HB 1929 2003
1	A bill to be entitled
2	An act relating to implementation of Revision 7 to Article
3	V of the State Constitution; amending s. 25.383, F.S.;
4	removing provisions relating to fees for certification and
5	renewal of certification of court reporters; amending s.
6	27.005, F.S.; revising and removing definitions applicable
7	to state attorneys and public defenders; amending s.
8	27.02, F.S.; restricting duties of state attorneys before
9	circuit and county courts; amending s. 27.04, F.S.;
10	revising provisions relating to summoning and examining of
11	witnesses for the state to cover any violation of the law;
12	amending s. 27.25, F.S.; providing that state attorneys
13	may employ personnel and receive appropriations as
14	authorized by the General Appropriations Act; amending s.
15	27.34, F.S.; revising provisions relating to the funding
16	of state attorneys' offices; amending s. 27.35, F.S.;
17	providing that salaries of state attorneys shall be
18	provided in the General Appropriations Act; amending s.
19	27.385, F.S.; removing a provision relating to authority
20	of state attorneys to expend certain funds; revising the
21	title of pt. III, ch. 27, F.S.; creating s. 27.40, F.S.;
22	providing requirements for court-appointed counsel;
23	providing for a statewide registry of private attorneys;
24	requiring annual fees; providing for payment of attorney's
25	fees and costs; amending s. 27.51, F.S.; revising duties
26	of public defenders; amending s. 27.52, F.S.; revising
27	provisions relating to determination of indigency;
28	providing for indigency examiners; providing for payment
29	of application fees; providing for deposit of application
30	fees and recovered amounts into the General Revenue Fund;
31	providing for a payment program; amending s. 27.53, F.S.;
32	revising method of funding offices of public defender;
33	amending s. 27.5301, F.S.; revising method of paying
34	salaries of public defenders and assistant public
35	defenders; creating s. 27.5303, F.S.; providing
36	requirements for appointment of counsel in conflict of
37	interest of public defender; creating s. 27.5304, F.S.;
38	providing for compensation of private court-appointed
39	counsel; amending s. 27.54, F.S.; revising funding of
40	offices of public defender; amending s. 27.562, F.S.;
41	providing for deposit of funds collected for certain legal
42	assistance into the General Revenue Fund; amending s.
43	27.58, F.S.; revising provisions relating to
44	administration of public defender services; amending s.
45	27.702, F.S.; conforming a cross reference; creating s.
46	28.215, F.S.; providing for pro se assistance; amending s.
47	28.24, F.S.; revising service charges by clerk of the
48	circuit court; requiring provision of certain records
49	without charge; amending s. 28.2401, F.S.; removing county
50	authority to impose service charges in probate matters in
51	excess of those specified; amending s. 28.241, F.S.;
52	providing for filing fees for trial and appellate
53	proceedings; providing for deposit and use of fees
54	collected for civil actions, suits, and proceedings
55	reopened in the circuit courts; amending s. 28.245, F.S.;
56	requiring electronic transmittal of funds collected by the
57	clerks of court to the Department of Revenue; creating s.
58	28.246, F.S.: providing requirements for payment of court-
59	related fees, charges, and costs; providing for collection
60	by private attorney or collection agent; creating s.
61	28.35, F.S.; exempting state attorneys and public
62	defenders from all fees and charges of the clerks of the
63	circuit courts; amending s. 29.001, F.S.; revising intent
64	with respect to the state courts system; amending s.
65	29.002, F.S.; revising the basis for funding the state
66	courts system; amending s. 29.004, F.S.; specifying
67	elements of the state courts system to be funded from
68	state revenues appropriated by general law; amending s.
69	29.005, F.S.; specifying elements of the state attorneys'
70	offices to be funded from state revenues appropriated by
71	general law; amending s. 29.006, F.S.; specifying elements
72	of the public defenders' offices to be funded from state
73	revenues appropriated by general law; amending s. 29.007,
74	F.S.; specifying elements of private court-appointed
75	counsel to be funded from state revenues appropriated by
76	general law; amending s. 29.008, F.S.; revising provisions
77	relating to county funding of court-related functions;
78	declaring legal aid to be a local requirement of the state
79	courts system; exempting certain counties; creating s.
80	29.014, F.S.; creating the Article V Indigent Services
81	Advisory Board; providing for appointment of members and
82	terms; providing for organization; providing duties;
83	creating ss. 29.015 and 29.016, F.S.; establishing
84	contingency funds for the Justice Administrative
85	Commission and the judicial branch to alleviate deficits
86	in due process services appropriation categories;
87	providing requirements for utilization of the funds;
88	amending s. 34.032, F.S.; providing for funding of arrest
89	warrants for violation of county or municipal ordinances;
90	amending s. 34.041, F.S.; providing for filing fees and
91	costs in county courts; amending s. 34.13, F.S.; requiring
92	administration of oaths relating to violation of a
93	municipal ordinance to be at municipal expense; amending
94	s. 34.171, F.S.; requiring county funding of bailiff
95	salaries; amending s. 34.181, F.S., relating to branch
96	courts; providing a cross reference; amending s. 34.191,
97	F.S.; providing for collection and distribution of fines
98	and forfeitures ; amending s. 39.0134, F.S.; providing for
99	compensation of appointed counsel in dependency
100	proceedings; amending s. 39.4075, F.S.; requiring parties
101	to contribute to the cost of dependency mediation;
102	amending s. 39.815, F.S.; revising a cross reference;
103	creating s. 40.001, F.S.; providing authority and duties
104	of the chief judge; amending s. 40.02, F.S., relating to
105	selection of jury lists; providing for performance of and
106	payment for such duties; amending s. 40.29, F.S.; revising
107	provisions relating to duty of clerks of court to make
108	estimates and requisitions for certain due process costs;
109	amending s. 40.30, F.S., relating to requisition endorsed
110	by State Courts Administrator or designee, to conform;
111	updating terminology; amending s. 43.16, F.S.; removing
112	reference to Justice Administrative Commission as part of
113	the judicial branch; expanding duties of the commission
114	relating to court-appointed counsel; amending s. 43.19,
115	F.S.; providing for deposit into the General Revenue Fund
116	of unclaimed funds paid to the court; amending s. 43.26,
117	F.S.; removing reference to presiding judge of circuit and
118	providing for powers of the chief judge of the circuit;
119	amending s. 43.35, F.S.; requiring witness coordination to
120	be provided by the state attorneys and public defenders;
121	amending s. 44.108, F.S.; revising the funding of
122	mediation and arbitration services; providing for certain
123	fees; amending s. 49.10, F.S.; removing a cross reference;
124	amending s. 55.141, F.S.; conforming a cross reference;
125	amending s. 57.081, F.S.; revising provisions relating to
126	costs and services provided to indigent persons; amending
127	s. 57.085, F.S.; revising provisions relating to waiver of
128	prepayment of court costs and fees for indigent prisoners;
129	amending s. 61.21, F.S.; providing for authorization of
130	parenting course by the Department of Children and Family
131	Services; amending s. 77.28, F.S.; conforming a cross
132	reference; amending s. 92.231, F.S.; providing for payment
133	of expert witness fees; amending s. 125.69, F.S.;
134	providing funding requirements with respect to prosecution
135	of violations of county ordinances; creating s. 162.30,
136	F.S.; providing for civil actions to enforce county and
137	municipal ordinances; amending ss. 197.532, 197.542, and
138	197.582, F.S.; conforming cross references; amending s.
139	212.055, F.S.; revising the definition of "infrastructure"
140	for purposes of the local government infrastructure
141	surtax; amending s. 318.18, F.S.; requiring payment of
142	civil penalties; amending s. 318.21, F.S.; updating a
143	reference relating to deposit of civil penalties by county
144	courts; amending s. 318.325, F.S.; specifying jurisdiction
145	and procedure for parking infractions; amending s.
146	395.3025, F.S.; conforming cross references; amending s.
147	397.334, F.S.; making treatment-based drug court programs
148	a county option; amending s. 712.06, F.S.; conforming
149	cross references; amending s. 741.30, F.S., relating to
150	domestic violence; providing for certain notice to
151	petitioners relating to indigency; amending s. 790.22,
152	F.S.; removing reference to alternative sanctions
153	coordinators; amending s. 796.07, F.S.; conforming a
154	reference; amending s. 914.06, F.S.; requiring the state
155	to pay for expert witnesses in certain criminal cases;
156	amending s. 914.11, F.S.; requiring the state to pay
157	certain costs and expenses of indigent defendants
158	presently unable to pay; amending s. 916.107, F.S.;
159	providing for right to treatment of forensic clients
160	presently unable to pay; amending s. 916.15, F.S.,
161	relating to involuntary commitment of defendant
162	adjudicated not guilty by reason of insanity; providing
163	for representation by the public defender if the defendant
164	is indigent; amending s. 938.01, F.S., relating to
165	Additional Court Cost Clearing Trust Fund; requiring
166	payment of court costs; amending s. 938.03, F.S., relating
167	to Crimes Compensation Trust Fund; requiring payment of
168	additional court costs; amending s. 938.05, F.S.;
169	requiring payment of additional court costs for felonies,
170	misdemeanors, and criminal traffic offenses and providing
171	for deposit of the proceeds into the General Revenue Fund
172	rather than into a special trust fund of the county;
173	amending s. 938.06, F.S.; removing a restriction on local
174	liability for payment of costs for crime stoppers
175	programs; amending s. 938.19, F.S.; authorizing counties
176	to fund teen courts; authorizing surplus funds for teen
177	courts to be used for juvenile drug courts; amending s.
178	938.27, F.S.; revising provisions relating to judgment for
179	costs on conviction; amending s. 938.29, F.S.; providing
180	payment requirements for certain legal assistance;
181	providing requirements for deposit and use of funds
182	collected for attorney's fees and costs; amending s.
183	938.30, F.S.; specifying financial obligations in criminal
184	cases; amending s. 938.35, F.S.; revising provisions for
185	collection of court-related financial obligations;
186	amending s. 939.06, F.S., relating to acquitted defendant
187	not liable for costs; removing county obligation to pay;
188	amending s. 939.08, F.S.; revising requirements for
189	relating to certification of costs; amending s. 939.12,
190	F.S.; providing for payment of costs against state in
191	Supreme Court; amending s. 947.18, F.S.; conforming a
192	reference; amending s. 948.03, F.S.; conforming a cross
193	reference; amending s. 960.001, F.S.; conforming
194	references; amending s. 984.09, F.S., relating to
195	punishment for contempt of court; eliminating alternative
196	sanctions coordinators; amending s. 984.12, F.S.;
197	eliminating alternative sanctions coordinators from case
198	staffing committees; amending s. 985.203, F.S., relating
199	to right to counsel; providing for imposition of costs of
200	representation; amending s. 985.216, F.S., relating to
201	punishment for contempt of court; eliminating alternative
202	sanctions coordinators; amending s. 985.306, F.S.,
203	relating to delinquency pretrial intervention programs;
204	removing reference to alternative sanctions coordinators;
205	providing for a review of the Florida Accounting
206	Information Resource subsystem and the Uniform Accounting
207	System Manual with respect to Article V funding; requiring
208	implementation of necessary revisions; providing for a
209	study of county expenditures for court-related services;
210	providing requirements; providing for reimbursement of
211	travel costs; requiring a report; creating the Article V
212	Chief Information Officers Coordinating Council; providing
213	for membership, duties, and administrative support;
214	providing for deposit of certain filing fees into the
215	Grants and Donations Trust Fund within the Justice
216	Administrative Commission and prohibiting the expenditure
217	of such funds; providing a statement of important state
218	interest; repealing certain services charges imposed by
219	counties prior to June 30, 2004; authorizing judicial acts
220	to be taken or performed on any day of the week, including
221	Sundays and holidays; repealing s. 25.402, F.S., relating
222	to the County Article V Trust Fund; repealing s. 27.006,
223	F.S., relating to court reporting services; repealing s.
224	27.271, F.S., relating to per diem and mileage for state
225	attorneys and assistant state attorneys; repealing s.
226	27.33, F.S., relating to state attorney submission of
227	annual budget; repealing s. 27.3455, F.S., relating to
228	annual statement of court-related revenues and
229	expenditures; repealing s. 27.36, F.S., relating to the
230	Office of Prosecution Coordination; repealing s. 27.561,
231	F.S., relating to the effect of nonpayment of attorneys'
232	fees or costs by defendant-recipient or parent; repealing
233	s. 27.605, F.S., relating to public defender budget
234	expenditures; repealing s. 29.003, F.S., relating to the
235	phase-in schedule for court funding; repealing s. 29.009,
236	F.S., relating to the contingency fund for criminal-
237	related costs of counties; repealing s. 29.011, F.S.,
238	relating to conflict counsel pilot projects; repealing s.
239	34.201, F.S., relating to the County Article V Trust Fund;
240	repealing s. 43.28, F.S., relating to county provision of
241	court facilities; repealing s. 50.071, F.S., relating to
242	court docket funds; repealing s. 57.091, F.S., relating to
243	costs refunded to counties in certain proceedings relating
244	to state prisoners; repealing s. 218.325, F.S., relating
245	to the uniform chart of accounts and financial reporting
246	for court and justice system costs and revenues; repealing
247	s. 925.035, F.S., relating to appointment and compensation
248	of an attorney in capital cases and appeals from judgments
249	imposing the death penalty; repealing s. 925.036, F.S.,
250	relating to compensation of appointed counsel and
251	prohibition against reassignment or subcontracting of case
252	to another attorney; repealing s. 925.037, F.S., relating
253	to reimbursement of counties for fees paid to appointed
254	counsel and circuit conflict committees; repealing s.
255	939.05, F.S., relating to discharge of insolvent defendant
256	without payment of costs; repealing s. 939.07, F.S.,
257	relating to payment of defendant's witnesses; repealing s.
258	939.10, F.S., relating to duty of board of county
259	commissioners to verify mileage and actual and necessary
260	services and expenses; repealing s. 939.15, F.S., relating
261	to costs paid by counties in cases of insolvency;
262	providing effective dates.
263
264	Be It Enacted by the Legislature of the State of Florida:
265
266	Section 1. Section 25.383, Florida Statutes, is amended to
267	read:
268	25.383 Standards for court reporters; procedures; rules of
269	professional conduct, discipline, and training; fees.--The
270	Supreme Court shall establish minimum standards and procedures
271	for qualifications, certification, discipline, and training for
272	court reporters. The Supreme Court is authorized to set fees to
273	be charged to applicants for certification and renewal of
274	certification. The revenues generated from such fees shall be
275	used to offset the costs of administration of the certification
276	process.The Supreme Court may appoint or employ such personnel
277	as are necessary to assist the court in exercising its powers
278	and performing its duties under this section.
279	Section 2. Section 27.005, Florida Statutes, is amended to
280	read:
281	27.005 Definitions.--As used in parts II and III of this
282	chapter, the following definitions include, but are not limited
283	to:
284	(1) "Communication services" includes postage, required
285	printed documents, all data processing equipment, including
286	terminals, modems, software, printers, wiring, and data lines,
287	radio, courier, messenger and subpoena services, fax equipment
288	and supplies, support services, and telegraph, including
289	maintenance, supplies and line charges.
290	(1)(2)"Conflict attorney" means a private attorney
291	assigned by the court to handle the case of a defendant pursuant
292	to s. 27.5303 who is indigent and whocannot be represented by
293	the public defender due to a conflict of interest or due to the
294	public defender's excessive caseload, as certified to the court
295	by the public defender.
296	(3) "Expert witnesses" includes any individual, firm, or
297	service used by the prosecution or defense to provide
298	information and consultation on specialized areas of art,
299	science, profession, business, or other calling.
300	(2)(4) "Indigency examiner" means the person assigned to
301	employed by the office of the clerk of court and funded by the
302	statecourt or the board of county commissionersto assist the
303	court in investigating and assessing the indigency of any person
304	pursuant to s. 27.52who applies for representation by the
305	public defender or a conflict attorney.
306	(5) "Library services" includes books, periodicals,
307	automated legal research services and line charges, legal
308	documents, and reference books and materials, including
309	maintenance and supplies.
310	(6) "Postindictment and postinformation deposition costs"
311	includes any costs incurred through a deposition, including the
312	use of expert witnesses.
313	(7) "Pretrial" includes any case investigation cost
314	incurred at any time prior to the disposition of a case,
315	including preindictment costs.
316	(8) "Pretrial consultation fees" includes any costs
317	related to the testing, evaluation, investigation, or other
318	case-related services and materials necessary to prosecute,
319	defend, or dispose of a criminal case.
320	(3)(9)"Special assistant public defender" means an
321	attorney who performs contractual legal work or voluntary legal
322	work for the public defender, but who is not a full-time
323	assistant public defender.
324	(10) "Telephone services" includes any equipment,
325	including fax, cellular telephones, pagers, computer lines,
326	telephone switching equipment, and the maintenance, supplies,
327	software, and line charges necessary for operation.
328	(11) "Transportation services" includes the cost of
329	operating any vehicle, aircraft, or watercraft, including
330	gasoline, oil, and maintenance costs, any witness travel
331	expenses, and any witness services.
332	(12) "Travel expenses" includes costs incurred under s.
333	112.061 by the state attorney or public defender, or their
334	designated employees, while on travel prior to the final
335	disposition of a case.
