11  reports, may be introduced at the hearing by any interested

12  person.

13         (f)  The petitioning commission may be represented by

14  counsel at the hearing.  The petitioning commission shall have

15  the right to call witnesses, present evidence, cross-examine

16  witnesses, and present argument on behalf of the petitioning

17  commission.

18         (g)  All evidence shall be presented according to

19  chapter 90.  The burden of proof shall be on the party

20  alleging the appropriateness of the person's admission to

21  residential services. The burden of proof shall be by clear

22  and convincing evidence.

23         (h)  All stages of each proceeding shall be

24  stenographically reported.

25         Section 78.  Subsections (6) and (7) of section

26  394.467, Florida Statutes, are amended to read:

27         394.467  Involuntary placement.--

28         (6)  HEARING ON INVOLUNTARY PLACEMENT.--

29         (a)1.  The court shall hold the hearing on involuntary

30  placement within 5 days, unless a continuance is granted.  The

31  hearing shall be held in the county where the patient is

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  1  located and shall be as convenient to the patient as may be

  2  consistent with orderly procedure and shall be conducted in

  3  physical settings not likely to be injurious to the patient's

  4  condition.  If the court finds that the patient's attendance

  5  at the hearing is not consistent with the best interests of

  6  the patient, and the patient's counsel does not object, the

  7  court may waive the presence of the patient from all or any

  8  portion of the hearing.  The state attorney for the circuit in

  9  which the patient is located shall represent the state, rather

10  than the petitioning facility administrator, as the real party

11  in interest in the proceeding.

12         2.  The court may appoint a general or special

13  magistrate master to preside at the hearing. One of the

14  professionals who executed the involuntary placement

15  certificate shall be a witness.  The patient and the patient's

16  guardian or representative shall be informed by the court of

17  the right to an independent expert examination.  If the

18  patient cannot afford such an examination, the court shall

19  provide for one. The independent expert's report shall be

20  confidential and not discoverable, unless the expert is to be

21  called as a witness for the patient at the hearing. The

22  testimony in the hearing must be given under oath, and the

23  proceedings must be recorded. The patient may refuse to

24  testify at the hearing.

25         (b)  If the court concludes that the patient meets the

26  criteria for involuntary placement, it shall order that the

27  patient be transferred to a treatment facility or, if the

28  patient is at a treatment facility, that the patient be

29  retained there or be treated at any other appropriate

30  receiving or treatment facility, or that the patient receive

31  services from a receiving or treatment facility, on an

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  1  involuntary basis, for a period of up to 6 months. The order

  2  shall specify the nature and extent of the patient's mental

  3  illness. The facility shall discharge a patient any time the

  4  patient no longer meets the criteria for involuntary

  5  placement, unless the patient has transferred to voluntary

  6  status.

  7         (c)  If at any time prior to the conclusion of the

  8  hearing on involuntary placement it appears to the court that

  9  the person does not meet the criteria for involuntary

10  placement under this chapter, but instead meets the criteria

11  for involuntary assessment, protective custody, or involuntary

12  admission pursuant to s. 397.675, then the court may order the

13  person to be admitted for involuntary assessment for a period

14  of 5 days pursuant to s. 397.6811.  Thereafter, all

15  proceedings shall be governed by chapter 397.

16         (d)  At the hearing on involuntary placement, the court

17  shall consider testimony and evidence regarding the patient's

18  competence to consent to treatment.  If the court finds that

19  the patient is incompetent to consent to treatment, it shall

20  appoint a guardian advocate as provided in s. 394.4598.

21         (e)  The administrator of the receiving facility shall

22  provide a copy of the court order and adequate documentation

23  of a patient's mental illness to the administrator of a

24  treatment facility whenever a patient is ordered for

25  involuntary placement, whether by civil or criminal court.

26  Such documentation shall include any advance directives made

27  by the patient, a psychiatric evaluation of the patient, and

28  any evaluations of the patient performed by a clinical

29  psychologist or a clinical social worker. The administrator of

30  a treatment facility may refuse admission to any patient

31  directed to its facilities on an involuntary basis, whether by

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  1  civil or criminal court order, who is not accompanied at the

  2  same time by adequate orders and documentation.

  3         (7)  PROCEDURE FOR CONTINUED INVOLUNTARY PLACEMENT.--

  4         (a)  Hearings on petitions for continued involuntary

  5  placement shall be administrative hearings and shall be

  6  conducted in accordance with the provisions of s. 120.57(1),

  7  except that any order entered by the administrative law judge

  8  hearing officer shall be final and subject to judicial review

  9  in accordance with s. 120.68.  Orders concerning patients

10  committed after successfully pleading not guilty by reason of

11  insanity shall be governed by the provisions of s. 916.15.

12         (b)  If the patient continues to meet the criteria for

13  involuntary placement, the administrator shall, prior to the

14  expiration of the period during which the treatment facility

15  is authorized to retain the patient, file a petition

16  requesting authorization for continued involuntary placement.

17  The request shall be accompanied by a statement from the

18  patient's physician or clinical psychologist justifying the

19  request, a brief description of the patient's treatment during

20  the time he or she was involuntarily placed, and an

21  individualized plan of continued treatment.  Notice of the

22  hearing shall be provided as set forth in s. 394.4599. If at

23  the hearing the administrative law judge hearing officer finds

24  that attendance at the hearing is not consistent with the best

25  interests of the patient, the administrative law judge hearing

26  officer may waive the presence of the patient from all or any

27  portion of the hearing, unless the patient, through counsel,

28  objects to the waiver of presence.  The testimony in the

29  hearing must be under oath, and the proceedings must be

30  recorded.

