HB 1185 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Judiciary recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to courts; amending ss. 26.012, 27.06,
12	34.01, 48.20, 142.09, 316.635, 373.603, 381.0012, 450.121,
13	560.306, 633.14, 648.44, 817.482, 828.122, 832.05, 876.42,
14	893.12, 901.01, 901.02, 901.07, 901.08, 901.09, 901.11,
15	901.12, 901.25, 902.15, 902.17, 902.20, 902.21, 903.03,
16	903.32, 903.34, 914.22, 923.01, 933.01, 933.06, 933.07,
17	933.10, 933.101, 933.13, 933.14, 939.02, 939.14, 941.13,
18	941.14, 941.15, 941.17, 941.18, 947.141, 948.06, 985.05,
19	F.S., relating to various court procedures; redesignating
20	"magistrates" as "trial court judges"; amending ss.
21	56.071, 56.29, 61.1826, 64.061, 65.061, 69.051, 70.51,
22	92.142, 112.41, 112.43, 112.47, 162.03, 162.06, 162.09,
23	173.09, 173.10, 173.11, 173.12, 194.013, 194.034, 194.035,
24	206.16, 207.016, 320.411, 393.11, 394.467, 397.311,
25	397.681, 447.207, 447.403, 447.405, 447.407, 447.409,
26	475.011, 489.127, 489.531, 496.420, 501.207, 501.618,
27	559.936, 582.23, 631.182, 631.331, 633.052, 744.369,
28	760.11, 837.011, 838.014, 839.17, 916.107, 938.30, 945.43,
29	F.S., relating to various administrative and judicial
30	proceedings; redesignating "masters" and "general or
31	special masters" as "general or special magistrates";
32	amending s. 903.02, F.S.; providing that any judge setting
33	or granting bail shall set a separate bail amount for each
34	charge or offense; amending s. 903.046, F.S.; providing
35	that a defendant forfeits the right to a presumption in
36	favor of release on nonmonetary conditions if charged with
37	a second or subsequent felony within a certain time
38	period; amending s. 903.047, F.S.; providing for standard
39	conditions of pretrial release without the trial judge
40	stating such conditions on the record; requiring a
41	defendant to comply with all conditions of a pretrial
42	release program; amending s. 903.26, F.S.; providing that
43	failure of the state attorney to institute extradition
44	proceedings or extradite the principal on a bail bond,
45	after the surety's written agreement to pay actual
46	transportation costs, exonerates the surety; amending s.
47	903.27, F.S; providing that in cases in which the bond
48	forfeiture has been discharged by the court, the amount of
49	the judgment may not exceed the amount of the unpaid fees
50	or costs upon which the discharge had been conditioned;
51	amending s. 903.31, F.S.; providing that the clerk of
52	court shall furnish an executed certificate of
53	cancellation to the surety; providing that the original
54	appearance bond does not guarantee the defendant's conduct
55	or appearance in court at any time under certain
56	circumstances; amending s. 907.041, F.S.; requiring a
57	pretrial release service to certify to the court in
58	writing that it has conducted certain investigations and
59	verified specified conditions before an accused is
60	released on nonmonetary conditions; revising requirements
61	for the pretrial release of a person charged with a
62	dangerous crime; creating s. 903.0465, F.S.; providing
63	that a judge at a first appearance may not reduce bail set
64	by another judge issuing an arrest warrant; amending s.
65	903.0471, F.S.; authorizing a court to make a finding of
66	probable cause on the basis of an affidavit of a law
67	enforcement officer when a person on pretrial release is
68	arrested for a new law violation; providing an effective
69	date.
70
71	Be It Enacted by the Legislature of the State of Florida:
72
73	Section 1. Subsection (5) is added to section 26.012,
74	Florida Statutes, to read:
75	26.012 Jurisdiction of circuit court.--
76	(5) A circuit court is a trial court.
77	Section 2. Section 27.06, Florida Statutes, is amended to
78	read:
79	27.06 Habeas corpus and preliminary trials.--The several
80	state attorneys of this state shall represent the state in all
81	cases of habeas corpus arising in their respective circuits, and
82	shall also represent the state, either in person or by
83	assistant, in cases of preliminary trials of persons charged
84	with capital offenses in all cases where the committing trial
85	court judgemagistrateshall have given due and timely notice of
86	the time and place of such trial. Notice of the application for
87	the writ of habeas corpus shall be given to the prosecuting
88	officer of the court wherein the statute under attack is being
89	applied, the criminal law proceeding is being maintained, or the
90	conviction has occurred.
91	Section 3. Subsections (2) and (3) of section 34.01,
92	Florida Statutes, are amended, and subsection (5) is added to
93	said section, to read:
94	34.01 Jurisdiction of county court.--
95	(2) The county courts shall have jurisdiction previously
96	exercised by county judges' courts other than that vested in the
97	circuit court by s. 26.012, except that county court judges may
98	hear matters involving dissolution of marriage under the
99	simplified dissolution procedure pursuant to Rule 1.611(c),
100	Florida Family Law Rules of CivilProcedure or may issue a final
101	order for dissolution in cases where the matter is uncontested,
102	and the jurisdiction previously exercised by county courts, the
103	claims court, small claims courts, small claims magistrates
104	courts, magistrates courts, justice of the peace courts,
105	municipal courts, and courts of chartered counties, including
106	,but not limited to,the counties referred to in ss. 9, 10, 11,
107	and 24, Art. VIII of the State Constitution of 1885.
108	(3) Judges of county courts shall also be committing trial
109	court judgesmagistrates. Judges of county courts shall be
110	coroners unless otherwise provided by law or by rule of the
111	Supreme Court.
112	(5) A county court is a trial court.
113	Section 4. Section 48.20, Florida Statutes, is amended to
114	read:
115	48.20 Service of process on Sunday.--Service or execution
116	on Sunday of any writ, process, warrant, order, or judgment is
117	void and the person serving or executing, or causing it to be
118	served or executed, is liable to the party aggrieved for damages
119	for so doing as if he or she had done it without any process,
120	writ, warrant, order, or judgment. If affidavit is made by the
121	person requesting service or execution that he or she has good
122	reason to believe that any person liable to have any such writ,
123	process, warrant, order, or judgment served on him or her
124	intends to escape from this state under protection of Sunday,
125	any officer furnished with an order authorizing service or
126	execution by the trial court judge or magistrate of any
127	incorporated townmay serve or execute such writ, process,
128	warrant, order, or judgment on Sunday, and it is as valid as if
129	it had been done on any other day.
130	Section 5. Section 142.09, Florida Statutes, is amended to
131	read:
132	142.09 If defendant is not convicted or dies.--If the
133	defendant is not convicted, or the prosecution is abated by the
134	death of the defendant, or if the costs are imposed on the
135	defendant and execution against him or her is returned no
136	property found, or if a nolle prosse be entered, in each of
137	these cases the fees of witnesses and officers arising from
138	criminal causes shall be paid by the county in the manner
139	specified in ss. 142.10-142.12; provided, that when a committing
140	trial court judgemagistrateholds to bail or commits a person
141	to answer to a criminal charge and an information is not filed
142	or an indictment found against such person, the costs and fees
143	of such committing trial shall not be paid by the county, except
144	the costs of executing the warrants.
145	Section 6. Subsection (3) of section 316.635, Florida
146	Statutes, is amended to read:
147	316.635 Courts having jurisdiction over traffic
148	violations; powers relating to custody and detention of
149	minors.--
150	(3) If a minor is taken into custody for a criminal
151	traffic offense or a violation of chapter 322 and the minor does
152	not demand to be taken before a trial court judge, or a civil
153	traffic infraction hearing officer, who has jurisdiction over
154	the offense or violationmagistrate, the arresting officer or
155	booking officer shall immediately notify, or cause to be
156	notified, the minor's parents, guardian, or responsible adult
157	relative of the action taken. After making every reasonable
158	effort to give notice, the arresting officer or booking officer
159	may:
160	(a) Issue a notice to appear pursuant to chapter 901 and
161	release the minor to a parent, guardian, responsible adult
162	relative, or other responsible adult;
163	(b) Issue a notice to appear pursuant to chapter 901 and
164	release the minor pursuant to s. 903.06;
165	(c) Issue a notice to appear pursuant to chapter 901 and
166	deliver the minor to an appropriate substance abuse treatment or
167	rehabilitation facility or refer the minor to an appropriate
168	medical facility as provided in s. 901.29. If the minor cannot
169	be delivered to an appropriate substance abuse treatment or
170	rehabilitation facility or medical facility, the arresting
171	officer may deliver the minor to an appropriate intake office of
172	the Department of Juvenile Justice, which shall take custody of
173	the minor and make any appropriate referrals; or
174	(d) If the violation constitutes a felony and the minor
175	cannot be released pursuant to s. 903.03, transport and deliver
176	the minor to an appropriate Department of Juvenile Justice
177	intake office. Upon delivery of the minor to the intake office,
178	the department shall assume custody and proceed pursuant to
179	chapter 984 or chapter 985.
180
181	If action is not taken pursuant to paragraphs (a)-(d), the minor
182	shall be delivered to the Department of Juvenile Justice, and
183	the department shall make every reasonable effort to contact the
184	parents, guardian, or responsible adult relative to take custody
185	of the minor. If there is no parent, guardian, or responsible
186	adult relative available, the department may retain custody of
187	the minor for up to 24 hours.
188	Section 7. Section 373.603, Florida Statutes, is amended
189	to read:
190	373.603 Power to enforce.--The Department of Environmental
191	Protection or the governing board of any water management
192	district and any officer or agent thereof may enforce any
193	provision of this law or any rule or regulation adopted and
194	promulgated or order issued thereunder to the same extent as any
195	peace officer is authorized to enforce the law. Any officer or
196	agent of any such board may appear before any trial court judge
197	magistrateempowered to issue warrants in criminal cases and
198	make an affidavit and apply for the issuance of a warrant in the
199	manner provided by law.; and said magistrate, If such affidavit
200	allegesshall allege the commission of an offense, the trial
201	court judgeshall issue a warrant directed to any sheriff or
202	deputy for the arrest of any offender. The provisions of this
203	section shall apply to the Florida Water Resources Act of 1972
204	in its entirety.
205	Section 8. Subsection (4) of section 381.0012, Florida
206	Statutes, is amended to read:
207	381.0012 Enforcement authority.--
208	(4) The department may appear before any trial court judge
209	magistrateempowered to issue warrants in criminal cases and
210	request the issuance of a warrant. The trial court judge
211	magistrateshall issue a warrant directed to any sheriff,
212	deputy, or police officer to assist in any way to carry out the
213	purpose and intent of this chapter.
214	Section 9. Subsections (3) and (4) of section 450.121,
215	Florida Statutes, are amended to read:
216	450.121 Enforcement of Child Labor Law.--
217	(3) It is the duty of any trial court judgemagistrateof
218	any court in the state to issue warrants and try cases made
219	within the limit of any municipalitycity over which such trial
220	court judgemagistratehas jurisdiction in connection with the
221	violation of this law.
222	(4) Grand juries shall have inquisitorial powers to
223	investigate violations of this chapter; also, trialcountycourt
224	judges and judges of the circuit courtsshall specially charge
225	the grand jury, at the beginning of each term of the court, to
226	investigate violations of this chapter.
227	Section 10. Subsection (2) of section 560.306, Florida
228	Statutes, is amended to read:
229	560.306 Standards.--
230	(2) The department may deny registration if it finds that
231	the applicant, or any money transmitter-affiliated party of the
232	applicant, has been convicted of a crime involving moral
233	turpitude in any jurisdiction or of a crime which, if committed
234	in this state, would constitute a crime involving moral
235	turpitude under the laws of this state. For the purposes of this
236	part, a person shall be deemed to have been convicted of a crime
237	if such person has either pleaded guilty to or been found guilty
238	of a charge before a court or afederal magistrate, or by the
239	verdict of a jury, irrespective of the pronouncement of sentence
240	or the suspension thereof. The department may take into
241	consideration the fact that such plea of guilty, or such
242	decision, judgment, or verdict, has been set aside, reversed, or
243	otherwise abrogated by lawful judicial process or that the
244	person convicted of the crime received a pardon from the
245	jurisdiction where the conviction was entered or received a
246	certificate pursuant to any provision of law which removes the
247	disability under this part because of such conviction.
248	Section 11. Section 633.14, Florida Statutes, is amended
249	to read:
250	633.14 Agents; powers to make arrests, conduct searches
251	and seizures, serve summonses, and carry firearms.--Agents of
252	the State Fire Marshal shall have the same authority to serve
253	summonses, make arrests, carry firearms,and make searches and
254	seizures, as the sheriff or her or his deputies, in the
255	respective counties where such investigations, hearings,or
256	inspections may be held; and affidavits necessary to authorize
257	any such arrests, searches, or seizures may be made before any
258	trial court judgemagistratehaving authority under the law to
259	issue appropriate processes.
260	Section 12. Paragraph (e) of subsection (1) and paragraph
261	(c) of subsection (2) of section 648.44, Florida Statutes, are
262	amended to read:
263	648.44 Prohibitions; penalty.--
264	(1) A bail bond agent,or temporary bail bond agent, or
265	runnermay not:
266	(e) Pay a fee or rebate or give or promise anything of
267	value to a jailer, police officer, peace officer, or committing
268	trial court judgemagistrateor any other person who has power
269	to arrest or to hold in custody or to any public official or
270	public employee in order to secure a settlement, compromise,
271	remission, or reduction of the amount of any bail bond or
272	estreatment thereof.
273	(2) The following persons or classes shall not be bail
274	bond agents, temporary bail bond agents, or employees of a bail
275	bond agent or a bail bond business and shall not directly or
276	indirectly receive any benefits from the execution of any bail
277	bond:
278	(c) Committing trial court judgesmagistrates, employees
279	of a court, or employees of the clerk of any court.
280	Section 13. Subsection (3) of section 817.482, Florida
281	Statutes, is amended to read:
282	817.482 Possessing or transferring device for theft of
283	telecommunications service; concealment of destination of
284	telecommunications service.--
285	(3) Any such instrument, apparatus, equipment, or device,
286	or plans or instructions therefor, referred to in subsections
287	(1) and (2), may be seized by court order or under a search
288	warrant of a judge or magistrateor incident to a lawful arrest;
289	and upon the conviction of any person for a violation of any
290	provision of this act, or s. 817.481, such instrument,
291	apparatus, equipment, device, plans, or instructions either
292	shall be destroyed as contraband by the sheriff of the county in
293	which such person was convicted or turned over to the telephone
294	company in whose territory such instrument, apparatus,
295	equipment, device, plans, or instructions were seized.
296	Section 14. Subsection (5) of section 828.122, Florida
297	Statutes, is amended to read:
298	828.122 Fighting or baiting animals; offenses;
299	penalties.--
300	(5) Whenever an indictment is returned or an information
301	is filed charging a violation of s. 828.12 or of this section
302	and, in the case of an information, a trial court judge
303	magistratefinds probable cause that a violation has occurred,
304	the court shall order the animals seized and shall provide for
305	appropriate and humane care or disposition of the animals. This
306	provision shall not be construed as a limitation on the power to
307	seize animals as evidence at the time of arrest.
308	Section 15. Subsection (8) of section 832.05, Florida
309	Statutes, is amended to read:
310	832.05 Giving worthless checks, drafts, and debit card
311	orders; penalty; duty of drawee; evidence; costs; complaint
312	form.--
313	(8) COSTS.--When a prosecution is initiated under this
314	section before any committing trial court judgemagistrate, the
315	party applying for the warrant shall be held liable for costs
316	accruing in the event the case is dismissed for want of
317	prosecution. No costs shall be charged to the county in such
318	dismissed cases.
319	Section 16. Section 876.42, Florida Statutes, is amended
320	to read:
321	876.42 Witnesses' privileges.--No person shall be excused
322	from attending and testifying, or producing any books, papers,
323	or other documents before any court, magistrate, referee,or
324	grand jury upon any investigation, proceeding,or trial, for or
325	relating to or concerned with a violation of any section of this
326	law or attempt to commit such violation, upon the ground or for
327	the reason that the testimony or evidence, documentary or
328	otherwise,required by the state may tend to convict the person
329	of a crime or to subject him or her to a penalty or forfeiture;
330	but no person shall be prosecuted or subjected to any penalty or
331	forfeiture for or on account of any transaction, matter,or
332	thing concerning which the person may so testify or produce
333	evidence, documentary or otherwise, and no testimony so given or
334	produced shall be received against the person, upon any criminal
335	investigation, proceeding,or trial, except upon a prosecution
336	for perjury or contempt of court, based upon the giving or
337	producing of such testimony.
338	Section 17. Paragraph (a) of subsection (1) of section
339	893.12, Florida Statutes, is amended to read:
340	893.12 Contraband; seizure, forfeiture, sale.--
341	(1) All substances controlled by this chapter and all
342	listed chemicals, which substances or chemicals are handled,
343	delivered, possessed, or distributed contrary to any provisions
344	of this chapter, and all such controlled substances or listed
345	chemicals the lawful possession of which is not established or
346	the title to which cannot be ascertained, are declared to be
347	contraband, are subject to seizure and confiscation by any
348	person whose duty it is to enforce the provisions of the
349	chapter, and shall be disposed of as follows:
350	(a) Except as in this section otherwise provided, the
351	court having jurisdiction shall order such controlled substances
352	or listed chemicals forfeited and destroyed. A record of the
353	place where said controlled substances or listed chemicals were
354	seized, of the kinds and quantities of controlled substances or
355	listed chemicals destroyed, and of the time, place, and manner
356	of destruction shall be kept, and a return under oath reporting
357	said destruction shall be made to the court or magistrateby the
358	officer who destroys them.
359	Section 18. Section 901.01, Florida Statutes, is amended
360	to read:
361	901.01 Judicial officers haveto be committing authority
362	magistrates.--Each state judicial officer is a conservator of
363	the peace and hasa committing magistrate withauthority to
364	issue warrants of arrest, commit offenders to jail, and
365	recognize them to appear to answer the charge. He or she may
366	require sureties of the peace when the peace has been
367	substantially threatened or disturbed.
368	Section 19. Subsection (1) of section 901.02, Florida
369	Statutes, is amended to read:
370	901.02 When warrant of arrest to be issued.--
371	(1) A warrant may be issued for the arrest of the person
372	complained against if the trial court judgemagistrate, from the
373	examination of the complainant and other witnesses, reasonably
374	believes that the person complained against has committed an
375	offense within the trial court judge'smagistrate's
376	jurisdiction. A warrant is issued at the time it is signed by
377	the trial court judgemagistrate.
