Senate Bill sb1492c1

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    Florida Senate - 2003                           CS for SB 1492

    By the Committee on Finance and Taxation; and Senator Smith





    314-2341-03

  1                      A bill to be entitled

  2         An act relating to the judicial system;

  3         amending s. 27.3455, F.S.; providing for each

  4         county to report revenues and expenditures to

  5         the Chief Financial Officer; providing for

  6         allocation of funds; amending s. 27.562, F.S.;

  7         providing for disposition of funds; amending s.

  8         28.101, F.S.; increasing the service charge for

  9         filing for dissolution of marriage;

10         transferring, renumbering, and amending s.

11         43.195, F.S.; authorizing a clerk to dispose of

12         items of physical evidence in cases where no

13         collateral attack is pending; amending s.

14         28.24, F.S.; increasing the service charges for

15         services rendered by the clerk of the court in

16         recording documents and instruments and in

17         performing certain other duties; amending s.

18         28.241, F.S.; increasing the service charge for

19         filing a civil action in circuit court;

20         requiring that a portion of the charge be

21         remitted to the General Revenue Fund and to the

22         Court Education Trust Fund; requiring that a

23         portion of the charge be remitted to the Clerk

24         of the Court Operations Conference Operating

25         Fund and the Clerk of the Court Operations

26         Conference Contingency Fund; providing a filing

27         fee for reopening a civil action or proceeding;

28         providing for a reduction in the fee for a

29         petition to modify a final judgment of

30         dissolution; increasing other service charges;

31         deleting provisions authorizing a county to

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    Florida Senate - 2003                           CS for SB 1492
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 1         assess amounts in excess of specified service

 2         charges; prohibiting additional service charges

 3         or fees; increasing the service charge for

 4         instituting an appellate proceeding; amending

 5         s. 28.2401, F.S.; increasing various service

 6         charges for probate matters; prohibiting county

 7         governing authorities from imposing additional

 8         charges; creating s. 28.2402, F.S.; imposing a

 9         fee on a county or municipality for filing

10         municipal code or ordinance violation in civil

11         court; creating s. 28.246, F.S.; requiring the

12         clerk of the circuit court to report to the

13         Legislature the total amount of service charges

14         and fees assessed, waived, and collected;

15         authorizing partial payment of court-related

16         fees to the clerk; providing a distribution

17         order for collected charges and fees;

18         authorizing clerks of the court to refer unpaid

19         collections to a private attorney; creating s.

20         28.35, F.S.; establishing the Clerk of the

21         Court Operations Conference; providing

22         membership; requiring the conference to

23         recommend changes in the service charges and

24         fees to the Legislature; requiring the

25         conference to review revenues and budgets and

26         determine payments to clerks of the court;

27         providing for a clerk education program;

28         providing for a statewide case information

29         system; requiring the Florida Association of

30         Court Clerks to establish a depository for

31         funds to pay for the operation of the Clerk of

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    Florida Senate - 2003                           CS for SB 1492
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 1         Court Operations Conference and for payments if

 2         a clerk's expenditures exceed revenues;

 3         creating s. 28.36, F.S.; requiring the clerks

 4         of the circuit court to provide a balanced

 5         budget to the Clerk of Court Operations

 6         Conference; requiring a special budget for a

 7         specified period; authorizing clerks to

 8         maintain a reserve; creating s. 28.37, F.S.;

 9         providing for revenues collected by the clerk

10         in excess of a certain amount to be remitted to

11         the state to pay the costs of the state court

12         system; amending s. 34.032, F.S.; requiring

13         that certain functions of the deputy clerk of

14         the court be funded by the county; amending s.

15         34.041, F.S.; increasing the initial filing

16         fees for instituting various civil actions;

17         providing for distribution of the proceeds of

18         the filing fees; prohibiting counties from

19         assessing additional service charges or fees;

20         deleting provisions authorizing the judge to

21         waive the service charge for a civil action;

22         requiring counties and municipalities to pay a

23         service charge for instituting an appellate

24         proceeding; deleting a service charge assessed

25         against plaintiffs; amending s. 34.191, F.S.;

26         requiring that certain fines and forfeitures be

27         remitted to the clerk of the court rather than

28         the county; authorizing the clerk rather than

29         the board of county commissioners to assign the

30         collection of charges and fines to a private

31         attorney or collection agency; amending s.

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    Florida Senate - 2003                           CS for SB 1492
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 1         44.108, F.S.; deleting provisions authorizing a

 2         county to levy service charges for court

 3         mediation and arbitration; amending s. 55.505,

 4         F.S.; increasing the service charge for

 5         recording a foreign judgment; amending s.

 6         55.10, F.S.; increasing the fee for serving a

 7         certificate of lien; creating s. 55.312, F.S.;

 8         imposing a service charge on certain money

 9         judgments and settlement agreements in excess

10         of a specified amount, except for dissolution

11         of marriage and breaches of contract; requiring

12         proceeds of the charge to be used to pay court

13         costs; providing for the service charge to be

14         paid by any party or allocated to more than one

15         party; requiring the Department of Revenue to

16         adopt rules to provide for remitting such

17         charge to the department for deposit into the

18         General Revenue Fund; prohibiting an attorney

19         from disbursing certain proceeds until service

20         charge is paid; providing a penalty for failure

21         to pay the service charge; requiring the

22         Department of Revenue to report to the

23         Legislature each year on the amount received in

24         the prior calendar year; amending s. 61.14,

25         F.S.; increasing certain fees assessed for

26         delinquency of child support and alimony;

27         amending s. 142.01, F.S.; providing for the

28         clerk of the court to establish a fine and

29         forfeiture fund in each county to be used to

30         pay the costs of court-related functions;

31         deleting provisions authorizing counties to

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    Florida Senate - 2003                           CS for SB 1492
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 1         receive funds to pay the cost of criminal

 2         prosecutions and transfer excess funds to the

 3         county general fund; amending s. 142.02, F.S.;

 4         limiting the use of county funds from a levy of

 5         a special tax to pay for the cost of criminal

 6         prosecutions; amending s. 142.03, F.S.;

 7         requiring that fines and forfeitures be used to

 8         pay the costs of court-related functions;

 9         amending s. 142.15, F.S.; requiring that fees

10         collected by the sheriff be remitted to the

11         clerk in the county where the crime was alleged

12         to have been committed; amending s. 142.16,

13         F.S.; requiring that fines and forfeitures be

14         remitted to the clerk in the county in which

15         the case was adjudicated; amending s. 145.022;

16         prohibiting a county from appropriating a

17         salary to the clerk of the court based on the

18         fees collected; amending s. 212.20, F.S.;

19         revising the distribution of the proceeds from

20         certain local-option taxes; amending s. 218.35,

21         F.S.; deleting provisions requiring the clerk

22         of the court to file a budget with the state

23         court administrator and the board of county

24         commissioners; amending s. 318.15, F.S.;

25         increasing various fees for persons failing to

26         comply with civil penalties, attend driver

27         improvement school, or appear at a hearing;

28         amending s. 318.18, F.S.; increasing various

29         fees for penalties for noncriminal

30         dispositions; creating additional charges and

31         fees to be paid to the clerk of the court;

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    Florida Senate - 2003                           CS for SB 1492
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 1         increasing the fee to dismiss citations and the

 2         administrative fee for cases in which

 3         adjudication is withheld; amending s. 318.21,

 4         F.S.; increasing the portion of civil penalties

 5         which are paid to the clerk of the court;

 6         amending s. 322.245, F.S.; increasing the

 7         delinquency fee for persons charged with

 8         specified criminal offenses who fail to comply

 9         with the directives of the court; amending s.

10         327.73, F.S.; increasing the charge for court

11         costs for failure to comply with the court's

12         requirements or failure to pay specified civil

13         penalties; amending s. 382.023, F.S.;

14         increasing the fee for dissolution of marriage;

15         increasing the portion to be retained by the

16         circuit court and the portion remitted to the

17         state; amending s. 713.24, F.S.; increasing the

18         fee for certain services performed by the clerk

19         of the court in transferring liens; amending s.

20         744.3135, F.S.; increasing the fee paid to the

21         clerk of the court for processing guardian

22         files; amending s. 744.365, F.S.; increasing

23         the fee paid to the clerk of the court for an

24         inventory filed by a guardian; deleting

25         provisions requiring that the county pay the

26         auditing fee when such fee is waived by the

27         court; amending s. 744.3678, F.S.; increasing

28         the fees paid by the guardian to the clerk of

29         the court for filing an annual financial

30         return; creating s. 921.26, F.S.; requiring

31         that certain court costs be collected before

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    Florida Senate - 2003                           CS for SB 1492
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 1         any other court cost; creating s. 938.02, F.S.;

 2         imposing a court cost against persons who plead

 3         guilty or nolo contendere, or who are convicted

 4         of any felony, misdemeanor, or criminal traffic

 5         offense; prohibiting the court from waiving the

 6         court cost; authorizing the collection of

 7         unpaid court costs from any moneys or accounts

 8         of incarcerated persons; providing for the

 9         clerk to retain a portion of the court cost

10         charge in misdemeanor cases or criminal traffic

11         cases; requiring all other court costs to be

12         remitted to the Department of Revenue for

13         deposit in the General Revenue Fund; amending

14         s. 938.05, F.S.; providing for disposition of

15         traffic fines; amending s. 938.35, F.S.;

16         authorizing the clerk of the court, rather than

17         the county, to collect fines, court costs, and

18         other charges through a private attorney or

19         collection agent; amending ss. 26.012, 27.06,

20         34.01, 48.20, 316.635, 373.603, 381.0012,

21         450.121, 560.306, 633.14, 648.44, 817.482,

22         828.122, 832.05, 876.42, 893.12, 901.01,

23         901.02, 901.07, 901.08, 901.09, 901.11, 901.12,

24         901.25, 902.15, 902.17, 902.20, 902.21, 903.03,

25         903.32, 903.34, 914.22, 923.01, 933.01, 933.06,

26         933.07, 933.10, 933.101, 933.13, 933.14,

27         939.02, 939.14, 941.13, 941.14, 941.15, 941.17,

28         941.18, 947.141, 948.06, 985.05, F.S., relating

29         to various court procedures; redesignating

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

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

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    Florida Senate - 2003                           CS for SB 1492
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 1         69.051, 70.51, 92.142, 112.41, 112.43, 112.47,

 2         162.03, 162.06, 162.09, 173.09, 173.10, 173.11,

 3         173.12, 194.013, 194.034, 194.035, 206.16,

 4         207.016, 320.411, 393.11, 394.467, 397.311,

 5         397.681, 447.207, 447.403, 447.405, 447.407,

 6         447.409, 475.011, 489.127, 489.531, 496.420,

 7         501.207, 501.618, 559.936, 582.23, 631.182,

 8         631.331, 633.052, 744.369, 760.11, 837.011,

 9         838.014, 839.17, 916.107, 938.30, 945.43, F.S.,

10         relating to various administrative and judicial

11         proceedings; redesignating "masters" and

12         "general or special masters" as "general or

13         special magistrates"; repealing ss. 142.04,

14         142.05, 142.06, 142.07, 142.08, 142.09, 142.10,

15         142.11, 142.12, 142.13, and 939.18, F.S.,

16         relating to compensation to witnesses and

17         others from the fine and forfeiture fund and

18         the imposition of additional court costs used

19         by the county in paying for court facilities;

20         providing effective dates.

21  

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

23  

24         Section 1.  Effective July 1, 2004, section 27.3455,

25  Florida Statutes, is amended to read:

26         27.3455  Annual statement of certain revenues and

27  expenditures.--

28         (1)  Each county shall submit annually to the Chief

29  Financial Officer Comptroller a statement of revenues and

30  expenditures as set forth in this section in the form and

31  manner prescribed by the Chief Financial Officer Comptroller

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    Florida Senate - 2003                           CS for SB 1492
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 1  in consultation with the Legislative Committee on

 2  Intergovernmental Relations, provided that such statement

 3  identify total county expenditures on:

 4         (a)  Medical examiner services.

 5         (b)  County victim witness programs.

 6         (c)  each of the services outlined in s. 29.008 ss.

 7  27.34(2) and 27.54(3).

 8         (d)  Appellate filing fees in criminal cases in which

 9  an indigent defendant appeals a judgment of a county or

10  circuit court to a district court of appeal or the Florida

11  Supreme Court.

12         (e)  Other court-related costs of the state attorney

13  and public defender that were paid by the county where such

14  costs were included in a judgment or order rendered by the

15  trial court against the county.

16  

17  Such statement also shall identify the revenues provided by s.

18  938.05(1) that were used to meet or reimburse the county for

19  such expenditures.

20         (2)(a)  Within 6 months of the close of the local

21  government fiscal year, each county shall submit to the Chief

22  Financial Officer Comptroller a statement of compliance from

23  its independent certified public accountant, engaged pursuant

24  to s. 218.39, that the certified statement of expenditures was

25  in accordance with s. 29.008 ss. 27.34(2), 27.54(3), and this

26  section. All discrepancies noted by the independent certified

27  public accountant shall be included in the statement furnished

28  by the county to the Chief Financial Officer Comptroller.

29         (b)  Should the Comptroller determine that additional

30  auditing procedures are appropriate because:

31  

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    Florida Senate - 2003                           CS for SB 1492
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 1         1.  The county failed to submit timely its annual

 2  statement;

 3         2.  Discrepancies were noted by the independent

 4  certified public accountant; or

 5         3.  The county failed to file before March 31 of each

 6  year the certified public accountant statement of compliance,

 7  the Comptroller is hereby authorized to send his or her

 8  personnel or to contract for services to bring the county into

 9  compliance.  The costs incurred by the Comptroller shall be

10  paid promptly by the county upon certification by the

11  Comptroller.

12         (c)  Where the Comptroller elects to utilize the

13  services of an independent contractor, such certification by

14  the Comptroller may require the county to make direct payment

15  to a contractor. Any funds owed by a county in such matters

16  shall be recovered pursuant to s. 17.04 or s. 17.041.

17         (3)  The priority for the allocation of funds collected

18  pursuant to s. 938.05(1) shall be as follows:

19         (a)  Forty percent of funds collected monthly shall be

20  deposited by the clerk in the General Revenue Fund for the

21  state.

22         (b)  Twenty percent shall be deposited by the clerk in

23  a trust fund administered by the Justice Administration

24  Commission for the benefit of the state attorney. The Justice

25  Administrative Commission shall account for these funds on a

26  circuit basis, and appropriations from the fund shall be

27  proportional to each circuit's collections.

28         (c)  Twenty percent shall be deposited by the clerk in

29  the Indigent Criminal Defense Trust Fund pursuant to s.

30  27.525. The Justice Administrative Commission shall account

31  

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    Florida Senate - 2003                           CS for SB 1492
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 1  for these funds on a circuit basis, and appropriations from

 2  the fund shall be proportional to each circuit's collections.

 3         (d)  Twenty percent shall be deposited by the clerk in

 4  the Court Education Fund pursuant to s. 25.384.

 5         (a)  Reimbursement to the county for actual county

 6  expenditures incurred in providing the state attorney and

 7  public defender the services outlined in ss. 27.34(2) and

 8  27.54(3), with the exception of office space, utilities, and

 9  custodial services.

10         (b)  At the close of the local government fiscal year,

11  funds remaining on deposit in the special trust fund of the

12  county after reimbursements have been made pursuant to

13  paragraph (a) shall be reimbursed to the county for actual

14  county expenditures made in support of the operations and

15  services of medical examiners, including the costs associated

16  with the investigation of state prison inmate deaths. Special

17  county trust fund revenues used to reimburse the county for

18  medical examiner expenditures in any year shall not exceed $1

19  per county resident.

20         (c)  At the close of the local government fiscal year,

21  counties establishing or having in existence a comprehensive

22  victim-witness program which meets the standards set by the

23  Crime Victims' Services Office shall be eligible to receive 50

24  percent matching moneys from the balance remaining in the

25  special trust fund after reimbursements have been made

26  pursuant to paragraphs (a) and (b).  Special trust fund moneys

27  used in any year to supplement such programs shall not exceed

28  25 cents per county resident.

29         (d)  At the close of the local government fiscal year,

30  funds remaining in the special trust fund after reimbursements

31  have been made pursuant to paragraphs (a), (b), and (c) shall

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    Florida Senate - 2003                           CS for SB 1492
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 1  be used to reimburse the county for county costs incurred in

 2  the provision of office space, utilities, and custodial

 3  services to the state attorney and public defender, for county

 4  expenditures on appellate filing fees in criminal cases in

 5  which an indigent defendant appeals a judgment of a county or

 6  circuit court to a district court of appeal or the Florida

 7  Supreme Court, and for county expenditures on court-related

 8  costs of the state attorney and public defender that were paid

 9  by the county, provided that such court-related costs were

10  included in a judgment or order rendered by the trial court

11  against the county.  Where a state attorney or a public

12  defender is provided space in a county-owned facility,

13  responsibility for calculating county costs associated with

14  the provision of such office space, utilities, and custodial

15  services is hereby vested in the Comptroller in consultation

16  with the Legislative Committee on Intergovernmental Relations.

17         (4)  At the end of the local government fiscal year,

18  all funds remaining on deposit in the special trust fund after

19  all reimbursements have been made as provided for in

20  subsection (3) shall be forwarded to the Treasurer for deposit

21  in the General Revenue Fund of the state.

22         (4)(5)  The Chief Financial Officer Comptroller shall

23  adopt any rules necessary to implement his or her

24  responsibilities pursuant to this section.

25         Section 2.  Effective July 1, 2004, section 27.562,

26  Florida Statutes, is amended to read:

27         27.562  Disposition of funds.--All funds collected

28  pursuant to s. 938.29, except the application fee imposed

29  under s. 27.52, shall be allocated as follows: remitted to the

30  board of county commissioners of the county in which the

31  judgment was entered.  Such funds shall be placed in the fine

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 1  and forfeiture fund of that county to be used to defray the

 2  expenses incurred by the county in defense of criminal

 3  prosecutions.  All judgments entered pursuant to this part

 4  shall be in the name of the county in which the judgment was

 5  rendered.

 6         (a)  Forty percent of funds collected monthly shall be

 7  deposited by the clerk in the General Revenue Fund for the

 8  state.

 9         (b)  Twenty percent shall be deposited by the clerk in

10  a trust fund administered by the Justice Administration

11  Commission for the benefit of the state attorney. The Justice

12  Administrative Commission shall account for these funds on a

13  circuit basis, and appropriations from the fund shall be

14  proportional to each circuit's collections.

15         (c)  Twenty percent shall be deposited by the clerk in

16  the Indigent Criminal Defense Trust Fund pursuant to s.

17  27.525. The Justice Administrative Commission shall account

18  for these funds on a circuit basis, and appropriations from

19  the fund shall be proportional to each circuit's collections.

20         (d)  Twenty percent shall be deposited by the clerk in

21  the Court Education Fund pursuant to s. 25.384.

22         Section 3.  Subsection (2) of section 28.101, Florida

23  Statutes, is amended to read:

24         28.101  Petitions and records of dissolution of

25  marriage; additional charges.--

26         (2)  Upon receipt of a final judgment of dissolution of

27  marriage for filing, and in addition to the filing charges in

28  s. 28.241, the clerk shall collect and receive a service

29  charge of $10.50 $7 pursuant to s. 382.023 for the recording

30  and reporting of such final judgment of dissolution of

31  marriage to the Department of Health.

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 1         Section 4.  Section 43.195, Florida Statutes, is

 2  renumbered as section 28.213, Florida Statutes, and amended to

 3  read:

 4         28.213 43.195  Disposal of physical evidence filed as

 5  exhibits.--The clerk of any circuit court or county court may

 6  dispose of items of physical evidence which have been held as

 7  exhibits in excess of 3 years in cases on which no appeal, or

 8  collateral attack, is pending or can be made.  Items of

 9  evidence having no monetary value which are designated by the

10  clerk for removal shall be disposed of as unusable refuse.

11  Items of evidence having a monetary value which are designated

12  for removal by the clerk shall be sold and the revenue placed

13  in the clerk's general revenue fund.

14         Section 5.  Section 28.24, Florida Statutes, is amended

15  to read:

16         28.24  Service charges by clerk of the circuit

17  court.--The clerk of the circuit court shall make the

18  following charges for services rendered by the clerk's office

19  in recording documents and instruments and in performing the

20  duties enumerated. However, in those counties where the

21  clerk's office operates as a fiscal unit of the county

22  pursuant to s. 145.022(1), the clerk shall not charge the

23  county for such services.

24  

25                                                         Charges

26  

27         (1)  For civil court attendance by each clerk or deputy

28  clerk, per day, assessed against the nonprevailing

29  party...........................................$112.50 $75.00

30         (2)  For court minutes, per page..............7.50 5.00

31  

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 1         (3)  For examining, comparing, correcting, verifying,

 2  and certifying transcripts of record in appellate proceedings,

 3  prepared by attorney for appellant or someone else other than

 4  clerk per page.......................................4.50 3.00

 5         (4)  For preparing, numbering, and indexing an original

 6  record of appellate proceedings, per instrument......3.00 2.00

 7         (5)  For certifying copies of any instrument in the

 8  public records.......................................1.50 1.00

 9         (6)  For verifying any instrument presented for

10  certification prepared by someone other than clerk,

11  per page............................................ 3.00 2.00

12         (7)  For making and reporting payrolls of jurors to

13  State Comptroller, per page, per copy................7.50 5.00

14         (8)(a)  For making copies by photographic process of

15  any instrument in the public records consisting of pages of

16  not more than 14 inches by 8 1/2  inches, per page........1.00

17         (b)  For making copies by photographic process of any

18  instrument in the public records of more than 14 inches by 8

19  1/2  inches, per page.....................................5.00

20         (9)  For making microfilm copies of any public records:

21         (a)  16 mm 100' microfilm roll..............37.50 25.00

22         (b)  35 mm 100' microfilm roll..............52.50 35.00

23         (c)  Microfiche, per fiche....................3.00 2.00

24         (10)  For copying any instrument in the public records

25  by other than photographic process, per page.........6.00 4.00

26         (11)  For writing any paper other than herein

27  specifically mentioned, same as for copying, including signing

28  and sealing..........................................6.00 4.00

29         (12)  For indexing each entry not recorded.........1.00

30         (13)  For receiving money into the registry of court:

31         (a)1.  First $500, percent..........................3 2

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 1         2.  Each subsequent $100, percent.................1.5 1

 2         (b)  Eminent domain actions, per deposit........$150.00

 3  $100.00

 4         (14)  For examining, certifying, and recording plats

 5  and for recording condominium exhibits larger than 14 inches

 6  by 8 1/2  inches:

 7         (a)  First page...................................30.00

 8         (b)  Each additional page.........................15.00

 9         (15)  For recording, indexing, and filing any

10  instrument not more than 14 inches by 8 1/2  inches, including

11  required notice to property appraiser where applicable:

12         (a)  First page or fraction thereof................5.00

13         (b)  Each additional page or fraction thereof......4.00

14         (c)  For indexing instruments recorded in the official

15  records which contain more than four names, per additional

16  name......................................................1.00

17         (d)  An additional service charge shall be paid to the

18  clerk of the circuit court to be deposited in the Public

19  Records Modernization Trust Fund for each instrument listed in

20  s. 28.222, except judgments received from the courts and

21  notices of lis pendens, recorded in the official records:

22         1.  First page.....................................1.00

23         2.  Each additional page...........................0.50

24  

25  Said fund shall be held in trust by the clerk and used

26  exclusively for equipment and maintenance of equipment,

27  personnel training, and technical assistance in modernizing

28  the public records system of the office.  In a county where

29  the duty of maintaining official records exists in an office

30  other than the office of the clerk of the circuit court, the

31  clerk of the circuit court is entitled to 25 percent of the

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 1  moneys deposited into the trust fund for equipment,

 2  maintenance of equipment, training, and technical assistance

 3  in modernizing the system for storing records in the office of

 4  the clerk of the circuit court.  The fund may not be used for

 5  the payment of travel expenses, membership dues, bank charges,

 6  staff-recruitment costs, salaries or benefits of employees,

 7  construction costs, general operating expenses, or other costs

 8  not directly related to obtaining and maintaining equipment

 9  for public records systems or for the purchase of furniture or

10  office supplies and equipment not related to the storage of

11  records. On or before December 1, 1995, and on or before

12  December 1 of each year immediately preceding each year during

13  which the trust fund is scheduled for legislative review under

14  s. 19(f)(2), Art. III of the State Constitution, each clerk of

15  the circuit court shall file a report on the Public Records

16  Modernization Trust Fund with the President of the Senate and

17  the Speaker of the House of Representatives. The report must

18  itemize each expenditure made from the trust fund since the

19  last report was filed; each obligation payable from the trust

20  fund on that date; and the percentage of funds expended for

21  each of the following:  equipment, maintenance of equipment,

22  personnel training, and technical assistance.  The report must

23  indicate the nature of the system each clerk uses to store,

24  maintain, and retrieve public records and the degree to which

25  the system has been upgraded since the creation of the trust

26  fund.