336	Section 3. Section 27.02, Florida Statutes, is amended to
337	read:
338	27.02 Duties before court.--The state attorney shall
339	appear in the circuit and county courts within his or her
340	judicial circuit and prosecute or defend on behalf of the state
341	all suits, applications, or motions, civil or criminal, in which
342	the state is a party, except as provided in chapters 39, 984,
343	and 985. The intake procedures of chapters 39, 984, and 985
344	shall apply as provided therein. The state attorney shall not
345	appear in the circuit and county courts within his or her
346	judicial circuit for the purpose of prosecuting violations of
347	special laws, unless expressly authorized, or violations of
348	county or municipal ordinances, unless ancillary to a state
349	prosecution and authorized by the prosecuting attorney of the
350	county.
351	Section 4. Effective July 1, 2003, section 27.04, Florida
352	Statutes, is amended to read:
353	27.04 Summoning and examining witnesses for state.--The
354	state attorney shall have summoned all witnesses required on
355	behalf of the state; and he or she is allowed the process of his
356	or her court to summon witnesses from throughout the state to
357	appear before the state attorney in or out of term time at such
358	convenient places in the state attorney's judicial circuit and
359	at such convenient times as may be designated in the summons, to
360	testify before him or her as to any violation of the criminal
361	law upon which they may be interrogated, and he or she is
362	empowered to administer oaths to all witnesses summoned to
363	testify by the process of his or her court or who may
364	voluntarily appear before the state attorney to testify as to
365	any violation or violations of the criminallaw.
366	Section 5. Subsections (1) and (5) of section 27.25,
367	Florida Statutes, are amended to read:
368	27.25 State attorney authorized to employ personnel;
369	funding formula.--
370	(1) The state attorney of each judicial circuit is
371	authorized to employ and establish, in such number as is
372	authorized by the General Appropriations Acthe or she shall
373	determine, assistant state attorneys, investigators, and
374	clerical, secretarial, and other staff pursuant to s. 29.005
375	personnel, who shall be paid from funds appropriated for that
376	purpose. The state attorneys of all judicial circuits shall
377	jointly develop a coordinated classification and pay plan which
378	shall be submitted on or before January 1 of each year to the
379	Justice Administrative Commission, the office of the President
380	of the Senate, and the office of the Speaker of the House of
381	Representatives. Such plan shall be developed in accordance with
382	policies and procedures of the Executive Office of the Governor
383	established pursuant to s. 216.181.
384	(5) The appropriations for the offices of state attorneys
385	shall be determined by a funding formula based on population and
386	such other factors as may be deemed appropriate in a manner to
387	be determined by this sectionsubsection and the Generalany
388	subsequentAppropriations Act.
389	Section 6. Section 27.34, Florida Statutes, is amended to
390	read:
391	27.34 Special investigators; state attorney supplemental
392	salary from county or municipality prohibited; contracts for
393	workers' compensation prosecutionsSalaries and other related
394	costs of state attorneys' offices; limitations.--
395	(1) No county or municipality shall appropriate or
396	contribute funds to the operation of the various state
397	attorneys, except that A county or municipality may appropriate
398	or contribute funds to pay the salary of one assistant state
399	attorney whose sole function shall be to prosecute violations of
400	special laws or ordinances of the county or municipality andmay
401	provide persons employed by the county or municipality to the
402	state attorney to serve as special investigators pursuant to the
403	provisions of s. 27.251. However, any county or municipality may
404	contract with the state attorney of the judicial circuit in
405	which such county or municipality is located for the prosecution
406	of violations of county or municipal ordinances. In addition, a
407	county or municipality may appropriate or contribute funds to
408	pay the salary of one or more assistant state attorneys who are
409	trained in the use of the civil and criminal provisions of the
410	Florida RICO Act, chapter 895, and whose sole function is to
411	investigate and prosecute civil and criminal RICO actions when
412	one or more offenses identified in s. 895.02(1)(a) occur within
413	the boundaries of the municipality or county.
414	(2) The state attorneys shall be provided by the counties
415	within their judicial circuits with such office space,
416	utilities, telephone service, custodial services, library
417	services, transportation services, and communication services as
418	may be necessary for the proper and efficient functioning of
419	these offices, except as otherwise provided in the General
420	Appropriations Act. The state attorney's office shall also be
421	provided with pretrial consultation fees for expert or other
422	potential witnesses consulted before trial by the state
423	attorney; travel expenses incurred in criminal cases by a state
424	attorney in connection with out-of-jurisdiction depositions;
425	out-of-state travel expenses incurred by assistant state
426	attorneys or by investigators of state attorneys while
427	attempting to locate and interrogate witnesses for the state
428	attorney in the prosecution of a criminal case; court reporter
429	costs incurred by the state attorney during the course of an
430	investigation and criminal prosecution which costs are certified
431	by the state attorney as being useful and necessary in the
432	prosecution, provided that nothing herein shall be construed to
433	prohibit the county from contesting the reasonableness of the
434	expenditure in the court wherein the criminal case is brought;
435	postindictment and postinformation deposition costs incurred by
436	the state attorney during the course of a criminal prosecution
437	of an insolvent defendant when such costs are certified by the
438	state attorney as being useful and necessary in the prosecution,
439	provided that nothing herein shall be construed to prohibit the
440	county from contesting the reasonableness of the expenditure in
441	the court wherein the criminal case is brought; and the cost of
442	copying depositions of state witnesses taken by the public
443	defender, court-appointed counsel, or private retained counsel,
444	when such costs are certified by the state attorney as being
445	useful and necessary in the prosecution, provided that nothing
446	herein shall be construed to prohibit the county from contesting
447	the reasonableness of the expenditure in the court wherein the
448	criminal case is brought. The office space to be provided by the
449	counties shall not be less than the standards for space
450	allotment adopted by the Department of Management Services, nor
451	shall these services and office space be less than were provided
452	in the prior fiscal year.
453	(2)(3)It is hereby prohibited for any state attorney to
454	receive from any county or municipality any supplemental salary.
455	However in judicial circuits with a population of 1 million or
456	more, state attorneys presently holding office and now receiving
457	a county supplement may continue to receive a county salary
458	supplement at the discretion of the counties for the remainder
459	of their term of office.
460	(3)(4) Notwithstanding s. 27.25, the Chief Financial
461	OfficerInsurance Commissionermay contract with the state
462	attorney of any judicial circuit of the state for the
463	prosecution of criminal violations of the Workers' Compensation
464	Law and related crimes provided that the Chief Financial Officer
465	contributesand may contributefunds for such purposes. Such
466	contracts may provide for the training, salary, and expenses of
467	one or more assistant state attorneys used in the prosecution of
468	such crimes.
469	Section 7. Effective July 1, 2003, section 27.35, Florida
470	Statutes, is amended to read:
471	27.35 Salaries of state attorneys.—
472	(1)Each state attorney shall receive as salary the amount
473	provided in the General Appropriations Actsubsection (2) and
474	subsequent appropriations acts.
475	(2) The annual salaries for state attorneys shall be as
476	follows:
477	(a) In those circuits having a population of 100,000 or
478	less $28,000.
479	(b) In those circuits having a population of more than
480	100,000 but less than 200,000 30,000.
481	(c) In those circuits having a population of more than
482	200,000 32,000.
483	Section 8. Section 27.385, Florida Statutes, is amended to
484	read:
485	27.385 Budget expenditures.--
486	(1) Notwithstanding provisions to the contrary in s.
487	27.34(2), a state attorney may expend appropriated state funds
488	for items that are enumerated in that subsection.
489	(2)Each state attorney shall, by October 1 of each fiscal
490	year, submit a report to the Legislative Budget Commission
491	showing the amount of state funds expended during the previous
492	fiscal year ending in June for the items enumerated in s. 29.005
493	27.34(2). The Justice Administrative Commission shall prescribe
494	the format of this report.
495	Section 9. Part III of chapter 27, entitled "Public
496	Defenders," is retitled as "Public Defenders and Other Court-
497	appointed Counsel," and shall consist of sections 27.40, 27.50,
498	27.51, 27.512, 27.52, 27.525, 27.53, 27.5301, 27.5302, 27.5303,
499	27.5304, 27.54, 27.55, 27.561, 27.562, 27.58, 27.59, and 27.605,
500	Florida Statutes.
501	Section 10. Section 27.40, Florida Statutes, is created to
502	read:
503	27.40 Court-appointed counsel; statewide registry; minimum
504	requirements; appointment by court.--
505	(1) Counsel shall be appointed to represent any individual
506	in a criminal or civil proceeding entitled to court-appointed
507	counsel under the Federal or State Constitution or as authorized
508	by general law. The court shall appoint a public defender to
509	represent indigent persons as authorized in s. 27.51. Private
510	attorneys shall be appointed to represent indigents in those
511	cases in which provision is made for court-appointed counsel but
512	the public defender is unable to provide representation due to a
513	conflict of interest or is not authorized to provide
514	representation.
515	(2)(a) Private attorneys appointed by the court to provide
516	representation shall be selected from the statewide registry
517	established by the Justice Administrative Commission.
518	(b) The executive director of the Justice Administrative
519	Commission shall compile and maintain a statewide registry of
520	attorneys in private practice, by county and circuit and by
521	categories of cases, certifying that they meet the minimum
522	requirements of this section for appointment by the court and
523	are available to represent indigent defendants in cases
524	requiring court appointment of private counsel. The attorney
525	shall be responsible for notifying the Justice Administrative
526	Commission of any change in status. Failure to comply with this
527	requirement shall be cause for removal from the registry until
528	the requirement is fulfilled.
529	(c) The court shall appoint attorneys in rotating order in
530	the order in which names appear on the registry, unless the
531	court makes a finding of good cause on the record for appointing
532	an attorney out of order. An attorney not appointed in the order
533	in which his or her name appears on the list shall remain next
534	in order.
535	(d) If he or she finds the number of attorneys on the
536	registry in a county or circuit for a particular category of
537	case is inadequate, the executive director of the Justice
538	Administrative Commission shall notify the chief judge of the
539	particular circuit in writing. The chief judge shall submit the
540	names of at least three private attorneys with relevant
541	experience. The executive director shall send an application to
542	each of these attorneys to register for appointment.
543	(e) The executive director may advertise in legal
544	publications and other appropriate media for qualified attorneys
545	interested in registering for appointment as counsel.
546	(f) Not later than September 1 of each year, and as
547	necessary thereafter, the executive director shall provide to
548	the Chief Justice of the Supreme Court, the chief judge, the
549	state attorney and public defender in each judicial circuit, and
550	the clerk of court a current copy of the statewide registry. The
551	registry must be indexed by judicial circuit, by county, and by
552	categories of cases.
553	(3) To be included on the statewide registry, an attorney
554	must be a member in good standing of The Florida Bar in addition
555	to any other qualifications specified by general law.
556	(4) The Justice Administrative Commission shall approve
557	contract forms for use in procuring the services of private
558	court-appointed counsel.
559	(5) Each attorney shall pay a reasonable annual fee to be
560	included on the registry, unless registering at the request of
561	the chief judge because of an inadequate number of available
562	attorneys. The fee shall be set by the Justice Administrative
563	Commission in an amount sufficient to recoup the cost to
564	establish and maintain the registry. However, the annual fee
565	shall not exceed $25 per attorney. The amounts collected shall
566	be forwarded to the Department of Revenue for deposit into the
567	Grants and Donations Trust Fund within the Justice
568	Administrative Commission.
569	(6) After court appointment, the attorney must immediately
570	file a notice of appearance with the court indicating acceptance
571	of the appointment to represent the defendant, in accordance
572	with this section or until released by order of the trial court.
573	(7)(a) An attorney appointed to represent a defendant or
574	other client is entitled to payment of attorney's fees and
575	expenses pursuant to s. 27.5304, only upon full performance by
576	the attorney of specified duties, approval of payment by the
577	court, and attorney submission of a payment request to the
578	Justice Administrative Commission. If an attorney is permitted
579	to withdraw or is otherwise removed from representation prior to
580	full performance of the duties specified in this section, the
581	trial court shall approve payment of attorney's fees and costs
582	for work performed in an amount not to exceed the amounts
583	specified in s. 27.5304.
584	(b) The attorney shall maintain appropriate documentation,
585	including a current and detailed hourly accounting of time spent
586	representing the defendant or other client.
587	(8) Subject to the attorney-client, work-product
588	privilege, an attorney who withdraws or is removed from
589	representation shall deliver all files, notes, documents, and
590	research to the successor attorney within 15 days after
591	receiving notice from the successor attorney. The successor
592	attorney shall bear the cost of transmitting all files, notes,
593	documents, and research.
594	(9) The court shall monitor the performance of private
595	court-appointed counsel to ensure that defendants or other
596	clients are receiving quality representation. The court shall
597	also receive and evaluate allegations made regarding the
598	performance of court-appointed counsel. The Justice
599	Administrative Commission or any interested person may advise
600	the court of any circumstance that could affect the quality of
601	representation, including, but not limited to, false or
602	fraudulent billing, misconduct, failure to meet continuing legal
603	education requirements, solicitation to receive compensation
604	from the defendant or other client the attorney is appointed to
605	represent, or failure to file appropriate motions in a timely
606	manner.
607	(10) This section does not apply to attorneys appointed to
608	represent persons in postconviction capital collateral cases
609	pursuant to part IV of this chapter.
610	Section 11. Section 27.51, Florida Statutes, is amended to
611	read:
612	27.51 Duties of public defender.--
613	(1) The public defender shall represent, without
614	additional compensation, any person who is determined by the
615	courtto be indigent as provided in s. 27.52 and who is:
616	(a) Under arrest for, or is charged with, a felony;
617	(b) Under arrest for, or is charged with, a misdemeanor
618	authorized for prosecution by the state attorney, a violation of
619	chapter 316 which is punishable by imprisonment, orcriminal
620	contempt, or a violation of a municipal or county ordinance in
621	the county court,unless the court, prior to trial, files in the
622	cause an order of no imprisonment which states that the
623	defendant will not be imprisoned if he or she is convicted;
624	(c) Alleged to be a delinquent child pursuant to a
625	petition filed before a circuit court; or
626	(d) Sought by petition filed in such court to be
627	involuntarily placed as a mentally ill person or sexually
628	violent predator or involuntarily admitted to residential
629	services as a person with developmental disabilities. However, a
630	public defender does not have the authority to represent any
631	person who is a plaintiff in a civil action brought under the
632	Florida Rules of Civil Procedure, the Federal Rules of Civil
633	Procedure, or the federal statutes, or who is a petitioner in an
634	administrative proceeding challenging a rule under chapter 120,
635	unless specifically authorized by statute; or
636	(e) Convicted and sentenced to death for purposes of
637	prosecuting an appeal to the Supreme Court.
638	(2) The court may not appoint the public defender to
639	represent, even on a temporary basis, any person who is not
640	indigent. The court, however, may appoint private counsel in
641	capital cases as provided in ss. 27.40 and 27.5303s. 925.035.
642	(3) Each public defender shall serve on a full-time basis
643	and is prohibited from engaging in the private practice of law
644	while holding office. Assistant public defenders shall give
645	priority and preference to their duties as assistant public
646	defenders and shall not otherwise engage in the practice of
647	criminal law.
648	(4) The public defender for a judicial circuit enumerated
649	in this subsection shall, after the record on appeal is
650	transmitted to the appellate court by the office of the public
651	defender which handled the trial and if requested by any public
652	defender within the indicated appellate district, handle all
653	felony appeals to the state and federal courts required of the
654	official making such request:
655	(a) Public defender of the second judicial circuit, on
656	behalf of any public defender within the district comprising the
657	First District Court of Appeal.
658	(b) Public defender of the tenth judicial circuit, on
659	behalf of any public defender within the district comprising the
660	Second District Court of Appeal.
661	(c) Public defender of the eleventh judicial circuit, on
662	behalf of any public defender within the district comprising the
663	Third District Court of Appeal.
664	(d) Public defender of the fifteenth judicial circuit, on
665	behalf of any public defender within the district comprising the
666	Fourth District Court of Appeal.
667	(e) Public defender of the seventh judicial circuit, on
668	behalf of any public defender within the district comprising the
669	Fifth District Court of Appeal.
670	(5) When the public defender for a judicial circuit
671	enumerated in subsection (4) has represented at trial a person
672	sentenced to death, the public defender shall not represent that
673	person in any direct appellate proceedings. That public defender
674	shall notify the Florida Supreme Court within 10 days after
675	filing a notice of appeal, and the Court shall appoint another
676	public defender enumerated in subsection (4) to represent the
677	person in any direct appellate proceedings.
678	(5)(6)(a) When direct appellate proceedings prosecuted by
679	a public defender on behalf of an accused and challenging a
680	judgment of conviction and sentence of death terminate in an
681	affirmance of such conviction and sentence, whether by the
682	Florida Supreme Court or by the United States Supreme Court or
683	by expiration of any deadline for filing such appeal in a state
684	or federal court, the public defender shall notify the accused
685	of his or her rights pursuant to Rule 3.850, Florida Rules of
686	Criminal Procedure, including any time limits pertinent thereto,
687	and shall advise such person that representation in any
688	collateral proceedings is the responsibility of the capital
689	collateral representative. The public defender shall then
690	forward all original files on the matter to the capital
691	collateral representative, retaining such copies for his or her
692	files as may be desired. However, the trial court shall retain
693	the power to appoint the public defender or other attorney not
694	employed by the capital collateral representative to represent
695	such person in proceedings for relief by executive clemency
696	pursuant to ss. 27.40 and 27.5303s. 925.035.