378	Section 20. Section 901.07, Florida Statutes, is amended
379	to read:
380	901.07 Admission to bail when arrest occurs in another
381	county.--
382	(1) When an arrest by a warrant occurs in a county other
383	than the one in which the alleged offense was committed and the
384	warrant issued, if the person arrested has a right to bail, the
385	arresting officer shall inform the person of his or her right
386	and, upon request, shall take the person before a trial court
387	judgemagistrateor other official of the same county having
388	authority to admit to bail. The official shall admit the person
389	arrested to bail for his or her appearance before the trial
390	court judgemagistratewho issued the warrant.
391	(2) If the person arrested does not have a right to bail
392	or, when informed of his or her right to bail, does not furnish
393	bail immediately, the officer who made the arrest or the officer
394	having the warrant shall take the person before the trial court
395	judgemagistratewho issued the warrant.
396	Section 21. Section 901.08, Florida Statutes, is amended
397	to read:
398	901.08 Issue of warrant when offense triable in another
399	county.--
400	(1) When a complaint before a trial court judgemagistrate
401	charges the commission of an offense that is punishable by death
402	or life imprisonment and is triable in another county of the
403	state, but it appears that the person against whom the complaint
404	is made is in the county where the complaint is made, the same
405	proceedings for issuing a warrant shall be used as prescribed in
406	this chapter, except that the warrant shall require the person
407	against whom the complaint is made to be taken before a
408	designated trial court judgemagistrateof the county in which
409	the offense is triable.
410	(2) If the person arrested has a right to bail, the
411	officer making the arrest shall inform the person of his or her
412	right to bail and, on request, shall take the person before a
413	trial court judgemagistrateor other official having authority
414	to admit to bail in the county in which the arrest is made. The
415	official shall admit the person to bail for his or her
416	appearance before the trial court judgemagistratedesignated in
417	the warrant.
418	(3) If the person arrested does not have a right to bail
419	or, when informed of his or her right to bail, does not furnish
420	bail immediately, he or she shall be taken before the trial
421	court judgemagistratedesignated in the warrant.
422	Section 22. Section 901.09, Florida Statutes, is amended
423	to read:
424	901.09 When summons shall be issued.--
425	(1) When the complaint is for an offense that the trial
426	court judgemagistrate is empowered to try summarily, the trial
427	court judgemagistrateshall issue a summons instead of a
428	warrant, unless she or he reasonably believes that the person
429	against whom the complaint was made will not appear upon a
430	summons, in which event the trial court judgemagistrateshall
431	issue a warrant.
432	(2) When the complaint is for a misdemeanor that the trial
433	court judgemagistrate is not empowered to try summarily, the
434	trial court judgemagistrateshall issue a summons instead of a
435	warrant if she or he reasonably believes that the person against
436	whom the complaint was made will appear upon a summons.
437	(3) The summons shall set forth substantially the nature
438	of the offense and shall command the person against whom the
439	complaint was made to appear before the trial court judge
440	magistrateat a stated time and place.
441	Section 23. Section 901.11, Florida Statutes, is amended
442	to read:
443	901.11 Effect of not answering summons.--Failure to appear
444	as commanded by a summons without good cause is an indirect
445	criminal contempt of court and may be punished by a fine of not
446	more than $100. When a person fails to appear as commanded by a
447	summons, the trial court judgemagistrateshall issue a warrant.
448	If the trial court judgemagistrateacquires reason to believe
449	that the person summoned will not appear as commanded after
450	issuing a summons, the trial court judgemagistratemay issue a
451	warrant.
452	Section 24. Section 901.12, Florida Statutes, is amended
453	to read:
454	901.12 Summons against corporation.--When a complaint of
455	an offense is made against a corporation, the trial court judge
456	magistrateshall issue a summons that shall set forth
457	substantially the nature of the offense and command the
458	corporation to appear before the trial court judgemagistrateat
459	a stated time and place.
460	Section 25. Subsection (3) of section 901.25, Florida
461	Statutes, is amended to read:
462	901.25 Fresh pursuit; arrest outside jurisdiction.--
463	(3) If an arrest is made in this state by an officer
464	outside the county within which his or her jurisdiction lies,
465	the officer shall immediately notify the officer in charge of
466	the jurisdiction in which the arrest is made. Such officer in
467	charge of the jurisdiction shall, along with the officer making
468	the arrest, take the person so arrested before a trialcounty
469	court judge or other committing magistrateof the county in
470	which the arrest was made without unnecessary delay.
471	Section 26. Section 902.15, Florida Statutes, is amended
472	to read:
473	902.15 Undertaking by witness.--When a defendant is held
474	to answer on a charge for a crime punishable by death or life
475	imprisonment, the trial court judgemagistrateat the
476	preliminary hearing may require each material witness to enter
477	into a written recognizance to appear at the trial or forfeit a
478	sum fixed by the trial court judgemagistrate. Additional
479	security may be required in the discretion of the trial court
480	judgemagistrate.
481	Section 27. Subsections (1), (2), and (3) of section
482	902.17, Florida Statutes, are amended to read:
483	902.17 Procedure when witness does not give security.--
484	(1) If a witness required to enter into a recognizance to
485	appear refuses to comply with the order, the trial court judge
486	magistrateshall commit the witness to custody until she or he
487	complies or she or he is legally discharged.
488	(2) If the trial court judgemagistraterequires a witness
489	to give security for her or his appearance and the witness is
490	unable to give the security, the witness may apply to the court
491	having jurisdiction to try the defendant for a reduction of the
492	security.
493	(3) If it appears from examination on oath of the witness
494	or any other person that the witness is unable to give security,
495	the trial court judgemagistrateor the court having
496	jurisdiction to try the defendant shall make an order finding
497	that fact, and the witness shall be detained pending application
498	for her or his conditional examination. Within 3 days afterfrom
499	the entry of the order, the witness shall be conditionally
500	examined on application of the state or the defendant. The
501	examination shall be by question and answer in the presence of
502	the other party and counsel, and shall be transcribed by a court
503	reporter or stenographer selected by the parties. At the
504	completion of the examination the witness shall be discharged.
505	The deposition of the witness may be introduced in evidence at
506	the trial by the defendant, or, if the prosecuting attorney and
507	the defendant and the defendant's counsel agree, it may be
508	admitted in evidence by stipulation. The deposition shall not be
509	admitted on behalf of the state without the consent of the
510	defendant.
511	Section 28. Section 902.20, Florida Statutes, is amended
512	to read:
513	902.20 Contempts before committing trial court judge
514	magistrate.--A committing trial court judgemagistrateholding a
515	preliminary hearing shall have the same power to punish for
516	contempts that she or he has while presiding at the trial of
517	criminal cases.
518	Section 29. Section 902.21, Florida Statutes, is amended
519	to read:
520	902.21 Commitment to jail in another county.--If a person
521	is committed in a county where there is no jail, the committing
522	trial court judgemagistrateshall direct the sheriff to deliver
523	the accused to a jail in another county.
524	Section 30. Subsection (1) of section 903.03, Florida
525	Statutes, is amended to read:
526	903.03 Jurisdiction of trial court to admit to bail;
527	duties and responsibilities of Department of Corrections.--
528	(1) After a person is held to answer by a trial court
529	judgemagistrate, the court having jurisdiction to try the
530	defendant shall, before indictment, affidavit, or information is
531	filed, have jurisdiction to hear and decide all preliminary
532	motions regarding bail and production or impounding of all
533	articles, writings, moneys, or other exhibits expected to be
534	used at the trial by either the state or the defendant.
535	Section 31. Subsection (2) of section 903.32, Florida
536	Statutes, is amended to read:
537	903.32 Defects in bond.--
538	(2) If no day, or an impossible day, is stated in a bond
539	for the defendant's appearance before a trial court judge
540	magistratefor a hearing, the defendant shall be bound to appear
541	10 days after receipt of notice to appear by the defendant, the
542	defendant's counsel, or any surety on the undertaking. If no
543	day, or an impossible day, is stated in a bond for the
544	defendant's appearance for trial, the defendant shall be bound
545	to appear on the first day of the next term of court that will
546	commence more than 3 days after the undertaking is given.
547	Section 32. Section 903.34, Florida Statutes, is amended
548	to read:
549	903.34 Who may admit to bail.--In criminal actions
550	instituted or pending in any state court, bonds given by
551	defendants before trial until appeal shall be approved by a
552	committing trial court judgemagistrateor the sheriff. Appeal
553	bonds shall be approved as provided in s. 924.15.
554	Section 33. Subsection (4) of section 914.22, Florida
555	Statutes, is amended to read:
556	914.22 Tampering with a witness, victim, or informant.--
557	(4) In a prosecution for an offense under this section, no
558	state of mind need be proved with respect to the circumstance:
559	(a) That the official proceeding before a judge, court,
560	magistrate,grand jury, or government agency is before a judge
561	or court of the state, a state or local grand jury, or a state
562	agency; or
563	(b) That the judge is a judge of the state or that the law
564	enforcement officer is an officer or employee of the state or a
565	person authorized to act for or on behalf of the state or
566	serving the state as an adviser or consultant.
567	Section 34. Section 923.01, Florida Statutes, is amended
568	to read:
569	923.01 Criminal report.--Each committing trial court judge
570	magistrateat the time commitment papers are sent by her or him
571	to the proper trial court, and the sheriff when an arrest is
572	made, other than on a capias, shall transmit to the prosecuting
573	attorney of the trial court having jurisdiction, a report in the
574	following form:
575	CRIMINAL REPORT
576	Date: ____ Name and address of defendant: ____ Age: ____. If
577	under 18, give name and address of parent, next friend, or
578	guardian: ____ Name of offense, such as murder, assault,
579	robbery, etc.: ____ Date and place where committed: ____ Value
580	of property stolen: ____ Kind of property stolen: ____ Kind of
581	building robbed: ____ Name and address of owner of property
582	stolen or building robbed: ____ Name and address of occupant of
583	building robbed: ____ Name of party assaulted or murdered: ____
584	Weapon used in assault or murder: ____ Exhibits taken at scene
585	of crime or from defendant: ____ Name of custodian of such
586	exhibits: ____ Location of building or place where offense
587	committed: ____ Previous prison record of defendant: ____ Has
588	defendant been arrested: ____ Does defendant desire to plead
589	guilty: ____ Names and addresses of state witnesses: ____ Name
590	of defendant's lawyer: ____ If defendant is released on bond,
591	names and addresses of sureties: ____ Brief statement of facts:
592	____ Name of committing trial court judgemagistrate: ____ If
593	additional space required, use reverse side of this sheet.
594	...(Signature of party making this report.)...
595	Section 35. Section 933.01, Florida Statutes, is amended
596	to read:
597	933.01 Persons competent to issue search warrant.--A
598	search warrant authorized by law may be issued by any judge,
599	including the judge of any circuit court of this state or county
600	court judge, or committing judge of the trial courtmagistrate
601	having jurisdiction where the place, vehicle,or thing to be
602	searched may be.
603	Section 36. Section 933.06, Florida Statutes, is amended
604	to read:
605	933.06 Sworn application required before issuance.--The
606	judge or magistratemust, before issuing the warrant, have the
607	application of some person for said warrant duly sworn to and
608	subscribed, and may receive further testimony from witnesses or
609	supporting affidavits, or depositions in writing, to support the
610	application. The affidavit and further proof, if same be had or
611	required, must set forth the facts tending to establish the
612	grounds of the application or probable cause for believing that
613	they exist.
614	Section 37. Subsection (1) of section 933.07, Florida
615	Statutes, is amended to read:
616	933.07 Issuance of search warrants.--
617	(1) The judge, upon examination of the application and
618	proofs submitted, if satisfied that probable cause exists for
619	the issuing of the search warrant, shall thereupon issue a
620	search warrant signed by him or her with his or her name of
621	office, to any sheriff and the sheriff's deputies or any police
622	officer or other person authorized by law to execute process,
623	commanding the officer or person forthwith to search the
624	property described in the warrant or the person named, for the
625	property specified, and to bring the property and any person
626	arrested in connection therewith before the judgemagistrateor
627	some other court having jurisdiction of the offense.
628	Section 38. Section 933.10, Florida Statutes, is amended
629	to read:
630	933.10 Execution of search warrant during day or night.--A
631	search warrant issued under the provisions ofthis chapter may,
632	if expressly authorized in such warrant by the judge or
633	magistrate issuing the same, be executed by being served either
634	in the daytime or in the nighttime, as the exigencies of the
635	occasion may demand or require.
636	Section 39. Section 933.101, Florida Statutes, is amended
637	to read:
638	933.101 Service on Sunday.--A search warrant may be
639	executed by being served on Sunday, if expressly authorized in
640	such warrant by the judge or magistrate issuing the same.
641	Section 40. Section 933.13, Florida Statutes, is amended
642	to read:
643	933.13 Copy of inventory shall be delivered upon
644	request.--The judge or magistrateto whom the warrant is
645	returned, upon the request of any claimant or any person from
646	whom said property is taken, or the officer who executed the
647	search warrant, shall deliver to said applicant a true copy of
648	the inventory of the property mentioned in the return on said
649	warrant.
650	Section 41. Subsections (1), (3), and (4) of section
651	933.14, Florida Statutes, are amended to read:
652	933.14 Return of property taken under search warrant.--
653	(1) If it appears to the magistrate orjudge before whom
654	the warrant is returned that the property or papers taken are
655	not the same as that described in the warrant, or that there is
656	no probable cause for believing the existence of the grounds
657	upon which the warrant was issued, or if it appears to the judge
658	magistratebefore whom any property is returned that the
659	property was secured by an "unreasonable" search, the judge or
660	magistratemay order a return of the property taken; provided,
661	however, that in no instance shall contraband such as slot
662	machines, gambling tables, lottery tickets, tally sheets,
663	rundown sheets, or other gambling devices, paraphernalia and
664	equipment, or narcotic drugs, obscene prints and literature be
665	returned to anyone claiming an interest therein, it being the
666	specific intent of the Legislature that no one has any property
667	rights subject to be protected by any constitutional provision
668	in such contraband; provided, further, that the claimant of said
669	contraband may upon sworn petition and proof submitted by him or
670	her in the circuit court of the county where seized, show that
671	said contraband articles so seized were held, used or possessed
672	in a lawful manner, for a lawful purpose, and in a lawful place,
673	the burden of proof in all cases being upon the claimant. The
674	sworn affidavit or complaint upon which the search warrant was
675	issued or the testimony of the officers showing probable cause
676	to search without a warrant or incident to a legal arrest, and
677	the finding of such slot machines, gambling tables, lottery
678	tickets, tally sheets, rundown sheets, scratch sheets, or other
679	gambling devices, paraphernalia, and equipment, including money
680	used in gambling or in furtherance of gambling, or narcotic
681	drugs, obscene prints and literature, or any of them, shall
682	constitute prima facie evidence of the illegal possession of
683	such contraband and the burden shall be upon the claimant for
684	the return thereof, to show that such contraband was lawfully
685	acquired, possessed, held, and used.
686	(3) No pistol or firearm taken by any officer with a
687	search warrant or without a search warrant upon a view by the
688	officer of a breach of the peace shall be returned except
689	pursuant to an order of a trialcircuit judge or a countycourt
690	judge.
691	(4) If no cause is shown for the return of any property
692	seized or taken under a search warrant, the judge or magistrate
693	shall order that the same be impounded for use as evidence at
694	any trial of any criminal or penal cause growing out of the
695	having or possession of said property, but perishable property
696	held or possessed in violation of law may be sold where the same
697	is not prohibited, as may be directed by the court, or returned
698	to the person from whom taken. The judge or magistrateto whom
699	said search warrant is returned shall file the same with the
700	inventory and sworn return in the proper office, and if the
701	original affidavit and proofs upon which the warrant was issued
702	are in his or her possession, he or she shall apply to the
703	officer having the same and the officer shall transmit and
704	deliver all of the papers, proofs, and certificates to the
705	proper office where the proceedings are lodged.
706	Section 42. Section 939.02, Florida Statutes, is amended
707	to read:
708	939.02 Costs before committing trial court judge
709	magistrate.--All costs accruing before a committing trial court
710	judgemagistrateshall be taxed against the defendant on
711	conviction or estreat of recognizance.
712	Section 43. Section 939.14, Florida Statutes, is amended
713	to read:
714	939.14 County not to pay costs in cases where information
715	is not filed or indictment found.--When a committing trial court
716	judgemagistrateholds to bail or commits any person to answer a
717	criminal charge in a county court or a circuit court, and an
718	information is not filed nor an indictment found against such
719	person, the costs of such committing trial shall not be paid by
720	the county, except the costs for executing the warrant.
721	Section 44. Section 941.13, Florida Statutes, is amended
722	to read:
723	941.13 Arrest prior to requisition.--Whenever any person
724	within this state shall be charged on the oath of any credible
725	person before any judge or magistrateof this state with the
726	commission of any crime in any other state, and,except in cases
727	arising under s. 941.06,with having fled from justice or with
728	having been convicted of a crime in that state and having
729	escaped from confinement, or having broken the terms of his or
730	her bail, probation, or parole, or whenever complaint shall have
731	been made before any judge or magistratein this state setting
732	forth on the affidavit of any credible person in another state
733	that a crime has been committed in such other state and that the
734	accused has been charged in such state with the commission of
735	the crime, and, except in cases arising under s. 941.06, has
736	fled from justice, or with having been convicted of a crime in
737	that state and having escaped from confinement, or having broken
738	the terms of his or her bail, probation, or parole, and is
739	believed to be in this state, the judge or magistrateshall
740	issue a warrant directed to any peace officer commanding him or
741	her to apprehend the person named therein, wherever the person
742	may be found in this state, and to bring the person before the
743	same or any other judge, magistrate,or court who or which may
744	be available in, or convenient of, access to the place where the
745	arrest may be made, to answer the charge or complaint and
746	affidavit, and a certified copy of the sworn charge or complaint
747	and affidavit upon which the warrant is issued shall be attached
748	to the warrant.
749	Section 45. Section 941.14, Florida Statutes, is amended
750	to read:
751	941.14 Arrest without a warrant.--The arrest of a person
752	may be lawfully made also by any peace officer or a private
753	person, without a warrant upon reasonable information that the
754	accused stands charged in the courts of a state with a crime
755	punishable by death or imprisonment for a term exceeding 1 year,
756	but when so arrested the accused must be taken before a judge or
757	magistratewith all practicable speed and complaint must be made
758	against the accused under oath setting forth the ground for the
759	arrest as in the preceding section; and thereafter his or her
760	answer shall be heard as if the accused had been arrested on a
761	warrant.
