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