Senate Bill sb1492e1

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  1                      A bill to be entitled

  2         An act relating to the judicial system;

  3         amending s. 25.384, F.S.; expanding the use of

  4         the Court Education Trust Fund; amending s.

  5         27.3455, F.S.; modifying county revenue and

  6         expenditure reporting requirements; eliminating

  7         the allocation priorities of funds collected

  8         pursuant to s. 938.05(1), F.S.; amending s.

  9         27.562, F.S.; providing for disposition of

10         funds; amending s. 28.101, F.S.; increasing the

11         service charge for filing for dissolution of

12         marriage; transferring, renumbering, and

13         amending s. 43.195, F.S.; authorizing a clerk

14         to dispose of items of physical evidence in

15         cases where no collateral attack is pending;

16         amending s. 28.24, F.S.; prohibiting the clerk

17         of the court from charging court officials for

18         copies of public records; modifying the service

19         charges for services rendered by the clerk of

20         the court in recording documents and

21         instruments and in performing certain other

22         duties; eliminating the charge for issuing jury

23         summons; amending s. 28.241, F.S.; increasing

24         the service charge for filing a civil action in

25         circuit court; requiring that a portion of the

26         charge be remitted to the General Revenue Fund

27         and to the Court Education Trust Fund;

28         requiring that a portion of the charge be

29         remitted to the Clerk of the Court Operations

30         Conference Operating Fund and the Clerk of the

31         Court Operations Conference Contingency Fund;


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 1         providing a filing fee for reopening a civil

 2         action or proceeding; providing for a reduction

 3         in the fee for a petition to modify a final

 4         judgment of dissolution; increasing other

 5         service charges; deleting provisions

 6         authorizing a county to assess amounts in

 7         excess of specified service charges;

 8         prohibiting additional service charges or fees;

 9         increasing the service charge for instituting

10         an appellate proceeding; amending s. 28.2401,

11         F.S.; increasing various service charges for

12         probate matters; prohibiting county governing

13         authorities from imposing additional charges;

14         creating s. 28.2402, F.S.; imposing a fee on a

15         county or municipality for filing municipal

16         code or ordinance violation in court; creating

17         s. 28.246, F.S.; requiring the clerk of the

18         circuit court to report to the Legislature the

19         total amount of service charges and fees

20         assessed, waived, and collected; authorizing

21         partial payment of court-related fees to the

22         clerk; providing a distribution order for

23         collected charges and fees; authorizing clerks

24         of the court to refer unpaid collections to a

25         private attorney; creating s. 28.35, F.S.;

26         establishing the Clerk of the Court Operations

27         Conference; providing membership; requiring the

28         conference to recommend changes in the service

29         charges and fees to the Legislature; requiring

30         the conference to review revenues and approve

31         budgets and determine payments to clerks of the


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 1         court; providing for a clerk education program;

 2         requiring a recommendation for a statewide case

 3         information system; requiring the Florida

 4         Association of Court Clerks to establish a

 5         depository for funds to pay for the operation

 6         of the Clerk of Court Operations Conference and

 7         for payments if a clerk's expenditures exceed

 8         revenues; creating s. 28.36, F.S.; requiring

 9         the clerks of the circuit court to provide a

10         balanced budget to the Clerk of Court

11         Operations Conference; requiring a special

12         budget for a specified period; authorizing

13         clerks to maintain a reserve; limiting the

14         annual increase in the budget for the clerks of

15         the circuit court; creating s. 28.37, F.S.;

16         providing for revenues collected by the clerk

17         in excess of a certain amount to be remitted to

18         the state to pay the costs of the state court

19         system; requiring the Department of Revenue to

20         adopt rules; creating subsection (3) of section

21         29.008, F.S.; providing that counties may

22         continue to fund legal aid programs as a local

23         requirement with funds approved by the board of

24         county commissioners; amending s. 34.032, F.S.;

25         requiring that certain functions of the deputy

26         clerk of the court be funded by the county;

27         amending s. 34.041, F.S.; increasing the

28         initial filing fees for instituting various

29         civil actions; providing for distribution of

30         the proceeds of the filing fees; prohibiting

31         counties from assessing additional service


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 1         charges or fees; deleting provisions

 2         authorizing the judge to waive the service

 3         charge for a civil action; requiring counties

 4         and municipalities to pay a service charge for

 5         instituting an appellate proceeding; deleting a

 6         service charge assessed against plaintiffs;

 7         amending s. 34.191, F.S.; requiring that

 8         certain fines and forfeitures be remitted to

 9         the clerk of the court rather than the county;

10         authorizing the clerk rather than the board of

11         county commissioners to assign the collection

12         of charges and fines to a private attorney or

13         collection agency; amending s. 44.108, F.S.;

14         deleting provisions authorizing a county to

15         levy service charges for court mediation and

16         arbitration; assessing a filing fee on court

17         proceedings; depositing fees in the Mediation

18         and Arbitration Trust Fund; amending s. 55.505,

19         F.S.; increasing the service charge for

20         recording a foreign judgment; amending s.

21         55.10, F.S.; increasing the fee for serving a

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

23         imposing a service charge on certain money

24         judgments and settlement agreements in excess

25         of a specified amount, except for dissolution

26         of marriage and breaches of contract; requiring

27         proceeds of the charge to be used to pay court

28         costs; providing for the service charge to be

29         paid by any party or allocated to more than one

30         party; requiring the Department of Revenue to

31         adopt rules to provide for remitting such


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 1         charge to the department for deposit into the

 2         General Revenue Fund; prohibiting an attorney

 3         from disbursing certain proceeds until service

 4         charge is paid; providing a penalty for failure

 5         to pay the service charge; requiring the

 6         Department of Revenue to report to the

 7         Legislature each year on the amount received in

 8         the prior calendar year; amending s. 61.14,

 9         F.S.; increasing certain fees assessed for

10         delinquency of child support and alimony;

11         amending s. 61.181, F.S.; continuing the fee

12         imposed on certain payments of alimony and

13         child support; amending s. 142.01, F.S.;

14         providing for the clerk of the court to

15         establish a fine and forfeiture fund in each

16         county to be used to pay the costs of

17         court-related functions; deleting provisions

18         authorizing counties to receive funds to pay

19         the cost of criminal prosecutions and transfer

20         excess funds to the county general fund;

21         amending s. 142.02, F.S.; limiting the use of

22         county funds from a levy of a special tax to

23         pay for the cost of criminal prosecutions;

24         amending s. 142.03, F.S.; requiring that fines

25         and forfeitures be used to pay the costs of

26         court-related functions; amending s. 142.15,

27         F.S.; requiring that fees collected by the

28         sheriff be remitted to the clerk in the county

29         where the crime was alleged to have been

30         committed; amending s. 142.16, F.S.; requiring

31         that fines and forfeitures be remitted to the


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 1         clerk in the county in which the case was

 2         adjudicated; amending s. 145.022; prohibiting a

 3         county from appropriating a salary to the clerk

 4         of the court based on the fees collected;

 5         amending s. 212.20, F.S.; revising the

 6         distribution of the proceeds from certain

 7         local-option taxes; amending s. 218.21, F.S.;

 8         revising the guaranteed entitlement of

 9         municipalities to certain state revenue

10         sharing; amending s. 218.35, F.S.; deleting

11         provisions requiring the clerk of the court to

12         file a budget with the state court

13         administrator and the board of county

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

15         increasing various fees for persons failing to

16         comply with civil penalties, attend driver

17         improvement school, or appear at a hearing;

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

19         fees for penalties for noncriminal

20         dispositions; creating additional charges and

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

22         increasing the fee to dismiss citations and the

23         administrative fee for cases in which

24         adjudication is withheld; amending s. 318.21,

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

26         which are paid to the clerk of the court;

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

28         delinquency fee for persons charged with

29         specified criminal offenses who fail to comply

30         with the directives of the court; amending s.

31         327.73, F.S.; increasing the charge for court


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 1         costs for failure to comply with the court's

 2         requirements or failure to pay specified civil

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

 4         increasing the fee for dissolution of marriage;

 5         increasing the portion to be retained by the

 6         circuit court and the portion remitted to the

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

 8         fee for certain services performed by the clerk

 9         of the court in transferring liens; adding

10         subsection (3) to s. 721.83, F.S.; providing

11         that filing fees and service charges shall be

12         paid separately for each defendant in a

13         consolidated foreclosure action; amending s.

14         744.3135, F.S.; increasing the fee paid to the

15         clerk of the court for processing guardian

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

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

18         inventory filed by a guardian; deleting

19         provisions requiring that the county pay the

20         auditing fee when such fee is waived by the

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

22         the fees paid by the guardian to the clerk of

23         the court for filing an annual financial

24         return; prohibiting the clerk of the circuit

25         court from billing the county for a waived fee;

26         amending s. 775.083, F.S.; deleting provisions

27         authorizing counties to impose and collect

28         additional fines to be used to pay for local

29         crime prevention programs; providing for the

30         disposition of fines and costs; creating s.

31         921.26, F.S.; requiring that certain court


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 1         costs be collected before any other court cost;

 2         creating s. 938.02, F.S.; imposing a court cost

 3         against persons who plead guilty or nolo

 4         contendere, or who are convicted of any felony,

 5         misdemeanor, or criminal traffic offense;

 6         prohibiting the court from waiving the court

 7         cost; authorizing the collection of unpaid

 8         court costs from any moneys or accounts of

 9         incarcerated persons; requiring all other court

10         costs to be remitted to the Department of

11         Revenue for deposit in the General Revenue

12         Fund; amending s. 938.05, F.S.; directing court

13         costs to be deposited in the clerk of the

14         courts fine and forfeiture fund instead of the

15         county trust fund; amending s. 938.07, F.S.;

16         amending s. 938.35, F.S.; authorizing the clerk

17         of the court, rather than the county, to

18         collect fines, court costs, and other charges

19         through a private attorney or collection agent;

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

21         316.635, 373.603, 381.0012, 450.121, 560.306,

22         633.14, 648.44, 817.482, 828.122, 832.05,

23         876.42, 893.12, 901.01, 901.02, 901.07, 901.08,

24         901.09, 901.11, 901.12, 901.25, 902.15, 902.17,

25         902.20, 902.21, 903.03, 903.32, 903.34, 914.22,

26         923.01, 933.01, 933.06, 933.07, 933.10,

27         933.101, 933.13, 933.14, 939.02, 939.14,

28         941.13, 941.14, 941.15, 941.17, 941.18,

29         947.141, 948.06, 985.05, F.S., relating to

30         various court procedures; redesignating

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


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

 2         69.051, 70.51, 92.142, 112.41, 112.43, 112.47,

 3         162.03, 162.06, 162.09, 173.09, 173.10, 173.11,

 4         173.12, 194.013, 194.034, 194.035, 206.16,

 5         207.016, 320.411, 393.11, 394.467, 397.311,

 6         397.681, 447.207, 447.403, 447.405, 447.407,

 7         447.409, 475.011, 489.127, 489.531, 496.420,

 8         501.207, 501.618, 559.936, 582.23, 631.182,

 9         631.331, 633.052, 744.369, 760.11, 837.011,

10         838.014, 839.17, 916.107, 938.30, 945.43, F.S.,

11         relating to various administrative and judicial

12         proceedings; redesignating "masters" and

13         "general or special masters" as "general or

14         special magistrates"; amending s. 218.25, F.S.;

15         allowing a county to assign, pledge, or set

16         aside certain funds as a trust for payment on

17         indebtedness; repealing ss. 142.04, 142.05,

18         142.06, 142.07, 142.08, 142.09, 142.10, 142.11,

19         142.12, 142.13, and 939.18, F.S., relating to

20         compensation to witnesses and others from the

21         fine and forfeiture fund and the imposition of

22         additional court costs used by the county in

23         paying for court facilities; providing

24         effective dates.

25  

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

27  

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

29  section 25.384, Florida Statutes, is amended to read:

30         25.384  Court Education Trust Fund.--

31  


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 1         (2)(a)  The trust fund moneys shall be used to provide

 2  judicial education and training for judges and other court

 3  personnel as defined and determined by the Florida Court

 4  Educational Council, the State Courts Administrator and his or

 5  her staff, trial court administrators, and appellate court law

 6  clerks.  In addition, funds may be used for any program or

 7  activity designed to improve or enhance the efficiency,

 8  competence, or professionalism of the judicial branch the

 9  development and implementation of an educational program for

10  the clerks of court as set forth in s. 145.051(2).

11         (b)  The Supreme Court, through its Florida Court

12  Educational Council, shall adopt a comprehensive plan for the

13  operation of the trust fund and the expenditure of the moneys

14  deposited in the trust fund.  The plan shall provide for

15  travel, per diem, tuition, educational materials, and other

16  related costs incurred for educational programs, in and out of

17  state, and all costs of those programs and activities

18  identified in paragraph (a), which will be of benefit to the

19  judicial branch judiciary of the state.

20         Section 2.  Effective July 1, 2004, section 27.3455,

21  Florida Statutes, is amended to read:

22         27.3455  Annual statement of certain revenues and

23  expenditures.--

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

25  Financial Officer Comptroller a statement of revenues and

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

27  manner prescribed by the Chief Financial Officer Comptroller

28  in consultation with the Legislative Committee on

29  Intergovernmental Relations, provided that such statement

30  identify total county expenditures on:

31         (a)  Medical examiner services.


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 1         (b)  County victim witness programs.

 2         (c)   each Each of the services outlined in s. 29.008.

 3  ss. 27.34(2) and 27.54(3).

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

 5  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.

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

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

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

11  trial court against the county.

12  

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

14  938.05(1) that were used to meet or reimburse the county for

15  such expenditures.

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

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

18  Financial Officer Comptroller a statement of compliance from

19  its independent certified public accountant, engaged pursuant

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

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

22  section. All discrepancies noted by the independent certified

23  public accountant shall be included in the statement furnished

24  by the county to the Chief Financial Officer Comptroller.

25         (b)  Should the Comptroller determine that additional

26  auditing procedures are appropriate because:

27         1.  The county failed to submit timely its annual

28  statement;

29         2.  Discrepancies were noted by the independent

30  certified public accountant; or

31  


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

 2  year the certified public accountant statement of compliance,

 3  the Comptroller is hereby authorized to send his or her

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

 5  compliance.  The costs incurred by the Comptroller shall be

 6  paid promptly by the county upon certification by the

 7  Comptroller.

 8         (c)  Where the Comptroller elects to utilize the

 9  services of an independent contractor, such certification by

10  the Comptroller may require the county to make direct payment

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

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

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

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

15         (a)  Reimbursement to the county for actual county

16  expenditures incurred in providing the state attorney and

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

18  27.54(3), with the exception of office space, utilities, and

19  custodial services.

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

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

22  county after reimbursements have been made pursuant to

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

24  county expenditures made in support of the operations and

25  services of medical examiners, including the costs associated

26  with the investigation of state prison inmate deaths. Special

27  county trust fund revenues used to reimburse the county for

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

29  per county resident.

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

31  counties establishing or having in existence a comprehensive


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    CS for CS for SB 1492                          First Engrossed



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

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

 3  percent matching moneys from the balance remaining in the

 4  special trust fund after reimbursements have been made

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

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

 7  25 cents per county resident.

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

 9  funds remaining in the special trust fund after reimbursements

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

11  be used to reimburse the county for county costs incurred in

12  the provision of office space, utilities, and custodial

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

14  expenditures on appellate filing fees in criminal cases in

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

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

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

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

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

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

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

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

23  responsibility for calculating county costs associated with

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

25  services is hereby vested in the Comptroller in consultation

26  with the Legislative Committee on Intergovernmental Relations.

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

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

29  all reimbursements have been made as provided for in

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

31  in the General Revenue Fund of the state.


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 1         (3)(5)  The Chief Financial Officer Comptroller shall

 2  adopt any rules necessary to implement his or her

 3  responsibilities pursuant to this section.

 4         Section 3.  Effective July 1, 2004, section 27.562,

 5  Florida Statutes, is amended to read:

 6         27.562  Disposition of funds.--All funds collected

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

 8  under s. 27.52, shall be remitted to the Department of Revenue

 9  for deposit into the Indigent Criminal Defense Trust Fund.

10  board of county commissioners of the county in which the

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

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

13  expenses incurred by the county in defense of criminal

14  prosecutions.  All judgments entered pursuant to this part

15  shall be in the name of the state. county in which the

16  judgment was rendered.

17         Section 4.  Subsection (2) of section 28.101, Florida

18  Statutes, is amended to read:

19         28.101  Petitions and records of dissolution of

20  marriage; additional charges.--

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

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

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

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

25  and reporting of such final judgment of dissolution of

26  marriage to the Department of Health.

27         Section 5.  Section 43.195, Florida Statutes, is

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

29  read:

30         28.213 43.195  Disposal of physical evidence filed as

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


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

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

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

 4  evidence having no monetary value which are designated by the

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

 6  Items of evidence having a monetary value which are designated

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

 8  in the clerk's general revenue fund.

 9         Section 6.  Section 28.24, Florida Statutes, is amended

10  to read:

11         28.24  Service charges by clerk of the circuit

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

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

14  in recording documents and instruments and in performing the

15  duties enumerated. Notwithstanding any other provision of this

16  section, the clerk of the circuit court shall provide without

17  charge to any justice or judge, to any court staff acting on

18  behalf of any justice or judge, or to any state attorney or

19  public defender access to and copies of any public records,

20  notwithstanding the exempt or confidential nature of such

21  public records, as maintained by and in the custody of the

22  clerk of the circuit court as provided in general law and the

23  Florida Rules of Judicial Administration. However, in those

24  counties where the clerk's office operates as a fiscal unit of

25  the county pursuant to s. 145.022(1), the clerk shall not

26  charge the county for such services.

27  

28                                                         Charges

29  

30         (1)  For court attendance by each clerk or deputy

31  clerk, per day .........................................$75.00


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    CS for CS for SB 1492                          First Engrossed



 1         (2)  For court minutes, per page...................5.00

 2         (1)(3)  For examining, comparing, correcting,

 3  verifying, and certifying transcripts of record in appellate

 4  proceedings, prepared by attorney for appellant or someone

 5  else other than

 6  clerk per page.......................................4.50 3.00

 7         (2)(4)  For preparing, numbering, and indexing an

 8  original record of appellate proceedings, per instrument..3.00

 9  2.00

10         (3)(5)  For certifying copies of any instrument in the

11  public records.......................................1.50 1.00

12         (4)(6)  For verifying any instrument presented for

13  certification prepared by someone other than clerk,

14  per page............................................ 3.00 2.00

15         (5)(7)  For making and reporting payrolls of jurors to

16  State Comptroller, per page, per copy.....................5.00

17         (6)(8)(a)  For making copies by photographic process of

18  any instrument in the public records consisting of pages of

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

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

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

22  1/2  inches, per page.....................................5.00

23         (7)(9)  For making microfilm copies of any public

24  records:

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

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

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

28         (8)(10)  For copying any instrument in the public

29  records by other than photographic process, per page......6.00

30  4.00

31  


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    CS for CS for SB 1492                          First Engrossed



 1         (9)(11)  For writing any paper other than herein

 2  specifically mentioned, same as for copying, including signing

 3  and sealing..........................................6.00 4.00

 4         (10)(12)  For indexing each entry not recorded.....1.00

 5         (11)(13)  For receiving money into the registry of

 6  court:

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

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

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

10  $100.00

11         (12)(14)  For examining, certifying, and recording

12  plats and for recording condominium exhibits larger than 14

13  inches by 8 1/2  inches:

14         (a)  First page...................................30.00

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

16         (13)(15)  For recording, indexing, and filing any

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

18  required notice to property appraiser where applicable:

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

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

21         (c)  For indexing instruments recorded in the official

22  records which contain more than four names, per additional

23  name......................................................1.00

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

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

26  Records Modernization Trust Fund for each instrument listed in

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

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

29         1.  First page.....................................1.00

30         2.  Each additional page...........................0.50

31  


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    CS for CS for SB 1492                          First Engrossed



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

 2  exclusively for equipment and maintenance of equipment,

 3  personnel training, and technical assistance in modernizing

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

 5  the duty of maintaining official records exists in an office

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

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

 8  moneys deposited into the trust fund for equipment,

 9  maintenance of equipment, training, and technical assistance

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

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

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

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

14  construction costs, general operating expenses, or other costs

15  not directly related to obtaining and maintaining equipment

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

17  office supplies and equipment not related to the storage of

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

19  December 1 of each year immediately preceding each year during

20  which the trust fund is scheduled for legislative review under

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

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

23  Modernization Trust Fund with the President of the Senate and

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

25  itemize each expenditure made from the trust fund since the

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

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

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

29  personnel training, and technical assistance.  The report must

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

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


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    CS for CS for SB 1492                          First Engrossed



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

 2  fund.

 3         (14)(16)  Oath, administering, attesting, and sealing,

 4  not otherwise provided for herein....................3.00 2.00

 5         (15)(17)  For validating certificates, any authorized

 6  bonds, each..........................................3.00 2.00

 7         (16)(18)  For preparing affidavit of domicile......5.00

 8         (17)(19)  For exemplified certificates, including

 9  signing and sealing..................................6.00 4.00

10         (18)(20)  For authenticated certificates, including

11  signing and sealing..................................6.00 4.00

12         (19)(21)(a)  For issuing and filing a subpoena for a

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

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

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

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

17  preparing, signing, and sealing)..........................5.00

18         (20)(23)  For paying of witnesses and making and

19  reporting payroll to State Comptroller, per copy, per page

20  ..........................................................5.00

21         (21)(24)  For approving bond..................7.50 5.00

22         (22)(25)  For searching of records, for each year's

23  search...............................................1.50 1.00

24         (23)(26)  For processing an application for a tax deed

25  sale (includes application, sale, issuance, and preparation of

26  tax deed, and disbursement of proceeds of sale), other than

27  excess proceeds..........................................60.00

28         (24)(27)  For disbursement of excess proceeds of tax

29  deed sale, first $100 or fraction thereof................10.00

30         (25)(28)  Upon receipt of an application for a marriage

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


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    CS for CS for SB 1492                          First Engrossed



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

 2  a certified copy...................................30.00 20.00

 3         (26)(29)  For solemnizing matrimony.........30.00 20.00

 4         (27)(30)  For sealing any court file or expungement of

 5  any record.........................................37.50 25.00

 6         (28)(31)  For receiving and disbursing all restitution

 7  payments, per payment................................3.00 2.00

 8         (29)(32)  Postal charges incurred by the clerk of the

 9  circuit court in any mailing by certified or registered mail

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

11  made.

12         (30)(33)  For furnishing an electronic copy of

13  information contained in a computer database: a fee as

14  provided for in chapter 119.

15         Section 7.  Section 28.241, Florida Statutes, is

16  amended to read:

17         28.241  Filing charges for trial and appellate

18  proceedings.--

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

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

21  that court an initial filing fee a service charge of $300 $40

22  in all cases in which there are not more than five defendants

23  and an additional service charge of $2 for each defendant in

24  excess of five. Sixty-five dollars of the initial filing fee

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

26  deposit into the General Revenue Fund; $4 of the initial

27  filing fee must be remitted by the clerk to the Department of

28  Revenue for deposit into the Court Education Trust Fund; $5

29  must be remitted by the clerk of the court to the Florida

30  Association of Court Clerks for deposit in the Clerk of the

31  Court Operations Conference Operating Fund and $10 must be


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    CS for CS for SB 1492                          First Engrossed



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

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

 3  Operations Conference Contingency Fund. An additional service

 4  charge of $15 $10 shall be paid by the party seeking each

 5  severance that is granted. An additional service charge of $75

 6  $35 shall be paid to the clerk for all proceedings of

 7  garnishment, attachment, replevin, and distress. An additional

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

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

10  the Department of Revenue for deposit into the General Revenue

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

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

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

14  Revenue for deposit into the Court Education Trust Fund.

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

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

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

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

19  hereafter in force, to provide and maintain facilities,

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

21  county wherein the service charges are collected; to provide

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

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

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

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

26  or supplementation of a public guardian pursuant to ss.

27  744.701-744.708, inclusive. Postal charges incurred by the

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

29  registered mail on defendants or other parties shall be paid

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

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


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    CS for CS for SB 1492                          First Engrossed



 1  local or special law applied to the special purposes shall

 2  constitute the total service charges of the clerk of such

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

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

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

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

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

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

 9  provide for the establishment, maintenance, or supplementation

10  of a public guardian as indicated in this subsection.

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

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

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

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

15  judgement of dissolution, that portion of the fee paid

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

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

18  reopened when a case previously reported as disposed of is

19  resubmitted to a court.

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

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

22  charges collected, as opposed to budgeted allocations from

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

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

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

26  lieu of all other service charges heretofore charged, except

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

28  juvenile. However, in cases involving capital punishment the

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

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

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


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    CS for CS for SB 1492                          First Engrossed



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

 2  under this subsection may not exceed $200.

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

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

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

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

 7  or parties instituting such appellate proceedings a service

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

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

10  higher court.