27         (16)  Oath, administering, attesting, and sealing, not

28  otherwise provided for herein........................3.00 2.00

29         (17)  For validating certificates, any authorized

30  bonds, each..........................................3.00 2.00

31         (18)  For preparing affidavit of domicile..........5.00

                                  17

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 1         (19)  For exemplified certificates, including signing

 2  and sealing..........................................6.00 4.00

 3         (20)  For authenticated certificates, including signing

 4  and sealing..........................................6.00 4.00

 5         (21)(a)  For issuing and filing a subpoena for a

 6  witness, not otherwise provided for herein (includes writing,

 7  preparing, signing, and sealing).....................6.00 4.00

 8         (b)  For signing and sealing only.............1.50 1.00

 9         (22)  For issuing venire facias (includes writing,

10  preparing, signing, and sealing).....................7.50 5.00

11         (23)  For paying of witnesses and making and reporting

12  payroll to State Comptroller, per copy, per page.....7.50 5.00

13         (24)  For approving bond......................7.50 5.00

14         (25)  For searching of records, for each year's

15  search...............................................1.50 1.00

16         (26)  For processing an application for a tax deed sale

17  (includes application, sale, issuance, and preparation of tax

18  deed, and disbursement of proceeds of sale), other than excess

19  proceeds.................................................60.00

20         (27)  For disbursement of excess proceeds of tax deed

21  sale, first $100 or fraction thereof.....................10.00

22         (28)  Upon receipt of an application for a marriage

23  license, for preparing and administering of oath; issuing,

24  sealing, and recording of the marriage license; and providing

25  a certified copy...................................30.00 20.00

26         (29)  For solemnizing matrimony.............30.00 20.00

27         (30)  For sealing any court file or expungement of any

28  record.............................................37.50 25.00

29         (31)  For receiving and disbursing all restitution

30  payments, per payment................................3.00 2.00

31  

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 1         (32)  Postal charges incurred by the clerk of the

 2  circuit court in any mailing by certified or registered mail

 3  shall be paid by the party at whose instance the mailing is

 4  made.

 5         (33)  For furnishing an electronic copy of information

 6  contained in a computer database: a fee as provided for in

 7  chapter 119.

 8         Section 6.  Section 28.241, Florida Statutes, is

 9  amended to read:

10         28.241  Filing charges for trial and appellate

11  proceedings.--

12         (1)(a)  The party instituting any civil action, suit,

13  or proceeding in the circuit court shall pay to the clerk of

14  that court an initial a service charge of $300 $40 in all

15  cases in which there are not more than five defendants and an

16  additional service charge of $2 for each defendant in excess

17  of five. Sixty-five dollars of the initial filing fee must be

18  remitted by the clerk to the Department of Revenue for deposit

19  into the General Revenue Fund; $2.50 of the initial filing fee

20  must be remitted by the clerk to the Department of Revenue for

21  deposit into the Court Education Trust Fund; $5 must be

22  remitted by the clerk of the court to the Florida Association

23  of Court Clerks for deposit in the Clerk of the Court

24  Operations Conference Operating Fund and $10 must be remitted

25  by the clerk of the court to the Florida Association of Court

26  Clerks for deposit in the Clerk of the Court Operations

27  Conference Contingency Fund. An additional service charge of

28  $15 $10 shall be paid by the party seeking each severance that

29  is granted. An additional service charge of $75 $35 shall be

30  paid to the clerk for all proceedings of garnishment,

31  attachment, replevin, and distress. An additional service

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 1  charge of $8 shall be paid to the clerk for each civil action

 2  filed, $7 of such charge to be remitted by the clerk to the

 3  Department of Revenue for deposit into the General Revenue

 4  Fund unallocated. An additional charge of $2.50 shall be paid

 5  to the clerk for each civil action brought in circuit or

 6  county court, to be remitted by the clerk to the Department of

 7  Revenue for deposit into the Court Education Trust Fund.

 8  Service charges in excess of those herein fixed may be imposed

 9  by the governing authority of the county by ordinance or by

10  special or local law; and such excess shall be expended as

11  provided by such ordinance or any special or local law, now or

12  hereafter in force, to provide and maintain facilities,

13  including a law library, for the use of the courts of the

14  county wherein the service charges are collected; to provide

15  and maintain equipment; or for a legal aid program in such

16  county. In addition, the county is authorized to impose, by

17  ordinance or by special or local law, a fee of up to $15 for

18  each civil action filed, for the establishment, maintenance,

19  or supplementation of a public guardian pursuant to ss.

20  744.701-744.708, inclusive. Postal charges incurred by the

21  clerk of the circuit court in making service by certified or

22  registered mail on defendants or other parties shall be paid

23  by the party at whose instance service is made. That part of

24  the within fixed or allowable service charges which is not by

25  local or special law applied to the special purposes shall

26  constitute the total service charges of the clerk of such

27  court for all services performed by him or her in civil

28  actions, suits, or proceedings. No additional fees, charges,

29  or costs shall be added to the initial service charge except

30  as authorized by general law. The sum of all service charges

31  and fees permitted under this subsection may not exceed $200;

                                  20

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 1  however, the $200 cap may be increased to $210 in order to

 2  provide for the establishment, maintenance, or supplementation

 3  of a public guardian as indicated in this subsection.

 4         (b)  A party reopening any civil action, suit, or

 5  proceeding in the circuit court shall pay to the clerk of

 6  court a filing fee set by the clerk in an amount not to exceed

 7  $50. In the case of a petition for modification of a final

 8  judgement of dissolution, that portion of the fee paid

 9  pursuant to s. 44.108 shall be deducted from the fee required

10  in this paragraph. For purposes of this section, a case is

11  reopened when a case previously reported as disposed of is

12  resubmitted to a court.

13         (2)  The clerk of the circuit court of any county in

14  the state who operates his or her office from fees and service

15  charges collected, as opposed to budgeted allocations from

16  county general revenue, shall be paid by the county as service

17  charges for all services to be performed by him or her in any

18  criminal or juvenile action or proceeding in such court, in

19  lieu of all other service charges heretofore charged, except

20  as hereinafter provided, the sum of $40 for each defendant or

21  juvenile. However, in cases involving capital punishment the

22  charge shall be $50. In any county where a law creates a law

23  library fund or other special fund, this charge may be

24  increased for that purpose by a special or local law or an

25  ordinance. The sum of all service charges and fees permitted

26  under this subsection may not exceed $200.

27         (2)(3)  Upon the institution of any appellate

28  proceeding from any inferior court to the circuit court of any

29  such county or from the circuit court to an appellate court of

30  the state, the clerk shall charge and collect from the party

31  or parties instituting such appellate proceedings a service

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 1  charge of $250 $75 for filing a notice of appeal from an

 2  inferior court or and $50 for filing a notice of appeal to a

 3  higher court.

 4         (3)(4)  A service charge or a fee may not be imposed

 5  upon a party for responding by pleading, motion, or other

 6  paper to a civil or criminal action, suit, proceeding, or

 7  appeal in a circuit court.

 8         (4)(5)  The fees prescribed in this section do not

 9  include the service charges required by law for the clerk as

10  provided in s. 28.24 or by other sections of the Florida

11  Statutes. Service charges authorized by this section may not

12  be added to any civil penalty imposed by chapter 316 or

13  chapter 318.

14         Section 7.  Section 28.2401, Florida Statutes, is

15  amended to read:

16         28.2401  Service charges in probate matters.--

17         (1)  Except when otherwise provided, the initial

18  service charges for the following services shall be:

19         (a)  For the opening of any estate of one document or

20  more, including, but not limited to, petitions and orders to

21  approve settlement of minor's claims; to open a safe-deposit

22  box; to enter rooms and places; for the determination of

23  heirs, if not formal administration; and for a foreign

24  guardian to manage property of a nonresident; but not to

25  include issuance of letters or order of summary and family

26  administration..................................$100.00 $20.00

27         (b)  Caveat................................100.00 15.00

28         (c)  Petition and order to admit foreign wills,

29  authenticated copies, exemplified copies, or transcript to

30  record............................................100.00 30.00

31  

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 1         (d)  For disposition of personal property without

 2  administration....................................100.00 20.00

 3         (e)  Summary administration................200.00 35.00

 4         (f)  Family administration.....................60 45.00

 5         (g)  Formal administration, guardianship, ancillary,

 6  curatorship, or conservatorship proceedings.......250.00 75.00

 7         (h)  Guardianship proceedings of person

 8  only..............................................100.00 25.00

 9         (i)  Veterans' guardianship pursuant to chapter

10  744...............................................100.00 25.00

11         (j)  Exemplified certificates.................6.00 4.00

12         (k)  Petition for determination of

13  incompetency......................................100.00 25.00

14         (2)  Upon application by the clerk and a showing of

15  extraordinary circumstances, the service charges set forth in

16  this section may be increased in an individual matter by order

17  of the circuit court before which the matter is pending, to

18  more adequately compensate for the services performed.

19         (3)  Service charges in excess of those fixed in this

20  section may be imposed by the governing authority of the

21  county by ordinance, or by special or local law, to provide

22  and maintain facilities, including a law library; to or local

23  law, to provide and maintain facilities, including a law

24  library; to provide and maintain equipment; or to provide or

25  maintain a legal aid program. Service charges other than those

26  fixed in this section shall be governed by s. 28.24. An

27  additional service charge of $2.50 on petitions seeking

28  summary administration, family administration, formal

29  administration, ancillary administration, guardianship,

30  curatorship, and conservatorship shall be paid to the clerk.

31  The clerk shall transfer the $2.50 to the Department of

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 1  Revenue for deposit into the Court Education Trust Fund. No

 2  additional fees, charges, or costs shall be added to the

 3  initial service charges except as authorized by general law.

 4         (4)  Recording shall be required for all petitions

 5  opening and closing an estate; petitions regarding real

 6  estate; and orders, letters, bonds, oaths, wills, proofs of

 7  wills, returns, and such other papers as the judge shall deem

 8  advisable to record or that shall be required to be recorded

 9  under the Florida Probate Law.

10         Section 8.  Section 28.2402, Florida Statutes, is

11  created to read:

12         28.2402  Additional costs for performance of clerk

13  court-related functions.--The sum of $200 shall be assessed to

14  a county or municipality when filing a county or municipal

15  code or ordinance violation in civil court. The $200 fee shall

16  be paid to the clerk of the circuit and county court for

17  performing his or her court-related functions.

18         Section 9.  Effective July 1, 2003, section 28.246,

19  Florida Statutes, is created to read:

20         28.246  Payment of court-related fees, charges, and

21  costs; partial payments; distribution of funds.--

22         (1)  Beginning July 1, 2003, the clerk of the circuit

23  court shall report the following information to the

24  Legislature on a form developed by the Department of Financial

25  Services:

26         (a)  The total amount of mandatory fees, service

27  charges, and costs; the total amount actually assessed; the

28  total amount discharged or waived; and the total amount

29  collected.

30         (b)  The maximum amount of discretionary fees, service

31  charges, and costs authorized; the total amount actually

                                  24

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 1  assessed; the total amount discharged or waived; and the total

 2  amount collected.

 3         (c)  The total amount of mandatory fines and other

 4  monetary penalties; the total amount assessed; the total

 5  amount discharged or waived; and the total amount collected.

 6         (d)  The maximum amount of mandatory fines and other

 7  monetary penalties; the total amount assessed; the total

 8  amount discharged or waived; and the total amount collected.

 9  

10  The clerk shall submit the report 30 days after the end of

11  each quarter for the period from July 1, 2003, through June

12  30, 2004, and annually thereafter, 60 days after the end of

13  the county fiscal year.

14         (2)  The clerk of the circuit court shall establish and

15  maintain a system of accounts receivable for court-related

16  fees, charges, and costs.

17         (3)  Each clerk of the circuit court shall enter into a

18  payment plan with defendants determined to be indigent and who

19  demonstrate an inability to pay court-related fees, charges,

20  and costs in full.

21         (4)  The clerk of the circuit court shall accept

22  partial payments for unpaid court-related fees, charges, and

23  costs in accordance with the terms of an established payment

24  plan.

25         (5)  When receiving partial payment of fees, service

26  charges, court costs, and fines, clerks shall distribute funds

27  according to the following order of priority:

28         (a)  That portion of fees, service charges, court

29  costs, and fines payable to the clerk.

30         (b)  That portion of fees, service charges, court

31  costs, and fines payable to the state for Article V-related

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 1  purposes, allocated on a pro rata basis among the various

 2  authorized recipients if the total collection amount is

 3  insufficient to fully fund all such recipients as provided by

 4  law.

 5         (c)  That portion of fees, service charges, court

 6  costs, and fines payable to the General Revenue Fund.

 7         (d)  That portion of fees, service charges, court

 8  costs, and fines payable to the state for other non-Article

 9  V-related purposes, allocated on a pro rata basis among the

10  various authorized recipients if the total collection amount

11  is insufficient to fully fund all such recipients as provided

12  by law.

13         (e)  That portion of fees, service charges, court

14  costs, and fines payable to counties, municipalities, or other

15  local entities, allocated on a pro rata basis among the

16  various authorized recipients if the total collection amount

17  is insufficient to fully fund all such recipients as provided

18  by law.

19  

20  To offset processing costs, each clerk may retain up to 1

21  percent of all collections of fees, service charges, court

22  costs, and fines payable to other entities, except as

23  otherwise provided by general law.

24         (6)  A clerk of court may pursue the collection of any

25  fines, court costs, or other costs imposed by the court which

26  remain unpaid for 90 days or longer, or refer such collection

27  to a private attorney who is a member in good standing of The

28  Florida Bar or collection agent who is registered and in good

29  standing pursuant to chapter 559. In pursuing the collection

30  of such unpaid financial obligations through a private

31  attorney or collection agent, the clerk of the court must

                                  26

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 1  determine that the collection is cost-effective and follow

 2  applicable procurement practices.

 3         Section 10.  Effective May 1, 2004, section 28.35,

 4  Florida Statutes, is created to read:

 5         28.35  Clerk of Court Operations Conference.--

 6         (1)  The Clerk of Court Operations Conference is

 7  created and shall be composed of:

 8         (a)  Four clerks appointed by the Florida Association

 9  of Court Clerks, with one clerk from a county of fewer than

10  100,000 residents, one clerk from a county of more than

11  100,000 residents but fewer than 500,000 residents, one clerk

12  from a county of more than 500,000 residents but fewer than 1

13  million residents, and one clerk from a county of more than 1

14  million residents.

15         (b)  The Chief Justice of the Supreme Court or his or

16  her designee.

17         (2)  The duties of the conference shall include:

18         (a)  Periodically recommending to the Legislature

19  changes in the various court-related fee and services charge

20  schedules established by law to ensure reasonable and adequate

21  funding of the clerks of the circuit court in the performance

22  of their court-related duties.

23         (b)  Establishing a process for the review of

24  court-related budgets submitted by clerks of the circuit court

25  pursuant to s. 28.36 and determining the appropriate payments

26  to be made from the Clerk of Court Operations Conference

27  Contingency Fund established by subparagraph (3)(b) to any

28  clerk of the circuit court whose reasonable and necessary

29  expenditures for court-related duties exceed anticipated

30  available revenues for that office.

31  

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 1         (c)  Developing and implementing a system of

 2  performance accountability measurements that provides for the

 3  objective accountability of each clerk of the circuit court

 4  for fiscal management and efficient operations.

 5         (d)  Developing and implementing an appropriate program

 6  for clerk education which shall be funded from operating funds

 7  of the conference.

 8         (e)  Recommending to the Legislature appropriate plans

 9  for the development, implementation, and operation of an

10  integrated, comprehensive statewide case-information system

11  that provides for uniform case information to be accessed by

12  all clerks and elements of the state courts system.

13         (3)  The Florida Association of Court Clerks shall

14  operate a depository to receive, maintain, and disburse funds

15  to pay for the duties and responsibilities of the conference

16  enumerated in this section. The depository must maintain funds

17  in two financial accounts as follows:

18         (a)  The Clerk of Court Operations Conference Operating

19  Fund shall be funded by fees collected by the clerk for filing

20  a civil action in circuit court as provided in s. 28.241 and

21  remitted to the Florida Association of Court Clerks

22  depository. These funds shall be available to the conference

23  for the performance of the duties and responsibilities as set

24  forth in this section, except for the satisfaction of deficits

25  in individual clerk budgets as described in paragraph (2).

26         (b)  The Clerk of Court Operations Conference

27  Contingency Fund shall be funded by fees collected by the

28  clerk for filing a civil action in circuit court as provided

29  in s. 28.241 and remitted to the Florida Association of Court

30  Clerks depository. These funds must be used exclusively for

31  payment to any clerk of the circuit court when it is

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 1  determined by the conference that the revenues available to a

 2  clerk's office are not sufficient to satisfy the reasonable

 3  and appropriate expenditures necessary to perform the

 4  constitutionally and statutorily required court-related duties

 5  of the office.

 6         Section 11.  Effective May 1, 2004, section 28.36,

 7  Florida Statutes, is created to read:

 8         28.36  Budget procedure.--There is established a budget

 9  procedure for the court-related functions of the clerks of the

10  circuit court.

11         (1)  For the period July 1, 2004, through September 30,

12  2004, and for each fiscal year ending September 30 thereafter,

13  each clerk of the circuit court shall prepare a budget

14  relating solely to the performance of the court-related

15  functions.

16         (2)  Each budget shall conform to the following

17  requirements:

18         (a)  On May 1, 2004, for the fiscal period of July 1,

19  2004, through September 30, 2004, and on or before September 1

20  for each fiscal year thereafter, the budget shall be prepared,

21  summarized, and submitted by the clerk in each county to the

22  Clerk of Court Operations Conference in the manner and form

23  prescribed by the conference. The budget must provide detailed

24  information on the anticipated revenues available and

25  expenditures necessary for the performance of the

26  court-related functions of the clerk's office for the county

27  fiscal year beginning the following October 1.

28         (b)  The budget must be balanced, such that the total

29  of the estimated revenues available, including cash balances

30  brought forward from the prior fiscal period, and supplemental

31  revenue that may be requested pursuant to subsection (3) must

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 1  equal or exceed the total of the anticipated expenditures and

 2  reserves. The anticipated expenditures must be itemized as

 3  required by the Clerk of Court Operations Conference.

 4         (c)  Provision may be made for a reserve for

 5  contingencies not to exceed 10 percent of the total budget.

 6         (3)  If a clerk of the circuit court estimates that

 7  available revenues are insufficient to meet the anticipated

 8  court-related expenditures of his or her office, the clerk

 9  must certify to the Clerk of Court Operations conference, in

10  the manner and form prescribed by the Conference, a request

11  for supplemental funding from the Clerk of Court Operations

12  Conference Contingency Fund as necessary to comply with the

13  balanced-budget requirement of this section.

14         Section 12.  Section 28.37, Florida Statutes, is

15  created to read:

16         28.37  Excess revenues remitted to the state.--

17         (1)  Selected salaries, costs, and expenses of the

18  state court system and court-related functions shall be funded

19  from a portion of the revenues derived from statutory fees and

20  service charges collected by the clerks of the circuit and

21  county courts pursuant to the budgetary requirements

22  established in s. 28.36.

23         (2)  Beginning January 1, 2005, for the fiscal period

24  July 1, 2004, through September 30, 2004, and each January 1

25  thereafter for each preceding fiscal period of October 1

26  through September 30, the clerk of the circuit court must

27  remit to the State Treasury for deposit in the General Revenue

28  Fund the excess revenues from statutory fees and service

29  charges collected for the clerk's court-related functions over

30  the amount needed to meet budget requirements established

31  under. s. 28.36.

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 1         Section 13.  Effective July 1, 2004, subsection (2) of

 2  section 34.032, Florida Statutes, is amended to read:

 3         34.032  Power of clerk to appoint deputies.--

 4         (2)  Any deputy county court clerk appointed for the

 5  sole purpose of issuing arrest warrants for violation of

 6  chapter 316 or county or municipal ordinances triable in the

 7  county courts shall have and exercise only those powers of the

 8  clerk which are required to achieve such limited purpose, and

 9  shall be funded by the county.

10         Section 14.  Section 34.041, Florida Statutes, is

11  amended to read:

12         34.041  Filing fees Service charges and costs.--

13         (1)  Upon the institution of any civil action or

14  proceeding in county court, the plaintiff, when filing an

15  action or proceeding, shall pay the following initial filing

16  fees service charges:

17         (a)  For all claims less than

18  $100........................................... $50.00 $10.00.

19         (b)  For all claims of $100 or more but not more than

20  $2,500.......................................... 150.00 25.00.

21         (c)  For all claims of more than

22  $2,500...........................................300.00 40.00.

23         (d)  In addition, for all proceedings of garnishment,

24  attachment, replevin, and distress................75.00 35.00.

25         (e)  For removal of tenant action.........300.00 35.00.

26  

27  Seven dollars of the initial filing fee shall be remitted by

28  the clerk to the Department of Revenue for deposit into the

29  General Revenue Fund of the state and $2.50 of the initial

30  filing fee shall be remitted by the clerk to the Department of

31  Revenue for deposit into the Court Education Trust Fund.

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 1  Postal charges incurred by the clerk of the county court in

 2  making service by mail on defendants or other parties shall be

 3  paid by the party at whose instance service is made.  Except

 4  as provided herein, service charges for performing duties of

 5  the clerk relating to the county court shall be as provided in

 6  ss. 28.24 and 28.241. Service charges in excess of those

 7  herein fixed may be imposed by the governing authority of the

 8  county by ordinance or by special or local law, and such

 9  excess shall be expended as provided by such ordinance or any

10  special or local law now or hereafter in force to provide and

11  maintain facilities, including a law library, for the use of

12  the county court in the county in which the charge is

13  collected; to provide and maintain equipment; or for a legal

14  aid program. All filing fees shall be retained as fee income

15  of the office of the clerk of circuit court. Initial filing

16  fees Service charges imposed by this section may not be added

17  to any penalty imposed by chapter 316 or chapter 318. No

18  additional fees, charges, or costs shall be added to the

19  initial filing fee except as authorized by general law. The

20  sum of all service charges and fees permitted under this

21  subsection may not exceed $200.

22         (2)  The judge shall have full discretionary power to

23  waive the prepayment of costs or the payment of costs accruing

24  during the action upon the sworn written statement of the

25  plaintiff and upon other satisfactory evidence of the

26  plaintiff's inability to pay such costs. When costs are so

27  waived, the notation to be made on the records shall be

28  "Prepayment of costs waived," or "Costs waived." The term

29  "pauper" or "in forma pauperis" shall not be employed. If a

30  party shall fail to pay accrued costs, though able to do so,

31  the judge shall have power to deny that party the right to

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 1  file any new case while such costs remain unpaid and,

 2  likewise, to deny such litigant the right to proceed further

 3  in any case pending. The award of other court costs shall be

 4  according to the discretion of the judge who may include

 5  therein the reasonable costs of bonds and undertakings and

 6  other reasonable court costs incident to the suit incurred by

 7  either party.