697	(b) It is the intent of the Legislature that any public
698	defender representing an inmate in any collateral proceedings in
699	any court on June 24, 1985, shall continue representation of
700	that inmate in all postconviction proceedings unless relieved of
701	responsibility from further representation by the court.
702	(6)(7)A sum shall be appropriated to the public defender
703	of each judicial circuit enumerated in subsection (4) for the
704	employment of assistant public defenders and clerical employees
705	and the payment of expenses incurred in cases on appeal.
706	Section 12. Section 27.52, Florida Statutes, is amended to
707	read:
708	27.52 Determination of indigency.--
709	(1)(a) The state shall employ indigency examiners assigned
710	to the offices of the clerk of court. Examiners shall determine
711	the indigent status of each person applying for appointment of a
712	determination of indigency for purposes of appointing thepublic
713	defender, a privateor conflict attorney, or any court-related
714	services the provision of which is based on indigent status.
715	This determinationshall be made by the court, andmay be made
716	at any stage of the proceedings. The applicant may seek review
717	of an examiner's determination denying indigent status in the
718	court having jurisdiction over the matter.Before appointing the
719	public defender or a privateconflict attorney, or providing any
720	court-related service the provision of which is based on
721	indigent status, the court shall receive the determination of
722	indigency from the examiner. If the examiner has not completed
723	the indigency determination at the time a person requests
724	appointment of a public defender or private attorney or
725	provision of other services, the courtconsider a completed
726	affidavit that contains the financial information required under
727	paragraph (f) andshall make a preliminary determination of
728	indigency, pending verification by the indigency examiner.
729	(2)(a) Any person applying for appointment of a public
730	defender, a private attorney, or any court-related services the
731	provision of which is based on indigent status shall pay a $40
732	application fee to the clerk of court and submit a completed
733	affidavit containing the financial information required under
734	paragraph (f) and stating that the affidavit is signed under
735	oath and under penalty of perjury.
736	(b) The person shall pay the application fee at the time
737	the financial affidavit is filed or within 7 days thereafter. If
738	not paid within 7 days, the applicant shall be enrolled by the
739	clerk in a payment program to recover unpaid fees, in full, with
740	periodic payment amounts corresponding to the applicant's
741	ability to pay.
742	(b) An accused person, or if applicable a parent or legal
743	guardian of an accused minor or an accused adult tax-dependent
744	person, asserting indigency and requesting representation by the
745	public defender or a conflict attorney, shall file with the
746	court a completed affidavit containing the financial information
747	required under paragraph (f) and stating that the affidavit is
748	signed under oath and under penalty of perjury.
749	(c) Each person who requests the appointment of the public
750	defender or a conflict attorney shall pay to the clerk of the
751	court an application fee of $40, as ordered by the court, at the
752	time the financial affidavit is filed, or within 7 days
753	thereafter. If not paid within 7 days, the application fee shall
754	be assessed at sentencing or at the final disposition of the
755	case. The application fee shall be assessed for each affidavit
756	filed against a defendant who requests appointment of the public
757	defender or a conflict attorney. A defendant who isfound to be
758	indigent may not be refused counsel or any services the
759	provision of which is based on indigencyfor failure to pay the
760	application fee. The defendant shall pay a separate application
761	fee for each affidavit filed.
762	(d) If the court finds that the accused person applying
763	for representation appears to be indigent based upon the
764	financial affidavit required under paragraph (f), the court
765	shall appoint the public defender or a privateconflictattorney
766	to provide representation. If the application fee is not paid
767	prior to the disposition of the case, the clerk shall advise the
768	sentencing judge of this fact and the court shall:
769	1. Assess the application fee as part of the sentence or
770	as a condition of probation; or
771	2. Assess the application fee pursuant to s. 938.29.
772
773	If the indigency examiner finds discrepancies between the
774	financial affidavit and the examiner's investigation of assets,
775	the indigency examiner shall submit the information to the court
776	and the court shall determine whether the public defender or
777	privateconflictattorney shall continue representation. The
778	defendant may be heard regarding the information discovered by
779	the indigency examiner. If the court, based on the information
780	provided, determines that the defendant is not indigent, the
781	court shall order that the public defender or privateconflict
782	attorney discontinue representation. Notwithstanding any
783	provision of law or local order to the contrary, the clerk of
784	the court shall assign the first $40 of any court assessedfees
785	or costs that are paid by an indigent defendant as payment of
786	for the application fee. In no event should a person who is
787	found to be indigent be refused counsel for failure to pay the
788	fee.
789	(e) All application fees shall be transferred monthly by
790	the clerk of the court to the Department of Revenue for deposit
791	into the General Revenue Fundto the Indigent Criminal Defense
792	Trust Fund, administered by the Justice Administrative
793	Commission, to be used to supplement the general revenue funds
794	appropriated by the Legislature to the public defenders. The
795	clerk of the court may retain 2 percent of application fees
796	collected monthly for administrative costs prior to remitting
797	the remainder to the Department of Revenue.
798	(f) The affidavit must contain the following financial
799	information and calculations as to the accused person's income:
800	1. Net income.--Total salary and wages, minus deductions
801	required by law, including court-ordered support payments.
802	2. Other income.--Including, but not limited to, social
803	security benefits, union funds, veterans' benefits, workers'
804	compensation, other regular support from absent family members,
805	public or private employee pensions, unemployment compensation,
806	dividends, interest, rent, trusts, and gifts.
807	3. Assets.--Including, but not limited to, cash, savings
808	accounts, bank accounts, stocks, bonds, certificates of deposit,
809	equity in real estate, and equity in a boat or a motor vehicle
810	or in other tangible property.
811	(g) The income of an accused minor or an accused adult
812	tax-dependent person who is substantially supported by a parent
813	or parents or by a guardian, or who continues to be claimed as a
814	dependent for tax purposes, shall include the income of that
815	dependent person's parent or parents or guardian, except a
816	parent or guardian who has an adverse interest in the
817	proceeding.
818	(h) In addition to the financial information, the
819	affidavit must contain the following statement: "I, ... (name
820	of accused person) ..., agree to report any change in my
821	financial situation to the court or to the indigency examiner."
822	(3)(2)(a) After reviewing the affidavit and questioning
823	the accused person, the examinercourtshall make one of the
824	following determinations:
825	1. The accused person is indigent.
826	2. The accused person is not indigent.
827	(b) An accused person, or an accused minor's or accused
828	adult tax-dependent person's parent or guardian, is indigent if:
829	1. The income of the person is equal to or below 150250
830	percent of the then-current federal poverty guidelines
831	prescribed for the size of the household of the accused by the
832	United States Department of Health and Human Services or if the
833	person is receiving Aid to Families with Dependent Children
834	(AFDC), poverty-related veterans' benefits, or Supplemental
835	Security Income (SSI); or
836	2. The person is unable to pay for the services of an
837	attorney without substantial hardship to his or her family.
838	(c) In determining whether a defendant is indigent, the
839	court shall determine whether any of the following facts exist,
840	and the existence of any such fact creates a presumption that
841	the defendant is not indigent:
842	1. The defendant has been released on bail in the amount
843	of $5,000 or more.
844	2. The defendant owns, or has equity in, any intangible or
845	tangible personal property or real property or the expectancy of
846	an interest in any such property.
847	3. The defendant retained private counsel immediately
848	before or after filing the affidavit asserting indigency
849	pursuant to subsection (1).
850	(d) A nonindigent parent or legal guardian of an accused
851	minor or an accused adult tax-dependent person shall furnish the
852	minor or dependent person with the necessary legal services and
853	costs incident to a delinquency proceeding or, upon transfer of
854	such person for criminal prosecution as an adult pursuant to
855	chapter 985, a criminal prosecution, in which the person has a
856	right to legal counsel under the Constitution of the United
857	States or the Constitution of the State of Florida. The failure
858	of a parent or legal guardian to furnish legal services and
859	costs under this section does not bar the appointment of legal
860	counsel pursuant to s. 27.40 ors. 27.53. When the public
861	defender, a special assistant public defender appointed pursuant
862	to s. 27.53(2), or aappointed private attorneylegal counselis
863	appointed to represent an accused minor or an accused adult tax-
864	dependent person in any proceeding in circuit court or in a
865	criminal proceeding in any other court, the parents or the legal
866	guardian shall be liable for the fees and costs of such
867	representation even if the person is a minor being tried as an
868	adult. Liability for the costs of such representation may be
869	imposed in the form of a lien against the property of the
870	nonindigent parents or legal guardian of the accused minor or
871	accused adult tax-dependent person, which lien is enforceable as
872	provided in s. 27.561 ors. 938.29. The court shall determine
873	the amount of the obligation; and, in determining the amount of
874	the obligation, the court shall follow the procedure outlined by
875	this section.
876	(4)(3) If the trial court determines, within 2 years after
877	the determination of indigency,that any accused was erroneously
878	or improperly determined to be indigent, the state attorney
879	shall, in the name of the state, proceed against such accused
880	for the reasonable value of the services rendered to the
881	accused,and including all costs paid by the state or countyin
882	his or her behalf. Any amount recovered shall be remitted to the
883	Department of Revenue for deposit into the General Revenue Fund
884	board of county commissioners of the county wherein the accused
885	was tried. The funds shall be deposited in the fine and
886	forfeiture fund of that county and be used to defray the
887	expenses incurred by the county with respect to the defense of
888	defendants in criminal prosecutions.
889	(5) An individual determined to be indigent and seeking to
890	defer payment of fees, charges, or costs imposed by operation of
891	law or order of the court under this section or any other
892	provision of general law imposing fees, charges, or costs, shall
893	be enrolled by the clerk in a payment program to recover unpaid
894	costs in full, with periodic payment amounts corresponding to
895	the individual's ability to pay.
896	Section 13. Section 27.53, Florida Statutes, is amended to
897	read:
898	27.53 Appointment of assistants and other staff; method of
899	payment.--
900	(1) The public defender of each judicial circuit is
901	authorized to employ and establish, in such numbers as
902	authorized by the General Appropriations Actas he or she shall
903	determine, assistant public defenders, investigators, and other
904	staff personnel pursuant to s. 29.006,who shall be paid from
905	funds appropriated for that purpose. Notwithstanding the
906	provisions of s. 790.01, s. 790.02, or s. 790.25(2)(a), an
907	investigator employed by a public defender, while actually
908	carrying out official duties, is authorized to carry concealed
909	weapons if the investigator complies with s. 790.25(3)(o).
910	However, such investigators are not eligible for membership in
911	the Special Risk Class of the Florida Retirement System. The
912	public defenders of all judicial circuits shall jointly develop
913	a coordinated classification and pay plan which shall be
914	submitted on or before January 1 of each year to the Justice
915	Administrative Commission, the office of the President of the
916	Senate, and the office of the Speaker of the House of
917	Representatives. Such plan shall be developed in accordance with
918	policies and procedures of the Executive Office of the Governor
919	established in s. 216.181. Each assistant public defender
920	appointed by a public defender under this section shall serve at
921	the pleasure of the public defender. Each investigator employed
922	by a public defender shall have full authority to serve any
923	witness subpoena or court order issued, by any court or judge
924	within the judicial circuit served by such public defender, in a
925	criminal case in which such public defender has been appointed
926	to represent the accused.
927	(2) Any member in good standing of The Florida Bar, in
928	goodstanding,may register his or her availability to the
929	public defender of any judicial circuit for acceptance of
930	special assignments pro bonowithout salaryto represent
931	indigent defendants. The attorney may be reimbursed for expenses
932	in accordance with s. 29.007.Such persons shall be listed and
933	referred to as special assistant public defenders and be paid a
934	fee and costs and expenses as provided in s. 925.036. A special
935	assistant public defender may not reassign or subcontract a case
936	to another attorney.
937	(3) If, at any time during the representation of two or
938	more indigents, the public defender determines that the
939	interests of those accused are so adverse or hostile that they
940	cannot all be counseled by the public defender or his or her
941	staff without conflict of interest, or that none can be
942	counseled by the public defender or his or her staff because of
943	conflict of interest, the public defender shall file a motion to
944	withdraw and move the court to appoint other counsel. The court
945	shall review and may inquire or conduct a hearing into the
946	adequacy of the public defender's representations regarding a
947	conflict of interest without requiring the disclosure of any
948	confidential communications. The court shall permit withdrawal
949	unless the court determines that the asserted conflict is not
950	prejudicial to the indigent client. If the court grants the
951	motion to withdraw, it may appoint one or more members of The
952	Florida Bar, who are in no way affiliated with the public
953	defender, in his or her capacity as such, or in his or her
954	private practice, to represent those accused. However, the trial
955	court shall appoint such other counsel upon its own motion when
956	the facts developed upon the face of the record and files in the
957	cause disclose such conflict. The court shall advise the
958	appropriate public defender and clerk of court, in writing, when
959	making such appointment and state the conflict prompting the
960	appointment. The appointed attorney shall be compensated as
961	provided in s. 925.036.
962	(3)(4)The appropriations for the offices of public
963	defender shall be determined by a funding formula and such other
964	factors as may be deemed appropriate in a manner to be
965	determined by this sectionsubsection and the Generalany
966	subsequentAppropriations Act.
967	Section 14. Effective July 1, 2003, section 27.5301,
968	Florida Statutes, is amended to read:
969	27.5301 Salaries of public defenders and assistant public
970	defenders.--
971	(1) The salaries of public defenders, to be paid by the
972	state,shall be as provided in the General Appropriations Act
973	and shall be paid in equal monthly installments.
974	(2) The salary for each assistant public defender shall be
975	set by the public defender of the same judicial circuit in an
976	amount not to exceed 100 percent of that public defender's
977	salary and shall be paid from funds appropriated for that
978	purpose. Assistant public defenders who serve in less than a
979	full-time capacity shall be compensated for services performed
980	in an amount to be in proportion to the salary allowed for full-
981	time services.
982	Section 15. Section 27.5303, Florida Statutes, is created
983	to read:
984	27.5303 Public defenders; conflict of interest.--
985	(1)(a) If, at any time during the representation of two or
986	more defendants, a public defender determines that the interests
987	of those accused are so adverse or hostile that they cannot all
988	be counseled by the public defender or his or her staff without
989	conflict of interest, or that none can be counseled by the
990	public defender or his or her staff because of a conflict of
991	interest, then the public defender shall file a motion to
992	withdraw and move the court to appoint other counsel. The public
993	defender shall submit a copy of the motion to the Justice
994	Administrative Commission at the time it is filed with the
995	court. The court shall review and may inquire or conduct a
996	hearing into the adequacy of the public defender's
997	representations regarding a conflict of interest without
998	requiring the disclosure of any confidential communications. The
999	court shall deny the motion to withdraw if the court finds the
1000	grounds for withdrawal are insufficient or the asserted conflict
1001	is not prejudicial to the indigent client. If the court grants
1002	the motion to withdraw, the court shall appoint one or more
1003	attorneys to represent the accused.
1004	(b) Upon its own motion, the court shall appoint such
1005	other counsel when the facts developed upon the face of the
1006	record and court files in the case disclose a conflict of
1007	interest. The court shall advise the appropriate public defender
1008	and clerk of court, in writing, with a copy to the Justice
1009	Administrative Commission, when making the motion and appointing
1010	one or more attorneys to represent the accused. The court shall
1011	specify the basis for the conflict.
1012	(2) In appointing conflict counsel, the court shall
1013	appoint from among those attorneys included on the statewide
1014	registry maintained by the Justice Administrative Commission
1015	pursuant to s. 27.40, and in accordance with the selection
1016	method specified therein. The appointed attorney may not be
1017	affiliated with the public defender or any assistant public
1018	defender in his or her official capacity or any other private
1019	attorney appointed to represent a codefendant.
1020	(3) A court-appointed private attorney shall be
1021	compensated as provided in s. 27.5304 in accordance with
1022	compensation standards adopted by the Legislature after
1023	receiving recommendations from the Article V Indigent Services
1024	Advisory Board.
1025	(4)(a) If a defendant is convicted and the death sentence
1026	is imposed, the appointed attorney shall continue representation
1027	through appeal to the Supreme Court. The attorney shall be
1028	compensated as provided in s. 27.5304. If the attorney first
1029	appointed is unable to handle the appeal, the court shall
1030	appoint another attorney and that attorney shall be compensated
1031	as provided in s. 27.5304.
1032	(b) The public defender or an attorney appointed pursuant
1033	to this section may be appointed by the court rendering the
1034	judgment imposing the death penalty to represent an indigent
1035	defendant who has applied for executive clemency as relief from
1036	the execution of the judgment imposing the death penalty.
1037	(c) When the appointed attorney in a capital case has
1038	completed the duties imposed by this section, the attorney shall
1039	file a written report in the trial court stating the duties
1040	performed by the attorney and apply for discharge.
1041	Section 16. Section 27.5304, Florida Statutes, is created
1042	to read:
1043	27.5304 Private court-appointed counsel; compensation.--
1044	(1) A private court-appointed attorney shall be
1045	compensated by the Justice Administrative Commission in
1046	accordance with standards adopted by the Legislature after
1047	receiving recommendations from the Article V Indigent Services
1048	Advisory Board. However, compensation shall not exceed the
1049	maximum fee limits established by this section. The attorney
1050	also shall be reimbursed for reasonable and necessary expenses
1051	in accordance with s. 29.007. If the attorney is representing a
1052	defendant charged with more than one offense in the same case,
1053	the attorney shall be compensated at the rate provided for the
1054	most serious offense for which he or she represented the
1055	defendant. This section does not allow stacking of the fee
1056	limits established by this section.