762	Section 46. Section 941.15, Florida Statutes, is amended
763	to read:
764	941.15 Commitment to await requisition; bail.--If from the
765	examination before the judge or magistrateit appears that the
766	person held is the person charged with having committed the
767	crime alleged and, except in cases arising under s. 941.06, that
768	the person has fled from justice, the judge or magistratemust,
769	by a warrant reciting the accusation, commit the person to the
770	county jail for such a time not exceeding 30 days and specified
771	in the warrant,as will enable the arrest of the accused to be
772	made under a warrant of the Governor on a requisition of the
773	executive authority of the state having jurisdiction of the
774	offense, unless the accused givesgive bail as provided in s.
775	941.16the next section, or until the accused shall be legally
776	discharged.
777	Section 47. Section 941.17, Florida Statutes, is amended
778	to read:
779	941.17 Extension of time of commitment, adjournment.--If
780	the accused is not arrested under warrant of the Governor by the
781	expiration of the time specified in the warrant or bond, a judge
782	or magistratemay discharge the accused or may recommit him or
783	her for a further period not to exceed 60 days, or a judge or
784	magistrate judgemay again take bail for his or her appearance
785	and surrender, as provided in s. 941.16, but within a period not
786	to exceed 60 days after the date of such new bond.
787	Section 48. Section 941.18, Florida Statutes, is amended
788	to read:
789	941.18 Forfeiture of bail.--If the prisoner is admitted to
790	bail, and fails to appear and surrender himself or herself
791	according to the conditions of his or her bond, the judge, or
792	magistrate by proper order,shall declare the bond forfeited and
793	order his or her immediate arrest without warrant if he or she
794	isbewithin this state. Recovery may be had on such bond in the
795	name of the state as in the case of other bonds given by the
796	accused in criminal proceedings within this state.
797	Section 49. Subsection (2) of section 947.141, Florida
798	Statutes, is amended to read:
799	947.141 Violations of conditional release, control
800	release, or conditional medical release or addiction-recovery
801	supervision.--
802	(2) Upon the arrest on a felony charge of an offender who
803	is on release supervision under s. 947.1405, s. 947.146, s.
804	947.149, or s. 944.4731, the offender must be detained without
805	bond until the initial appearance of the offender at which a
806	judicial determination of probable cause is made. If the trial
807	court judgemagistratedetermines that there was no probable
808	cause for the arrest, the offender may be released. If the trial
809	court judgemagistratedetermines that there was probable cause
810	for the arrest, such determination also constitutes reasonable
811	grounds to believe that the offender violated the conditions of
812	the release. Within 24 hours after the trial court judge's
813	magistrate'sfinding of probable cause, the detention facility
814	administrator or designee shall notify the commission and the
815	department of the finding and transmit to each a facsimile copy
816	of the probable cause affidavit or the sworn offense report upon
817	which the trial court judge'smagistrate'sprobable cause
818	determination is based. The offender must continue to be
819	detained without bond for a period not exceeding 72 hours
820	excluding weekends and holidays after the date of the probable
821	cause determination, pending a decision by the commission
822	whether to issue a warrant charging the offender with violation
823	of the conditions of release. Upon the issuance of the
824	commission's warrant, the offender must continue to be held in
825	custody pending a revocation hearing held in accordance with
826	this section.
827	Section 50. Subsection (1) of section 948.06, Florida
828	Statutes, is amended to read:
829	948.06 Violation of probation or community control;
830	revocation; modification; continuance; failure to pay
831	restitution or cost of supervision.--
832	(1) Whenever within the period of probation or community
833	control there are reasonable grounds to believe that a
834	probationer or offender in community control has violated his or
835	her probation or community control in a material respect, any
836	law enforcement officer who is aware of the probationary or
837	community control status of the probationer or offender in
838	community control or any parole or probation supervisor may
839	arrest or request any county or municipal law enforcement
840	officer to arrest such probationer or offender without warrant
841	wherever found and forthwith return him or her to the court
842	granting such probation or community control. Any committing
843	trial court judgemagistratemay issue a warrant, upon the facts
844	being made known to him or her by affidavit of one having
845	knowledge of such facts, for the arrest of the probationer or
846	offender, returnable forthwith before the court granting such
847	probation or community control. Any parole or probation
848	supervisor, any officer authorized to serve criminal process, or
849	any peace officer of this state is authorized to serve and
850	execute such warrant. Upon the filing of an affidavit alleging a
851	violation of probation or community control and following
852	issuance of a warrant under s. 901.02, the probationary period
853	is tolled until the court enters a ruling on the violation.
854	Notwithstanding the tolling of probation as provided in this
855	subsection, the court shall retain jurisdiction over the
856	offender for any violation of the conditions of probation or
857	community control that is alleged to have occurred during the
858	tolling period. The probation officer is permitted to continue
859	to supervise any offender who remains available to the officer
860	for supervision until the supervision expires pursuant to the
861	order of probation or community control or until the court
862	revokes or terminates the probation or community control,
863	whichever comes first. The court, upon the probationer or
864	offender being brought before it, shall advise him or her of
865	such charge of violation and, if such charge is admitted to be
866	true, may forthwith revoke, modify, or continue the probation or
867	community control or place the probationer into a community
868	control program. If probation or community control is revoked,
869	the court shall adjudge the probationer or offender guilty of
870	the offense charged and proven or admitted, unless he or she has
871	previously been adjudged guilty, and impose any sentence which
872	it might have originally imposed before placing the probationer
873	on probation or the offender into community control. If such
874	violation of probation or community control is not admitted by
875	the probationer or offender, the court may commit him or her or
876	release him or her with or without bail to await further
877	hearing, or it may dismiss the charge of probation or community
878	control violation. If such charge is not at that time admitted
879	by the probationer or offender and if it is not dismissed, the
880	court, as soon as may be practicable, shall give the probationer
881	or offender an opportunity to be fully heard on his or her
882	behalf in person or by counsel. After such hearing, the court
883	may revoke, modify, or continue the probation or community
884	control or place the probationer into community control. If such
885	probation or community control is revoked, the court shall
886	adjudge the probationer or offender guilty of the offense
887	charged and proven or admitted, unless he or she has previously
888	been adjudged guilty, and impose any sentence which it might
889	have originally imposed before placing the probationer or
890	offender on probation or into community control. Notwithstanding
891	s. 775.082, when a period of probation or community control has
892	been tolled, upon revocation or modification of the probation or
893	community control, the court may impose a sanction with a term
894	that when combined with the amount of supervision served and
895	tolled, exceeds the term permissible pursuant to s. 775.082 for
896	a term up to the amount of the tolled period supervision. If the
897	court dismisses an affidavit alleging a violation of probation
898	or community control, the offender's probation or community
899	control shall continue as previously imposed, and the offender
900	shall receive credit for all tolled time against his or her term
901	of probation or community control.
902	Section 51. Paragraph (b) of subsection (4) of section
903	985.05, Florida Statutes, is amended to read:
904	985.05 Court records.--
905	(4) A court record of proceedings under this part is not
906	admissible in evidence in any other civil or criminal
907	proceeding, except that:
908	(b) Orders binding an adult over for trial on a criminal
909	charge, made by the committing trial court judge as a committing
910	magistrate, are admissible in evidence in the court to which the
911	adult is bound over.
912	Section 52. Section 56.071, Florida Statutes, is amended
913	to read:
914	56.071 Executions on equities of redemption; discovery of
915	value.--On motion made by the party causing a levy to be made on
916	an equity of redemption,the court from which the execution
917	issued shall order the mortgagor, mortgagee,and all other
918	persons interested in the mortgaged property levied on to appear
919	and be examined about the amount remaining due on the mortgage,
920	the amount that has been paid, the party to whom that amount has
921	been paid, and the date when that amount was paidto whom and
922	when paidso that the value of the equity of redemption may be
923	ascertained before the propertyitis sold. The court may
924	appoint a general or special magistratemasterto conduct the
925	examination. This section shall also apply to the interest of
926	and personal property in possession of a vendee under a retained
927	title contract or conditional sales contract.
928	Section 53. Subsections (2), (7), and (10) of section
929	56.29, Florida Statutes, are amended to read:
930	56.29 Proceedings supplementary.--
931	(2) On such plaintiff's motion the court shall require the
932	defendant in execution to appear before it or a general or
933	special magistratemasterat a time and place specified by the
934	order in the county of the defendant's residence to be examined
935	concerning his or her property.
936	(7) At any time the court may refer the proceeding to a
937	general or special magistratemasterwho may be directed to
938	report findings of law or fact, or both. The general or special
939	magistratemasterhas all the powers thereof, including the
940	power to issue subpoena, and shall be paid the fees provided by
941	law.
942	(10) Any person failing to obey any order issued under
943	this section by a judge or general or special magistratemaster
944	or failingto attend in response to a subpoena served on him or
945	her may be held in contempt.
946	Section 54. Subsection (4) of section 61.1826, Florida
947	Statutes, is amended to read:
948	61.1826 Procurement of services for State Disbursement
949	Unit and the non-Title IV-D component of the State Case
950	Registry; contracts and cooperative agreements; penalties;
951	withholding payment.--
952	(4) COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The
953	contract between the Florida Association of Court Clerks and the
954	department, and cooperative agreements entered into by the
955	depositories and the department, must contain, but are not
956	limited to, the following terms:
957	(a) The initial term of the contract and cooperative
958	agreements is for 5 years. The subsequent term of the contract
959	and cooperative agreements is for 3 years, with the option of
960	two 1-year renewal periods, at the sole discretion of the
961	department.
962	(b) The duties and responsibilities of the Florida
963	Association of Court Clerks, the depositories, and the
964	department.
965	(c) Under s. 287.058(1)(a), all providers and
966	subcontractors shall submit to the department directly, or
967	through the Florida Association of Court Clerks, a report of
968	monthly expenditures in a format prescribed by the department
969	and in sufficient detail for a proper preaudit and postaudit
970	thereof.
971	(d) All providers and subcontractors shall submit to the
972	department directly, or through the Florida Association of Court
973	Clerks, management reports in a format prescribed by the
974	department.
975	(e) All subcontractors shall comply with chapter 280, as
976	may be required.
977	(f) Federal financial participation for eligible Title IV-
978	D expenditures incurred by the Florida Association of Court
979	Clerks and the depositories shall be at the maximum level
980	permitted by federal law for expenditures incurred for the
981	provision of services in support of child support enforcement in
982	accordance with 45 C.F.R. part 74 and Federal Office of
983	Management and Budget Circulars A-87 and A-122 and based on an
984	annual cost allocation study of each depository. The
985	depositories shall submit directly, or through the Florida
986	Association of Court Clerks, claims for Title IV-D expenditures
987	monthly to the department in a standardized format as prescribed
988	by the department. The Florida Association of Court Clerks shall
989	contract with a certified public accounting firm, selected by
990	the Florida Association of Court Clerks and the department, to
991	audit and certify quarterly to the department all claims for
992	expenditures submitted by the depositories for Title IV-D
993	reimbursement.
994	(g) Upon termination of the contracts between the
995	department and the Florida Association of Court Clerks or the
996	depositories, the Florida Association of Court Clerks, its
997	agents, and the depositories shall assist the department in
998	making an orderly transition to a private vendor.
999	(h) Interest on late payment by the department shall be in
1000	accordance with s. 215.422.
1001
1002	If either the department or the Florida Association of Court
1003	Clerks objects to a term of the standard cooperative agreement
1004	or contract specified in subsections (2) and (3), the disputed
1005	term or terms shall be presented jointly by the parties to the
1006	Attorney General or the Attorney General's designee, who shall
1007	act as special magistratemaster. The special magistratemaster
1008	shall resolve the dispute in writing within 10 days. The
1009	resolution of a dispute by the special magistratemasteris
1010	binding on the department and the Florida Association of Court
1011	Clerks.
1012	Section 55. Section 64.061, Florida Statutes, is amended
1013	to read:
1014	64.061 Partition of property; commissioners; special
1015	magistratemaster.--
1016	(1) APPOINTMENT AND REMOVAL.--When a judgment of partition
1017	is made, the court shall appoint three suitable persons as
1018	commissioners to make the partition. They shall be selected by
1019	the court unless agreed on by the parties. They may be removed
1020	by the court for good cause and others appointed in their
1021	places.
1022	(2) POWERS, DUTIES, COMPENSATION AND REPORT OF
1023	COMMISSIONERS.--The commissioners shall be sworn to execute the
1024	trust imposed in them faithfully and impartially before entering
1025	on their duties; have power to employ a surveyor, if necessary,
1026	for the purpose of making partition; be allowed such sum as is
1027	reasonable for their services; to make partition of the lands in
1028	question according to the court's order and report it in writing
1029	to the court without delay.
1030	(3) EXCEPTIONS TO REPORT AND FINAL JUDGMENT.--Any party
1031	may file objections to the report of the commissioners within 10
1032	days after it is served. If no objections are filed or if the
1033	court is satisfied on hearing any such objections that they are
1034	not well-founded, the report shall be confirmed, and a final
1035	judgment entered vesting in the parties the title to the parcels
1036	of the lands allotted to them respectively, and giving each of
1037	them the possession of and quieting title to their respective
1038	shares as against the other parties to the action or those
1039	claiming through or under them.
1040	(4) APPOINTMENT OF SPECIAL MAGISTRATEMASTERWHERE
1041	PROPERTY NOT SUBJECT TO PARTITION.--On an uncontested allegation
1042	in a pleading that the property sought to be partitioned is
1043	indivisible and is not subject to partition without prejudice to
1044	the owners of it or if a judgment of partition is entered and
1045	the court is satisfied that the allegation is correct, on motion
1046	of any party and notice to the others the court may appoint a
1047	special magistratemasteror the clerk to make sale of the
1048	property either at private sale or as provided by s. 64.071.
1049	Section 56. Subsection (5) of section 65.061, Florida
1050	Statutes, is amended to read:
1051	65.061 Quieting title; additional remedy.--
1052	(5) RECORDING FINAL JUDGMENTS.--All final judgments may be
1053	recorded in the county or counties in which the land is situated
1054	and operate to vest title in like manner as though a conveyance
1055	were executed by a special magistratemasteror commissioner.
1056	Section 57. Section 69.051, Florida Statutes, is amended
1057	to read:
1058	69.051 General and special magistratesMasters in
1059	chancery; compensation.--General and special magistrates
1060	appointed by the courtMasters in chanceryshall be allowed such
1061	compensation for any services as the court deems reasonable,
1062	including time consumed in legal research required in preparing
1063	and summarizing their findings of fact and law.
1064	Section 58. Section 70.51, Florida Statutes, is amended to
1065	read:
1066	70.51 Land use and environmental dispute resolution.--
1067	(1) This section may be cited as the "Florida Land Use and
1068	Environmental Dispute Resolution Act."
1069	(2) As used in this section, the term:
1070	(a) "Development order" means any order, or notice of
1071	proposed state or regional governmental agency action, which is
1072	or will have the effect of granting, denying, or granting with
1073	conditions an application for a development permit, and includes
1074	the rezoning of a specific parcel. Actions by the state or a
1075	local government on comprehensive plan amendments are not
1076	development orders.
1077	(b) "Development permit" means any building permit, zoning
1078	permit, subdivision approval, certification, special exception,
1079	variance, or any other similar action of local government, as
1080	well as any permit authorized to be issued under state law by
1081	state, regional, or local government which has the effect of
1082	authorizing the development of real property including, but not
1083	limited to, programs implementing chapters 125, 161, 163, 166,
1084	187, 258, 372, 373, 378, 380, and 403.
1085	(c) "Special magistratemaster" means a person selected by
1086	the parties to perform the duties prescribed in this section.
1087	The special magistratemastermust be a resident of the state
1088	and possess experience and expertise in mediation and at least
1089	one of the following disciplines and a working familiarity with
1090	the others: land use and environmental permitting, land
1091	planning, land economics, local and state government
1092	organization and powers, and the law governing the same.
1093	(d) "Owner" means a person with a legal or equitable
1094	interest in real property who filed an application for a
1095	development permit for the property at the state, regional, or
1096	local level and who received a development order, or who holds
1097	legal title to real property that is subject to an enforcement
1098	action of a governmental entity.
1099	(e) "Proposed use of the property" means the proposal
1100	filed by the owner to develop his or her real property.
1101	(f) "Governmental entity" includes an agency of the state,
1102	a regional or a local government created by the State
1103	Constitution or by general or special act, any county or
1104	municipality, or any other entity that independently exercises
1105	governmental authority. The term does not include the United
1106	States or any of its agencies.
1107	(g) "Land" or "real property" means land and includes any
1108	appurtenances and improvements to the land, including any other
1109	relevant real property in which the owner had a relevant
1110	interest.
1111	(3) Any owner who believes that a development order,
1112	either separately or in conjunction with other development
1113	orders, or an enforcement action of a governmental entity, is
1114	unreasonable or unfairly burdens the use of the owner's real
1115	property, may apply within 30 days after receipt of the order or
1116	notice of the governmental action for relief under this section.
1117	(4) To initiate a proceeding under this section, an owner
1118	must file a request for relief with the elected or appointed
1119	head of the governmental entity that issued the development
1120	order or orders, or that initiated the enforcement action. The
1121	head of the governmental entity may not charge the owner for the
1122	request for relief and must forward the request for relief to
1123	the special magistratemasterwho is mutually agreed upon by the
1124	owner and the governmental entity within 10 days after receipt
1125	of the request.
1126	(5) The governmental entity with whom a request has been
1127	filed shall also serve a copy of the request for relief by
1128	United States mail or by hand delivery to:
1129	(a) Owners of real property contiguous to the owner's
1130	property at the address on the latest county tax roll.
1131	(b) Any substantially affected party who submitted oral or
1132	written testimony, sworn or unsworn, of a substantive nature
1133	which stated with particularity objections to or support for any
1134	development order at issue or enforcement action at issue.
1135	Notice under this paragraph is required only if that party
1136	indicated a desire to receive notice of any subsequent special
1137	magistratemasterproceedings occurring on the development order
1138	or enforcement action. Each governmental entity must maintain in
1139	its files relating to particular development orders a mailing
1140	list of persons who have presented oral or written testimony and
1141	who have requested notice.
1142	(6) The request for relief must contain:
1143	(a) A brief statement of the owner's proposed use of the
1144	property.
1145	(b) A summary of the development order or description of
1146	the enforcement action. A copy of the development order or the
1147	documentation of an enforcement action at issue must be attached
1148	to the request.
1149	(c) A brief statement of the impact of the development
1150	order or enforcement action on the ability of the owner to
1151	achieve the proposed use of the property.
1152	(d) A certificate of service showing the parties,
1153	including the governmental entity, served.