 8         (3)  In criminal proceedings in county courts, costs

 9  shall be taxed against a person in county court upon

10  conviction or estreature pursuant to chapter 939.  The

11  provisions of s. 28.241(2) shall not apply to criminal

12  proceedings in county court.

13         (4)  Upon the institution of any appellate proceeding

14  from the county court to the circuit court, there shall be

15  charged and collected from the party or parties instituting

16  such appellate proceedings, including appeals filed by a

17  county or municipality, filing fees a service charge as

18  provided in chapter 28.

19         (5)  A charge or a fee may not be imposed upon a party

20  for responding by pleading, motion, or other paper to a civil

21  or criminal action, suit, or proceeding in a county court or

22  to an appeal to the circuit court.

23         (6)  For purposes of this section, the term "plaintiff"

24  includes a county or municipality filing any civil action. In

25  addition to the filing fees provided in subsection (1), in all

26  civil cases, the sum of $7.00 per case shall be paid by the

27  plaintiff when filing an action for the purpose of funding the

28  court costs.  Such funds shall be remitted by the clerk to the

29  Department of Revenue for deposit to the General Revenue Fund.

30  

31  

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 1         Section 15.  Effective July 1, 2004, subsections (1)

 2  and (4) of section 34.191, Florida Statutes, are amended to

 3  read:

 4         34.191  Fines, forfeitures, and costs.--

 5         (1)  All fines and forfeitures arising from offenses

 6  tried in the county court shall be collected and accounted for

 7  by the clerk of the court and deposited in a special trust

 8  account. All fines and forfeitures received from violations of

 9  ordinances or misdemeanors committed within a county, or of

10  municipal ordinances committed within a municipality within

11  the territorial jurisdiction of the county court, shall be

12  paid monthly to the county or municipality respectively except

13  as provided in s. 318.21 or s. 943.25. All other fines and

14  forfeitures collected by the clerk shall be considered income

15  of the office of the clerk for use in performing court-related

16  duties of the office.

17         (4)  The clerk of the court board of county

18  commissioners may assign the collection of fines, court costs,

19  and other costs imposed by the court that are past due for 90

20  days or more to a private attorney or collection agency that

21  is licensed or registered in this state, if the clerk of the

22  court board of county commissioners determines that the

23  assignment is cost-effective and follows established bid

24  practices. The clerk of the court board of county

25  commissioners may authorize a fee to be added to the

26  outstanding balance to offset any collection costs that will

27  be incurred.

28         Section 16.  Effective July 1, 2004, section 44.108,

29  Florida Statutes, is amended to read:

30         44.108  Funding of mediation and

31  arbitration.--Mediation should be accessible to all parties

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 1  regardless of financial status.  Each board of county

 2  commissioners may support mediation and arbitration services

 3  by appropriating moneys from county revenues. and by:

 4         (1)  Levying, in addition to other service charges

 5  levied by law, a service charge of no more than $5 on any

 6  circuit court proceeding, which shall be deposited in the

 7  court's mediation-arbitration account fund under the

 8  supervision of the chief judge of the circuit in which the

 9  county is located; and

10         (2)  Levying, in addition to other service charges

11  levied by law, a service charge of no more than $5 on any

12  county court proceeding, which shall be deposited in the

13  county's mediation-arbitration account fund to be used to fund

14  county civil mediation services under the supervision of the

15  chief judge of the circuit in which the county is located.

16         (3)  Levying, in addition to other service charges

17  levied by law, a service charge of no more than $45 on any

18  petition for a modification of a final judgment of

19  dissolution, which shall be deposited in the court's family

20  mediation account fund to be used to fund family mediation

21  services under the supervision of the chief judge of the

22  circuit in which the county is located.

23         (4)  If a board of county commissioners levies the

24  service charge authorized in subsection (1), subsection (2),

25  or subsection (3), the clerk of the court shall forward $1 of

26  each charge to the Department of Revenue for deposit in the

27  state mediation and arbitration trust fund which is hereby

28  established.  Such fund shall be used by the Supreme Court to

29  carry out its responsibilities set forth in s. 44.106.

30         Section 17.  Subsection (3) of section 55.505, Florida

31  Statutes, is amended to read:

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 1         55.505  Notice of recording; prerequisite to

 2  enforcement.--

 3         (3)  No execution or other process for enforcement of a

 4  foreign judgment recorded hereunder shall issue until 30 days

 5  after the mailing of notice by the clerk and payment of a

 6  service charge of $37.50 $25 to the clerk. When an action

 7  authorized in s. 55.509(1) is filed, it acts as an automatic

 8  stay of the effect of this section.

 9         Section 18.  Subsection (5) of section 55.10, Florida

10  Statutes, is amended to read:

11         55.10  Judgments, orders, and decrees; lien of all,

12  generally; extension of liens; transfer of liens to other

13  security.--

14         (5)  Any lien claimed under this section may be

15  transferred, by any person having an interest in the real

16  property upon which the lien is imposed or the contract under

17  which the lien is claimed, from such real property to other

18  security by either depositing in the clerk's office a sum of

19  money or filing in the clerk's office a bond executed as

20  surety by a surety insurer licensed to do business in this

21  state. Such deposit or bond shall be in an amount equal to the

22  amount demanded in such claim of lien plus interest thereon at

23  the legal rate for 3 years plus $500 to apply on any court

24  costs which may be taxed in any proceeding to enforce said

25  lien. Such deposit or bond shall be conditioned to pay any

26  judgment, order, or decree which may be rendered for the

27  satisfaction of the lien for which such claim of lien was

28  recorded and costs plus $500 for court costs. Upon such

29  deposit being made or such bond being filed, the clerk shall

30  make and record a certificate showing the transfer of the lien

31  from the real property to the security and mail a copy thereof

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 1  by registered or certified mail to the lienor named in the

 2  claim of lien so transferred, at the address stated therein.

 3  Upon the filing of the certificate of transfer, the real

 4  property shall thereupon be released from the lien claimed,

 5  and such lien shall be transferred to said security. The clerk

 6  shall be entitled to a fee of $15 $10 for making and serving

 7  the certificate. If the transaction involves the transfer of

 8  multiple liens, an additional charge of $7.50 $5 for each

 9  additional lien shall be charged. Any number of liens may be

10  transferred to one such security.

11         Section 19.  Effective July 1, 2004, section 55.312,

12  Florida Statutes, is created to read:

13         55.312  Service charge on certain money judgments and

14  settlement agreements.--

15         (1)(a)  A service charge equal to one-tenth of 1

16  percent of the amount of each money judgment or settlement

17  agreement in excess of $100,000 entered by a circuit court in

18  this state in any civil action for damages, other than an

19  action for dissolution of marriage or breach of contract,

20  shall be collected by and paid to the clerk of the court in

21  the circuit where the action was filed. The service charge

22  shall not apply to settlements reached at or before mediation

23  or arbitration.

24         (b)  By agreement of the parties, the service charge

25  may be paid by any party or allocated to more than one party;

26  however, if there is no agreement among the parties as to

27  which party shall pay the service charge, the responsibility

28  to pay it falls equally on each party to the action. The

29  payment of the service charge shall be made at the time the

30  payment or settlement is paid. If the parties enter into a

31  confidential settlement, the amount of the settlement may be

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 1  disclosed by the parties to the court, in camera, in order for

 2  the service charge to be assessed.

 3         (2)  The service charge imposed by this section shall

 4  be used to offset the general expense of court operation

 5  associated with the underlying action. The service charge does

 6  not apply if the paying party is a state or local governmental

 7  agency.

 8         (3)  The clerk of the court shall remit the service

 9  charge receipts collected under this section to the Department

10  of Revenue for deposit into the General Revenue Fund.

11         (4)  The Department of Revenue shall adopt rules

12  governing the assessment, collection, and periodic remittance

13  of the service charge to the department, the required forms

14  and procedures, and penalties for failure to comply. The

15  department shall collect any service charge if the department

16  determines, upon investigation, that the charge was due but

17  not timely remitted to the department. The rules shall require

18  that remittance be made to the department within 30 days after

19  the charge is collected by the clerk.

20         (5)  An attorney licensed to practice in this state may

21  not disburse any proceeds to a client in a civil case,

22  mediation, or arbitration to which the service charge applies

23  unless the attorney or the trial court provides for the

24  assessment, allocation, and remittance of the applicable

25  service charge.

26         (6)  Any party that fails to remit the service charge

27  assessed pursuant to this section within 90 days after the

28  date of the assessment commits a misdemeanor of the second

29  degree, punishable as provided in s. 775.082 or s. 775.083.

30         (7)  Before February 1 of each year, the Department of

31  Revenue shall report in writing to the President of the Senate

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 1  and the Speaker of the House of Representatives the dollar

 2  amount of remittances received by the department in the prior

 3  calendar year, by county.

 4         Section 20.  Paragraphs (d), (e), and (f) of subsection

 5  (6) of section 61.14, Florida Statutes, are amended to read:

 6         61.14  Enforcement and modification of support,

 7  maintenance, or alimony agreements or orders.--

 8         (6)

 9         (d)  The court shall hear the obligor's motion to

10  contest the impending judgment within 15 days after the date

11  of the filing of the motion. Upon the court's denial of the

12  obligor's motion, the amount of the delinquency and all other

13  amounts which thereafter become due, together with costs and a

14  fee of $7.50 $5, become a final judgment by operation of law

15  against the obligor. The depository shall charge interest at

16  the rate established in s. 55.03 on all judgments for support.

17         (e)  If the obligor fails to file a motion to contest

18  the impending judgment within the time limit prescribed in

19  paragraph (c) and fails to pay the amount of the delinquency

20  and all other amounts which thereafter become due, together

21  with costs and a fee of $7.50 $5, such amounts become a final

22  judgment by operation of law against the obligor at the

23  expiration of the time for filing a motion to contest the

24  impending judgment.

25         (f)1.  Upon request of any person, the local depository

26  shall issue, upon payment of a fee of $7.50 $5, a payoff

27  statement of the total amount due under the judgment at the

28  time of the request. The statement may be relied upon by the

29  person for up to 30 days from the time it is issued unless

30  proof of satisfaction of the judgment is provided.

31  

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 1         2.  When the depository records show that the obligor's

 2  account is current, the depository shall record a satisfaction

 3  of the judgment upon request of any interested person and upon

 4  receipt of the appropriate recording fee.  Any person shall be

 5  entitled to rely upon the recording of the satisfaction.

 6         3.  The local depository, at the direction of the

 7  department, or the obligee in a non-IV-D case, may partially

 8  release the judgment as to specific real property, and the

 9  depository shall record a partial release upon receipt of the

10  appropriate recording fee.

11         4.  The local depository is not liable for errors in

12  its recordkeeping, except when an error is a result of

13  unlawful activity or gross negligence by the clerk or his or

14  her employees.

15         Section 21.  Effective July 1, 2004, section 142.01,

16  Florida Statutes, is amended to read:

17         142.01  Fine and forfeiture fund contents.--There shall

18  be established by the clerk of the circuit court in each every

19  county of this state a separate fund to be known as the fine

20  and forfeiture fund for use by the clerk of the circuit court

21  in performing court-related functions. The Said fund shall

22  consist of all fines and forfeitures collected in the county

23  under the penal laws of the state, except those fines imposed

24  under s. 775.0835(1); and assessments imposed under ss.

25  938.21, 938.23, and 938.25; and all costs refunded to the

26  county.; all funds arising from the hire or other disposition

27  of convicts; and the proceeds of any special tax that may be

28  levied by the county commissioners for expenses of criminal

29  prosecutions. Said funds shall be paid out only for criminal

30  expenses, fees, and costs, where the crime was committed in

31  the county and the fees and costs are a legal claim against

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 1  the county, in accordance with the provisions of this chapter.

 2  Any surplus funds remaining in the fine and forfeiture fund at

 3  the end of a fiscal year may be transferred to the county

 4  general fund.

 5         Section 22.  Effective July 1, 2004, section 142.02,

 6  Florida Statutes, is amended to read:

 7         142.02  Levy of a special tax.--The board of county

 8  commissioners of every county may levy a special tax, not to

 9  exceed 2 mills, upon the real and personal property of the

10  respective counties, to be assessed and collected as other

11  county taxes are assessed and collected, for such costs of

12  criminal prosecutions. Proceeds of the special tax funds shall

13  be paid out only for criminal expenses, fees, and costs, if

14  the crime was committed in the county, and the fees and costs

15  are a legal claim against the county, in accordance with the

16  provisions of this chapter. Any surplus funds remaining from

17  the tax to fund criminal prosecutions at the end of a fiscal

18  year may be transferred to the county general revenue fund.

19         Section 23.  Effective July 1, 2004, section 142.03,

20  Florida Statutes, is amended to read:

21         142.03  Disposition of fines, forfeitures, and civil

22  penalties.--Except as to fines, forfeitures, and civil

23  penalties collected in cases involving violations of municipal

24  ordinances, violations of chapter 316 committed within a

25  municipality, or infractions under the provisions of chapter

26  318 committed within a municipality, in which cases such

27  fines, forfeitures, and civil penalties shall be fully paid

28  monthly to the appropriate municipality as provided in ss.

29  34.191, 316.660, and 318.21, and except as to fines imposed

30  under s. 775.0835(1), and assessments imposed under ss.

31  938.21, 938.23, and 938.25, all fines imposed under the penal

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 1  laws of this state in all other cases, and the proceeds of all

 2  forfeited bail bonds or recognizances in all other cases,

 3  shall be paid into the fine and forfeiture fund of the clerk

 4  of the county in which the indictment was found or the

 5  prosecution commenced, and judgment must be entered therefor

 6  in favor of the state for the use by the clerk of the circuit

 7  court in performing court-related functions of the particular

 8  county.

 9         Section 24.  Effective July 1, 2004, section 142.15,

10  Florida Statutes, is amended to read:

11         142.15  Prisoner confined in different county.--Where

12  the prisoner is confined in the jail of a different county

13  from the one in which the crime was committed, then the

14  sheriff's bill for feeding such prisoner shall be presented to

15  the board of county commissioners of the county in which the

16  crime is alleged to have been committed, and paid by such

17  county. If the sheriff should subsequently collect any such

18  fees for feeding a prisoner, he or she shall pay the same to

19  the county in which the crime is alleged to have been

20  committed depository, to go into the fine and forfeiture fund.

21  The county commissioners shall see that there is always set

22  aside and retained in the fine and forfeiture fund out of the

23  moneys collected from the special tax authorized to be

24  collected for such fund, enough cash to pay for keeping and

25  feeding such prisoners.

26         Section 25.  Effective July 1, 2004, section 142.16,

27  Florida Statutes, is amended to read:

28         142.16  Change of venue.--In case of change of venue in

29  any case, all fines and forfeitures in such case go to the

30  clerk in the county in which the case was adjudicated

31  indictment was found, and the fees of all officers and

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 1  witnesses are a charge upon the county in which the indictment

 2  was found, in like manner as if the trial had not been

 3  removed. All costs and fees arising from the coroner's inquest

 4  shall be a charge upon the county where the inquest is held,

 5  and shall be payable from the general revenue fund of the

 6  county.

 7         Section 26.  Effective July 1, 2004, subsection (3) of

 8  section 145.022, Florida Statutes, is amended to read:

 9         145.022  Guaranteed salary upon resolution of board of

10  county commissioners.--

11         (3)  This section shall not apply to county property

12  appraisers or clerks of the circuit and county courts in the

13  performance of their court-related functions.

14         Section 27.  Effective July 1, 2004, paragraph (d) of

15  subsection (6) of section 212.20, Florida Statutes, as amended

16  by section 1 of chapter 2002-291, Laws of Florida, is amended

17  to read:

18         212.20  Funds collected, disposition; additional powers

19  of department; operational expense; refund of taxes

20  adjudicated unconstitutionally collected.--

21         (6)  Distribution of all proceeds under this chapter

22  and s. 202.18(1)(b) and (2)(b) shall be as follows:

23         (d)  The proceeds of all other taxes and fees imposed

24  pursuant to this chapter or remitted pursuant to s.

25  202.18(1)(b) and (2)(b) shall be distributed as follows:

26         1.  In any fiscal year, the greater of $500 million,

27  minus an amount equal to 4.6 percent of the proceeds of the

28  taxes collected pursuant to chapter 201, or 5 percent of all

29  other taxes and fees imposed pursuant to this chapter or

30  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

31  

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 1  deposited in monthly installments into the General Revenue

 2  Fund.

 3         2.  Two-tenths of one percent shall be transferred to

 4  the Ecosystem Management and Restoration Trust Fund to be used

 5  for water quality improvement and water restoration projects.

 6         3.  After the distribution under subparagraphs 1. and

 7  2., 8.814 9.653 percent of the amount remitted by a sales tax

 8  dealer located within a participating county pursuant to s.

 9  218.61 shall be transferred into the Local Government

10  Half-cent Sales Tax Clearing Trust Fund.

11         4.  After the distribution under subparagraphs 1., 2.,

12  and 3., 0.065 percent shall be transferred to the Local

13  Government Half-cent Sales Tax Clearing Trust Fund and

14  distributed pursuant to s. 218.65.

15         5.  For proceeds received after July 1, 2000, and After

16  the distributions under subparagraphs 1., 2., 3., and 4.,

17  2.079 2.25 percent of the available proceeds pursuant to this

18  paragraph shall be transferred monthly to the Revenue Sharing

19  Trust Fund for Counties pursuant to s. 218.215.

20         6.  For proceeds received after July 1, 2000, and After

21  the distributions under subparagraphs 1., 2., 3., and 4.,

22  .99017 1.0715 percent of the available proceeds pursuant to

23  this paragraph shall be transferred monthly to the Revenue

24  Sharing Trust Fund for Municipalities pursuant to s. 218.215.

25  If the total revenue to be distributed pursuant to this

26  subparagraph is at least as great as the amount due from the

27  Revenue Sharing Trust Fund for Municipalities and the

28  Municipal Financial Assistance Trust Fund in state fiscal year

29  1999-2000, no municipality shall receive less than the amount

30  due from the Revenue Sharing Trust Fund for Municipalities and

31  the Municipal Financial Assistance Trust Fund in state fiscal

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 1  year 1999-2000. If the total proceeds to be distributed are

 2  less than the amount received in combination from the Revenue

 3  Sharing Trust Fund for Municipalities and the Municipal

 4  Financial Assistance Trust Fund in state fiscal year

 5  1999-2000, each municipality shall receive an amount

 6  proportionate to the amount it was due in state fiscal year

 7  1999-2000.

 8         7.  Of the remaining proceeds:

 9         a.  Beginning July 1, 2000, and In each fiscal year

10  thereafter, the sum of $29,915,500 shall be divided into as

11  many equal parts as there are counties in the state, and one

12  part shall be distributed to each county.  The distribution

13  among the several counties shall begin each fiscal year on or

14  before January 5th and shall continue monthly for a total of 4

15  months.  If a local or special law required that any moneys

16  accruing to a county in fiscal year 1999-2000 under the

17  then-existing provisions of s. 550.135 be paid directly to the

18  district school board, special district, or a municipal

19  government, such payment shall continue until such time that

20  the local or special law is amended or repealed.  The state

21  covenants with holders of bonds or other instruments of

22  indebtedness issued by local governments, special districts,

23  or district school boards prior to July 1, 2000, that it is

24  not the intent of this subparagraph to adversely affect the

25  rights of those holders or relieve local governments, special

26  districts, or district school boards of the duty to meet their

27  obligations as a result of previous pledges or assignments or

28  trusts entered into which obligated funds received from the

29  distribution to county governments under then-existing s.

30  550.135.  This distribution specifically is in lieu of funds

31  distributed under s. 550.135 prior to July 1, 2000.

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 1         b.  The department shall distribute $166,667 monthly

 2  pursuant to s. 288.1162 to each applicant that has been

 3  certified as a "facility for a new professional sports

 4  franchise" or a "facility for a retained professional sports

 5  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

 6  distributed monthly by the department to each applicant that

 7  has been certified as a "facility for a retained spring

 8  training franchise" pursuant to s. 288.1162; however, not more

 9  than $208,335 may be distributed monthly in the aggregate to

10  all certified facilities for a retained spring training

11  franchise. Distributions shall begin 60 days following such

12  certification and shall continue for not more than 30 years.

13  Nothing contained in this paragraph shall be construed to

14  allow an applicant certified pursuant to s. 288.1162 to

15  receive more in distributions than actually expended by the

16  applicant for the public purposes provided for in s.

17  288.1162(6). However, a certified applicant is entitled to

18  receive distributions up to the maximum amount allowable and

19  undistributed under this section for additional renovations

20  and improvements to the facility for the franchise without

21  additional certification.

22         c.  Beginning 30 days after notice by the Office of

23  Tourism, Trade, and Economic Development to the Department of

24  Revenue that an applicant has been certified as the

25  professional golf hall of fame pursuant to s. 288.1168 and is

26  open to the public, $166,667 shall be distributed monthly, for

27  up to 300 months, to the applicant.

28         d.  Beginning 30 days after notice by the Office of

29  Tourism, Trade, and Economic Development to the Department of

30  Revenue that the applicant has been certified as the

31  International Game Fish Association World Center facility

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 1  pursuant to s. 288.1169, and the facility is open to the

 2  public, $83,333 shall be distributed monthly, for up to 168

 3  months, to the applicant. This distribution is subject to

 4  reduction pursuant to s. 288.1169.  A lump sum payment of

 5  $999,996 shall be made, after certification and before July 1,

 6  2000.

 7         8.  All other proceeds shall remain with the General

 8  Revenue Fund.

 9         Section 28.  Effective July 1, 2004, subsection (2) of

10  section 218.35, Florida Statutes, is amended to read:

11         218.35  County fee officers; financial matters.--

12         (2)  The clerk of the circuit court, functioning in his

13  or her capacity as clerk of the circuit and county courts and

14  as clerk of the board of county commissioners, shall prepare

15  his or her budget in two parts:

16         (a)  The clerk shall prepare and adopt a budget for

17  funds necessary to perform court-related functions as provided

18  for in s. 28.36. The budget relating to the state courts

19  system, including recording, which shall be filed with the

20  State Courts Administrator as well as with the board of county

21  commissioners; and

22         (b)  The budget relating to the requirements of the

23  clerk as clerk of the board of county commissioners, county

24  auditor, and custodian or treasurer of all county funds and

25  other county-related duties.

26         Section 29.  Paragraph (b) of subsection (1) and

27  subsection (2) of section 318.15, Florida Statutes, are

28  amended to read:

29         318.15  Failure to comply with civil penalty or to

30  appear; penalty.--

31         (1)

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 1         (b)  However, a person who elects to attend driver

 2  improvement school and has paid the civil penalty as provided

 3  in s. 318.14(9), but who subsequently fails to attend the

 4  driver improvement school within the time specified by the

 5  court shall be deemed to have admitted the infraction and

 6  shall be adjudicated guilty. In such case the person must pay

 7  the clerk of the court the 18 percent deducted pursuant to s.

 8  318.14(9), and a $15 $10 processing fee, after which no

 9  additional penalties, court costs, or surcharges shall be

10  imposed for the violation. The clerk of the court shall notify

11  the department of the person's failure to attend driver

12  improvement school and points shall be assessed pursuant to s.

13  322.27.

14         (2)  After suspension of the driver's license and

15  privilege to drive of a person under subsection (1), the

16  license and privilege may not be reinstated until the person

17  complies with all obligations and penalties imposed on him or

18  her under s. 318.18 and presents to a driver license office a

19  certificate of compliance issued by the court, together with

20  the $37.50 $25 nonrefundable service fee imposed under s.

21  322.29, or pays the aforementioned $37.50 $25 service fee to

22  the clerk of the court or tax collector clearing such

23  suspension.  Such person shall also be in compliance with

24  requirements of chapter 322 prior to reinstatement.

25         Section 30.  Subsections (2), (6), (7), and (11) of

26  section 318.18, Florida Statutes, are amended to read:

27         318.18  Amount of civil penalties.--The penalties

28  required for a noncriminal disposition pursuant to s. 318.14

29  are as follows:

30         (2)  Thirty dollars for all nonmoving traffic

31  violations and:

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 1         (a)  For all violations of s. 322.19.