1057	(2) Prior to filing a motion for an order approving
1058	payment of attorney's fees, costs, or related expenses, the
1059	private court–appointed counsel shall deliver a copy of the
1060	intended billing, together with supporting affidavits and all
1061	other necessary documentation, to the Justice Administrative
1062	Commission. The Justice Administrative Commission shall have 10
1063	business days after receipt to review the billings, affidavit,
1064	and documentation for completeness and compliance with
1065	contractual and statutory requirements. If the Justice
1066	Administrative Commission objects to any portion of the proposed
1067	billing, the objection and reasons therefor shall be
1068	communicated to the court-appointed counsel. The private court-
1069	appointed counsel may thereafter file his or her motion for
1070	order approving payment of attorney's fees, costs, or related
1071	expenses together with supporting affidavits and all other
1072	necessary documentation. The motion must specify whether the
1073	Justice Administrative Commission objects to any portion of the
1074	billing or the sufficiency of documentation and, if so, the
1075	reasons therefor. A copy of the motion and attachments shall be
1076	served on the Justice Administrative Commission. The Justice
1077	Administrative Commission shall have standing to appear before
1078	the court to contest any motion for order approving payment of
1079	attorney's fees, costs, or related expenses. The fact that the
1080	Justice Administrative Commission has not objected to any
1081	portion of the billing or to the sufficiency of the
1082	documentation is not binding on the court. The court retains
1083	primary authority and responsibility for determining the
1084	reasonableness of all billings for fees, costs, and related
1085	expenses, subject to statutory limitations.
1086	(3) The compensation for representation in a criminal
1087	proceeding shall not exceed the following:
1088	(a)1. For misdemeanors and juveniles represented at the
1089	trial level: $1,000.
1090	2. For noncapital, nonlife felonies represented at the
1091	trial level: $2,500.
1092	3. For life felonies represented at the trial level:
1093	$3,000.
1094	4. For capital cases represented at the trial level:
1095	$3,500.
1096	5. For representation on appeal: $2,000.
1097	(b) If a death sentence is imposed and affirmed on appeal
1098	to the Supreme Court, the appointed attorney shall be allowed
1099	compensation, not to exceed $1,000, for attorney's fees and
1100	costs incurred in representing the defendant as to an
1101	application for executive clemency, with compensation to be paid
1102	out of general revenue from funds budgeted to the Department of
1103	Corrections.
1104	(4) By January 1, 2004, the Article V Indigent Services
1105	Advisory Board shall recommend to the Legislature proposed
1106	compensation standards for private attorneys providing
1107	representation in a civil proceeding in which court-appointed
1108	counsel is required.
1109	(5) If counsel is entitled to receive compensation for
1110	representation pursuant to court appointment in a termination of
1111	parental rights proceeding under s. 39.0134, such compensation
1112	shall not exceed $1,000 at the trial level and $2,500 at the
1113	appellate level.
1114	(6) A private attorney appointed in lieu of the public
1115	defender to represent an indigent defendant may not reassign or
1116	subcontract the case to another attorney.
1117	Section 17. Section 27.54, Florida Statutes, is amended to
1118	read:
1119	27.54 Expenditures for public defender's office.--
1120	(1) All payments for the salary of the public defender and
1121	the necessary expenses of office, including salaries of
1122	assistants and staff, shall be considered as being for a valid
1123	public purpose. Travel expenses shall be paid in accordance with
1124	the provisions of s. 112.061.
1125	(2) No county or municipality shall appropriate or
1126	contribute funds to the operation of the offices of the various
1127	public defenders, except that a county or municipality may
1128	appropriate or contribute funds to:
1129	(a) Pay the salary of one assistant public defender whose
1130	sole function shall be to defend indigents charged with
1131	violations of special laws or with violations of ordinances of
1132	the county or municipality.
1133	(b)employ legal and support staff to be supervised by the
1134	public defender upon certification by the public defender that
1135	inadequate resources will result in withdrawal from current
1136	cases or inability to accept additional appointments.
1137	(3) The public defenders shall be provided by the counties
1138	within their judicial circuits with such office space,
1139	utilities, telephone services, custodial services, library
1140	services, transportation services, and communication services as
1141	may be necessary for the proper and efficient functioning of
1142	these offices, except as otherwise provided in the General
1143	Appropriations Act. The public defender's offices shall also be
1144	provided with pretrial consultation fees for expert or other
1145	potential witnesses consulted before trial by the public
1146	defender; travel expenses incurred in criminal cases by a public
1147	defender in connection with out-of-jurisdiction depositions;
1148	out-of-state and out-of-jurisdiction travel expenses incurred by
1149	public defenders or by investigators of public defenders while
1150	attempting to locate and interrogate witnesses for the public
1151	defender in the defense of a criminal case; court reporter costs
1152	incurred by the public defender during the course of an
1153	investigation and criminal prosecution, which costs are
1154	certified by the public defender as being useful and necessary
1155	in the preparation of a criminal defense, provided that nothing
1156	herein shall be construed to prohibit the county from contesting
1157	the reasonableness of the expenditure in the court wherein the
1158	criminal case is brought; postindictment and postinformation
1159	deposition costs incurred by the public defender during the
1160	course of a criminal prosecution of an indigent defendant when
1161	such costs are certified by the public defender as being useful
1162	and necessary in the preparation of a criminal defense, provided
1163	that nothing herein shall be construed to prohibit the county
1164	from contesting the reasonableness of the expenditure in the
1165	court wherein the criminal case is brought; and the cost of
1166	copying depositions of defense witnesses taken by the state
1167	attorney when such costs are certified by the public defender as
1168	being useful and necessary in the preparation of a criminal
1169	defense, provided that nothing herein shall be construed to
1170	prohibit the county from contesting the reasonableness of the
1171	expenditure in the court wherein the criminal case is brought.
1172	The office space and utilities to be provided by the counties
1173	shall not be less than the standards for space allotment adopted
1174	by the Department of Management Services. The counties shall not
1175	provide less of these services than were provided in the
1176	previous fiscal year.
1177	(3)(4)No public defender or assistant public defender
1178	shall receive from any county or municipality any supplemental
1179	salary, except as provided in this section.
1180	Section 18. Section 27.562, Florida Statutes, is amended
1181	to read:
1182	27.562 Disposition of funds.--All funds collected pursuant
1183	to s. 938.29, except the application fee imposed under s. 27.52,
1184	shall be remitted to the Department of Revenue for deposit into
1185	the General Revenue Fundboard of county commissioners of the
1186	county in which the judgment was entered. Such funds shall be
1187	placed in the fine and forfeiture fund of that county to be used
1188	to defray the expenses incurred by the county in defense of
1189	criminal prosecutions. All judgments entered pursuant to this
1190	part shall be in the name of the statecounty in which the
1191	judgment was rendered.
1192	Section 19. Section 27.58, Florida Statutes, is amended to
1193	read:
1194	27.58 Administration of Public Defender Services.--The
1195	public defender of each judicial circuit of the state shall be
1196	the chief administrator of all public defender services
1197	authorized under s. 27.51 within the circuit whether such
1198	services are rendered by the state or county public defenders.
1199	Section 20. Paragraph (b) of subsection (3) of section
1200	27.702, Florida Statutes, is amended to read:
1201	27.702 Duties of the capital collateral regional counsel;
1202	reports.--
1203	(3)
1204	(b) The court having jurisdiction over any nonindigent or
1205	indigent-but-able-to-contribute defendant who has been receiving
1206	the services of the capital collateral regional counsel may
1207	assess attorney's fees and costs against the defendant at any
1208	stage in the proceedings as the court may deem appropriate. The
1209	determination of indigency or nonindigency of any defendant
1210	shall be made by the courtpursuant to s. 27.52. Liability for
1211	the costs of such representation may be imposed in the form of a
1212	lien against the property of the nonindigent or indigent-but-
1213	able-to-contribute defendant, which lien shall be enforceable as
1214	provided in s. 27.561 ors. 938.29.
1215	Section 21. Section 28.215, Florida Statutes, is created
1216	to read:
1217	28.215 Pro se assistance.--The clerk of the circuit court
1218	shall provide assistance to pro se litigants. Assistance shall
1219	not include providing legal advice.
1220	Section 22. Section 28.24, Florida Statutes, is amended to
1221	read:
1222	28.24 Service charges by clerk of the circuit court.--The
1223	clerk of the circuit court shall make the following charges for
1224	services rendered by the clerk's office in recording documents
1225	and instruments and in performing the duties enumerated.
1226	However, in those counties where the clerk's office operates as
1227	a fiscal unit of the county pursuant to s. 145.022(1), the clerk
1228	shall not charge the county for such services, except for
1229	charges for court-related services when the county or
1230	municipality is a party to the action. Notwithstanding any other
1231	provision of this section, the clerk of the circuit court shall
1232	provide without charge to any justice, judge, state attorney, or
1233	public defender, or any court staff acting on behalf of any
1234	justice, judge, state attorney, or public defender, access to
1235	and copies of any public records, notwithstanding the exempt or
1236	confidential nature of such public records, which are held by
1237	the clerk of the circuit court under general law or the Rules of
1238	Judicial Administration.
1239
1240	Charges
1241
1242	(1) For court attendance by each clerk or deputy clerk,
1243	per day $75.00
1244	(2) For court minutes, per page 5.00
1245	(1)(3)For examining, comparing, correcting, verifying,
1246	and certifying transcripts of record in appellate proceedings,
1247	prepared by attorney for appellant or someone else other than
1248	clerk, per page 3.00
1249	(2)(4)For preparing, numbering, and indexing an original
1250	record of appellate proceedings, per instrument 2.00
1251	(3)(5)For certifying copies of any instrument in the
1252	public records 1.00
1253	(4)(6)For verifying any instrument presented for
1254	certification prepared by someone other than clerk, per page
1255	2.00
1256	(7) For making and reporting payrolls of jurors to State
1257	Comptroller, per page, per copy 5.00
1258	(5)(8)(a) For making copies by photographic process of any
1259	instrument in the public records consisting of pages of not more
1260	than 14 inches by 81/2 inches, per page 1.00
1261	(b) For making copies by photographic process of any
1262	instrument in the public records of more than 14 inches by 81/2
1263	inches, per page 5.00
1264	(6)(9)For making microfilm copies of any public records:
1265	(a) 16 mm 100' microfilm roll
1266	25.00
1267	(b) 35 mm 100' microfilm roll
1268	35.00
1269	(c) Microfiche, per fiche 2.00
1270	(7)(10)For copying any instrument in the public records
1271	by other than photographic process, per page 4.00
1272	(8)(11)For writing any paper other than herein
1273	specifically mentioned, same as for copying, including signing
1274	and sealing 4.00
1275	(9)(12)For indexing each entry not recorded 1.00
1276	(10)(13)For receiving money into the registry of court:
1277	(a)1. First $500, percent 2
1278	2. Each subsequent $100, percent 1
1279	(b) Eminent domain actions, per deposit
1280	$100.00
1281	(11)(14)For examining, certifying, and recording plats
1282	and for recording condominium exhibits larger than 14 inches by
1283	81/2 inches:
1284	(a) First page
1285	30.00
1286	(b) Each additional page
1287	15.00
1288	(12)(15)For recording, indexing, and filing any
1289	instrument not more than 14 inches by 81/2 inches, including
1290	required notice to property appraiser where applicable:
1291	(a) First page or fraction thereof 5.00
1292	(b) Each additional page or fraction thereof 4.00
1293	(c) For indexing instruments recorded in the official
1294	records which contain more than four names, per additional name
1295	1.00
1296	(d) An additional service charge shall be paid to the
1297	clerk of the circuit court to be deposited in the Public Records
1298	Modernization Trust Fund for each instrument listed in s.
1299	28.222, except judgments received from the courts and notices of
1300	lis pendens, recorded in the official records:
1301	1. First page 1.00
1302	2. Each additional page 0.50
1303
1304	Said fund shall be held in trust by the clerk and used
1305	exclusively for equipment and maintenance of equipment,
1306	personnel training, and technical assistance in modernizing the
1307	public records system of the office. In a county where the duty
1308	of maintaining official records exists in an office other than
1309	the office of the clerk of the circuit court, the clerk of the
1310	circuit court is entitled to 25 percent of the moneys deposited
1311	into the trust fund for equipment, maintenance of equipment,
1312	training, and technical assistance in modernizing the system for
1313	storing records in the office of the clerk of the circuit court.
1314	The fund may not be used for the payment of travel expenses,
1315	membership dues, bank charges, staff-recruitment costs, salaries
1316	or benefits of employees, construction costs, general operating
1317	expenses, or other costs not directly related to obtaining and
1318	maintaining equipment for public records systems or for the
1319	purchase of furniture or office supplies and equipment not
1320	related to the storage of records. On or before December 1,
1321	1995, and on or before December 1 of each year immediately
1322	preceding each year during which the trust fund is scheduled for
1323	legislative review under s. 19(f)(2), Art. III of the State
1324	Constitution, each clerk of the circuit court shall file a
1325	report on the Public Records Modernization Trust Fund with the
1326	President of the Senate and the Speaker of the House of
1327	Representatives. The report must itemize each expenditure made
1328	from the trust fund since the last report was filed; each
1329	obligation payable from the trust fund on that date; and the
1330	percentage of funds expended for each of the following:
1331	equipment, maintenance of equipment, personnel training, and
1332	technical assistance. The report must indicate the nature of the
1333	system each clerk uses to store, maintain, and retrieve public
1334	records and the degree to which the system has been upgraded
1335	since the creation of the trust fund.
1336	(13)(16)Oath, administering, attesting, and sealing, not
1337	otherwise provided for herein 2.00
1338	(14)(17)For validating certificates, any authorized
1339	bonds, each 2.00
1340	(15)(18)For preparing affidavit of domicile 5.00
1341	(16)(19)For exemplified certificates, including signing
1342	and sealing 4.00
1343	(17)(20)For authenticated certificates, including signing
1344	and sealing 4.00
1345	(18)(21)(a) For issuing and filing a subpoena for a
1346	witness, not otherwise provided for herein (includes writing,
1347	preparing, signing, and sealing) 4.00
1348	(b) For signing and sealing only 1.00
1349	(19)(22)For issuing venire facias (includes writing,
1350	preparing, signing, and sealing) 5.00
1351	(20)(23)For paying of witnesses and making and reporting
1352	payroll to State Comptroller, per copy, per page 5.00
1353	(21)(24)For approving bond 5.00
1354	(22)(25)For searching of records, for each year's search
1355	1.00
1356	(23)(26)For processing an application for a tax deed sale
1357	(includes application, sale, issuance, and preparation of tax
1358	deed, and disbursement of proceeds of sale), other than excess
1359	proceeds
1360	60.00
1361	(24)(27)For disbursement of excess proceeds of tax deed
1362	sale, first $100 or fraction thereof
1363	10.00
1364	(25)(28)Upon receipt of an application for a marriage
1365	license, for preparing and administering of oath; issuing,
1366	sealing, and recording of the marriage license; and providing a
1367	certified copy
1368	20.00
1369	(26)(29)For solemnizing matrimony
1370	20.00
1371	(27)(30)For sealing any court file or expungement of any
1372	record
1373	25.00
1374	(28)(31)For receiving and disbursing all restitution
1375	payments, per payment 2.00
1376	(29)(32)Postal charges incurred by the clerk of the
1377	circuit court in any mailing by certified or registered mail
1378	shall be paid by the party at whose instance the mailing is
1379	made.
1380	(30)(33)For furnishing an electronic copy of information
1381	contained in a computer database: a fee as provided for in
1382	chapter 119.
1383	Section 23. Section 28.2401, Florida Statutes, is amended
1384	to read:
1385	28.2401 Service charges in probate matters.--
1386	(1) Except when otherwise provided, the service charges
1387	for the following services shall be:
1388	(a) For the opening of any estate of one document or more,
1389	including, but not limited to, petitions and orders to approve
1390	settlement of minor's claims; to open a safe-deposit box; to
1391	enter rooms and places; for the determination of heirs, if not
1392	formal administration; and for a foreign guardian to manage
1393	property of a nonresident; but not to include issuance of
1394	letters or order of summary and family administration $20.00
1395	(b) Caveat 15.00
1396	(c) Petition and order to admit foreign wills,
1397	authenticated copies, exemplified copies, or transcript to
1398	record
1399	30.00
1400	(d) For disposition of personal property without
1401	administration 20.00
1402	(e) Summary administration 35.00
1403	(f) Family administration 45.00
1404	(g) Formal administration, guardianship, ancillary,
1405	curatorship, or conservatorship proceedings 75.00
1406	(h) Guardianship proceedings of person only 25.00
1407	(i) Veterans' guardianship pursuant to chapter 744
1408	25.00
1409	(j) Exemplified certificates 4.00
1410	(k) Petition for determination of incompetency
1411	25.00
1412	(2) Upon application by the clerk and a showing of
1413	extraordinary circumstances, the service charges set forth in
1414	this section may be increased in an individual matter by order
1415	of the circuit court before which the matter is pending, to more
1416	adequately compensate for the services performed.