1154	(7) The special magistratemastermay require other
1155	information in the interest of gaining a complete understanding
1156	of the request for relief.
1157	(8) The special magistratemastermay conduct a hearing on
1158	whether the request for relief should be dismissed for failing
1159	to include the information required in subsection (6). If the
1160	special magistratemaster dismisses the case, the special
1161	magistratemastershall allow the owner to amend the request and
1162	refile. Failure to file an adequate amended request within the
1163	time specified shall result in a dismissal with prejudice as to
1164	this proceeding.
1165	(9) By requesting relief under this section, the owner
1166	consents to grant the special magistratemasterand the parties
1167	reasonable access to the real property with advance notice at a
1168	time and in a manner acceptable to the owner of the real
1169	property.
1170	(10)(a) Before initiating a special magistratemaster
1171	proceeding to review a local development order or local
1172	enforcement action, the owner must exhaust all nonjudicial local
1173	government administrative appeals if the appeals take no longer
1174	than 4 months. Once nonjudicial local administrative appeals are
1175	exhausted and the development order or enforcement action is
1176	final, or within 4 months after issuance of the development
1177	order or notice of the enforcement action if the owner has
1178	pursued local administrative appeals even if the appeals have
1179	not been concluded, the owner may initiate a proceeding under
1180	this section. Initiation of a proceeding tolls the time for
1181	seeking judicial review of a local government development order
1182	or enforcement action until the special magistrate'smaster's
1183	recommendation is acted upon by the local government. Election
1184	by the owner to file for judicial review of a local government
1185	development order or enforcement action prior to initiating a
1186	proceeding under this section waives any right to a special
1187	magistratemasterproceeding.
1188	(b) If an owner requests special master relief under this
1189	sectionfrom a development order or enforcement action issued by
1190	a state or regional agency, the time for challenging agency
1191	action under ss. 120.569 and 120.57 is tolled. If an owner
1192	chooses to bring a proceeding under ss. 120.569 and 120.57
1193	before initiating a special master proceeding under this
1194	section, then the owner waives any right to a special magistrate
1195	masterproceeding unless all parties consent to proceeding to
1196	mediation.
1197	(11) The initial party to the proceeding is the
1198	governmental entity that issues the development order to the
1199	owner or that is taking the enforcement action. In those
1200	instances when the development order or enforcement action is
1201	the culmination of a process involving more than one
1202	governmental entity or when a complete resolution of all
1203	relevant issues would require the active participation of more
1204	than one governmental entity, the special magistratemastermay,
1205	upon application of a party, join those governmental entities as
1206	parties to the proceeding if it will assist in effecting the
1207	purposes of this section, and those governmental entities so
1208	joined shall actively participate in the procedure.
1209	(12) Within 21 days after receipt of the request for
1210	relief, any owner of land contiguous to the owner's property and
1211	any substantially affected person who submitted oral or written
1212	testimony, sworn or unsworn, of a substantive nature which
1213	stated with particularity objections to or support for the
1214	development order or enforcement action at issue may request to
1215	participate in the proceeding. Those persons may be permitted to
1216	participate in the hearing but shall not be granted party or
1217	intervenor status. The participation of such persons is limited
1218	to addressing issues raised regarding alternatives, variances,
1219	and other types of adjustment to the development order or
1220	enforcement action which may impact their substantial interests,
1221	including denial of the development order or application of an
1222	enforcement action.
1223	(13) Each party must make efforts to assure that those
1224	persons qualified by training or experience necessary to address
1225	issues raised by the request or by the special magistratemaster
1226	and further qualified to address alternatives, variances, and
1227	other types of modifications to the development order or
1228	enforcement action are present at the hearing.
1229	(14) The special magistratemastermay subpoena any
1230	nonparty witnesses in the state whom the special magistrate
1231	masterbelieves will aid in the disposition of the matter.
1232	(15)(a) The special magistratemastershall hold a hearing
1233	within 45 days after his or her receipt of the request for
1234	relief unless a different date is agreed to by all the parties.
1235	The hearing must be held in the county in which the property is
1236	located.
1237	(b) The special magistratemastermust provide notice of
1238	the place, date, and time of the hearing to all parties and any
1239	other persons who have requested such notice at least 40 days
1240	prior to the hearing.
1241	(16)(a) Fifteen days following the filing of a request for
1242	relief, the governmental entity that issued the development
1243	order or that is taking the enforcement action shall file a
1244	response to the request for relief with the special magistrate
1245	mastertogether with a copy to the owner. The response must set
1246	forth in reasonable detail the position of the governmental
1247	entity regarding the matters alleged by the owner. The response
1248	must include a brief statement explaining the public purpose of
1249	the regulations on which the development order or enforcement
1250	action is based.
1251	(b) Any governmental entity that is added by the special
1252	magistratemasteras a party must file a response to the request
1253	for relief prior to the hearing but not later than 15 days
1254	following its admission.
1255	(c) Any party may incorporate in the response to the
1256	request for relief a request to be dropped from the proceeding.
1257	The request to be dropped must set forth facts and circumstances
1258	relevant to aid the special magistratemasterin ruling on the
1259	request. All requests to be dropped must be disposed of prior to
1260	conducting any hearings on the merits of the request for relief.
1261	(17) In all respects, the hearing must be informal and
1262	open to the public and does not require the use of an attorney.
1263	The hearing must operate at the direction and under the
1264	supervision of the special magistratemaster. The object of the
1265	hearing is to focus attention on the impact of the governmental
1266	action giving rise to the request for relief and to explore
1267	alternatives to the development order or enforcement action and
1268	other regulatory efforts by the governmental entities in order
1269	to recommend relief, when appropriate, to the owner.
1270	(a) The first responsibility of the special magistrate
1271	masteris to facilitate a resolution of the conflict between the
1272	owner and governmental entities to the end that some
1273	modification of the owner's proposed use of the property or
1274	adjustment in the development order or enforcement action or
1275	regulatory efforts by one or more of the governmental parties
1276	may be reached. Accordingly, the special magistratemastershall
1277	act as a facilitator or mediator between the parties in an
1278	effort to effect a mutually acceptable solution. The parties
1279	shall be represented at the mediation by persons with authority
1280	to bind their respective parties to a solution, or by persons
1281	with authority to recommend a solution directly to the persons
1282	with authority to bind their respective parties to a solution.
1283	(b) If an acceptable solution is not reached by the
1284	parties after the special magistrate'smaster'sattempt at
1285	mediation, the special magistratemastershall consider the
1286	facts and circumstances set forth in the request for relief and
1287	any responses and any other information produced at the hearing
1288	in order to determine whether the action by the governmental
1289	entity or entities is unreasonable or unfairly burdens the real
1290	property.
1291	(c) In conducting the hearing, the special magistrate
1292	mastermay hear from all parties and witnesses that are
1293	necessary to an understanding of the matter. The special
1294	magistratemastershall weigh all information offered at the
1295	hearing.
1296	(18) The circumstances to be examined in determining
1297	whether the development order or enforcement action, or the
1298	development order or enforcement action in conjunction with
1299	regulatory efforts of other governmental parties, is
1300	unreasonable or unfairly burdens use of the property may
1301	include, but are not limited to:
1302	(a) The history of the real property, including when it
1303	was purchased, how much was purchased, where it is located, the
1304	nature of the title, the composition of the property, and how it
1305	was initially used.
1306	(b) The history or development and use of the real
1307	property, including what was developed on the property and by
1308	whom, if it was subdivided and how and to whom it was sold,
1309	whether plats were filed or recorded, and whether infrastructure
1310	and other public services or improvements may have been
1311	dedicated to the public.
1312	(c) The history of environmental protection and land use
1313	controls and other regulations, including how and when the land
1314	was classified, how use was proscribed, and what changes in
1315	classifications occurred.
1316	(d) The present nature and extent of the real property,
1317	including its natural and altered characteristics.
1318	(e) The reasonable expectations of the owner at the time
1319	of acquisition, or immediately prior to the implementation of
1320	the regulation at issue, whichever is later, under the
1321	regulations then in effect and under common law.
1322	(f) The public purpose sought to be achieved by the
1323	development order or enforcement action, including the nature
1324	and magnitude of the problem addressed by the underlying
1325	regulations on which the development order or enforcement action
1326	is based; whether the development order or enforcement action is
1327	necessary to the achievement of the public purpose; and whether
1328	there are alternative development orders or enforcement action
1329	conditions that would achieve the public purpose and allow for
1330	reduced restrictions on the use of the property.
1331	(g) Uses authorized for and restrictions placed on similar
1332	property.
1333	(h) Any other information determined relevant by the
1334	special magistratemaster.
1335	(19) Within 14 days after the conclusion of the hearing,
1336	the special magistratemastershall prepare and file with all
1337	parties a written recommendation.
1338	(a) If the special magistratemasterfinds that the
1339	development order at issue, or the development order or
1340	enforcement action in combination with the actions or
1341	regulations of other governmental entities, is not unreasonable
1342	or does not unfairly burden the use of the owner's property, the
1343	special magistratemastermust recommend that the development
1344	order or enforcement action remain undisturbed and the
1345	proceeding shall end, subject to the owner's retention of all
1346	other available remedies.
1347	(b) If the special magistratemasterfinds that the
1348	development order or enforcement action, or the development
1349	order or enforcement action in combination with the actions or
1350	regulations of other governmental entities, is unreasonable or
1351	unfairly burdens use of the owner's property, the special
1352	magistratemaster, with the owner's consent to proceed, may
1353	recommend one or more alternatives that protect the public
1354	interest served by the development order or enforcement action
1355	and regulations at issue but allow for reduced restraints on the
1356	use of the owner's real property, including, but not limited to:
1357	1. An adjustment of land development or permit standards
1358	or other provisions controlling the development or use of land.
1359	2. Increases or modifications in the density, intensity,
1360	or use of areas of development.
1361	3. The transfer of development rights.
1362	4. Land swaps or exchanges.
1363	5. Mitigation, including payments in lieu of onsite
1364	mitigation.
1365	6. Location on the least sensitive portion of the
1366	property.
1367	7. Conditioning the amount of development or use
1368	permitted.
1369	8. A requirement that issues be addressed on a more
1370	comprehensive basis than a single proposed use or development.
1371	9. Issuance of the development order, a variance, special
1372	exception, or other extraordinary relief, including withdrawal
1373	of the enforcement action.
1374	10. Purchase of the real property, or an interest therein,
1375	by an appropriate governmental entity.
1376	(c) This subsection does not prohibit the owner and
1377	governmental entity from entering in to an agreement as to the
1378	permissible use of the property prior to the special magistrate
1379	masterentering a recommendation. An agreement for a permissible
1380	use must be incorporated in the special magistrate'smaster's
1381	recommendation.
1382	(20) The special magistrate'smaster'srecommendation is a
1383	public record under chapter 119. However, actions or statements
1384	of all participants to the special magistratemasterproceeding
1385	are evidence of an offer to compromise and inadmissible in any
1386	proceeding, judicial or administrative.
1387	(21) Within 45 days after receipt of the special
1388	magistrate'smaster'srecommendation, the governmental entity
1389	responsible for the development order or enforcement action and
1390	other governmental entities participating in the proceeding must
1391	consult among themselves and each governmental entity must:
1392	(a) Accept the recommendation of the special magistrate
1393	masteras submitted and proceed to implement it by development
1394	agreement, when appropriate, or by other method, in the ordinary
1395	course and consistent with the rules and procedures of that
1396	governmental entity. However, the decision of the governmental
1397	entity to accept the recommendation of the special magistrate
1398	masterwith respect to granting a modification, variance, or
1399	special exception to the application of statutes, rules,
1400	regulations, or ordinances as they would otherwise apply to the
1401	subject property does not require an owner to duplicate previous
1402	processes in which the owner has participated in order to
1403	effectuate the granting of the modification, variance, or
1404	special exception;
1405	(b) Modify the recommendation as submitted by the special
1406	magistratemasterand proceed to implement it by development
1407	agreement, when appropriate, or by other method, in the ordinary
1408	course and consistent with the rules and procedures of that
1409	governmental entity; or
1410	(c) Reject the recommendation as submitted by the special
1411	magistratemaster. Failure to act within 45 days is a rejection
1412	unless the period is extended by agreement of the owner and
1413	issuer of the development order or enforcement action.
1414	(22) If a governmental entity accepts the special
1415	magistrate'smaster'srecommendation or modifies it and the
1416	owner rejects the acceptance or modification, or if a
1417	governmental entity rejects the special magistrate'smaster's
1418	recommendation, the governmental entity must issue a written
1419	decision within 30 days that describes as specifically as
1420	possible the use or uses available to the subject real property.
1421	(23) The procedure established by this section may not
1422	continue longer than 165 days, unless the period is extended by
1423	agreement of the parties. A decision describing available uses
1424	constitutes the last prerequisite to judicial action and the
1425	matter is ripe or final for subsequent judicial proceedings
1426	unless the owner initiates a proceeding under ss. 120.569 and
1427	120.57. If the owner brings a proceeding under ss. 120.569 and
1428	120.57, the matter is ripe when the proceeding culminates in a
1429	final order whether further appeal is available or not.
1430	(24) The procedure created by this section is not itself,
1431	nor does it create, a judicial cause of action. Once the
1432	governmental entity acts on the special magistrate'smaster's
1433	recommendation, the owner may elect to file suit in a court of
1434	competent jurisdiction. Invoking the procedures of this section
1435	is not a condition precedent to filing a civil action.
1436	(25) Regardless of the action the governmental entity
1437	takes on the special magistrate'smaster'srecommendation, a
1438	recommendation that the development order or enforcement action,
1439	or the development order or enforcement action in combination
1440	with other governmental regulatory actions, is unreasonable or
1441	unfairly burdens use of the owner's real property may serve as
1442	an indication of sufficient hardship to support modification,
1443	variances, or special exceptions to the application of statutes,
1444	rules, regulations, or ordinances to the subject property.
1445	(26) A special magistrate'smaster'srecommendation under
1446	this section constitutes data in support of, and a support
1447	document for, a comprehensive plan or comprehensive plan
1448	amendment, but is not, in and of itself, dispositive of a
1449	determination of compliance with chapter 163. Any comprehensive
1450	plan amendment necessary to carry out the approved
1451	recommendation of a special magistratemasterunder this section
1452	is exempt from the twice-a-year limit on plan amendments and may
1453	be adopted by the local government amendments in s.
1454	163.3184(16)(d).
1455	(27) The special magistratemastershall send a copy of
1456	the recommendation in each case to the Department of Legal
1457	Affairs. Each governmental entity, within 15 days after its
1458	action on the special magistrate'smaster'srecommendation,
1459	shall notify the Department of Legal Affairs in writing as to
1460	what action the governmental entity took on the special
1461	magistrate'smaster'srecommendation.
1462	(28) Each governmental entity may establish procedural
1463	guidelines to govern the conduct of proceedings authorized by
1464	this section, which must include, but are not limited to,
1465	payment of special magistratemasterfees and expenses,
1466	including the costs of providing notice and effecting service of
1467	the request for relief under this section, which shall be borne
1468	equally by the governmental entities and the owner.
1469	(29) This section shall be liberally construed to effect
1470	fully its obvious purposes and intent, and governmental entities
1471	shall direct all available resources and authorities to effect
1472	fully the obvious purposes and intent of this section in
1473	resolving disputes. Governmental entities are encouraged to
1474	expedite notice and time-related provisions to implement
1475	resolution of disputes under this section. The procedure
1476	established by this section may be used to resolve disputes in
1477	pending judicial proceedings, with the agreement of the parties
1478	to the judicial proceedings, and subject to the approval of the
1479	court in which the judicial proceedings are pending. The
1480	provisions of this section are cumulative, and do not supplant
1481	other methods agreed to by the parties and lawfully available
1482	for arbitration, mediation, or other forms of alternative
1483	dispute resolution.
1484	(30) This section applies only to development orders
1485	issued, modified, or amended, or to enforcement actions issued,
1486	on or after October 1, 1995.
1487	Section 59. Subsection (1) of section 92.142, Florida
1488	Statutes, is amended to read:
1489	92.142 Witnesses; pay.--
1490	(1) Witnesses in all cases, civil and criminal, in all
1491	courts, now or hereafter created, and witnesses summoned before
1492	any arbitrator or general or special magistrate appointed by the
1493	courtmaster in chanceryshall receive for each day's actual
1494	attendance $5 and also 6 cents per mile for actual distance
1495	traveled to and from the courts. A witness in a criminal case
1496	required to appear in a county other than the county of his or
1497	her residence and residing more than 50 miles from the location
1498	of the trial shall be entitled to per diem and travel expenses
1499	at the same rate provided for state employees under s. 112.061,
1500	in lieu of any other witness fee at the discretion of the court.
1501	Section 60. Section 112.41, Florida Statutes, is amended
1502	to read:
1503	112.41 Contents of order of suspension; Senate select
1504	committee; special magistrateexaminer.--
1505	(1) The order of the Governor, in suspending any officer
1506	pursuant to the provisions of s. 7, Art. IV of the State
1507	Constitution, shall specify facts sufficient to advise both the
1508	officer and the Senate as to the charges made or the basis of
1509	the suspension.
1510	(2) The Senate shall conduct a hearing in the manner
1511	prescribed by rules of the Senate adopted for this purpose.
1512	(3) The Senate may provide for a select committee to be
1513	appointed by the Senate in accordance with its rules for the
1514	purpose of hearing the evidence and making its recommendation to
1515	the Senate as to the removal or reinstatement of the suspended
1516	officer.
1517	(4) The Senate may, in lieu of the use of a select
1518	committee, appoint a special examiner or a special magistrate
1519	masterto receive the evidence and make recommendations to the
1520	Senate.
1521	Section 61. Section 112.43, Florida Statutes, is amended
1522	to read:
1523	112.43 Prosecution of suspension before Senate.--All
1524	suspensions heard by the Senate, a select committee, or special
1525	magistratemaster, or examinerin accordance with rules of the
1526	Senate shall be prosecuted by the Governor, the Governor's legal
1527	staff, or an attorney designated by the Governor. Should the
1528	Senate, or the select committee appointed by the Senate to hear
1529	the evidence and to make recommendations, desire private
1530	counsel, either the Senate or the select committee shall be
1531	entitled to employ its own counsel for this purpose. Nothing
1532	herein shall prevent the Senate or its select committee from
1533	making its own investigation and presenting such evidence as its
1534	investigation may reveal. The Governor may request the advice of
1535	the Department of Legal Affairs relative to the suspension order
1536	prior to its issuance by the Governor. Following the issuance of
1537	the suspension order, either the Senate or the select committee
1538	may request the Department of Legal Affairs to provide counsel
1539	for the Senate to advise on questions of law or otherwise advise
1540	with the Senate or the select committee, but the Department of
1541	Legal Affairs shall not be required to prosecute before the
1542	Senate or the committee and shall, pursuant to the terms of this
1543	section, act as the legal adviser only.