 2         (b)  For all violations of ss. 320.0605, 320.07(1),

 3  322.065, and 322.15(1).  Any person who is cited for a

 4  violation of s. 320.07(1) shall be charged a delinquent fee

 5  pursuant to s. 320.07(4).

 6         1.  If a person who is cited for a violation of s.

 7  320.0605 or s. 320.07 can show proof of having a valid

 8  registration at the time of arrest, the clerk of the court may

 9  dismiss the case and may assess a $7.50 $5 dismissal fee. A

10  person who finds it impossible or impractical to obtain a

11  valid registration certificate must submit an affidavit

12  detailing the reasons for the impossibility or impracticality.

13  The reasons may include, but are not limited to, the fact that

14  the vehicle was sold, stolen, or destroyed; that the state in

15  which the vehicle is registered does not issue a certificate

16  of registration; or that the vehicle is owned by another

17  person.

18         2.  If a person who is cited for a violation of s.

19  322.03, s. 322.065, or s. 322.15 can show a driver's license

20  issued to him or her and valid at the time of arrest, the

21  clerk of the court may dismiss the case and may assess a $7.50

22  $5 dismissal fee.

23         3.  If a person who is cited for a violation of s.

24  316.646 can show proof of security as required by s. 627.733,

25  issued to the person and valid at the time of arrest, the

26  clerk of the court may dismiss the case and may assess a $7.50

27  $5 dismissal fee. A person who finds it impossible or

28  impractical to obtain proof of security must submit an

29  affidavit detailing the reasons for the impracticality. The

30  reasons may include, but are not limited to, the fact that the

31  vehicle has since been sold, stolen, or destroyed; that the

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 1  owner or registrant of the vehicle is not required by s.

 2  627.733 to maintain personal injury protection insurance; or

 3  that the vehicle is owned by another person.

 4         (c)  For all violations of ss. 316.2935 and 316.610.

 5  However, for a violation of s. 316.2935 or s. 316.610, if the

 6  person committing the violation corrects the defect and

 7  obtains proof of such timely repair by an affidavit of

 8  compliance executed by the law enforcement agency within 30

 9  days from the date upon which the traffic citation was issued,

10  and pays $4 to the law enforcement agency, thereby completing

11  the affidavit of compliance, then upon presentation of said

12  affidavit by the defendant to the clerk within the 30-day time

13  period set forth under s. 318.14(4), the fine must be reduced

14  to $7.50 $5, which the clerk of the court shall retain.

15         (d)  For all violations of s. 316.126(1)(b), unless

16  otherwise specified.

17  

18  In addition to the civil penalties provided for in this

19  subsection, a separate service charge in the amount of $10

20  shall be paid to the clerk of the circuit court.

21         (6)  One hundred dollars or the fine amount designated

22  by county ordinance, plus court costs for illegally parking,

23  under s. 316.1955, in a parking space provided for people who

24  have disabilities. However, this fine will be waived if a

25  person provides to the law enforcement agency that issued the

26  citation for such a violation proof that the person committing

27  the violation has a valid parking permit or license plate

28  issued pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s.

29  320.0845, or s. 320.0848 or a signed affidavit that the owner

30  of the disabled parking permit or license plate was present at

31  the time the violation occurred, and that such a parking

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 1  permit or license plate was valid at the time the violation

 2  occurred. The law enforcement officer, upon determining that

 3  all required documentation has been submitted verifying that

 4  the required parking permit or license plate was valid at the

 5  time of the violation, must sign an affidavit of compliance.

 6  Upon provision of the affidavit of compliance and payment of a

 7  $7.50 $5 dismissal fee to the clerk of the circuit court, the

 8  clerk shall dismiss the citation.

 9         (7)  One hundred dollars for a violation of s.

10  316.1001. However, a person may elect to pay $30 to the clerk

11  of the court, in which case adjudication is withheld, and no

12  points are assessed under s. 322.27. Upon receipt of the fine,

13  the clerk of the court must retain $7.50 $5 for administrative

14  purposes and must forward the $25 to the governmental entity

15  that issued the citation. Any funds received by a governmental

16  entity for this violation may be used for any lawful purpose

17  related to the operation or maintenance of a toll facility.

18         (11)(a)  Court costs that are to be in addition to the

19  stated fine shall be imposed by the court in an amount not

20  less than the following:

21  

22  For pedestrian infractions................................$ 3.

23  For nonmoving traffic infractions.........................$ 6.

24  For moving traffic infractions............................$10.

25  

26         (b)  In addition to the court cost assessed under

27  paragraph (a), the court shall impose a $3 court cost for each

28  infraction to be distributed as provided in s. 938.01 and a $2

29  court cost as provided in s. 938.15 when assessed by a

30  municipality or county.

31  

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 1  Court costs imposed under this subsection may not exceed $30,

 2  except that an additional $20 shall be assessed and paid to

 3  the clerk of the circuit court for performing court-related

 4  functions. A criminal justice selection center or other local

 5  criminal justice access and assessment center may be funded

 6  from these court costs.

 7         Section 31.  Paragraph (f) of subsection (2) of section

 8  318.21, Florida Statutes, is amended to read:

 9         318.21  Disposition of civil penalties by county

10  courts.--All civil penalties received by a county court

11  pursuant to the provisions of this chapter shall be

12  distributed and paid monthly as follows:

13         (2)  Of the remainder:

14         (f)  Five Five-tenths percent shall be paid to the

15  clerk of the court for administrative costs.

16         Section 32.  Subsection (1) of section 322.245, Florida

17  Statutes, is amended to read:

18         322.245  Suspension of license upon failure of person

19  charged with specified offense under chapter 316, chapter 320,

20  or this chapter to comply with directives ordered by traffic

21  court or upon failure to pay child support in non-IV-D cases

22  as provided in chapter 61.--

23         (1)  If a person who is charged with a violation of any

24  of the criminal offenses enumerated in s. 318.17 or with the

25  commission of any offense constituting a misdemeanor under

26  chapter 320 or this chapter fails to comply with all of the

27  directives of the court within the time allotted by the court,

28  the clerk of the traffic court shall mail to the person, at

29  the address specified on the uniform traffic citation, a

30  notice of such failure, notifying him or her that, if he or

31  she does not comply with the directives of the court within 30

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 1  days after the date of the notice and pay a delinquency fee of

 2  $15 $10 to the clerk, his or her driver's license will be

 3  suspended. The notice shall be mailed no later than 5 days

 4  after such failure. The delinquency fee may be retained by the

 5  office of the clerk to defray the operating costs of the

 6  office.

 7         Section 33.  Paragraph (a) of subsection (9) of section

 8  327.73, Florida Statutes, is amended to read:

 9         327.73  Noncriminal infractions.--

10         (9)(a)  Any person who fails to comply with the court's

11  requirements or who fails to pay the civil penalties specified

12  in this section within the 30-day period provided for in s.

13  327.72 must pay an additional court cost of $18 $12, which

14  shall be used by the clerks of the courts to defray the costs

15  of tracking unpaid uniform boating citations.

16         Section 34.  Section 382.023, Florida Statutes, is

17  amended to read:

18         382.023  Department to receive dissolution-of-marriage

19  records; fees.--Clerks of the circuit courts shall collect for

20  their services at the time of the filing of a final judgment

21  of dissolution of marriage a fee of $10.50 $7, of which $4.50

22  $3 shall be retained by the circuit court as a part of the

23  cost in the cause in which the judgment is granted. The

24  remaining $6 $4 shall be remitted to the Department of Revenue

25  for deposit to the Department of Health to defray part of the

26  cost of maintaining the dissolution-of-marriage records. A

27  record of each and every judgment of dissolution of marriage

28  granted by the court during the preceding calendar month,

29  giving names of parties and such other data as required by

30  forms prescribed by the department, shall be transmitted to

31  the department, on or before the 10th day of each month, along

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 1  with an accounting of the funds remitted to the Department of

 2  Revenue pursuant to this section.

 3         Section 35.  Subsection (1) of section 713.24, Florida

 4  Statutes, is amended to read:

 5         713.24  Transfer of liens to security.--

 6         (1)  Any lien claimed under this part may be

 7  transferred, by any person having an interest in the real

 8  property upon which the lien is imposed or the contract under

 9  which the lien is claimed, from such real property to other

10  security by either:

11         (a)  Depositing in the clerk's office a sum of money,

12  or

13         (b)  Filing in the clerk's office a bond executed as

14  surety by a surety insurer licensed to do business in this

15  state,

16  

17  either to be in an amount equal to the amount demanded in such

18  claim of lien, plus interest thereon at the legal rate for 3

19  years, plus $1,000 or 25 percent of the amount demanded in the

20  claim of lien, whichever is greater, to apply on any

21  attorney's fees and court costs that may be taxed in any

22  proceeding to enforce said lien. Such deposit or bond shall be

23  conditioned to pay any judgment or decree which may be

24  rendered for the satisfaction of the lien for which such claim

25  of lien was recorded.  Upon making such deposit or filing such

26  bond, the clerk shall make and record a certificate showing

27  the transfer of the lien from the real property to the

28  security and shall mail a copy thereof by registered or

29  certified mail to the lienor named in the claim of lien so

30  transferred, at the address stated therein.  Upon filing the

31  certificate of transfer, the real property shall thereupon be

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 1  released from the lien claimed, and such lien shall be

 2  transferred to said security. In the absence of allegations of

 3  privity between the lienor and the owner, and subject to any

 4  order of the court increasing the amount required for the lien

 5  transfer deposit or bond, no other judgment or decree to pay

 6  money may be entered by the court against the owner. The clerk

 7  shall be entitled to a fee for making and serving the

 8  certificate, in the sum of $15 $10.  If the transaction

 9  involves the transfer of multiple liens, an additional charge

10  of $7.50 $5 for each additional lien shall be charged.  For

11  recording the certificate and approving the bond, the clerk

12  shall receive her or his usual statutory service charges as

13  prescribed in s. 28.24. Any number of liens may be transferred

14  to one such security.

15         Section 36.  Section 744.3135, Florida Statutes, is

16  amended to read:

17         744.3135  Credit and criminal investigation.--The court

18  may require a nonprofessional guardian and shall require a

19  professional or public guardian, and all employees of a

20  professional guardian who have a fiduciary responsibility to a

21  ward, to submit, at their own expense, to an investigation of

22  the guardian's credit history and to undergo level 2

23  background screening as required under s. 435.04. The clerk of

24  the court shall obtain fingerprint cards from the Federal

25  Bureau of Investigation and make them available to guardians.

26  Any guardian who is so required shall have his or her

27  fingerprints taken and forward the proper fingerprint card

28  along with the necessary fee to the Florida Department of Law

29  Enforcement for processing. The professional guardian shall

30  pay to the clerk of the court a fee of $7.50 $5 for handling

31  and processing professional guardian files. The results of the

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 1  fingerprint checks shall be forwarded to the clerk of court

 2  who shall maintain the results in a guardian file and shall

 3  make the results available to the court. If credit or criminal

 4  investigations are required, the court must consider the

 5  results of the investigations in appointing a guardian.

 6  Guardians and all employees of a professional guardian who

 7  have a fiduciary responsibility to a ward, so appointed, must

 8  resubmit, at their own expense, to an investigation of credit

 9  history, and undergo level 1 background screening as required

10  under s. 435.03, every 2 years after the date of their

11  appointment. The court must consider the results of these

12  investigations in reappointing a guardian. This section shall

13  not apply to a professional guardian, or to the employees of a

14  professional guardian, that is a trust company, a state

15  banking corporation or state savings association authorized

16  and qualified to exercise fiduciary powers in this state, or a

17  national banking association or federal savings and loan

18  association authorized and qualified to exercise fiduciary

19  powers in this state.

20         Section 37.  Paragraph (a) of subsection (6) of section

21  744.365, Florida Statutes, is amended to read:

22         744.365  Verified inventory.--

23         (6)  AUDIT FEE.--

24         (a)  Where the value of the ward's property exceeds

25  $25,000, a guardian shall pay from the ward's property to the

26  clerk of the circuit court a fee of $75 $50, upon the filing

27  of the verified inventory, for the auditing of the inventory.

28  Any guardian unable to pay the auditing fee may petition the

29  court for waiver of the fee.  The court may waive the fee

30  after it has reviewed the documentation filed by the guardian

31  in support of the waiver.  If the fee is waived for a ward,

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 1  the audit fee must be paid from the general fund of the county

 2  in which the guardianship proceeding is conducted.

 3         Section 38.  Subsection (4) of section 744.3678,

 4  Florida Statutes, is amended to read:

 5         744.3678  Annual accounting.--

 6         (4)  The guardian shall pay from the ward's estate to

 7  the clerk of the circuit court a fee based upon the following

 8  graduated fee schedule, upon the filing of the annual

 9  financial return, for the auditing of the return:

10         (a)  For estates with a value of $25,000 or less the

11  fee shall be $15 $10.

12         (b)  For estates with a value of more than $25,000 up

13  to and including $100,000 the fee shall be $75 $50.

14         (c)  For estates with a value of more than $100,000 up

15  to and including $500,000 the fee shall be $150 $100.

16         (d)  For estates with a value in excess of $500,000 the

17  fee shall be $225 $150.

18  

19  Any guardian unable to pay the auditing fee may petition the

20  court for a waiver of the fee.  The court may waive the fee

21  after it has reviewed the documentation filed by the guardian

22  in support of the waiver.  Upon such waiver, the clerk of the

23  circuit court shall bill the board of county commissioners for

24  the auditing fee.

25         Section 39.  Section 921.26, Florida Statutes, is

26  created to read:

27         921.26  Notice of assessment of court cost.--The

28  assessment of a court cost under chapter 938 shall be made

29  upon any order entered pursuant to this chapter. A court cost

30  assessed under s. 938.02 shall take priority over any other

31  

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 1  court cost assessed, and shall be collected before any other

 2  court cost.

 3         Section 40.  Section 938.02, Florida Statutes, is

 4  created to read:

 5         938.02  Additional cost for operation of court

 6  system.--All courts created by Art. V of the State

 7  Constitution shall, in addition and prior to any fine, other

 8  court costs, or other penalty, assess the sum of $125 as a

 9  court cost against each person who pleads guilty or nolo

10  contendere to, or is convicted of, regardless of adjudication,

11  any felony, misdemeanor, or criminal traffic offense under the

12  laws of this state. This court cost may not be waived by the

13  court and shall take priority over and be paid prior to any

14  other cost required to be imposed by law. If this court cost

15  has not been collected prior to termination of probation, such

16  term of probation may not be terminated until the cost has

17  been collected. If this court cost has not been collected

18  prior to incarceration, the appropriate authorities shall be

19  directed to collect the cost out of any moneys or account held

20  for the inmate and remit the sum to the clerk of the court. In

21  a misdemeanor case or criminal traffic case, $100 of this

22  court cost shall be paid to the clerk for performing his or

23  her court-related functions. All other court costs assessed

24  under this section shall be remitted by the clerk to the

25  Department of Revenue for deposit into the General Revenue

26  Fund.

27         Section 41.  Effective July 1, 2004, section 938.05,

28  Florida Statutes, is amended to read:

29         938.05  State Local Government criminal justice court

30  cost Trust Fund.--

31  

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 1         (1)  When any person pleads nolo contendere to a

 2  misdemeanor or criminal traffic offense under s. 318.14(10)(a)

 3  or pleads guilty or nolo contendere to, or is found guilty of,

 4  any felony, misdemeanor, or criminal traffic offense under the

 5  laws of this state or the violation of any municipal or county

 6  ordinance which adopts by reference any misdemeanor under

 7  state law, there shall be imposed as a cost in the case, in

 8  addition to any other cost required to be imposed by law, a

 9  sum in accordance with the following schedule:

10         (a)  Felonies......................................$200

11         (b)  Misdemeanors...................................$50

12         (c)  Criminal traffic offenses......................$50

13         (2)  Payment of the additional court costs provided for

14  in subsection (1) shall be made part of any plea agreement

15  reached by the prosecuting attorney and defense counsel or the

16  criminal defendant where the plea agreement provides for the

17  defendant to plead guilty or nolo contendere to any felony,

18  misdemeanor, or criminal traffic offense under the laws of

19  this state or any municipal or county ordinance which adopts

20  by reference any misdemeanor under state law.

21         (3)  The clerk of the court shall collect such

22  additional costs and shall notify the agency supervising a

23  person upon whom costs have been imposed upon full payment of

24  fees.  The clerk shall deposit all but $3 for each misdemeanor

25  or criminal traffic case and all but $5 for each felony case

26  in a special trust fund of the county.  Such funds shall be

27  used exclusively for those purposes set forth in s.

28  27.3455(3).  The clerk shall retain $5 $3 for each misdemeanor

29  or criminal traffic case and $10 $5 for each felony case of

30  each scheduled amount collected as a service charge of the

31  clerk's office.  A political subdivision shall not be held

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 1  liable for the payment of the additional costs imposed by this

 2  section. The clerk shall deposit and allocate the remaining

 3  funds collected monthly as follows:

 4         (a)  Forty percent of funds collected monthly shall be

 5  deposited by the clerk in the General Revenue Fund for the

 6  state.

 7         (b)  Twenty percent shall be deposited by the clerk in

 8  a trust fund administered by the Justice Administration

 9  Commission for the benefit of the state attorney. The Justice

10  Administrative Commission shall account for these funds on a

11  circuit basis, and appropriations from the fund shall be

12  proportional to each circuit's collections.

13         (c)  Twenty percent shall be deposited by the clerk in

14  the Indigent Criminal Defense Trust Fund pursuant to s.

15  27.525. The Justice Administrative Commission shall account

16  for these funds on a circuit basis, and appropriations from

17  the fund shall be proportional to each circuit's collections.

18         (d)  Twenty percent shall be deposited by the clerk in

19  the Court Education Fund pursuant to s. 25.384.

20         Section 42.  Effective July 1, 2003, section 938.35,

21  Florida Statutes, is amended to read:

22         938.35  Collection of court-related financial

23  obligations.--Any provision of law notwithstanding, a clerk of

24  the circuit court county may pursue the collection of any

25  fines, court costs, or other costs imposed by the court which

26  remain unpaid for 90 days or more, or refer such collection to

27  a private attorney who is a member in good standing of The

28  Florida Bar or collection agent who is registered and in good

29  standing pursuant to chapter 559. In pursuing the collection

30  of such unpaid financial obligations through a private

31  attorney or collection agent, the clerk of the circuit court

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 1  governing body of the county must determine that such

 2  collection is cost-effective and the clerk county must follow

 3  applicable procurement practices. The costs of collection,

 4  including a reasonable attorney's fee, may be recovered,

 5  except that such fees and costs of collection may not exceed

 6  40 percent of the total fines and costs owed.

 7         Section 43.  Subsection (5) is added to section 26.012,

 8  Florida Statutes, to read:

 9         26.012  Jurisdiction of circuit court.--

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

11         Section 44.  Section 27.06, Florida Statutes, is

12  amended to read:

13         27.06  Habeas corpus and preliminary trials.--The

14  several state attorneys of this state shall represent the

15  state in all cases of habeas corpus arising in their

16  respective circuits, and shall also represent the state,

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

18  trials of persons charged with capital offenses in all cases

19  where the committing trial court judge magistrate shall have

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

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

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

23  wherein the statute under attack is being applied, the

24  criminal law proceeding is being maintained, or the conviction

25  has occurred.

26         Section 45.  Subsections (2) and (3) of section 34.01,

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

28  that section, to read:

29         34.01  Jurisdiction of county court.--

30         (2)  The county courts shall have jurisdiction

31  previously exercised by county judges' courts other than that

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

 2  court judges may hear matters involving dissolution of

 3  marriage under the simplified dissolution procedure pursuant

 4  to Rule 1.611(c), Florida Family Law Rules of Civil Procedure

 5  or may issue a final order for dissolution in cases where the

 6  matter is uncontested, and the jurisdiction previously

 7  exercised by county courts, the claims court, small claims

 8  courts, small claims magistrates courts, magistrates courts,

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

10  chartered counties, including but not limited to the counties

11  referred to in ss. 9, 10, 11, and 24, Art. VIII of the State

12  Constitution of 1968 1885.

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

14  trial court judges magistrates. Judges of county courts shall

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

16  Supreme Court.

17         (4)  Judges of county courts may hear all matters in

18  equity involved in any case within the jurisdictional amount

19  of the county court, except as otherwise restricted by the

20  State Constitution or the laws of Florida.

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

22         Section 46.  Section 48.20, Florida Statutes, is

23  amended to read:

24         48.20  Service of process on Sunday.--Service or

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

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

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

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

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

30  affidavit is made by the person requesting service or

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

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

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

 3  state under protection of Sunday, any officer furnished with

 4  an order authorizing service or execution by the trial court

 5  judge or magistrate of any incorporated town may serve or

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

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

 8  day.

 9         Section 47.  Subsection (3) of section 316.635, Florida

10  Statutes, is amended to read:

11         316.635  Courts having jurisdiction over traffic

12  violations; powers relating to custody and detention of

13  minors.--

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

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

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

17  Civil Traffic Infraction Hearing Officer, who has jurisdiction

18  over the offense or violation magistrate, the arresting

19  officer or booking officer shall immediately notify, or cause

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

21  adult relative of the action taken. After making every

22  reasonable effort to give notice, the arresting officer or

23  booking officer may:

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

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

26  relative, or other responsible adult;

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

28  and release the minor pursuant to s. 903.06;

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

30  and deliver the minor to an appropriate substance abuse

31  treatment or rehabilitation facility or refer the minor to an

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

 2  minor cannot be delivered to an appropriate substance abuse

 3  treatment or rehabilitation facility or medical facility, the

 4  arresting officer may deliver the minor to an appropriate

 5  intake office of the Department of Juvenile Justice, which

 6  shall take custody of the minor and make any appropriate

 7  referrals; or

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

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

10  deliver the minor to an appropriate Department of Juvenile

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

12  intake office, the department shall assume custody and proceed

13  pursuant to chapter 984 or chapter 985.

14  

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

16  minor shall be delivered to the Department of Juvenile

17  Justice, and the department shall make every reasonable effort

18  to contact the parents, guardian, or responsible adult

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

20  guardian, or responsible adult relative available, the

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

22         Section 48.  Section 373.603, Florida Statutes, is

23  amended to read:

24         373.603  Power to enforce.--The Department of

25  Environmental Protection or the governing board of any water

26  management district and any officer or agent thereof may

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

28  adopted and promulgated or order issued thereunder to the same

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

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

31  trial court judge magistrate empowered to issue warrants in

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 1  criminal cases and make an affidavit and apply for the

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

 3  magistrate, If such affidavit alleges shall allege the

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

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

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

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

 8         Section 49.  Subsection (4) of section 381.0012,

 9  Florida Statutes, is amended to read:

10         381.0012  Enforcement authority.--

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

12  judge magistrate empowered to issue warrants in criminal cases

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

14  magistrate shall issue a warrant directed to any sheriff,

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

16  the purpose and intent of this chapter.

17         Section 50.  Subsections (3) and (4) of section

18  450.121, Florida Statutes, are amended to read:

19         450.121  Enforcement of Child Labor Law.--

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

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

22  within the limit of any municipality city over which such

23  magistrate has jurisdiction in connection with the violation

24  of this law.

25         (4)  Grand juries shall have inquisitorial powers to

26  investigate violations of this chapter; also, trial county

27  court judges and judges of the circuit courts shall specially

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

29  court, to investigate violations of this chapter.

30         Section 51.  Subsection (2) of section 560.306, Florida

31  Statutes, is amended to read:

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 1         560.306  Standards.--

 2         (2)  The department may deny registration if it finds

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

 4  of the applicant, has been convicted of a crime involving

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

 6  committed in this state, would constitute a crime involving

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

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

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

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

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

12  pronouncement of sentence or the suspension thereof. The

13  department may take into consideration the fact that such plea

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

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

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

17  pardon from the jurisdiction where the conviction was entered

18  or received a certificate pursuant to any provision of law

19  which removes the disability under this part because of such

20  conviction.