1417	(3) Service charges in excess of those fixed in this
1418	section may be imposed by the governing authority of the county
1419	by ordinance, or by special or local law, to provide and
1420	maintain facilities, including a law library; to provide and
1421	maintain equipment; or to provide or maintain a legal aid
1422	program.Service charges other than those fixed in this section
1423	shall be governed by s. 28.24. An additional service charge of
1424	$2.50 on petitions seeking summary administration, family
1425	administration, formal administration, ancillary administration,
1426	guardianship, curatorship, and conservatorship shall be paid to
1427	the clerk. The clerk shall transfer the $2.50 to the Department
1428	of Revenue for deposit into the Court Education Trust Fund.
1429	(4) Recording shall be required for all petitions opening
1430	and closing an estate; petitions regarding real estate; and
1431	orders, letters, bonds, oaths, wills, proofs of wills, returns,
1432	and such other papers as the judge shall deem advisable to
1433	record or that shall be required to be recorded under the
1434	Florida Probate Law.
1435	Section 24. Effective July 1, 2003, subsection (1) of
1436	section 28.241, Florida Statutes, is amended to read:
1437	28.241 Filing charges for trial and appellate
1438	proceedings.--
1439	(1)(a)The party instituting any civil action, suit, or
1440	proceeding in the circuit court shall pay to the clerk of that
1441	court a service charge of $40 in all cases in which there are
1442	not more than five defendants and an additional service charge
1443	of $2 for each defendant in excess of five. An additional
1444	service charge of $10 shall be paid by the party seeking each
1445	severance that is granted. An additional service charge of $35
1446	shall be paid to the clerk for all proceedings of garnishment,
1447	attachment, replevin, and distress. An additional service charge
1448	of $8 shall be paid to the clerk for each civil action filed, $7
1449	of such charge to be remitted by the clerk to the Department of
1450	Revenue for deposit into the General Revenue Fund unallocated.
1451	An additional charge of $2.50 shall be paid to the clerk for
1452	each civil action brought in circuit or county court, to be
1453	remitted by the clerk to the Department of Revenue for deposit
1454	into the Court Education Trust Fund. Service charges in excess
1455	of those herein fixed may be imposed by the governing authority
1456	of the county by ordinance or by special or local law; and such
1457	excess shall be expended as provided by such ordinance or any
1458	special or local law, now or hereafter in force, to provide and
1459	maintain facilities, including a law library, for the use of the
1460	courts of the county wherein the service charges are collected;
1461	to provide and maintain equipment; or for a legal aid program in
1462	such county. In addition, the county is authorized to impose, by
1463	ordinance or by special or local law, a fee of up to $15 for
1464	each civil action filed, for the establishment, maintenance, or
1465	supplementation of a public guardian pursuant to ss. 744.701-
1466	744.708, inclusive. Postal charges incurred by the clerk of the
1467	circuit court in making service by certified or registered mail
1468	on defendants or other parties shall be paid by the party at
1469	whose instance service is made. That part of the within fixed or
1470	allowable service charges which is not by local or special law
1471	applied to the special purposes shall constitute the total
1472	service charges of the clerk of such court for all services
1473	performed by him or her in civil actions, suits, or proceedings.
1474	The sum of all service charges and fees permitted under this
1475	subsection may not exceed $200; however, the $200 cap may be
1476	increased to $210 in order to provide for the establishment,
1477	maintenance, or supplementation of a public guardian as
1478	indicated in this subsection.
1479	(b) Beginning July 1, 2003, a party reopening any civil
1480	action, suit, or proceeding in the circuit court shall pay to
1481	the clerk of that court a filing fee of $50. Of fees collected
1482	for any civil action, suit, or proceeding reopened in the
1483	circuit court between July 1, 2003, and June 30, 2004, the clerk
1484	shall remit $49 of each $50 collected to the Department of
1485	Revenue for deposit into the Grants and Donations Trust Fund
1486	within the Justice Administrative Commission and shall retain
1487	the remaining $1 for administrative costs. Of fees collected for
1488	any civil action, suit, or proceeding reopened in the circuit
1489	court beginning July 1, 2004, the clerk shall retain the entire
1490	$50 to fund court-related functions performed by the clerk. In
1491	the case of a petition for modification of a final judgment of
1492	dissolution, the amount of the fee paid pursuant to s. 44.108
1493	shall be deducted from the portion of the fee required in this
1494	paragraph which is not retained by the clerk. For purposes of
1495	this section, a case is reopened when a case previously reported
1496	as disposed of is resubmitted to a court.
1497	Section 25. Section 28.241, Florida Statutes, as amended
1498	by this act, is amended to read:
1499	28.241 Filing feeschargesfor trial and appellate
1500	proceedings.--
1501	(1)(a) The party instituting any civil action, suit, or
1502	proceeding in the circuit court shall pay to the clerk of that
1503	court a filing feeservice chargeof $40 in all cases in which
1504	there are not more than five defendants and an additional filing
1505	feeservice chargeof $2 for each defendant in excess of five.
1506	An additional filing feeservice chargeof $10 shall be paid by
1507	the party seeking each severance that is granted. An additional
1508	filing feeservice chargeof $35 shall be paid to the clerk for
1509	all proceedings of garnishment, attachment, replevin, and
1510	distress. An additional filing feeservice chargeof $8 shall be
1511	paid to the clerk for each civil action filed, $7 of such fee
1512	chargeto be remitted by the clerk to the Department of Revenue
1513	for deposit into the General Revenue Fund unallocated. An
1514	additional feechargeof $2.50 shall be paid to the clerk for
1515	each civil action brought in circuit or county court, to be
1516	remitted by the clerk to the Department of Revenue for deposit
1517	into the Court Education Trust Fund. Service charges in excess
1518	of those herein fixed may be imposed by the clerk of the court
1519	as deemed necessary for the sole purpose of funding court-
1520	related functions performed by the clerk and not otherwise
1521	reimbursable by the board of county commissioners.governing
1522	authority of the county by ordinance or by special or local law;
1523	and such excess shall be expended as provided by such ordinance
1524	or any special or local law, now or hereafter in force, to
1525	provide and maintain facilities, including a law library, for
1526	the use of the courts of the county wherein the service charges
1527	are collected; to provide and maintain equipment; or for a legal
1528	aid program in such county. In addition, the county is
1529	authorized to impose, by ordinance or by special or local law, a
1530	fee of up to $15 for each civil action filed, for the
1531	establishment, maintenance, or supplementation of a public
1532	guardian pursuant to ss. 744.701-744.708, inclusive. Postal
1533	charges incurred by the clerk of the circuit court in making
1534	service by certified or registered mail on defendants or other
1535	parties shall be paid by the party at whose instance service is
1536	made.That part of the within fixed or allowable service charges
1537	which is not by local or special law applied to the special
1538	purposes shall constitute the total service charges of the clerk
1539	of such court for all services performed by him or her in civil
1540	actions, suits, or proceedings. The sum of all filingservice
1541	charges andfees permitted under this subsection may not exceed
1542	$200; however, the $200 cap may be increased to $210 in order to
1543	provide for the establishment, maintenance, or supplementation
1544	of a public guardian as indicated in this subsection.
1545	(b) Beginning July 1, 2003, a party reopening any civil
1546	action, suit, or proceeding in the circuit court shall pay to
1547	the clerk of that court a filing fee of $50. Of fees collected
1548	for any civil action, suit, or proceeding reopened in the
1549	circuit court between July 1, 2003, and June 30, 2004, the clerk
1550	shall remit $49 of each $50 collected to the Department of
1551	Revenue for deposit into the Grants and Donations Trust Fund
1552	within the Justice Administrative Commission and shall retain
1553	the remaining $1 for administrative costs.Of fees collected for
1554	any civil action, suit, or proceeding reopened in the circuit
1555	court beginning July 1, 2004, the clerk shall retain the entire
1556	$50 to fund court-related functions performed by the clerk. In
1557	the case of a petition for modification of a final judgment of
1558	dissolution, the amount of the fee paid pursuant to s. 44.108
1559	shall be deducted from the portion of the fee required in this
1560	paragraph which is not retained by the clerk. For purposes of
1561	this section, a case is reopened when a case previously reported
1562	as disposed of is resubmitted to a court.
1563	(2) The clerk of the circuit court of any county in the
1564	state who operates his or her office from fees and service
1565	charges collected, as opposed to budgeted allocations from
1566	county general revenue, shall be paid by the county as service
1567	charges for all services to be performed by him or her in any
1568	criminal or juvenile action or proceeding in such court, in lieu
1569	of all other service charges heretofore charged, except as
1570	hereinafter provided, the sum of $40 for each defendant or
1571	juvenile. However, in cases involving capital punishment the
1572	charge shall be $50. In any county where a law creates a law
1573	library fund or other special fund, this charge may be increased
1574	for that purpose by a special or local law or an ordinance. The
1575	sum of all service charges and fees permitted under this
1576	subsection may not exceed $200.
1577	(2)(3)Upon the institution of any appellate proceeding
1578	from any inferior court to the circuit court of any such county
1579	or from the circuit court to an appellate court of the state,
1580	the clerk shall charge and collect from the party or parties
1581	instituting such appellate proceedings a filing feeservice
1582	chargeof $75 for filing a notice of appeal from an inferior
1583	court and $50 for filing a notice of appeal to a higher court.
1584	(3)(4) A filingservice charge or afee may not be imposed
1585	upon a party for responding by pleading, motion, or other paper
1586	to a civil or criminal action, suit, proceeding, or appeal in a
1587	circuit court.
1588	(4)(5)The fees prescribed in this section do not include
1589	the service charges required by law for the clerk as provided in
1590	s. 28.24 or by other sections of the Florida Statutes. Filing
1591	feesService chargesauthorized by this section may not be added
1592	to any civil penalty imposed by chapter 316 or chapter 318.
1593	Section 26. Section 28.245, Florida Statutes, is amended
1594	to read:
1595	28.245 Transmittal of funds to Department of Revenue;
1596	uniform remittance form required.--Notwithstanding any other
1597	provision of law, all moneys collected by the clerks of the
1598	court for subsequent distribution must be transmitted
1599	electronically to a state agency or to the Supreme Court must be
1600	transmitted tothe Department of Revenue for appropriate
1601	distribution. A uniform remittance form provided by the
1602	Department of Revenue detailing the specific amounts due each
1603	fund must accompany such submittal.
1604	Section 27. Effective July 1, 2003, section 28.246,
1605	Florida Statutes, is created to read:
1606	28.246 Payment of court-related fees, charges, and costs;
1607	partial payments; distribution of funds.--
1608	(1) Beginning July 1, 2003, the clerk of the circuit court
1609	shall report the following information to the Legislature on a
1610	form developed by the Department of Financial Services:
1611	(a) The total amount of mandatory fees, services charges,
1612	and costs; the total amount actually assessed; the total amount
1613	discharged or waived; and the total amount collected.
1614	(b) The maximum amount of discretionary fees, service
1615	charges, and costs authorized; the total amount actually
1616	assessed; the total amount discharged or waived; and the total
1617	amount collected.
1618	(c) The total amount of mandatory fines and other monetary
1619	penalties; the total amount assessed; the total amount
1620	discharged or waived; and the total amount collected.
1621	(d) The maximum amount of mandatory fines and other
1622	monetary penalties; the total amount assessed; the total amount
1623	discharged or waived; and the total amount collected.
1624
1625	The clerk shall submit the report on a quarterly basis 30 days
1626	after the end of the quarter for the period from July 1, 2003
1627	through June 30, 2004, and on an annual basis thereafter, 60
1628	days after the end of the county fiscal year.
1629
1630	(2) The clerk of the circuit court shall establish and
1631	maintain a system of accounts receivable for court-related fees,
1632	charges, and costs.
1633	(3) Each clerk of the circuit court shall enter into a
1634	payment plan with defendants determined to be indigent and
1635	demonstrating an inability to pay court-related fees, charges,
1636	and costs in full.
1637	(4) The clerk of the circuit court shall accept partial
1638	payments for unpaid court-related fees, charges, and costs in
1639	accordance with the terms of an established payment plan.
1640	(5) When receiving partial payment of fees, service
1641	charges, court costs, and fines, clerks shall distribute funds
1642	according to the following order of priority:
1643	(a) That portion of fees, services charges, court costs,
1644	and fines payable to the clerk.
1645	(b) That portion of fees, service charges, court costs,
1646	and fines payable to the state for Article V related purposes,
1647	allocated on a pro rata basis among the various authorized
1648	recipients if the total collection amount is insufficient to
1649	fully fund all such recipients as provided by law.
1650	(c) That portion of fees, service charges, court costs,
1651	and fines payable to the state General Revenue Fund.
1652	(d) That portion of fees, service charges, court costs,
1653	and fines payable to the state for other non-Article V related
1654	purposes, allocated on a pro rata basis among the various
1655	authorized recipients if the total collection amount is
1656	insufficient to fully fund all such recipients as provided by
1657	law.
1658	(e) That portion of fees, service charges, court costs,
1659	and fines payable to counties, municipalities, or other local
1660	entities, allocated on a pro rata basis among the various
1661	authorized recipients if the total collection amount is
1662	insufficient to fully fund all such recipients as provided by
1663	law.
1664
1665	To offset processing costs, clerks may retain up to 1 percent of
1666	all collections of fees, service charges, court costs, and fines
1667	payable to other entities, except where otherwise provided in
1668	general law.
1669	(6) A clerk of court may pursue the collection of any
1670	fines, court costs, or other costs imposed by the court which
1671	remain unpaid for 90 days or more, or refer such collection to a
1672	private attorney who is a member in good standing of The Florida
1673	Bar or collection agent who is registered and in good standing
1674	pursuant to chapter 559. In pursuing the collection of such
1675	unpaid financial obligations through a private attorney or
1676	collection agent, the clerk of the court must determine this is
1677	cost effective and follow applicable procurement practices.
1678	Section 28. Section 28.35, Florida Statutes, is created to
1679	read:
1680	28.35 Exemption from fees and charges.--Notwithstanding
1681	any other provision of this chapter or law to the contrary,
1682	state atttorneys and public defenders are exempt from all fees
1683	and charges assessed by the clerks of the circuit courts.
1684	Section 29. Effective July 1, 2003, section 29.001,
1685	Florida Statutes, is amended to read:
1686	29.001 Intent; State courts system essential elements and
1687	definitions; funding through filing fees, service charges, and
1688	costs; county responsibilities.--
1689	(1)It is the intent of the Legislature that, for the
1690	purpose of implementing s. 14, Art. V of the State Constitution,
1691	effective July 1, 2004,the state courts system be defined to
1692	include the enumeratedessentialelements of the Supreme Court,
1693	district courts of appeal, circuit courts, county courts, and
1694	certainessential supports thereto. Similarly,The offices of
1695	public defenders and state attorneys shall include those
1696	enumeratedessential elements as determined by general law.
1697	Further, The state attorneys' offices are defined to include the
1698	enumeratedessentialelements of the 20 state attorneys'
1699	offices.andThe public defenders' offices are defined to
1700	include the enumeratedessentialelements of the 20 public
1701	defenders' offices. Court-appointed counsel are defined to
1702	include the enumerated elements forascounsel appointed to
1703	ensure due process in criminal and civil proceedings in
1704	accordance with state and federal constitutional guarantees.
1705	(2) All funding for the court-related functions of the
1706	offices of the clerks of the circuit and county courts shall be
1707	provided by adequate and appropriate filing fees for judicial
1708	proceedings and service charges and costs for performing court-
1709	related functions.
1710	(3) Pursuant to general law, counties shall be required to
1711	fund the cost of communications services, existing radio
1712	systems, existing multiagency criminal justice information
1713	systems, and the cost of construction or lease, maintenance,
1714	utilities, and security of facilities for the circuit courts and
1715	county courts, public defenders' offices, state attorneys'
1716	offices, and the offices of the clerks of the circuit and county
1717	courts, as defined by general law. In addition, the counties
1718	will continue to fund existing elements of the state courts
1719	system, state attorneys' offices, public defenders' offices,
1720	court-appointed counsel, and the offices of the clerks of the
1721	circuit and county courts performing court-related functions,
1722	consistent with current law and practice, until such time as the
1723	Legislature expressly assumes the responsibility for funding
1724	those elements. Counties will fund the cost of criminal cases
1725	filed by the Office of Statewide Prosecution. Additionally, the
1726	Legislature will define by general law those local requirements
1727	of the state courts system for which the counties must pay
1728	reasonable and necessary salaries, costs, and expenses.
1729	(4) Although a program or function currently may be funded
1730	by the state or prescribed or established in general law, this
1731	does not designate the program or function as an essential
1732	element of the state courts system, state attorneys' offices,
1733	public defenders' offices, or the offices of the circuit and
1734	county court clerks performing court-related functions as
1735	described in s. 14, Art. V of the State Constitution.
1736	Section 30. Effective July 1, 2003, section 29.002,
1737	Florida Statutes, is amended to read:
1738	29.002 Basis for funding.--
1739	(1) For the purpose of implementing s. 14, Article V of
1740	the State Constitution,the Legislature's appropriation of
1741	funding in the General Appropriations Act for appropriate
1742	salaries, costs, and expenses pursuant to s. 14, Art. V of the
1743	State Constitution shall be based upon the best available
1744	revenue and expenditure datareliable and auditable data
1745	substantiating the revenues and expenditures associated with
1746	each essential element.
1747	(2) Court costs, fines, and other dispositional
1748	assessments shall be imposed andenforced by the courts,
1749	collected by the clerks of the circuit and county courts, and
1750	disbursedmay be directed to the statein accordance with
1751	authorizations and procedures as establisheddeterminedby
1752	general law.