11         (3)(4)  A service charge or a fee may not be imposed

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

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

14  appeal in a circuit court.

15         (4)(5)  The fees prescribed in this section do not

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

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

18  Statutes. Service charges authorized by this section may not

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

20  chapter 318.

21         Section 8.  Section 28.2401, Florida Statutes, is

22  amended to read:

23         28.2401  Service charges in probate matters.--

24         (1)  Except when otherwise provided, the initial

25  service charges for the following services shall be:

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

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

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

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

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

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


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    CS for CS for SB 1492                          First Engrossed



 1  include issuance of letters or order of summary and family

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

 3         (b)  Caveat................................100.00 15.00

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

 5  authenticated copies, exemplified copies, or transcript to

 6  record............................................100.00 30.00

 7         (d)  For disposition of personal property without

 8  administration....................................100.00 20.00

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

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

11         (g)  Formal administration, guardianship, ancillary,

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

13         (h)  Guardianship proceedings of person

14  only..............................................100.00 25.00

15         (i)  Veterans' guardianship pursuant to chapter

16  744...............................................100.00 25.00

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

18         (k)  Petition for determination of

19  incompetency......................................100.00 25.00

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

21  extraordinary circumstances, the service charges set forth in

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

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

24  more adequately compensate for the services performed.

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

26  section may be imposed by the governing authority of the

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

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

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

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

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


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    CS for CS for SB 1492                          First Engrossed



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

 2  additional service charge of $4 $2.50 on petitions seeking

 3  summary administration, family administration, formal

 4  administration, ancillary administration, guardianship,

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

 6  The clerk shall transfer the $4 $2.50 to the Department of

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

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

 9  initial service charges except as authorized by general law.

10         (4)  Recording shall be required for all petitions

11  opening and closing an estate; petitions regarding real

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

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

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

15  under the Florida Probate Law.

16         Section 9.  Section 28.2402, Florida Statutes, is

17  created to read:

18         28.2402  Additional costs for performance of clerk

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

20  a county or municipality when filing a county or municipal

21  code or ordinance violation in court. The $200 fee shall be

22  paid to the clerk of the circuit and county court for

23  performing his or her court-related functions.

24         Section 10.  Effective July 1, 2003, section 28.246,

25  Florida Statutes, is created to read:

26         28.246  Payment of court-related fees, charges, and

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

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

29  court shall report the following information to the

30  Legislature on a form developed by the Department of Financial

31  Services:


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    CS for CS for SB 1492                          First Engrossed



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

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

 3  total amount discharged or waived; and the total amount

 4  collected.

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

 6  charges, and costs authorized; the total amount actually

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

 8  amount collected.

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

10  monetary penalties; the total amount assessed; the total

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

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

13  monetary penalties; the total amount assessed; the total

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

15  

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

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

18  30, 2004, and annually thereafter, 60 days after the end of

19  the county fiscal year.

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

21  maintain a system of accounts receivable for court-related

22  fees, charges, and costs.

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

24  payment plan with defendants determined to be indigent and who

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

26  and costs in full.

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

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

29  costs in accordance with the terms of an established payment

30  plan.

31  


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    CS for CS for SB 1492                          First Engrossed



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

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

 3  according to the following order of priority:

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

 5  costs, and fines payable to the clerk.

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

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

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

 9  authorized recipients if the total collection amount is

10  insufficient to fully fund all such recipients as provided by

11  law.

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

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

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

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

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

17  various authorized recipients if the total collection amount

18  is insufficient to fully fund all such recipients as provided

19  by law.

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

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

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

23  various authorized recipients if the total collection amount

24  is insufficient to fully fund all such recipients as provided

25  by law.

26  

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

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

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

30  otherwise provided by general law.

31  


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    CS for CS for SB 1492                          First Engrossed



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

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

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

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

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

 6  standing pursuant to chapter 559. In pursuing the collection

 7  of such unpaid financial obligations through a private

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

 9  determine that the collection is cost-effective and follow

10  applicable procurement practices.

11         Section 11.  Section 28.35, Florida Statutes, is

12  created to read:

13         28.35  Clerk of Court Operations Conference.--

14         (1)  The Clerk of Court Operations Conference is

15  created and shall be composed of:

16         (a)  Four clerks appointed by the Florida Association

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

18  100,000 residents, one clerk from a county of more than

19  100,000 residents but fewer than 500,000 residents, one clerk

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

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

22  million residents.

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

24  her designee.

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

26         (a)  Periodically recommending to the Legislature

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

28  schedules established by law to ensure reasonable and adequate

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

30  of their court-related duties.

31  


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    CS for CS for SB 1492                          First Engrossed



 1         (b)  Establishing a process for the review and approval

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

 3  court pursuant to s. 28.36 and determining the appropriate

 4  payments to be made from the Clerk of Court Operations

 5  Conference Contingency Fund established by paragraph (3)(b) to

 6  any clerk of the circuit court whose approved expenditures for

 7  court-related duties exceed anticipated available revenues for

 8  that office.

 9         (c)  Developing and implementing a system of

10  performance accountability measurements that provides for the

11  objective accountability of each clerk of the circuit court

12  for fiscal management and efficient operations.

13         (d)  Developing and implementing an appropriate program

14  for clerk education which shall be funded from operating funds

15  of the conference.

16         (e)  Recommending to the Legislature appropriate plans

17  for the development, implementation, and operation of an

18  integrated, comprehensive statewide case-information system

19  that provides for uniform case information to be accessed by

20  all clerks and elements of the state courts system.

21         (3)  The Florida Association of Court Clerks shall

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

23  to pay for the duties and responsibilities of the conference

24  enumerated in this section. The depository must maintain funds

25  in two financial accounts as follows:

26         (a)  The Clerk of Court Operations Conference Operating

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

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

29  remitted to the Florida Association of Court Clerks

30  depository. These funds shall be available to the conference

31  for the performance of the duties and responsibilities as set


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    CS for CS for SB 1492                          First Engrossed



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

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

 3  The conference may hire staff and pay for other expenses from

 4  this fund necessary to perform only the duties and

 5  responsibilities of the conference as described in this

 6  section.

 7         (b)  The Clerk of Court Operations Conference

 8  Contingency Fund shall be funded by fees collected by the

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

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

11  Clerks depository. These funds must be used exclusively for

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

13  determined by the conference that the revenues available to a

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

15  and appropriate expenditures necessary to perform the

16  constitutionally and statutorily required court-related duties

17  of the office.

18         Section 12.  Section 28.36, Florida Statutes, is

19  created to read:

20         28.36  Budget review and approval procedure.--There is

21  established a budget procedure for the court-related functions

22  of the clerks of the circuit court.

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

24  2004, and for each county fiscal year ending September 30

25  thereafter, each clerk of the circuit court shall prepare a

26  budget relating solely to the performance of the court-related

27  functions to be funded from the court-related fees, service

28  charges and costs provided in law.

29         (2)  Each budget shall conform to the following

30  requirements:

31  


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    CS for CS for SB 1492                          First Engrossed



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

 2  2004, through September 30, 2004, and on or before August 1

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

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

 5  Clerk of Court Operations Conference in the manner and form

 6  prescribed by the conference. The budget must provide detailed

 7  information on the anticipated revenues available and

 8  expenditures necessary for the performance of the

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

10  fiscal year beginning the following October 1.

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

12  of the estimated revenues available, including cash balances

13  brought forward from the prior fiscal period, and supplemental

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

15  equal or exceed the total of the anticipated expenditures and

16  reserves authorized in paragraph (c). The anticipated

17  expenditures must be itemized as required by the Clerk of

18  Court Operations Conference.

19         (c)  Provision in the budget may be made for each clerk

20  for a reserve for contingencies not to exceed 10 percent of

21  the total budget.

22         (3)  In the event that a clerk of the circuit court

23  estimates that available revenues are insufficient to meet the

24  anticipated court-related expenditures of his or her office,

25  the clerk must certify to the Clerk of Court Operations

26  Conference, in the manner and form prescribed by the

27  conference, a request for supplemental funding from the Clerk

28  of Court Operations Conference Contingency Fund as necessary

29  to comply with the balanced-budget requirement of this

30  section.

31  


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    CS for CS for SB 1492                          First Engrossed



 1         (4)  The Clerk of the Court Operations Conference must

 2  approve the court-related budget for each clerk in the state,

 3  and shall certify to the Legislature by October 15 of each

 4  year, the budget amount approved for each clerk's office; the

 5  revenue projection supporting each clerk's budget; and the

 6  amount of the contingency fund, if any, used to supplement

 7  each clerk's budget.

 8         (5)  For the county fiscal year October 1, 2004 through

 9  September 30, 2005, the annual budget amount approved by the

10  Clerk of the Court Operations Conference for each clerk may

11  not exceed 103 percent of the clerk's actual expenditures for

12  the prior annual county fiscal year for court-related

13  functions that are authorized or required by law effective

14  July 1, 2004. The clerk's actual expenditures for the prior

15  county fiscal year court-related functions that are authorized

16  or required by law effective July 1, 2004, shall be as

17  reported by the Chief Financial Officer based on the county

18  financial reporting required under s. 218.32.

19         (6)  For the county fiscal year beginning October 1,

20  2005 through September 30, 2006, and for subsequent county

21  fiscal years, the annual budget amount approved by the Clerk

22  of the Court Operations Conference for each clerk may not

23  exceed the greater of:

24         (a)  One hundred three percent of the clerk's approved

25  budget amount for the prior county fiscal year for

26  court-related functions; or

27         (b)  The clerk's approved budget amount for the prior

28  county fiscal year increased by the clerk's projected percent

29  increase in all court-related revenues from fees, service

30  charges and costs for the coming fiscal year.

31  


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    CS for CS for SB 1492                          First Engrossed



 1         (7)  The Clerk of the Court Operations Conference may

 2  submit proposed legislation to the Governor, the President of

 3  the Senate, and Speaker of the House of Representatives no

 4  later than November 1 in any year for approval of clerks'

 5  budget amounts exceeding the restrictions in subsections (5)

 6  and (6) for the following October 1. The conference shall also

 7  submit supporting justification with sufficient detail to

 8  identify the specific proposed expenditures that require the

 9  limitations to be exceeded for each clerk.

10         Section 13.  Section 28.37, Florida Statutes, is

11  created to read:

12         28.37  Excess revenues remitted to the state.--

13         (1)  Pursuant to s. 14(b), Art. V of the State

14  Constitution, selected salaries, costs, and expenses of the

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

16  from a portion of the revenues derived from statutory fees,

17  service charges and costs collected by the clerks of the

18  circuit court.

19         (2)  Beginning January 1, 2005, for the period July 1,

20  2004, through September 30, 2004, and each January 1

21  thereafter for the preceding county fiscal year of October 1

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

23  remit to the Department of Revenue for deposit in the General

24  Revenue Fund the cumulative excess of all statutory fees,

25  service charges, and costs collected for the clerk's

26  court-related functions over the amount needed to meet the

27  approved budget amounts established under s. 28.36.

28         (3)  The Department of Revenue shall adopt rules

29  governing the assessment and remittance of the funds to be

30  transferred to the state in this section, the required forms

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


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    CS for CS for SB 1492                          First Engrossed



 1  department shall collect any funds if the department

 2  determines upon investigation that such funds were due but not

 3  remitted to the department on January 1.

 4         Section 14.  Effective July 1, 2004, subsection (3) is

 5  added to section 29.008, Florida Statutes, to read:

 6         29.008 County funding of court-related functions.--

 7         (3)  A county may continue to fund a legal aid program

 8  as a local requirement using funds approved by the board of

 9  county commissioners.

10         Section 15.  Effective July 1, 2004, subsection (2) of

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

12         34.032  Power of clerk to appoint deputies.--

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

14  sole purpose of issuing arrest warrants for violation of

15  chapter 316 or county or municipal ordinances triable in the

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

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

18  shall be funded by the county.

19         Section 16.  Section 34.041, Florida Statutes, is

20  amended to read:

21         34.041  Filing fees Service charges and costs.--

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

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

24  action or proceeding, shall pay the following initial filing

25  fees service charges:

26         (a)  For all claims less than

27  $100........................................... $50.00 $10.00.

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

29  $2,500.......................................... 150.00 25.00.

30         (c)  For all claims of more than

31  $2,500...........................................300.00 40.00.


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    CS for CS for SB 1492                          First Engrossed



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

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

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

 4  

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

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

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

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

 9  Revenue for deposit into the Court Education Trust Fund.

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

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

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

13  as provided herein, service charges for performing duties of

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

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

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

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

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

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

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

21  the county court in the county in which the charge is

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

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

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

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

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

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

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

29  sum of all service charges and fees permitted under this

30  subsection may not exceed $200.

31  


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    CS for CS for SB 1492                          First Engrossed



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

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

 3  during the action upon the sworn written statement of the

 4  plaintiff and upon other satisfactory evidence of the

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

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

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

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

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

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

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

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

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

14  according to the discretion of the judge who may include

15  therein the reasonable costs of bonds and undertakings and

16  other reasonable court costs incident to the suit incurred by

17  either party.

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

19  shall be taxed against a person in county court upon

20  conviction or estreature pursuant to chapter 939.  The

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

22  proceedings in county court.

23         (4)  Upon the institution of any appellate proceeding

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

25  charged and collected from the party or parties instituting

26  such appellate proceedings, including appeals filed by a

27  county or municipality, filing fees a service charge as

28  provided in chapter 28.

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

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

31  


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    CS for CS for SB 1492                          First Engrossed



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

 2  to an appeal to the circuit court.

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

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

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

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

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

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

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

10         Section 17.  Effective July 1, 2004, subsections (1)

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

12  read:

13         34.191  Fines, forfeitures, and costs.--

14         (1)  All fines and forfeitures arising from offenses

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

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

17  account. All fines and forfeitures received from violations of

18  ordinances or misdemeanors committed within a county, or of

19  municipal ordinances committed within a municipality within

20  the territorial jurisdiction of the county court, shall be

21  paid monthly to the county or municipality respectively except

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

23  forfeitures collected by the clerk shall be considered income

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

25  duties of the office.

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

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

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

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

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

31  court board of county commissioners determines that the


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    CS for CS for SB 1492                          First Engrossed



 1  assignment is cost-effective and follows established bid

 2  practices. The clerk of the court board of county

 3  commissioners may authorize a fee to be added to the

 4  outstanding balance to offset any collection costs that will

 5  be incurred.

 6         Section 18.  Effective July 1, 2004, section 44.108,

 7  Florida Statutes, is amended to read:

 8         44.108  Funding of mediation and

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

10  regardless of financial status. A filing fee of $1 is levied

11  on all proceedings in the circuit or county courts to fund

12  mediation and arbitration services which are the

13  responsibility of the Supreme Court pursuant to the provisions

14  of s. 44.106. The clerk of the court shall forward the monies

15  collected to the Department of Revenue for deposit in the

16  state courts' Mediation and Arbitration Trust Fund. Each board

17  of county commissioners may support mediation and arbitration

18  services by appropriating moneys from county revenues and by:

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

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

21  circuit court proceeding, which shall be deposited in the

22  court's mediation-arbitration account fund under the

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

24  county is located; and

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

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

27  county court proceeding, which shall be deposited in the

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

29  county civil mediation services under the supervision of the

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

31  


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    CS for CS for SB 1492                          First Engrossed



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

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

 3  petition for a modification of a final judgment of

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

 5  mediation account fund to be used to fund family mediation

 6  services under the supervision of the chief judge of the

 7  circuit in which the county is located.

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

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

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

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

12  state mediation and arbitration trust fund which is hereby

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

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

15         Section 19.  Subsection (3) of section 55.505, Florida

16  Statutes, is amended to read:

17         55.505  Notice of recording; prerequisite to

18  enforcement.--

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

20  foreign judgment recorded hereunder shall issue until 30 days

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

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

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

24  stay of the effect of this section.

25         Section 20.  Subsection (5) of section 55.10, Florida

26  Statutes, is amended to read:

27         55.10  Judgments, orders, and decrees; lien of all,

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

29  security.--

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

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


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    CS for CS for SB 1492                          First Engrossed



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20  property shall thereupon be released from the lien claimed,

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

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

23  the certificate. If the transaction involves the transfer of

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

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

26  transferred to one such security.

27         Section 21.  Effective July 1, 2004, section 55.312,

28  Florida Statutes, is created to read:

29         55.312  Service charge on certain money judgments and

30  settlement agreements.--

31  


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    CS for CS for SB 1492                          First Engrossed



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

 2  percent of the amount of each money judgment or settlement

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

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

 5  action for dissolution of marriage or breach of contract,

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

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

 8  shall not apply to settlements reached at or before mediation

 9  or arbitration.

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

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

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

13  which party shall pay the service charge, the responsibility

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

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

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

17  confidential settlement, the amount of the settlement may be

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

19  the service charge to be assessed.

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

21  be used to offset the general expense of court operation

22  associated with the underlying action. The service charge does

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

24  agency.

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

26  charge receipts collected under this section to the Department

27  of Revenue for deposit into the General Revenue Fund.

28         (4)  The Department of Revenue shall adopt rules

29  governing the assessment, collection, and periodic remittance

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

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


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    CS for CS for SB 1492                          First Engrossed



 1  department shall collect any service charge if the department

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

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

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

 5  the charge is collected by the clerk.

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

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

 8  mediation, or arbitration to which the service charge applies

 9  unless the attorney or the trial court provides for the

10  assessment, allocation, and remittance of the applicable

11  service charge.

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

13  assessed pursuant to this section within 90 days after the

14  date of the assessment commits a misdemeanor of the second

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

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

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

18  and the Speaker of the House of Representatives the dollar

19  amount of remittances received by the department in the prior

20  calendar year, by county.

21         Section 22.  Paragraphs (d), (e), and (f) of subsection

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

23         61.14  Enforcement and modification of support,

24  maintenance, or alimony agreements or orders.--

25         (6)

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

27  contest the impending judgment within 15 days after the date

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

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

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

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


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    CS for CS for SB 1492                          First Engrossed



 1  against the obligor. The depository shall charge interest at

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

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

 4  the impending judgment within the time limit prescribed in

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

 6  and all other amounts which thereafter become due, together

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

 8  judgment by operation of law against the obligor at the

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

10  impending judgment.

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

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

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

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

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

16  proof of satisfaction of the judgment is provided.

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

18  account is current, the depository shall record a satisfaction

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

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

21  entitled to rely upon the recording of the satisfaction.

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

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

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

25  depository shall record a partial release upon receipt of the

26  appropriate recording fee.

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

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

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

30  her employees.

31  


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    CS for CS for SB 1492                          First Engrossed



 1         Section 23.  Effective July 1, 2003, paragraph (b) of

 2  subsection (2) of section 61.181, Florida Statutes, is amended

 3  to read:

 4         61.181  Depository for alimony transactions, support,

 5  maintenance, and support payments; fees.--

 6         (2)

 7         (b)1.  For the period of July 1, 1992, through June 30,

 8  2003, The fee imposed in paragraph (a) shall be increased to 4

 9  percent of the support payments which the party is obligated

10  to pay, except that no fee shall be more than $5.25.  The fee

11  shall be considered by the court in determining the amount of

12  support that the obligor is, or may be, required to pay.

13  Notwithstanding the provisions of s. 145.022, 75 percent of

14  the additional revenues generated by this paragraph shall be

15  remitted monthly to the Clerk of the Court Child Support

16  Enforcement Collection System Trust Fund administered by the

17  department as provided in subparagraph 2.  These funds shall

18  be used exclusively for the development, implementation, and

19  operation of the Clerk of the Court Child Support Enforcement

20  Collection System to be operated by the depositories,

21  including the automation of civil case information necessary

22  for the State Case Registry.  The department shall contract

23  with the Florida Association of Court Clerks and the

24  depositories to design, establish, operate, upgrade, and

25  maintain the automation of the depositories to include, but

26  not be limited to, the provision of on-line electronic

27  transfer of information to the IV-D agency as otherwise

28  required by this chapter. The department's obligation to fund

29  the automation of the depositories is limited to the state

30  share of funds available in the Clerk of the Court Child

31  Support Enforcement Collection System Trust Fund.  Each


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    CS for CS for SB 1492                          First Engrossed



 1  depository created under this section shall fully participate

 2  in the Clerk of the Court Child Support Enforcement Collection

 3  System and transmit data in a readable format as required by

 4  the contract between the Florida Association of Court Clerks

 5  and the department.

 6         2.  Moneys to be remitted to the department by the

 7  depository shall be done daily by electronic funds transfer

 8  and calculated as follows:

 9         a.  For each support payment of less than $33, 18.75

10  cents.

11         b.  For each support payment between $33 and $140, an

12  amount equal to 18.75 percent of the fee charged.

13         c.  For each support payment in excess of $140, 18.75

14  cents.

15         3.  The fees established by this section shall be set

16  forth and included in every order of support entered by a

17  court of this state which requires payment to be made into the

18  depository.

19         Section 24.  Effective July 1, 2004, section 142.01,

20  Florida Statutes, is amended to read:

21         142.01  Fine and forfeiture fund contents.--There shall

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

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

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

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

26  consist of all fines and forfeitures collected by the clerk of

27  the court for violations of in the county under the penal or

28  traffic laws of the state, except those fines imposed under s.

29  775.0835(1); allocations of court costs and civil penalties

30  pursuant to ss. 318.18 and 318.21; and assessments imposed

31  under ss. 938.21, 938.23, and 938.25; and all costs refunded


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    CS for CS for SB 1492                          First Engrossed



 1  to the county.; all funds arising from the hire or other

 2  disposition of convicts; and the proceeds of any special tax

 3  that may be levied by the county commissioners for expenses of

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

 5  criminal expenses, fees, and costs, where the crime was

 6  committed in the county and the fees and costs are a legal

 7  claim against the county, in accordance with the provisions of

 8  this chapter. Any surplus funds remaining in the fine and

 9  forfeiture fund at the end of a fiscal year may be transferred

10  to the county general fund.

11         Section 25.  Effective July 1, 2004, section 142.02,

12  Florida Statutes, is amended to read:

13         142.02  Levy of a special tax.--The board of county

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

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

16  respective counties, to be assessed and collected as other

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

18  criminal prosecutions. Proceeds of the special tax funds shall

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

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

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

22  provisions of this chapter. Any surplus funds remaining from

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

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

25         Section 26.  Effective July 1, 2004, section 142.03,

26  Florida Statutes, is amended to read:

27         142.03  Disposition of fines, forfeitures, and civil

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

29  penalties collected in cases involving violations of municipal

30  ordinances, violations of chapter 316 committed within a

31  municipality, or infractions under the provisions of chapter


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    CS for CS for SB 1492                          First Engrossed



 1  318 committed within a municipality, in which cases such

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

 3  monthly to the appropriate municipality as provided in ss.

 4  34.191, 316.660, and 318.21, and except as to fines imposed

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

 6  938.21, 938.23, and 938.25, all fines imposed under the penal

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

 8  forfeited bail bonds or recognizances in all other cases,

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

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

11  prosecution commenced, and judgment must be entered therefor

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

13  court in performing court-related functions of the particular

14  county.

15         Section 27.  Effective July 1, 2004, section 142.15,

16  Florida Statutes, is amended to read:

17         142.15  Prisoner confined in different county.--Where

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

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

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

21  the board of county commissioners of the county in which the

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

23  county. If the sheriff should subsequently collect any such

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

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

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

27  The county commissioners shall see that there is always set

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

29  moneys collected from the special tax authorized to be

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

31  feeding such prisoners.


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    CS for CS for SB 1492                          First Engrossed



 1         Section 28.  Effective July 1, 2004, section 142.16,

 2  Florida Statutes, is amended to read:

 3         142.16  Change of venue.--In case of change of venue in

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

 5  clerk in the county in which the case was adjudicated

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

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

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

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

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

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

12  county.

13         Section 29.  Effective July 1, 2004, subsection (3) of

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

15         145.022  Guaranteed salary upon resolution of board of

16  county commissioners.--

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

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

19  performance of their court-related functions.

20         Section 30.  Effective July 1, 2004, paragraph (d) of

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

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

23  to read:

24         212.20  Funds collected, disposition; additional powers

25  of department; operational expense; refund of taxes

26  adjudicated unconstitutionally collected.--

27         (6)  Distribution of all proceeds under this chapter

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

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

30  pursuant to this chapter or remitted pursuant to s.

31  202.18(1)(b) and (2)(b) shall be distributed as follows:


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    CS for CS for SB 1492                          First Engrossed



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

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

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

 4  other taxes and fees imposed pursuant to this chapter or

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

 6  deposited in monthly installments into the General Revenue

 7  Fund.

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

 9  the Ecosystem Management and Restoration Trust Fund to be used

10  for water quality improvement and water restoration projects.

11         3.  After the distribution under subparagraphs 1. and

12  2., 8.814 9.653 percent of the amount remitted by a sales tax

13  dealer located within a participating county pursuant to s.