21         Section 52.  Section 633.14, Florida Statutes, is

22  amended to read:

23         633.14  Agents; powers to make arrests, conduct

24  searches and seizures, serve summonses, and carry

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

26  same authority to serve summonses, make arrests, carry

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

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

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

30  affidavits necessary to authorize any such arrests, searches,

31  or seizures may be made before any trial court judge

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 1  magistrate having authority under the law to issue appropriate

 2  processes.

 3         Section 53.  Paragraph (e) of subsection (1) and

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

 5  Statutes, are amended to read:

 6         648.44  Prohibitions; penalty.--

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

 8  runner may not:

 9         (e)  Pay a fee or rebate or give or promise anything of

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

11  committing trial court judge magistrate or any other person

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

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

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

15  bond or estreatment thereof.

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

17  bond agents, temporary bail bond agents, or employees of a

18  bail bond agent or a bail bond business and shall not directly

19  or indirectly receive any benefits from the execution of any

20  bail bond:

21         (c)  Committing trial court judges magistrates,

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

23         Section 54.  Subsection (3) of section 817.482, Florida

24  Statutes, is amended to read:

25         817.482  Possessing or transferring device for theft of

26  telecommunications service; concealment of destination of

27  telecommunications service.--

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

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

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

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

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

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

 3  instrument, apparatus, equipment, device, plans, or

 4  instructions either shall be destroyed as contraband by the

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

 6  turned over to the telephone company in whose territory such

 7  instrument, apparatus, equipment, device, plans, or

 8  instructions were seized.

 9         Section 55.  Subsection (5) of section 828.122, Florida

10  Statutes, is amended to read:

11         828.122  Fighting or baiting animals; offenses;

12  penalties.--

13         (5)  Whenever an indictment is returned or an

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

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

16  judge magistrate finds probable cause that a violation has

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

18  provide for appropriate and humane care or disposition of the

19  animals.  This provision shall not be construed as a

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

21  time of arrest.

22         Section 56.  Subsection (8) of section 832.05, Florida

23  Statutes, is amended to read:

24         832.05  Giving worthless checks, drafts, and debit card

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

26  form.--

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

28  section before any committing trial court judge magistrate,

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

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

31  

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

 2  dismissed cases.

 3         Section 57.  Section 876.42, Florida Statutes, is

 4  amended to read:

 5         876.42  Witnesses' privileges.--No person shall be

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

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

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

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

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

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

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

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

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

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

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

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

18  and no testimony so given or produced shall be received

19  against the person, upon any criminal investigation,

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

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

22  testimony.

23         Section 58.  Paragraph (a) of subsection (1) of section

24  893.12, Florida Statutes, is amended to read:

25         893.12  Contraband; seizure, forfeiture, sale.--

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

27  listed chemicals, which substances or chemicals are handled,

28  delivered, possessed, or distributed contrary to any

29  provisions of this chapter, and all such controlled substances

30  or listed chemicals the lawful possession of which is not

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

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 1  declared to be contraband, are subject to seizure and

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

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

 4  follows:

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

 6  court having jurisdiction shall order such controlled

 7  substances or listed chemicals forfeited and destroyed.  A

 8  record of the place where said controlled substances or listed

 9  chemicals were seized, of the kinds and quantities of

10  controlled substances or listed chemicals destroyed, and of

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

12  a return under oath reporting said destruction shall be made

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

14         Section 59.  Section 901.01, Florida Statutes, is

15  amended to read:

16         901.01  Judicial officers have to be committing

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

18  conservator of the peace and has a committing magistrate with

19  authority to issue warrants of arrest, commit offenders to

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

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

22  been substantially threatened or disturbed.

23         Section 60.  Subsection (1) of section 901.02, Florida

24  Statutes, is amended to read:

25         901.02  When warrant of arrest to be issued.--

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

27  person complained against if the trial court judge magistrate,

28  from the examination of the complainant and other witnesses,

29  reasonably believes that the person complained against has

30  committed an offense within the trial court judge's

31  

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

 2  is signed by the trial court judge magistrate.

 3         Section 61.  Section 901.07, Florida Statutes, is

 4  amended to read:

 5         901.07  Admission to bail when arrest occurs in another

 6  county.--

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

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

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

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

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

12  trial court judge magistrate or other official of the same

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

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

15  before the trial court judge magistrate who issued the

16  warrant.

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

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

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

20  the officer having the warrant shall take the person before

21  the trial court judge magistrate who issued the warrant.

22         Section 62.  Section 901.08, Florida Statutes, is

23  amended to read:

24         901.08  Issue of warrant when offense triable in

25  another county.--

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

27  magistrate charges the commission of an offense that is

28  punishable by death or life imprisonment and is triable in

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

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

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

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

 2  warrant shall require the person against whom the complaint is

 3  made to be taken before a designated trial court judge

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

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

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

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

 8  before a trial court judge magistrate or other official having

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

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

11  or her appearance before the trial court judge magistrate

12  designated in the warrant.

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

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

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

16  trial court judge magistrate designated in the warrant.

17         Section 63.  Section 901.09, Florida Statutes, is

18  amended to read:

19         901.09  When summons shall be issued.--

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

21  trial court judge magistrate is empowered to try summarily,

22  the trial court judge magistrate shall issue a summons instead

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

24  person against whom the complaint was made will not appear

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

26  magistrate shall issue a warrant.

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

28  trial court judge magistrate is not empowered to try

29  summarily, the trial court judge magistrate shall issue a

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

31  

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 1  that the person against whom the complaint was made will

 2  appear upon a summons.

 3         (3)  The summons shall set forth substantially the

 4  nature of the offense and shall command the person against

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

 6  judge magistrate at a stated time and place.

 7         Section 64.  Section 901.11, Florida Statutes, is

 8  amended to read:

 9         901.11  Effect of not answering summons.--Failure to

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

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

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

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

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

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

16  commanded after issuing a summons, the trial court judge

17  magistrate may issue a warrant.

18         Section 65.  Section 901.12, Florida Statutes, is

19  amended to read:

20         901.12  Summons against corporation.--When a complaint

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

22  judge magistrate shall issue a summons that shall set forth

23  substantially the nature of the offense and command the

24  corporation to appear before the trial court judge magistrate

25  at a stated time and place.

26         Section 66.  Subsection (3) of section 901.25, Florida

27  Statutes, is amended to read:

28         901.25  Fresh pursuit; arrest outside jurisdiction.--

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

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

31  the officer shall immediately notify the officer in charge of

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

 2  charge of the jurisdiction shall, along with the officer

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

 4  county court judge or other committing magistrate of the

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

 6         Section 67.  Section 902.15, Florida Statutes, is

 7  amended to read:

 8         902.15  Undertaking by witness.--When a defendant is

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

10  life imprisonment, the trial court judge magistrate at the

11  preliminary hearing may require each material witness to enter

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

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

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

15  judge magistrate.

16         Section 68.  Subsections (1), (2), and (3) of section

17  902.17, Florida Statutes, are amended to read:

18         902.17  Procedure when witness does not give

19  security.--

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

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

22  judge magistrate shall commit the witness to custody until she

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

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

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

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

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

28  reduction of the security.

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

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

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

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 1  jurisdiction to try the defendant shall make an order finding

 2  that fact, and the witness shall be detained pending

 3  application for her or his conditional examination. Within 3

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

 5  conditionally examined on application of the state or the

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

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

 8  transcribed by a court reporter or stenographer selected by

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

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

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

12  the prosecuting attorney and the defendant and the defendant's

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

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

15  without the consent of the defendant.

16         Section 69.  Section 902.20, Florida Statutes, is

17  amended to read:

18         902.20  Contempts before committing trial court judge

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

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

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

22  criminal cases.

23         Section 70.  Section 902.21, Florida Statutes, is

24  amended to read:

25         902.21  Commitment to jail in another county.--If a

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

27  committing trial court judge magistrate shall direct the

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

29         Section 71.  Subsection (1) of section 903.03, Florida

30  Statutes, is amended to read:

31  

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 1         903.03  Jurisdiction of trial court to admit to bail;

 2  duties and responsibilities of Department of Corrections.--

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

 4  judge magistrate, the court having jurisdiction to try the

 5  defendant shall, before indictment, affidavit, or information

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

 7  motions regarding bail and production or impounding of all

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

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

10         Section 72.  Subsection (2) of section 903.32, Florida

11  Statutes, is amended to read:

12         903.32  Defects in bond.--

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

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

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

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

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

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

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

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

21  court that will commence more than 3 days after the

22  undertaking is given.

23         Section 73.  Section 903.34, Florida Statutes, is

24  amended to read:

25         903.34  Who may admit to bail.--In criminal actions

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

27  defendants before trial until appeal shall be approved by a

28  committing trial court judge magistrate or the sheriff. Appeal

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

30         Section 74.  Subsection (4) of section 914.22, Florida

31  Statutes, is amended to read:

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 1         914.22  Tampering with a witness, victim, or

 2  informant.--

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

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

 5  circumstance:

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

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

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

 9  a state agency; or

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

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

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

13  serving the state as an adviser or consultant.

14         Section 75.  Section 923.01, Florida Statutes, is

15  amended to read:

16         923.01  Criminal report.--Each committing trial court

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

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

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

20  prosecuting attorney of the trial court having jurisdiction, a

21  report in the following form:

22  

23                         CRIMINAL REPORT

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

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

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

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

28  of property stolen: .... Kind of property stolen: .... Kind of

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

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

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

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

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

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

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

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

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

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

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

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

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

11  side of this sheet.

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

13         Section 76.  Section 933.01, Florida Statutes, is

14  amended to read:

15         933.01  Persons competent to issue search warrant.--A

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

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

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

19  magistrate having jurisdiction where the place, vehicle, or

20  thing to be searched may be.

21         Section 77.  Section 933.06, Florida Statutes, is

22  amended to read:

23         933.06  Sworn application required before

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

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

26  duly sworn to and subscribed, and may receive further

27  testimony from witnesses or supporting affidavits, or

28  depositions in writing, to support the application.  The

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

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

31  application or probable cause for believing that they exist.

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 1         Section 78.  Subsection (1) of section 933.07, Florida

 2  Statutes, is amended to read:

 3         933.07  Issuance of search warrants.--

 4         (1)  The judge, upon examination of the application and

 5  proofs submitted, if satisfied that probable cause exists for

 6  the issuing of the search warrant, shall thereupon issue a

 7  search warrant signed by him or her with his or her name of

 8  office, to any sheriff and the sheriff's deputies or any

 9  police officer or other person authorized by law to execute

10  process, commanding the officer or person forthwith to search

11  the property described in the warrant or the person named, for

12  the property specified, and to bring the property and any

13  person arrested in connection therewith before the judge

14  magistrate or some other court having jurisdiction of the

15  offense.

16         Section 79.  Section 933.10, Florida Statutes, is

17  amended to read:

18         933.10  Execution of search warrant during day or

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

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

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

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

23  exigencies of the occasion may demand or require.

24         Section 80.  Section 933.101, Florida Statutes, is

25  amended to read:

26         933.101  Service on Sunday.--A search warrant may be

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

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

29         Section 81.  Section 933.13, Florida Statutes, is

30  amended to read:

31  

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 1         933.13  Copy of inventory shall be delivered upon

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

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

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

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

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

 7  warrant.

 8         Section 82.  Subsections (1), (3), and (4) of section

 9  933.14, Florida Statutes, are amended to read:

10         933.14  Return of property taken under search

11  warrant.--

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

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

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

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

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

17  the judge magistrate before whom any property is returned that

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

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

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

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

22  sheets, rundown sheets, or other gambling devices,

23  paraphernalia and equipment, or narcotic drugs, obscene prints

24  and literature be returned to anyone claiming an interest

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

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

27  constitutional provision in such contraband; provided,

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

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

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

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

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

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

 3  sworn affidavit or complaint upon which the search warrant was

 4  issued or the testimony of the officers showing probable cause

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

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

 7  tickets, tally sheets, rundown sheets, scratch sheets, or

 8  other gambling devices, paraphernalia, and equipment,

 9  including money used in gambling or in furtherance of

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

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

12  illegal possession of such contraband and the burden shall be

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

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

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

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

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

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

19  court judge.

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

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

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

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

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

25  perishable property held or possessed in violation of law may

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

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

28  judge or magistrate to whom said search warrant is returned

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

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

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

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

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

 3  and certificates to the proper office where the proceedings

 4  are lodged.

 5         Section 83.  Section 939.02, Florida Statutes, is

 6  amended to read:

 7         939.02  Costs before committing trial court judge

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

 9  court judge magistrate shall be taxed against the defendant on

10  conviction or estreat of recognizance.

11         Section 84.  Section 939.14, Florida Statutes, is

12  amended to read:

13         939.14  County not to pay costs in cases where

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

15  committing trial court judge magistrate holds to bail or

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

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

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

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

20  costs for executing the warrant.

21         Section 85.  Section 941.13, Florida Statutes, is

22  amended to read:

23         941.13  Arrest prior to requisition.--Whenever any

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

25  credible person before any judge or magistrate of this state

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

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

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

29  and having escaped from confinement, or having broken the

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

31  complaint shall have been made before any judge or magistrate

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16  certified copy of the sworn charge or complaint and affidavit

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

18  warrant.

19         Section 86.  Section 941.14, Florida Statutes, is

20  amended to read:

21         941.14  Arrest without a warrant.--The arrest of a

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

23  private person, without a warrant upon reasonable information

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

25  a crime punishable by death or imprisonment for a term

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

27  taken before a judge or magistrate with all practicable speed

28  and complaint must be made against the accused under oath

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

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

31  the accused had been arrested on a warrant.

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 1         Section 87.  Section 941.15, Florida Statutes, is

 2  amended to read:

 3         941.15  Commitment to await requisition; bail.--If from

 4  the examination before the judge or magistrate it appears that

 5  the person held is the person charged with having committed

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

 7  941.06, that the person has fled from justice, the judge or

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

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

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

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

12  requisition of the executive authority of the state having

13  jurisdiction of the offense, unless the accused gives give

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

15  accused shall be legally discharged.

16         Section 88.  Section 941.17, Florida Statutes, is

17  amended to read:

18         941.17  Extension of time of commitment,

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

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

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

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

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

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

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

26  date of such new bond.

27         Section 89.  Section 941.18, Florida Statutes, is

28  amended to read:

29         941.18  Forfeiture of bail.--If the prisoner is

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

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

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

 2  forfeited and order his or her immediate arrest without

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

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

 5  other bonds given by the accused in criminal proceedings

 6  within this state.

 7         Section 90.  Subsection (2) of section 947.141, Florida

 8  Statutes, is amended to read:

 9         947.141  Violations of conditional release, control

10  release, or conditional medical release or addiction-recovery

11  supervision.--

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

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

14  s. 947.149, or s. 944.4731, the offender must be detained

15  without bond until the initial appearance of the offender at

16  which a judicial determination of probable cause is made. If

17  the trial court judge magistrate determines that there was no

18  probable cause for the arrest, the offender may be released.

19  If the trial court judge magistrate determines that there was

20  probable cause for the arrest, such determination also

21  constitutes reasonable grounds to believe that the offender

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

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

24  cause, the detention facility administrator or designee shall

25  notify the commission and the department of the finding and

26  transmit to each a facsimile copy of the probable cause

27  affidavit or the sworn offense report upon which the trial

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

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

30  for a period not exceeding 72 hours excluding weekends and

31  holidays after the date of the probable cause determination,

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 1  pending a decision by the commission whether to issue a

 2  warrant charging the offender with violation of the conditions

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

 4  offender must continue to be held in custody pending a

 5  revocation hearing held in accordance with this section.

 6         Section 91.  Subsection (1) of section 948.06, Florida

 7  Statutes, is amended to read:

 8         948.06  Violation of probation or community control;

 9  revocation; modification; continuance; failure to pay

10  restitution or cost of supervision.--

11         (1)  Whenever within the period of probation or

12  community control there are reasonable grounds to believe that

13  a probationer or offender in community control has violated

14  his or her probation or community control in a material

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

16  probationary or community control status of the probationer or

17  offender in community control or any parole or probation

18  supervisor may arrest or request any county or municipal law

19  enforcement officer to arrest such probationer or offender

20  without warrant wherever found and forthwith return him or her

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

22  committing trial court judge magistrate may issue a warrant,

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

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

25  probationer or offender, returnable forthwith before the court

26  granting such probation or community control. Any parole or

27  probation supervisor, any officer authorized to serve criminal

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

29  serve and execute such warrant. Upon the filing of an

30  affidavit alleging a violation of probation or community

31  control and following issuance of a warrant under s. 901.02,

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 1  the probationary period is tolled until the court enters a

 2  ruling on the violation. Notwithstanding the tolling of

 3  probation as provided in this subsection, the court shall

 4  retain jurisdiction over the offender for any violation of the

 5  conditions of probation or community control that is alleged

 6  to have occurred during the tolling period. The probation

 7  officer is permitted to continue to supervise any offender who

 8  remains available to the officer for supervision until the

 9  supervision expires pursuant to the order of probation or

10  community control or until the court revokes or terminates the

11  probation or community control, whichever comes first. The

12  court, upon the probationer or offender being brought before

13  it, shall advise him or her of such charge of violation and,

14  if such charge is admitted to be true, may forthwith revoke,

15  modify, or continue the probation or community control or

16  place the probationer into a community control program. If

17  probation or community control is revoked, the court shall

18  adjudge the probationer or offender guilty of the offense

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

20  previously been adjudged guilty, and impose any sentence which

21  it might have originally imposed before placing the

22  probationer on probation or the offender into community

23  control. If such violation of probation or community control

24  is not admitted by the probationer or offender, the court may

25  commit him or her or release him or her with or without bail

26  to await further hearing, or it may dismiss the charge of

27  probation or community control violation. If such charge is

28  not at that time admitted by the probationer or offender and

29  if it is not dismissed, the court, as soon as may be

30  practicable, shall give the probationer or offender an

31  opportunity to be fully heard on his or her behalf in person

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 1  or by counsel. After such hearing, the court may revoke,

 2  modify, or continue the probation or community control or

 3  place the probationer into community control. If such

 4  probation or community control is revoked, the court shall

 5  adjudge the probationer or offender guilty of the offense

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

 7  previously been adjudged guilty, and impose any sentence which

 8  it might have originally imposed before placing the

 9  probationer or offender on probation or into community

10  control. Notwithstanding s. 775.082, when a period of

11  probation or community control has been tolled, upon

12  revocation or modification of the probation or community

13  control, the court may impose a sanction with a term that when

14  combined with the amount of supervision served and tolled,

15  exceeds the term permissible pursuant to s. 775.082 for a term

16  up to the amount of the tolled period supervision. If the

17  court dismisses an affidavit alleging a violation of probation

18  or community control, the offender's probation or community

19  control shall continue as previously imposed, and the offender

20  shall receive credit for all tolled time against his or her

21  term of probation or community control.

22         Section 92.  Paragraph (b) of subsection (4) of section

23  985.05, Florida Statutes, is amended to read:

24         985.05  Court records.--

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

26  not admissible in evidence in any other civil or criminal

27  proceeding, except that:

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

29  criminal charge, made by the committing trial judge as a

30  committing magistrate, are admissible in evidence in the court

31  to which the adult is bound over.

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 1         Section 93.  Section 56.071, Florida Statutes, is

 2  amended to read:

 3         56.071  Executions on equities of redemption; discovery

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

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

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

 7  other persons interested in the mortgaged property levied on

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

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

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

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

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

13  The court may appoint a general or special magistrate master

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

15  the interest of and personal property in possession of a

16  vendee under a retained title contract or conditional sales

17  contract.

18         Section 94.  Subsections (2), (7), and (10) of section

19  56.29, Florida Statutes, are amended to read:

20         56.29  Proceedings supplementary.--

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

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

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

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

25  examined concerning his or her property.

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

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

28  report findings of law or fact, or both.  The master has all

29  the powers thereof, including the power to issue subpoena, and

30  shall be paid the fees provided by law.

31  

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

 2  this section by a judge or general or special magistrate

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

 4  on him or her may be held in contempt.

 5         Section 95.  Subsection (4) of section 61.1826, Florida

 6  Statutes, is amended to read:

 7         61.1826  Procurement of services for State Disbursement

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

 9  Registry; contracts and cooperative agreements; penalties;

10  withholding payment.--

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

12  contract between the Florida Association of Court Clerks and

13  the department, and cooperative agreements entered into by the

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

15  limited to, the following terms:

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

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

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

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

20  department.

21         (b)  The duties and responsibilities of the Florida

22  Association of Court Clerks, the depositories, and the

23  department.

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

25  subcontractors shall submit to the department directly, or

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

27  monthly expenditures in a format prescribed by the department

28  and in sufficient detail for a proper preaudit and postaudit

29  thereof.

30         (d)  All providers and subcontractors shall submit to

31  the department directly, or through the Florida Association of

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

 2  department.

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

 4  as may be required.

 5         (f)  Federal financial participation for eligible Title

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

 7  Clerks and the depositories shall be at the maximum level

 8  permitted by federal law for expenditures incurred for the

 9  provision of services in support of child support enforcement

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

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

12  annual cost allocation study of each depository. The

13  depositories shall submit directly, or through the Florida

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

15  expenditures monthly to the department in a standardized

16  format as prescribed by the department. The Florida

17  Association of Court Clerks shall contract with a certified

18  public accounting firm, selected by the Florida Association of

19  Court Clerks and the department, to audit and certify

20  quarterly to the department all claims for expenditures

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

22         (g)  Upon termination of the contracts between the

23  department and the Florida Association of Court Clerks or the

24  depositories, the Florida Association of Court Clerks, its

25  agents, and the depositories shall assist the department in

26  making an orderly transition to a private vendor.

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

28  be in accordance with s. 215.422.

29  

30  If either the department or the Florida Association of Court

31  Clerks objects to a term of the standard cooperative agreement

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

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

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

 4  act as special magistrate master. The special magistrate

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

 6  The resolution of a dispute by the special magistrate master

 7  is binding on the department and the Florida Association of

 8  Court Clerks.

 9         Section 96.  Section 64.061, Florida Statutes, is

10  amended to read:

11         64.061  Partition of property; commissioners; special

12  magistrate master.--

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

14  partition is made, the court shall appoint three suitable

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

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

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

18  appointed in their places.

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

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

21  the trust imposed in them faithfully and impartially before

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

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

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

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

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

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

28  party may file objections to the report of the commissioners

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

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

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

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

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

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

 4  their respective shares as against the other parties to the

 5  action or those claiming through or under them.

 6         (4)  APPOINTMENT OF SPECIAL MAGISTRATE MASTER WHERE

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

 8  allegation in a pleading that the property sought to be

 9  partitioned is indivisible and is not subject to partition

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

11  partition is entered and the court is satisfied that the

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

13  the others the court may appoint a special magistrate master

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

15  sale or as provided by s. 64.071.

16         Section 97.  Subsection (5) of section 65.061, Florida

17  Statutes, is amended to read:

18         65.061  Quieting title; additional remedy.--

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

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

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

22  conveyance were executed by a special magistrate master or

23  commissioner.

24         Section 98.  Section 69.051, Florida Statutes, is

25  amended to read:

26         69.051  General and special magistrates Masters in

27  chancery; compensation.--General and special magistrates

28  appointed by the court Masters in chancery shall be allowed

29  such compensation for any services as the court deems

30  reasonable, including time consumed in legal research required

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

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 1         Section 99.  Section 70.51, Florida Statutes, is

 2  amended to read:

 3         70.51  Land use and environmental dispute resolution.--

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

 5  and Environmental Dispute Resolution Act."

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

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

 8  proposed state or regional governmental agency action, which

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

10  with conditions an application for a development permit, and

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

12  state or a local government on comprehensive plan amendments

13  are not development orders.

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

15  zoning permit, subdivision approval, certification, special

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

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

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

19  has the effect of authorizing the development of real property

20  including, but not limited to, programs implementing chapters

21  125, 161, 163, 166, 187, 258, 372, 373, 378, 380, and 403.