1753	(3) Waiver of fees and costs for indigents in criminal or
1754	civil actions and requests for reductions in fees and costs and
1755	for a court-appointed attorney shall be determined through
1756	procedures established pursuant to general law. Similarly,
1757	requests for reductions in fees and costs and for a court-
1758	appointed attorney shall occur after examination, pursuant to
1759	general law.
1760	Section 31. Section 29.004, Florida Statutes, is amended
1761	to read:
1762	29.004 State courts system.--For purposes of implementing
1763	s. 14, Art. V of the State Constitution, the followingessential
1764	elements of the state courts system are to be funded from state
1765	revenues appropriated by general lawas follows:
1766	(1) Judges appointed or elected pursuant to chapters 25,
1767	26, 34, and 35, including judicial assistants, law clerks and
1768	resource materialsand essential staff, expenses, and costs as
1769	determined by general law.
1770	(2) Juror compensation and expenses and reasonable juror
1771	accommodations when necessary.
1772	(3) Reasonable court reporting services and transcription
1773	servicesnecessary to meet constitutional requirements.
1774	(4) Auxiliary aids and services for qualified individuals
1775	with a disability which are necessary to ensure access to the
1776	courts. Such auxiliary aids and services include, but are not
1777	limited to, sign-language interpreters, translators, real-time
1778	transcription services for individuals who are hearing impaired,
1779	and assistive listening devices. This section does not include
1780	physical modifications to court facilities; noncourtroom
1781	communication services; or other accommodations, auxiliary aids,
1782	or services for which the counties are responsible pursuant to
1783	s. 14, Art. V of the State Constitution.
1784	(5) Construction or lease of facilities, maintenance,
1785	utilities, and security for the district courts of appeal and
1786	the Supreme Court.
1787	(6) Foreign language interpreters and translators
1788	essential to comply with constitutional requirements.
1789	(7) Staff and expenses ofThe Judicial Qualifications
1790	Commission.
1791	(8) Expert witnesses not requested by any party which are
1792	appointed by the court pursuant to an express grant of statutory
1793	authority.
1794	(9) Masters and hearing officers.
1795	(10) Mediation and arbitration, limited to trial court
1796	referral of a pending judicial case to a mediator or a court-
1797	related mediation program, or to an arbitrator or a court
1798	related arbitration program, for the limited purpose of
1799	encouraging and assisting the litigants in partially or
1800	completely settling the case prior to adjudication on the merits
1801	by the court. This does not include citizen dispute settlement
1802	centers under s. 44.201 and community arbitration programs under
1803	s. 985.304.
1804	(11) Basic legal materials reasonably accessible to the
1805	public.
1806	(12) Reasonable and necessary expenses and administrative
1807	support.
1808	(13) Offices of the appellate clerks and marshals and
1809	appellate law libraries.
1810	Section 32. Section 29.005, Florida Statutes, is amended
1811	to read:
1812	29.005 State attorneys' offices and prosecution
1813	expenses.--For purposes of implementing s. 14, Art. V of the
1814	State Constitution, the followingessentialelements of the
1815	state attorneys' offices are to be funded from state revenues
1816	appropriated by general lawas follows:
1817	(1) The state attorney of each judicial circuit and
1818	assistant state attorneys and otheressentialstaff as
1819	determined by general law.
1820	(2) Reasonable court reporting, interpreter, and
1821	translatorservices necessary to meet constitutional
1822	requirements.
1823	(3) Witnesses, including expert witnesses,summoned to
1824	appear for an investigation, preliminary hearing, or trial in a
1825	criminal case when the witnesses are summoned by a state
1826	attorney.;
1827	(4) Mental health professionals who areappointed pursuant
1828	to s. 394.473 and required in a court hearing involving an
1829	indigent; and mental health professionalsexpert witnesses who
1830	areappointed pursuant to s. 916.115(2) and required in a court
1831	hearing involving an indigent.
1832	(5) Travel expenses reimbursable under s. 112.061
1833	reasonably necessary in the performance of constitutional and
1834	statutory responsibilities.
1835	(6) Reasonable library services, other than a public law
1836	library. For purposes of this subsection, "library services"
1837	includes books, periodicals, and automated legal research
1838	services, legal documents, and reference books and materials.
1839	These materials may be provided in a courthouse facility or any
1840	library facility.
1841	(7) Reasonable pretrial consultation fees and costs.
1842	Section 33. Section 29.006, Florida Statutes, is amended
1843	to read:
1844	29.006 Public defenders and indigent defense costs.--For
1845	purposes of implementing s. 14, Art. V of the State
1846	Constitution, the followingessentialelements of the public
1847	defenders' offices are to be funded from state revenues
1848	appropriated by general lawas follows:
1849	(1) The public defender of each judicial circuit and
1850	assistant public defenders and otheressentialstaff as
1851	determined by general law.
1852	(2) Reasonable court reporting, interpreter, and
1853	translatorservices necessary to meet constitutional
1854	requirements or as authorized by general law.
1855	(3) Witnesses, including expert witnesses,summoned to
1856	appear for an investigation, preliminary hearing, or trial in a
1857	criminal case when the witnesses are summoned on behalf of an
1858	indigent defendant.;
1859	(4) Mental health professionals who areappointed pursuant
1860	to s. 394.473 and required in a court hearing involving an
1861	indigent; and mental health professionalsexpert witnesses who
1862	areappointed pursuant to s. 916.115(2) and required in a court
1863	hearing involving an indigent.
1864	(5) Travel expenses reimbursable under s. 112.061
1865	reasonably necessary in the performance of constitutional and
1866	statutory responsibilities.
1867	(6) Reasonable library services, other than a public law
1868	library. For purposes of this subsection, "library services"
1869	includes books, periodicals, and automated legal research
1870	services, legal documents, and reference books and materials.
1871	These materials may be provided in a courthouse facility or any
1872	library facility.
1873	(7) Reasonable pretrial consultation fees and costs.
1874	Section 34. Section 29.007, Florida Statutes, is amended
1875	to read:
1876	29.007 Privatecourt-appointed counsel.--For purposes of
1877	implementing s. 14, Art. V of the State Constitution, the
1878	followingessential elements of privatecourt-appointed counsel
1879	are to be provided from state revenues appropriated by general
1880	law as follows:
1881	(1) Private attorneys assigned by the court to handle
1882	cases where the defendant is indigent and cannot be represented
1883	by the public defender pursuant to s. 27.5303.
1884	(2) Private attorneys appointed by the court to represent
1885	indigentindigentsor other classes of litigants in civil
1886	proceedings requiring court-appointed counsel in accordance with
1887	state and federal constitutional guarantees and in accordance
1888	with general law.
1889	(3) Reasonable court reporting, interpreter, and
1890	translatorservices necessary to meet constitutional
1891	requirements or as authorized by general law.
1892	(4) Witnesses, including expert witnesses,summoned to
1893	appear for an investigation, preliminary hearing, or trial in a
1894	criminal case when the witnesses are summoned on behalf of an
1895	indigent defendant.;
1896	(5)Mental health professionals who are appointed pursuant
1897	to s. 394.473 and required in a court hearing involving an
1898	indigent; and mental health professionalsexpert witnesseswho
1899	are appointed pursuant to s. 916.115(2) and required in a court
1900	hearing involving an indigent.
1901	(6) Reasonable pretrial consultation fees and costs.
1902	(7)(5)Reasonable and necessary expenses authorized
1903	pursuant to contract.Investigating and assessing the indigency
1904	of any person who seeks a waiver of court costs and fees, or any
1905	portion thereof, or applies for representation by a public
1906	defender or private attorney.
1907	Section 35. Section 29.008, Florida Statutes, is amended
1908	to read:
1909	29.008 County funding of court-related functions.--
1910	(1) Counties are required by s. 14, Art. V of the State
1911	Constitution to fund the cost of communications services;,
1912	existing radio systems;,existing multiagency criminal justice
1913	information systems;,and the cost of construction or lease,
1914	maintenance, utilities, and security of facilities;for the
1915	circuit and county courts, public defenders' offices, state
1916	attorneys' offices, and the offices of the clerks of the circuit
1917	and county courts performing court-related functions. For
1918	purposes of implementing these requirements, the term:
1919	(a)1. "FacilitiesFacility" means reasonable and necessary
1920	buildings, structures, real estate, easements, and related
1921	interests in real estate, including, but not limited to, those
1922	for the purpose of housing personnel, equipment, or functions of
1923	the circuit or county courts, public defenders' offices, state
1924	attorneys' offices, and court-related functions of the office of
1925	the clerks of the circuit and county courts and all storage. The
1926	term also includes access to parking for such facilities in
1927	connection with such court-related functions that may be
1928	available free or from a private provider or a local government
1929	for a fee.
1930	2. Office space provided by a county shall be in
1931	accordance with standards for space allotment adopted by the
1932	Department of Management Services. Upon the mutual agreement of
1933	the parties, the standards for space allotment may vary from
1934	those adopted by the Department of Management Services. This
1935	subparagraph shall only apply to facilities leased, or in which
1936	construction commences, after July 1, 2003.
1937	(b)1."Construction or lease" includes, but is not limited
1938	to, all reasonable and necessary costs of the acquisition or
1939	leaseof facilities, equipment, and furnishings for all judicial
1940	officers, staff, jurors, volunteers, and the public for the
1941	circuit and county courts, the public defenders' offices, state
1942	attorneys' offices, and for performing the court-related
1943	functions of the offices of the clerks of the circuit and county
1944	courts. This includes expenses related to financing such
1945	facilities and the existing and future cost and bonded
1946	indebtedness associated with placing the facilities in use.
1947	2. As of July 1, 2006, equipment and furnishings shall be
1948	limited to that appropriate and customary for courtrooms, jury
1949	facilities, and other public areas in courthouses.
1950	3. Equipment and furnishings under this paragraph in
1951	existence and owned by counties on July 1, 2006, for areas other
1952	than courtrooms, jury facilities, and other public areas in
1953	courthouses, shall be transferred to the state at no charge.
1954	(c) "Maintenance" includes, but is not limited to, all
1955	reasonable and necessary costs of custodial and groundskeeping
1956	services and renovation and reconstruction as needed to
1957	accommodate functions for the circuit and county courts, the
1958	public defenders' offices, and state attorneys' offices and for
1959	performing the court-related functions of the offices of the
1960	clerks of the circuit and county court and for maintaining the
1961	facilities in a condition appropriate and safe for the use
1962	intended.
1963	(d) "Utilities" means electricity services for light,
1964	heat, or power; natural or manufactured gas services for light,
1965	heat, or power; water and wastewater services and systems,
1966	stormwater or runoff services and systems, sewer services and
1967	systems, all costs or fees associated with these services and
1968	systems, and any costs or fees associated with the mitigation of
1969	environmental impacts directly related to the facility.
1970	(e) "Security" includes but is not limited to, all
1971	reasonable and necessary costs of services of law enforcement
1972	officers or licensed security guards and all electronic,
1973	cellular, or digital monitoring and screening devices necessary
1974	to ensure the safety and security of all persons visiting or
1975	working in a facility; to provide for security of the facility,
1976	including protection of property owned by the county or the
1977	state; and for security of prisoners brought to any facility.
1978	This includes bailiffs while providing courtroom and other
1979	security for each judge and other quasi-judicial officers.
1980	(f) "Communications systems or communications services"
1981	are defined as any reasonable and necessary transmission,
1982	emission, and reception of signs, signals, writings, images, and
1983	sounds of intelligence of any nature by wire, radio, optical, or
1984	other electromagnetic systems and includes all facilities and
1985	equipment owned, leased, or used by judges, clerks, public
1986	defenders, state attorneys, and all staff of the state courts
1987	system, state attorneys' offices, public defenders' offices, and
1988	clerks of the circuit and county courts performing court-related
1989	functions. Such system or services shall include, but not be
1990	limited to:
1991	1. Telephone system infrastructure, including computer
1992	lines, telephone switching equipment, and maintenance. Each
1993	county shall continue to provide access to a local carrier for
1994	local and long distance service and shall pay for the local
1995	service. Telephone equipment, including facsimile, wireless
1996	communications, video teleconferencing, and pagers, owned by the
1997	counties shall be transferred to the state at no charge,
1998	effective July 1, 2004Telephone services and equipment,
1999	including facsimile, wireless communications, video
2000	teleconferencing, pagers, computer lines, and telephone
2001	switching equipment and the maintenance, supplies, hardware,
2002	software, and line charges, including local and long-distance
2003	toll charges, and support staff or services necessary for
2004	operation.
2005	2. Computer systems and equipment, including computer
2006	hardware and software, modems, printers, wiring, network
2007	connections, maintenance, support staff or services, training,
2008	supplies, and line charges necessary for an integrated computer
2009	system to support the operations and management of the state
2010	courts system, the offices of the public defenders, the offices
2011	of the state attorneys, and the offices of the clerks of the
2012	circuit and county courts and the capability to connect those
2013	entities and reporting data to the state as required for the
2014	transmission of revenue, performance accountability, case
2015	management, data collection, budgeting, and auditing purposes.
2016	3. Postage, printed documents, radio,Courier messenger
2017	and subpoena services, support services, all maintenance,
2018	supplies, and line charges.
2019	(g) "Existing radio systems" includes, but is not limited
2020	to, law enforcement radio systems that are used by the circuit
2021	and county courts, the offices of the public defenders, the
2022	offices of the state attorneys, and for court-related functions
2023	of the offices of the clerks of the circuit and county courts.
2024	This includes radio systems that were operational or under
2025	contract at the time Revision No. 7, 1998, to Art. V of the
2026	State Constitution was adopted and any enhancements made
2027	thereafter, the maintenance of those systems, and the personnel
2028	and supplies necessary for operation.
2029	(h) "Existing multiagency criminal justice information
2030	systems" includes, but is not limited to, those components of
2031	the multiagency criminal justice information system as defined
2032	in s. 943.045, supporting the offices of the circuit or county
2033	courts, the public defenders' offices, the state attorneys'
2034	offices, or those portions of the offices of the clerks of the
2035	circuit and county courts performing court-related functions
2036	that are used to carry out the court-related activities of those
2037	entities. This includes upgrades and maintenance of the current
2038	equipment, maintenance and upgrades of supporting technology
2039	infrastructure and associated staff, and services and expenses
2040	to assure continued information sharing and reporting of
2041	information to the state. The counties shall also provide
2042	additional information technology services, hardware, and
2043	software as needed for new judges and staff of the state courts
2044	system, state attorneys' offices, public defenders' offices, and
2045	the offices of the clerks of the circuit and county courts
2046	performing court-related functions.
2047	(2) Counties shall pay reasonable and necessary salaries,
2048	costs, and expenses of the state courts system to meet local
2049	requirements under s. 14(c), Art. V of the State Constitution,
2050	as determined by general law. Local requirements under s. 14(c),
2051	Art. V of the State Constitution include:
2052	(a) Legal aid programs. Counties with a population of less
2053	than 75,000 are exempt from this requirement.
2054	(b) Reasonable and necessary transportation services for
2055	state attorneys and public defenders. Such services include the
2056	cost of operating any vehicle, aircraft, or watercraft,
2057	including gasoline, oil, maintenance, and replacement.
2058	Section 36. Effective July 1, 2003, section 29.014,
2059	Florida Statutes, is created to read:
2060	29.014 Article V Indigent Services Advisory Board.--
2061	(1) There is created the Article V Indigent Services
2062	Advisory Board. The board shall exist for the purpose of
2063	advising the Legislature in establishing qualifications and
2064	compensation standards governing the expenditure of state
2065	appropriated funds for those providing state-funded due process
2066	services for indigents provided through the courts, state
2067	attorneys, public defenders, and private court-appointed
2068	counsel. These services include, but are not limited to, court-
2069	appointed counsel, court reporting and transcription services,
2070	interpreter services, and expert witnesses. Standards
2071	recommended by the Board shall take into account local
2072	variations and market conditions and availability of attorneys
2073	and other service providers. The board shall also exist for the
2074	purpose of advising the Legislature on cost containment
2075	strategies and policies.
2076	(2) The board shall be composed of twelve members,
2077	appointed as follows:
2078	(a) The Governor shall appoint three members as follows:
2079	one state attorney, one public defender, and one clerk of court.
2080	(b) The President of the Senate and the Speaker of the
2081	House of Representatives shall each appoint three members. Of
2082	the members appointed by the President of the Senate one shall
2083	be a county commissioner and one shall be an attorney in private
2084	practice with significant criminal trial experience. Of the
2085	members appointed by the Speaker of the House of Representatives
2086	one shall be a county commissioner and one shall be an attorney
2087	in private practice with significant civil trial experience. The
2088	President of the Senate and the Speaker of the House of
2089	Representatives may each appoint a member from their respective
2090	chambers.
2091	(c) The Chief Justice of the Supreme Court shall appoint
2092	three members as follows: three trial court judges,
2093	representing a cross-section of small, medium, and large
2094	circuits, different regions of the state, and court divisions.
2095	Appointments shall be made effective July 1, 2003.
2096	(3) Members shall be appointed for 4-year terms, except
2097	for an appointment to fill an unexpired term, in which event the
2098	appointment shall be for the remainder of the unexpired term
2099	only. In the case where a member must hold office to be
2100	qualified for board membership, the member's term shall also
2101	expire upon failure to maintain the office, whichever occurs
2102	first.