1544	Section 62. Section 112.47, Florida Statutes, is amended
1545	to read:
1546	112.47 Hearing before Senate select committee;
1547	notice.--The Senate shall afford each suspended official a
1548	hearing before a select committee or special magistrate, master,
1549	or examiner,and shall notify such suspended official of the
1550	time and place of the hearing sufficiently in advance thereof to
1551	afford such official an opportunity fully and adequately to
1552	prepare such defenses as the official may be advised are
1553	necessary and proper, and all such defenses may be presented by
1554	the official or by the official's attorney. In the furtherance
1555	of this provision the Senate shall adopt sufficient procedural
1556	rules to afford due process both to the Governor in the
1557	presentation of his or her evidence and to the suspended
1558	official, but in the absence of such adoption, this section
1559	shall afford a full and complete hearing, public in nature, as
1560	required by the State Constitution. However, nothing in this
1561	part shall prevent either the select committee or the Senate
1562	from conducting portions of the hearing in executive session if
1563	the Senate rules so provide.
1564	Section 63. Subsection (2) of section 162.03, Florida
1565	Statutes, is amended to read:
1566	162.03 Applicability.--
1567	(2) A charter county, a noncharter county, or a
1568	municipality may, by ordinance, adopt an alternate code
1569	enforcement system thatwhichgives code enforcement boards or
1570	special magistratesmastersdesignated by the local governing
1571	body, or both, the authority to hold hearings and assess fines
1572	against violators of the respective county or municipal codes
1573	and ordinances. A special magistratemastershall have the same
1574	status as an enforcement board under this chapter. References in
1575	this chapter to an enforcement board, except in s. 162.05, shall
1576	include a special magistratemasterif the context permits.
1577	Section 64. Subsection (5) of section 162.06, Florida
1578	Statutes, is amended to read:
1579	162.06 Enforcement procedure.--
1580	(5) If the owner of property thatwhichis subject to an
1581	enforcement proceeding before an enforcement board, special
1582	magistratemaster, or court transfers ownership of such property
1583	between the time the initial pleading was served and the time of
1584	the hearing, such owner shall:
1585	(a) Disclose, in writing, the existence and the nature of
1586	the proceeding to the prospective transferee.
1587	(b) Deliver to the prospective transferee a copy of the
1588	pleadings, notices, and other materials relating to the code
1589	enforcement proceeding received by the transferor.
1590	(c) Disclose, in writing, to the prospective transferee
1591	that the new owner will be responsible for compliance with the
1592	applicable code and with orders issued in the code enforcement
1593	proceeding.
1594	(d) File a notice with the code enforcement official of
1595	the transfer of the property, with the identity and address of
1596	the new owner and copies of the disclosures made to the new
1597	owner, within 5 days after the date of the transfer.
1598
1599	A failure to make the disclosures described in paragraphs (a),
1600	(b), and (c) before the transfer creates a rebuttable
1601	presumption of fraud. If the property is transferred before the
1602	hearing, the proceeding shall not be dismissed, but the new
1603	owner shall be provided a reasonable period of time to correct
1604	the violation before the hearing is held.
1605	Section 65. Paragraph (d) of subsection (2) of section
1606	162.09, Florida Statutes, is amended to read:
1607	162.09 Administrative fines; costs of repair; liens.--
1608	(2)
1609	(d) A county or a municipality having a population equal
1610	to or greater than 50,000 may adopt, by a vote of at least a
1611	majority plus one of the entire governing body of the county or
1612	municipality, an ordinance that gives code enforcement boards or
1613	special magistratesmasters, or both, authority to impose fines
1614	in excess of the limits set forth in paragraph (a). Such fines
1615	shall not exceed $1,000 per day per violation for a first
1616	violation, $5,000 per day per violation for a repeat violation,
1617	and up to $15,000 per violation if the code enforcement board or
1618	special magistratemasterfinds the violation to be irreparable
1619	or irreversible in nature. In addition to such fines, a code
1620	enforcement board or special magistratemastermay impose
1621	additional fines to cover all costs incurred by the local
1622	government in enforcing its codes and all costs of repairs
1623	pursuant to subsection (1). Any ordinance imposing such fines
1624	shall include criteria to be considered by the code enforcement
1625	board or special magistratemasterin determining the amount of
1626	the fines, including, but not limited to, those factors set
1627	forth in paragraph (b).
1628	Section 66. Section 173.09, Florida Statutes, is amended
1629	to read:
1630	173.09 Judgment for complainant; special magistrate's
1631	master'ssale; complainant may purchase and later sell.--
1632	(1) Any such decree shall direct the special magistrate
1633	masterthereby appointed to sell the several parcels of land
1634	separately to the highest and best bidder for cash (or, at the
1635	option of complainant, to the extent of special assessments
1636	included in such judgment, for bonds or interest coupons issued
1637	by complainant), at public outcry at the courthouse door of the
1638	county in which such suit is pending, or at such point or place
1639	in the complainant municipality as the court in such final
1640	decree may direct, after having advertised such sale (which
1641	advertisement may include all lands so ordered sold) once each
1642	week for 2 consecutive weeks in some newspaper published in the
1643	municipalitycity or town in which is the complainant arose or,
1644	if there isno such newspaper, in a newspaper published in the
1645	county in which the suit is pending, and if all the lands so
1646	advertised for sale be not sold on the day specified in such
1647	advertisement, such sale shall be continued from day to day
1648	until the sale of all such land is completed.
1649	(2) Such sales shall be subject to confirmation by the
1650	court, and thesaid special magistratemastershall, upon
1651	confirmation of the sale or sales, deliver to the purchaser or
1652	purchasers at said sale a deed of conveyance of the property so
1653	sold; provided, however, that in any case where any lands are
1654	offered for sale by the special magistratemasterand the sum of
1655	the tax, tax certificates and special assessments, interest,
1656	penalty, costs,and attorney's fee is not bid for the same, the
1657	complainant may bid the whole amount due and the special
1658	magistratemastershall thereupon convey such parcel or parcels
1659	of land to the complainant.
1660	(3) The property so bid in by complainant shall become its
1661	property in fee simple and may be disposed of by it in the
1662	manner provided by law, except that in the sale or disposition
1663	of any such lands the municipalitycity or townmay, in its
1664	discretion, accept in payment or part payment therefor any bonds
1665	or interest coupons constituting liabilities of the municipality
1666	said city or town.
1667	Section 67. Section 173.10, Florida Statutes, is amended
1668	to read:
1669	173.10 Judgment for complainant; court may order payment
1670	of other taxes or sale subject to taxes; special magistrate's
1671	master'sconveyances.--
1672	(1) In the judgment or decree the court may, in its
1673	discretion, direct the payment of all unpaid state and county
1674	taxes and also all unpaid municipalcity or towntaxes and
1675	special assessments or installments thereof, imposed or falling
1676	due since the institution of the suit, with the penalties and
1677	costs, out of the proceeds of such foreclosure sale, or it may
1678	order and direct such sale or sales to be made subject to such
1679	state,and county, and municipalcity or towntaxes and special
1680	assessments.
1681	(2) Any and all conveyances by the special magistrate
1682	mastershall vest in the purchaser the fee simple title to the
1683	property so sold, subject only to such liens for state and
1684	county taxes or taxing districts whose liens are of equal
1685	dignity, and liens for municipal taxes and special assessments,
1686	or installments thereof, as are not directed by the decree of
1687	sale to be paid out of the proceeds of said sale.
1688	Section 68. Section 173.11, Florida Statutes, is amended
1689	to read:
1690	173.11 Distribution of proceeds of sale.--The proceeds of
1691	any foreclosure sale authorized by this chapter shall be
1692	distributed by the special magistratemasterconducting the sale
1693	according to the final decree,and if any surplus remains after
1694	the payment of the full amount of the decree, costs and
1695	attorney's fees, and any subsequent tax liens thatwhichmay be
1696	directed by such decree to be paid from the proceeds of sale,
1697	such surplus shall be deposited with the clerk of the court and
1698	disbursed under order of the court.
1699	Section 69. Section 173.12, Florida Statutes, is amended
1700	to read:
1701	173.12 Lands may be redeemed prior to sale.--Any person
1702	interested in any lands included in the suit may redeem such
1703	lands at any time prior to the sale thereof by the special
1704	magistratemasterby paying into the registry of the court the
1705	amount due for delinquent taxes, interest and penalties thereon,
1706	and such proportionate part of the expense, attorney's fees,and
1707	costs of suit as may have been fixed by the court in its decree
1708	of sale, or by written stipulation of complainant, and thereupon
1709	such lands shall be dismissed from the cause.
1710	Section 70. Subsection (1) of section 194.013, Florida
1711	Statutes, is amended to read:
1712	194.013 Filing fees for petitions; disposition; waiver.--
1713	(1) If so required by resolution of the value adjustment
1714	board, a petition filed pursuant to s. 194.011 shall be
1715	accompanied by a filing fee to be paid to the clerk of the value
1716	adjustment board in an amount determined by the board not to
1717	exceed $15 for each separate parcel of property, real or
1718	personal, covered by the petition and subject to appeal.
1719	However, no such filing fee may be required with respect to an
1720	appeal from the disapproval of homestead exemption under s.
1721	196.151 or from the denial of tax deferral under s. 197.253.
1722	Only a single filing fee shall be charged under this section as
1723	to any particular parcel of property despite the existence of
1724	multiple issues and hearings pertaining to such parcel. For
1725	joint petitions filed pursuant to s. 194.011(3)(e) or (f), a
1726	single filing fee shall be charged. Such fee shall be calculated
1727	as the cost of the special magistratemasterfor the time
1728	involved in hearing the joint petition and shall not exceed $5
1729	per parcel. Said fee is to be proportionately paid by affected
1730	parcel owners.
1731	Section 71. Paragraph (d) of subsection (1) and
1732	subsections (2) and (6) of section 194.034, Florida Statutes,
1733	are amended to read:
1734	194.034 Hearing procedures; rules.--
1735	(1)
1736	(d) Notwithstanding the provisions of this subsection, no
1737	petitioner may present for consideration, nor may a board or
1738	special magistratemasteraccept for consideration, testimony or
1739	other evidentiary materials that were requested of the
1740	petitioner in writing by the property appraiser of which the
1741	petitioner had knowledge and denied to the property appraiser.
1742	(2) In each case, except when a complaint is withdrawn by
1743	the petitioner or is acknowledged as correct by the property
1744	appraiser, the value adjustment board shall render a written
1745	decision. All such decisions shall be issued within 20 calendar
1746	days afterofthe last day the board is in session under s.
1747	194.032. The decision of the board shall contain findings of
1748	fact and conclusions of law and shall include reasons for
1749	upholding or overturning the determination of the property
1750	appraiser. When a special magistratemasterhas been appointed,
1751	the recommendations of the special magistratemastershall be
1752	considered by the board. The clerk, upon issuance of the
1753	decisions, shall, on a form provided by the Department of
1754	Revenue, notify by first-class mail each taxpayer, the property
1755	appraiser, and the department of the decision of the board.
1756	(6) For purposes of hearing joint petitions filed pursuant
1757	to s. 194.011(3)(e), each included parcel shall be considered by
1758	the board as a separate petition. Such separate petitions shall
1759	be heard consecutively by the board. If a special magistrate
1760	masteris appointed, such separate petitions shall all be
1761	assigned to the same special magistratemaster.
1762	Section 72. Section 194.035, Florida Statutes, is amended
1763	to read:
1764	194.035 Special magistratesmasters; property
1765	evaluators.--
1766	(1) In counties having a population of more than 75,000,
1767	the board shall appoint special magistratesmastersfor the
1768	purpose of taking testimony and making recommendations to the
1769	board, which recommendations the board may act upon without
1770	further hearing. TheseSuch special magistratesmastersmay not
1771	be elected or appointed officials or employees of the county but
1772	shall be selected from a list of those qualified individuals who
1773	are willing to serve as special magistratesmasters. Employees
1774	and elected or appointed officials of a taxing jurisdiction or
1775	of the state may not serve as special magistratesmasters. The
1776	clerk of the board shall annually notify such individuals or
1777	their professional associations to make known to them that
1778	opportunities to serve as special magistratesmastersexist. The
1779	Department of Revenue shall provide a list of qualified special
1780	magistratesmastersto any county with a population of 75,000 or
1781	less. Subject to appropriation, the department shall reimburse
1782	counties with a population of 75,000 or less for payments made
1783	to special magistratesmastersappointed for the purpose of
1784	taking testimony and making recommendations to the value
1785	adjustment board pursuant to this section. The department shall
1786	establish a reasonable range for payments per case to special
1787	magistratesmastersbased on such payments in other counties.
1788	Requests for reimbursement of payments outside this range shall
1789	be justified by the county. If the total of all requests for
1790	reimbursement in any year exceeds the amount available pursuant
1791	to this section, payments to all counties shall be prorated
1792	accordingly. A special magistratemasterappointed to hear
1793	issues of exemptions and classifications shall be a member of
1794	The Florida Bar with no less than 5 years' experience in the
1795	area of ad valorem taxation. A special magistratemaster
1796	appointed to hear issues regarding the valuation of real estate
1797	shall be a state certified real estate appraiser with not less
1798	than 5 years' experience in real property valuation. A special
1799	magistratemasterappointed to hear issues regarding the
1800	valuation of tangible personal property shall be a designated
1801	member of a nationally recognized appraiser's organization with
1802	not less than 5 years' experience in tangible personal property
1803	valuation. A special magistratemasterneed not be a resident of
1804	the county in which he or she serves. ANo special magistrate
1805	may notmaster shall be permitted torepresent a person before
1806	the board in any tax year during which he or she has served that
1807	board as a special magistratemaster. The board shall appoint
1808	special magistratessuch mastersfrom the list so compiled prior
1809	to convening of the board. The expense of hearings before
1810	special magistratesmasters and any compensation of special
1811	magistratesmastersshall be borne three-fifths by the board of
1812	county commissioners and two-fifths by the school board.
1813	(2) The value adjustment board of each county may employ
1814	qualified property appraisers or evaluators to appear before the
1815	value adjustment board at that meeting of the board which is
1816	held for the purpose of hearing complaints. Such property
1817	appraisers or evaluators shall present testimony as to the just
1818	value of any property the value of which is contested before the
1819	board and shall submit to examination by the board, the
1820	taxpayer, and the property appraiser.
1821	Section 73. Section 206.16, Florida Statutes, is amended
1822	to read:
1823	206.16 Officer selling property.--
1824	(1) No sheriff, receiver, assignee, general or special
1825	magistratemaster, or other officer shall sell the property or
1826	franchise of any person for failure to pay fuel taxes,
1827	penalties, or interest without first filing with the department
1828	a statement containing the following information:
1829	(a) The name of the plaintiff or party at whose instance
1830	or upon whose account the sale is made.;
1831	(b) The name of the person whose property or franchise is
1832	to be sold.;
1833	(c) The time and place of sale.; and
1834	(d) The nature of the property and the location of the
1835	same.
1836	(2) The department, after receiving notice as aforesaid,
1837	shall furnish to the sheriff, receiver, trustee, assignee,
1838	general or special magistratemaster, or other officer having
1839	charge of the sale a certified copy or copies of all fuel taxes,
1840	penalties, and interest on file in the office of the department
1841	as liens against such person, and, in the event there are no
1842	such liens, a certificate showing that fact, which certified
1843	copies or copy of certificate shall be publicly read by such
1844	officer at and immediately before the sale of the property or
1845	franchise of such person.
1846	Section 74. Section 207.016, Florida Statutes, is amended
1847	to read:
1848	207.016 Officer's sale of property or franchise.--
1849	(1) No sheriff, receiver, assignee, general or special
1850	magistratemaster, or other officer shall sell the property or
1851	franchise of any person for failure to pay taxes, penalties, or
1852	interest without first filing with the department a statement
1853	containing the following information:
1854	(a) The name of the plaintiff or party at whose instance
1855	or upon whose account the sale is made.
1856	(b) The name of the person whose property or franchise is
1857	to be sold.
1858	(c) The time and place of sale.
1859	(d) The nature of the property and the location of the
1860	same.
1861	(2) The department, after receiving notice as provided in
1862	subsection (1), shall furnish to the sheriff, receiver, trustee,
1863	assignee, general or special magistratemaster, or other officer
1864	having charge of the sale a certified copy or copies of all
1865	taxes, penalties, and interest on file in the office of the
1866	department as liens against such person and, in the event there
1867	are no such liens, a certificate showing that fact, which
1868	certified copy or copies of certificate shall be publicly read
1869	by such officer at and immediately before the sale of the
1870	property or franchise of such person.
1871	Section 75. Section 320.411, Florida Statutes, is amended
1872	to read:
1873	320.411 Officer's sale of property or franchise.--
1874	(1) No sheriff, receiver, assignee, general or special
1875	magistratemaster, or other officer shall sell the property or
1876	franchise of any motor carrier for failure to pay taxes,
1877	penalties, or interest without first filing with the department
1878	a statement containing the following information:
1879	(a) The name of the plaintiff or party at whose instance
1880	or upon whose account the sale is made.
1881	(b) The name of the motor carrier whose property or
1882	franchise is to be sold.
1883	(c) The time and place of sale.
1884	(d) The nature of the property and the location of the
1885	same.
1886	(2) The department, after receiving notice as provided in
1887	subsection (1), shall furnish to the sheriff, receiver, trustee,
1888	assignee, general or special magistratemaster, or other officer
1889	having charge of the sale a certified copy of all taxes,
1890	penalties, and interest on file in the office of the department
1891	as liens against such motor carrier and, in the event there are
1892	no such liens, a certificate showing that fact, which certified
1893	copy or copies of certificate shall be publicly read by such
1894	officer at and immediately before the sale of the property or
1895	franchise of such motor carrier.
1896	Section 76. Subsection (7) of section 393.11, Florida
1897	Statutes, is amended to read:
1898	393.11 Involuntary admission to residential services.--
1899	(7) HEARING.--
1900	(a) The hearing for involuntary admission shall be
1901	conducted, and the order shall be entered, in the county in
1902	which the person is residing or be as convenient to the person
1903	as may be consistent with orderly procedure. The hearing shall
1904	be conducted in a physical setting not likely to be injurious to
1905	the person's condition.
1906	(b) A hearing on the petition shall be held as soon as
1907	practicable after the petition is filed, but reasonable delay
1908	for the purpose of investigation, discovery, or procuring
1909	counsel or witnesses shall be granted.