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

23  selected by the parties to perform the duties prescribed in

24  this section.  The special magistrate master must be a

25  resident of the state and possess experience and expertise in

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

27  working familiarity with the others: land use and

28  environmental permitting, land planning, land economics, local

29  and state government organization and powers, and the law

30  governing the same.

31  

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

 2  interest in real property who filed an application for a

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

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

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

 6  action of a governmental entity.

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

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

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

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

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

12  municipality, or any other entity that independently exercises

13  governmental authority.  The term does not include the United

14  States or any of its agencies.

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

16  any appurtenances and improvements to the land, including any

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

18  interest.

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

20  either separately or in conjunction with other development

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

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

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

24  or notice of the governmental action for relief under this

25  section.

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

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

28  appointed head of the governmental entity that issued the

29  development order or orders, or that initiated the enforcement

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

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

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 1  request for relief to the special magistrate master who is

 2  mutually agreed upon by the owner and the governmental entity

 3  within 10 days after receipt of the request.

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

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

 6  by United States mail or by hand delivery to:

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

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

 9         (b)  Any substantially affected party who submitted

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

11  nature which stated with particularity objections to or

12  support for any development order at issue or enforcement

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

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

15  subsequent special magistrate master proceedings occurring on

16  the development order or enforcement action. Each governmental

17  entity must maintain in its files relating to particular

18  development orders a mailing list of persons who have

19  presented oral or written testimony and who have requested

20  notice.

21         (6)  The request for relief must contain:

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

23  the property.

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

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

26  the documentation of an enforcement action at issue must be

27  attached to the request.

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

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

30  achieve the proposed use of the property.

31  

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

 2  including the governmental entity, served.

 3         (7)  The special magistrate master may require other

 4  information in the interest of gaining a complete

 5  understanding of the request for relief.

 6         (8)  The special magistrate master may conduct a

 7  hearing on whether the request for relief should be dismissed

 8  for failing to include the information required in subsection

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

10  special magistrate master shall allow the owner to amend the

11  request and refile.  Failure to file an adequate amended

12  request within the time specified shall result in a dismissal

13  with prejudice as to this proceeding.

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

15  consents to grant the special magistrate master and the

16  parties reasonable access to the real property with advance

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

18  the real property.

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

20  proceeding to review a local development order or local

21  enforcement action, the owner must exhaust all nonjudicial

22  local government administrative appeals if the appeals take no

23  longer than 4 months.  Once nonjudicial local administrative

24  appeals are exhausted and the development order or enforcement

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

26  development order or notice of the enforcement action if the

27  owner has pursued local administrative appeals even if the

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

29  proceeding under this section.  Initiation of a proceeding

30  tolls the time for seeking judicial review of a local

31  government development order or enforcement action until the

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

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

 3  judicial review of a local government development order or

 4  enforcement action prior to initiating a proceeding under this

 5  section waives any right to a special magistrate master

 6  proceeding.

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

 8  this section from a development order or enforcement action

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

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

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

12  120.57 before initiating a special master proceeding under

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

14  magistrate master proceeding unless all parties consent to

15  proceeding to mediation.

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

17  governmental entity that issues the development order to the

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

19  instances when the development order or enforcement action is

20  the culmination of a process involving more than one

21  governmental entity or when a complete resolution of all

22  relevant issues would require the active participation of more

23  than one governmental entity, the special magistrate master

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

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

26  effecting the purposes of this section, and those governmental

27  entities so joined shall actively participate in the

28  procedure.

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

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

31  and any substantially affected person who submitted oral or

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

 2  which stated with particularity objections to or support for

 3  the development order or enforcement action at issue may

 4  request to participate in the proceeding.  Those persons may

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

 6  granted party or intervenor status. The participation of such

 7  persons is limited to addressing issues raised regarding

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

 9  development order or enforcement action which may impact their

10  substantial interests, including denial of the development

11  order or application of an enforcement action.

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

13  persons qualified by training or experience necessary to

14  address issues raised by the request or by the special

15  magistrate master and further qualified to address

16  alternatives, variances, and other types of modifications to

17  the development order or enforcement action are present at the

18  hearing.

19         (14)  The special magistrate master may subpoena any

20  nonparty witnesses in the state whom the special magistrate

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

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

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

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

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

26  property is located.

27         (b)  The special magistrate master must provide notice

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

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

30  days prior to the hearing.

31  

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

 2  for relief, the governmental entity that issued the

 3  development order or that is taking the enforcement action

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

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

 6  The response must set forth in reasonable detail the position

 7  of the governmental entity regarding the matters alleged by

 8  the owner.  The response must include a brief statement

 9  explaining the public purpose of the regulations on which the

10  development order or enforcement action is based.

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

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

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

14  15 days following its admission.

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

16  request for relief a request to be dropped from the

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

18  and circumstances relevant to aid the special magistrate

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

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

21  merits of the request for relief.

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

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

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

25  the supervision of the special magistrate master.  The object

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

27  governmental action giving rise to the request for relief and

28  to explore alternatives to the development order or

29  enforcement action and other regulatory efforts by the

30  governmental entities in order to recommend relief, when

31  appropriate, to the owner.

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 1         (a)  The first responsibility of the special magistrate

 2  master is to facilitate a resolution of the conflict between

 3  the owner and governmental entities to the end that some

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

 5  adjustment in the development order or enforcement action or

 6  regulatory efforts by one or more of the governmental parties

 7  may be reached. Accordingly, the special magistrate master

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

 9  an effort to effect a mutually acceptable solution.  The

10  parties shall be represented at the mediation by persons with

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

12  by persons with authority to recommend a solution directly to

13  the persons with authority to bind their respective parties to

14  a solution.

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

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

17  mediation, the special magistrate master shall consider the

18  facts and circumstances set forth in the request for relief

19  and any responses and any other information produced at the

20  hearing in order to determine whether the action by the

21  governmental entity or entities is unreasonable or unfairly

22  burdens the real property.

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

24  master may hear from all parties and witnesses that are

25  necessary to an understanding of the matter. The special

26  magistrate master shall weigh all information offered at the

27  hearing.

28         (18)  The circumstances to be examined in determining

29  whether the development order or enforcement action, or the

30  development order or enforcement action in conjunction with

31  regulatory efforts of other governmental parties, is

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 1  unreasonable or unfairly burdens use of the property may

 2  include, but are not limited to:

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

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

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

 6  how it was initially used.

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

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

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

10  whether plats were filed or recorded, and whether

11  infrastructure and other public services or improvements may

12  have been dedicated to the public.

13         (c)  The history of environmental protection and land

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

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

16  in classifications occurred.

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

18  property, including its natural and altered characteristics.

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

20  time of acquisition, or immediately prior to the

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

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

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

24  development order or enforcement action, including the nature

25  and magnitude of the problem addressed by the underlying

26  regulations on which the development order or enforcement

27  action is based; whether the development order or enforcement

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

29  and whether there are alternative development orders or

30  enforcement action conditions that would achieve the public

31  

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

 2  property.

 3         (g)  Uses authorized for and restrictions placed on

 4  similar property.

 5         (h)  Any other information determined relevant by the

 6  special magistrate master.

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

 8  hearing, the special magistrate master shall prepare and file

 9  with all parties a written recommendation.

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

11  development order at issue, or the development order or

12  enforcement action in combination with the actions or

13  regulations of other governmental entities, is not

14  unreasonable or does not unfairly burden the use of the

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

16  that the development order or enforcement action remain

17  undisturbed and the proceeding shall end, subject to the

18  owner's retention of all other available remedies.

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

20  development order or enforcement action, or the development

21  order or enforcement action in combination with the actions or

22  regulations of other governmental entities, is unreasonable or

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

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

25  recommend one or more alternatives that protect the public

26  interest served by the development order or enforcement action

27  and regulations at issue but allow for reduced restraints on

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

29  limited to:

30  

31  

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 1         1.  An adjustment of land development or permit

 2  standards or other provisions controlling the development or

 3  use of land.

 4         2.  Increases or modifications in the density,

 5  intensity, or use of areas of development.

 6         3.  The transfer of development rights.

 7         4.  Land swaps or exchanges.

 8         5.  Mitigation, including payments in lieu of onsite

 9  mitigation.

10         6.  Location on the least sensitive portion of the

11  property.

12         7.  Conditioning the amount of development or use

13  permitted.

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

15  comprehensive basis than a single proposed use or development.

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

17  special exception, or other extraordinary relief, including

18  withdrawal of the enforcement action.

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

20  therein, by an appropriate governmental entity.

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

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

23  permissible use of the property prior to the special

24  magistrate master entering a recommendation.  An agreement for

25  a permissible use must be incorporated in the special

26  magistrate's master's recommendation.

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

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

29  statements of all participants to the special magistrate

30  master proceeding are evidence of an offer to compromise and

31  inadmissible in any proceeding, judicial or administrative.

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

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

 3  responsible for the development order or enforcement action

 4  and other governmental entities participating in the

 5  proceeding must consult among themselves and each governmental

 6  entity must:

 7         (a)  Accept the recommendation of the special

 8  magistrate master as submitted and proceed to implement it by

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

10  in the ordinary course and consistent with the rules and

11  procedures of that governmental entity.  However, the decision

12  of the governmental entity to accept the recommendation of the

13  special magistrate master with respect to granting a

14  modification, variance, or special exception to the

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

16  they would otherwise apply to the subject property does not

17  require an owner to duplicate previous processes in which the

18  owner has participated in order to effectuate the granting of

19  the modification, variance, or special exception;

20         (b)  Modify the recommendation as submitted by the

21  special magistrate master and proceed to implement it by

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

23  in the ordinary course and consistent with the rules and

24  procedures of that governmental entity; or

25         (c)  Reject the recommendation as submitted by the

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

27  rejection unless the period is extended by agreement of the

28  owner and issuer of the development order or enforcement

29  action.

30         (22)  If a governmental entity accepts the special

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

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 1  owner rejects the acceptance or modification, or if a

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

 3  recommendation, the governmental entity must issue a written

 4  decision within 30 days that describes as specifically as

 5  possible the use or uses available to the subject real

 6  property.

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

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

 9  by agreement of the parties.  A decision describing available

10  uses constitutes the last prerequisite to judicial action and

11  the matter is ripe or final for subsequent judicial

12  proceedings unless the owner initiates a proceeding under ss.

13  120.569 and 120.57. If the owner brings a proceeding under ss.

14  120.569 and 120.57, the matter is ripe when the proceeding

15  culminates in a final order whether further appeal is

16  available or not.

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

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

19  the governmental entity acts on the special magistrate's

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

21  court of competent jurisdiction. Invoking the procedures of

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

23  action.

24         (25)  Regardless of the action the governmental entity

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

26  recommendation that the development order or enforcement

27  action, or the development order or enforcement action in

28  combination with other governmental regulatory actions, is

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

30  property may serve as an indication of sufficient hardship to

31  support modification, variances, or special exceptions to the

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

 2  the subject property.

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

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

 5  support document for, a comprehensive plan or comprehensive

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

 7  determination of compliance with chapter 163.  Any

 8  comprehensive plan amendment necessary to carry out the

 9  approved recommendation of a special magistrate master under

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

11  amendments and may be adopted by the local government

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

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

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

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

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

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

18  what action the governmental entity took on the special

19  magistrate's master's recommendation.

20         (28)  Each governmental entity may establish procedural

21  guidelines to govern the conduct of proceedings authorized by

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

23  payment of special magistrate master fees and expenses,

24  including the costs of providing notice and effecting service

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

26  borne equally by the governmental entities and the owner.

27         (29)  This section shall be liberally construed to

28  effect fully its obvious purposes and intent, and governmental

29  entities shall direct all available resources and authorities

30  to effect fully the obvious purposes and intent of this

31  section in resolving disputes.  Governmental entities are

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 1  encouraged to expedite notice and time-related provisions to

 2  implement resolution of disputes under this section.  The

 3  procedure established by this section may be used to resolve

 4  disputes in pending judicial proceedings, with the agreement

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

 6  approval of the court in which the judicial proceedings are

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

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

 9  lawfully available for arbitration, mediation, or other forms

10  of alternative dispute resolution.

11         (30)  This section applies only to development orders

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

13  issued, on or after October 1, 1995.

14         Section 100.  Subsection (1) of section 92.142, Florida

15  Statutes, is amended to read:

16         92.142  Witnesses; pay.--

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

18  courts, now or hereafter created, and witnesses summoned

19  before any arbitrator or general or special magistrate

20  appointed by the court master in chancery shall receive for

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

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

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

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

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

26  and travel expenses at the same rate provided for state

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

28  at the discretion of the court.

29         Section 101.  Section 112.41, Florida Statutes, is

30  amended to read:

31  

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 1         112.41  Contents of order of suspension; Senate select

 2  committee; special magistrate examiner.--

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

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

 5  State Constitution, shall specify facts sufficient to advise

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

 7  basis of the suspension.

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

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

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

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

12  the purpose of hearing the evidence and making its

13  recommendation to the Senate as to the removal or

14  reinstatement of the suspended officer.

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

16  committee, appoint a special examiner or a special magistrate

17  master to receive the evidence and make recommendations to the

18  Senate.

19         Section 102.  Section 112.43, Florida Statutes, is

20  amended to read:

21         112.43  Prosecution of suspension before Senate.--All

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

23  special magistrate master, or examiner in accordance with

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

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

26  Governor.  Should the Senate, or the select committee

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

28  recommendations, desire private counsel, either the Senate or

29  the select committee shall be entitled to employ its own

30  counsel for this purpose.  Nothing herein shall prevent the

31  Senate or its select committee from making its own

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 1  investigation and presenting such evidence as its

 2  investigation may reveal.  The Governor may request the advice

 3  of the Department of Legal Affairs relative to the suspension

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

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

 6  select committee may request the Department of Legal Affairs

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

 8  law or otherwise advise with the Senate or the select

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

10  required to prosecute before the Senate or the committee and

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

12  adviser only.

13         Section 103.  Section 112.47, Florida Statutes, is

14  amended to read:

15         112.47  Hearing before Senate select committee;

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

17  hearing before a select committee or special magistrate,

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

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

20  thereof to afford such official an opportunity fully and

21  adequately to prepare such defenses as the official may be

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

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

24  the furtherance of this provision the Senate shall adopt

25  sufficient procedural rules to afford due process both to the

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

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

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

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

30  nothing in this part shall prevent either the select committee

31  

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 1  or the Senate from conducting portions of the hearing in

 2  executive session if the Senate rules so provide.

 3         Section 104.  Subsection (2) of section 162.03, Florida

 4  Statutes, is amended to read:

 5         162.03  Applicability.--

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

 7  municipality may, by ordinance, adopt an alternate code

 8  enforcement system that which gives code enforcement boards or

 9  special magistrates masters designated by the local governing

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

11  against violators of the respective county or municipal codes

12  and ordinances. A special magistrate master shall have the

13  same status as an enforcement board under this chapter.

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

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

16  context permits.

17         Section 105.  Subsection (5) of section 162.06, Florida

18  Statutes, is amended to read:

19         162.06  Enforcement procedure.--

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

21  an enforcement proceeding before an enforcement board, special

22  magistrate master, or court transfers ownership of such

23  property between the time the initial pleading was served and

24  the time of the hearing, such owner shall:

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

26  of the proceeding to the prospective transferee.

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

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

29  code enforcement proceeding received by the transferor.

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

31  transferee that the new owner will be responsible for

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 1  compliance with the applicable code and with orders issued in

 2  the code enforcement proceeding.

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

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

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

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

 7  

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

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

10  presumption of fraud. If the property is transferred before

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

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

13  correct the violation before the hearing is held.

14         Section 106.  Paragraph (d) of subsection (2) of

15  section 162.09, Florida Statutes, is amended to read:

16         162.09  Administrative fines; costs of repair; liens.--

17         (2)

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

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

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

21  county or municipality, an ordinance that gives code

22  enforcement boards or special magistrates masters, or both,

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

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

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

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

27  code enforcement board or special magistrate master finds the

28  violation to be irreparable or irreversible in nature.  In

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

30  magistrate master may impose additional fines to cover all

31  costs incurred by the local government in enforcing its codes

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

 2  ordinance imposing such fines shall include criteria to be

 3  considered by the code enforcement board or special magistrate

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

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

 6         Section 107.  Section 173.09, Florida Statutes, is

 7  amended to read:

 8         173.09  Judgment for complainant; special magistrate's

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

10         (1)  Any such decree shall direct the special

11  magistrate master thereby appointed to sell the several

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

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

14  special assessments included in such judgment, for bonds or

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

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

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

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

19  after having advertised such sale (which advertisement may

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

21  consecutive weeks in some newspaper published in the

22  municipality city or town in which is the complainant arose

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 6  special magistrate master shall thereupon convey such parcel

 7  or parcels of land to the complainant.

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

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

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

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

12  discretion, accept in payment or part payment therefor any

13  bonds or interest coupons constituting liabilities of the

14  municipality said city or town.

15         Section 108.  Section 173.10, Florida Statutes, is

16  amended to read:

17         173.10  Judgment for complainant; court may order

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

19  magistrate's master's conveyances.--

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

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

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

23  special assessments or installments thereof, imposed or

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

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

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

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

28  taxes and special assessments.

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

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

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

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 1  county taxes or taxing districts whose liens are of equal

 2  dignity, and liens for municipal taxes and special

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

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

 5  sale.

 6         Section 109.  Section 173.11, Florida Statutes, is

 7  amended to read:

 8         173.11  Distribution of proceeds of sale.--The proceeds

 9  of any foreclosure sale authorized by this chapter shall be

10  distributed by the special magistrate master conducting the

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

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

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

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

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

16  court and disbursed under order of the court.

17         Section 110.  Section 173.12, Florida Statutes, is

18  amended to read:

19         173.12  Lands may be redeemed prior to sale.--Any

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

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

22  special magistrate master by paying into the registry of the

23  court the amount due for delinquent taxes, interest and

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

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

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

27  complainant, and thereupon such lands shall be dismissed from

28  the cause.

29         Section 111.  Subsection (1) of section 194.013,

30  Florida Statutes, is amended to read:

31  

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 1         194.013  Filing fees for petitions; disposition;

 2  waiver.--

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

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

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

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

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

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

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

10  respect to an appeal from the disapproval of homestead

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

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

13  under this section as to any particular parcel of property

14  despite the existence of multiple issues and hearings

15  pertaining to such parcel.  For joint petitions filed pursuant

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

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

18  special magistrate master for the time involved in hearing the

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

20  is to be proportionately paid by affected parcel owners.

21         Section 112.  Paragraph (d) of subsection (1) and

22  subsections (2) and (6) of section 194.034, Florida Statutes,

23  are amended to read:

24         194.034  Hearing procedures; rules.--

25         (1)

26         (d)  Notwithstanding the provisions of this subsection,

27  no petitioner may present for consideration, nor may a board

28  or special magistrate master accept for consideration,

29  testimony or other evidentiary materials that were requested

30  of the petitioner in writing by the property appraiser of

31  

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 1  which the petitioner had knowledge and denied to the property

 2  appraiser.

 3         (2)  In each case, except when a complaint is withdrawn

 4  by the petitioner or is acknowledged as correct by the

 5  property appraiser, the value adjustment board shall render a

 6  written decision.  All such decisions shall be issued within

 7  20 calendar days after of the last day the board is in session

 8  under s. 194.032.  The decision of the board shall contain

 9  findings of fact and conclusions of law and shall include

10  reasons for upholding or overturning the determination of the

11  property appraiser.  When a special magistrate master has been

12  appointed, the recommendations of the special magistrate

13  master shall be considered by the board.  The clerk, upon

14  issuance of the decisions, shall, on a form provided by the

15  Department of Revenue, notify by first-class mail each

16  taxpayer, the property appraiser, and the department of the

17  decision of the board.

18         (6)  For purposes of hearing joint petitions filed

19  pursuant to s. 194.011(3)(e), each included parcel shall be

20  considered by the board as a separate petition.  Such separate

21  petitions shall be heard consecutively by the board.  If a

22  special magistrate master is appointed, such separate

23  petitions shall all be assigned to the same special magistrate

24  master.

25         Section 113.  Section 194.035, Florida Statutes, is

26  amended to read:

27         194.035  Special magistrates masters; property

28  evaluators.--

29         (1)  In counties having a population of more than

30  75,000, the board shall appoint special magistrates masters

31  for the purpose of taking testimony and making recommendations

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 1  to the board, which recommendations the board may act upon

 2  without further hearing. These Such special magistrates

 3  masters may not be elected or appointed officials or employees

 4  of the county but shall be selected from a list of those

 5  qualified individuals who are willing to serve as special

 6  magistrates masters. Employees and elected or appointed

 7  officials of a taxing jurisdiction or of the state may not

 8  serve as special magistrates masters. The clerk of the board

 9  shall annually notify such individuals or their professional

10  associations to make known to them that opportunities to serve

11  as special magistrates masters exist. The Department of

12  Revenue shall provide a list of qualified special magistrates

13  masters to any county with a population of 75,000 or less.

14  Subject to appropriation, the department shall reimburse

15  counties with a population of 75,000 or less for payments made

16  to special magistrates masters appointed for the purpose of

17  taking testimony and making recommendations to the value

18  adjustment board pursuant to this section. The department

19  shall establish a reasonable range for payments per case to

20  special magistrates masters based on such payments in other

21  counties. Requests for reimbursement of payments outside this

22  range shall be justified by the county. If the total of all

23  requests for reimbursement in any year exceeds the amount

24  available pursuant to this section, payments to all counties

25  shall be prorated accordingly. A special magistrate master

26  appointed to hear issues of exemptions and classifications

27  shall be a member of The Florida Bar with no less than 5

28  years' experience in the area of ad valorem taxation. A

29  special magistrate master appointed to hear issues regarding

30  the valuation of real estate shall be a state certified real

31  estate appraiser with not less than 5 years' experience in

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 1  real property valuation. A special magistrate master appointed

 2  to hear issues regarding the valuation of tangible personal

 3  property shall be a designated member of a nationally

 4  recognized appraiser's organization with not less than 5

 5  years' experience in tangible personal property valuation. A

 6  special magistrate master need not be a resident of the county

 7  in which he or she serves. A No special magistrate may not

 8  master shall be permitted to represent a person before the

 9  board in any tax year during which he or she has served that

10  board as a special magistrate master. The board shall appoint

11  special magistrates such masters from the list so compiled

12  prior to convening of the board. The expense of hearings

13  before magistrates masters and any compensation of special

14  magistrates masters shall be borne three-fifths by the board

15  of county commissioners and two-fifths by the school board.

16         (2)  The value adjustment board of each county may

17  employ qualified property appraisers or evaluators to appear

18  before the value adjustment board at that meeting of the board

19  which is held for the purpose of hearing complaints. Such

20  property appraisers or evaluators shall present testimony as

21  to the just value of any property the value of which is

22  contested before the board and shall submit to examination by

23  the board, the taxpayer, and the property appraiser.

24         Section 114.  Section 206.16, Florida Statutes, is

25  amended to read:

26         206.16  Officer selling property.--

27         (1)  No sheriff, receiver, assignee, general or special

28  magistrate master, or other officer shall sell the property or

29  franchise of any person for failure to pay fuel taxes,

30  penalties, or interest without first filing with the

31  department a statement containing the following information:

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 1         (a)  The name of the plaintiff or party at whose

 2  instance or upon whose account the sale is made;

 3         (b)  The name of the person whose property or franchise

 4  is to be sold;

 5         (c)  The time and place of sale; and

 6         (d)  The nature of the property and the location of the

 7  same.

 8         (2)  The department, after receiving notice as

 9  aforesaid, shall furnish to the sheriff, receiver, trustee,

10  assignee, general or special magistrate master, or other

11  officer having charge of the sale a certified copy or copies

12  of all fuel taxes, penalties, and interest on file in the

13  office of the department as liens against such person, and, in

14  the event there are no such liens, a certificate showing that

15  fact, which certified copies or copy of certificate shall be

16  publicly read by such officer at and immediately before the

17  sale of the property or franchise of such person.