31

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  1         (c)  Unless the patient is otherwise represented or is

  2  ineligible, he or she shall be represented at the hearing on

  3  the petition for continued involuntary placement by the public

  4  defender of the circuit in which the facility is located.

  5         (d)  If at a hearing it is shown that the patient

  6  continues to meet the criteria for involuntary placement, the

  7  administrative law judge shall sign the order for continued

  8  involuntary placement for a period not to exceed 6 months.

  9  The same procedure shall be repeated prior to the expiration

10  of each additional period the patient is retained.

11         (e)  If continued involuntary placement is necessary

12  for a patient admitted while serving a criminal sentence, but

13  whose sentence is about to expire, or for a patient

14  involuntarily placed while a minor but who is about to reach

15  the age of 18, the administrator shall petition the

16  administrative law judge for an order authorizing continued

17  involuntary placement.

18         (f)  If the patient has been previously found

19  incompetent to consent to treatment, the administrative law

20  judge hearing officer shall consider testimony and evidence

21  regarding the patient's competence.  If the administrative law

22  judge hearing officer finds evidence that the patient is now

23  competent to consent to treatment, the administrative law

24  judge hearing officer may issue a recommended order to the

25  court that found the patient incompetent to consent to

26  treatment that the patient's competence be restored and that

27  any guardian advocate previously appointed be discharged.

28         Section 79.  Subsection (8) of section 397.311, Florida

29  Statutes, is amended to read:

30         397.311  Definitions.--As used in this chapter, except

31  part VIII:

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  1         (8)  "Court" means, with respect to all involuntary

  2  proceedings under this chapter, the circuit court of the

  3  county in which the judicial proceeding is pending or where

  4  the substance abuse impaired person resides or is located, and

  5  includes any general or special magistrate master that may be

  6  appointed by the chief judge to preside over all or part of

  7  such proceeding. Otherwise, "court" refers to the court of

  8  legal jurisdiction in the context in which the term is used in

  9  this chapter.

10         Section 80.  Subsection (1) or section 397.681, Florida

11  Statutes, is amended to read:

12         397.681  Involuntary petitions; general provisions;

13  court jurisdiction and right to counsel.--

14         (1)  JURISDICTION.--The courts have jurisdiction of

15  involuntary assessment and stabilization petitions and

16  involuntary treatment petitions for substance abuse impaired

17  persons, and such petitions must be filed with the clerk of

18  the court in the county where the person is located.  The

19  chief judge may appoint a general or special magistrate master

20  to preside over all or part of the proceedings. The alleged

21  impaired person is named as the respondent.

22         Section 81.  Subsection (5) of section 447.207, Florida

23  Statutes, is amended to read:

24         447.207  Commission; powers and duties.--

25         (5)  The commission shall adopt rules as to the

26  qualifications of persons who may serve as mediators and

27  special magistrates masters and shall maintain lists of such

28  qualified persons who are not employees of the commission.

29  The commission may initiate dispute resolution procedures by

30  special magistrates masters, pursuant to the provisions of

31  this part.

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  1         Section 82.  Subsections (2), (3), and (4) of section

  2  447.403, Florida Statutes, are amended to read:

  3         447.403  Resolution of impasses.--

  4         (2)  If no mediator is appointed, or upon the request

  5  of either party, the commission shall appoint, and submit all

  6  unresolved issues to, a special magistrate master acceptable

  7  to both parties. If the parties are unable to agree on the

  8  appointment of a special magistrate master, the commission

  9  shall appoint, in its discretion, a qualified special

10  magistrate master.  However, if the parties agree in writing

11  to waive the appointment of a special magistrate master, the

12  parties may proceed directly to resolution of the impasse by

13  the legislative body pursuant to paragraph (4)(d).  Nothing in

14  this section precludes the parties from using the services of

15  a mediator at any time during the conduct of collective

16  bargaining.

17         (3)  The special magistrate master shall hold hearings

18  in order to define the area or areas of dispute, to determine

19  facts relating to the dispute, and to render a decision on any

20  and all unresolved contract issues.  The hearings shall be

21  held at times, dates, and places to be established by the

22  special magistrate master in accordance with rules adopted

23  promulgated by the commission.  The special magistrate master

24  shall be empowered to administer oaths and issue subpoenas on

25  behalf of the parties to the dispute or on his or her own

26  behalf.  Within 15 calendar days after the close of the final

27  hearing, the special magistrate master shall transmit his or

28  her recommended decision to the commission and to the

29  representatives of both parties by registered mail, return

30  receipt requested.  Such recommended decision shall be

31  discussed by the parties, and each recommendation of the

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  1  special magistrate master shall be deemed approved by both

  2  parties unless specifically rejected by either party by

  3  written notice filed with the commission within 20 calendar

  4  days after the date the party received the special

  5  magistrate's master's recommended decision.  The written

  6  notice shall include a statement of the cause for each

  7  rejection and shall be served upon the other party.