1910	(c) The court may appoint a general or special magistrate
1911	master to preside. Except as otherwise specified, the
1912	magistrate'smaster'sproceeding shall be governed by Rule
1913	1.490, Florida Rules of Civil Procedure.
1914	(d) The person with mental retardation shall be physically
1915	present throughout the entire proceeding. If the person's
1916	attorney believes that the person's presence at the hearing is
1917	not in the person's best interest, the person's presence may be
1918	waived once the court has seen the person and the hearing has
1919	commenced.
1920	(e) The person shall have the right to present evidence
1921	and to cross-examine all witnesses and other evidence alleging
1922	the appropriateness of the person's admission to residential
1923	care. Other relevant and material evidence regarding the
1924	appropriateness of the person's admission to residential
1925	services; the most appropriate, least restrictive residential
1926	placement; and the appropriate care, treatment, and habilitation
1927	of the person, including written or oral reports, may be
1928	introduced at the hearing by any interested person.
1929	(f) The petitioning commission may be represented by
1930	counsel at the hearing. The petitioning commission shall have
1931	the right to call witnesses, present evidence, cross-examine
1932	witnesses, and present argument on behalf of the petitioning
1933	commission.
1934	(g) All evidence shall be presented according to chapter
1935	90. The burden of proof shall be on the party alleging the
1936	appropriateness of the person's admission to residential
1937	services. The burden of proof shall be by clear and convincing
1938	evidence.
1939	(h) All stages of each proceeding shall be
1940	stenographically reported.
1941	Section 77. Subsections (6) and (7) of section 394.467,
1942	Florida Statutes, are amended to read:
1943	394.467 Involuntary placement.--
1944	(6) HEARING ON INVOLUNTARY PLACEMENT.--
1945	(a)1. The court shall hold the hearing on involuntary
1946	placement within 5 days, unless a continuance is granted. The
1947	hearing shall be held in the county where the patient is located
1948	and shall be as convenient to the patient as may be consistent
1949	with orderly procedure and shall be conducted in physical
1950	settings not likely to be injurious to the patient's condition.
1951	If the court finds that the patient's attendance at the hearing
1952	is not consistent with the best interests of the patient, and
1953	the patient's counsel does not object, the court may waive the
1954	presence of the patient from all or any portion of the hearing.
1955	The state attorney for the circuit in which the patient is
1956	located shall represent the state, rather than the petitioning
1957	facility administrator, as the real party in interest in the
1958	proceeding.
1959	2. The court may appoint a general or special magistrate
1960	masterto preside at the hearing. One of the professionals who
1961	executed the involuntary placement certificate shall be a
1962	witness. The patient and the patient's guardian or
1963	representative shall be informed by the court of the right to an
1964	independent expert examination. If the patient cannot afford
1965	such an examination, the court shall provide for one. The
1966	independent expert's report shall be confidential and not
1967	discoverable, unless the expert is to be called as a witness for
1968	the patient at the hearing. The testimony in the hearing must be
1969	given under oath, and the proceedings must be recorded. The
1970	patient may refuse to testify at the hearing.
1971	(b) If the court concludes that the patient meets the
1972	criteria for involuntary placement, it shall order that the
1973	patient be transferred to a treatment facility or, if the
1974	patient is at a treatment facility, that the patient be retained
1975	there or be treated at any other appropriate receiving or
1976	treatment facility, or that the patient receive services from a
1977	receiving or treatment facility, on an involuntary basis, for a
1978	period of up to 6 months. The order shall specify the nature and
1979	extent of the patient's mental illness. The facility shall
1980	discharge a patient any time the patient no longer meets the
1981	criteria for involuntary placement, unless the patient has
1982	transferred to voluntary status.
1983	(c) If at any time prior to the conclusion of the hearing
1984	on involuntary placement it appears to the court that the person
1985	does not meet the criteria for involuntary placement under this
1986	chapter, but instead meets the criteria for involuntary
1987	assessment, protective custody, or involuntary admission
1988	pursuant to s. 397.675, then the court may order the person to
1989	be admitted for involuntary assessment for a period of 5 days
1990	pursuant to s. 397.6811. Thereafter, all proceedings shall be
1991	governed by chapter 397.
1992	(d) At the hearing on involuntary placement, the court
1993	shall consider testimony and evidence regarding the patient's
1994	competence to consent to treatment. If the court finds that the
1995	patient is incompetent to consent to treatment, it shall appoint
1996	a guardian advocate as provided in s. 394.4598.
1997	(e) The administrator of the receiving facility shall
1998	provide a copy of the court order and adequate documentation of
1999	a patient's mental illness to the administrator of a treatment
2000	facility whenever a patient is ordered for involuntary
2001	placement, whether by civil or criminal court. Such
2002	documentation shall include any advance directives made by the
2003	patient, a psychiatric evaluation of the patient, and any
2004	evaluations of the patient performed by a clinical psychologist
2005	or a clinical social worker. The administrator of a treatment
2006	facility may refuse admission to any patient directed to its
2007	facilities on an involuntary basis, whether by civil or criminal
2008	court order, who is not accompanied at the same time by adequate
2009	orders and documentation.
2010	(7) PROCEDURE FOR CONTINUED INVOLUNTARY PLACEMENT.--
2011	(a) Hearings on petitions for continued involuntary
2012	placement shall be administrative hearings and shall be
2013	conducted in accordance with the provisions of s. 120.57(1),
2014	except that any order entered by the administrative law judge
2015	hearing officershall be final and subject to judicial review in
2016	accordance with s. 120.68. Orders concerning patients committed
2017	after successfully pleading not guilty by reason of insanity
2018	shall be governed by the provisions of s. 916.15.
2019	(b) If the patient continues to meet the criteria for
2020	involuntary placement, the administrator shall, prior to the
2021	expiration of the period during which the treatment facility is
2022	authorized to retain the patient, file a petition requesting
2023	authorization for continued involuntary placement. The request
2024	shall be accompanied by a statement from the patient's physician
2025	or clinical psychologist justifying the request, a brief
2026	description of the patient's treatment during the time he or she
2027	was involuntarily placed, and an individualized plan of
2028	continued treatment. Notice of the hearing shall be provided as
2029	set forth in s. 394.4599. If at the hearing the administrative
2030	law judgehearing officerfinds that attendance at the hearing
2031	is not consistent with the best interests of the patient, the
2032	administrative law judgehearing officermay waive the presence
2033	of the patient from all or any portion of the hearing, unless
2034	the patient, through counsel, objects to the waiver of presence.
2035	The testimony in the hearing must be under oath, and the
2036	proceedings must be recorded.
2037	(c) Unless the patient is otherwise represented or is
2038	ineligible, he or she shall be represented at the hearing on the
2039	petition for continued involuntary placement by the public
2040	defender of the circuit in which the facility is located.
2041	(d) If at a hearing it is shown that the patient continues
2042	to meet the criteria for involuntary placement, the
2043	administrative law judge shall sign the order for continued
2044	involuntary placement for a period not to exceed 6 months. The
2045	same procedure shall be repeated prior to the expiration of each
2046	additional period the patient is retained.
2047	(e) If continued involuntary placement is necessary for a
2048	patient admitted while serving a criminal sentence, but whose
2049	sentence is about to expire, or for a patient involuntarily
2050	placed while a minor but who is about to reach the age of 18,
2051	the administrator shall petition the administrative law judge
2052	for an order authorizing continued involuntary placement.
2053	(f) If the patient has been previously found incompetent
2054	to consent to treatment, the administrative law judgehearing
2055	officershall consider testimony and evidence regarding the
2056	patient's competence. If the administrative law judgehearing
2057	officerfinds evidence that the patient is now competent to
2058	consent to treatment, the administrative law judgehearing
2059	officermay issue a recommended order to the court that found
2060	the patient incompetent to consent to treatment that the
2061	patient's competence be restored and that any guardian advocate
2062	previously appointed be discharged.
2063	Section 78. Subsection (7) of section 397.311, Florida
2064	Statutes, is amended to read:
2065	397.311 Definitions.--As used in this chapter, except part
2066	VIII:
2067	(7) "Court" means, with respect to all involuntary
2068	proceedings under this chapter, the circuit court of the county
2069	in which the judicial proceeding is pending or where the
2070	substance abuse impaired person resides or is located, and
2071	includes any general or special magistratemasterthat may be
2072	appointed by the chief judge to preside over all or part of such
2073	proceeding. Otherwise, "court" refers to the court of legal
2074	jurisdiction in the context in which the term is used in this
2075	chapter.
2076	Section 79. Subsection (1) of section 397.681, Florida
2077	Statutes, is amended to read:
2078	397.681 Involuntary petitions; general provisions; court
2079	jurisdiction and right to counsel.--
2080	(1) JURISDICTION.--The courts have jurisdiction of
2081	involuntary assessment and stabilization petitions and
2082	involuntary treatment petitions for substance abuse impaired
2083	persons, and such petitions must be filed with the clerk of the
2084	court in the county where the person is located. The chief judge
2085	may appoint a general or special magistratemasterto preside
2086	over all or part of the proceedings. The alleged impaired person
2087	is named as the respondent.
2088	Section 80. Subsection (5) of section 447.207, Florida
2089	Statutes, is amended to read:
2090	447.207 Commission; powers and duties.--
2091	(5) The commission shall adopt rules as to the
2092	qualifications of persons who may serve as mediators and special
2093	magistratesmastersand shall maintain lists of such qualified
2094	persons who are not employees of the commission. The commission
2095	may initiate dispute resolution procedures by special
2096	magistratesmasters, pursuant to the provisions of this part.
2097	Section 81. Subsections (2), (3), and (4) of section
2098	447.403, Florida Statutes, are amended to read:
2099	447.403 Resolution of impasses.--
2100	(2)(a) If no mediator is appointed, or upon the request of
2101	either party, the commission shall appoint, and submit all
2102	unresolved issues to, a special magistratemasteracceptable to
2103	both parties. If the parties are unable to agree on the
2104	appointment of a special magistratemaster, the commission shall
2105	appoint, in its discretion, a qualified special magistrate
2106	master. However, if the parties agree in writing to waive the
2107	appointment of a special magistratemaster, the parties may
2108	proceed directly to resolution of the impasse by the legislative
2109	body pursuant to paragraph (4)(d). Nothing in this section
2110	precludes the parties from using the services of a mediator at
2111	any time during the conduct of collective bargaining.
2112	(b) If the Governor is the public employer, no special
2113	magistratemastershall be appointed. The parties may proceed
2114	directly to the Legislature for resolution of the impasse
2115	pursuant to paragraph (4)(d).
2116	(3) The special magistratemastershall hold hearings in
2117	order to define the area or areas of dispute, to determine facts
2118	relating to the dispute, and to render a decision on any and all
2119	unresolved contract issues. The hearings shall be held at times,
2120	dates, and places to be established by the special magistrate
2121	masterin accordance with rules promulgated by the commission.
2122	The special magistratemastershall be empowered to administer
2123	oaths and issue subpoenas on behalf of the parties to the
2124	dispute or on his or her own behalf. Within 15 calendar days
2125	after the close of the final hearing, the special magistrate
2126	mastershall transmit his or her recommended decision to the
2127	commission and to the representatives of both parties by
2128	registered mail, return receipt requested. Such recommended
2129	decision shall be discussed by the parties, and each
2130	recommendation of the special magistratemastershall be deemed
2131	approved by both parties unless specifically rejected by either
2132	party by written notice filed with the commission within 20
2133	calendar days after the date the party received the special
2134	magistrate'smaster'srecommended decision. The written notice
2135	shall include a statement of the cause for each rejection and
2136	shall be served upon the other party.
2137	(4) If eitherthe public employer or the employee
2138	organization does not accept, in whole or in part, the
2139	recommended decision of the special magistratemaster:
2140	(a) The chief executive officer of the governmental entity
2141	involved shall, within 10 days after rejection of a
2142	recommendation of the special magistratemaster, submit to the
2143	legislative body of the governmental entity involved a copy of
2144	the findings of fact and recommended decision of the special
2145	magistratemaster, together with the chief executive officer's
2146	recommendations for settling the disputed impasse issues. The
2147	chief executive officer shall also transmit his or her
2148	recommendations to the employee organization.;
2149	(b) The employee organization shall submit its
2150	recommendations for settling the disputed impasse issues to such
2151	legislative body and to the chief executive officer.;
2152	(c) The legislative body or a duly authorized committee
2153	thereof shall forthwith conduct a public hearing at which the
2154	parties shall be required to explain their positions with
2155	respect to the rejected recommendations of the special
2156	magistratemaster.;
2157	(d) Thereafter, the legislative body shall take such
2158	action as it deems to be in the public interest, including the
2159	interest of the public employees involved, to resolve all
2160	disputed impasse issues.; and
2161	(e) Following the resolution of the disputed impasse
2162	issues by the legislative body, the parties shall reduce to
2163	writing an agreement which includes those issues agreed to by
2164	the parties and those disputed impasse issues resolved by the
2165	legislative body's action taken pursuant to paragraph (d). The
2166	agreement shall be signed by the chief executive officer and the
2167	bargaining agent and shall be submitted to the public employer
2168	and to the public employees who are members of the bargaining
2169	unit for ratification. If such agreement is not ratified by all
2170	parties, pursuant to the provisions of s. 447.309, the
2171	legislative body's action taken pursuant to the provisions of
2172	paragraph (d) shall take effect as of the date of such
2173	legislative body's action for the remainder of the first fiscal
2174	year which was the subject of negotiations; however, the
2175	legislative body's action shall not take effect with respect to
2176	those disputed impasse issues which establish the language of
2177	contractual provisions which could have no effect in the absence
2178	of a ratified agreement, including, but not limited to,
2179	preambles, recognition clauses, and duration clauses.
2180	Section 82. Section 447.405, Florida Statutes, is amended
2181	to read:
2182	447.405 Factors to be considered by the special magistrate
2183	master.--The special magistratemastershall conduct the
2184	hearings and render recommended decisions with the objective of
2185	achieving a prompt, peaceful, and just settlement of disputes
2186	between the public employee organizations and the public
2187	employers. The factors, among others, to be given weight by the
2188	special magistratemasterin arriving at a recommended decision
2189	shall include:
2190	(1) Comparison of the annual income of employment of the
2191	public employees in question with the annual income of
2192	employment maintained for the same or similar work of employees
2193	exhibiting like or similar skills under the same or similar
2194	working conditions in the local operating area involved.
2195	(2) Comparison of the annual income of employment of the
2196	public employees in question with the annual income of
2197	employment of public employees in similar public employee
2198	governmental bodies of comparable size within the state.
2199	(3) The interest and welfare of the public.
2200	(4) Comparison of peculiarities of employment in regard to
2201	other trades or professions, specifically with respect to:
2202	(a) Hazards of employment.
2203	(b) Physical qualifications.
2204	(c) Educational qualifications.
2205	(d) Intellectual qualifications.
2206	(e) Job training and skills.
2207	(f) Retirement plans.
2208	(g) Sick leave.
2209	(h) Job security.
2210	(5) Availability of funds.
2211	Section 83. Section 447.407, Florida Statutes, is amended
2212	to read:
2213	447.407 Compensation of mediator and special magistrate
2214	master; expenses.--The compensation of the mediator and special
2215	magistratemaster, and all stenographic and other expenses,
2216	shall be borne equally by the parties.
2217	Section 84. Section 447.409, Florida Statutes, is amended
2218	to read:
2219	447.409 Records.--All records thatwhichare relevant to,
2220	or have a bearing upon, any issue or issues raised by the
2221	proceedings conducted by the special magistratemastershall be
2222	made available to the special magistratemasterby a request in
2223	writing to any of the parties to the impasse proceedings.
2224	Notice of such request mustshallbe furnished to all parties.
2225	Any such records thatwhich are made available to the special
2226	magistrate mustmaster shallalso be made available to any other
2227	party to the impasse proceedings, upon written request.
2228	Section 85. Subsections (1), (2), (3), (4), (5), and (6)
2229	of section 475.011, Florida Statutes, are amended to read:
2230	475.011 Exemptions.--This part does not apply to:
2231	(1) Any person acting as an attorney in fact for the
2232	purpose of the execution of contracts or conveyances only; as an
2233	attorney at law within the scope of her or his duties as such;
2234	as a certified public accountant, as defined in chapter 473,
2235	within the scope of her or his duties as such; as the personal
2236	representative, receiver, trustee, or general or special
2237	magistratemasterunder, or by virtue of, an appointment by will
2238	or by order of a court of competent jurisdiction; or as trustee
2239	under a deed of trust, or under a trust agreement, the ultimate
2240	purpose and intent whereof is charitable, is philanthropic, or
2241	provides for those having a natural right to the bounty of the
2242	donor or trustor.;
2243	(2) Any individual, corporation, partnership, trust, joint
2244	venture, or other entity which sells, exchanges, or leases its
2245	own real property; however, this exemption shall not be
2246	available if and to the extent that an agent, employee, or
2247	independent contractor paid a commission or other compensation
2248	strictly on a transactional basis is employed to make sales,
2249	exchanges, or leases to or with customers in the ordinary course
2250	of an owner's business of selling, exchanging, or leasing real
2251	property to the public.;
2252	(3) Any employee of a public utility, a rural electric
2253	cooperative, a railroad, or a state or local governmental agency
2254	who acts within the scope of her or his employment, for which no
2255	compensation in addition to the employee's salary is paid, to
2256	buy, sell, appraise, exchange, rent, auction, or lease any real
2257	property or any interest in real property for the use of her or
2258	his employer.;
2259	(4) Any salaried employee of an owner, or of a registered
2260	broker for an owner, of an apartment community who works in an
2261	onsite rental office of the apartment community in a leasing
2262	capacity.;
2263	(5) Any person employed for a salary as a manager of a
2264	condominium or cooperative apartment complex as a result of any
2265	activities or duties which the person may have in relation to
2266	the renting of individual units within such condominium or
2267	cooperative apartment complex if rentals arranged by the person
2268	are for periods no greater than 1 year.;
2269	(6) Any person, partnership, corporation, or other legal
2270	entity which, for another and for compensation or other valuable
2271	consideration, sells, offers to sell, advertises for sale, buys,
2272	offers to buy, or negotiates the sale or purchase of radio,
2273	television, or cable enterprises licensed and regulated by the
2274	Federal Communications Commission pursuant to the Communications
2275	Act of 1934. However, if the sale or purchase of the radio,
2276	television, or cable enterprise involves the sale or lease of
2277	land, buildings, fixtures, and all other improvements to the
2278	land, a broker or salesperson licensed under this chapter shall
2279	be retained for the portion of the transaction which includes
2280	the land, buildings, fixtures, and all other improvements to the
2281	land.; or
2282	Section 86. Paragraphs (d), (f), (g), (h), and (j) of
2283	subsection (5) of section 489.127, Florida Statutes, are amended
2284	to read:
2285	489.127 Prohibitions; penalties.--
2286	(5) Each county or municipality may, at its option,
2287	designate one or more of its code enforcement officers, as
2288	defined in chapter 162, to enforce, as set out in this
2289	subsection, the provisions of subsection (1) and s. 489.132(1)
2290	against persons who engage in activity for which a county or
2291	municipal certificate of competency or license or state
2292	certification or registration is required.