18         Section 115.  Section 207.016, Florida Statutes, is

19  amended to read:

20         207.016  Officer's sale of property or franchise.--

21         (1)  No sheriff, receiver, assignee, general or special

22  magistrate master, or other officer shall sell the property or

23  franchise of any person for failure to pay taxes, penalties,

24  or interest without first filing with the department a

25  statement containing the following information:

26         (a)  The name of the plaintiff or party at whose

27  instance or upon whose account the sale is made.

28         (b)  The name of the person whose property or franchise

29  is to be sold.

30         (c)  The time and place of sale.

31  

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 1         (d)  The nature of the property and the location of the

 2  same.

 3         (2)  The department, after receiving notice as provided

 4  in subsection (1), shall furnish to the sheriff, receiver,

 5  trustee, assignee, general or special magistrate master, or

 6  other officer having charge of the sale a certified copy or

 7  copies of all taxes, penalties, and interest on file in the

 8  office of the department as liens against such person and, in

 9  the event there are no such liens, a certificate showing that

10  fact, which certified copy or copies of certificate shall be

11  publicly read by such officer at and immediately before the

12  sale of the property or franchise of such person.

13         Section 116.  Section 320.411, Florida Statutes, is

14  amended to read:

15         320.411  Officer's sale of property or franchise.--

16         (1)  No sheriff, receiver, assignee, general or special

17  magistrate master, or other officer shall sell the property or

18  franchise of any motor carrier for failure to pay taxes,

19  penalties, or interest without first filing with the

20  department a statement containing the following information:

21         (a)  The name of the plaintiff or party at whose

22  instance or upon whose account the sale is made.

23         (b)  The name of the motor carrier whose property or

24  franchise is to be sold.

25         (c)  The time and place of sale.

26         (d)  The nature of the property and the location of the

27  same.

28         (2)  The department, after receiving notice as provided

29  in subsection (1), shall furnish to the sheriff, receiver,

30  trustee, assignee, general or special magistrate master, or

31  other officer having charge of the sale a certified copy of

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 1  all taxes, penalties, and interest on file in the office of

 2  the department as liens against such motor carrier and, in the

 3  event there are no such liens, a certificate showing that

 4  fact, which certified copy or copies of certificate shall be

 5  publicly read by such officer at and immediately before the

 6  sale of the property or franchise of such motor carrier.

 7         Section 117.  Subsection (7) of section 393.11, Florida

 8  Statutes, is amended to read:

 9         393.11  Involuntary admission to residential

10  services.--

11         (7)  HEARING.--

12         (a)  The hearing for involuntary admission shall be

13  conducted, and the order shall be entered, in the county in

14  which the person is residing or be as convenient to the person

15  as may be consistent with orderly procedure. The hearing shall

16  be conducted in a physical setting not likely to be injurious

17  to the person's condition.

18         (b)  A hearing on the petition shall be held as soon as

19  practicable after the petition is filed, but reasonable delay

20  for the purpose of investigation, discovery, or procuring

21  counsel or witnesses shall be granted.

22         (c)  The court may appoint a general or special

23  magistrate master to preside.  Except as otherwise specified,

24  the magistrate's master's proceeding shall be governed by Rule

25  1.490, Florida Rules of Civil Procedure.

26         (d)  The person with mental retardation shall be

27  physically present throughout the entire proceeding.  If the

28  person's attorney believes that the person's presence at the

29  hearing is not in the person's best interest, the person's

30  presence may be waived once the court has seen the person and

31  the hearing has commenced.

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 1         (e)  The person shall have the right to present

 2  evidence and to cross-examine all witnesses and other evidence

 3  alleging the appropriateness of the person's admission to

 4  residential care. Other relevant and material evidence

 5  regarding the appropriateness of the person's admission to

 6  residential services; the most appropriate, least restrictive

 7  residential placement; and the appropriate care, treatment,

 8  and habilitation of the person, including written or oral

 9  reports, may be introduced at the hearing by any interested

10  person.

11         (f)  The petitioning commission may be represented by

12  counsel at the hearing.  The petitioning commission shall have

13  the right to call witnesses, present evidence, cross-examine

14  witnesses, and present argument on behalf of the petitioning

15  commission.

16         (g)  All evidence shall be presented according to

17  chapter 90.  The burden of proof shall be on the party

18  alleging the appropriateness of the person's admission to

19  residential services. The burden of proof shall be by clear

20  and convincing evidence.

21         (h)  All stages of each proceeding shall be

22  stenographically reported.

23         Section 118.  Subsections (6) and (7) of section

24  394.467, Florida Statutes, are amended to read:

25         394.467  Involuntary placement.--

26         (6)  HEARING ON INVOLUNTARY PLACEMENT.--

27         (a)1.  The court shall hold the hearing on involuntary

28  placement within 5 days, unless a continuance is granted.  The

29  hearing shall be held in the county where the patient is

30  located and shall be as convenient to the patient as may be

31  consistent with orderly procedure and shall be conducted in

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 1  physical settings not likely to be injurious to the patient's

 2  condition.  If the court finds that the patient's attendance

 3  at the hearing is not consistent with the best interests of

 4  the patient, and the patient's counsel does not object, the

 5  court may waive the presence of the patient from all or any

 6  portion of the hearing.  The state attorney for the circuit in

 7  which the patient is located shall represent the state, rather

 8  than the petitioning facility administrator, as the real party

 9  in interest in the proceeding.

10         2.  The court may appoint a general or special

11  magistrate master to preside at the hearing. One of the

12  professionals who executed the involuntary placement

13  certificate shall be a witness.  The patient and the patient's

14  guardian or representative shall be informed by the court of

15  the right to an independent expert examination.  If the

16  patient cannot afford such an examination, the court shall

17  provide for one. The independent expert's report shall be

18  confidential and not discoverable, unless the expert is to be

19  called as a witness for the patient at the hearing. The

20  testimony in the hearing must be given under oath, and the

21  proceedings must be recorded. The patient may refuse to

22  testify at the hearing.

23         (b)  If the court concludes that the patient meets the

24  criteria for involuntary placement, it shall order that the

25  patient be transferred to a treatment facility or, if the

26  patient is at a treatment facility, that the patient be

27  retained there or be treated at any other appropriate

28  receiving or treatment facility, or that the patient receive

29  services from a receiving or treatment facility, on an

30  involuntary basis, for a period of up to 6 months. The order

31  shall specify the nature and extent of the patient's mental

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 1  illness. The facility shall discharge a patient any time the

 2  patient no longer meets the criteria for involuntary

 3  placement, unless the patient has transferred to voluntary

 4  status.

 5         (c)  If at any time prior to the conclusion of the

 6  hearing on involuntary placement it appears to the court that

 7  the person does not meet the criteria for involuntary

 8  placement under this chapter, but instead meets the criteria

 9  for involuntary assessment, protective custody, or involuntary

10  admission pursuant to s. 397.675, then the court may order the

11  person to be admitted for involuntary assessment for a period

12  of 5 days pursuant to s. 397.6811.  Thereafter, all

13  proceedings shall be governed by chapter 397.

14         (d)  At the hearing on involuntary placement, the court

15  shall consider testimony and evidence regarding the patient's

16  competence to consent to treatment.  If the court finds that

17  the patient is incompetent to consent to treatment, it shall

18  appoint a guardian advocate as provided in s. 394.4598.

19         (e)  The administrator of the receiving facility shall

20  provide a copy of the court order and adequate documentation

21  of a patient's mental illness to the administrator of a

22  treatment facility whenever a patient is ordered for

23  involuntary placement, whether by civil or criminal court.

24  Such documentation shall include any advance directives made

25  by the patient, a psychiatric evaluation of the patient, and

26  any evaluations of the patient performed by a clinical

27  psychologist or a clinical social worker. The administrator of

28  a treatment facility may refuse admission to any patient

29  directed to its facilities on an involuntary basis, whether by

30  civil or criminal court order, who is not accompanied at the

31  same time by adequate orders and documentation.

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 1         (7)  PROCEDURE FOR CONTINUED INVOLUNTARY PLACEMENT.--

 2         (a)  Hearings on petitions for continued involuntary

 3  placement shall be administrative hearings and shall be

 4  conducted in accordance with the provisions of s. 120.57(1),

 5  except that any order entered by the administrative law judge

 6  hearing officer shall be final and subject to judicial review

 7  in accordance with s. 120.68.  Orders concerning patients

 8  committed after successfully pleading not guilty by reason of

 9  insanity shall be governed by the provisions of s. 916.15.

10         (b)  If the patient continues to meet the criteria for

11  involuntary placement, the administrator shall, prior to the

12  expiration of the period during which the treatment facility

13  is authorized to retain the patient, file a petition

14  requesting authorization for continued involuntary placement.

15  The request shall be accompanied by a statement from the

16  patient's physician or clinical psychologist justifying the

17  request, a brief description of the patient's treatment during

18  the time he or she was involuntarily placed, and an

19  individualized plan of continued treatment.  Notice of the

20  hearing shall be provided as set forth in s. 394.4599. If at

21  the hearing the administrative law judge hearing officer finds

22  that attendance at the hearing is not consistent with the best

23  interests of the patient, the administrative law judge hearing

24  officer may waive the presence of the patient from all or any

25  portion of the hearing, unless the patient, through counsel,

26  objects to the waiver of presence.  The testimony in the

27  hearing must be under oath, and the proceedings must be

28  recorded.

29         (c)  Unless the patient is otherwise represented or is

30  ineligible, he or she shall be represented at the hearing on

31  

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 1  the petition for continued involuntary placement by the public

 2  defender of the circuit in which the facility is located.

 3         (d)  If at a hearing it is shown that the patient

 4  continues to meet the criteria for involuntary placement, the

 5  administrative law judge shall sign the order for continued

 6  involuntary placement for a period not to exceed 6 months.

 7  The same procedure shall be repeated prior to the expiration

 8  of each additional period the patient is retained.

 9         (e)  If continued involuntary placement is necessary

10  for a patient admitted while serving a criminal sentence, but

11  whose sentence is about to expire, or for a patient

12  involuntarily placed while a minor but who is about to reach

13  the age of 18, the administrator shall petition the

14  administrative law judge for an order authorizing continued

15  involuntary placement.

16         (f)  If the patient has been previously found

17  incompetent to consent to treatment, the administrative law

18  judge hearing officer shall consider testimony and evidence

19  regarding the patient's competence.  If the administrative law

20  judge hearing officer finds evidence that the patient is now

21  competent to consent to treatment, the administrative law

22  judge hearing officer may issue a recommended order to the

23  court that found the patient incompetent to consent to

24  treatment that the patient's competence be restored and that

25  any guardian advocate previously appointed be discharged.

26         Section 119.  Subsection (7) of section 397.311,

27  Florida Statutes, is amended to read:

28         397.311  Definitions.--As used in this chapter, except

29  part VIII:

30         (7)  "Court" means, with respect to all involuntary

31  proceedings under this chapter, the circuit court of the

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 1  county in which the judicial proceeding is pending or where

 2  the substance abuse impaired person resides or is located, and

 3  includes any general or special magistrate master that may be

 4  appointed by the chief judge to preside over all or part of

 5  such proceeding. Otherwise, "court" refers to the court of

 6  legal jurisdiction in the context in which the term is used in

 7  this chapter.

 8         Section 120.  Subsection (1) of section 397.681,

 9  Florida Statutes, is amended to read:

10         397.681  Involuntary petitions; general provisions;

11  court jurisdiction and right to counsel.--

12         (1)  JURISDICTION.--The courts have jurisdiction of

13  involuntary assessment and stabilization petitions and

14  involuntary treatment petitions for substance abuse impaired

15  persons, and such petitions must be filed with the clerk of

16  the court in the county where the person is located.  The

17  chief judge may appoint a general or special magistrate master

18  to preside over all or part of the proceedings. The alleged

19  impaired person is named as the respondent.

20         Section 121.  Subsection (5) of section 447.207,

21  Florida Statutes, is amended to read:

22         447.207  Commission; powers and duties.--

23         (5)  The commission shall adopt rules as to the

24  qualifications of persons who may serve as mediators and

25  special magistrates masters and shall maintain lists of such

26  qualified persons who are not employees of the commission.

27  The commission may initiate dispute resolution procedures by

28  special magistrates masters, pursuant to the provisions of

29  this part.

30         Section 122.  Subsections (2), (3), and (4) of section

31  447.403, Florida Statutes, are amended to read:

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 1         447.403  Resolution of impasses.--

 2         (2)(a)  If no mediator is appointed, or upon the

 3  request of either party, the commission shall appoint, and

 4  submit all unresolved issues to, a special magistrate master

 5  acceptable to both parties. If the parties are unable to agree

 6  on the appointment of a special magistrate master, the

 7  commission shall appoint, in its discretion, a qualified

 8  special magistrate master.  However, if the parties agree in

 9  writing to waive the appointment of a special magistrate

10  master, the parties may proceed directly to resolution of the

11  impasse by the legislative body pursuant to paragraph (4)(d).

12  Nothing in this section precludes the parties from using the

13  services of a mediator at any time during the conduct of

14  collective bargaining.

15         (b)  If the Governor is the public employer, no special

16  magistrate master shall be appointed. The parties may proceed

17  directly to the Legislature for resolution of the impasse

18  pursuant to paragraph (4)(d).

19         (3)  The special magistrate master shall hold hearings

20  in order to define the area or areas of dispute, to determine

21  facts relating to the dispute, and to render a decision on any

22  and all unresolved contract issues.  The hearings shall be

23  held at times, dates, and places to be established by the

24  special magistrate master in accordance with rules promulgated

25  by the commission.  The special magistrate master shall be

26  empowered to administer oaths and issue subpoenas on behalf of

27  the parties to the dispute or on his or her own behalf.

28  Within 15 calendar days after the close of the final hearing,

29  the special magistrate master shall transmit his or her

30  recommended decision to the commission and to the

31  representatives of both parties by registered mail, return

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 1  receipt requested.  Such recommended decision shall be

 2  discussed by the parties, and each recommendation of the

 3  special magistrate master shall be deemed approved by both

 4  parties unless specifically rejected by either party by

 5  written notice filed with the commission within 20 calendar

 6  days after the date the party received the special

 7  magistrate's master's recommended decision.  The written

 8  notice shall include a statement of the cause for each

 9  rejection and shall be served upon the other party.

10         (4)  If either the public employer or the employee

11  organization does not accept, in whole or in part, the

12  recommended decision of the special magistrate master:

13         (a)  The chief executive officer of the governmental

14  entity involved shall, within 10 days after rejection of a

15  recommendation of the special magistrate master, submit to the

16  legislative body of the governmental entity involved a copy of

17  the findings of fact and recommended decision of the special

18  magistrate master, together with the chief executive officer's

19  recommendations for settling the disputed impasse issues.  The

20  chief executive officer shall also transmit his or her

21  recommendations to the employee organization.

22         (b)  The employee organization shall submit its

23  recommendations for settling the disputed impasse issues to

24  such legislative body and to the chief executive officer;

25         (c)  The legislative body or a duly authorized

26  committee thereof shall forthwith conduct a public hearing at

27  which the parties shall be required to explain their positions

28  with respect to the rejected recommendations of the special

29  magistrate master;

30         (d)  Thereafter, the legislative body shall take such

31  action as it deems to be in the public interest, including the

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 1  interest of the public employees involved, to resolve all

 2  disputed impasse issues; and

 3         (e)  Following the resolution of the disputed impasse

 4  issues by the legislative body, the parties shall reduce to

 5  writing an agreement which includes those issues agreed to by

 6  the parties and those disputed impasse issues resolved by the

 7  legislative body's action taken pursuant to paragraph (d). The

 8  agreement shall be signed by the chief executive officer and

 9  the bargaining agent and shall be submitted to the public

10  employer and to the public employees who are members of the

11  bargaining unit for ratification. If such agreement is not

12  ratified by all parties, pursuant to the provisions of s.

13  447.309, the legislative body's action taken pursuant to the

14  provisions of paragraph (d) shall take effect as of the date

15  of such legislative body's action for the remainder of the

16  first fiscal year which was the subject of negotiations;

17  however, the legislative body's action shall not take effect

18  with respect to those disputed impasse issues which establish

19  the language of contractual provisions which could have no

20  effect in the absence of a ratified agreement, including, but

21  not limited to, preambles, recognition clauses, and duration

22  clauses.

23         Section 123.  Section 447.405, Florida Statutes, is

24  amended to read:

25         447.405  Factors to be considered by the special

26  magistrate master.--The special magistrate master shall

27  conduct the hearings and render recommended decisions with the

28  objective of achieving a prompt, peaceful, and just settlement

29  of disputes between the public employee organizations and the

30  public employers.  The factors, among others, to be given

31  

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 1  weight by the special magistrate master in arriving at a

 2  recommended decision shall include:

 3         (1)  Comparison of the annual income of employment of

 4  the public employees in question with the annual income of

 5  employment maintained for the same or similar work of

 6  employees exhibiting like or similar skills under the same or

 7  similar working conditions in the local operating area

 8  involved.

 9         (2)  Comparison of the annual income of employment of

10  the public employees in question with the annual income of

11  employment of public employees in similar public employee

12  governmental bodies of comparable size within the state.

13         (3)  The interest and welfare of the public.

14         (4)  Comparison of peculiarities of employment in

15  regard to other trades or professions, specifically with

16  respect to:

17         (a)  Hazards of employment.

18         (b)  Physical qualifications.

19         (c)  Educational qualifications.

20         (d)  Intellectual qualifications.

21         (e)  Job training and skills.

22         (f)  Retirement plans.

23         (g)  Sick leave.

24         (h)  Job security.

25         (5)  Availability of funds.

26         Section 124.  Section 447.407, Florida Statutes, is

27  amended to read:

28         447.407  Compensation of mediator and special

29  magistrate master; expenses.--The compensation of the mediator

30  and special magistrate master, and all stenographic and other

31  expenses, shall be borne equally by the parties.

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 1         Section 125.  Section 447.409, Florida Statutes, is

 2  amended to read:

 3         447.409  Records.--All records that which are relevant

 4  to, or have a bearing upon, any issue or issues raised by the

 5  proceedings conducted by the special magistrate master shall

 6  be made available to the special magistrate master by a

 7  request in writing to any of the parties to the impasse

 8  proceedings.  Notice of such request must shall be furnished

 9  to all parties.  Any such records that which are made

10  available to the special magistrate must master shall also be

11  made available to any other party to the impasse proceedings,

12  upon written request.

13         Section 126.  Subsections (1), (2), (3), (4), (5), and

14  (6) of section 475.011, Florida Statutes, are amended to read:

15         475.011  Exemptions.--This part does not apply to:

16         (1)  Any person acting as an attorney in fact for the

17  purpose of the execution of contracts or conveyances only; as

18  an attorney at law within the scope of her or his duties as

19  such; as a certified public accountant, as defined in chapter

20  473, within the scope of her or his duties as such; as the

21  personal representative, receiver, trustee, or general or

22  special magistrate master under, or by virtue of, an

23  appointment by will or by order of a court of competent

24  jurisdiction; or as trustee under a deed of trust, or under a

25  trust agreement, the ultimate purpose and intent whereof is

26  charitable, is philanthropic, or provides for those having a

27  natural right to the bounty of the donor or trustor.;

28         (2)  Any individual, corporation, partnership, trust,

29  joint venture, or other entity which sells, exchanges, or

30  leases its own real property; however, this exemption shall

31  not be available if and to the extent that an agent, employee,

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 1  or independent contractor paid a commission or other

 2  compensation strictly on a transactional basis is employed to

 3  make sales, exchanges, or leases to or with customers in the

 4  ordinary course of an owner's business of selling, exchanging,

 5  or leasing real property to the public.;

 6         (3)  Any employee of a public utility, a rural electric

 7  cooperative, a railroad, or a state or local governmental

 8  agency who acts within the scope of her or his employment, for

 9  which no compensation in addition to the employee's salary is

10  paid, to buy, sell, appraise, exchange, rent, auction, or

11  lease any real property or any interest in real property for

12  the use of her or his employer.;

13         (4)  Any salaried employee of an owner, or of a

14  registered broker for an owner, of an apartment community who

15  works in an onsite rental office of the apartment community in

16  a leasing capacity.;

17         (5)  Any person employed for a salary as a manager of a

18  condominium or cooperative apartment complex as a result of

19  any activities or duties which the person may have in relation

20  to the renting of individual units within such condominium or

21  cooperative apartment complex if rentals arranged by the

22  person are for periods no greater than 1 year.;

23         (6)  Any person, partnership, corporation, or other

24  legal entity which, for another and for compensation or other

25  valuable consideration, sells, offers to sell, advertises for

26  sale, buys, offers to buy, or negotiates the sale or purchase

27  of radio, television, or cable enterprises licensed and

28  regulated by the Federal Communications Commission pursuant to

29  the Communications Act of 1934.  However, if the sale or

30  purchase of the radio, television, or cable enterprise

31  involves the sale or lease of land, buildings, fixtures, and

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 1  all other improvements to the land, a broker or salesperson

 2  licensed under this chapter shall be retained for the portion

 3  of the transaction which includes the land, buildings,

 4  fixtures, and all other improvements to the land.; or

 5         Section 127.  Paragraphs (d), (f), (g), (h), and (j) of

 6  subsection (5) of section 489.127, Florida Statutes, are

 7  amended to read:

 8         489.127  Prohibitions; penalties.--

 9         (5)  Each county or municipality may, at its option,

10  designate one or more of its code enforcement officers, as

11  defined in chapter 162, to enforce, as set out in this

12  subsection, the provisions of subsection (1) and s. 489.132(1)

13  against persons who engage in activity for which a county or

14  municipal certificate of competency or license or state

15  certification or registration is required.

16         (d)  The act for which the citation is issued shall be

17  ceased upon receipt of the citation; and the person charged

18  with the violation shall elect either to correct the violation

19  and pay the civil penalty in the manner indicated on the

20  citation or, within 10 days after of receipt of the citation,

21  exclusive of weekends and legal holidays, request an

22  administrative hearing before the enforcement or licensing

23  board or designated special magistrate master to appeal the

24  issuance of the citation by the code enforcement officer.

25         1.  Hearings shall be held before an enforcement or

26  licensing board or designated special magistrate master as

27  established by s. 162.03(2), and such hearings shall be

28  conducted pursuant to the requirements of ss. 162.07 and

29  162.08.

30         2.  Failure of a violator to appeal the decision of the

31  code enforcement officer within the time period set forth in

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 1  this paragraph shall constitute a waiver of the violator's

 2  right to an administrative hearing.  A waiver of the right to

 3  an administrative hearing shall be deemed an admission of the

 4  violation, and penalties may be imposed accordingly.

 5         3.  If the person issued the citation, or his or her

 6  designated representative, shows that the citation is invalid

 7  or that the violation has been corrected prior to appearing

 8  before the enforcement or licensing board or designated

 9  special magistrate master, the enforcement or licensing board

10  or designated special magistrate master may dismiss the

11  citation unless the violation is irreparable or irreversible.

12         4.  Each day a willful, knowing violation continues

13  shall constitute a separate offense under the provisions of

14  this subsection.

15         (f)  If the enforcement or licensing board or

16  designated special magistrate master finds that a violation

17  exists, the enforcement or licensing board or designated

18  special magistrate master may order the violator to pay a

19  civil penalty of not less than the amount set forth on the

20  citation but not more than $1,000 per day for each violation.

21  In determining the amount of the penalty, the enforcement or

22  licensing board or designated special magistrate master shall

23  consider the following factors:

24         1.  The gravity of the violation.

25         2.  Any actions taken by the violator to correct the

26  violation.

27         3.  Any previous violations committed by the violator.

28         (g)  Upon written notification by the code enforcement

29  officer that a violator had not contested the citation or paid

30  the civil penalty within the timeframe allowed on the

31  citation, or if a violation has not been corrected within the

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 1  timeframe set forth on the notice of violation, the

 2  enforcement or licensing board or the designated special

 3  magistrate master shall enter an order ordering the violator

 4  to pay the civil penalty set forth on the citation or notice

 5  of violation, and a hearing shall not be necessary for the

 6  issuance of such order.

 7         (h)  A certified copy of an order imposing a civil

 8  penalty against an uncertified contractor may be recorded in

 9  the public records and thereafter shall constitute a lien

10  against any real or personal property owned by the violator.