14  218.61 shall be transferred into the Local Government

15  Half-cent Sales Tax Clearing Trust Fund.

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

17  and 3., 0.095 0.065 percent shall be transferred to the Local

18  Government Half-cent Sales Tax Clearing Trust Fund and

19  distributed pursuant to s. 218.65.

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

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

22  2.0440 2.25 percent of the available proceeds pursuant to this

23  paragraph shall be transferred monthly to the Revenue Sharing

24  Trust Fund for Counties pursuant to s. 218.215.

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

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

27  1.3409 1.0715 percent of the available proceeds pursuant to

28  this paragraph shall be transferred monthly to the Revenue

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

30  If the total revenue to be distributed pursuant to this

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


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    CS for CS for SB 1492                          First Engrossed



 1  Revenue Sharing Trust Fund for Municipalities and the

 2  Municipal Financial Assistance Trust Fund in state fiscal year

 3  1999-2000, no municipality shall receive less than the amount

 4  due from the Revenue Sharing Trust Fund for Municipalities and

 5  the Municipal Financial Assistance Trust Fund in state fiscal

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

 7  less than the amount received in combination from the Revenue

 8  Sharing Trust Fund for Municipalities and the Municipal

 9  Financial Assistance Trust Fund in state fiscal year

10  1999-2000, each municipality shall receive an amount

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

12  1999-2000.

13         7.  Of the remaining proceeds:

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

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

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

17  part shall be distributed to each county.  The distribution

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

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

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

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

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

23  district school board, special district, or a municipal

24  government, such payment shall continue until such time that

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

26  covenants with holders of bonds or other instruments of

27  indebtedness issued by local governments, special districts,

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

29  not the intent of this subparagraph to adversely affect the

30  rights of those holders or relieve local governments, special

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


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    CS for CS for SB 1492                          First Engrossed



 1  obligations as a result of previous pledges or assignments or

 2  trusts entered into which obligated funds received from the

 3  distribution to county governments under then-existing s.

 4  550.135.  This distribution specifically is in lieu of funds

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

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

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

 8  certified as a "facility for a new professional sports

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

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

11  distributed monthly by the department to each applicant that

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

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

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

15  all certified facilities for a retained spring training

16  franchise. Distributions shall begin 60 days following such

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

18  Nothing contained in this paragraph shall be construed to

19  allow an applicant certified pursuant to s. 288.1162 to

20  receive more in distributions than actually expended by the

21  applicant for the public purposes provided for in s.

22  288.1162(6). However, a certified applicant is entitled to

23  receive distributions up to the maximum amount allowable and

24  undistributed under this section for additional renovations

25  and improvements to the facility for the franchise without

26  additional certification.

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

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

29  Revenue that an applicant has been certified as the

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

31  


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    CS for CS for SB 1492                          First Engrossed



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

 2  up to 300 months, to the applicant.

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

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

 5  Revenue that the applicant has been certified as the

 6  International Game Fish Association World Center facility

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

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

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

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

11  $999,996 shall be made, after certification and before July 1,

12  2000.

13         8.  All other proceeds shall remain with the General

14  Revenue Fund.

15         Section 31.  Effective July 1, 2004, paragraph (b) of

16  subsection (6) of section 218.21, Florida Statutes, is amended

17  to read:

18         218.21  Definitions.--As used in this part, the

19  following words and terms shall have the meanings ascribed

20  them in this section, except where the context clearly

21  indicates a different meaning:

22         (6)  "Guaranteed entitlement" means the amount of

23  revenue which must be shared with an eligible unit of local

24  government so that:

25         (a)  No eligible county shall receive less funds from

26  the Revenue Sharing Trust Fund for Counties in any fiscal year

27  than the amount received in the aggregate from the state in

28  fiscal year 1971-1972 under the provisions of the

29  then-existing s. 210.20(2)(c), tax on cigarettes; the

30  then-existing s. 323.16(4), road tax; and the then-existing s.

31  199.292(4), tax on intangible personal property.


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    CS for CS for SB 1492                          First Engrossed



 1         (b)  No eligible municipality shall receive less funds

 2  from the Revenue Sharing Trust Fund for Municipalities in any

 3  fiscal year than the aggregate amount it received from the

 4  state in fiscal year 1971-1972 under the provisions of the

 5  then-existing s. 210.20(2)(a), tax on cigarettes; the

 6  then-existing s. 323.16(3), road tax; and s. 206.605, tax on

 7  motor fuel. Any government exercising municipal powers under

 8  s. 6(f), Art. VIII of the State Constitution may not receive

 9  less than the aggregate amount it received from the Revenue

10  Sharing Trust Fund for Municipalities in the preceding fiscal

11  year, plus a percentage increase in such amount equal to the

12  percentage increase of the Revenue Sharing Trust Fund for

13  Municipalities for the preceding 2003-2004 fiscal year.

14         Section 32.  Effective July 1, 2004, subsection (2) of

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

16         218.35  County fee officers; financial matters.--

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

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

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

20  his or her budget in two parts:

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

22  funds necessary to perform court-related functions as provided

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

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

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

26  commissioners; and

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

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

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

30  other county-related duties.

31  


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    CS for CS for SB 1492                          First Engrossed



 1         Section 33.  Paragraph (b) of subsection (1) and

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

 3  amended to read:

 4         318.15  Failure to comply with civil penalty or to

 5  appear; penalty.--

 6         (1)

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

 8  improvement school and has paid the civil penalty as provided

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

10  driver improvement school within the time specified by the

11  court shall be deemed to have admitted the infraction and

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

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

14  318.14(9), and a $15 $10 processing fee, after which no

15  additional penalties, court costs, or surcharges shall be

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

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

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

19  322.27.

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

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

22  license and privilege may not be reinstated until the person

23  complies with all obligations and penalties imposed on him or

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

25  certificate of compliance issued by the court, together with

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

27  322.29, or pays the aforementioned $37.50 $25 service fee to

28  the clerk of the court or tax collector clearing such

29  suspension.  Such person shall also be in compliance with

30  requirements of chapter 322 prior to reinstatement.

31  


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    CS for CS for SB 1492                          First Engrossed



 1         Section 34.  Subsections (2), (6), (7), and (11) of

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

 3         318.18  Amount of civil penalties.--The penalties

 4  required for a noncriminal disposition pursuant to s. 318.14

 5  are as follows:

 6         (2)  Thirty dollars for all nonmoving traffic

 7  violations and:

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

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

10  322.065, and 322.15(1).  Any person who is cited for a

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

12  pursuant to s. 320.07(4).

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

14  320.0605 or s. 320.07 can show proof of having a valid

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

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

17  person who finds it impossible or impractical to obtain a

18  valid registration certificate must submit an affidavit

19  detailing the reasons for the impossibility or impracticality.

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

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

22  which the vehicle is registered does not issue a certificate

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

24  person.

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

26  322.03, s. 322.065, or s. 322.15 can show a driver's license

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

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

29  $5 dismissal fee.

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

31  316.646 can show proof of security as required by s. 627.733,


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    CS for CS for SB 1492                          First Engrossed



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

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

 3  $5 dismissal fee. A person who finds it impossible or

 4  impractical to obtain proof of security must submit an

 5  affidavit detailing the reasons for the impracticality. The

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

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

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

 9  627.733 to maintain personal injury protection insurance; or

10  that the vehicle is owned by another person.

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

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

13  person committing the violation corrects the defect and

14  obtains proof of such timely repair by an affidavit of

15  compliance executed by the law enforcement agency within 30

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

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

18  the affidavit of compliance, then upon presentation of said

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

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

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

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

23  otherwise specified.

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

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

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

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

28  person provides to the law enforcement agency that issued the

29  citation for such a violation proof that the person committing

30  the violation has a valid parking permit or license plate

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


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    CS for CS for SB 1492                          First Engrossed



 1  320.0845, or s. 320.0848 or a signed affidavit that the owner

 2  of the disabled parking permit or license plate was present at

 3  the time the violation occurred, and that such a parking

 4  permit or license plate was valid at the time the violation

 5  occurred. The law enforcement officer, upon determining that

 6  all required documentation has been submitted verifying that

 7  the required parking permit or license plate was valid at the

 8  time of the violation, must sign an affidavit of compliance.

 9  Upon provision of the affidavit of compliance and payment of a

10  $7.50 $5 dismissal fee to the clerk of the circuit court, the

11  clerk shall dismiss the citation.

12         (7)  One hundred dollars for a violation of s.

13  316.1001. However, a person may elect to pay $30 to the clerk

14  of the court, in which case adjudication is withheld, and no

15  points are assessed under s. 322.27. Upon receipt of the fine,

16  the clerk of the court must retain $5 for administrative

17  purposes and must forward the $25 to the governmental entity

18  that issued the citation. Any funds received by a governmental

19  entity for this violation may be used for any lawful purpose

20  related to the operation or maintenance of a toll facility.

21         (11)(a)  Court costs that are to be in addition to the

22  stated fine shall be imposed by the court in an amount not

23  less than the following:

24  

25  For pedestrian infractions................................$ 3.

26  For nonmoving traffic infractions...................$ 16  $ 6.

27  For moving traffic infractions................................

28                                                      $ 30 $ 10.

29  

30         (b)  In addition to the court cost assessed under

31  paragraph (a), the court shall impose a $3 court cost for each


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    CS for CS for SB 1492                          First Engrossed



 1  infraction to be distributed as provided in s. 938.01 and a $2

 2  court cost as provided in s. 938.15 when assessed by a

 3  municipality or county.

 4  

 5  Court costs imposed under this subsection may not exceed $30.

 6  A criminal justice selection center or other local criminal

 7  justice access and assessment center may be funded from these

 8  court costs.

 9         Section 35.  Paragraphs (f) and (g) of subsection (2)

10  of section 318.21, Florida Statutes, are amended to read:

11         318.21 Disposition of civil penalties by county

12  courts.--All civil penalties received by a county court

13  pursuant to the provisions of this chapter shall be

14  distributed and paid monthly as follows:

15         (2)  Of the remainder:

16         (f)  Five Five-tenths percent shall be paid to the

17  clerk of the court for administrative costs.

18         (g)1.  If the violation occurred within a municipality

19  or a special improvement district of the Seminole Indian Tribe

20  or Miccosukee Indian Tribe, 56.4 percent shall be paid to that

21  municipality or special improvement district.

22         2.  If the violation occurred within the unincorporated

23  area of a county that is not within a special improvement

24  district of the Seminole Indian Tribe or Miccosukee Indian

25  Tribe, 56.4 percent shall be deposited into the fine and

26  forfeiture fund established pursuant to s. 142.01 paid to that

27  county.

28         Section 36.  Subsection (1) of section 322.245, Florida

29  Statutes, is amended to read:

30         322.245  Suspension of license upon failure of person

31  charged with specified offense under chapter 316, chapter 320,


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    CS for CS for SB 1492                          First Engrossed



 1  or this chapter to comply with directives ordered by traffic

 2  court or upon failure to pay child support in non-IV-D cases

 3  as provided in chapter 61.--

 4         (1)  If a person who is charged with a violation of any

 5  of the criminal offenses enumerated in s. 318.17 or with the

 6  commission of any offense constituting a misdemeanor under

 7  chapter 320 or this chapter fails to comply with all of the

 8  directives of the court within the time allotted by the court,

 9  the clerk of the traffic court shall mail to the person, at

10  the address specified on the uniform traffic citation, a

11  notice of such failure, notifying him or her that, if he or

12  she does not comply with the directives of the court within 30

13  days after the date of the notice and pay a delinquency fee of

14  $15 $10 to the clerk, his or her driver's license will be

15  suspended. The notice shall be mailed no later than 5 days

16  after such failure. The delinquency fee may be retained by the

17  office of the clerk to defray the operating costs of the

18  office.

19         Section 37.  Paragraph (a) of subsection (9) of section

20  327.73, Florida Statutes, is amended to read:

21         327.73  Noncriminal infractions.--

22         (9)(a)  Any person who fails to comply with the court's

23  requirements or who fails to pay the civil penalties specified

24  in this section within the 30-day period provided for in s.

25  327.72 must pay an additional court cost of $18 $12, which

26  shall be used by the clerks of the courts to defray the costs

27  of tracking unpaid uniform boating citations.

28         Section 38.  Section 382.023, Florida Statutes, is

29  amended to read:

30         382.023  Department to receive dissolution-of-marriage

31  records; fees.--Clerks of the circuit courts shall collect for


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    CS for CS for SB 1492                          First Engrossed



 1  their services at the time of the filing of a final judgment

 2  of dissolution of marriage a fee of $10.50 $7, of which $4.50

 3  $3 shall be retained by the circuit court as a part of the

 4  cost in the cause in which the judgment is granted. The

 5  remaining $6 $4 shall be remitted to the Department of Revenue

 6  for deposit to the Department of Health to defray part of the

 7  cost of maintaining the dissolution-of-marriage records. A

 8  record of each and every judgment of dissolution of marriage

 9  granted by the court during the preceding calendar month,

10  giving names of parties and such other data as required by

11  forms prescribed by the department, shall be transmitted to

12  the department, on or before the 10th day of each month, along

13  with an accounting of the funds remitted to the Department of

14  Revenue pursuant to this section.

15         Section 39.  Subsection (1) of section 713.24, Florida

16  Statutes, is amended to read:

17         713.24  Transfer of liens to security.--

18         (1)  Any lien claimed under this part may be

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

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

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

22  security by either:

23         (a)  Depositing in the clerk's office a sum of money,

24  or

25         (b)  Filing in the clerk's office a bond executed as

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

27  state,

28  

29  either to be in an amount equal to the amount demanded in such

30  claim of lien, plus interest thereon at the legal rate for 3

31  years, plus $1,000 or 25 percent of the amount demanded in the


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    CS for CS for SB 1492                          First Engrossed



 1  claim of lien, whichever is greater, to apply on any

 2  attorney's fees and court costs that may be taxed in any

 3  proceeding to enforce said lien. Such deposit or bond shall be

 4  conditioned to pay any judgment or decree which may be

 5  rendered for the satisfaction of the lien for which such claim

 6  of lien was recorded.  Upon making such deposit or filing such

 7  bond, the clerk shall make and record a certificate showing

 8  the transfer of the lien from the real property to the

 9  security and shall mail a copy thereof by registered or

10  certified mail to the lienor named in the claim of lien so

11  transferred, at the address stated therein.  Upon filing the

12  certificate of transfer, the real property shall thereupon be

13  released from the lien claimed, and such lien shall be

14  transferred to said security. In the absence of allegations of

15  privity between the lienor and the owner, and subject to any

16  order of the court increasing the amount required for the lien

17  transfer deposit or bond, no other judgment or decree to pay

18  money may be entered by the court against the owner. The clerk

19  shall be entitled to a fee for making and serving the

20  certificate, in the sum of $15 $10.  If the transaction

21  involves the transfer of multiple liens, an additional charge

22  of $7.50 $5 for each additional lien shall be charged.  For

23  recording the certificate and approving the bond, the clerk

24  shall receive her or his usual statutory service charges as

25  prescribed in s. 28.24. Any number of liens may be transferred

26  to one such security.

27         Section 40.  Effective July 1, 2003, subsection (3) is

28  added to section 721.83, Florida Statutes, to read:

29         721.83 Consolidation of foreclosure actions.--

30         (3)  A plaintiff shall be required to pay separate

31  filing fees and service charges as provided by general law for


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    CS for CS for SB 1492                          First Engrossed



 1  each defendant in a consolidated foreclosure action filed

 2  pursuant to this section.

 3         Section 41.  Section 744.3135, Florida Statutes, is

 4  amended to read:

 5         744.3135  Credit and criminal investigation.--The court

 6  may require a nonprofessional guardian and shall require a

 7  professional or public guardian, and all employees of a

 8  professional guardian who have a fiduciary responsibility to a

 9  ward, to submit, at their own expense, to an investigation of

10  the guardian's credit history and to undergo level 2

11  background screening as required under s. 435.04. The clerk of

12  the court shall obtain fingerprint cards from the Federal

13  Bureau of Investigation and make them available to guardians.

14  Any guardian who is so required shall have his or her

15  fingerprints taken and forward the proper fingerprint card

16  along with the necessary fee to the Florida Department of Law

17  Enforcement for processing. The professional guardian shall

18  pay to the clerk of the court a fee of $7.50 $5 for handling

19  and processing professional guardian files. The results of the

20  fingerprint checks shall be forwarded to the clerk of court

21  who shall maintain the results in a guardian file and shall

22  make the results available to the court. If credit or criminal

23  investigations are required, the court must consider the

24  results of the investigations in appointing a guardian.

25  Guardians and all employees of a professional guardian who

26  have a fiduciary responsibility to a ward, so appointed, must

27  resubmit, at their own expense, to an investigation of credit

28  history, and undergo level 1 background screening as required

29  under s. 435.03, every 2 years after the date of their

30  appointment. The court must consider the results of these

31  investigations in reappointing a guardian. This section shall


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    CS for CS for SB 1492                          First Engrossed



 1  not apply to a professional guardian, or to the employees of a

 2  professional guardian, that is a trust company, a state

 3  banking corporation or state savings association authorized

 4  and qualified to exercise fiduciary powers in this state, or a

 5  national banking association or federal savings and loan

 6  association authorized and qualified to exercise fiduciary

 7  powers in this state.

 8         Section 42.  Paragraph (a) of subsection (6) of section

 9  744.365, Florida Statutes, is amended to read:

10         744.365  Verified inventory.--

11         (6)  AUDIT FEE.--

12         (a)  Where the value of the ward's property exceeds

13  $25,000, a guardian shall pay from the ward's property to the

14  clerk of the circuit court a fee of $75 $50, upon the filing

15  of the verified inventory, for the auditing of the inventory.

16  Any guardian unable to pay the auditing fee may petition the

17  court for waiver of the fee.  The court may waive the fee

18  after it has reviewed the documentation filed by the guardian

19  in support of the waiver.  If the fee is waived for a ward,

20  the audit fee must be paid from the general fund of the county

21  in which the guardianship proceeding is conducted.

22         Section 43.  Subsection (4) of section 744.3678,

23  Florida Statutes, is amended to read:

24         744.3678  Annual accounting.--

25         (4)  The guardian shall pay from the ward's estate to

26  the clerk of the circuit court a fee based upon the following

27  graduated fee schedule, upon the filing of the annual

28  financial return, for the auditing of the return:

29         (a)  For estates with a value of $25,000 or less the

30  fee shall be $15 $10.

31  


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    CS for CS for SB 1492                          First Engrossed



 1         (b)  For estates with a value of more than $25,000 up

 2  to and including $100,000 the fee shall be $75 $50.

 3         (c)  For estates with a value of more than $100,000 up

 4  to and including $500,000 the fee shall be $150 $100.

 5         (d)  For estates with a value in excess of $500,000 the

 6  fee shall be $225 $150.

 7  

 8  Any guardian unable to pay the auditing fee may petition the

 9  court for a waiver of the fee.  The court may waive the fee

10  after it has reviewed the documentation filed by the guardian

11  in support of the waiver.  Upon such waiver, the clerk of the

12  circuit court shall bill the board of county commissioners for

13  the auditing fee.

14         Section 44.  Effective July 1, 2004, section 775.083,

15  Florida Statutes, is amended to read:

16         775.083  Fines.--

17         (1)  A person who has been convicted of an offense

18  other than a capital felony may be sentenced to pay a fine in

19  addition to any punishment described in s. 775.082; when

20  specifically authorized by statute, he or she may be sentenced

21  to pay a fine in lieu of any punishment described in s.

22  775.082.  A person who has been convicted of a noncriminal

23  violation may be sentenced to pay a fine. Fines for designated

24  crimes and for noncriminal violations shall not exceed:

25         (a)  $15,000, when the conviction is of a life felony.

26         (b)  $10,000, when the conviction is of a felony of the

27  first or second degree.

28         (c)  $5,000, when the conviction is of a felony of the

29  third degree.

30         (d)  $1,000, when the conviction is of a misdemeanor of

31  the first degree.


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 1         (e)  $500, when the conviction is of a misdemeanor of

 2  the second degree or a noncriminal violation.

 3         (f)  Any higher amount equal to double the pecuniary

 4  gain derived from the offense by the offender or double the

 5  pecuniary loss suffered by the victim.

 6         (g)  Any higher amount specifically authorized by

 7  statute.

 8  

 9  Fines imposed in this subsection shall be deposited by the

10  clerk of the court in the fine and forfeiture fund established

11  pursuant to s. 142.01. If a defendant is unable to pay a fine,

12  the court may defer payment of the fine to a date certain.

13         (2)(a)  In addition to the fines set forth in

14  subsection (1), court costs shall be assessed and collected in

15  each instance a defendant pleads nolo contendere to, or is

16  convicted of, or adjudicated delinquent for, a felony, a

17  misdemeanor, or a criminal traffic offense under state law, or

18  a violation of any municipal or county ordinance if the

19  violation constitutes a misdemeanor under state law.  The

20  court costs imposed by this section shall be $50 for a felony

21  and $20 for any other offense and shall be deposited by the

22  clerk of the court in the fine and forfeiture fund established

23  pursuant to s. 142.01. A county may adopt an ordinance

24  imposing, in addition to any other fine, penalty, or cost

25  imposed by subsection (1) or any other provision of law, a

26  fine upon any person who, with respect to a charge,

27  indictment, or prosecution commenced in that county, pleads

28  guilty or nolo contendere to, or is convicted of or

29  adjudicated delinquent for, a felony, a misdemeanor, or a

30  criminal traffic offense under state law, or a violation of

31  


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 1  any municipal or county ordinance if the violation constitutes

 2  a misdemeanor under state law.

 3         (b)  The fine is $50 for a felony and $20 for any other

 4  offense. When the defendant enters the plea or is convicted or

 5  adjudicated, in a court in that county, the court may order

 6  the defendant to pay such fine if the court finds that the

 7  defendant has the ability to pay the fine and that the

 8  defendant would not be prevented thereby from being

 9  rehabilitated or making restitution.

10         (c)  The clerk of the court shall collect and deposit

11  the fines in an appropriate county account for disbursement

12  for the purposes provided in this subsection.

13         (d)  A county that imposes the additional fines

14  authorized under this subsection shall account for the fines

15  separately from other county funds, as crime prevention funds.

16  The county, in consultation with the sheriff, must expend such

17  fines for the costs of collecting the fines and for crime

18  prevention programs in the county, including safe neighborhood

19  programs under ss. 163.501-163.523.

20         (3)  The purpose of this section is to provide uniform

21  penalty authorization for criminal offenses and, to this end,

22  a reference to this section constitutes a general reference

23  under the doctrine of incorporation by reference.

24         Section 45.  Section 921.26, Florida Statutes, is

25  created to read:

26         921.26  Notice of assessment of court cost.--The

27  assessment of a court cost under chapter 938 shall be made

28  upon any order entered pursuant to this chapter. A court cost

29  assessed under s. 938.02 shall take priority over any other

30  court cost assessed, and shall be collected before any other

31  court cost.


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 1         Section 46.  Section 938.02, Florida Statutes, is

 2  created to read:

 3         938.02  Additional cost for operation of court

 4  system.--All courts created by Art. V of the State

 5  Constitution shall, in addition and prior to any fine, other

 6  court costs, or other penalty, assess the sum of $25 as a

 7  court cost against each person who pleads guilty or nolo

 8  contendere to, or is convicted of, regardless of adjudication,

 9  any felony, misdemeanor, or criminal traffic offense under the

10  laws of this state. This court cost may not be waived by the

11  court and shall take priority over and be paid prior to any

12  other cost required to be imposed by law. If this court cost

13  has not been collected prior to termination of probation, such

14  term of probation may not be terminated until the cost has

15  been collected. If this court cost has not been collected

16  prior to incarceration, the appropriate authorities shall be

17  directed to collect the cost out of any moneys or account held

18  for the inmate and remit the sum to the clerk of the court.

19  Court costs assessed under this section shall be remitted by

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

21  General Revenue Fund.

22         Section 47.  Effective July 1, 2004, section 938.05,

23  Florida Statutes, is amended to read:

24         938.05  Local Government Criminal Justice Trust Fund.--

25         (1)  When any person pleads nolo contendere to a

26  misdemeanor or criminal traffic offense under s. 318.14(10)(a)

27  or pleads guilty or nolo contendere to, or is found guilty of,

28  any felony, misdemeanor, or criminal traffic offense under the

29  laws of this state or the violation of any municipal or county

30  ordinance which adopts by reference any misdemeanor under

31  state law, there shall be imposed as a cost in the case, in


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 1  addition to any other cost required to be imposed by law, a

 2  sum in accordance with the following schedule:

 3         (a)  Felonies......................................$200

 4         (b)  Misdemeanors...................................$50

 5         (c)  Criminal traffic offenses......................$50

 6         (2)  Payment of the additional court costs provided for

 7  in subsection (1) shall be made part of any plea agreement

 8  reached by the prosecuting attorney and defense counsel or the

 9  criminal defendant where the plea agreement provides for the

10  defendant to plead guilty or nolo contendere to any felony,

11  misdemeanor, or criminal traffic offense under the laws of

12  this state or any municipal or county ordinance which adopts

13  by reference any misdemeanor under state law.