2293	(d) The act for which the citation is issued shall be
2294	ceased upon receipt of the citation; and the person charged with
2295	the violation shall elect either to correct the violation and
2296	pay the civil penalty in the manner indicated on the citation
2297	or, within 10 days afterofreceipt of the citation, exclusive
2298	of weekends and legal holidays, request an administrative
2299	hearing before the enforcement or licensing board or designated
2300	special magistratemasterto appeal the issuance of the citation
2301	by the code enforcement officer.
2302	1. Hearings shall be held before an enforcement or
2303	licensing board or designated special magistratemasteras
2304	established by s. 162.03(2), and such hearings shall be
2305	conducted pursuant to the requirements of ss. 162.07 and 162.08.
2306	2. Failure of a violator to appeal the decision of the
2307	code enforcement officer within the time period set forth in
2308	this paragraph shall constitute a waiver of the violator's right
2309	to an administrative hearing. A waiver of the right to an
2310	administrative hearing shall be deemed an admission of the
2311	violation, and penalties may be imposed accordingly.
2312	3. If the person issued the citation, or his or her
2313	designated representative, shows that the citation is invalid or
2314	that the violation has been corrected prior to appearing before
2315	the enforcement or licensing board or designated special
2316	magistratemaster, the enforcement or licensing board or
2317	designated special magistratemastermay dismiss the citation
2318	unless the violation is irreparable or irreversible.
2319	4. Each day a willful, knowing violation continues shall
2320	constitute a separate offense under the provisions of this
2321	subsection.
2322	(f) If the enforcement or licensing board or designated
2323	special magistratemasterfinds that a violation exists, the
2324	enforcement or licensing board or designated special magistrate
2325	mastermay order the violator to pay a civil penalty of not less
2326	than the amount set forth on the citation but not more than
2327	$1,000 per day for each violation. In determining the amount of
2328	the penalty, the enforcement or licensing board or designated
2329	special magistratemastershall consider the following factors:
2330	1. The gravity of the violation.
2331	2. Any actions taken by the violator to correct the
2332	violation.
2333	3. Any previous violations committed by the violator.
2334	(g) Upon written notification by the code enforcement
2335	officer that a violator had not contested the citation or paid
2336	the civil penalty within the timeframe allowed on the citation,
2337	or if a violation has not been corrected within the timeframe
2338	set forth on the notice of violation, the enforcement or
2339	licensing board or the designated special magistratemaster
2340	shall enter an order ordering the violator to pay the civil
2341	penalty set forth on the citation or notice of violation, and a
2342	hearing shall not be necessary for the issuance of such order.
2343	(h) A certified copy of an order imposing a civil penalty
2344	against an uncertified contractor may be recorded in the public
2345	records and thereafter shall constitute a lien against any real
2346	or personal property owned by the violator. Upon petition to the
2347	circuit court, such order may be enforced in the same manner as
2348	a court judgment by the sheriffs of this state, including a levy
2349	against personal property; however, such order shall not be
2350	deemed to be a court judgment except for enforcement purposes. A
2351	civil penalty imposed pursuant to this part shall continue to
2352	accrue until the violator comes into compliance or until
2353	judgment is rendered in a suit to foreclose on a lien filed
2354	pursuant to this subsection, whichever occurs first. After 3
2355	months followingfromthe filing of any such lien which remains
2356	unpaid, the enforcement board or licensing board or designated
2357	special magistratemastermay authorize the local governing
2358	body's attorney to foreclose on the lien. No lien created
2359	pursuant to the provisions of this part may be foreclosed on
2360	real property which is a homestead under s. 4, Art. X of the
2361	State Constitution.
2362	(j) An aggrieved party, including the local governing
2363	body, may appeal a final administrative order of an enforcement
2364	board or licensing board or designated special magistratemaster
2365	to the circuit court. Such an appeal shall not be a hearing de
2366	novo but shall be limited to appellate review of the record
2367	created before the enforcement board or licensing board or
2368	designated special magistratemaster. An appeal shall be filed
2369	within 30 days afterof theexecution of the order to be
2370	appealed.
2371	Section 87. Paragraphs (d), (f), (g), (h), and (j) of
2372	subsection (4) of section 489.531, Florida Statutes, are amended
2373	to read:
2374	489.531 Prohibitions; penalties.--
2375	(4)
2376	(d) The act for which the citation is issued shall be
2377	ceased upon receipt of the citation; and the person charged with
2378	the violation shall elect either to correct the violation and
2379	pay the civil penalty in the manner indicated on the citation
2380	or, within 10 days afterofreceipt of the citation, exclusive
2381	of weekends and legal holidays, request an administrative
2382	hearing before the enforcement or licensing board or designated
2383	special magistratemasterto appeal the issuance of the citation
2384	by the code enforcement officer.
2385	1. Hearings shall be held before an enforcement or
2386	licensing board or designated special magistratemasteras
2387	established by s. 162.03(2) and such hearings shall be conducted
2388	pursuant to ss. 162.07 and 162.08.
2389	2. Failure of a violator to appeal the decision of the
2390	code enforcement officer within the time period set forth in
2391	this paragraph shall constitute a waiver of the violator's right
2392	to an administrative hearing. A waiver of the right to
2393	administrative hearing shall be deemed an admission of the
2394	violation and penalties may be imposed accordingly.
2395	3. If the person issued the citation, or his or her
2396	designated representative, shows that the citation is invalid or
2397	that the violation has been corrected prior to appearing before
2398	the enforcement or licensing board or designated special
2399	magistratemaster, the enforcement or licensing board or
2400	designated special magistratemastershall dismiss the citation
2401	unless the violation is irreparable or irreversible.
2402	4. Each day a willful, knowing violation continues shall
2403	constitute a separate offense under the provisions of this
2404	subsection.
2405	(f) If the enforcement or licensing board or designated
2406	special magistratemasterfinds that a violation exists, the
2407	enforcement or licensing board or designated special magistrate
2408	mastermay order the violator to pay a civil penalty of not less
2409	than the amount set forth on the citation but not more than $500
2410	per day for each violation. In determining the amount of the
2411	penalty, the enforcement or licensing board or designated
2412	special magistratemastershall consider the following factors:
2413	1. The gravity of the violation.
2414	2. Any actions taken by the violator to correct the
2415	violation.
2416	3. Any previous violations committed by the violator.
2417	(g) Upon written notification by the code enforcement
2418	officer that a violator had not contested the citation or paid
2419	the civil penalty within the timeframe allowed on the citation,
2420	or if a violation has not been corrected within the timeframe
2421	set forth on the notice of violation, the enforcement or
2422	licensing board or the designated special magistratemaster
2423	shall enter an order ordering the violator to pay the civil
2424	penalty set forth on the citation or notice of violation, and a
2425	hearing shall not be necessary for the issuance of such order.
2426	(h) A certified copy of an order imposing a civil penalty
2427	against an uncertified contractor may be recorded in the public
2428	records and thereafter shall constitute a lien against any real
2429	or personal property owned by the violator. Upon petition to the
2430	circuit court, such order may be enforced in the same manner as
2431	a court judgment by the sheriffs of this state, including a levy
2432	against personal property; however, such order shall not be
2433	deemed to be a court judgment except for enforcement purposes. A
2434	civil penalty imposed pursuant to this part shall continue to
2435	accrue until the violator comes into compliance or until
2436	judgment is rendered in a suit to foreclose on a lien filed
2437	pursuant to this section, whichever occurs first. After 3 months
2438	followingfromthe filing of any such lien which remains unpaid,
2439	the enforcement or licensing board or designated special
2440	magistratemastermay authorize the local governing body's
2441	attorney to foreclose on the lien. No lien created pursuant to
2442	the provisions of this part may be foreclosed on real property
2443	which is a homestead under s. 4, Art. X of the State
2444	Constitution.
2445	(j) An aggrieved party, including the local governing
2446	body, may appeal a final administrative order of an enforcement
2447	or licensing board or special designated special magistrate
2448	masterto the circuit court. Such an appeal shall not be a
2449	hearing de novo but shall be limited to appellate review of the
2450	record created before the enforcement or licensing board or
2451	designated special magistratemaster. An appeal shall be filed
2452	within 30 days afterofthe execution of the order to be
2453	appealed.
2454	Section 88. Subsection (1) of section 496.420, Florida
2455	Statutes, is amended to read:
2456	496.420 Civil remedies and enforcement.--
2457	(1) In addition to other remedies authorized by law, the
2458	department may bring a civil action in circuit court to enforce
2459	ss. 496.401-496.424 or s. 496.426. Upon a finding that any
2460	person has violated any of these sections, a court may make any
2461	necessary order or enter a judgment including, but not limited
2462	to, a temporary or permanent injunction, a declaratory judgment,
2463	the appointment of a general or special magistratemasteror
2464	receiver, the sequestration of assets, the reimbursement of
2465	persons from whom contributions have been unlawfully solicited,
2466	the distribution of contributions in accordance with the
2467	charitable or sponsor purpose expressed in the registration
2468	statement or in accordance with the representations made to the
2469	person solicited, the reimbursement of the department for
2470	investigative costs, attorney's fees and costs, and any other
2471	equitable relief the court finds appropriate. Upon a finding
2472	that any person has violated any provision of ss. 496.401-
2473	496.424 or s. 496.426 with actual knowledge or knowledge fairly
2474	implied on the basis of objective circumstances, a court may
2475	enter an order imposing a civil penalty in an amount not to
2476	exceed $10,000 per violation.
2477	Section 89. Subsection (3) of section 501.207, Florida
2478	Statutes, is amended to read:
2479	501.207 Remedies of enforcing authority.--
2480	(3) Upon motion of the enforcing authority or any
2481	interested party in any action brought under subsection (1), the
2482	court may make appropriate orders, including, but not limited
2483	to, appointment of a general or special magistratemasteror
2484	receiver or sequestration or freezing of assets, to reimburse
2485	consumers or governmental entities found to have been damaged;
2486	to carry out a transaction in accordance with the reasonable
2487	expectations of consumers or governmental entities; to strike or
2488	limit the application of clauses of contracts to avoid an
2489	unconscionable result; to order any defendant to divest herself
2490	or himself of any interest in any enterprise, including real
2491	estate; to impose reasonable restrictions upon the future
2492	activities of any defendant to impede her or him from engaging
2493	in or establishing the same type of endeavor; to order the
2494	dissolution or reorganization of any enterprise; or to grant
2495	legal, equitable, or other appropriate relief. The court may
2496	assess the expenses of a general or special magistratemasteror
2497	receiver against a person who has violated, is violating, or is
2498	otherwise likely to violate this part. Any injunctive order,
2499	whether temporary or permanent, issued by the court shall be
2500	effective throughout the state unless otherwise provided in the
2501	order.
2502	Section 90. Section 501.618, Florida Statutes, is amended
2503	to read:
2504	501.618 General civil remedies.--The department may bring:
2505	(1) An action to obtain a declaratory judgment that an act
2506	or practice violates the provisions of this part.
2507	(2) An action to enjoin a person who has violated, is
2508	violating, or is otherwise likely to violate the provisions of
2509	this part.
2510	(3) An action on behalf of one or more purchasers for the
2511	actual damages caused by an act or practice performed in
2512	violation of the provisions of this part. Such an action may
2513	include, but is not limited to, an action to recover against a
2514	bond, letter of credit, or certificate of deposit as otherwise
2515	provided in this part.
2516
2517	Upon motion of the enforcing authority in any action brought
2518	under this section, the court may make appropriate orders,
2519	including appointment of a general or special magistratemaster
2520	or receiver or sequestration of assets, to reimburse consumers
2521	found to have been damaged, to carry out a consumer transaction
2522	in accordance with the consumer's reasonable expectations, or to
2523	grant other appropriate relief. The court may assess the
2524	expenses of a general or special magistratemasteror receiver
2525	against a commercial telephone seller. Any injunctive order,
2526	whether temporary or permanent, issued by the court shall be
2527	effective throughout the state unless otherwise provided in the
2528	order.
2529	Section 91. Subsection (6) of section 559.936, Florida
2530	Statutes, is amended to read:
2531	559.936 Civil penalties; remedies.--
2532	(6) Upon motion of the department in any action brought
2533	under this part, the court may make appropriate orders,
2534	including appointment of a general or special magistratemaster
2535	or receiver or sequestration of assets, to reimburse consumers
2536	found to have been damaged, to carry out a consumer transaction
2537	in accordance with the consumer's reasonable expectations, or to
2538	grant other appropriate relief.
2539	Section 92. Subsection (1) of section 582.23, Florida
2540	Statutes, is amended to read:
2541	582.23 Performance of work under the regulations by the
2542	supervisors.--
2543	(1) The supervisors may go upon any lands within the
2544	district to determine whether land use regulations adopted are
2545	being observed. Where the supervisors of any district shall find
2546	that any of the provisions of land use regulations adopted are
2547	not being observed on particular lands, and that such
2548	nonobservance tends to increase erosion on such lands and is
2549	interfering with the prevention or control of erosion on other
2550	lands within the district, the supervisors may present to the
2551	circuit court for the county or counties within which the lands
2552	of the defendant may lie, a petition, duly verified, setting
2553	forth the adoption of the land use regulations, the failure of
2554	the defendant landowner or occupier to observe such regulations,
2555	and to perform particular work, operations, or avoidances as
2556	required thereby, and that such nonobservance tends to increase
2557	erosion on such lands and is interfering with the prevention or
2558	control of erosion on other lands within the district, and
2559	praying the court to require the defendant to perform the work,
2560	operations, or avoidances within a reasonable time and to order
2561	that if the defendant shall fail so to perform the supervisors
2562	may go on the land, perform the work or other operations or
2563	otherwise bring the condition of such lands into conformity with
2564	the requirements of such regulations, and recover the costs and
2565	expenses thereof, with interest, from the owner of such land.
2566	Upon the presentation of such petition the court shall cause
2567	process to be issued against the defendant, and shall hear the
2568	case. If it shall appear to the court that testimony is
2569	necessary for the proper disposition of the matter, it may take
2570	evidence or appoint a special magistratemasterto take such
2571	evidence as it may direct and report the same to the court
2572	within her or his findings of fact and conclusions of law, which
2573	shall constitute a part of the proceedings upon which the
2574	determination of the court shall be made.
2575	Section 93. Subsection (2) of section 631.182, Florida
2576	Statutes, is amended to read:
2577	631.182 Receiver claims report and claimants objections
2578	procedure.--
2579	(2) At the hearing, any interested person is entitled to
2580	appear. The hearing shall not be de novo but shall be limited to
2581	the record as described in s. 631.181(2). The court shall enter
2582	an order allowing, allowing in part, or disallowing the claim.
2583	Any such order is deemed to be an appealable order. In the
2584	interests of judicial economy, the court may appoint a special
2585	magistratemasterto resolve objections or to perform any
2586	particular service required by the court. This subsection shall
2587	apply to receivership proceedings commencing prior to, or
2588	subsequent to, July 1, 1997.
2589	Section 94. Subsections (3) and (4) of section 631.331,
2590	Florida Statutes, are amended to read:
2591	631.331 Assessment prima facie correct; notice; payment;
2592	proceeding to collect.--
2593	(3) If any such member or subscriber fails to pay the
2594	assessment within the period specified in the notice, which
2595	period shall not be less than 20 days after mailing, the
2596	department may obtain an order in the delinquency proceeding
2597	requiring the member or subscriber to show cause at a time and
2598	place fixed by the court why judgment should not be entered
2599	against such member or subscriber for the amount of the
2600	assessment, together with all costs., andA copy of the order
2601	and a copy of the petition therefor shall be served upon the
2602	member or subscriber within the time and in the manner
2603	designated in the order.
2604	(4) If the subscriber or member after due service of a
2605	copy of the order and petition referred to in subsection (3) is
2606	made upon her or him:
2607	(a) Fails to appear at the time and place specified in the
2608	order, judgment shall be entered against her or him as prayed
2609	for in the petition; or
2610	(b) Appears in the manner and form required by law in
2611	response to the order, the court shall hear and determine the
2612	matter and enter a judgment in accordance with its decision. In
2613	the interests of judicial economy, the court may appoint a
2614	special magistratemasterto resolve objections or to perform
2615	any particular service required by the court. This paragraph
2616	shall apply to receivership proceedings commencing prior to, or
2617	subsequent to, July 1, 1997.
2618	Section 95. Subsection (2) of section 633.052, Florida
2619	Statutes, is amended to read:
2620	633.052 Ordinances relating to firesafety; definitions;
2621	penalties.--
2622	(2) A county or municipality thatwhichhas created a code
2623	enforcement board or special magistratemastersystem pursuant
2624	to chapter 162 may enforce firesafety code violations as
2625	provided in chapter 162. The governing body of a county or
2626	municipality which has not created a code enforcement board or
2627	special magistratemastersystem for firesafety under chapter
2628	162 is authorized to enact ordinances relating to firesafety
2629	codes, which ordinances shall provide:
2630	(a) That a violation of such an ordinance is a civil
2631	infraction.
2632	(b) A maximum civil penalty not to exceed $500.
2633	(c) A civil penalty of less than the maximum civil penalty
2634	if the person who has committed the civil infraction does not
2635	contest the citation.
2636	(d) For the issuance of a citation by an officer who has
2637	probable cause to believe that a person has committed a
2638	violation of an ordinance relating to firesafety.
2639	(e) For the contesting of a citation in the county court.
2640	(f) Such procedures and provisions necessary to implement
2641	any ordinances enacted under the authority of this section.
2642	Section 96. Subsection (2) of section 744.369, Florida
2643	Statutes, is amended to read:
2644	744.369 Judicial review of guardianship reports.--
2645	(2) The court may appoint general or special magistrates
2646	mastersto assist the court in its review function. The court
2647	may require the general or special magistratemasterto conduct
2648	random field audits.