11  Upon petition to the circuit court, such order may be enforced

12  in the same manner as a court judgment by the sheriffs of this

13  state, including a levy against personal property; however,

14  such order shall not be deemed to be a court judgment except

15  for enforcement purposes.  A civil penalty imposed pursuant to

16  this part shall continue to accrue until the violator comes

17  into compliance or until judgment is rendered in a suit to

18  foreclose on a lien filed pursuant to this subsection,

19  whichever occurs first.  After 3 months following from the

20  filing of any such lien which remains unpaid, the enforcement

21  board or licensing board or designated special magistrate

22  master may authorize the local governing body's attorney to

23  foreclose on the lien. No lien created pursuant to the

24  provisions of this part may be foreclosed on real property

25  which is a homestead under s. 4, Art. X of the State

26  Constitution.

27         (j)  An aggrieved party, including the local governing

28  body, may appeal a final administrative order of an

29  enforcement board or licensing board or designated special

30  magistrate master to the circuit court.  Such an appeal shall

31  not be a hearing de novo but shall be limited to appellate

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 1  review of the record created before the enforcement board or

 2  licensing board or designated special magistrate master. An

 3  appeal shall be filed within 30 days after of the execution of

 4  the order to be appealed.

 5         Section 128.  Paragraphs (d), (f), (g), (h), and (j) of

 6  subsection (4) of section 489.531, Florida Statutes, are

 7  amended to read:

 8         489.531  Prohibitions; penalties.--

 9         (4)

10         (d)  The act for which the citation is issued shall be

11  ceased upon receipt of the citation; and the person charged

12  with the violation shall elect either to correct the violation

13  and pay the civil penalty in the manner indicated on the

14  citation or, within 10 days after of receipt of the citation,

15  exclusive of weekends and legal holidays, request an

16  administrative hearing before the enforcement or licensing

17  board or designated special magistrate master to appeal the

18  issuance of the citation by the code enforcement officer.

19         1.  Hearings shall be held before an enforcement or

20  licensing board or designated special magistrate master as

21  established by s. 162.03(2) and such hearings shall be

22  conducted pursuant to ss. 162.07 and 162.08.

23         2.  Failure of a violator to appeal the decision of the

24  code enforcement officer within the time period set forth in

25  this paragraph shall constitute a waiver of the violator's

26  right to an administrative hearing.  A waiver of the right to

27  administrative hearing shall be deemed an admission of the

28  violation and penalties may be imposed accordingly.

29         3.  If the person issued the citation, or his or her

30  designated representative, shows that the citation is invalid

31  or that the violation has been corrected prior to appearing

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 1  before the enforcement or licensing board or designated

 2  special magistrate master, the enforcement or licensing board

 3  or designated special magistrate master shall dismiss the

 4  citation unless the violation is irreparable or irreversible.

 5         4.  Each day a willful, knowing violation continues

 6  shall constitute a separate offense under the provisions of

 7  this subsection.

 8         (f)  If the enforcement or licensing board or

 9  designated special magistrate master finds that a violation

10  exists, the enforcement or licensing board or designated

11  special magistrate master may order the violator to pay a

12  civil penalty of not less than the amount set forth on the

13  citation but not more than $500 per day for each violation.

14  In determining the amount of the penalty, the enforcement or

15  licensing board or designated special magistrate master shall

16  consider the following factors:

17         1.  The gravity of the violation.

18         2.  Any actions taken by the violator to correct the

19  violation.

20         3.  Any previous violations committed by the violator.

21         (g)  Upon written notification by the code enforcement

22  officer that a violator had not contested the citation or paid

23  the civil penalty within the timeframe allowed on the

24  citation, or if a violation has not been corrected within the

25  timeframe set forth on the notice of violation, the

26  enforcement or licensing board or the designated special

27  magistrate master shall enter an order ordering the violator

28  to pay the civil penalty set forth on the citation or notice

29  of violation, and a hearing shall not be necessary for the

30  issuance of such order.

31  

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 1         (h)  A certified copy of an order imposing a civil

 2  penalty against an uncertified contractor may be recorded in

 3  the public records and thereafter shall constitute a lien

 4  against any real or personal property owned by the violator.

 5  Upon petition to the circuit court, such order may be enforced

 6  in the same manner as a court judgment by the sheriffs of this

 7  state, including a levy against personal property; however,

 8  such order shall not be deemed to be a court judgment except

 9  for enforcement purposes.  A civil penalty imposed pursuant to

10  this part shall continue to accrue until the violator comes

11  into compliance or until judgment is rendered in a suit to

12  foreclose on a lien filed pursuant to this section, whichever

13  occurs first.  After 3 months following from the filing of any

14  such lien which remains unpaid, the enforcement or licensing

15  board or designated special magistrate master may authorize

16  the local governing body's attorney to foreclose on the lien.

17  No lien created pursuant to the provisions of this part may be

18  foreclosed on real property which is a homestead under s. 4,

19  Art. X of the State Constitution.

20         (j)  An aggrieved party, including the local governing

21  body, may appeal a final administrative order of an

22  enforcement or licensing board or special designated special

23  magistrate master to the circuit court. Such an appeal shall

24  not be a hearing de novo but shall be limited to appellate

25  review of the record created before the enforcement or

26  licensing board or designated special master.  An appeal shall

27  be filed within 30 days of the execution of the order to be

28  appealed.

29         Section 129.  Subsection (1) of section 496.420,

30  Florida Statutes, is amended to read:

31         496.420  Civil remedies and enforcement.--

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 1         (1)  In addition to other remedies authorized by law,

 2  the department may bring a civil action in circuit court to

 3  enforce ss. 496.401-496.424 or s. 496.426. Upon a finding that

 4  any person has violated any of these sections, a court may

 5  make any necessary order or enter a judgment including, but

 6  not limited to, a temporary or permanent injunction, a

 7  declaratory judgment, the appointment of a general or special

 8  magistrate master or receiver, the sequestration of assets,

 9  the reimbursement of persons from whom contributions have been

10  unlawfully solicited, the distribution of contributions in

11  accordance with the charitable or sponsor purpose expressed in

12  the registration statement or in accordance with the

13  representations made to the person solicited, the

14  reimbursement of the department for investigative costs,

15  attorney's fees and costs, and any other equitable relief the

16  court finds appropriate. Upon a finding that any person has

17  violated any provision of ss. 496.401-496.424 or s. 496.426

18  with actual knowledge or knowledge fairly implied on the basis

19  of objective circumstances, a court may enter an order

20  imposing a civil penalty in an amount not to exceed $10,000

21  per violation.

22         Section 130.  Subsection (3) of section 501.207,

23  Florida Statutes, is amended to read:

24         501.207  Remedies of enforcing authority.--

25         (3)  Upon motion of the enforcing authority or any

26  interested party in any action brought under subsection (1),

27  the court may make appropriate orders, including, but not

28  limited to, appointment of a general or special magistrate

29  master or receiver or sequestration or freezing of assets, to

30  reimburse consumers or governmental entities found to have

31  been damaged; to carry out a transaction in accordance with

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 1  the reasonable expectations of consumers or governmental

 2  entities; to strike or limit the application of clauses of

 3  contracts to avoid an unconscionable result; to order any

 4  defendant to divest herself or himself of any interest in any

 5  enterprise, including real estate; to impose reasonable

 6  restrictions upon the future activities of any defendant to

 7  impede her or him from engaging in or establishing the same

 8  type of endeavor; to order the dissolution or reorganization

 9  of any enterprise; or to grant legal, equitable, or other

10  appropriate relief.  The court may assess the expenses of a

11  general or special magistrate master or receiver against a

12  person who has violated, is violating, or is otherwise likely

13  to violate this part.  Any injunctive order, whether temporary

14  or permanent, issued by the court shall be effective

15  throughout the state unless otherwise provided in the order.

16         Section 131.  Section 501.618, Florida Statutes, is

17  amended to read:

18         501.618  General civil remedies.--The department may

19  bring:

20         (1)  An action to obtain a declaratory judgment that an

21  act or practice violates the provisions of this part.

22         (2)  An action to enjoin a person who has violated, is

23  violating, or is otherwise likely to violate the provisions of

24  this part.

25         (3)  An action on behalf of one or more purchasers for

26  the actual damages caused by an act or practice performed in

27  violation of the provisions of this part. Such an action may

28  include, but is not limited to, an action to recover against a

29  bond, letter of credit, or certificate of deposit as otherwise

30  provided in this part.

31  

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 1  Upon motion of the enforcing authority in any action brought

 2  under this section, the court may make appropriate orders,

 3  including appointment of a general or special magistrate

 4  master or receiver or sequestration of assets, to reimburse

 5  consumers found to have been damaged, to carry out a consumer

 6  transaction in accordance with the consumer's reasonable

 7  expectations, or to grant other appropriate relief.  The court

 8  may assess the expenses of a general or special magistrate

 9  master or receiver against a commercial telephone seller.  Any

10  injunctive order, whether temporary or permanent, issued by

11  the court shall be effective throughout the state unless

12  otherwise provided in the order.

13         Section 132.  Subsection (6) of section 559.936,

14  Florida Statutes, is amended to read:

15         559.936  Civil penalties; remedies.--

16         (6)  Upon motion of the department in any action

17  brought under this part, the court may make appropriate

18  orders, including appointment of a general or special

19  magistrate master or receiver or sequestration of assets, to

20  reimburse consumers found to have been damaged, to carry out a

21  consumer transaction in accordance with the consumer's

22  reasonable expectations, or to grant other appropriate relief.

23         Section 133.  Subsection (1) of section 582.23, Florida

24  Statutes, is amended to read:

25         582.23  Performance of work under the regulations by

26  the supervisors.--

27         (1)  The supervisors may go upon any lands within the

28  district to determine whether land use regulations adopted are

29  being observed.  Where the supervisors of any district shall

30  find that any of the provisions of land use regulations

31  adopted are not being observed on particular lands, and that

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 1  such nonobservance tends to increase erosion on such lands and

 2  is interfering with the prevention or control of erosion on

 3  other lands within the district, the supervisors may present

 4  to the circuit court for the county or counties within which

 5  the lands of the defendant may lie, a petition, duly verified,

 6  setting forth the adoption of the land use regulations, the

 7  failure of the defendant landowner or occupier to observe such

 8  regulations, and to perform particular work, operations, or

 9  avoidances as required thereby, and that such nonobservance

10  tends to increase erosion on such lands and is interfering

11  with the prevention or control of erosion on other lands

12  within the district, and praying the court to require the

13  defendant to perform the work, operations, or avoidances

14  within a reasonable time and to order that if the defendant

15  shall fail so to perform the supervisors may go on the land,

16  perform the work or other operations or otherwise bring the

17  condition of such lands into conformity with the requirements

18  of such regulations, and recover the costs and expenses

19  thereof, with interest, from the owner of such land.  Upon the

20  presentation of such petition the court shall cause process to

21  be issued against the defendant, and shall hear the case.  If

22  it shall appear to the court that testimony is necessary for

23  the proper disposition of the matter, it may take evidence or

24  appoint a special magistrate master to take such evidence as

25  it may direct and report the same to the court within her or

26  his findings of fact and conclusions of law, which shall

27  constitute a part of the proceedings upon which the

28  determination of the court shall be made.

29         Section 134.  Subsection (2) of section 631.182,

30  Florida Statutes, is amended to read:

31  

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 1         631.182  Receiver claims report and claimants

 2  objections procedure.--

 3         (2)  At the hearing, any interested person is entitled

 4  to appear. The hearing shall not be de novo but shall be

 5  limited to the record as described in s. 631.181(2). The court

 6  shall enter an order allowing, allowing in part, or

 7  disallowing the claim.  Any such order is deemed to be an

 8  appealable order. In the interests of judicial economy, the

 9  court may appoint a special magistrate master to resolve

10  objections or to perform any particular service required by

11  the court. This subsection shall apply to receivership

12  proceedings commencing prior to, or subsequent to, July 1,

13  1997.

14         Section 135.  Subsections (3) and (4) of section

15  631.331, Florida Statutes, are amended to read:

16         631.331  Assessment prima facie correct; notice;

17  payment; proceeding to collect.--

18         (3)  If any such member or subscriber fails to pay the

19  assessment within the period specified in the notice, which

20  period shall not be less than 20 days after mailing, the

21  department may obtain an order in the delinquency proceeding

22  requiring the member or subscriber to show cause at a time and

23  place fixed by the court why judgment should not be entered

24  against such member or subscriber for the amount of the

25  assessment, together with all costs., and A copy of the order

26  and a copy of the petition therefor shall be served upon the

27  member or subscriber within the time and in the manner

28  designated in the order.

29         (4)  If the subscriber or member after due service of a

30  copy of the order and petition referred to in subsection (3)

31  is made upon her or him:

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 1         (a)  Fails to appear at the time and place specified in

 2  the order, judgment shall be entered against her or him as

 3  prayed for in the petition; or

 4         (b)  Appears in the manner and form required by law in

 5  response to the order, the court shall hear and determine the

 6  matter and enter a judgment in accordance with its decision.

 7  In the interests of judicial economy, the court may appoint a

 8  special magistrate master to resolve objections or to perform

 9  any particular service required by the court. This paragraph

10  shall apply to receivership proceedings commencing prior to,

11  or subsequent to, July 1, 1997.

12         Section 136.  Subsection (2) of section 633.052,

13  Florida Statutes, is amended to read:

14         633.052  Ordinances relating to firesafety;

15  definitions; penalties.--

16         (2)  A county or municipality that which has created a

17  code enforcement board or special magistrate master system

18  pursuant to chapter 162 may enforce firesafety code violations

19  as provided in chapter 162. The governing body of a county or

20  municipality which has not created a code enforcement board or

21  special magistrate master system for firesafety under chapter

22  162 is authorized to enact ordinances relating to firesafety

23  codes, which ordinances shall provide:

24         (a)  That a violation of such an ordinance is a civil

25  infraction.

26         (b)  A maximum civil penalty not to exceed $500.

27         (c)  A civil penalty of less than the maximum civil

28  penalty if the person who has committed the civil infraction

29  does not contest the citation.

30  

31  

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 1         (d)  For the issuance of a citation by an officer who

 2  has probable cause to believe that a person has committed a

 3  violation of an ordinance relating to firesafety.

 4         (e)  For the contesting of a citation in the county

 5  court.

 6         (f)  Such procedures and provisions necessary to

 7  implement any ordinances enacted under the authority of this

 8  section.

 9         Section 137.  Subsection (2) of section 744.369,

10  Florida Statutes, is amended to read:

11         744.369  Judicial review of guardianship reports.--

12         (2)  The court may appoint general or special

13  magistrate masters to assist the court in its review function.

14  The court may require the general or special magistrate master

15  to conduct random field audits.

16         Section 138.  Subsection (11) of section 760.11,

17  Florida Statutes, is amended to read:

18         760.11  Administrative and civil remedies;

19  construction.--

20         (11)  If a complaint is within the jurisdiction of the

21  commission, the commission shall simultaneously with its other

22  statutory obligations attempt to eliminate or correct the

23  alleged discrimination by informal methods of conference,

24  conciliation, and persuasion.  Nothing said or done in the

25  course of such informal endeavors may be made public or used

26  as evidence in a subsequent civil proceeding, trial, or

27  hearing.  The commission may initiate dispute resolution

28  procedures, including voluntary arbitration, by special

29  magistrates masters or mediators.  The commission may adopt

30  rules as to the qualifications of persons who may serve as

31  special magistrates masters and mediators.

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 1         Section 139.  Subsection (1) of section 837.011,

 2  Florida Statutes, is amended to read:

 3         837.011  Definitions.--In this chapter, unless a

 4  different meaning plainly is required:

 5         (1)  "Official proceeding" means a proceeding heard, or

 6  which may be or is required to be heard, before any

 7  legislative, judicial, administrative, or other governmental

 8  agency or official authorized to take evidence under oath,

 9  including any referee, general or special magistrate master in

10  chancery, administrative law judge, hearing officer, hearing

11  examiner, commissioner, notary, or other person taking

12  testimony or a deposition in connection with any such

13  proceeding.

14         Section 140.  Subsection (4) of section 838.014,

15  Florida Statutes, is amended to read:

16         838.014  Definitions.--For the purposes of this

17  chapter, unless a different meaning plainly is required:

18         (4)  "Public servant" means any public officer, agent,

19  or employee of government, whether elected or appointed,

20  including, but not limited to, any executive, legislative, or

21  judicial officer; any person who holds an office or position

22  in a political party or political party committee, whether

23  elected or appointed; and any person participating as a

24  general or special magistrate master, receiver, auditor,

25  juror, arbitrator, umpire, referee, consultant, administrative

26  law judge, hearing officer, or hearing examiner, or person

27  acting on behalf of any of these, in performing a governmental

28  function; but the term does not include witnesses.  Such term

29  shall include a candidate for election or appointment to any

30  such office, including any individual who seeks or intends to

31  occupy any such office.  It shall include any person appointed

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 1  to any of the foregoing offices or employments before and

 2  after he or she qualifies.

 3         Section 141.  Section 839.17, Florida Statutes, is

 4  amended to read:

 5         839.17  Misappropriation of moneys by commissioners to

 6  make sales.--Any commissioner or general or special magistrate

 7  master in chancery, having received the purchase money or the

 8  securities resulting from any of the sales authorized by law,

 9  who shall fail to deliver such moneys and securities, or

10  either of them, to the executor or administrator, or the

11  person entitled to receive the same, upon the order of the

12  court, unless she or he is rendered unable to do so by some

13  cause not attributable to her or his own default or neglect,

14  shall be fined in a sum equal to the amount received from the

15  purchaser, and commits shall be guilty of a felony of the

16  second degree, punishable as provided in s. 775.082, s.

17  775.083, or s. 775.084.

18         Section 142.  Paragraph (a) of subsection (3) of

19  section 916.107, Florida Statutes, is amended to read:

20         916.107  Rights of forensic clients.--

21         (3)  RIGHT TO EXPRESS AND INFORMED CONSENT.--

22         (a)  A client committed to the department pursuant to

23  this act shall be asked to give express and informed written

24  consent for treatment.  If a client in a forensic facility

25  refuses such treatment as is deemed necessary by the client's

26  multidisciplinary treatment team at the forensic facility for

27  the appropriate care of the client and the safety of the

28  client or others, such treatment may be provided under the

29  following circumstances:

30         1.  In an emergency situation in which there is

31  immediate danger to the safety of the client or others, such

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 1  treatment may be provided upon the written order of a

 2  physician for a period not to exceed 48 hours, excluding

 3  weekends and legal holidays.  If, after the 48-hour period,

 4  the client has not given express and informed consent to the

 5  treatment initially refused, the administrator or designee of

 6  the forensic facility shall, within 48 hours, excluding

 7  weekends and legal holidays, petition the committing court or

 8  the circuit court serving the county in which the facility is

 9  located, at the option of the facility administrator or

10  designee, for an order authorizing the continued treatment of

11  the client.  In the interim, treatment may be continued

12  without the consent of the client upon the continued written

13  order of a physician who has determined that the emergency

14  situation continues to present a danger to the safety of the

15  client or others.

16         2.  In a situation other than an emergency situation,

17  the administrator or designee of the forensic facility shall

18  petition the court for an order authorizing the treatment to

19  the client.  The order shall allow such treatment for a period

20  not to exceed 90 days from the date of the entry of the order.

21  Unless the court is notified in writing that the client has

22  provided express and informed consent in writing or that the

23  client has been discharged by the committing court, the

24  administrator or designee shall, prior to the expiration of

25  the initial 90-day order, petition the court for an order

26  authorizing the continuation of treatment for another 90-day

27  period.  This procedure shall be repeated until the client

28  provides consent or is discharged by the committing court.

29         3.  At the hearing on the issue of whether the court

30  should enter an order authorizing treatment for which a client

31  has refused to give express and informed consent, the court

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 1  shall determine by clear and convincing evidence that the

 2  client is mentally ill, retarded, or autistic as defined in

 3  this chapter, that the treatment not consented to is essential

 4  to the care of the client, and that the treatment not

 5  consented to is not experimental and does not present an

 6  unreasonable risk of serious, hazardous, or irreversible side

 7  effects.  In arriving at the substitute judgment decision, the

 8  court must consider at least the following factors:

 9         a.  The client's expressed preference regarding

10  treatment;

11         b.  The probability of adverse side effects;

12         c.  The prognosis without treatment; and

13         d.  The prognosis with treatment.

14  

15  The hearing shall be as convenient to the client as may be

16  consistent with orderly procedure and shall be conducted in

17  physical settings not likely to be injurious to the client's

18  condition. The court may appoint a general or special

19  magistrate master to preside at the hearing. The client or the

20  client's guardian, and the representative, shall be provided

21  with a copy of the petition and the date, time, and location

22  of the hearing. The client has the right to have an attorney

23  represent him or her at the hearing, and, if the client is

24  indigent, the court shall appoint the office of the public

25  defender to represent the client at the hearing.  The client

26  may testify or not, as he or she chooses, and has the right to

27  cross-examine witnesses and may present his or her own

28  witnesses.

29         Section 143.  Subsection (11) of section 938.30,

30  Florida Statutes, is amended to read:

31  

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 1         938.30  Court-imposed financial obligations in criminal

 2  cases; supplementary proceedings.--

 3         (11)  The court may refer any proceeding under this

 4  section to a special magistrate master who shall report

 5  findings and make recommendations to the court. The court

 6  shall act on such recommendations within a reasonable amount

 7  of time.

 8         Section 144.  Subsection (3) of section 945.43, Florida

 9  Statutes, is amended to read:

10         945.43  Admission of inmate to mental health treatment

11  facility.--

12         (3)  PROCEDURE FOR HEARING ON TRANSFER OF AN INMATE FOR

13  MENTAL HEALTH TREATMENT.--If the inmate does not waive a

14  hearing or if the inmate or the inmate's representative files

15  a petition for a hearing after having waived it, the court

16  shall serve notice on the warden of the facility where the

17  inmate is confined, the director, and the allegedly mentally

18  ill inmate. The notice shall specify the date, time, and place

19  of the hearing; the basis for the allegation of mental

20  illness; and the names of the examining experts. The hearing

21  shall be held within 5 days, and the court may appoint a

22  general or special magistrate master to preside.  The hearing

23  may be as informal as is consistent with orderly procedure.

24  One of the experts whose opinion supported the recommendation

25  shall be present at the hearing for information purposes.  If,

26  at the hearing, the court finds that the inmate is mentally

27  ill and in need of care and treatment, it shall order that he

28  or she be transferred to a mental health treatment facility

29  and provided appropriate treatment.  The court shall provide a

30  copy of its order authorizing transfer and all supporting

31  documentation relating to the inmate's condition to the warden

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 1  of the treatment facility.  If the court finds that the inmate

 2  is not mentally ill, it shall dismiss the petition for

 3  transfer.

 4         Section 145.  Effective July 1, 2004, sections 142.04,

 5  142.05, 142.06, 142.07, 142.08, 142.09, 142.10, 142.11,

 6  142.12, 142.13, and 939.18, Florida Statutes, are repealed.

 7         Section 146.  Except as otherwise expressly provided in

 8  this act, this act shall take effect May 1, 2004.

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                             SB 1492

12                                 

13  The committee substitute corrects the change in the
    distribution percentages for the Half-cent Sales Tax, County
14  Revenue Sharing, and Municipal Revenue Sharing.

15  The committee substitute re-designates in a number of
    statutes, the terms "magistrates" as "trial court judges" and
16  "masters" and "general or special masters" as "general or
    special magistrates". The committee substitute also amends
17  certain administrative and judicial proceedings.

18  The committee substitute authorizes a clerk of the court to
    dispose of items of physical evidence in cases where no
19  collateral attack is pending.

20  The committee substitute provides a revenue incentive for
    courts to collect certain costs to assist in funding the
21  offices of the State Attorneys, Public Defenders, and State
    Court System, by authorizing distributions of certain fees
22  collected to such offices.

23  

24  

25  

26  

27  

28  

29  

30  

31  

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