14         (3)  The clerk of the court shall collect such

15  additional costs for deposit in the fine and forfeiture fund

16  established pursuant to s. 142.01 and shall notify the agency

17  supervising a person upon whom costs have been imposed upon

18  full payment of fees.  The clerk shall deposit all but $3 for

19  each misdemeanor or criminal traffic case and all but $5 for

20  each felony case in a special trust fund of the county.  Such

21  funds shall be used exclusively for those purposes set forth

22  in s. 27.3455(3).  The clerk shall retain $3 for each

23  misdemeanor or criminal traffic case and $5 for each felony

24  case of each scheduled amount collected as a service charge of

25  the clerk's office.  A political subdivision shall not be held

26  liable for the payment of the additional costs imposed by this

27  section.

28         Section 48.  Effective July 1, 2003, section 938.35,

29  Florida Statutes, is amended to read:

30         938.35  Collection of court-related financial

31  obligations.--Any provision of law notwithstanding, a clerk of


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 1  the circuit court county may pursue the collection of any

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

 3  remain unpaid for 90 days or more, or refer such collection to

 4  a private attorney who is a member in good standing of The

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

 6  standing pursuant to chapter 559. In pursuing the collection

 7  of such unpaid financial obligations through a private

 8  attorney or collection agent, the clerk of the circuit court

 9  governing body of the county must determine that such

10  collection is cost-effective and the clerk county must follow

11  applicable procurement practices. The costs of collection,

12  including a reasonable attorney's fee, may be recovered,

13  except that such fees and costs of collection may not exceed

14  40 percent of the total fines and costs owed.

15         Section 49.  Subsection (5) is added to section 26.012,

16  Florida Statutes, to read:

17         26.012  Jurisdiction of circuit court.--

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

19         Section 50.  Section 27.06, Florida Statutes, is

20  amended to read:

21         27.06  Habeas corpus and preliminary trials.--The

22  several state attorneys of this state shall represent the

23  state in all cases of habeas corpus arising in their

24  respective circuits, and shall also represent the state,

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

26  trials of persons charged with capital offenses in all cases

27  where the committing trial court judge magistrate shall have

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

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

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

31  wherein the statute under attack is being applied, the


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 1  criminal law proceeding is being maintained, or the conviction

 2  has occurred.

 3         Section 51.  Subsections (2) and (3) of section 34.01,

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

 5  that section, to read:

 6         34.01  Jurisdiction of county court.--

 7         (2)  The county courts shall have jurisdiction

 8  previously exercised by county judges' courts other than that

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

10  court judges may hear matters involving dissolution of

11  marriage under the simplified dissolution procedure pursuant

12  to Rule 1.611(c), Florida Family Law Rules of Civil Procedure

13  or may issue a final order for dissolution in cases where the

14  matter is uncontested, and the jurisdiction previously

15  exercised by county courts, the claims court, small claims

16  courts, small claims magistrates courts, magistrates courts,

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

18  chartered counties, including but not limited to the counties

19  referred to in ss. 9, 10, 11, and 24, Art. VIII of the State

20  Constitution of 1968 1885.

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

22  trial court judges magistrates. Judges of county courts shall

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

24  Supreme Court.

25         (4)  Judges of county courts may hear all matters in

26  equity involved in any case within the jurisdictional amount

27  of the county court, except as otherwise restricted by the

28  State Constitution or the laws of Florida.

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

30         Section 52.  Section 48.20, Florida Statutes, is

31  amended to read:


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 1         48.20  Service of process on Sunday.--Service or

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

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

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

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

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

 7  affidavit is made by the person requesting service or

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

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

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

11  state under protection of Sunday, any officer furnished with

12  an order authorizing service or execution by the trial court

13  judge or magistrate of any incorporated town may serve or

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

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

16  day.

17         Section 53.  Subsection (3) of section 316.635, Florida

18  Statutes, is amended to read:

19         316.635  Courts having jurisdiction over traffic

20  violations; powers relating to custody and detention of

21  minors.--

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

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

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

25  Civil Traffic Infraction Hearing Officer, who has jurisdiction

26  over the offense or violation magistrate, the arresting

27  officer or booking officer shall immediately notify, or cause

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

29  adult relative of the action taken. After making every

30  reasonable effort to give notice, the arresting officer or

31  booking officer may:


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

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

 3  relative, or other responsible adult;

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

 5  and release the minor pursuant to s. 903.06;

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

 7  and deliver the minor to an appropriate substance abuse

 8  treatment or rehabilitation facility or refer the minor to an

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

10  minor cannot be delivered to an appropriate substance abuse

11  treatment or rehabilitation facility or medical facility, the

12  arresting officer may deliver the minor to an appropriate

13  intake office of the Department of Juvenile Justice, which

14  shall take custody of the minor and make any appropriate

15  referrals; or

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

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

18  deliver the minor to an appropriate Department of Juvenile

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

20  intake office, the department shall assume custody and proceed

21  pursuant to chapter 984 or chapter 985.

22  

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

24  minor shall be delivered to the Department of Juvenile

25  Justice, and the department shall make every reasonable effort

26  to contact the parents, guardian, or responsible adult

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

28  guardian, or responsible adult relative available, the

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

30         Section 54.  Section 373.603, Florida Statutes, is

31  amended to read:


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 1         373.603  Power to enforce.--The Department of

 2  Environmental Protection or the governing board of any water

 3  management district and any officer or agent thereof may

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

 5  adopted and promulgated or order issued thereunder to the same

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

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

 8  trial court judge magistrate empowered to issue warrants in

 9  criminal cases and make an affidavit and apply for the

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

11  magistrate, If such affidavit alleges shall allege the

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

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

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

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

16         Section 55.  Subsection (4) of section 381.0012,

17  Florida Statutes, is amended to read:

18         381.0012  Enforcement authority.--

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

20  judge magistrate empowered to issue warrants in criminal cases

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

22  magistrate shall issue a warrant directed to any sheriff,

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

24  the purpose and intent of this chapter.

25         Section 56.  Subsections (3) and (4) of section

26  450.121, Florida Statutes, are amended to read:

27         450.121  Enforcement of Child Labor Law.--

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

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

30  within the limit of any municipality city over which such

31  


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 1  magistrate has jurisdiction in connection with the violation

 2  of this law.

 3         (4)  Grand juries shall have inquisitorial powers to

 4  investigate violations of this chapter; also, trial county

 5  court judges and judges of the circuit courts shall specially

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

 7  court, to investigate violations of this chapter.

 8         Section 57.  Subsection (2) of section 560.306, Florida

 9  Statutes, is amended to read:

10         560.306  Standards.--

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

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

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

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

15  committed in this state, would constitute a crime involving

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

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

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

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

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

21  pronouncement of sentence or the suspension thereof. The

22  department may take into consideration the fact that such plea

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

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

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

26  pardon from the jurisdiction where the conviction was entered

27  or received a certificate pursuant to any provision of law

28  which removes the disability under this part because of such

29  conviction.

30         Section 58.  Section 633.14, Florida Statutes, is

31  amended to read:


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 1         633.14  Agents; powers to make arrests, conduct

 2  searches and seizures, serve summonses, and carry

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

 4  same authority to serve summonses, make arrests, carry

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

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

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

 8  affidavits necessary to authorize any such arrests, searches,

 9  or seizures may be made before any trial court judge

10  magistrate having authority under the law to issue appropriate

11  processes.

12         Section 59.  Paragraph (e) of subsection (1) and

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

14  Statutes, are amended to read:

15         648.44  Prohibitions; penalty.--

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

17  runner may not:

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

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

20  committing trial court judge magistrate or any other person

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

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

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

24  bond or estreatment thereof.

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

26  bond agents, temporary bail bond agents, or employees of a

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

28  or indirectly receive any benefits from the execution of any

29  bail bond:

30         (c)  Committing trial court judges magistrates,

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


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 1         Section 60.  Subsection (3) of section 817.482, Florida

 2  Statutes, is amended to read:

 3         817.482  Possessing or transferring device for theft of

 4  telecommunications service; concealment of destination of

 5  telecommunications service.--

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

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

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

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

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

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

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

13  instructions either shall be destroyed as contraband by the

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

15  turned over to the telephone company in whose territory such

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

17  instructions were seized.

18         Section 61.  Subsection (5) of section 828.122, Florida

19  Statutes, is amended to read:

20         828.122  Fighting or baiting animals; offenses;

21  penalties.--

22         (5)  Whenever an indictment is returned or an

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

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

25  judge magistrate finds probable cause that a violation has

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

27  provide for appropriate and humane care or disposition of the

28  animals.  This provision shall not be construed as a

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

30  time of arrest.

31  


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 1         Section 62.  Subsection (8) of section 832.05, Florida

 2  Statutes, is amended to read:

 3         832.05  Giving worthless checks, drafts, and debit card

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

 5  form.--

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

 7  section before any committing trial court judge magistrate,

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

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

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

11  dismissed cases.

12         Section 63.  Section 876.42, Florida Statutes, is

13  amended to read:

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

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

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

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

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

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

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

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

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

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

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

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

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

27  and no testimony so given or produced shall be received

28  against the person, upon any criminal investigation,

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

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

31  testimony.


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 1         Section 64.  Paragraph (a) of subsection (1) of section

 2  893.12, Florida Statutes, is amended to read:

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

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

 5  listed chemicals, which substances or chemicals are handled,

 6  delivered, possessed, or distributed contrary to any

 7  provisions of this chapter, and all such controlled substances

 8  or listed chemicals the lawful possession of which is not

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

10  declared to be contraband, are subject to seizure and

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

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

13  follows:

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

15  court having jurisdiction shall order such controlled

16  substances or listed chemicals forfeited and destroyed.  A

17  record of the place where said controlled substances or listed

18  chemicals were seized, of the kinds and quantities of

19  controlled substances or listed chemicals destroyed, and of

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

21  a return under oath reporting said destruction shall be made

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

23         Section 65.  Section 901.01, Florida Statutes, is

24  amended to read:

25         901.01  Judicial officers have to be committing

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

27  conservator of the peace and has a committing magistrate with

28  authority to issue warrants of arrest, commit offenders to

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

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

31  been substantially threatened or disturbed.


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 1         Section 66.  Subsection (1) of section 901.02, Florida

 2  Statutes, is amended to read:

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

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

 5  person complained against if the trial court judge magistrate,

 6  from the examination of the complainant and other witnesses,

 7  reasonably believes that the person complained against has

 8  committed an offense within the trial court judge's

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

10  is signed by the trial court judge magistrate.

11         Section 67.  Section 901.07, Florida Statutes, is

12  amended to read:

13         901.07  Admission to bail when arrest occurs in another

14  county.--

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

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

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

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

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

20  trial court judge magistrate or other official of the same

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

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

23  before the trial court judge magistrate who issued the

24  warrant.

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

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

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

28  the officer having the warrant shall take the person before

29  the trial court judge magistrate who issued the warrant.

30         Section 68.  Section 901.08, Florida Statutes, is

31  amended to read:


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 1         901.08  Issue of warrant when offense triable in

 2  another county.--

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

 4  magistrate charges the commission of an offense that is

 5  punishable by death or life imprisonment and is triable in

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

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

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

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

10  warrant shall require the person against whom the complaint is

11  made to be taken before a designated trial court judge

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

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

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

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

16  before a trial court judge magistrate or other official having

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

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

19  or her appearance before the trial court judge magistrate

20  designated in the warrant.

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

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

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

24  trial court judge magistrate designated in the warrant.

25         Section 69.  Section 901.09, Florida Statutes, is

26  amended to read:

27         901.09  When summons shall be issued.--

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

29  trial court judge magistrate is empowered to try summarily,

30  the trial court judge magistrate shall issue a summons instead

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


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 1  person against whom the complaint was made will not appear

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

 3  magistrate shall issue a warrant.

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

 5  trial court judge magistrate is not empowered to try

 6  summarily, the trial court judge magistrate shall issue a

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

 8  that the person against whom the complaint was made will

 9  appear upon a summons.

10         (3)  The summons shall set forth substantially the

11  nature of the offense and shall command the person against

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

13  judge magistrate at a stated time and place.

14         Section 70.  Section 901.11, Florida Statutes, is

15  amended to read:

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

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

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

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

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

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

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

23  commanded after issuing a summons, the trial court judge

24  magistrate may issue a warrant.

25         Section 71.  Section 901.12, Florida Statutes, is

26  amended to read:

27         901.12  Summons against corporation.--When a complaint

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

29  judge magistrate shall issue a summons that shall set forth

30  substantially the nature of the offense and command the

31  


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 1  corporation to appear before the trial court judge magistrate

 2  at a stated time and place.

 3         Section 72.  Subsection (3) of section 901.25, Florida

 4  Statutes, is amended to read:

 5         901.25  Fresh pursuit; arrest outside jurisdiction.--

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

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

 8  the officer shall immediately notify the officer in charge of

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

10  charge of the jurisdiction shall, along with the officer

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

12  county court judge or other committing magistrate of the

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

14         Section 73.  Section 902.15, Florida Statutes, is

15  amended to read:

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

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

18  life imprisonment, the trial court judge magistrate at the

19  preliminary hearing may require each material witness to enter

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

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

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

23  judge magistrate.

24         Section 74.  Subsections (1), (2), and (3) of section

25  902.17, Florida Statutes, are amended to read:

26         902.17  Procedure when witness does not give

27  security.--

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

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

30  judge magistrate shall commit the witness to custody until she

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


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

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

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

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

 5  reduction of the security.

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

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

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

 9  jurisdiction to try the defendant shall make an order finding

10  that fact, and the witness shall be detained pending

11  application for her or his conditional examination. Within 3

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

13  conditionally examined on application of the state or the

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

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

16  transcribed by a court reporter or stenographer selected by

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

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

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

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

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

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

23  without the consent of the defendant.

24         Section 75.  Section 902.20, Florida Statutes, is

25  amended to read:

26         902.20  Contempts before committing trial court judge

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

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

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

30  criminal cases.

31  


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 1         Section 76.  Section 902.21, Florida Statutes, is

 2  amended to read:

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

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

 5  committing trial court judge magistrate shall direct the

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

 7         Section 77.  Subsection (1) of section 903.03, Florida

 8  Statutes, is amended to read:

 9         903.03  Jurisdiction of trial court to admit to bail;

10  duties and responsibilities of Department of Corrections.--

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

12  judge magistrate, the court having jurisdiction to try the

13  defendant shall, before indictment, affidavit, or information

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

15  motions regarding bail and production or impounding of all

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

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

18         Section 78.  Subsection (2) of section 903.32, Florida

19  Statutes, is amended to read:

20         903.32  Defects in bond.--

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

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

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

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

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

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

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

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

29  court that will commence more than 3 days after the

30  undertaking is given.

31  


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 1         Section 79.  Section 903.34, Florida Statutes, is

 2  amended to read:

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

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

 5  defendants before trial until appeal shall be approved by a

 6  committing trial court judge magistrate or the sheriff. Appeal

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

 8         Section 80.  Subsection (4) of section 914.22, Florida

 9  Statutes, is amended to read:

10         914.22  Tampering with a witness, victim, or

11  informant.--

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

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

14  circumstance:

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

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

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

18  a state agency; or

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

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

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

22  serving the state as an adviser or consultant.

23         Section 81.  Section 923.01, Florida Statutes, is

24  amended to read:

25         923.01  Criminal report.--Each committing trial court

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

27  or him to the proper trial court, and the sheriff when an

28  arrest is made, other than on a capias, shall transmit to the

29  prosecuting attorney of the trial court having jurisdiction, a

30  report in the following form:

31  


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 1                         CRIMINAL REPORT

 2  Date: .... Name and address of defendant: .... Age: ..... If

 3  under 18, give name and address of parent, next friend, or

 4  guardian: .... Name of offense, such as murder, assault,

 5  robbery, etc.: .... Date and place where committed: .... Value

 6  of property stolen: .... Kind of property stolen: .... Kind of

 7  building robbed: .... Name and address of owner of property

 8  stolen or building robbed: .... Name and address of occupant

 9  of building robbed: .... Name of party assaulted or murdered:

10  .... Weapon used in assault or murder: .... Exhibits taken at

11  scene of crime or from defendant: .... Name of custodian of

12  such exhibits: .... Location of building or place where

13  offense committed: .... Previous prison record of defendant:

14  .... Has defendant been arrested: .... Does defendant desire

15  to plead guilty: .... Names and addresses of state witnesses:

16  .... Name of defendant's lawyer: .... If defendant is released

17  on bond, names and addresses of sureties: .... Brief statement

18  of facts: .... Name of committing trial court judge

19  magistrate: .... If additional space required, use reverse

20  side of this sheet.

21                  ...(Signature of party making this report.)...

22         Section 82.  Section 933.01, Florida Statutes, is

23  amended to read:

24         933.01  Persons competent to issue search warrant.--A

25  search warrant authorized by law may be issued by any judge,

26  including the judge of any circuit court of this state or

27  county court judge, or committing judge of the trial court

28  magistrate having jurisdiction where the place, vehicle, or

29  thing to be searched may be.

30         Section 83.  Section 933.06, Florida Statutes, is

31  amended to read:


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 1         933.06  Sworn application required before

 2  issuance.--The judge or magistrate must, before issuing the

 3  warrant, have the application of some person for said warrant

 4  duly sworn to and subscribed, and may receive further

 5  testimony from witnesses or supporting affidavits, or

 6  depositions in writing, to support the application.  The

 7  affidavit and further proof, if same be had or required, must

 8  set forth the facts tending to establish the grounds of the

 9  application or probable cause for believing that they exist.

10         Section 84.  Subsection (1) of section 933.07, Florida

11  Statutes, is amended to read:

12         933.07  Issuance of search warrants.--

13         (1)  The judge, upon examination of the application and

14  proofs submitted, if satisfied that probable cause exists for

15  the issuing of the search warrant, shall thereupon issue a

16  search warrant signed by him or her with his or her name of

17  office, to any sheriff and the sheriff's deputies or any

18  police officer or other person authorized by law to execute

19  process, commanding the officer or person forthwith to search

20  the property described in the warrant or the person named, for

21  the property specified, and to bring the property and any

22  person arrested in connection therewith before the judge

23  magistrate or some other court having jurisdiction of the

24  offense.

25         Section 85.  Section 933.10, Florida Statutes, is

26  amended to read:

27         933.10  Execution of search warrant during day or

28  night.--A search warrant issued under the provisions of this

29  chapter may, if expressly authorized in such warrant by the

30  judge or magistrate issuing the same, be executed by being

31  


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 1  served either in the daytime or in the nighttime, as the

 2  exigencies of the occasion may demand or require.

 3         Section 86.  Section 933.101, Florida Statutes, is

 4  amended to read:

 5         933.101  Service on Sunday.--A search warrant may be

 6  executed by being served on Sunday, if expressly authorized in

 7  such warrant by the judge or magistrate issuing the same.

 8         Section 87.  Section 933.13, Florida Statutes, is

 9  amended to read:

10         933.13  Copy of inventory shall be delivered upon

11  request.--The judge or magistrate to whom the warrant is

12  returned, upon the request of any claimant or any person from

13  whom said property is taken, or the officer who executed the

14  search warrant, shall deliver to said applicant a true copy of

15  the inventory of the property mentioned in the return on said

16  warrant.

17         Section 88.  Subsections (1), (3), and (4) of section

18  933.14, Florida Statutes, are amended to read:

19         933.14  Return of property taken under search

20  warrant.--

21         (1)  If it appears to the magistrate or judge before

22  whom the warrant is returned that the property or papers taken

23  are not the same as that described in the warrant, or that

24  there is no probable cause for believing the existence of the

25  grounds upon which the warrant was issued, or if it appears to

26  the judge magistrate before whom any property is returned that

27  the property was secured by an "unreasonable" search, the

28  judge or magistrate may order a return of the property taken;

29  provided, however, that in no instance shall contraband such

30  as slot machines, gambling tables, lottery tickets, tally

31  sheets, rundown sheets, or other gambling devices,


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 1  paraphernalia and equipment, or narcotic drugs, obscene prints

 2  and literature be returned to anyone claiming an interest

 3  therein, it being the specific intent of the Legislature that

 4  no one has any property rights subject to be protected by any

 5  constitutional provision in such contraband; provided,

 6  further, that the claimant of said contraband may upon sworn

 7  petition and proof submitted by him or her in the circuit

 8  court of the county where seized, show that said contraband

 9  articles so seized were held, used or possessed in a lawful

10  manner, for a lawful purpose, and in a lawful place, the

11  burden of proof in all cases being upon the claimant.  The

12  sworn affidavit or complaint upon which the search warrant was

13  issued or the testimony of the officers showing probable cause

14  to search without a warrant or incident to a legal arrest, and

15  the finding of such slot machines, gambling tables, lottery

16  tickets, tally sheets, rundown sheets, scratch sheets, or

17  other gambling devices, paraphernalia, and equipment,

18  including money used in gambling or in furtherance of

19  gambling, or narcotic drugs, obscene prints and literature, or

20  any of them, shall constitute prima facie evidence of the

21  illegal possession of such contraband and the burden shall be

22  upon the claimant for the return thereof, to show that such

23  contraband was lawfully acquired, possessed, held, and used.

24         (3)  No pistol or firearm taken by any officer with a

25  search warrant or without a search warrant upon a view by the

26  officer of a breach of the peace shall be returned except

27  pursuant to an order of a trial circuit judge or a county

28  court judge.

29         (4)  If no cause is shown for the return of any

30  property seized or taken under a search warrant, the judge or

31  magistrate shall order that the same be impounded for use as


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 1  evidence at any trial of any criminal or penal cause growing

 2  out of the having or possession of said property, but

 3  perishable property held or possessed in violation of law may

 4  be sold where the same is not prohibited, as may be directed

 5  by the court, or returned to the person from whom taken.  The

 6  judge or magistrate to whom said search warrant is returned

 7  shall file the same with the inventory and sworn return in the

 8  proper office, and if the original affidavit and proofs upon

 9  which the warrant was issued are in his or her possession, he

10  or she shall apply to the officer having the same and the

11  officer shall transmit and deliver all of the papers, proofs,

12  and certificates to the proper office where the proceedings

13  are lodged.

14         Section 89.  Section 939.02, Florida Statutes, is

15  amended to read:

16         939.02  Costs before committing trial court judge

17  magistrate.--All costs accruing before a committing trial

18  court judge magistrate shall be taxed against the defendant on

19  conviction or estreat of recognizance.

20         Section 90.  Section 939.14, Florida Statutes, is

21  amended to read:

22         939.14  County not to pay costs in cases where

23  information is not filed or indictment found.--When a

24  committing trial court judge magistrate holds to bail or

25  commits any person to answer a criminal charge in a county

26  court or a circuit court, and an information is not filed nor

27  an indictment found against such person, the costs of such

28  committing trial shall not be paid by the county, except the

29  costs for executing the warrant.

30         Section 91.  Section 941.13, Florida Statutes, is

31  amended to read:


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 1         941.13  Arrest prior to requisition.--Whenever any

 2  person within this state shall be charged on the oath of any

 3  credible person before any judge or magistrate of this state

 4  with the commission of any crime in any other state, and,

 5  except in cases arising under s. 941.06, with having fled from

 6  justice or with having been convicted of a crime in that state

 7  and having escaped from confinement, or having broken the

 8  terms of his or her bail, probation, or parole, or whenever

 9  complaint shall have been made before any judge or magistrate

10  in this state setting forth on the affidavit of any credible

11  person in another state that a crime has been committed in

12  such other state and that the accused has been charged in such

13  state with the commission of the crime, and, except in cases

14  arising under s. 941.06, has fled from justice, or with having

15  been convicted of a crime in that state and having escaped

16  from confinement, or having broken the terms of his or her

17  bail, probation, or parole, and is believed to be in this

18  state, the judge or magistrate shall issue a warrant directed

19  to any peace officer commanding him or her to apprehend the

20  person named therein, wherever the person may be found in this

21  state, and to bring the person before the same or any other

22  judge, magistrate, or court who or which may be available in,

23  or convenient of, access to the place where the arrest may be

24  made, to answer the charge or complaint and affidavit, and a

25  certified copy of the sworn charge or complaint and affidavit

26  upon which the warrant is issued shall be attached to the

27  warrant.

28         Section 92.  Section 941.14, Florida Statutes, is

29  amended to read:

30         941.14  Arrest without a warrant.--The arrest of a

31  person may be lawfully made also by any peace officer or a


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 1  private person, without a warrant upon reasonable information

 2  that the accused stands charged in the courts of a state with

 3  a crime punishable by death or imprisonment for a term

 4  exceeding 1 year, but when so arrested the accused must be

 5  taken before a judge or magistrate with all practicable speed

 6  and complaint must be made against the accused under oath

 7  setting forth the ground for the arrest as in the preceding

 8  section; and thereafter his or her answer shall be heard as if

 9  the accused had been arrested on a warrant.