2649	Section 97. Subsection (11) of section 760.11, Florida
2650	Statutes, is amended to read:
2651	760.11 Administrative and civil remedies; construction.--
2652	(11) If a complaint is within the jurisdiction of the
2653	commission, the commission shall simultaneously with its other
2654	statutory obligations attempt to eliminate or correct the
2655	alleged discrimination by informal methods of conference,
2656	conciliation, and persuasion. Nothing said or done in the course
2657	of such informal endeavors may be made public or used as
2658	evidence in a subsequent civil proceeding, trial, or hearing.
2659	The commission may initiate dispute resolution procedures,
2660	including voluntary arbitration, by special magistratesmasters
2661	or mediators. The commission may adopt rules as to the
2662	qualifications of persons who may serve as special magistrates
2663	mastersand mediators.
2664	Section 98. Subsection (1) of section 837.011, Florida
2665	Statutes, is amended to read:
2666	837.011 Definitions.--In this chapter, unless a different
2667	meaning plainly is required:
2668	(1) "Official proceeding" means a proceeding heard, or
2669	which may be or is required to be heard, before any legislative,
2670	judicial, administrative, or other governmental agency or
2671	official authorized to take evidence under oath, including any
2672	referee, general or special magistratemaster in chancery,
2673	administrative law judge, hearing officer, hearing examiner,
2674	commissioner, notary, or other person taking testimony or a
2675	deposition in connection with any such proceeding.
2676	Section 99. Subsection (4) of section 838.014, Florida
2677	Statutes, is amended to read:
2678	838.014 Definitions.--For the purposes of this chapter,
2679	unless a different meaning plainly is required:
2680	(4) "Public servant" means any public officer, agent, or
2681	employee of government, whether elected or appointed, including,
2682	but not limited to, any executive, legislative, or judicial
2683	officer; any person who holds an office or position in a
2684	political party or political party committee, whether elected or
2685	appointed; and any person participating as a general or special
2686	magistratemaster, receiver, auditor, juror, arbitrator, umpire,
2687	referee, consultant, administrative law judge, hearing officer,
2688	or hearing examiner, or person acting on behalf of any of these,
2689	in performing a governmental function; but the term does not
2690	include witnesses. Such term shall include a candidate for
2691	election or appointment to any such office, including any
2692	individual who seeks or intends to occupy any such office. It
2693	shall include any person appointed to any of the foregoing
2694	offices or employments before and after he or she qualifies.
2695	Section 100. Section 839.17, Florida Statutes, is amended
2696	to read:
2697	839.17 Misappropriation of moneys by commissioners to make
2698	sales.--Any commissioner or general or special magistratemaster
2699	in chancery, having received the purchase money or the
2700	securities resulting from any of the sales authorized by law,
2701	who shall fail to deliver such moneys and securities, or either
2702	of them, to the executor or administrator, or the person
2703	entitled to receive the same, upon the order of the court,
2704	unless she or he is rendered unable to do so by some cause not
2705	attributable to her or his own default or neglect, shall be
2706	fined in a sum equal to the amount received from the purchaser,
2707	and commitsshall be guilty ofa felony of the second degree,
2708	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2709	Section 101. Paragraph (a) of subsection (3) of section
2710	916.107, Florida Statutes, is amended to read:
2711	916.107 Rights of forensic clients.--
2712	(3) RIGHT TO EXPRESS AND INFORMED CONSENT.--
2713	(a) A client committed to the department pursuant to this
2714	act shall be asked to give express and informed written consent
2715	for treatment. If a client in a forensic facility refuses such
2716	treatment as is deemed necessary by the client's
2717	multidisciplinary treatment team at the forensic facility for
2718	the appropriate care of the client and the safety of the client
2719	or others, such treatment may be provided under the following
2720	circumstances:
2721	1. In an emergency situation in which there is immediate
2722	danger to the safety of the client or others, such treatment may
2723	be provided upon the written order of a physician for a period
2724	not to exceed 48 hours, excluding weekends and legal holidays.
2725	If, after the 48-hour period, the client has not given express
2726	and informed consent to the treatment initially refused, the
2727	administrator or designee of the forensic facility shall, within
2728	48 hours, excluding weekends and legal holidays, petition the
2729	committing court or the circuit court serving the county in
2730	which the facility is located, at the option of the facility
2731	administrator or designee, for an order authorizing the
2732	continued treatment of the client. In the interim, treatment may
2733	be continued without the consent of the client upon the
2734	continued written order of a physician who has determined that
2735	the emergency situation continues to present a danger to the
2736	safety of the client or others.
2737	2. In a situation other than an emergency situation, the
2738	administrator or designee of the forensic facility shall
2739	petition the court for an order authorizing the treatment to the
2740	client. The order shall allow such treatment for a period not
2741	to exceed 90 days afterfromthe date of the entry of the order.
2742	Unless the court is notified in writing that the client has
2743	provided express and informed consent in writing or that the
2744	client has been discharged by the committing court, the
2745	administrator or designee shall, prior to the expiration of the
2746	initial 90-day order, petition the court for an order
2747	authorizing the continuation of treatment for another 90-day
2748	period. This procedure shall be repeated until the client
2749	provides consent or is discharged by the committing court.
2750	3. At the hearing on the issue of whether the court should
2751	enter an order authorizing treatment for which a client has
2752	refused to give express and informed consent, the court shall
2753	determine by clear and convincing evidence that the client is
2754	mentally ill, retarded, or autistic as defined in this chapter,
2755	that the treatment not consented to is essential to the care of
2756	the client, and that the treatment not consented to is not
2757	experimental and does not present an unreasonable risk of
2758	serious, hazardous, or irreversible side effects. In arriving at
2759	the substitute judgment decision, the court must consider at
2760	least the following factors:
2761	a. The client's expressed preference regarding treatment;
2762	b. The probability of adverse side effects;
2763	c. The prognosis without treatment; and
2764	d. The prognosis with treatment.
2765
2766	The hearing shall be as convenient to the client as may be
2767	consistent with orderly procedure and shall be conducted in
2768	physical settings not likely to be injurious to the client's
2769	condition. The court may appoint a general or special magistrate
2770	masterto preside at the hearing. The client or the client's
2771	guardian, and the representative, shall be provided with a copy
2772	of the petition and the date, time, and location of the hearing.
2773	The client has the right to have an attorney represent him or
2774	her at the hearing, and, if the client is indigent, the court
2775	shall appoint the office of the public defender to represent the
2776	client at the hearing. The client may testify or not, as he or
2777	she chooses, and has the right to cross-examine witnesses and
2778	may present his or her own witnesses.
2779	Section 102. Subsection (11) of section 938.30, Florida
2780	Statutes, is amended to read:
2781	938.30 Court-imposed financial obligations in criminal
2782	cases; supplementary proceedings.--
2783	(11) The court may refer any proceeding under this section
2784	to a special magistratemasterwho shall report findings and
2785	make recommendations to the court. The court shall act on such
2786	recommendations within a reasonable amount of time.
2787	Section 103. Subsection (3) of section 945.43, Florida
2788	Statutes, is amended to read:
2789	945.43 Admission of inmate to mental health treatment
2790	facility.--
2791	(3) PROCEDURE FOR HEARING ON TRANSFER OF AN INMATE FOR
2792	MENTAL HEALTH TREATMENT.--If the inmate does not waive a hearing
2793	or if the inmate or the inmate's representative files a petition
2794	for a hearing after having waived it, the court shall serve
2795	notice on the warden of the facility where the inmate is
2796	confined, the director, and the allegedly mentally ill inmate.
2797	The notice shall specify the date, time, and place of the
2798	hearing; the basis for the allegation of mental illness; and the
2799	names of the examining experts. The hearing shall be held within
2800	5 days, and the court may appoint a general or special
2801	magistratemasterto preside. The hearing may be as informal as
2802	is consistent with orderly procedure. One of the experts whose
2803	opinion supported the recommendation shall be present at the
2804	hearing for information purposes. If, at the hearing, the court
2805	finds that the inmate is mentally ill and in need of care and
2806	treatment, it shall order that he or she be transferred to a
2807	mental health treatment facility and provided appropriate
2808	treatment. The court shall provide a copy of its order
2809	authorizing transfer and all supporting documentation relating
2810	to the inmate's condition to the warden of the treatment
2811	facility. If the court finds that the inmate is not mentally
2812	ill, it shall dismiss the petition for transfer.
2813	Section 104. Subsection (4) is added to section 903.02,
2814	Florida Statutes, to read:
2815	903.02 Actions with respect to denial or conditions of
2816	bail or amount of bond prohibited; "court" defined.--
2817	(4) Any judge setting or granting monetary bail shall set
2818	a separate and specific bail amount for each charge or offense.
2819	When bail is posted, each charge or offense requires a separate
2820	bond.
2821	Section 105. Subsection (3) is added to section 903.046,
2822	Florida Statutes, to read:
2823	903.046 Purpose of and criteria for bail determination.--
2824	(3) If a defendant is charged with a second or subsequent
2825	felony for a dangerous crime as defined in s. 907.041(4) within
2826	3 years after the date of a prior felony conviction, regardless
2827	of whether adjudication was withheld, the defendant forfeits the
2828	right to a presumption in favor of release on nonmonetary
2829	conditions as provided in s. 907.041.
2830	Section 106. Subsection (1) of section 903.047, Florida
2831	Statutes, is amended to read:
2832	903.047 Conditions of pretrial release.--
2833	(1) As a condition of pretrial release, whether such
2834	release is by surety bail bond or recognizance bond or in some
2835	other form, the court shall require that:
2836	(a) The defendant shallrefrain from criminal activity of
2837	any kind.; and
2838	(b) The defendant shallrefrain from any contact of any
2839	type with the victim, except through pretrial discovery pursuant
2840	to the Florida Rules of Criminal Procedure.
2841	(c) The defendant shall comply with all conditions of
2842	pretrial release.
2843	Section 107. Paragraph (d) is added to subsection (5) of
2844	section 903.26, Florida Statutes, to read:
2845	903.26 Forfeiture of the bond; when and how directed;
2846	discharge; how and when made; effect of payment.--
2847	(5) The court shall discharge a forfeiture within 60 days
2848	upon:
2849	(d) Refusal of the state attorney to institute extradition
2850	proceedings or extradite the principal on a bail bond, after the
2851	surety has agreed in writing to pay actual transportation costs,
2852	exonerates the surety, and any forfeiture or judgment is set
2853	aside or vacated and any payment by the surety of a forfeiture
2854	or judgment is remitted as required under s. 903.28.
2855	Section 108. Subsection (1) of section 903.27, Florida
2856	Statutes, is amended to read:
2857	903.27 Forfeiture to judgment.--
2858	(1) If the forfeiture is not paid or discharged by order
2859	of a court of competent jurisdiction within 60 days and the bond
2860	is secured other than by money and bonds authorized in s.
2861	903.16, the clerk of the circuit court for the county where the
2862	order was made shall enter a judgment against the surety for the
2863	amount of the penalty and issue execution. However, in any case
2864	in which the bond forfeiture has been discharged by the court of
2865	competent jurisdiction conditioned upon the payment by the
2866	surety of certain costs or fees as allowed by statute, the
2867	amount for which judgment may be entered may not exceed the
2868	amount of the unpaid fees or costs upon which the discharge had
2869	been conditioned. Judgment for the full amount of the forfeiture
2870	shall not be entered if payment of a lesser amount will satisfy
2871	the conditions to discharge the forfeiture.Within 10 days, the
2872	clerk shall furnish the Department of Insurance with a certified
2873	copy of the judgment docket and shall furnish the surety company
2874	at its home office a copy of the judgment, which shall include
2875	the power of attorney number of the bond and the name of the
2876	executing agent. If the judgment is not paid within 35 days, the
2877	clerk shall furnish the Department of Insurance and the sheriff
2878	of the county in which the bond was executed, or the official
2879	responsible for operation of the county jail, if other than the
2880	sheriff, two copies of the judgment and a certificate stating
2881	that the judgment remains unsatisfied. When and if the judgment
2882	is properly paid or an order to vacate the judgment has been
2883	entered by a court of competent jurisdiction, the clerk shall
2884	immediately notify the sheriff, or the official responsible for
2885	the operation of the county jail, if other than the sheriff, and
2886	the Department of Insurance, if the department had been
2887	previously notified of nonpayment, of such payment or order to
2888	vacate the judgment. The clerk shall also immediately prepare
2889	and record in the public records a satisfaction of the judgment
2890	or record the order to vacate judgment. If the defendant is
2891	returned to the county of jurisdiction of the court, whenever a
2892	motion to set aside the judgment is filed, the operation of this
2893	section is tolled until the court makes a disposition of the
2894	motion.
2895	Section 109. Section 903.31, Florida Statutes, is amended
2896	to read:
2897	903.31 Canceling the bond.--
2898	(1) Within 10 business days after the conditions of a bond
2899	have been satisfied or the forfeiture discharged or remitted,
2900	the court shall order the bond shall becanceled and, if the
2901	surety has attached a certificate of cancellation to the
2902	original bond, the clerk of the courtshall furnish an executed
2903	certificate of cancellation to the surety without cost. An
2904	adjudication of guilt or innocence of the defendant shall
2905	satisfy the conditions of the bond. The original appearance bond
2906	shall expire 36 months after such bond has been posted for the
2907	release of the defendant from custody. This subsection does not
2908	apply to cases in which a bond has been declared forfeited.
2909	(2) The original appearance bond doesshall not be
2910	construed toguarantee deferred sentences, appearance during or
2911	after a presentence investigation, appearance during or after
2912	appeals, conduct during or appearance after admission to a
2913	pretrial intervention program,payment of fines, or attendance
2914	at educational or rehabilitation facilities the court otherwise
2915	provides in the judgment. If the original appearance bond has
2916	been forfeited or revoked, the bond shall not be reinstated
2917	without approval from the surety on the original bond.
2918	(3) The original appearance bond does not guarantee the
2919	defendant's conduct or appearance in court at any time after:
2920	(a) The defendant enters a plea of guilty or nolo
2921	contendere;
2922	(b) The defendant enters into an agreement for deferred
2923	prosecution or agrees to enter a pretrial intervention program;
2924	(c) The defendant is acquitted;
2925	(d) The defendant is adjudicated guilty;
2926	(e) Adjudication of guilt of the defendant is withheld; or
2927	(f) The defendant is found guilty by a judge or jury.
2928	(4)(3)In any case where no formal charges have been
2929	brought against the defendant within 365 days after arrest, the
2930	court shall order the bond canceled unless good cause is shown
2931	by the state.
2932	Section 110. Subsection (3) and paragraphs (a) and (b) of
2933	subsection (4) of section 907.041, Florida Statutes, are amended
2934	to read:
2935	907.041 Pretrial detention and release.--
2936	(3) RELEASE ON NONMONETARY CONDITIONS.--
2937	(a) It is the intent of the Legislature to create a
2938	presumption in favor of release on nonmonetary conditions for
2939	any person who is granted pretrial release unless such person is
2940	charged with a dangerous crime as defined in subsection (4).
2941	Such person shall be released on monetary conditions if it is
2942	determined that such monetary conditions are necessary to assure
2943	the presence of the person at trial or at other proceedings, to
2944	protect the community from risk of physical harm to persons, to
2945	assure the presence of the accused at trial, or to assure the
2946	integrity of the judicial process.
2947	(b) ANo person may not be accepted for releaseshall be
2948	releasedon nonmonetary conditions under the supervision of a
2949	pretrial release service, unless the service certifies in
2950	writing, and has provided a report to the court for review,that
2951	it has investigated or otherwise verified:
2952	1. The circumstances of the accused's family, employment,
2953	financial resources, character, mental condition, and length of
2954	residence in the community.;
2955	2. The accused's record of convictions, of appearances at
2956	court proceedings, of flight to avoid prosecution, or of failure
2957	to appear at court proceedings.; and
2958	3. Other facts necessary to assist the court in its
2959	determination of the indigency of the accused and whether she or
2960	he should be released under the supervision of the service.
2961	(4) PRETRIAL DETENTION.--
2962	(a) As used in this subsection, the term"dangerous crime"
2963	means any of the following:
2964	1. Arson;
2965	2. Aggravated assault;
2966	3. Aggravated battery;
2967	4. Illegal use of explosives;
2968	5. Child abuse or aggravated child abuse;
2969	6. Abuse of an elderly person or disabled adult, or
2970	aggravated abuse of an elderly person or disabled adult;
2971	7. Aircraft piracy;
2972	8. Kidnapping;
2973	9. Homicide;
2974	10. Manslaughter;
2975	11. Sexual battery;
2976	12. Robbery;
2977	13. Carjacking;
2978	14. Lewd, lascivious, or indecent assault or act upon or
2979	in presence of a child under the age of 16 years;
2980	15. Sexual activity with a child, who is 12 years of age
2981	or older but less than 18 years of age, by or at solicitation of
2982	person in familial or custodial authority;
2983	16. Burglary of a dwelling;
2984	17. Stalking and aggravated stalking;
2985	18. Act of domestic violence as defined in s. 741.28;
2986	19. Home invasion robbery;
2987	20. Act of terrorism as defined in s. 775.30; and
2988	21. Attempting or conspiring to commit any such crime.
2989	(b) Pursuant to the provisions of paragraph (3)(b)No
2990	person charged with a dangerous crime shall be granted
2991	nonmonetary pretrial release at a first appearance hearing;
2992	however, the court shall retain the discretion to release a
2993	personan accused of a dangerous crimeon electronic monitoring
2994	or on recognizance bond if the findings on the record of facts
2995	and circumstances warrant such a release.
2996	Section 111. Section 903.0465, Florida Statutes, is
2997	created to read:
2998	903.0465 Determination of bail at first appearance.--In
2999	any case in which a defendant is before the court at a first
3000	appearance hearing based on the execution of an arrest warrant,
3001	the judge at the first appearance hearing may not reduce the
3002	amount of bail indicated on the warrant, unless the judge
3003	issuing the warrant indicates that the matter of bail may be
3004	reconsidered at the first appearance hearing. This section does
3005	not apply when the judge at the first appearance hearing is also
3006	the judge who issued the warrant or when the judge at the first
3007	appearance hearing is the judge to whom the case has been
3008	assigned.
3009	Section 112. Section 903.0471, Florida Statutes, is
3010	amended to read:
3011	903.0471 Violation of condition of pretrial
3012	release.--Notwithstanding s. 907.041, a court may, on its own
3013	motion, revoke pretrial release and order pretrial detention if
3014	the court finds probable cause to believe that the defendant
3015	committed a new crime while on pretrial release. A finding of
3016	probable cause under this section may, in the court's
3017	discretion, be determined based upon the affidavit of a law
3018	enforcement officer without an evidentiary hearing.
3019	Section 113. This act shall take effect July 1, 2003.