  8         (4)  In the event that either the public employer or

  9  the employee organization does not accept, in whole or in

10  part, the recommended decision of the special magistrate

11  master:

12         (a)  The chief executive officer of the governmental

13  entity involved shall, within 10 days after rejection of a

14  recommendation of the special magistrate master, submit to the

15  legislative body of the governmental entity involved a copy of

16  the findings of fact and recommended decision of the special

17  magistrate master, together with the chief executive officer's

18  recommendations for settling the disputed impasse issues.  The

19  chief executive officer shall also transmit his or her

20  recommendations to the employee organization.  If the dispute

21  involves employees for whom the Board of Regents is the public

22  employer, the Governor may also submit recommendations to the

23  legislative body for settling the disputed impasse issues;

24         (b)  The employee organization shall submit its

25  recommendations for settling the disputed impasse issues to

26  such legislative body and to the chief executive officer;

27         (c)  The legislative body or a duly authorized

28  committee thereof shall forthwith conduct a public hearing at

29  which the parties shall be required to explain their positions

30  with respect to the rejected recommendations of the special

31  magistrate master;

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  1         (d)  Thereafter, the legislative body shall take such

  2  action as it deems to be in the public interest, including the

  3  interest of the public employees involved, to resolve all

  4  disputed impasse issues; and

  5         (e)  Following the resolution of the disputed impasse

  6  issues by the legislative body, the parties shall reduce to

  7  writing an agreement which includes those issues agreed to by

  8  the parties and those disputed impasse issues resolved by the

  9  legislative body's action taken pursuant to paragraph (d).

10  The agreement shall be signed by the chief executive officer

11  and the bargaining agent and shall be submitted to the public

12  employer and to the public employees who are members of the

13  bargaining unit for ratification. If such agreement is not

14  ratified by all parties, pursuant to the provisions of s.

15  447.309, the legislative body's action taken pursuant to the

16  provisions of paragraph (d) shall take effect as of the date

17  of such legislative body's action for the remainder of the

18  first fiscal year which was the subject of negotiations;

19  however, the legislative body's action shall not take effect

20  with respect to those disputed impasse issues which establish

21  the language of contractual provisions which could have no

22  effect in the absence of a ratified agreement, including, but

23  not limited to, preambles, recognition clauses, and duration

24  clauses.

25         Section 83.  Section 447.405, Florida Statutes, is

26  amended to read:

27         447.405  Factors to be considered by the special

28  magistrate master.--The special magistrate master shall

29  conduct the hearings and render recommended decisions with the

30  objective of achieving a prompt, peaceful, and just settlement

31  of disputes between the public employee organizations and the

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  1  public employers.  The factors, among others, to be given

  2  weight by the special magistrate master in arriving at a

  3  recommended decision shall include:

  4         (1)  Comparison of the annual income of employment of

  5  the public employees in question with the annual income of

  6  employment maintained for the same or similar work of

  7  employees exhibiting like or similar skills under the same or

  8  similar working conditions in the local operating area

  9  involved.

10         (2)  Comparison of the annual income of employment of

11  the public employees in question with the annual income of

12  employment of public employees in similar public employee

13  governmental bodies of comparable size within the state.

14         (3)  The interest and welfare of the public.

15         (4)  Comparison of peculiarities of employment in

16  regard to other trades or professions, specifically with

17  respect to:

18         (a)  Hazards of employment.

19         (b)  Physical qualifications.

20         (c)  Educational qualifications.

21         (d)  Intellectual qualifications.

22         (e)  Job training and skills.

23         (f)  Retirement plans.

24         (g)  Sick leave.

25         (h)  Job security.

26         (5)  Availability of funds.

27         Section 84.  Section 447.407, Florida Statutes, is

28  amended to read:

29         447.407  Compensation of mediator and special

30  magistrate master; expenses.--The compensation of the mediator

31

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  1  and special magistrate master, and all stenographic and other

  2  expenses, shall be borne equally by the parties.

  3         Section 85.  Section 447.409, Florida Statutes, is

  4  amended to read:

  5         447.409  Records.--All records that which are relevant

  6  to, or have a bearing upon, any issue or issues raised by the

  7  proceedings conducted by the special magistrate master shall

  8  be made available to the special magistrate master by a

  9  request in writing to any of the parties to the impasse

10  proceedings.  Notice of such request must shall be furnished

11  to all parties.  Any such records that which are made

12  available to the special magistrate must master shall also be

13  made available to any other party to the impasse proceedings,

14  upon written request.

15         Section 86.  Subsections (1), (2), (3), (4), (5), and

16  (6) of section 475.011, Florida Statutes, are amended to read:

17         475.011  Exemptions.--This part does not apply to:

18         (1)  Any person acting as an attorney in fact for the

19  purpose of the execution of contracts or conveyances only; as

20  an attorney at law within the scope of her or his duties as

21  such; as a certified public accountant, as defined in chapter

22  473, within the scope of her or his duties as such; as the

23  personal representative, receiver, trustee, or general or

24  special magistrate master under, or by virtue of, an

25  appointment by will or by order of a court of competent

26  jurisdiction; or as trustee under a deed of trust, or under a

27  trust agreement, the ultimate purpose and intent whereof is

28  charitable, is philanthropic, or provides for those having a

29  natural right to the bounty of the donor or trustor.;

30         (2)  Any individual, corporation, partnership, trust,

31  joint venture, or other entity which sells, exchanges, or

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  1  leases its own real property; however, this exemption shall

  2  not be available if and to the extent that an agent, employee,

  3  or independent contractor paid a commission or other

  4  compensation strictly on a transactional basis is employed to

  5  make sales, exchanges, or leases to or with customers in the

  6  ordinary course of an owner's business of selling, exchanging,

  7  or leasing real property to the public.;

  8         (3)  Any employee of a public utility, a rural electric

  9  cooperative, a railroad, or a state or local governmental

10  agency who acts within the scope of her or his employment, for

11  which no compensation in addition to the employee's salary is

12  paid, to buy, sell, appraise, exchange, rent, auction, or

13  lease any real property or any interest in real property for

14  the use of her or his employer.;

15         (4)  Any salaried employee of an owner, or of a

16  registered broker for an owner, of an apartment community who

17  works in an onsite rental office of the apartment community in

18  a leasing capacity.;