10         Section 93.  Section 941.15, Florida Statutes, is

11  amended to read:

12         941.15  Commitment to await requisition; bail.--If from

13  the examination before the judge or magistrate it appears that

14  the person held is the person charged with having committed

15  the crime alleged and, except in cases arising under s.

16  941.06, that the person has fled from justice, the judge or

17  magistrate must, by a warrant reciting the accusation, commit

18  the person to the county jail for such a time not exceeding 30

19  days and specified in the warrant, as will enable the arrest

20  of the accused to be made under a warrant of the Governor on a

21  requisition of the executive authority of the state having

22  jurisdiction of the offense, unless the accused gives give

23  bail as provided in s. 941.16 the next section, or until the

24  accused shall be legally discharged.

25         Section 94.  Section 941.17, Florida Statutes, is

26  amended to read:

27         941.17  Extension of time of commitment,

28  adjournment.--If the accused is not arrested under warrant of

29  the Governor by the expiration of the time specified in the

30  warrant or bond, a judge or magistrate may discharge the

31  accused or may recommit him or her for a further period not to


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 1  exceed 60 days, or a judge or magistrate judge may again take

 2  bail for his or her appearance and surrender, as provided in

 3  s. 941.16, but within a period not to exceed 60 days after the

 4  date of such new bond.

 5         Section 95.  Section 941.18, Florida Statutes, is

 6  amended to read:

 7         941.18  Forfeiture of bail.--If the prisoner is

 8  admitted to bail, and fails to appear and surrender himself or

 9  herself according to the conditions of his or her bond, the

10  judge, or magistrate by proper order, shall declare the bond

11  forfeited and order his or her immediate arrest without

12  warrant if he or she is be within this state. Recovery may be

13  had on such bond in the name of the state as in the case of

14  other bonds given by the accused in criminal proceedings

15  within this state.

16         Section 96.  Subsection (2) of section 947.141, Florida

17  Statutes, is amended to read:

18         947.141  Violations of conditional release, control

19  release, or conditional medical release or addiction-recovery

20  supervision.--

21         (2)  Upon the arrest on a felony charge of an offender

22  who is on release supervision under s. 947.1405, s. 947.146,

23  s. 947.149, or s. 944.4731, the offender must be detained

24  without bond until the initial appearance of the offender at

25  which a judicial determination of probable cause is made. If

26  the trial court judge magistrate determines that there was no

27  probable cause for the arrest, the offender may be released.

28  If the trial court judge magistrate determines that there was

29  probable cause for the arrest, such determination also

30  constitutes reasonable grounds to believe that the offender

31  violated the conditions of the release. Within 24 hours after


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 1  the trial court judge's magistrate's finding of probable

 2  cause, the detention facility administrator or designee shall

 3  notify the commission and the department of the finding and

 4  transmit to each a facsimile copy of the probable cause

 5  affidavit or the sworn offense report upon which the trial

 6  court judge's magistrate's probable cause determination is

 7  based. The offender must continue to be detained without bond

 8  for a period not exceeding 72 hours excluding weekends and

 9  holidays after the date of the probable cause determination,

10  pending a decision by the commission whether to issue a

11  warrant charging the offender with violation of the conditions

12  of release. Upon the issuance of the commission's warrant, the

13  offender must continue to be held in custody pending a

14  revocation hearing held in accordance with this section.

15         Section 97.  Subsection (1) of section 948.06, Florida

16  Statutes, is amended to read:

17         948.06  Violation of probation or community control;

18  revocation; modification; continuance; failure to pay

19  restitution or cost of supervision.--

20         (1)  Whenever within the period of probation or

21  community control there are reasonable grounds to believe that

22  a probationer or offender in community control has violated

23  his or her probation or community control in a material

24  respect, any law enforcement officer who is aware of the

25  probationary or community control status of the probationer or

26  offender in community control or any parole or probation

27  supervisor may arrest or request any county or municipal law

28  enforcement officer to arrest such probationer or offender

29  without warrant wherever found and forthwith return him or her

30  to the court granting such probation or community control. Any

31  committing trial court judge magistrate may issue a warrant,


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 1  upon the facts being made known to him or her by affidavit of

 2  one having knowledge of such facts, for the arrest of the

 3  probationer or offender, returnable forthwith before the court

 4  granting such probation or community control. Any parole or

 5  probation supervisor, any officer authorized to serve criminal

 6  process, or any peace officer of this state is authorized to

 7  serve and execute such warrant. Upon the filing of an

 8  affidavit alleging a violation of probation or community

 9  control and following issuance of a warrant under s. 901.02,

10  the probationary period is tolled until the court enters a

11  ruling on the violation. Notwithstanding the tolling of

12  probation as provided in this subsection, the court shall

13  retain jurisdiction over the offender for any violation of the

14  conditions of probation or community control that is alleged

15  to have occurred during the tolling period. The probation

16  officer is permitted to continue to supervise any offender who

17  remains available to the officer for supervision until the

18  supervision expires pursuant to the order of probation or

19  community control or until the court revokes or terminates the

20  probation or community control, whichever comes first. The

21  court, upon the probationer or offender being brought before

22  it, shall advise him or her of such charge of violation and,

23  if such charge is admitted to be true, may forthwith revoke,

24  modify, or continue the probation or community control or

25  place the probationer into a community control program. If

26  probation or community control is revoked, the court shall

27  adjudge the probationer or offender guilty of the offense

28  charged and proven or admitted, unless he or she has

29  previously been adjudged guilty, and impose any sentence which

30  it might have originally imposed before placing the

31  probationer on probation or the offender into community


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 1  control. If such violation of probation or community control

 2  is not admitted by the probationer or offender, the court may

 3  commit him or her or release him or her with or without bail

 4  to await further hearing, or it may dismiss the charge of

 5  probation or community control violation. If such charge is

 6  not at that time admitted by the probationer or offender and

 7  if it is not dismissed, the court, as soon as may be

 8  practicable, shall give the probationer or offender an

 9  opportunity to be fully heard on his or her behalf in person

10  or by counsel. After such hearing, the court may revoke,

11  modify, or continue the probation or community control or

12  place the probationer into community control. If such

13  probation or community control is revoked, the court shall

14  adjudge the probationer or offender guilty of the offense

15  charged and proven or admitted, unless he or she has

16  previously been adjudged guilty, and impose any sentence which

17  it might have originally imposed before placing the

18  probationer or offender on probation or into community

19  control. Notwithstanding s. 775.082, when a period of

20  probation or community control has been tolled, upon

21  revocation or modification of the probation or community

22  control, the court may impose a sanction with a term that when

23  combined with the amount of supervision served and tolled,

24  exceeds the term permissible pursuant to s. 775.082 for a term

25  up to the amount of the tolled period supervision. If the

26  court dismisses an affidavit alleging a violation of probation

27  or community control, the offender's probation or community

28  control shall continue as previously imposed, and the offender

29  shall receive credit for all tolled time against his or her

30  term of probation or community control.

31  


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 1         Section 98.  Paragraph (b) of subsection (4) of section

 2  985.05, Florida Statutes, is amended to read:

 3         985.05  Court records.--

 4         (4)  A court record of proceedings under this part is

 5  not admissible in evidence in any other civil or criminal

 6  proceeding, except that:

 7         (b)  Orders binding an adult over for trial on a

 8  criminal charge, made by the committing trial judge as a

 9  committing magistrate, are admissible in evidence in the court

10  to which the adult is bound over.

11         Section 99.  Section 56.071, Florida Statutes, is

12  amended to read:

13         56.071  Executions on equities of redemption; discovery

14  of value.--On motion made by the party causing a levy to be

15  made on an equity of redemption, the court from which the

16  execution issued shall order the mortgagor, mortgagee, and all

17  other persons interested in the mortgaged property levied on

18  to appear and be examined about the amount remaining due on

19  the mortgage, the amount that has been paid, the party to whom

20  that amount has been paid, and the date when that amount was

21  paid to whom and when paid so that the value of the equity of

22  redemption may be ascertained before the property it is sold.

23  The court may appoint a general or special magistrate master

24  to conduct the examination.  This section shall also apply to

25  the interest of and personal property in possession of a

26  vendee under a retained title contract or conditional sales

27  contract.

28         Section 100.  Subsections (2), (7), and (10) of section

29  56.29, Florida Statutes, are amended to read:

30         56.29  Proceedings supplementary.--

31  


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 1         (2)  On such plaintiff's motion the court shall require

 2  the defendant in execution to appear before it or a general or

 3  special magistrate master at a time and place specified by the

 4  order in the county of the defendant's residence to be

 5  examined concerning his or her property.

 6         (7)  At any time the court may refer the proceeding to

 7  a general or special magistrate master who may be directed to

 8  report findings of law or fact, or both.  The master has all

 9  the powers thereof, including the power to issue subpoena, and

10  shall be paid the fees provided by law.

11         (10)  Any person failing to obey any order issued under

12  this section by a judge or general or special magistrate

13  master or failing to attend in response to a subpoena served

14  on him or her may be held in contempt.

15         Section 101.  Subsection (4) of section 61.1826,

16  Florida Statutes, is amended to read:

17         61.1826  Procurement of services for State Disbursement

18  Unit and the non-Title IV-D component of the State Case

19  Registry; contracts and cooperative agreements; penalties;

20  withholding payment.--

21         (4)  COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The

22  contract between the Florida Association of Court Clerks and

23  the department, and cooperative agreements entered into by the

24  depositories and the department, must contain, but are not

25  limited to, the following terms:

26         (a)  The initial term of the contract and cooperative

27  agreements is for 5 years. The subsequent term of the contract

28  and cooperative agreements is for 3 years, with the option of

29  two 1-year renewal periods, at the sole discretion of the

30  department.

31  


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 1         (b)  The duties and responsibilities of the Florida

 2  Association of Court Clerks, the depositories, and the

 3  department.

 4         (c)  Under s. 287.058(1)(a), all providers and

 5  subcontractors shall submit to the department directly, or

 6  through the Florida Association of Court Clerks, a report of

 7  monthly expenditures in a format prescribed by the department

 8  and in sufficient detail for a proper preaudit and postaudit

 9  thereof.

10         (d)  All providers and subcontractors shall submit to

11  the department directly, or through the Florida Association of

12  Court Clerks, management reports in a format prescribed by the

13  department.

14         (e)  All subcontractors shall comply with chapter 280,

15  as may be required.

16         (f)  Federal financial participation for eligible Title

17  IV-D expenditures incurred by the Florida Association of Court

18  Clerks and the depositories shall be at the maximum level

19  permitted by federal law for expenditures incurred for the

20  provision of services in support of child support enforcement

21  in accordance with 45 C.F.R. part 74 and Federal Office of

22  Management and Budget Circulars A-87 and A-122 and based on an

23  annual cost allocation study of each depository. The

24  depositories shall submit directly, or through the Florida

25  Association of Court Clerks, claims for Title IV-D

26  expenditures monthly to the department in a standardized

27  format as prescribed by the department. The Florida

28  Association of Court Clerks shall contract with a certified

29  public accounting firm, selected by the Florida Association of

30  Court Clerks and the department, to audit and certify

31  


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 1  quarterly to the department all claims for expenditures

 2  submitted by the depositories for Title IV-D reimbursement.

 3         (g)  Upon termination of the contracts between the

 4  department and the Florida Association of Court Clerks or the

 5  depositories, the Florida Association of Court Clerks, its

 6  agents, and the depositories shall assist the department in

 7  making an orderly transition to a private vendor.

 8         (h)  Interest on late payment by the department shall

 9  be in accordance with s. 215.422.

10  

11  If either the department or the Florida Association of Court

12  Clerks objects to a term of the standard cooperative agreement

13  or contract specified in subsections (2) and (3), the disputed

14  term or terms shall be presented jointly by the parties to the

15  Attorney General or the Attorney General's designee, who shall

16  act as special magistrate master. The special magistrate

17  master shall resolve the dispute in writing within 10 days.

18  The resolution of a dispute by the special magistrate master

19  is binding on the department and the Florida Association of

20  Court Clerks.

21         Section 102.  Section 64.061, Florida Statutes, is

22  amended to read:

23         64.061  Partition of property; commissioners; special

24  magistrate master.--

25         (1)  APPOINTMENT AND REMOVAL.--When a judgment of

26  partition is made, the court shall appoint three suitable

27  persons as commissioners to make the partition.  They shall be

28  selected by the court unless agreed on by the parties. They

29  may be removed by the court for good cause and others

30  appointed in their places.

31  


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 1         (2)  POWERS, DUTIES, COMPENSATION AND REPORT OF

 2  COMMISSIONERS.--The commissioners shall be sworn to execute

 3  the trust imposed in them faithfully and impartially before

 4  entering on their duties; have power to employ a surveyor, if

 5  necessary, for the purpose of making partition; be allowed

 6  such sum as is reasonable for their services; to make

 7  partition of the lands in question according to the court's

 8  order and report it in writing to the court without delay.

 9         (3)  EXCEPTIONS TO REPORT AND FINAL JUDGMENT.--Any

10  party may file objections to the report of the commissioners

11  within 10 days after it is served.  If no objections are filed

12  or if the court is satisfied on hearing any such objections

13  that they are not well-founded, the report shall be confirmed,

14  and a final judgment entered vesting in the parties the title

15  to the parcels of the lands allotted to them respectively, and

16  giving each of them the possession of and quieting title to

17  their respective shares as against the other parties to the

18  action or those claiming through or under them.

19         (4)  APPOINTMENT OF SPECIAL MAGISTRATE MASTER WHERE

20  PROPERTY NOT SUBJECT TO PARTITION.--On an uncontested

21  allegation in a pleading that the property sought to be

22  partitioned is indivisible and is not subject to partition

23  without prejudice to the owners of it or if a judgment of

24  partition is entered and the court is satisfied that the

25  allegation is correct, on motion of any party and notice to

26  the others the court may appoint a special magistrate master

27  or the clerk to make sale of the property either at private

28  sale or as provided by s. 64.071.

29         Section 103.  Subsection (5) of section 65.061, Florida

30  Statutes, is amended to read:

31         65.061  Quieting title; additional remedy.--


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 1         (5)  RECORDING FINAL JUDGMENTS.--All final judgments

 2  may be recorded in the county or counties in which the land is

 3  situated and operate to vest title in like manner as though a

 4  conveyance were executed by a special magistrate master or

 5  commissioner.

 6         Section 104.  Section 69.051, Florida Statutes, is

 7  amended to read:

 8         69.051  General and special magistrates Masters in

 9  chancery; compensation.--General and special magistrates

10  appointed by the court Masters in chancery shall be allowed

11  such compensation for any services as the court deems

12  reasonable, including time consumed in legal research required

13  in preparing and summarizing their findings of fact and law.

14         Section 105.  Section 70.51, Florida Statutes, is

15  amended to read:

16         70.51  Land use and environmental dispute resolution.--

17         (1)  This section may be cited as the "Florida Land Use

18  and Environmental Dispute Resolution Act."

19         (2)  As used in this section, the term:

20         (a)  "Development order" means any order, or notice of

21  proposed state or regional governmental agency action, which

22  is or will have the effect of granting, denying, or granting

23  with conditions an application for a development permit, and

24  includes the rezoning of a specific parcel.  Actions by the

25  state or a local government on comprehensive plan amendments

26  are not development orders.

27         (b)  "Development permit" means any building permit,

28  zoning permit, subdivision approval, certification, special

29  exception, variance, or any other similar action of local

30  government, as well as any permit authorized to be issued

31  under state law by state, regional, or local government which


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 1  has the effect of authorizing the development of real property

 2  including, but not limited to, programs implementing chapters

 3  125, 161, 163, 166, 187, 258, 372, 373, 378, 380, and 403.

 4         (c)  "Special magistrate master" means a person

 5  selected by the parties to perform the duties prescribed in

 6  this section.  The special magistrate master must be a

 7  resident of the state and possess experience and expertise in

 8  mediation and at least one of the following disciplines and a

 9  working familiarity with the others: land use and

10  environmental permitting, land planning, land economics, local

11  and state government organization and powers, and the law

12  governing the same.

13         (d)  "Owner" means a person with a legal or equitable

14  interest in real property who filed an application for a

15  development permit for the property at the state, regional, or

16  local level and who received a development order, or who holds

17  legal title to real property that is subject to an enforcement

18  action of a governmental entity.

19         (e)  "Proposed use of the property" means the proposal

20  filed by the owner to develop his or her real property.

21         (f)  "Governmental entity" includes an agency of the

22  state, a regional or a local government created by the State

23  Constitution or by general or special act, any county or

24  municipality, or any other entity that independently exercises

25  governmental authority.  The term does not include the United

26  States or any of its agencies.

27         (g)  "Land" or "real property" means land and includes

28  any appurtenances and improvements to the land, including any

29  other relevant real property in which the owner had a relevant

30  interest.

31  


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 1         (3)  Any owner who believes that a development order,

 2  either separately or in conjunction with other development

 3  orders, or an enforcement action of a governmental entity, is

 4  unreasonable or unfairly burdens the use of the owner's real

 5  property, may apply within 30 days after receipt of the order

 6  or notice of the governmental action for relief under this

 7  section.

 8         (4)  To initiate a proceeding under this section, an

 9  owner must file a request for relief with the elected or

10  appointed head of the governmental entity that issued the

11  development order or orders, or that initiated the enforcement

12  action.  The head of the governmental entity may not charge

13  the owner for the request for relief and must forward the

14  request for relief to the special magistrate master who is

15  mutually agreed upon by the owner and the governmental entity

16  within 10 days after receipt of the request.

17         (5)  The governmental entity with whom a request has

18  been filed shall also serve a copy of the request for relief

19  by United States mail or by hand delivery to:

20         (a)  Owners of real property contiguous to the owner's

21  property at the address on the latest county tax roll.

22         (b)  Any substantially affected party who submitted

23  oral or written testimony, sworn or unsworn, of a substantive

24  nature which stated with particularity objections to or

25  support for any development order at issue or enforcement

26  action at issue.  Notice under this paragraph is required only

27  if that party indicated a desire to receive notice of any

28  subsequent special magistrate master proceedings occurring on

29  the development order or enforcement action. Each governmental

30  entity must maintain in its files relating to particular

31  development orders a mailing list of persons who have


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 1  presented oral or written testimony and who have requested

 2  notice.

 3         (6)  The request for relief must contain:

 4         (a)  A brief statement of the owner's proposed use of

 5  the property.

 6         (b)  A summary of the development order or description

 7  of the enforcement action.  A copy of the development order or

 8  the documentation of an enforcement action at issue must be

 9  attached to the request.

10         (c)  A brief statement of the impact of the development

11  order or enforcement action on the ability of the owner to

12  achieve the proposed use of the property.

13         (d)  A certificate of service showing the parties,

14  including the governmental entity, served.

15         (7)  The special magistrate master may require other

16  information in the interest of gaining a complete

17  understanding of the request for relief.

18         (8)  The special magistrate master may conduct a

19  hearing on whether the request for relief should be dismissed

20  for failing to include the information required in subsection

21  (6).  If the special magistrate master dismisses the case, the

22  special magistrate master shall allow the owner to amend the

23  request and refile.  Failure to file an adequate amended

24  request within the time specified shall result in a dismissal

25  with prejudice as to this proceeding.

26         (9)  By requesting relief under this section, the owner

27  consents to grant the special magistrate master and the

28  parties reasonable access to the real property with advance

29  notice at a time and in a manner acceptable to the owner of

30  the real property.

31  


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 1         (10)(a)  Before initiating a special magistrate master

 2  proceeding to review a local development order or local

 3  enforcement action, the owner must exhaust all nonjudicial

 4  local government administrative appeals if the appeals take no

 5  longer than 4 months.  Once nonjudicial local administrative

 6  appeals are exhausted and the development order or enforcement

 7  action is final, or within 4 months after issuance of the

 8  development order or notice of the enforcement action if the

 9  owner has pursued local administrative appeals even if the

10  appeals have not been concluded, the owner may initiate a

11  proceeding under this section.  Initiation of a proceeding

12  tolls the time for seeking judicial review of a local

13  government development order or enforcement action until the

14  special magistrate's master's recommendation is acted upon by

15  the local government. Election by the owner to file for

16  judicial review of a local government development order or

17  enforcement action prior to initiating a proceeding under this

18  section waives any right to a special magistrate master

19  proceeding.

20         (b)  If an owner requests special master relief under

21  this section from a development order or enforcement action

22  issued by a state or regional agency, the time for challenging

23  agency action under ss. 120.569 and 120.57 is tolled. If an

24  owner chooses to bring a proceeding under ss. 120.569 and

25  120.57 before initiating a special master proceeding under

26  this section, then the owner waives any right to a special

27  magistrate master proceeding unless all parties consent to

28  proceeding to mediation.

29         (11)  The initial party to the proceeding is the

30  governmental entity that issues the development order to the

31  owner or that is taking the enforcement action.  In those


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 1  instances when the development order or enforcement action is

 2  the culmination of a process involving more than one

 3  governmental entity or when a complete resolution of all

 4  relevant issues would require the active participation of more

 5  than one governmental entity, the special magistrate master

 6  may, upon application of a party, join those governmental

 7  entities as parties to the proceeding if it will assist in

 8  effecting the purposes of this section, and those governmental

 9  entities so joined shall actively participate in the

10  procedure.

11         (12)  Within 21 days after receipt of the request for

12  relief, any owner of land contiguous to the owner's property

13  and any substantially affected person who submitted oral or

14  written testimony, sworn or unsworn, of a substantive nature

15  which stated with particularity objections to or support for

16  the development order or enforcement action at issue may

17  request to participate in the proceeding.  Those persons may

18  be permitted to participate in the hearing but shall not be

19  granted party or intervenor status. The participation of such

20  persons is limited to addressing issues raised regarding

21  alternatives, variances, and other types of adjustment to the

22  development order or enforcement action which may impact their

23  substantial interests, including denial of the development

24  order or application of an enforcement action.

25         (13)  Each party must make efforts to assure that those

26  persons qualified by training or experience necessary to

27  address issues raised by the request or by the special

28  magistrate master and further qualified to address

29  alternatives, variances, and other types of modifications to

30  the development order or enforcement action are present at the

31  hearing.


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 1         (14)  The special magistrate master may subpoena any

 2  nonparty witnesses in the state whom the special magistrate

 3  master believes will aid in the disposition of the matter.

 4         (15)(a)  The special magistrate master shall hold a

 5  hearing within 45 days after his or her receipt of the request

 6  for relief unless a different date is agreed to by all the

 7  parties.  The hearing must be held in the county in which the

 8  property is located.

 9         (b)  The special magistrate master must provide notice

10  of the place, date, and time of the hearing to all parties and

11  any other persons who have requested such notice at least 40

12  days prior to the hearing.

13         (16)(a)  Fifteen days following the filing of a request

14  for relief, the governmental entity that issued the

15  development order or that is taking the enforcement action

16  shall file a response to the request for relief with the

17  special magistrate master together with a copy to the owner.

18  The response must set forth in reasonable detail the position

19  of the governmental entity regarding the matters alleged by

20  the owner.  The response must include a brief statement

21  explaining the public purpose of the regulations on which the

22  development order or enforcement action is based.

23         (b)  Any governmental entity that is added by the

24  special magistrate master as a party must file a response to

25  the request for relief prior to the hearing but not later than

26  15 days following its admission.

27         (c)  Any party may incorporate in the response to the

28  request for relief a request to be dropped from the

29  proceeding.  The request to be dropped must set forth facts

30  and circumstances relevant to aid the special magistrate

31  master in ruling on the request.  All requests to be dropped


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 1  must be disposed of prior to conducting any hearings on the

 2  merits of the request for relief.

 3         (17)  In all respects, the hearing must be informal and

 4  open to the public and does not require the use of an

 5  attorney.  The hearing must operate at the direction and under

 6  the supervision of the special magistrate master.  The object

 7  of the hearing is to focus attention on the impact of the

 8  governmental action giving rise to the request for relief and

 9  to explore alternatives to the development order or

10  enforcement action and other regulatory efforts by the

11  governmental entities in order to recommend relief, when

12  appropriate, to the owner.

13         (a)  The first responsibility of the special magistrate

14  master is to facilitate a resolution of the conflict between

15  the owner and governmental entities to the end that some

16  modification of the owner's proposed use of the property or

17  adjustment in the development order or enforcement action or

18  regulatory efforts by one or more of the governmental parties

19  may be reached. Accordingly, the special magistrate master

20  shall act as a facilitator or mediator between the parties in

21  an effort to effect a mutually acceptable solution.  The

22  parties shall be represented at the mediation by persons with

23  authority to bind their respective parties to a solution, or

24  by persons with authority to recommend a solution directly to

25  the persons with authority to bind their respective parties to

26  a solution.

27         (b)  If an acceptable solution is not reached by the

28  parties after the special magistrate's master's attempt at

29  mediation, the special magistrate master shall consider the

30  facts and circumstances set forth in the request for relief

31  and any responses and any other information produced at the


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 1  hearing in order to determine whether the action by the

 2  governmental entity or entities is unreasonable or unfairly

 3  burdens the real property.