2103	(4) The members shall elect a chairperson annually and
2104	shall meet at the call of the chairperson, at the request of a
2105	majority of the membership, or at the request of the President
2106	of the Senate or the Speaker of the House of Representatives.
2107	Members shall serve without pay but shall be entitled to
2108	reimbursement for their expenses in carrying out their duties as
2109	provided in s. 112.061. Public officer members shall be
2110	reimbursed through the budget entity through which they are
2111	compensated.
2112	(5) The board shall:
2113	(a) Recommend qualifications for those providing
2114	authorized state-funded due process services, including
2115	qualifications for state-funded court reporters, interpreters,
2116	and private court-appointed counsel, in addition to those set
2117	forth in s. 27.40.
2118	(b) Recommend any needed adjustments to existing
2119	compensation standards for private court-appointed counsel and
2120	other providers of due process services pursuant to s. 27.5304.
2121	(c) Identify due process services for indigents that
2122	should be included on the state contract and bid competitively
2123	on a circuit, region, or statewide basis.
2124	(d) Recommend statewide contracting standards for
2125	procurement of state-funded due process services and developing
2126	standard contract forms for use in procuring services.
2127	(e) Advise the Legislature on strategies and policies to
2128	contain costs.
2129	(6) To aid in the transition to full implementation of
2130	Revision 7 to Article V, the board shall issue its initial
2131	recommendations by October 1, 2003. Thereafter, the board shall
2132	issue any additional recommendations or revisions thereto by
2133	October 1 of each year.
2134	(7) In preparing budgets and entering into contractual
2135	arrangements for the procurement of state-funded due process
2136	services for fiscal year 2004-2005, the Chief Justice and the
2137	Justice Administrative Commission are authorized and encouraged
2138	to consider the advice and recommendations of the board.
2139	Section 37. Section 29.015, Florida Statutes, is created
2140	to read:
2141	29.015 Contingency fund; limitation of authority to
2142	transfer funds in contracted due process services appropriation
2143	categories.--
2144	(1) An appropriation may be provided in the General
2145	Appropriations Act in the Justice Administrative Commission to
2146	serve as a contingency fund for the purpose of alleviating
2147	deficits in contracted due process services appropriation
2148	categories, including private court-appointed counsel
2149	appropriation categories, that may occur from time to time due
2150	to extraordinary events that lead to unexpected expenditures.
2151	(2) In the event that a state attorney or public defender
2152	incurs a deficit in a contracted due process services
2153	appropriation category, the following steps shall be taken in
2154	order:
2155	(a) The state attorney or public defender shall first
2156	attempt to identify surplus funds from other appropriation
2157	categories within his or her office and submit a budget
2158	amendment pursuant to chapter 216 to transfer funds from within
2159	the office.
2160	(b) In the event that the state attorney or public
2161	defender is unable to identify surplus funds from within his or
2162	her office, he or she shall certify this to the Justice
2163	Administrative Commission along with a complete explanation of
2164	the circumstances which led to the deficit and steps the office
2165	has taken to reduce or alleviate the deficit. The Justice
2166	Administrative Commission shall inquire as to whether any other
2167	office has surplus funds in its contracted due process services
2168	appropriation categories which can be transferred to the office
2169	that is experiencing the deficit. If other offices indicate that
2170	surplus funds are available, the Justice Administrative
2171	Commission shall request a budget amendment to transfer funds
2172	from the office or offices to alleviate the deficit upon
2173	agreement of the contributing office or offices.
2174	(c) If no office indicates that surplus funds are
2175	available to alleviate the deficit, the Justice Administrative
2176	Commission may request a budget amendment to transfer funds from
2177	the contingency fund. Such transfers shall be in accordance with
2178	all applicable provisions of chapter 216 and shall be subject to
2179	review and approval by the Legislative Budget Commission. The
2180	Justice Administrative Commission shall submit the documentation
2181	provided by the office explaining the circumstances that led to
2182	the deficit and the steps taken by the office and the Justice
2183	Administrative Commission to identify surplus funds to the
2184	Legislative Budget Commission.
2185	(3) In the event that there is a deficit in a statewide
2186	contracted due process services appropriation category provided
2187	for private court-appointed counsel necessary due to withdrawal
2188	of the public defender due to an ethical conflict, the following
2189	steps shall be taken in order:
2190	(a) The Justice Administrative Commission shall first
2191	attempt to identify surplus funds from other contracted due
2192	process services appropriation categories within the Justice
2193	Administrative Commission and submit a budget amendment pursuant
2194	to chapter 216 to transfer funds from within the commission.
2195	(b) In the event that the Justice Administrative
2196	Commission is unable to identify surplus funds from within the
2197	commission, the commission shall inquire of each of the public
2198	defenders as to whether any office has surplus funds in its
2199	contracted due process services appropriations categories which
2200	can be transferred. If any public defender office or offices
2201	indicate that surplus funds are available, the Justice
2202	Administrative Commission shall request a budget amendment to
2203	transfer funds from the office or offices to alleviate the
2204	deficit upon agreement of the contributing office or offices.
2205	(c) If no public defender office has surplus funds
2206	available to alleviate the deficit, the Justice Administrative
2207	commission may request a budget amendment to transfer funds from
2208	the contingency fund. Such transfers shall be in accordance with
2209	all applicable provisions of chapter 216 and shall be subject to
2210	review and approval by the Legislative Budget Commission. The
2211	Justice Administrative Commission shall submit the documentation
2212	provided by the office explaining the circumstances that led to
2213	the deficit and the steps taken by the Justice Administrative
2214	Commission to identify surplus funds to the Legislative Budget
2215	Commission.
2216	(4) In the event that there is a deficit in a statewide
2217	appropriation category provided for private court-appointed
2218	counsel other than for conflict counsel as described in
2219	subsection (3), the following steps shall be taken in order:
2220	(a) The Justice Administrative Commission shall first
2221	attempt to identify surplus funds from other contracted due
2222	process services appropriation categories within the Justice
2223	Administrative Commission and submit a budget amendment pursuant
2224	to chapter 216 to transfer funds from within the commission.
2225	(b) In the event that the Justice Administrative
2226	Commission is unable to identify surplus funds from within the
2227	commission, the commission may submit a budget amendment to
2228	transfer funds from the contingency fund. Such transfers shall
2229	be in accordance with all applicable provisions of chapter 216
2230	and shall be subject to review and approval by the Legislative
2231	Budget Commission. The Justice Administrative Commission shall
2232	submit documentation explaining the circumstances that led to
2233	the deficit and the steps taken to identify surplus funds to the
2234	Legislative Budget Commission.
2235	(5) Notwithstanding any provisions in chapter 216 to the
2236	contrary, no office shall transfer funds from a contracted due
2237	process services appropriation category or from a contingency
2238	fund category authorized in this section except as specifically
2239	authorized in this section. In addition, funds shall not be
2240	transferred from a state attorney office to alleviate a deficit
2241	in a public defender office and funds shall not be transferred
2242	from a public defender office to alleviate a deficit in a state
2243	attorney office.
2244	Section 38. Section 29.016, Florida Statutes, is created
2245	to read:
2246	29.016 Contingency fund; judicial branch.--
2247	(1) An appropriation may be provided in the General
2248	Appropriations Act for the judicial branch to serve as a
2249	contingency fund to alleviate deficits in contracted due process
2250	services appropriation categories, including private court-
2251	appointed counsel categories, that may occur from time to time
2252	due to extraordinary events that lead to unexpected
2253	expenditures.
2254	(2) In the event that a chief judge incurs such a deficit,
2255	the following steps shall be taken in order:
2256	(a) The chief judge shall attempt to identify surplus
2257	funds from other appropriation categories within his or her
2258	circuit and submit a request to the Chief Justice for a budget
2259	amendment pursuant to chapter 216 to transfer funds from within
2260	the circuit budget.
2261	(b) In the event that the chief judge is unable to
2262	identify surplus funds from within his or her circuit, he or she
2263	shall certify this to the Office of the State Courts
2264	Administrator along with a complete explanation of the
2265	circumstances which led to the deficit and steps taken to reduce
2266	or alleviate the deficit. The Office of the State Courts
2267	Administrator shall inquire as to whether any other circuit has
2268	surplus funds in its contracted due process service
2269	appropriation categories which can be transferred to the circuit
2270	that is experiencing the deficit. If other circuits indicate
2271	that surplus funds are available, the Office of the State Courts
2272	Administrator shall notify the Trial Court Budget Commission
2273	established within the judicial branch by Rule of Judicial
2274	Administration. The Trial Court Budget Commission shall make
2275	recommendations to the Chief Justice to alleviate the deficit.
2276	The Chief Justice may authorize a transfer of funds among
2277	circuits to alleviate the deficit.
2278	(3) If no other circuits indicate that surplus funds are
2279	available to alleviate the deficit, the Trial Court Budget
2280	Commission may request the Chief Justice to request a budget
2281	amendment to transfer funds from the contingency fund. Such
2282	transfers shall be requested subject to the notice and review
2283	requirements set forth in s. 216.177. The Office of the State
2284	Courts Administrator shall include in the budget amendment
2285	documentation provided by the chief judge explaining the
2286	circumstances that led to the deficit and the steps taken to
2287	identify surplus funds to alleviate the deficit.
2288	(4) Notwithstanding any provisions in chapter 216 to the
2289	contrary, no circuit shall transfer funds from a contracted due
2290	process services appropriation category or from a contingency
2291	fund category authorized in this section except as specifically
2292	authorized in this section.
2293	Section 39. Subsection (2) of section 34.032, Florida
2294	Statutes, is amended to read:
2295	34.032 Power of clerk to appoint deputies.--
2296	(2) Any deputy county court clerk appointed for the sole
2297	purpose of issuing arrest warrants for violation of chapter 316
2298	or county or municipal ordinances triable in the county courts
2299	shall have and exercise only those powers of the clerk which are
2300	required to achieve such limited purpose, and those arrest
2301	warrants issued for violation of county or municipal ordinances
2302	shall be funded by the county or municipality which approved the
2303	ordinance.
2304	Section 40. Section 34.041, Florida Statutes, is amended
2305	to read:
2306	34.041 Filing feesService chargesand costs.--
2307	(1) Upon the institution of any civil action or proceeding
2308	in county court, the plaintiff, when filing an action or
2309	proceeding, shall pay the following service charges:
2310	(a) For all claims less than $100 $10.00.
2311	(b) For all claims of $100 or more but not more than
2312	$2,500 25.00.
2313	(c) For all claims of more than $2,500 40.00.
2314	(d) In addition, for all proceedings of garnishment,
2315	attachment, replevin, and distress 35.00.
2316	(e) For removal of tenant action 35.00.
2317
2318	Postal charges incurred by the clerk of the county court in
2319	making service by mail on defendants or other parties shall be
2320	paid by the party at whose instance service is made. Except as
2321	provided herein, service charges for performing duties of the
2322	clerk relating to the county court shall be as provided in ss.
2323	28.24 and 28.241. Service charges in excess of those herein
2324	fixed may be imposed by the clerk for the sole purpose of
2325	funding court-related services performed by the clerk.governing
2326	authority of the county by ordinance or by special or local law,
2327	and such excess shall be expended as provided by such ordinance
2328	or any special or local law now or hereafter in force to provide
2329	and maintain facilities, including a law library, for the use of
2330	the county court in the county in which the charge is collected;
2331	to provide and maintain equipment; or for a legal aid program.
2332	All filing fees shall be retained as fee income of the office of
2333	the clerk of circuit court. Filing feesService chargesimposed
2334	by this section may not be added to any penalty imposed by
2335	chapter 316 or chapter 318. The sum of all service charges and
2336	fees permitted under this subsection may not exceed $200.
2337	(2) The judge shall have full discretionary power to waive
2338	the prepayment of costs or the payment of costs accruing during
2339	the action upon the sworn written statement of the plaintiff and
2340	upon other satisfactory evidence of the plaintiff's inability to
2341	pay such costs. When costs are so waived, the notation to be
2342	made on the records shall be "Prepayment of costs waived," or
2343	"Costs waived." The term "pauper" or "in forma pauperis" shall
2344	not be employed.If a party shall fail to pay accrued costs,
2345	though able to do so, the judge shall have power to deny that
2346	party the right to file any new case while such costs remain
2347	unpaid and, likewise, to deny such litigant the right to proceed
2348	further in any case pending. The award of other court costs
2349	shall be according to the discretion of the judge who may
2350	include therein the reasonable costs of bonds and undertakings
2351	and other reasonable court costs incident to the suit incurred
2352	by either party.
2353	(3) In criminal proceedings in county courts, costs shall
2354	be taxed against a person in county court upon conviction or
2355	estreature pursuant to chapter 939. The provisions of s.
2356	28.241(2) shall not apply to criminal proceedings in county
2357	court.
2358	(4) Upon the institution of any appellate proceeding from
2359	the county court to the circuit court, there shall be charged
2360	and collected from the party or parties instituting such
2361	appellate proceedings, including appeals filed by a county or
2362	municipality, filing feesa service chargeas provided in
2363	chapter 28.
2364	(5) A charge or a fee may not be imposed upon a party for
2365	responding by pleading, motion, or other paper to a civil or
2366	criminal action, suit, or proceeding in a county court or to an
2367	appeal to the circuit court.
2368	(6) In addition to the filing fees provided in subsection
2369	(1), in all civil cases, the sum of $7.00 per case shall be paid
2370	by the plaintiff when filing an action for the purpose of
2371	funding the court costs. Such funds shall be remitted by the
2372	clerk to the Department of Revenue for deposit to the General
2373	Revenue Fund.
2374	(7) For purposes of this section, "plaintiff" includes a
2375	county or municipality filing any civil action.
2376	Section 41. Subsection (6) of section 34.13, Florida
2377	Statutes, is amended to read:
2378	34.13 Method of prosecution.--
2379	(6) Any circuit court clerk acting as clerk of the county
2380	court, or any deputy county court clerk appointed for the sole
2381	purpose of issuing arrest warrants, or any county court clerk,
2382	may, at municipal expense,administer an oath to and take
2383	affidavit of any person charging another person with a violation
2384	of a municipal ordinance and may issue a warrant on the usual
2385	form, making it returnable to the appropriate county court
2386	judge. The authority granted to a clerk or deputy clerk under
2387	this section shall be subordinate to that of any state judge.
2388	Section 42. Section 34.171, Florida Statutes, is amended
2389	to read:
2390	34.171 Salaries and expenses.--Unless the state shall pay
2391	such expenses,The county shall pay all reasonable salaries of
2392	bailiffs, secretaries, and assistants of the circuit and county
2393	courts and all reasonable expenses of the offices of circuit and
2394	county court judges.
2395	Section 43. Subsection (2) of section 34.181, Florida
2396	Statutes, is amended to read:
2397	34.181 Branch courts.--
2398	(2) Any municipality or county which so applies shall be
2399	required to provide the appropriate physical facilities as
2400	defined in s. 29.008in which the county court may hold court.
2401	Section 44. Section 34.191, Florida Statutes, is amended
2402	to read:
2403	34.191 Fines and, forfeitures, and costs.--
2404	(1)All fines and forfeitures arising from offenses tried
2405	in the county court shall be collected and accounted for by the
2406	clerk of the court and deposited in a special trust account. All
2407	fines and forfeitures received from violations of ordinances or
2408	misdemeanors committed within a county, or of municipal
2409	ordinances committed within a municipality within the
2410	territorial jurisdiction of the county court, shall be paid
2411	monthly to the county or municipality respectively except as
2412	provided in s. 318.21 or s. 943.25.
2413	(2) All court costs assessed in county court must be paid
2414	to and retained by the county, except as provided in s. 943.25
2415	and subsection (3) of this section.
2416	(3) If a municipality incurs any cost of operation of the
2417	county court, including any cost of prosecution, it may apply to
2418	the chief judge of the circuit for an order directing the county
2419	to distribute reasonable court costs to the municipality. If not
2420	satisfied with the order of the chief judge, the municipality
2421	may apply to the Supreme Court for an order apportioning the
2422	costs.
2423	(4) The board of county commissioners may assign the
2424	collection of fines, court costs, and other costs imposed by the
2425	court that are past due for 90 days or more to a private
2426	attorney or collection agency that is licensed or registered in
2427	this state, if the board of county commissioners determines that
2428	the assignment is cost-effective and follows established bid
2429	practices. The board of county commissioners may authorize a fee
2430	to be added to the outstanding balance to offset any collection
2431	costs that will be incurred.
2432	Section 45. Section 39.0134, Florida Statutes, is amended
2433	to read:
2434	39.0134 Appointed counsel; compensation.--
2435	(1)If counsel is entitled to receive compensation for
2436	representation pursuant to a court appointment in a dependency
2437	proceeding pursuant to this chapter, such compensation shall be
2438	paid in accordance with s. 27.5304established by each county.
2439	The statecountymay acquire and enforce a lien upon court-
2440	ordered payment of attorney's fees and costs in accordance with
2441	s. 984.08.
2442	(2) If counsel is entitled to receive compensation for
2443	representation pursuant to court appointment in a termination of
2444	parental rights proceeding, such compensation shall not exceed
2445	$1,000 at the trial level and $2,500 at the appellate level.
2446	Section 46. Subsection (3) of section 39.4075, Florida
2447	Statutes, is amended to read:
2448	39.4075 Referral of a dependency case to mediation.--
2449	(3) The department shall advise the parties that they are
2450	responsible for contributing to the cost of the dependency
2451	mediation to the extent of their ability to pay.