19         (5)  Any person employed for a salary as a manager of a

20  condominium or cooperative apartment complex as a result of

21  any activities or duties which the person may have in relation

22  to the renting of individual units within such condominium or

23  cooperative apartment complex if rentals arranged by the

24  person are for periods no greater than 1 year.;

25         (6)  Any person, partnership, corporation, or other

26  legal entity which, for another and for compensation or other

27  valuable consideration, sells, offers to sell, advertises for

28  sale, buys, offers to buy, or negotiates the sale or purchase

29  of radio, television, or cable enterprises licensed and

30  regulated by the Federal Communications Commission pursuant to

31  the Communications Act of 1934.  However, if the sale or

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  1  purchase of the radio, television, or cable enterprise

  2  involves the sale or lease of land, buildings, fixtures, and

  3  all other improvements to the land, a broker or salesperson

  4  licensed under this chapter shall be retained for the portion

  5  of the transaction which includes the land, buildings,

  6  fixtures, and all other improvements to the land.; or

  7         Section 87.  Paragraphs (d), (f), (g), (h), and (j) of

  8  subsection (5) of section 489.127, Florida Statutes, are

  9  amended to read:

10         489.127  Prohibitions; penalties.--

11         (5)  Each county or municipality may, at its option,

12  designate one or more of its code enforcement officers, as

13  defined in chapter 162, to enforce, as set out in this

14  subsection, the provisions of subsection (1) and s. 489.132(1)

15  against persons who engage in activity for which a county or

16  municipal certificate of competency or license or state

17  certification or registration is required.

18         (d)  The act for which the citation is issued shall be

19  ceased upon receipt of the citation; and the person charged

20  with the violation shall elect either to correct the violation

21  and pay the civil penalty in the manner indicated on the

22  citation or, within 10 days after of receipt of the citation,

23  exclusive of weekends and legal holidays, request an

24  administrative hearing before the enforcement or licensing

25  board or designated special magistrate master to appeal the

26  issuance of the citation by the code enforcement officer.

27         1.  Hearings shall be held before an enforcement or

28  licensing board or designated special magistrate master as

29  established by s. 162.03(2), and such hearings shall be

30  conducted pursuant to the requirements of ss. 162.07 and

31  162.08.

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  1         2.  Failure of a violator to appeal the decision of the

  2  code enforcement officer within the time period set forth in

  3  this paragraph shall constitute a waiver of the violator's

  4  right to an administrative hearing.  A waiver of the right to

  5  an administrative hearing shall be deemed an admission of the

  6  violation, and penalties may be imposed accordingly.

  7         3.  If the person issued the citation, or his or her

  8  designated representative, shows that the citation is invalid

  9  or that the violation has been corrected prior to appearing

10  before the enforcement or licensing board or designated

11  special magistrate master, the enforcement or licensing board

12  or designated special magistrate master may dismiss the

13  citation unless the violation is irreparable or irreversible.

14         4.  Each day a willful, knowing violation continues

15  shall constitute a separate offense under the provisions of

16  this subsection.

17         (f)  If the enforcement or licensing board or

18  designated special magistrate master finds that a violation

19  exists, the enforcement or licensing board or designated

20  special magistrate master may order the violator to pay a

21  civil penalty of not less than the amount set forth on the

22  citation but not more than $1,000 per day for each violation.

23  In determining the amount of the penalty, the enforcement or

24  licensing board or designated special magistrate master shall

25  consider the following factors:

26         1.  The gravity of the violation.

27         2.  Any actions taken by the violator to correct the

28  violation.

29         3.  Any previous violations committed by the violator.

30         (g)  Upon written notification by the code enforcement

31  officer that a violator had not contested the citation or paid

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  1  the civil penalty within the timeframe allowed on the

  2  citation, or if a violation has not been corrected within the

  3  timeframe set forth on the notice of violation, the

  4  enforcement or licensing board or the designated special

  5  magistrate master shall enter an order ordering the violator

  6  to pay the civil penalty set forth on the citation or notice

  7  of violation, and a hearing shall not be necessary for the

  8  issuance of such order.

  9         (h)  A certified copy of an order imposing a civil

10  penalty against an uncertified contractor may be recorded in

11  the public records and thereafter shall constitute a lien

12  against any real or personal property owned by the violator.

13  Upon petition to the circuit court, such order may be enforced

14  in the same manner as a court judgment by the sheriffs of this

15  state, including a levy against personal property; however,

16  such order shall not be deemed to be a court judgment except

17  for enforcement purposes.  A civil penalty imposed pursuant to

18  this part shall continue to accrue until the violator comes

19  into compliance or until judgment is rendered in a suit to

20  foreclose on a lien filed pursuant to this subsection,

21  whichever occurs first.  After 3 months following from the

22  filing of any such lien which remains unpaid, the enforcement

23  board or licensing board or designated special magistrate

24  master may authorize the local governing body's attorney to

25  foreclose on the lien. No lien created pursuant to the

26  provisions of this part may be foreclosed on real property

27  which is a homestead under s. 4, Art. X of the State

28  Constitution.

29         (j)  An aggrieved party, including the local governing

30  body, may appeal a final administrative order of an

31  enforcement board or licensing board or designated special

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  1  magistrate master to the circuit court.  Such an appeal shall

  2  not be a hearing de novo but shall be limited to appellate

  3  review of the record created before the enforcement board or

  4  licensing board or designated special magistrate master. An

  5  appeal shall be filed within 30 days after of the execution of

  6  the order to be appealed.