 4         (c)  In conducting the hearing, the special magistrate

 5  master may hear from all parties and witnesses that are

 6  necessary to an understanding of the matter. The special

 7  magistrate master shall weigh all information offered at the

 8  hearing.

 9         (18)  The circumstances to be examined in determining

10  whether the development order or enforcement action, or the

11  development order or enforcement action in conjunction with

12  regulatory efforts of other governmental parties, is

13  unreasonable or unfairly burdens use of the property may

14  include, but are not limited to:

15         (a)  The history of the real property, including when

16  it was purchased, how much was purchased, where it is located,

17  the nature of the title, the composition of the property, and

18  how it was initially used.

19         (b)  The history or development and use of the real

20  property, including what was developed on the property and by

21  whom, if it was subdivided and how and to whom it was sold,

22  whether plats were filed or recorded, and whether

23  infrastructure and other public services or improvements may

24  have been dedicated to the public.

25         (c)  The history of environmental protection and land

26  use controls and other regulations, including how and when the

27  land was classified, how use was proscribed, and what changes

28  in classifications occurred.

29         (d)  The present nature and extent of the real

30  property, including its natural and altered characteristics.

31  


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 1         (e)  The reasonable expectations of the owner at the

 2  time of acquisition, or immediately prior to the

 3  implementation of the regulation at issue, whichever is later,

 4  under the regulations then in effect and under common law.

 5         (f)  The public purpose sought to be achieved by the

 6  development order or enforcement action, including the nature

 7  and magnitude of the problem addressed by the underlying

 8  regulations on which the development order or enforcement

 9  action is based; whether the development order or enforcement

10  action is necessary to the achievement of the public purpose;

11  and whether there are alternative development orders or

12  enforcement action conditions that would achieve the public

13  purpose and allow for reduced restrictions on the use of the

14  property.

15         (g)  Uses authorized for and restrictions placed on

16  similar property.

17         (h)  Any other information determined relevant by the

18  special magistrate master.

19         (19)  Within 14 days after the conclusion of the

20  hearing, the special magistrate master shall prepare and file

21  with all parties a written recommendation.

22         (a)  If the special magistrate master finds that the

23  development order at issue, or the development order or

24  enforcement action in combination with the actions or

25  regulations of other governmental entities, is not

26  unreasonable or does not unfairly burden the use of the

27  owner's property, the special magistrate master must recommend

28  that the development order or enforcement action remain

29  undisturbed and the proceeding shall end, subject to the

30  owner's retention of all other available remedies.

31  


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 1         (b)  If the special magistrate master finds that the

 2  development order or enforcement action, or the development

 3  order or enforcement action in combination with the actions or

 4  regulations of other governmental entities, is unreasonable or

 5  unfairly burdens use of the owner's property, the special

 6  magistrate master, with the owner's consent to proceed, may

 7  recommend one or more alternatives that protect the public

 8  interest served by the development order or enforcement action

 9  and regulations at issue but allow for reduced restraints on

10  the use of the owner's real property, including, but not

11  limited to:

12         1.  An adjustment of land development or permit

13  standards or other provisions controlling the development or

14  use of land.

15         2.  Increases or modifications in the density,

16  intensity, or use of areas of development.

17         3.  The transfer of development rights.

18         4.  Land swaps or exchanges.

19         5.  Mitigation, including payments in lieu of onsite

20  mitigation.

21         6.  Location on the least sensitive portion of the

22  property.

23         7.  Conditioning the amount of development or use

24  permitted.

25         8.  A requirement that issues be addressed on a more

26  comprehensive basis than a single proposed use or development.

27         9.  Issuance of the development order, a variance,

28  special exception, or other extraordinary relief, including

29  withdrawal of the enforcement action.

30         10.  Purchase of the real property, or an interest

31  therein, by an appropriate governmental entity.


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 1         (c)  This subsection does not prohibit the owner and

 2  governmental entity from entering in to an agreement as to the

 3  permissible use of the property prior to the special

 4  magistrate master entering a recommendation.  An agreement for

 5  a permissible use must be incorporated in the special

 6  magistrate's master's recommendation.

 7         (20)  The special magistrate's master's recommendation

 8  is a public record under chapter 119.  However, actions or

 9  statements of all participants to the special magistrate

10  master proceeding are evidence of an offer to compromise and

11  inadmissible in any proceeding, judicial or administrative.

12         (21)  Within 45 days after receipt of the special

13  magistrate's master's recommendation, the governmental entity

14  responsible for the development order or enforcement action

15  and other governmental entities participating in the

16  proceeding must consult among themselves and each governmental

17  entity must:

18         (a)  Accept the recommendation of the special

19  magistrate master as submitted and proceed to implement it by

20  development agreement, when appropriate, or by other method,

21  in the ordinary course and consistent with the rules and

22  procedures of that governmental entity.  However, the decision

23  of the governmental entity to accept the recommendation of the

24  special magistrate master with respect to granting a

25  modification, variance, or special exception to the

26  application of statutes, rules, regulations, or ordinances as

27  they would otherwise apply to the subject property does not

28  require an owner to duplicate previous processes in which the

29  owner has participated in order to effectuate the granting of

30  the modification, variance, or special exception;

31  


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 1         (b)  Modify the recommendation as submitted by the

 2  special magistrate master and proceed to implement it by

 3  development agreement, when appropriate, or by other method,

 4  in the ordinary course and consistent with the rules and

 5  procedures of that governmental entity; or

 6         (c)  Reject the recommendation as submitted by the

 7  special magistrate master. Failure to act within 45 days is a

 8  rejection unless the period is extended by agreement of the

 9  owner and issuer of the development order or enforcement

10  action.

11         (22)  If a governmental entity accepts the special

12  magistrate's master's recommendation or modifies it and the

13  owner rejects the acceptance or modification, or if a

14  governmental entity rejects the special magistrate's master's

15  recommendation, the governmental entity must issue a written

16  decision within 30 days that describes as specifically as

17  possible the use or uses available to the subject real

18  property.

19         (23)  The procedure established by this section may not

20  continue longer than 165 days, unless the period is extended

21  by agreement of the parties.  A decision describing available

22  uses constitutes the last prerequisite to judicial action and

23  the matter is ripe or final for subsequent judicial

24  proceedings unless the owner initiates a proceeding under ss.

25  120.569 and 120.57. If the owner brings a proceeding under ss.

26  120.569 and 120.57, the matter is ripe when the proceeding

27  culminates in a final order whether further appeal is

28  available or not.

29         (24)  The procedure created by this section is not

30  itself, nor does it create, a judicial cause of action.  Once

31  the governmental entity acts on the special magistrate's


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 1  master's recommendation, the owner may elect to file suit in a

 2  court of competent jurisdiction. Invoking the procedures of

 3  this section is not a condition precedent to filing a civil

 4  action.

 5         (25)  Regardless of the action the governmental entity

 6  takes on the special magistrate's master's recommendation, a

 7  recommendation that the development order or enforcement

 8  action, or the development order or enforcement action in

 9  combination with other governmental regulatory actions, is

10  unreasonable or unfairly burdens use of the owner's real

11  property may serve as an indication of sufficient hardship to

12  support modification, variances, or special exceptions to the

13  application of statutes, rules, regulations, or ordinances to

14  the subject property.

15         (26)  A special magistrate's master's recommendation

16  under this section constitutes data in support of, and a

17  support document for, a comprehensive plan or comprehensive

18  plan amendment, but is not, in and of itself, dispositive of a

19  determination of compliance with chapter 163.  Any

20  comprehensive plan amendment necessary to carry out the

21  approved recommendation of a special magistrate master under

22  this section is exempt from the twice-a-year limit on plan

23  amendments and may be adopted by the local government

24  amendments in s. 163.3184(16)(d).

25         (27)  The special magistrate master shall send a copy

26  of the recommendation in each case to the Department of Legal

27  Affairs. Each governmental entity, within 15 days after its

28  action on the special magistrate's master's recommendation,

29  shall notify the Department of Legal Affairs in writing as to

30  what action the governmental entity took on the special

31  magistrate's master's recommendation.


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 1         (28)  Each governmental entity may establish procedural

 2  guidelines to govern the conduct of proceedings authorized by

 3  this section, which must include, but are not limited to,

 4  payment of special magistrate master fees and expenses,

 5  including the costs of providing notice and effecting service

 6  of the request for relief under this section, which shall be

 7  borne equally by the governmental entities and the owner.

 8         (29)  This section shall be liberally construed to

 9  effect fully its obvious purposes and intent, and governmental

10  entities shall direct all available resources and authorities

11  to effect fully the obvious purposes and intent of this

12  section in resolving disputes.  Governmental entities are

13  encouraged to expedite notice and time-related provisions to

14  implement resolution of disputes under this section.  The

15  procedure established by this section may be used to resolve

16  disputes in pending judicial proceedings, with the agreement

17  of the parties to the judicial proceedings, and subject to the

18  approval of the court in which the judicial proceedings are

19  pending.  The provisions of this section are cumulative, and

20  do not supplant other methods agreed to by the parties and

21  lawfully available for arbitration, mediation, or other forms

22  of alternative dispute resolution.

23         (30)  This section applies only to development orders

24  issued, modified, or amended, or to enforcement actions

25  issued, on or after October 1, 1995.

26         Section 106.  Subsection (1) of section 92.142, Florida

27  Statutes, is amended to read:

28         92.142  Witnesses; pay.--

29         (1)  Witnesses in all cases, civil and criminal, in all

30  courts, now or hereafter created, and witnesses summoned

31  before any arbitrator or general or special magistrate


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 1  appointed by the court master in chancery shall receive for

 2  each day's actual attendance $5 and also 6 cents per mile for

 3  actual distance traveled to and from the courts.  A witness in

 4  a criminal case required to appear in a county other than the

 5  county of his or her residence and residing more than 50 miles

 6  from the location of the trial shall be entitled to per diem

 7  and travel expenses at the same rate provided for state

 8  employees under s. 112.061, in lieu of any other witness fee

 9  at the discretion of the court.

10         Section 107.  Section 112.41, Florida Statutes, is

11  amended to read:

12         112.41  Contents of order of suspension; Senate select

13  committee; special magistrate examiner.--

14         (1)  The order of the Governor, in suspending any

15  officer pursuant to the provisions of  s. 7, Art. IV of the

16  State Constitution, shall specify facts sufficient to advise

17  both the officer and the Senate as to the charges made or the

18  basis of the suspension.

19         (2)  The Senate shall conduct a hearing in the manner

20  prescribed by rules of the Senate adopted for this purpose.

21         (3)  The Senate may provide for a select committee to

22  be appointed by the Senate in accordance with its rules for

23  the purpose of hearing the evidence and making its

24  recommendation to the Senate as to the removal or

25  reinstatement of the suspended officer.

26         (4)  The Senate may, in lieu of the use of a select

27  committee, appoint a special examiner or a special magistrate

28  master to receive the evidence and make recommendations to the

29  Senate.

30         Section 108.  Section 112.43, Florida Statutes, is

31  amended to read:


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 1         112.43  Prosecution of suspension before Senate.--All

 2  suspensions heard by the Senate, a select committee, or

 3  special magistrate master, or examiner in accordance with

 4  rules of the Senate shall be prosecuted by the Governor, the

 5  Governor's legal staff, or an attorney designated by the

 6  Governor.  Should the Senate, or the select committee

 7  appointed by the Senate to hear the evidence and to make

 8  recommendations, desire private counsel, either the Senate or

 9  the select committee shall be entitled to employ its own

10  counsel for this purpose.  Nothing herein shall prevent the

11  Senate or its select committee from making its own

12  investigation and presenting such evidence as its

13  investigation may reveal.  The Governor may request the advice

14  of the Department of Legal Affairs relative to the suspension

15  order prior to its issuance by the Governor. Following the

16  issuance of the suspension order, either the Senate or the

17  select committee may request the Department of Legal Affairs

18  to provide counsel for the Senate to advise on questions of

19  law or otherwise advise with the Senate or the select

20  committee, but the Department of Legal Affairs shall not be

21  required to prosecute before the Senate or the committee and

22  shall, pursuant to the terms of this section, act as the legal

23  adviser only.

24         Section 109.  Section 112.47, Florida Statutes, is

25  amended to read:

26         112.47  Hearing before Senate select committee;

27  notice.--The Senate shall afford each suspended official a

28  hearing before a select committee or special magistrate,

29  master, or examiner, and shall notify such suspended official

30  of the time and place of the hearing sufficiently in advance

31  thereof to afford such official an opportunity fully and


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 1  adequately to prepare such defenses as the official may be

 2  advised are necessary and proper, and all such defenses may be

 3  presented by the official or by the official's attorney.  In

 4  the furtherance of this provision the Senate shall adopt

 5  sufficient procedural rules to afford due process both to the

 6  Governor in the presentation of his or her evidence and to the

 7  suspended official, but in the absence of such adoption, this

 8  section shall afford a full and complete hearing, public in

 9  nature, as required by the State Constitution.  However,

10  nothing in this part shall prevent either the select committee

11  or the Senate from conducting portions of the hearing in

12  executive session if the Senate rules so provide.

13         Section 110.  Subsection (2) of section 162.03, Florida

14  Statutes, is amended to read:

15         162.03  Applicability.--

16         (2)  A charter county, a noncharter county, or a

17  municipality may, by ordinance, adopt an alternate code

18  enforcement system that which gives code enforcement boards or

19  special magistrates masters designated by the local governing

20  body, or both, the authority to hold hearings and assess fines

21  against violators of the respective county or municipal codes

22  and ordinances. A special magistrate master shall have the

23  same status as an enforcement board under this chapter.

24  References in this chapter to an enforcement board, except in

25  s. 162.05, shall include a special magistrate master if the

26  context permits.

27         Section 111.  Subsection (5) of section 162.06, Florida

28  Statutes, is amended to read:

29         162.06  Enforcement procedure.--

30         (5)  If the owner of property that which is subject to

31  an enforcement proceeding before an enforcement board, special


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 1  magistrate master, or court transfers ownership of such

 2  property between the time the initial pleading was served and

 3  the time of the hearing, such owner shall:

 4         (a)  Disclose, in writing, the existence and the nature

 5  of the proceeding to the prospective transferee.

 6         (b)  Deliver to the prospective transferee a copy of

 7  the pleadings, notices, and other materials relating to the

 8  code enforcement proceeding received by the transferor.

 9         (c)  Disclose, in writing, to the prospective

10  transferee that the new owner will be responsible for

11  compliance with the applicable code and with orders issued in

12  the code enforcement proceeding.

13         (d)  File a notice with the code enforcement official

14  of the transfer of the property, with the identity and address

15  of the new owner and copies of the disclosures made to the new

16  owner, within 5 days after the date of the transfer.

17  

18  A failure to make the disclosures described in paragraphs (a),

19  (b), and (c) before the transfer creates a rebuttable

20  presumption of fraud. If the property is transferred before

21  the hearing, the proceeding shall not be dismissed, but the

22  new owner shall be provided a reasonable period of time to

23  correct the violation before the hearing is held.

24         Section 112.  Paragraph (d) of subsection (2) of

25  section 162.09, Florida Statutes, is amended to read:

26         162.09  Administrative fines; costs of repair; liens.--

27         (2)

28         (d)  A county or a municipality having a population

29  equal to or greater than 50,000 may adopt, by a vote of at

30  least a majority plus one of the entire governing body of the

31  county or municipality, an ordinance that gives code


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 1  enforcement boards or special magistrates masters, or both,

 2  authority to impose fines in excess of the limits set forth in

 3  paragraph (a).  Such fines shall not exceed $1,000 per day per

 4  violation for a first violation, $5,000 per day per violation

 5  for a repeat violation, and up to $15,000 per violation if the

 6  code enforcement board or special magistrate master finds the

 7  violation to be irreparable or irreversible in nature.  In

 8  addition to such fines, a code enforcement board or special

 9  magistrate master may impose additional fines to cover all

10  costs incurred by the local government in enforcing its codes

11  and all costs of repairs pursuant to subsection (1).  Any

12  ordinance imposing such fines shall include criteria to be

13  considered by the code enforcement board or special magistrate

14  master in determining the amount of the fines, including, but

15  not limited to, those factors set forth in paragraph (b).

16         Section 113.  Section 173.09, Florida Statutes, is

17  amended to read:

18         173.09  Judgment for complainant; special magistrate's

19  master's sale; complainant may purchase and later sell.--

20         (1)  Any such decree shall direct the special

21  magistrate master thereby appointed to sell the several

22  parcels of land separately to the highest and best bidder for

23  cash (or, at the option of complainant, to the extent of

24  special assessments included in such judgment, for bonds or

25  interest coupons issued by complainant), at public outcry at

26  the courthouse door of the county in which such suit is

27  pending, or at such point or place in the complainant

28  municipality as the court in such final decree may direct,

29  after having advertised such sale (which advertisement may

30  include all lands so ordered sold) once each week for 2

31  consecutive weeks in some newspaper published in the


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 1  municipality city or town in which is the complainant arose

 2  or, if there is no such newspaper, in a newspaper published in

 3  the county in which the suit is pending, and if all the lands

 4  so advertised for sale be not sold on the day specified in

 5  such advertisement, such sale shall be continued from day to

 6  day until the sale of all such land is completed.

 7         (2)  Such sales shall be subject to confirmation by the

 8  court, and the said special magistrate master shall, upon

 9  confirmation of the sale or sales, deliver to the purchaser or

10  purchasers at said sale a deed of conveyance of the property

11  so sold; provided, however, that in any case where any lands

12  are offered for sale by the special magistrate master and the

13  sum of the tax, tax certificates and special assessments,

14  interest, penalty, costs, and attorney's fee is not bid for

15  the same, the complainant may bid the whole amount due and the

16  special magistrate master shall thereupon convey such parcel

17  or parcels of land to the complainant.

18         (3)  The property so bid in by complainant shall become

19  its property in fee simple and may be disposed of by it in the

20  manner provided by law, except that in the sale or disposition

21  of any such lands the municipality city or town may, in its

22  discretion, accept in payment or part payment therefor any

23  bonds or interest coupons constituting liabilities of the

24  municipality said city or town.

25         Section 114.  Section 173.10, Florida Statutes, is

26  amended to read:

27         173.10  Judgment for complainant; court may order

28  payment of other taxes or sale subject to taxes; special

29  magistrate's master's conveyances.--

30         (1)  In the judgment or decree the court may, in its

31  discretion, direct the payment of all unpaid state and county


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 1  taxes and also all unpaid municipal city or town taxes and

 2  special assessments or installments thereof, imposed or

 3  falling due since the institution of the suit, with the

 4  penalties and costs, out of the proceeds of such foreclosure

 5  sale, or it may order and direct such sale or sales to be made

 6  subject to such state, and county, and municipal city or town

 7  taxes and special assessments.

 8         (2)  Any and all conveyances by the special magistrate

 9  master shall vest in the purchaser the fee simple title to the

10  property so sold, subject only to such liens for state and

11  county taxes or taxing districts whose liens are of equal

12  dignity, and liens for municipal taxes and special

13  assessments, or installments thereof, as are not directed by

14  the decree of sale to be paid out of the proceeds of said

15  sale.

16         Section 115.  Section 173.11, Florida Statutes, is

17  amended to read:

18         173.11  Distribution of proceeds of sale.--The proceeds

19  of any foreclosure sale authorized by this chapter shall be

20  distributed by the special magistrate master conducting the

21  sale according to the final decree, and if any surplus remains

22  after the payment of the full amount of the decree, costs and

23  attorney's fees, and any subsequent tax liens that which may

24  be directed by such decree to be paid from the proceeds of

25  sale, such surplus shall be deposited with the clerk of the

26  court and disbursed under order of the court.

27         Section 116.  Section 173.12, Florida Statutes, is

28  amended to read:

29         173.12  Lands may be redeemed prior to sale.--Any

30  person interested in any lands included in the suit may redeem

31  such lands at any time prior to the sale thereof by the


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 1  special magistrate master by paying into the registry of the

 2  court the amount due for delinquent taxes, interest and

 3  penalties thereon, and such proportionate part of the expense,

 4  attorney's fees, and costs of suit as may have been fixed by

 5  the court in its decree of sale, or by written stipulation of

 6  complainant, and thereupon such lands shall be dismissed from

 7  the cause.

 8         Section 117.  Subsection (1) of section 194.013,

 9  Florida Statutes, is amended to read:

10         194.013  Filing fees for petitions; disposition;

11  waiver.--

12         (1)  If so required by resolution of the value

13  adjustment board, a petition filed pursuant to s. 194.011

14  shall be accompanied by a filing fee to be paid to the clerk

15  of the value adjustment board in an amount determined by the

16  board not to exceed $15 for each separate parcel of property,

17  real or personal, covered by the petition and subject to

18  appeal. However, no such filing fee may be required with

19  respect to an appeal from the disapproval of homestead

20  exemption under s. 196.151 or from the denial of tax deferral

21  under s. 197.253.  Only a single filing fee shall be charged

22  under this section as to any particular parcel of property

23  despite the existence of multiple issues and hearings

24  pertaining to such parcel.  For joint petitions filed pursuant

25  to s. 194.011(3)(e) or (f), a single filing fee shall be

26  charged. Such fee shall be calculated as the cost of the

27  special magistrate master for the time involved in hearing the

28  joint petition and shall not exceed $5 per parcel.  Said fee

29  is to be proportionately paid by affected parcel owners.

30  

31  


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 1         Section 118.  Paragraph (d) of subsection (1) and

 2  subsections (2) and (6) of section 194.034, Florida Statutes,

 3  are amended to read:

 4         194.034  Hearing procedures; rules.--

 5         (1)

 6         (d)  Notwithstanding the provisions of this subsection,

 7  no petitioner may present for consideration, nor may a board

 8  or special magistrate master accept for consideration,

 9  testimony or other evidentiary materials that were requested

10  of the petitioner in writing by the property appraiser of

11  which the petitioner had knowledge and denied to the property

12  appraiser.

13         (2)  In each case, except when a complaint is withdrawn

14  by the petitioner or is acknowledged as correct by the

15  property appraiser, the value adjustment board shall render a

16  written decision.  All such decisions shall be issued within

17  20 calendar days after of the last day the board is in session

18  under s. 194.032.  The decision of the board shall contain

19  findings of fact and conclusions of law and shall include

20  reasons for upholding or overturning the determination of the

21  property appraiser.  When a special magistrate master has been

22  appointed, the recommendations of the special magistrate

23  master shall be considered by the board.  The clerk, upon

24  issuance of the decisions, shall, on a form provided by the

25  Department of Revenue, notify by first-class mail each

26  taxpayer, the property appraiser, and the department of the

27  decision of the board.

28         (6)  For purposes of hearing joint petitions filed

29  pursuant to s. 194.011(3)(e), each included parcel shall be

30  considered by the board as a separate petition.  Such separate

31  petitions shall be heard consecutively by the board.  If a


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 1  special magistrate master is appointed, such separate

 2  petitions shall all be assigned to the same special magistrate

 3  master.

 4         Section 119.  Section 194.035, Florida Statutes, is

 5  amended to read:

 6         194.035  Special magistrates masters; property

 7  evaluators.--

 8         (1)  In counties having a population of more than

 9  75,000, the board shall appoint special magistrates masters

10  for the purpose of taking testimony and making recommendations

11  to the board, which recommendations the board may act upon

12  without further hearing. These Such special magistrates

13  masters may not be elected or appointed officials or employees

14  of the county but shall be selected from a list of those

15  qualified individuals who are willing to serve as special

16  magistrates masters. Employees and elected or appointed

17  officials of a taxing jurisdiction or of the state may not

18  serve as special magistrates masters. The clerk of the board

19  shall annually notify such individuals or their professional

20  associations to make known to them that opportunities to serve

21  as special magistrates masters exist. The Department of

22  Revenue shall provide a list of qualified special magistrates

23  masters to any county with a population of 75,000 or less.

24  Subject to appropriation, the department shall reimburse

25  counties with a population of 75,000 or less for payments made

26  to special magistrates masters appointed for the purpose of

27  taking testimony and making recommendations to the value

28  adjustment board pursuant to this section. The department

29  shall establish a reasonable range for payments per case to

30  special magistrates masters based on such payments in other

31  counties. Requests for reimbursement of payments outside this


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 1  range shall be justified by the county. If the total of all

 2  requests for reimbursement in any year exceeds the amount

 3  available pursuant to this section, payments to all counties

 4  shall be prorated accordingly. A special magistrate master

 5  appointed to hear issues of exemptions and classifications

 6  shall be a member of The Florida Bar with no less than 5

 7  years' experience in the area of ad valorem taxation. A

 8  special magistrate master appointed to hear issues regarding

 9  the valuation of real estate shall be a state certified real

10  estate appraiser with not less than 5 years' experience in

11  real property valuation. A special magistrate master appointed

12  to hear issues regarding the valuation of tangible personal

13  property shall be a designated member of a nationally

14  recognized appraiser's organization with not less than 5

15  years' experience in tangible personal property valuation. A

16  special magistrate master need not be a resident of the county

17  in which he or she serves. A No special magistrate may not

18  master shall be permitted to represent a person before the

19  board in any tax year during which he or she has served that

20  board as a special magistrate master. The board shall appoint

21  special magistrates such masters from the list so compiled

22  prior to convening of the board. The expense of hearings

23  before magistrates masters and any compensation of special

24  magistrates masters shall be borne three-fifths by the board

25  of county commissioners and two-fifths by the school board.