  7         Section 88.  Paragraphs (d), (f), (g), (h), and (j) of

  8  subsection (3) of section 489.531, Florida Statutes, are

  9  amended to read:

10         489.531  Prohibitions; penalties.--

11         (3)  Each county or municipality may, at its option,

12  designate one or more of its code enforcement officers, as

13  defined in chapter 162, to enforce, as set out in this

14  subsection, the provisions of subsection (1) against persons

15  who engage in activity for which county or municipal

16  certification is required.

17         (d)  The act for which the citation is issued shall be

18  ceased upon receipt of the citation; and the person charged

19  with the violation shall elect either to correct the violation

20  and pay the civil penalty in the manner indicated on the

21  citation or, within 10 days after of receipt of the citation,

22  exclusive of weekends and legal holidays, request an

23  administrative hearing before the enforcement or licensing

24  board or designated special magistrate master to appeal the

25  issuance of the citation by the code enforcement officer.

26         1.  Hearings shall be held before an enforcement or

27  licensing board or designated special magistrate master as

28  established by s. 162.03(2) and such hearings shall be

29  conducted pursuant to ss. 162.07 and 162.08.

30         2.  Failure of a violator to appeal the decision of the

31  code enforcement officer within the time period set forth in

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  1  this paragraph shall constitute a waiver of the violator's

  2  right to an administrative hearing.  A waiver of the right to

  3  administrative hearing shall be deemed an admission of the

  4  violation and penalties may be imposed accordingly.

  5         3.  If the person issued the citation, or his or her

  6  designated representative, shows that the citation is invalid

  7  or that the violation has been corrected prior to appearing

  8  before the enforcement or licensing board or designated

  9  special magistrate master, the enforcement or licensing board

10  or designated special magistrate master shall dismiss the

11  citation unless the violation is irreparable or irreversible.

12         4.  Each day a willful, knowing violation continues

13  shall constitute a separate offense under the provisions of

14  this subsection.

15         (f)  If the enforcement or licensing board or

16  designated special magistrate master finds that a violation

17  exists, the enforcement or licensing board or designated

18  special magistrate master may order the violator to pay a

19  civil penalty of not less than the amount set forth on the

20  citation but not more than $500 per day for each violation.

21  In determining the amount of the penalty, the enforcement or

22  licensing board or designated special magistrate master shall

23  consider the following factors:

24         1.  The gravity of the violation.

25         2.  Any actions taken by the violator to correct the

26  violation.

27         3.  Any previous violations committed by the violator.

28         (g)  Upon written notification by the code enforcement

29  officer that a violator had not contested the citation or paid

30  the civil penalty within the timeframe allowed on the

31  citation, or if a violation has not been corrected within the

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  1  timeframe set forth on the notice of violation, the

  2  enforcement or licensing board or the designated special

  3  magistrate master shall enter an order ordering the violator

  4  to pay the civil penalty set forth on the citation or notice

  5  of violation, and a hearing shall not be necessary for the

  6  issuance of such order.

  7         (h)  A certified copy of an order imposing a civil

  8  penalty against an uncertified contractor may be recorded in

  9  the public records and thereafter shall constitute a lien

10  against any real or personal property owned by the violator.

11  Upon petition to the circuit court, such order may be enforced

12  in the same manner as a court judgment by the sheriffs of this

13  state, including a levy against personal property; however,

14  such order shall not be deemed to be a court judgment except

15  for enforcement purposes.  A civil penalty imposed pursuant to

16  this part shall continue to accrue until the violator comes

17  into compliance or until judgment is rendered in a suit to

18  foreclose on a lien filed pursuant to this section, whichever

19  occurs first.  After 3 months following from the filing of any

20  such lien which remains unpaid, the enforcement or licensing

21  board or designated special magistrate master may authorize

22  the local governing body's attorney to foreclose on the lien.

23  No lien created pursuant to the provisions of this part may be

24  foreclosed on real property which is a homestead under s. 4,

25  Art. X of the State Constitution.

26         (j)  An aggrieved party, including the local governing

27  body, may appeal a final administrative order of an

28  enforcement or licensing board or special designated special

29  magistrate master to the circuit court. Such an appeal shall

30  not be a hearing de novo but shall be limited to appellate

31  review of the record created before the enforcement or

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  1  licensing board or designated special magistrate master.  An

  2  appeal shall be filed within 30 days after of the execution of

  3  the order to be appealed.

  4         Section 89.  Subsection (1) of section 496.420, Florida

  5  Statutes, is amended to read:

  6         496.420  Civil remedies and enforcement.--

  7         (1)  In addition to other remedies authorized by law,

  8  the department may bring a civil action in circuit court to

  9  enforce ss. 496.401-496.424 or s. 496.426. Upon a finding that

10  any person has violated any of these sections, a court may

11  make any necessary order or enter a judgment including, but

12  not limited to, a temporary or permanent injunction, a

13  declaratory judgment, the appointment of a general or special

14  magistrate master or receiver, the sequestration of assets,

15  the reimbursement of persons from whom contributions have been

16  unlawfully solicited, the distribution of contributions in

17  accordance with the charitable or sponsor purpose expressed in

18  the registration statement or in accordance with the

19  representations made to the person solicited, the

20  reimbursement of the department for investigative costs,

21  attorney's fees and costs, and any other equitable relief the

22  court finds appropriate. Upon a finding that any person has

23  violated any provision of ss. 496.401-496.424 or s. 496.426

24  with actual knowledge or knowledge fairly implied on the basis

25  of objective circumstances, a court may enter an order

26  imposing a civil penalty in an amount not to exceed $10,000

27  per violation.