26         (2)  The value adjustment board of each county may

27  employ qualified property appraisers or evaluators to appear

28  before the value adjustment board at that meeting of the board

29  which is held for the purpose of hearing complaints. Such

30  property appraisers or evaluators shall present testimony as

31  to the just value of any property the value of which is


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 1  contested before the board and shall submit to examination by

 2  the board, the taxpayer, and the property appraiser.

 3         Section 120.  Section 206.16, Florida Statutes, is

 4  amended to read:

 5         206.16  Officer selling property.--

 6         (1)  No sheriff, receiver, assignee, general or special

 7  magistrate master, or other officer shall sell the property or

 8  franchise of any person for failure to pay fuel taxes,

 9  penalties, or interest without first filing with the

10  department a statement containing the following information:

11         (a)  The name of the plaintiff or party at whose

12  instance or upon whose account the sale is made;

13         (b)  The name of the person whose property or franchise

14  is to be sold;

15         (c)  The time and place of sale; and

16         (d)  The nature of the property and the location of the

17  same.

18         (2)  The department, after receiving notice as

19  aforesaid, shall furnish to the sheriff, receiver, trustee,

20  assignee, general or special magistrate master, or other

21  officer having charge of the sale a certified copy or copies

22  of all fuel taxes, penalties, and interest on file in the

23  office of the department as liens against such person, and, in

24  the event there are no such liens, a certificate showing that

25  fact, which certified copies or copy of certificate shall be

26  publicly read by such officer at and immediately before the

27  sale of the property or franchise of such person.

28         Section 121.  Section 207.016, Florida Statutes, is

29  amended to read:

30         207.016  Officer's sale of property or franchise.--

31  


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 1         (1)  No sheriff, receiver, assignee, general or special

 2  magistrate master, or other officer shall sell the property or

 3  franchise of any person for failure to pay taxes, penalties,

 4  or interest without first filing with the department a

 5  statement containing the following information:

 6         (a)  The name of the plaintiff or party at whose

 7  instance or upon whose account the sale is made.

 8         (b)  The name of the person whose property or franchise

 9  is to be sold.

10         (c)  The time and place of sale.

11         (d)  The nature of the property and the location of the

12  same.

13         (2)  The department, after receiving notice as provided

14  in subsection (1), shall furnish to the sheriff, receiver,

15  trustee, assignee, general or special magistrate master, or

16  other officer having charge of the sale a certified copy or

17  copies of all taxes, penalties, and interest on file in the

18  office of the department as liens against such person and, in

19  the event there are no such liens, a certificate showing that

20  fact, which certified copy or copies of certificate shall be

21  publicly read by such officer at and immediately before the

22  sale of the property or franchise of such person.

23         Section 122.  Section 320.411, Florida Statutes, is

24  amended to read:

25         320.411  Officer's sale of property or franchise.--

26         (1)  No sheriff, receiver, assignee, general or special

27  magistrate master, or other officer shall sell the property or

28  franchise of any motor carrier for failure to pay taxes,

29  penalties, or interest without first filing with the

30  department a statement containing the following information:

31  


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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 motor carrier whose property or

 4  franchise is to be sold.

 5         (c)  The time and place of sale.

 6         (d)  The nature of the property and the location of the

 7  same.

 8         (2)  The department, after receiving notice as provided

 9  in subsection (1), shall furnish to the sheriff, receiver,

10  trustee, assignee, general or special magistrate master, or

11  other officer having charge of the sale a certified copy of

12  all taxes, penalties, and interest on file in the office of

13  the department as liens against such motor carrier and, in the

14  event there are no such liens, a certificate showing that

15  fact, which certified copy or copies of certificate shall be

16  publicly read by such officer at and immediately before the

17  sale of the property or franchise of such motor carrier.

18         Section 123.  Subsection (7) of section 393.11, Florida

19  Statutes, is amended to read:

20         393.11  Involuntary admission to residential

21  services.--

22         (7)  HEARING.--

23         (a)  The hearing for involuntary admission shall be

24  conducted, and the order shall be entered, in the county in

25  which the person is residing or be as convenient to the person

26  as may be consistent with orderly procedure. The hearing shall

27  be conducted in a physical setting not likely to be injurious

28  to the person's condition.

29         (b)  A hearing on the petition shall be held as soon as

30  practicable after the petition is filed, but reasonable delay

31  


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 1  for the purpose of investigation, discovery, or procuring

 2  counsel or witnesses shall be granted.

 3         (c)  The court may appoint a general or special

 4  magistrate master to preside.  Except as otherwise specified,

 5  the magistrate's master's proceeding shall be governed by Rule

 6  1.490, Florida Rules of Civil Procedure.

 7         (d)  The person with mental retardation shall be

 8  physically present throughout the entire proceeding.  If the

 9  person's attorney believes that the person's presence at the

10  hearing is not in the person's best interest, the person's

11  presence may be waived once the court has seen the person and

12  the hearing has commenced.

13         (e)  The person shall have the right to present

14  evidence and to cross-examine all witnesses and other evidence

15  alleging the appropriateness of the person's admission to

16  residential care. Other relevant and material evidence

17  regarding the appropriateness of the person's admission to

18  residential services; the most appropriate, least restrictive

19  residential placement; and the appropriate care, treatment,

20  and habilitation of the person, including written or oral

21  reports, may be introduced at the hearing by any interested

22  person.

23         (f)  The petitioning commission may be represented by

24  counsel at the hearing.  The petitioning commission shall have

25  the right to call witnesses, present evidence, cross-examine

26  witnesses, and present argument on behalf of the petitioning

27  commission.

28         (g)  All evidence shall be presented according to

29  chapter 90.  The burden of proof shall be on the party

30  alleging the appropriateness of the person's admission to

31  


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 1  residential services. The burden of proof shall be by clear

 2  and convincing evidence.

 3         (h)  All stages of each proceeding shall be

 4  stenographically reported.

 5         Section 124.  Subsections (6) and (7) of section

 6  394.467, Florida Statutes, are amended to read:

 7         394.467  Involuntary placement.--

 8         (6)  HEARING ON INVOLUNTARY PLACEMENT.--

 9         (a)1.  The court shall hold the hearing on involuntary

10  placement within 5 days, unless a continuance is granted.  The

11  hearing shall be held in the county where the patient is

12  located and shall be as convenient to the patient as may be

13  consistent with orderly procedure and shall be conducted in

14  physical settings not likely to be injurious to the patient's

15  condition.  If the court finds that the patient's attendance

16  at the hearing is not consistent with the best interests of

17  the patient, and the patient's counsel does not object, the

18  court may waive the presence of the patient from all or any

19  portion of the hearing.  The state attorney for the circuit in

20  which the patient is located shall represent the state, rather

21  than the petitioning facility administrator, as the real party

22  in interest in the proceeding.

23         2.  The court may appoint a general or special

24  magistrate master to preside at the hearing. One of the

25  professionals who executed the involuntary placement

26  certificate shall be a witness.  The patient and the patient's

27  guardian or representative shall be informed by the court of

28  the right to an independent expert examination.  If the

29  patient cannot afford such an examination, the court shall

30  provide for one. The independent expert's report shall be

31  confidential and not discoverable, unless the expert is to be


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 1  called as a witness for the patient at the hearing. The

 2  testimony in the hearing must be given under oath, and the

 3  proceedings must be recorded. The patient may refuse to

 4  testify at the hearing.

 5         (b)  If the court concludes that the patient meets the

 6  criteria for involuntary placement, it shall order that the

 7  patient be transferred to a treatment facility or, if the

 8  patient is at a treatment facility, that the patient be

 9  retained there or be treated at any other appropriate

10  receiving or treatment facility, or that the patient receive

11  services from a receiving or treatment facility, on an

12  involuntary basis, for a period of up to 6 months. The order

13  shall specify the nature and extent of the patient's mental

14  illness. The facility shall discharge a patient any time the

15  patient no longer meets the criteria for involuntary

16  placement, unless the patient has transferred to voluntary

17  status.

18         (c)  If at any time prior to the conclusion of the

19  hearing on involuntary placement it appears to the court that

20  the person does not meet the criteria for involuntary

21  placement under this chapter, but instead meets the criteria

22  for involuntary assessment, protective custody, or involuntary

23  admission pursuant to s. 397.675, then the court may order the

24  person to be admitted for involuntary assessment for a period

25  of 5 days pursuant to s. 397.6811.  Thereafter, all

26  proceedings shall be governed by chapter 397.

27         (d)  At the hearing on involuntary placement, the court

28  shall consider testimony and evidence regarding the patient's

29  competence to consent to treatment.  If the court finds that

30  the patient is incompetent to consent to treatment, it shall

31  appoint a guardian advocate as provided in s. 394.4598.


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 1         (e)  The administrator of the receiving facility shall

 2  provide a copy of the court order and adequate documentation

 3  of a patient's mental illness to the administrator of a

 4  treatment facility whenever a patient is ordered for

 5  involuntary placement, whether by civil or criminal court.

 6  Such documentation shall include any advance directives made

 7  by the patient, a psychiatric evaluation of the patient, and

 8  any evaluations of the patient performed by a clinical

 9  psychologist or a clinical social worker. The administrator of

10  a treatment facility may refuse admission to any patient

11  directed to its facilities on an involuntary basis, whether by

12  civil or criminal court order, who is not accompanied at the

13  same time by adequate orders and documentation.

14         (7)  PROCEDURE FOR CONTINUED INVOLUNTARY PLACEMENT.--

15         (a)  Hearings on petitions for continued involuntary

16  placement shall be administrative hearings and shall be

17  conducted in accordance with the provisions of s. 120.57(1),

18  except that any order entered by the administrative law judge

19  hearing officer shall be final and subject to judicial review

20  in accordance with s. 120.68.  Orders concerning patients

21  committed after successfully pleading not guilty by reason of

22  insanity shall be governed by the provisions of s. 916.15.

23         (b)  If the patient continues to meet the criteria for

24  involuntary placement, the administrator shall, prior to the

25  expiration of the period during which the treatment facility

26  is authorized to retain the patient, file a petition

27  requesting authorization for continued involuntary placement.

28  The request shall be accompanied by a statement from the

29  patient's physician or clinical psychologist justifying the

30  request, a brief description of the patient's treatment during

31  the time he or she was involuntarily placed, and an


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 1  individualized plan of continued treatment.  Notice of the

 2  hearing shall be provided as set forth in s. 394.4599. If at

 3  the hearing the administrative law judge hearing officer finds

 4  that attendance at the hearing is not consistent with the best

 5  interests of the patient, the administrative law judge hearing

 6  officer may waive the presence of the patient from all or any

 7  portion of the hearing, unless the patient, through counsel,

 8  objects to the waiver of presence.  The testimony in the

 9  hearing must be under oath, and the proceedings must be

10  recorded.

11         (c)  Unless the patient is otherwise represented or is

12  ineligible, he or she shall be represented at the hearing on

13  the petition for continued involuntary placement by the public

14  defender of the circuit in which the facility is located.

15         (d)  If at a hearing it is shown that the patient

16  continues to meet the criteria for involuntary placement, the

17  administrative law judge shall sign the order for continued

18  involuntary placement for a period not to exceed 6 months.

19  The same procedure shall be repeated prior to the expiration

20  of each additional period the patient is retained.

21         (e)  If continued involuntary placement is necessary

22  for a patient admitted while serving a criminal sentence, but

23  whose sentence is about to expire, or for a patient

24  involuntarily placed while a minor but who is about to reach

25  the age of 18, the administrator shall petition the

26  administrative law judge for an order authorizing continued

27  involuntary placement.

28         (f)  If the patient has been previously found

29  incompetent to consent to treatment, the administrative law

30  judge hearing officer shall consider testimony and evidence

31  regarding the patient's competence.  If the administrative law


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 1  judge hearing officer finds evidence that the patient is now

 2  competent to consent to treatment, the administrative law

 3  judge hearing officer may issue a recommended order to the

 4  court that found the patient incompetent to consent to

 5  treatment that the patient's competence be restored and that

 6  any guardian advocate previously appointed be discharged.

 7         Section 125.  Subsection (7) of section 397.311,

 8  Florida Statutes, is amended to read:

 9         397.311  Definitions.--As used in this chapter, except

10  part VIII:

11         (7)  "Court" means, with respect to all involuntary

12  proceedings under this chapter, the circuit court of the

13  county in which the judicial proceeding is pending or where

14  the substance abuse impaired person resides or is located, and

15  includes any general or special magistrate master that may be

16  appointed by the chief judge to preside over all or part of

17  such proceeding. Otherwise, "court" refers to the court of

18  legal jurisdiction in the context in which the term is used in

19  this chapter.

20         Section 126.  Subsection (1) of section 397.681,

21  Florida Statutes, is amended to read:

22         397.681  Involuntary petitions; general provisions;

23  court jurisdiction and right to counsel.--

24         (1)  JURISDICTION.--The courts have jurisdiction of

25  involuntary assessment and stabilization petitions and

26  involuntary treatment petitions for substance abuse impaired

27  persons, and such petitions must be filed with the clerk of

28  the court in the county where the person is located.  The

29  chief judge may appoint a general or special magistrate master

30  to preside over all or part of the proceedings. The alleged

31  impaired person is named as the respondent.


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 1         Section 127.  Subsection (5) of section 447.207,

 2  Florida Statutes, is amended to read:

 3         447.207  Commission; powers and duties.--

 4         (5)  The commission shall adopt rules as to the

 5  qualifications of persons who may serve as mediators and

 6  special magistrates masters and shall maintain lists of such

 7  qualified persons who are not employees of the commission.

 8  The commission may initiate dispute resolution procedures by

 9  special magistrates masters, pursuant to the provisions of

10  this part.

11         Section 128.  Subsections (2), (3), and (4) of section

12  447.403, Florida Statutes, are amended to read:

13         447.403  Resolution of impasses.--

14         (2)(a)  If no mediator is appointed, or upon the

15  request of either party, the commission shall appoint, and

16  submit all unresolved issues to, a special magistrate master

17  acceptable to both parties. If the parties are unable to agree

18  on the appointment of a special magistrate master, the

19  commission shall appoint, in its discretion, a qualified

20  special magistrate master.  However, if the parties agree in

21  writing to waive the appointment of a special magistrate

22  master, the parties may proceed directly to resolution of the

23  impasse by the legislative body pursuant to paragraph (4)(d).

24  Nothing in this section precludes the parties from using the

25  services of a mediator at any time during the conduct of

26  collective bargaining.

27         (b)  If the Governor is the public employer, no special

28  magistrate master shall be appointed. The parties may proceed

29  directly to the Legislature for resolution of the impasse

30  pursuant to paragraph (4)(d).

31  


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 1         (3)  The special magistrate master shall hold hearings

 2  in order to define the area or areas of dispute, to determine

 3  facts relating to the dispute, and to render a decision on any

 4  and all unresolved contract issues.  The hearings shall be

 5  held at times, dates, and places to be established by the

 6  special magistrate master in accordance with rules promulgated

 7  by the commission.  The special magistrate master shall be

 8  empowered to administer oaths and issue subpoenas on behalf of

 9  the parties to the dispute or on his or her own behalf.

10  Within 15 calendar days after the close of the final hearing,

11  the special magistrate master shall transmit his or her

12  recommended decision to the commission and to the

13  representatives of both parties by registered mail, return

14  receipt requested.  Such recommended decision shall be

15  discussed by the parties, and each recommendation of the

16  special magistrate master shall be deemed approved by both

17  parties unless specifically rejected by either party by

18  written notice filed with the commission within 20 calendar

19  days after the date the party received the special

20  magistrate's master's recommended decision.  The written

21  notice shall include a statement of the cause for each

22  rejection and shall be served upon the other party.

23         (4)  If either the public employer or the employee

24  organization does not accept, in whole or in part, the

25  recommended decision of the special magistrate master:

26         (a)  The chief executive officer of the governmental

27  entity involved shall, within 10 days after rejection of a

28  recommendation of the special magistrate master, submit to the

29  legislative body of the governmental entity involved a copy of

30  the findings of fact and recommended decision of the special

31  magistrate master, together with the chief executive officer's


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 1  recommendations for settling the disputed impasse issues.  The

 2  chief executive officer shall also transmit his or her

 3  recommendations to the employee organization.

 4         (b)  The employee organization shall submit its

 5  recommendations for settling the disputed impasse issues to

 6  such legislative body and to the chief executive officer;

 7         (c)  The legislative body or a duly authorized

 8  committee thereof shall forthwith conduct a public hearing at

 9  which the parties shall be required to explain their positions

10  with respect to the rejected recommendations of the special

11  magistrate master;

12         (d)  Thereafter, the legislative body shall take such

13  action as it deems to be in the public interest, including the

14  interest of the public employees involved, to resolve all

15  disputed impasse issues; and

16         (e)  Following the resolution of the disputed impasse

17  issues by the legislative body, the parties shall reduce to

18  writing an agreement which includes those issues agreed to by

19  the parties and those disputed impasse issues resolved by the

20  legislative body's action taken pursuant to paragraph (d). The

21  agreement shall be signed by the chief executive officer and

22  the bargaining agent and shall be submitted to the public

23  employer and to the public employees who are members of the

24  bargaining unit for ratification. If such agreement is not

25  ratified by all parties, pursuant to the provisions of s.

26  447.309, the legislative body's action taken pursuant to the

27  provisions of paragraph (d) shall take effect as of the date

28  of such legislative body's action for the remainder of the

29  first fiscal year which was the subject of negotiations;

30  however, the legislative body's action shall not take effect

31  with respect to those disputed impasse issues which establish


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 1  the language of contractual provisions which could have no

 2  effect in the absence of a ratified agreement, including, but

 3  not limited to, preambles, recognition clauses, and duration

 4  clauses.

 5         Section 129.  Section 447.405, Florida Statutes, is

 6  amended to read:

 7         447.405  Factors to be considered by the special

 8  magistrate master.--The special magistrate master shall

 9  conduct the hearings and render recommended decisions with the

10  objective of achieving a prompt, peaceful, and just settlement

11  of disputes between the public employee organizations and the

12  public employers.  The factors, among others, to be given

13  weight by the special magistrate master in arriving at a

14  recommended decision shall include:

15         (1)  Comparison of the annual income of employment of

16  the public employees in question with the annual income of

17  employment maintained for the same or similar work of

18  employees exhibiting like or similar skills under the same or

19  similar working conditions in the local operating area

20  involved.

21         (2)  Comparison of the annual income of employment of

22  the public employees in question with the annual income of

23  employment of public employees in similar public employee

24  governmental bodies of comparable size within the state.

25         (3)  The interest and welfare of the public.

26         (4)  Comparison of peculiarities of employment in

27  regard to other trades or professions, specifically with

28  respect to:

29         (a)  Hazards of employment.

30         (b)  Physical qualifications.

31         (c)  Educational qualifications.


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 1         (d)  Intellectual qualifications.

 2         (e)  Job training and skills.

 3         (f)  Retirement plans.

 4         (g)  Sick leave.

 5         (h)  Job security.

 6         (5)  Availability of funds.

 7         Section 130.  Section 447.407, Florida Statutes, is

 8  amended to read:

 9         447.407  Compensation of mediator and special

10  magistrate master; expenses.--The compensation of the mediator

11  and special magistrate master, and all stenographic and other

12  expenses, shall be borne equally by the parties.

13         Section 131.  Section 447.409, Florida Statutes, is

14  amended to read:

15         447.409  Records.--All records that which are relevant

16  to, or have a bearing upon, any issue or issues raised by the

17  proceedings conducted by the special magistrate master shall

18  be made available to the special magistrate master by a

19  request in writing to any of the parties to the impasse

20  proceedings.  Notice of such request must shall be furnished

21  to all parties.  Any such records that which are made

22  available to the special magistrate must master shall also be

23  made available to any other party to the impasse proceedings,

24  upon written request.

25         Section 132.  Subsections (1), (2), (3), (4), (5), and

26  (6) of section 475.011, Florida Statutes, are amended to read:

27         475.011  Exemptions.--This part does not apply to:

28         (1)  Any person acting as an attorney in fact for the

29  purpose of the execution of contracts or conveyances only; as

30  an attorney at law within the scope of her or his duties as

31  such; as a certified public accountant, as defined in chapter


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 1  473, within the scope of her or his duties as such; as the

 2  personal representative, receiver, trustee, or general or

 3  special magistrate master under, or by virtue of, an

 4  appointment by will or by order of a court of competent

 5  jurisdiction; or as trustee under a deed of trust, or under a

 6  trust agreement, the ultimate purpose and intent whereof is

 7  charitable, is philanthropic, or provides for those having a

 8  natural right to the bounty of the donor or trustor.;

 9         (2)  Any individual, corporation, partnership, trust,

10  joint venture, or other entity which sells, exchanges, or

11  leases its own real property; however, this exemption shall

12  not be available if and to the extent that an agent, employee,

13  or independent contractor paid a commission or other

14  compensation strictly on a transactional basis is employed to

15  make sales, exchanges, or leases to or with customers in the

16  ordinary course of an owner's business of selling, exchanging,

17  or leasing real property to the public.;

18         (3)  Any employee of a public utility, a rural electric

19  cooperative, a railroad, or a state or local governmental

20  agency who acts within the scope of her or his employment, for

21  which no compensation in addition to the employee's salary is

22  paid, to buy, sell, appraise, exchange, rent, auction, or

23  lease any real property or any interest in real property for

24  the use of her or his employer.;

25         (4)  Any salaried employee of an owner, or of a

26  registered broker for an owner, of an apartment community who

27  works in an onsite rental office of the apartment community in

28  a leasing capacity.;

29         (5)  Any person employed for a salary as a manager of a

30  condominium or cooperative apartment complex as a result of

31  any activities or duties which the person may have in relation


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 1  to the renting of individual units within such condominium or

 2  cooperative apartment complex if rentals arranged by the

 3  person are for periods no greater than 1 year.;

 4         (6)  Any person, partnership, corporation, or other

 5  legal entity which, for another and for compensation or other

 6  valuable consideration, sells, offers to sell, advertises for

 7  sale, buys, offers to buy, or negotiates the sale or purchase

 8  of radio, television, or cable enterprises licensed and

 9  regulated by the Federal Communications Commission pursuant to

10  the Communications Act of 1934.  However, if the sale or

11  purchase of the radio, television, or cable enterprise

12  involves the sale or lease of land, buildings, fixtures, and

13  all other improvements to the land, a broker or salesperson

14  licensed under this chapter shall be retained for the portion

15  of the transaction which includes the land, buildings,

16  fixtures, and all other improvements to the land.; or

17         Section 133.  Paragraphs (d), (f), (g), (h), and (j) of

18  subsection (5) of section 489.127, Florida Statutes, are

19  amended to read:

20         489.127  Prohibitions; penalties.--

21         (5)  Each county or municipality may, at its option,

22  designate one or more of its code enforcement officers, as

23  defined in chapter 162, to enforce, as set out in this

24  subsection, the provisions of subsection (1) and s. 489.132(1)

25  against persons who engage in activity for which a county or

26  municipal certificate of competency or license or state

27  certification or registration is required.

28         (d)  The act for which the citation is issued shall be

29  ceased upon receipt of the citation; and the person charged

30  with the violation shall elect either to correct the violation

31  and pay the civil penalty in the manner indicated on the


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 1  citation or, within 10 days after of receipt of the citation,

 2  exclusive of weekends and legal holidays, request an

 3  administrative hearing before the enforcement or licensing

 4  board or designated special magistrate master to appeal the

 5  issuance of the citation by the code enforcement officer.

 6         1.  Hearings shall be held before an enforcement or

 7  licensing board or designated special magistrate master as

 8  established by s. 162.03(2), and such hearings shall be

 9  conducted pursuant to the requirements of ss. 162.07 and

10  162.08.

11         2.  Failure of a violator to appeal the decision of the

12  code enforcement officer within the time period set forth in

13  this paragraph shall constitute a waiver of the violator's

14  right to an administrative hearing.  A waiver of the right to

15  an administrative hearing shall be deemed an admission of the

16  violation, and penalties may be imposed accordingly.

17         3.  If the person issued the citation, or his or her

18  designated representative, shows that the citation is invalid

19  or that the violation has been corrected prior to appearing

20  before the enforcement or licensing board or designated

21  special magistrate master, the enforcement or licensing board

22  or designated special magistrate master may dismiss the

23  citation unless the violation is irreparable or irreversible.