28         Section 90.  Subsection (3) of section 501.207, Florida

29  Statutes, is amended to read:

30         501.207  Remedies of enforcing authority.--

31

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  1         (3)  Upon motion of the enforcing authority or any

  2  interested party in any action brought under subsection (1),

  3  the court may make appropriate orders, including, but not

  4  limited to, appointment of a general or special magistrate

  5  master or receiver or sequestration or freezing of assets, to

  6  reimburse consumers found to have been damaged; to carry out a

  7  transaction in accordance with consumers' reasonable

  8  expectations; to strike or limit the application of clauses of

  9  contracts to avoid an unconscionable result; to order any

10  defendant to divest herself or himself of any interest in any

11  enterprise, including real estate; to impose reasonable

12  restrictions upon the future activities of any defendant to

13  impede her or him from engaging in or establishing the same

14  type of endeavor; to order the dissolution or reorganization

15  of any enterprise; or to grant other appropriate relief.  The

16  court may assess the expenses of a general or special

17  magistrate master or receiver against a person who has

18  violated, is violating, or is otherwise likely to violate this

19  part.  Any injunctive order, whether temporary or permanent,

20  issued by the court shall be effective throughout the state

21  unless otherwise provided in the order.

22         Section 91.  Section 501.618, Florida Statutes, is

23  amended to read:

24         501.618  General civil remedies.--The department may

25  bring:

26         (1)  An action to obtain a declaratory judgment that an

27  act or practice violates the provisions of this part.

28         (2)  An action to enjoin a person who has violated, is

29  violating, or is otherwise likely to violate the provisions of

30  this part.

31

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  1         (3)  An action on behalf of one or more purchasers for

  2  the actual damages caused by an act or practice performed in

  3  violation of the provisions of this part. Such an action may

  4  include, but is not limited to, an action to recover against a

  5  bond, letter of credit, or certificate of deposit as otherwise

  6  provided in this part.

  7

  8  Upon motion of the enforcing authority in any action brought

  9  under this section, the court may make appropriate orders,

10  including appointment of a general or special magistrate

11  master or receiver or sequestration of assets, to reimburse

12  consumers found to have been damaged, to carry out a consumer

13  transaction in accordance with the consumer's reasonable

14  expectations, or to grant other appropriate relief.  The court

15  may assess the expenses of a general or special magistrate

16  master or receiver against a commercial telephone seller.  Any

17  injunctive order, whether temporary or permanent, issued by

18  the court shall be effective throughout the state unless

19  otherwise provided in the order.

20         Section 92.  Subsection (6) of section 559.936, Florida

21  Statutes, is amended to read:

22         559.936  Civil penalties; remedies.--

23         (6)  Upon motion of the department in any action

24  brought under this part, the court may make appropriate

25  orders, including appointment of a general or special

26  magistrate master or receiver or sequestration of assets, to

27  reimburse consumers found to have been damaged, to carry out a

28  consumer transaction in accordance with the consumer's

29  reasonable expectations, or to grant other appropriate relief.

30         Section 93.  Subsection (1) of section 582.23, Florida

31  Statutes, is amended to read:

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  1         582.23  Performance of work under the regulations by

  2  the supervisors.--

  3         (1)  The supervisors may go upon any lands within the

  4  district to determine whether land use regulations adopted are

  5  being observed.  Where the supervisors of any district shall

  6  find that any of the provisions of land use regulations

  7  adopted are not being observed on particular lands, and that

  8  such nonobservance tends to increase erosion on such lands and

  9  is interfering with the prevention or control of erosion on

10  other lands within the district, the supervisors may present

11  to the circuit court for the county or counties within which

12  the lands of the defendant may lie, a petition, duly verified,

13  setting forth the adoption of the land use regulations, the

14  failure of the defendant landowner or occupier to observe such

15  regulations, and to perform particular work, operations, or

16  avoidances as required thereby, and that such nonobservance

17  tends to increase erosion on such lands and is interfering

18  with the prevention or control of erosion on other lands

19  within the district, and praying the court to require the

20  defendant to perform the work, operations, or avoidances

21  within a reasonable time and to order that if the defendant

22  shall fail so to perform the supervisors may go on the land,

23  perform the work or other operations or otherwise bring the

24  condition of such lands into conformity with the requirements

25  of such regulations, and recover the costs and expenses

26  thereof, with interest, from the owner of such land.  Upon the

27  presentation of such petition the court shall cause process to

28  be issued against the defendant, and shall hear the case.  If

29  it shall appear to the court that testimony is necessary for

30  the proper disposition of the matter, it may take evidence or

31  appoint a special magistrate master to take such evidence as

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  1  it may direct and report the same to the court within her or

  2  his findings of fact and conclusions of law, which shall

  3  constitute a part of the proceedings upon which the

  4  determination of the court shall be made.

  5         Section 94.  Subsection (2) of section 631.182, Florida

  6  Statutes, is amended to read:

  7         631.182  Receiver claims report and claimants

  8  objections procedure.--

  9         (2)  At the hearing, any interested person is entitled

10  to appear. The hearing shall not be de novo but shall be

11  limited to the record as described in s. 631.181(2). The court

12  shall enter an order allowing, allowing in part, or

13  disallowing the claim.  Any such order is deemed to be an

14  appealable order. In the interests of judicial economy, the

15  court may appoint a special magistrate master to resolve

16  objections or to perform any particular service required by

17  the court. This subsection shall apply to receivership

18  proceedings commencing prior to, or subsequent to, July 1,

19  1997.

20         Section 95.  Subsections (3) and (4) of section

21  631.331, Florida Statutes, are amended to read:

22         631.331  Assessment prima facie correct; notice;

23  payment; proceeding to collect.--

24         (3)  If any such member or subscriber fails to pay the

25  assessment within the period specified in the notice, which

26  period shall not be less than 20 days after mailing, the

27  department may obtain an order in the delinquency proceeding

28  requiring the member or subscriber to show cause at a time and

29  place fixed by the court why judgment should not be entered

30  against such member or subscriber for the amount of the

31  assessment, together with all costs., and A copy of the order

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  1  and a copy of the petition therefor shall be served upon the

  2  member or subscriber within the time and in the manner

  3  designated in the order.

  4         (4)  If the subscriber or member after due service of a

  5  copy of the order and petition referred to in subsection (3)

  6  is made upon her or him:

  7         (a)  Fails to appear at the time and place specified in

  8  the order, judgment shall be entered against her or him as

  9  prayed for in the petition; or

10         (b)  Appears in the manner and form required by law in

11  response to the order, the court shall hear and determine the

12  matter and enter a judgment in accordance with its decision.

13  In the interests of judicial economy, the court may appoint a

14  special magistrate master to resolve objections or to perform

15  any particular service required by the court. This paragraph

16  shall apply to receivership proceedings commencing prior to,

17  or subsequent to, July 1, 1997.

18         Section 96.  Subsection (2) of section 633.052, Florida

19  Statutes, is amended to read:

20         633.052  Ordinances relating to firesafety;

21  definitions; penalties.--

22         (2)  A county or municipality that which has created a

23  code enforcement board or special magistrate master system

24  pursuant to chapter 162 may enforce firesafety code violations

25  as provided in chapter 162. The governing body of a county or

26  municipality which has not created a code enforcement board or

27  special magistrate master system for firesafety under chapter

28  162 is authorized to enact ordinances relating to firesafety

29  codes, which ordinances shall provide:

30         (a)  That a violation of such an ordinance is a civil

31  infraction.

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  1         (b)  A maximum civil penalty not to exceed $500.

  2         (c)  A civil penalty of less than the maximum civil

  3  penalty if the person who has committed the civil infraction

  4  does not contest the citation.

  5         (d)  For the issuance of a citation by an officer who

  6  has probable cause to believe that a person has committed a

  7  violation of an ordinance relating to firesafety.

  8         (e)  For the contesting of a citation in the county

  9  court.

10         (f)  Such procedures and provisions necessary to

11  implement any ordinances enacted under the authority of this

12  section.

13         Section 97.  Subsection (2) of section 744.369, Florida

14  Statutes, is amended to read:

15         744.369  Judicial review of guardianship reports.--

16         (2)  The court may appoint general or special

17  magistrate masters to assist the court in its review function.

18  The court may require the general or special magistrate master

19  to conduct random field audits.

20         Section 98.  Subsection (11) of section 760.11, Florida

21  Statutes, is amended to read:

22         760.11  Administrative and civil remedies;

23  construction.--

24         (11)  If a complaint is within the jurisdiction of the

25  commission, the commission shall simultaneously with its other

26  statutory obligations attempt to eliminate or correct the

27  alleged discrimination by informal methods of conference,

28  conciliation, and persuasion.  Nothing said or done in the

29  course of such informal endeavors may be made public or used

30  as evidence in a subsequent civil proceeding, trial, or

31  hearing.  The commission may initiate dispute resolution

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  1  procedures, including voluntary arbitration, by special

  2  magistrates masters or mediators.  The commission may adopt

  3  rules as to the qualifications of persons who may serve as

  4  special magistrates masters and mediators.

  5         Section 99.  Subsection (1) of section 837.011, Florida

  6  Statutes, is amended to read:

  7         837.011  Definitions.--In this chapter, unless a

  8  different meaning plainly is required:

  9         (1)  "Official proceeding" means a proceeding heard, or

10  which may be or is required to be heard, before any

11  legislative, judicial, administrative, or other governmental

12  agency or official authorized to take evidence under oath,

13  including any referee, general or special magistrate master in

14  chancery, administrative law judge, hearing officer, hearing

15  examiner, commissioner, notary, or other person taking

16  testimony or a deposition in connection with any such

17  proceeding.

18         Section 100.  Subsection (4) of section 838.014,

19  Florida Statutes, is amended to read:

20         838.014  Definitions.--For the purposes of this

21  chapter, unless a different meaning plainly is required:

22         (4)  "Public servant" means any public officer, agent,

23  or employee of government, whether elected or appointed,

24  including, but not limited to, any executive, legislative, or

25  judicial officer; any person who holds an office or position

26  in a political party or political party committee, whether

27  elected or appointed; and any person participating as a

28  general or special magistrate master, receiver, auditor,

29  juror, arbitrator, umpire, referee, consultant, administrative

30  law judge, hearing officer, or hearing examiner, or person

31  acting on behalf of any of these, in performing a governmental

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  1  function; but the term does not include witnesses.  Such term

  2  shall include a candidate for election or appointment to any

  3  such office, including any individual who seeks or intends to

  4  occupy any such office.  It shall include any person appointed

  5  to any of the foregoing offices or employments before and

  6  after he or she qualifies.

  7         Section 101.  Section 839.17, Florida Statutes, is

  8  amended to read:

  9         839.17  Misappropriation of moneys by commissioners to

10  make sales.--Any commissioner or general or special magistrate

11  master in chancery, having received the purchase money or the

12  securities resulting from any of the sales authorized by law,

13  who shall fail to deliver such moneys and securities, or

14  either of them, to the executor or administrator, or the

15  person entitled to receive the same, upon the order of the

16  court, unless she or he is rendered unable to do so by some

17  cause not attributable to her or his own default or neglect,

18  shall be fined in a sum equal to the amount received from the

19  purchaser, and commits shall be guilty of a felony of the

20  second degree, punishable as provided in s. 775.082, s.

21  775.083, or s. 775.084.