24         4.  Each day a willful, knowing violation continues

25  shall constitute a separate offense under the provisions of

26  this subsection.

27         (f)  If the enforcement or licensing board or

28  designated special magistrate master finds that a violation

29  exists, the enforcement or licensing board or designated

30  special magistrate master may order the violator to pay a

31  civil penalty of not less than the amount set forth on the


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 1  citation but not more than $1,000 per day for each violation.

 2  In determining the amount of the penalty, the enforcement or

 3  licensing board or designated special magistrate master shall

 4  consider the following factors:

 5         1.  The gravity of the violation.

 6         2.  Any actions taken by the violator to correct the

 7  violation.

 8         3.  Any previous violations committed by the violator.

 9         (g)  Upon written notification by the code enforcement

10  officer that a violator had not contested the citation or paid

11  the civil penalty within the timeframe allowed on the

12  citation, or if a violation has not been corrected within the

13  timeframe set forth on the notice of violation, the

14  enforcement or licensing board or the designated special

15  magistrate master shall enter an order ordering the violator

16  to pay the civil penalty set forth on the citation or notice

17  of violation, and a hearing shall not be necessary for the

18  issuance of such order.

19         (h)  A certified copy of an order imposing a civil

20  penalty against an uncertified contractor may be recorded in

21  the public records and thereafter shall constitute a lien

22  against any real or personal property owned by the violator.

23  Upon petition to the circuit court, such order may be enforced

24  in the same manner as a court judgment by the sheriffs of this

25  state, including a levy against personal property; however,

26  such order shall not be deemed to be a court judgment except

27  for enforcement purposes.  A civil penalty imposed pursuant to

28  this part shall continue to accrue until the violator comes

29  into compliance or until judgment is rendered in a suit to

30  foreclose on a lien filed pursuant to this subsection,

31  whichever occurs first.  After 3 months following from the


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 1  filing of any such lien which remains unpaid, the enforcement

 2  board or licensing board or designated special magistrate

 3  master may authorize the local governing body's attorney to

 4  foreclose on the lien. No lien created pursuant to the

 5  provisions of this part may be foreclosed on real property

 6  which is a homestead under s. 4, Art. X of the State

 7  Constitution.

 8         (j)  An aggrieved party, including the local governing

 9  body, may appeal a final administrative order of an

10  enforcement board or licensing board or designated special

11  magistrate master to the circuit court.  Such an appeal shall

12  not be a hearing de novo but shall be limited to appellate

13  review of the record created before the enforcement board or

14  licensing board or designated special magistrate master. An

15  appeal shall be filed within 30 days after of the execution of

16  the order to be appealed.

17         Section 134.  Paragraphs (d), (f), (g), (h), and (j) of

18  subsection (4) of section 489.531, Florida Statutes, are

19  amended to read:

20         489.531  Prohibitions; penalties.--

21         (4)

22         (d)  The act for which the citation is issued shall be

23  ceased upon receipt of the citation; and the person charged

24  with the violation shall elect either to correct the violation

25  and pay the civil penalty in the manner indicated on the

26  citation or, within 10 days after of receipt of the citation,

27  exclusive of weekends and legal holidays, request an

28  administrative hearing before the enforcement or licensing

29  board or designated special magistrate master to appeal the

30  issuance of the citation by the code enforcement officer.

31  


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 1         1.  Hearings shall be held before an enforcement or

 2  licensing board or designated special magistrate master as

 3  established by s. 162.03(2) and such hearings shall be

 4  conducted pursuant to ss. 162.07 and 162.08.

 5         2.  Failure of a violator to appeal the decision of the

 6  code enforcement officer within the time period set forth in

 7  this paragraph shall constitute a waiver of the violator's

 8  right to an administrative hearing.  A waiver of the right to

 9  administrative hearing shall be deemed an admission of the

10  violation and penalties may be imposed accordingly.

11         3.  If the person issued the citation, or his or her

12  designated representative, shows that the citation is invalid

13  or that the violation has been corrected prior to appearing

14  before the enforcement or licensing board or designated

15  special magistrate master, the enforcement or licensing board

16  or designated special magistrate master shall dismiss the

17  citation unless the violation is irreparable or irreversible.

18         4.  Each day a willful, knowing violation continues

19  shall constitute a separate offense under the provisions of

20  this subsection.

21         (f)  If the enforcement or licensing board or

22  designated special magistrate master finds that a violation

23  exists, the enforcement or licensing board or designated

24  special magistrate master may order the violator to pay a

25  civil penalty of not less than the amount set forth on the

26  citation but not more than $500 per day for each violation.

27  In determining the amount of the penalty, the enforcement or

28  licensing board or designated special magistrate master shall

29  consider the following factors:

30         1.  The gravity of the violation.

31  


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 1         2.  Any actions taken by the violator to correct the

 2  violation.

 3         3.  Any previous violations committed by the violator.

 4         (g)  Upon written notification by the code enforcement

 5  officer that a violator had not contested the citation or paid

 6  the civil penalty within the timeframe allowed on the

 7  citation, or if a violation has not been corrected within the

 8  timeframe set forth on the notice of violation, the

 9  enforcement or licensing board or the designated special

10  magistrate master shall enter an order ordering the violator

11  to pay the civil penalty set forth on the citation or notice

12  of violation, and a hearing shall not be necessary for the

13  issuance of such order.

14         (h)  A certified copy of an order imposing a civil

15  penalty against an uncertified contractor may be recorded in

16  the public records and thereafter shall constitute a lien

17  against any real or personal property owned by the violator.

18  Upon petition to the circuit court, such order may be enforced

19  in the same manner as a court judgment by the sheriffs of this

20  state, including a levy against personal property; however,

21  such order shall not be deemed to be a court judgment except

22  for enforcement purposes.  A civil penalty imposed pursuant to

23  this part shall continue to accrue until the violator comes

24  into compliance or until judgment is rendered in a suit to

25  foreclose on a lien filed pursuant to this section, whichever

26  occurs first.  After 3 months following from the filing of any

27  such lien which remains unpaid, the enforcement or licensing

28  board or designated special magistrate master may authorize

29  the local governing body's attorney to foreclose on the lien.

30  No lien created pursuant to the provisions of this part may be

31  


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 1  foreclosed on real property which is a homestead under s. 4,

 2  Art. X of the State Constitution.

 3         (j)  An aggrieved party, including the local governing

 4  body, may appeal a final administrative order of an

 5  enforcement or licensing board or special designated special

 6  magistrate master to the circuit court. Such an appeal shall

 7  not be a hearing de novo but shall be limited to appellate

 8  review of the record created before the enforcement or

 9  licensing board or designated special master.  An appeal shall

10  be filed within 30 days of the execution of the order to be

11  appealed.

12         Section 135.  Subsection (1) of section 496.420,

13  Florida Statutes, is amended to read:

14         496.420  Civil remedies and enforcement.--

15         (1)  In addition to other remedies authorized by law,

16  the department may bring a civil action in circuit court to

17  enforce ss. 496.401-496.424 or s. 496.426. Upon a finding that

18  any person has violated any of these sections, a court may

19  make any necessary order or enter a judgment including, but

20  not limited to, a temporary or permanent injunction, a

21  declaratory judgment, the appointment of a general or special

22  magistrate master or receiver, the sequestration of assets,

23  the reimbursement of persons from whom contributions have been

24  unlawfully solicited, the distribution of contributions in

25  accordance with the charitable or sponsor purpose expressed in

26  the registration statement or in accordance with the

27  representations made to the person solicited, the

28  reimbursement of the department for investigative costs,

29  attorney's fees and costs, and any other equitable relief the

30  court finds appropriate. Upon a finding that any person has

31  violated any provision of ss. 496.401-496.424 or s. 496.426


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 1  with actual knowledge or knowledge fairly implied on the basis

 2  of objective circumstances, a court may enter an order

 3  imposing a civil penalty in an amount not to exceed $10,000

 4  per violation.

 5         Section 136.  Subsection (3) of section 501.207,

 6  Florida Statutes, is amended to read:

 7         501.207  Remedies of enforcing authority.--

 8         (3)  Upon motion of the enforcing authority or any

 9  interested party in any action brought under subsection (1),

10  the court may make appropriate orders, including, but not

11  limited to, appointment of a general or special magistrate

12  master or receiver or sequestration or freezing of assets, to

13  reimburse consumers or governmental entities found to have

14  been damaged; to carry out a transaction in accordance with

15  the reasonable expectations of consumers or governmental

16  entities; to strike or limit the application of clauses of

17  contracts to avoid an unconscionable result; to order any

18  defendant to divest herself or himself of any interest in any

19  enterprise, including real estate; to impose reasonable

20  restrictions upon the future activities of any defendant to

21  impede her or him from engaging in or establishing the same

22  type of endeavor; to order the dissolution or reorganization

23  of any enterprise; or to grant legal, equitable, or other

24  appropriate relief.  The court may assess the expenses of a

25  general or special magistrate master or receiver against a

26  person who has violated, is violating, or is otherwise likely

27  to violate this part.  Any injunctive order, whether temporary

28  or permanent, issued by the court shall be effective

29  throughout the state unless otherwise provided in the order.

30         Section 137.  Section 501.618, Florida Statutes, is

31  amended to read:


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 1         501.618  General civil remedies.--The department may

 2  bring:

 3         (1)  An action to obtain a declaratory judgment that an

 4  act or practice violates the provisions of this part.

 5         (2)  An action to enjoin a person who has violated, is

 6  violating, or is otherwise likely to violate the provisions of

 7  this part.

 8         (3)  An action on behalf of one or more purchasers for

 9  the actual damages caused by an act or practice performed in

10  violation of the provisions of this part. Such an action may

11  include, but is not limited to, an action to recover against a

12  bond, letter of credit, or certificate of deposit as otherwise

13  provided in this part.

14  

15  Upon motion of the enforcing authority in any action brought

16  under this section, the court may make appropriate orders,

17  including appointment of a general or special magistrate

18  master or receiver or sequestration of assets, to reimburse

19  consumers found to have been damaged, to carry out a consumer

20  transaction in accordance with the consumer's reasonable

21  expectations, or to grant other appropriate relief.  The court

22  may assess the expenses of a general or special magistrate

23  master or receiver against a commercial telephone seller.  Any

24  injunctive order, whether temporary or permanent, issued by

25  the court shall be effective throughout the state unless

26  otherwise provided in the order.

27         Section 138.  Subsection (6) of section 559.936,

28  Florida Statutes, is amended to read:

29         559.936  Civil penalties; remedies.--

30         (6)  Upon motion of the department in any action

31  brought under this part, the court may make appropriate


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 1  orders, including appointment of a general or special

 2  magistrate master or receiver or sequestration of assets, to

 3  reimburse consumers found to have been damaged, to carry out a

 4  consumer transaction in accordance with the consumer's

 5  reasonable expectations, or to grant other appropriate relief.

 6         Section 139.  Subsection (1) of section 582.23, Florida

 7  Statutes, is amended to read:

 8         582.23  Performance of work under the regulations by

 9  the supervisors.--

10         (1)  The supervisors may go upon any lands within the

11  district to determine whether land use regulations adopted are

12  being observed.  Where the supervisors of any district shall

13  find that any of the provisions of land use regulations

14  adopted are not being observed on particular lands, and that

15  such nonobservance tends to increase erosion on such lands and

16  is interfering with the prevention or control of erosion on

17  other lands within the district, the supervisors may present

18  to the circuit court for the county or counties within which

19  the lands of the defendant may lie, a petition, duly verified,

20  setting forth the adoption of the land use regulations, the

21  failure of the defendant landowner or occupier to observe such

22  regulations, and to perform particular work, operations, or

23  avoidances as required thereby, and that such nonobservance

24  tends to increase erosion on such lands and is interfering

25  with the prevention or control of erosion on other lands

26  within the district, and praying the court to require the

27  defendant to perform the work, operations, or avoidances

28  within a reasonable time and to order that if the defendant

29  shall fail so to perform the supervisors may go on the land,

30  perform the work or other operations or otherwise bring the

31  condition of such lands into conformity with the requirements


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 1  of such regulations, and recover the costs and expenses

 2  thereof, with interest, from the owner of such land.  Upon the

 3  presentation of such petition the court shall cause process to

 4  be issued against the defendant, and shall hear the case.  If

 5  it shall appear to the court that testimony is necessary for

 6  the proper disposition of the matter, it may take evidence or

 7  appoint a special magistrate master to take such evidence as

 8  it may direct and report the same to the court within her or

 9  his findings of fact and conclusions of law, which shall

10  constitute a part of the proceedings upon which the

11  determination of the court shall be made.

12         Section 140.  Subsection (2) of section 631.182,

13  Florida Statutes, is amended to read:

14         631.182  Receiver claims report and claimants

15  objections procedure.--

16         (2)  At the hearing, any interested person is entitled

17  to appear. The hearing shall not be de novo but shall be

18  limited to the record as described in s. 631.181(2). The court

19  shall enter an order allowing, allowing in part, or

20  disallowing the claim.  Any such order is deemed to be an

21  appealable order. In the interests of judicial economy, the

22  court may appoint a special magistrate master to resolve

23  objections or to perform any particular service required by

24  the court. This subsection shall apply to receivership

25  proceedings commencing prior to, or subsequent to, July 1,

26  1997.

27         Section 141.  Subsections (3) and (4) of section

28  631.331, Florida Statutes, are amended to read:

29         631.331  Assessment prima facie correct; notice;

30  payment; proceeding to collect.--

31  


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 1         (3)  If any such member or subscriber fails to pay the

 2  assessment within the period specified in the notice, which

 3  period shall not be less than 20 days after mailing, the

 4  department may obtain an order in the delinquency proceeding

 5  requiring the member or subscriber to show cause at a time and

 6  place fixed by the court why judgment should not be entered

 7  against such member or subscriber for the amount of the

 8  assessment, together with all costs., and A copy of the order

 9  and a copy of the petition therefor shall be served upon the

10  member or subscriber within the time and in the manner

11  designated in the order.

12         (4)  If the subscriber or member after due service of a

13  copy of the order and petition referred to in subsection (3)

14  is made upon her or him:

15         (a)  Fails to appear at the time and place specified in

16  the order, judgment shall be entered against her or him as

17  prayed for in the petition; or

18         (b)  Appears in the manner and form required by law in

19  response to the order, the court shall hear and determine the

20  matter and enter a judgment in accordance with its decision.

21  In the interests of judicial economy, the court may appoint a

22  special magistrate master to resolve objections or to perform

23  any particular service required by the court. This paragraph

24  shall apply to receivership proceedings commencing prior to,

25  or subsequent to, July 1, 1997.

26         Section 142.  Subsection (2) of section 633.052,

27  Florida Statutes, is amended to read:

28         633.052  Ordinances relating to firesafety;

29  definitions; penalties.--

30         (2)  A county or municipality that which has created a

31  code enforcement board or special magistrate master system


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 1  pursuant to chapter 162 may enforce firesafety code violations

 2  as provided in chapter 162. The governing body of a county or

 3  municipality which has not created a code enforcement board or

 4  special magistrate master system for firesafety under chapter

 5  162 is authorized to enact ordinances relating to firesafety

 6  codes, which ordinances shall provide:

 7         (a)  That a violation of such an ordinance is a civil

 8  infraction.

 9         (b)  A maximum civil penalty not to exceed $500.

10         (c)  A civil penalty of less than the maximum civil

11  penalty if the person who has committed the civil infraction

12  does not contest the citation.

13         (d)  For the issuance of a citation by an officer who

14  has probable cause to believe that a person has committed a

15  violation of an ordinance relating to firesafety.

16         (e)  For the contesting of a citation in the county

17  court.

18         (f)  Such procedures and provisions necessary to

19  implement any ordinances enacted under the authority of this

20  section.

21         Section 143.  Subsection (2) of section 744.369,

22  Florida Statutes, is amended to read:

23         744.369  Judicial review of guardianship reports.--

24         (2)  The court may appoint general or special

25  magistrate masters to assist the court in its review function.

26  The court may require the general or special magistrate master

27  to conduct random field audits.

28         Section 144.  Subsection (11) of section 760.11,

29  Florida Statutes, is amended to read:

30         760.11  Administrative and civil remedies;

31  construction.--


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 1         (11)  If a complaint is within the jurisdiction of the

 2  commission, the commission shall simultaneously with its other

 3  statutory obligations attempt to eliminate or correct the

 4  alleged discrimination by informal methods of conference,

 5  conciliation, and persuasion.  Nothing said or done in the

 6  course of such informal endeavors may be made public or used

 7  as evidence in a subsequent civil proceeding, trial, or

 8  hearing.  The commission may initiate dispute resolution

 9  procedures, including voluntary arbitration, by special

10  magistrates masters or mediators.  The commission may adopt

11  rules as to the qualifications of persons who may serve as

12  special magistrates masters and mediators.

13         Section 145.  Subsection (1) of section 837.011,

14  Florida Statutes, is amended to read:

15         837.011  Definitions.--In this chapter, unless a

16  different meaning plainly is required:

17         (1)  "Official proceeding" means a proceeding heard, or

18  which may be or is required to be heard, before any

19  legislative, judicial, administrative, or other governmental

20  agency or official authorized to take evidence under oath,

21  including any referee, general or special magistrate master in

22  chancery, administrative law judge, hearing officer, hearing

23  examiner, commissioner, notary, or other person taking

24  testimony or a deposition in connection with any such

25  proceeding.

26         Section 146.  Subsection (4) of section 838.014,

27  Florida Statutes, is amended to read:

28         838.014  Definitions.--For the purposes of this

29  chapter, unless a different meaning plainly is required:

30         (4)  "Public servant" means any public officer, agent,

31  or employee of government, whether elected or appointed,


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 1  including, but not limited to, any executive, legislative, or

 2  judicial officer; any person who holds an office or position

 3  in a political party or political party committee, whether

 4  elected or appointed; and any person participating as a

 5  general or special magistrate master, receiver, auditor,

 6  juror, arbitrator, umpire, referee, consultant, administrative

 7  law judge, hearing officer, or hearing examiner, or person

 8  acting on behalf of any of these, in performing a governmental

 9  function; but the term does not include witnesses.  Such term

10  shall include a candidate for election or appointment to any

11  such office, including any individual who seeks or intends to

12  occupy any such office.  It shall include any person appointed

13  to any of the foregoing offices or employments before and

14  after he or she qualifies.

15         Section 147.  Section 839.17, Florida Statutes, is

16  amended to read:

17         839.17  Misappropriation of moneys by commissioners to

18  make sales.--Any commissioner or general or special magistrate

19  master in chancery, having received the purchase money or the

20  securities resulting from any of the sales authorized by law,

21  who shall fail to deliver such moneys and securities, or

22  either of them, to the executor or administrator, or the

23  person entitled to receive the same, upon the order of the

24  court, unless she or he is rendered unable to do so by some

25  cause not attributable to her or his own default or neglect,

26  shall be fined in a sum equal to the amount received from the

27  purchaser, and commits shall be guilty of a felony of the

28  second degree, punishable as provided in s. 775.082, s.

29  775.083, or s. 775.084.

30         Section 148.  Paragraph (a) of subsection (3) of

31  section 916.107, Florida Statutes, is amended to read:


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 1         916.107  Rights of forensic clients.--

 2         (3)  RIGHT TO EXPRESS AND INFORMED CONSENT.--

 3         (a)  A client committed to the department pursuant to

 4  this act shall be asked to give express and informed written

 5  consent for treatment.  If a client in a forensic facility

 6  refuses such treatment as is deemed necessary by the client's

 7  multidisciplinary treatment team at the forensic facility for

 8  the appropriate care of the client and the safety of the

 9  client or others, such treatment may be provided under the

10  following circumstances:

11         1.  In an emergency situation in which there is

12  immediate danger to the safety of the client or others, such

13  treatment may be provided upon the written order of a

14  physician for a period not to exceed 48 hours, excluding

15  weekends and legal holidays.  If, after the 48-hour period,

16  the client has not given express and informed consent to the

17  treatment initially refused, the administrator or designee of

18  the forensic facility shall, within 48 hours, excluding

19  weekends and legal holidays, petition the committing court or

20  the circuit court serving the county in which the facility is

21  located, at the option of the facility administrator or

22  designee, for an order authorizing the continued treatment of

23  the client.  In the interim, treatment may be continued

24  without the consent of the client upon the continued written

25  order of a physician who has determined that the emergency

26  situation continues to present a danger to the safety of the

27  client or others.

28         2.  In a situation other than an emergency situation,

29  the administrator or designee of the forensic facility shall

30  petition the court for an order authorizing the treatment to

31  the client.  The order shall allow such treatment for a period


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 1  not to exceed 90 days from the date of the entry of the order.

 2  Unless the court is notified in writing that the client has

 3  provided express and informed consent in writing or that the

 4  client has been discharged by the committing court, the

 5  administrator or designee shall, prior to the expiration of

 6  the initial 90-day order, petition the court for an order

 7  authorizing the continuation of treatment for another 90-day

 8  period.  This procedure shall be repeated until the client

 9  provides consent or is discharged by the committing court.

10         3.  At the hearing on the issue of whether the court

11  should enter an order authorizing treatment for which a client

12  has refused to give express and informed consent, the court

13  shall determine by clear and convincing evidence that the

14  client is mentally ill, retarded, or autistic as defined in

15  this chapter, that the treatment not consented to is essential

16  to the care of the client, and that the treatment not

17  consented to is not experimental and does not present an

18  unreasonable risk of serious, hazardous, or irreversible side

19  effects.  In arriving at the substitute judgment decision, the

20  court must consider at least the following factors:

21         a.  The client's expressed preference regarding

22  treatment;

23         b.  The probability of adverse side effects;

24         c.  The prognosis without treatment; and

25         d.  The prognosis with treatment.

26  

27  The hearing shall be as convenient to the client as may be

28  consistent with orderly procedure and shall be conducted in

29  physical settings not likely to be injurious to the client's

30  condition. The court may appoint a general or special

31  magistrate master to preside at the hearing. The client or the


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 1  client's guardian, and the representative, shall be provided

 2  with a copy of the petition and the date, time, and location

 3  of the hearing. The client has the right to have an attorney

 4  represent him or her at the hearing, and, if the client is

 5  indigent, the court shall appoint the office of the public

 6  defender to represent the client at the hearing.  The client

 7  may testify or not, as he or she chooses, and has the right to

 8  cross-examine witnesses and may present his or her own

 9  witnesses.

10         Section 149.  Subsection (11) of section 938.30,

11  Florida Statutes, is amended to read:

12         938.30  Court-imposed financial obligations in criminal

13  cases; supplementary proceedings.--

14         (11)  The court may refer any proceeding under this

15  section to a special magistrate master who shall report

16  findings and make recommendations to the court. The court

17  shall act on such recommendations within a reasonable amount

18  of time.

19         Section 150.  Subsection (3) of section 945.43, Florida

20  Statutes, is amended to read:

21         945.43  Admission of inmate to mental health treatment

22  facility.--

23         (3)  PROCEDURE FOR HEARING ON TRANSFER OF AN INMATE FOR

24  MENTAL HEALTH TREATMENT.--If the inmate does not waive a

25  hearing or if the inmate or the inmate's representative files

26  a petition for a hearing after having waived it, the court

27  shall serve notice on the warden of the facility where the

28  inmate is confined, the director, and the allegedly mentally

29  ill inmate. The notice shall specify the date, time, and place

30  of the hearing; the basis for the allegation of mental

31  illness; and the names of the examining experts. The hearing


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 1  shall be held within 5 days, and the court may appoint a

 2  general or special magistrate master to preside.  The hearing

 3  may be as informal as is consistent with orderly procedure.

 4  One of the experts whose opinion supported the recommendation

 5  shall be present at the hearing for information purposes.  If,

 6  at the hearing, the court finds that the inmate is mentally

 7  ill and in need of care and treatment, it shall order that he

 8  or she be transferred to a mental health treatment facility

 9  and provided appropriate treatment.  The court shall provide a

10  copy of its order authorizing transfer and all supporting

11  documentation relating to the inmate's condition to the warden

12  of the treatment facility.  If the court finds that the inmate

13  is not mentally ill, it shall dismiss the petition for

14  transfer.

15         Section 151.  Subsection (4) is added to section

16  218.25, Florida Statutes, to read:

17         218.25  Limitation of shared funds; holders of bonds

18  protected; limitation on use of second guaranteed entitlement

19  for counties.--

20         (4)  Notwithstanding subsections (1) and (2), a county

21  may assign, pledge, or set aside as a trust for the payment of

22  principal or interest on bonds, tax anticipation certificates,

23  or any other form of indebtedness an amount up to 50 percent

24  of the funds received in the prior year.

25         Section 152.  Effective July 1, 2004, sections 142.04,

26  142.05, 142.06, 142.07, 142.08, 142.09, 142.10, 142.11,

27  142.12, 142.13, and 939.18, Florida Statutes, are repealed.

28         Section 153.  Except as otherwise expressly provided in

29  this act, this act shall take effect May 1, 2004.

30  

31  


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