22         Section 102.  Paragraph (a) of subsection (3) of

23  section 916.107, Florida Statutes, is amended to read:

24         916.107  Rights of forensic clients.--

25         (3)  RIGHT TO EXPRESS AND INFORMED CONSENT.--

26         (a)  A client committed to the department pursuant to

27  this act shall be asked to give express and informed written

28  consent for treatment.  If a client in a forensic facility

29  refuses such treatment as is deemed necessary by the client's

30  multidisciplinary treatment team at the forensic facility for

31  the appropriate care of the client and the safety of the

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  1  client or others, such treatment may be provided under the

  2  following circumstances:

  3         1.  In an emergency situation in which there is

  4  immediate danger to the safety of the client or others, such

  5  treatment may be provided upon the written order of a

  6  physician for a period not to exceed 48 hours, excluding

  7  weekends and legal holidays.  If, after the 48-hour period,

  8  the client has not given express and informed consent to the

  9  treatment initially refused, the administrator or designee of

10  the forensic facility shall, within 48 hours, excluding

11  weekends and legal holidays, petition the committing court or

12  the circuit court serving the county in which the facility is

13  located, at the option of the facility administrator or

14  designee, for an order authorizing the continued treatment of

15  the client.  In the interim, treatment may be continued

16  without the consent of the client upon the continued written

17  order of a physician who has determined that the emergency

18  situation continues to present a danger to the safety of the

19  client or others.

20         2.  In a situation other than an emergency situation,

21  the administrator or designee of the forensic facility shall

22  petition the court for an order authorizing the treatment to

23  the client.  The order shall allow such treatment for a period

24  not to exceed 90 days from the date of the entry of the order.

25  Unless the court is notified in writing that the client has

26  provided express and informed consent in writing or that the

27  client has been discharged by the committing court, the

28  administrator or designee shall, prior to the expiration of

29  the initial 90-day order, petition the court for an order

30  authorizing the continuation of treatment for another 90-day

31

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  1  period.  This procedure shall be repeated until the client

  2  provides consent or is discharged by the committing court.

  3         3.  At the hearing on the issue of whether the court

  4  should enter an order authorizing treatment for which a client

  5  has refused to give express and informed consent, the court

  6  shall determine by clear and convincing evidence that the

  7  client is mentally ill, retarded, or autistic as defined in

  8  this chapter, that the treatment not consented to is essential

  9  to the care of the client, and that the treatment not

10  consented to is not experimental and does not present an

11  unreasonable risk of serious, hazardous, or irreversible side

12  effects.  In arriving at the substitute judgment decision, the

13  court must consider at least the following factors:

14         a.  The client's expressed preference regarding

15  treatment;

16         b.  The probability of adverse side effects;

17         c.  The prognosis without treatment; and

18         d.  The prognosis with treatment.

19

20  The hearing shall be as convenient to the client as may be

21  consistent with orderly procedure and shall be conducted in

22  physical settings not likely to be injurious to the client's

23  condition. The court may appoint a general or special

24  magistrate master to preside at the hearing. The client or the

25  client's guardian, and the representative, shall be provided

26  with a copy of the petition and the date, time, and location

27  of the hearing. The client has the right to have an attorney

28  represent him or her at the hearing, and, if the client is

29  indigent, the court shall appoint the office of the public

30  defender to represent the client at the hearing.  The client

31  may testify or not, as he or she chooses, and has the right to

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  1  cross-examine witnesses and may present his or her own

  2  witnesses.

  3         Section 103.  Subsection (11) of section 938.30,

  4  Florida Statutes, is amended to read:

  5         938.30  Court-imposed financial obligations in criminal

  6  cases; supplementary proceedings.--

  7         (11)  The court may refer any proceeding under this

  8  section to a special magistrate master who shall report

  9  findings and make recommendations to the court. The court

10  shall act on such recommendations within a reasonable amount

11  of time.

12         Section 104.  Subsection (3) of section 945.43, Florida

13  Statutes, is amended to read:

14         945.43  Admission of inmate to mental health treatment

15  facility.--

16         (3)  PROCEDURE FOR HEARING ON TRANSFER OF AN INMATE FOR

17  MENTAL HEALTH TREATMENT.--If the inmate does not waive a

18  hearing or if the inmate or the inmate's representative files

19  a petition for a hearing after having waived it, the court

20  shall serve notice on the superintendent of the facility where

21  the inmate is confined, the director, and the allegedly

22  mentally ill inmate.  The notice shall specify the date, time,

23  and place of the hearing; the basis for the allegation of

24  mental illness; and the names of the examining experts.  The

25  hearing shall be held within 5 days, and the court may appoint

26  a general or special magistrate master to preside.  The

27  hearing may be as informal as is consistent with orderly

28  procedure.  One of the experts whose opinion supported the

29  recommendation shall be present at the hearing for information

30  purposes.  If, at the hearing, the court finds that the inmate

31  is mentally ill and in need of care and treatment, it shall

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  1  order that he or she be transferred to a mental health

  2  treatment facility and provided appropriate treatment.  The

  3  court shall provide a copy of its order authorizing transfer

  4  and all supporting documentation relating to the inmate's

  5  condition to the superintendent of the treatment facility.  If

  6  the court finds that the inmate is not mentally ill, it shall

  7  dismiss the petition for transfer.

  8         Section 105.  This act shall take effect October 1,

  9  2000.

10

11            *****************************************

12                          SENATE SUMMARY

13    Revises laws governing various judicial and
      administrative proceedings to redesignate "magistrates"
14    as "trial court judges" and to redesignate "masters" and
      "general or special masters" as "general or special
15    magistrates."

16

17

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19

20

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