2452	Section 47. Subsection (1) of section 39.815, Florida
2453	Statutes, is amended to read:
2454	39.815 Appeal.--
2455	(1) Any child, any parent or guardian ad litem of any
2456	child, any other party to the proceeding who is affected by an
2457	order of the court, or the department may appeal to the
2458	appropriate district court of appeal within the time and in the
2459	manner prescribed by the Florida Rules of Appellate Procedure.
2460	The district court of appeal shall give an appeal from an order
2461	terminating parental rights priority in docketing and shall
2462	render a decision on the appeal as expeditiously as possible.
2463	Appointed counsel shall be compensated as provided in s.
2464	27.5304(5)39.0134.
2465	Section 48. Section 40.001, Florida Statutes, is created
2466	to read:
2467	40.001 Chief judge; authority; duties.--The chief judge of
2468	each judicial circuit is vested with overall authority and
2469	responsibility for the management, operation, and oversight of
2470	the jury system within his or her circuit. However, in
2471	accordance with this chapter and chapter 905, the clerk of the
2472	circuit court has specific responsibilities regarding the
2473	processing of jurors, including, but not limited to,
2474	qualifications, summons, selection lists, reporting, and
2475	compensation of jurors. The clerk of the circuit court may
2476	contract with the chief judge for the court's assistance in the
2477	provision of services to process jurors. The chief judge may
2478	also designate to the clerk of the circuit court additional
2479	duties consistent with established uniform standards of jury
2480	management practices that the Supreme Court may adopt by rule or
2481	issue through administrative order.
2482	Section 49. Subsection (3) of section 40.02, Florida
2483	Statutes, is amended to read:
2484	40.02 Selection of jury lists.--
2485	(3) The clerk of the court shallchief judge may designate
2486	the court administrator toperform the duties set forth in this
2487	section and in ss. 40.221, 40.23, and 40.231 in counties having
2488	an approved, computerized jury selection system, the provisions
2489	of any special law or general law of local application to the
2490	contrary notwithstanding. However, the chief judge may designate
2491	the court administrator to perform these duties if the county
2492	provides funding to the court administrator to provide the
2493	personnel and other costs associated with jury services.
2494	Section 50. Subsection (1) of section 40.29, Florida
2495	Statutes, is amended to read:
2496	40.29 Clerks to make estimates and requisitions for
2497	certain due process costsestimate amount for pay of jurors and
2498	witnesses and make requisition.--
2499	(1) The clerk of the court in and for any county shall
2500	make an estimate of the amount necessary during any quarterly
2501	fiscal period beginning July 1 and during each succeeding
2502	quarterly fiscal period for the payment by the state of juror
2503	compensation and expenses; court reporter, interpreter, and
2504	translator services; witnesses, including expert witnesses;
2505	mental health professionals; and private court-appointed
2506	counsel, each in accordance with the applicable requirements of
2507	chapter 29. The clerk of such court:
2508	(a) Jurors in the circuit court and the county court;
2509	(b) Witnesses before the grand jury;
2510	(c) Witnesses summoned to appear for an investigation,
2511	preliminary hearing, or trial in a criminal case when the
2512	witnesses are summoned by a state attorney or on behalf of an
2513	indigent defendant;
2514	(d) Mental health professionals who are appointed pursuant
2515	to s. 394.473 and required in a court hearing involving an
2516	indigent; and
2517	(e) Expert witnesses who are appointed pursuant to s.
2518	916.115(2) and required in a court hearing involving an
2519	indigent;
2520
2521	and shall forward each such estimate to the Office of theState
2522	Courts Administrator or the Justice Administrative Commission,
2523	as applicable, no later than the date scheduled by the Office of
2524	the State Courts Administrator or the Justice Administrative
2525	Commission. At the time of any forwarding of such estimate, the
2526	clerk of such court shall make a requisition upon the Office of
2527	the State Courts Administrator or the Justice Administrative
2528	Commission, as applicable,for the amount of such estimate; and
2529	the Office of the State Courts Administrator or the Justice
2530	Administrative Commission, as applicable, may reduce the amount
2531	upon finding that the costs are unreasonable, inconsistent with
2532	applicable contractual terms, or inconsistent with compensation
2533	standards established by general lawif in his or her judgment
2534	the requisition is excessive.
2535	Section 51. Section 40.30, Florida Statutes, is amended to
2536	read:
2537	40.30 Requisition endorsed by State Courts Administrator
2538	or designee.--Upon receipt of such estimate and the requisition
2539	from the clerk of the court, the State Courts Administrator or
2540	designee shall endorse the amount that he or she may deem
2541	necessary for the pay of jurors and witnessesduring the
2542	quarterly fiscal period and shall submit a request for payment
2543	to the Chief Financial OfficerComptroller.
2544	Section 52. Subsections (1) and (5) of section 43.16,
2545	Florida Statutes, are amended to read:
2546	43.16 Justice Administrative Commission; membership,
2547	powers and duties.--
2548	(1) There is hereby created a Justice Administrative
2549	Commission of the Judicial Branch of Florida, with headquarters
2550	located in the state capital. The necessary office space for use
2551	of the commission shall be furnished by the proper state agency
2552	in charge of state buildings.
2553	(5) The duties of the commission shall include, but not be
2554	limited to, the following:
2555	(a) The maintenance of a central state office for
2556	administrative services and assistance when possible to and on
2557	behalf of the state attorneys and public defenders of Florida,
2558	the office of capital collateral representative of Florida, and
2559	the Judicial Qualifications Commission.
2560	(b) Each state attorney and public defender and the
2561	Judicial Qualifications Commission shall continue to prepare
2562	necessary budgets, vouchers which represent valid claims for
2563	reimbursement by the state for authorized expenses, and other
2564	things incidental to the proper administrative operation of the
2565	office, such as revenue transmittals to the Chief Financial
2566	Officer andtreasurer, automated systems plans, etc.,but will
2567	forward same to the commission for recording and submission to
2568	the proper state officer. However, when requested by a state
2569	attorney or a public defender or the Judicial Qualifications
2570	Commission, the commission will either assist in the preparation
2571	of budget requests, voucher schedules, and other forms and
2572	reports or accomplish the entire project involved.
2573	(c) Entry into contracts for procuring private court-
2574	appointed counsel.
2575	(d) The maintenance of a statewide registry of attorneys
2576	available to serve as private court-appointed counsel pursuant
2577	to s. 27.40.
2578	Section 53. Section 43.19, Florida Statutes, is amended to
2579	read:
2580	43.19 Money paid into court; unclaimed funds.--
2581	(1) In every case in which the right to withdraw money
2582	deposited as hereinbefore provided has been adjudicated or is
2583	not in dispute and the money has remained so deposited for 5
2584	years or more unclaimed by the person, firm, or corporation
2585	entitled thereto, on or before December 1 of each year the
2586	judge, or one of the judges, of the court shall direct that the
2587	money be deposited into the General Revenue Fundwith the
2588	Treasurer to the credit of the State School Fund, to become a
2589	part of that fund, subject to the right of the person, firm, or
2590	corporation entitled thereto to receive the money as provided in
2591	subsection (3).
2592	(2) The direction that the money be deposited as provided
2593	in subsection (1) shall be by written order. A copy of the order
2594	shall be filed in the action in which the money was originally
2595	deposited. The order shall also be noted in the progress docket
2596	in the action, if a docket is maintained by the court.
2597	(3) Any person, firm or corporation entitled to any of the
2598	money may obtain an order directing the payment of the money to
2599	the claimant on written petition to the court from which the
2600	money was deposited or its successor, and written notice to the
2601	state attorney of the circuit wherein the court is situate,
2602	whether or not the court is a circuit court, and proof of right
2603	thereto, and the money deposited shall constitute and be a
2604	permanent appropriation for payments by the Treasurer of the
2605	state in obedience of such orders.
2606	(4) All interest and income that accrue from the money
2607	while on deposit with the Treasurer to the credit of the State
2608	School Fund belong to that fund.
2609	Section 54. Effective July 1, 2003, section 43.26, Florida
2610	Statutes, is amended to read:
2611	43.26 ChiefPresiding judge of circuit; selection;
2612	powers.--
2613	(1) The chiefpresidingjudge of each judicial circuit,
2614	who shall be a circuit judge, shall exercise administrative
2615	supervision over all the trial courts within the judicial
2616	circuit and over the judges and other officers of such courts.
2617	(2) The chiefpresidingjudge of the circuit shall have
2618	the power:
2619	(a) To assign judges to any division of the courtthe
2620	trial of civil or criminal cases, to preliminary hearings, or to
2621	divisionsand to determine the length of the assignment;
2622	(b) To assign clerks and bailiffs;
2623	(b)(c)To regulate use of courtrooms;
2624	(c)(d)To supervise dockets and calendars;
2625	(d)(e) To require attendance of state attorneys,
2626	prosecutors and public defenders, clerks, bailiffs, and all
2627	other officers of the court; and
2628	(e)(f)To do everything necessary to promote the prompt
2629	and efficient administration of justice in the courts over which
2630	he or she is chief judgepresides.
2631	(3) The chiefpresidingjudge shall be responsible to the
2632	Chief Justice of the Supreme Court for such information as may
2633	be required by the Chief Justice, including, but not limited to,
2634	caseload, status of dockets, and disposition of cases in the
2635	courts over which he or she presides.
2636	(4) The presiding judge of the circuit shall be selected
2637	by a majority of the judges subject to this section in that
2638	circuit for a term of 2 years. The presiding judge may succeed
2639	himself or herself for successive terms.
2640	(4)(5)Failure of any judge, clerk, prosecutor, public
2641	defender, or other officer of the court to comply with an order
2642	or directive of the chiefpresidingjudge under this section
2643	shall constitute neglect of duty for which such officer may be
2644	suspended from office as provided by law.
2645	(5)(6) There may be a trial court administratoran
2646	executive assistant to the presiding judgewho shall perform
2647	such duties as the chiefpresidingjudge may direct.
2648	Section 55. Section 43.35, Florida Statutes, is amended to
2649	read:
2650	43.35 Witness coordinationcoordinating offices.--Each
2651	state attorney and public defendercourt administrator shall
2652	establish a witness coordinating office in each county within
2653	his or her judicial circuit. The officeshall be responsible
2654	for:
2655	(1) Coordinating court appearances, including pretrial
2656	conferences and depositions, for all witnesses who are
2657	subpoenaed in criminal cases, including law enforcement
2658	personnel.
2659	(2) Contacting witnesses and securing information
2660	necessary to place a witness on an on-call status with regard to
2661	his or her court appearance.
2662	(3) Contacting witnesses to advise them not to report to
2663	court in the event the case for which they have been subpoenaed
2664	has been continued or has had a plea entered, or in the event
2665	there is any other reason why their attendance is not required
2666	on the dates they have been ordered to report.
2667	(4) Contacting the employer of a witness, when necessary,
2668	to confirm that the employee has been subpoenaed to appear in
2669	court as a witness.
2670
2671	In addition, the state attorney or public defenderthe office
2672	may provide additional services to reduce time and wage losses
2673	to a minimum for all witnesses.
2674	Section 56. Effective July 1, 2003, section 44.108,
2675	Florida Statutes, is amended to read:
2676	44.108 Funding of mediation and arbitration.--In addition
2677	to any other service charges levied by law, a filing fee of $45
2678	on every petition for a modification of a final judgment of
2679	dissolution, a filing fee of $5 on every county civil court
2680	filing, and a filing fee of $5 on every circuit civil court
2681	filing shall be levied. The charges shall be collected by the
2682	clerk of court and all but $1 of each fee collected shall be
2683	forwarded to the Department of Revenue for deposit in the
2684	General Revenue Fund to fund mediation and arbitration services
2685	and the responsibilities of the Supreme Court set forth in s.
2686	44.106.Mediation should be accessible to all parties regardless
2687	of financial status. Each board of county commissioners may
2688	support mediation and arbitration services by appropriating
2689	moneys from county revenues and by:
2690	(1) Levying, in addition to other service charges levied
2691	by law, a service charge of no more than $5 on any circuit court
2692	proceeding, which shall be deposited in the court's mediation-
2693	arbitration account fund under the supervision of the chief
2694	judge of the circuit in which the county is located; and
2695	(2) Levying, in addition to other service charges levied
2696	by law, a service charge of no more than $5 on any county court
2697	proceeding, which shall be deposited in the county's mediation-
2698	arbitration account fund to be used to fund county civil
2699	mediation services under the supervision of the chief judge of
2700	the circuit in which the county is located.
2701	(3) Levying, in addition to other service charges levied
2702	by law, a service charge of no more than $45 on any petition for
2703	a modification of a final judgment of dissolution, which shall
2704	be deposited in the court's family mediation account fund to be
2705	used to fund family mediation services under the supervision of
2706	the chief judge of the circuit in which the county is located.
2707	(4) If a board of county commissioners levies the service
2708	charge authorized in subsection (1), subsection (2), or
2709	subsection (3),The clerk of the court shall forward $1 of each
2710	charge to the Department of Revenue for deposit in the state
2711	mediation and arbitration trust fund which is hereby
2712	established. Such fund shall be used by the Supreme Court to
2713	carry out its responsibilities set forth in s. 44.106.
2714	Section 57. Paragraph (b) of subsection (1) of section
2715	49.10, Florida Statutes, is amended to read:
2716	49.10 Notice of action, publication, proof.--
2717	(1)
2718	(b) In proceedings described in s. 49.011(4), (10), and
2719	(11), except in those counties where, pursuant to s. 50.071(3),
2720	notices are by law required to be published by designated record
2721	newspaper,the clerk of the court shall post notices of action
2722	in the manner prescribed by s. 49.11 when such notices are
2723	required of persons authorized to proceed as insolvent and
2724	poverty-stricken persons under s. 57.081.
2725	Section 58. Subsection (2) of section 55.141, Florida
2726	Statutes, is amended to read:
2727	55.141 Satisfaction of judgments and decrees; duties of
2728	clerk and judge.--
2729	(2) Upon such payment, the clerk, or the judge if there is
2730	no clerk, shall issue his or her receipt therefor and shall
2731	record a satisfaction of judgment, provided by the judgment
2732	holder, upon payment of the recording charge prescribed in s.
2733	28.24(12)(15)plus the necessary costs of mailing to the clerk
2734	or judge. The clerk or judge shall formally notify the owner of
2735	record of such judgment or decree, if such person and his or her
2736	address are known to the clerk or judge receiving such payment,
2737	and, upon request therefor, shall pay over to the person
2738	entitled, or to his or her order, the full amount of the payment
2739	so received, less his or her fees for issuing execution on such
2740	judgment or decree, if any has been issued, and less his or her
2741	fees for receiving into and paying out of the registry of the
2742	court such payment, together with the fees of the clerk for
2743	receiving into and paying such money out of the registry of the
2744	court.
2745	Section 59. Effective July 1, 2003, subsection (1) of
2746	section 57.081, Florida Statutes, is amended to read:
2747	57.081 Costs; right to proceed where prepayment of costs
2748	waived.--
2749	(1) Any indigent person, except a prisoner as defined in
2750	s. 57.085, who is a party or intervenor in any judicial or
2751	administrative agency proceeding or who initiates such
2752	proceeding shall receive the services of the courts, sheriffs,
2753	and clerks, with respect to such proceedings, despite his or her
2754	present inability to pay for these serviceswithout charge. Such
2755	services are limited to filing fees; service of process;
2756	certified copies of orders or final judgments; a single
2757	photocopy of any court pleading, record, or instrument filed
2758	with the clerk; examining fees; mediation services and fees;
2759	court-appointed counsel fees; subpoena fees and services;
2760	service charges for collecting and disbursing funds; and any
2761	other cost or service arising out of pending litigation. In any
2762	appeal from an administrative agency decision, for which the
2763	clerk is responsible for preparing the transcript, the clerk
2764	shall recordwaivethe cost of preparing the transcripts and the
2765	cost for copies of any exhibits in the record. Prepayment of
2766	costs to any court, clerk, or sheriff is not required in any
2767	action if the party has obtained from theclerkin each
2768	proceeding a certification of indigency in accordance with s.
2769	27.52, based on an affidavit of the applicant claiming that the
2770	applicant is indigent and unable to pay the charges otherwise
2771	payable by law to any of such officers, providing the details of
2772	the applicant's financial condition, and containing a statement
2773	that certifies that no person has been paid or promised any
2774	payment of any remuneration by the applicant for services
2775	performed on behalf of the applicant in connection with the
2776	action or proceeding. However, when the person is represented by
2777	an attorney, the person need not file an affidavit in order to
2778	be exempt from payment of charges under this subsection. A
2779	represented person is exempt from charges under this subsection
2780	if the attorney of such person files a written certificate,
2781	signed by the attorney, certifying that the attorney has made an
2782	investigation to ascertain the financial condition of the client
2783	and has found the client to be indigent; that the attorney has
2784	investigated the nature of the applicant's position and in the
2785	attorney's opinion it is meritorious as a matter of law; and
2786	that the attorney has not been paid or promised payment of any
2787	remuneration for services and intends to act as attorney for the
2788	applicant without compensation. On the failure or refusal of the
2789	clerk to issue a certificate of indigency, the applicant is
2790	entitled to a review of the application for the certificate by
2791	the court having jurisdiction of the cause of action.
2792	Section 60. Subsections (2), (3), (4), (5), and (8) of
2793	section 57.085, Florida Statutes, are amended to read:
2794	57.085 Waiver of prepayment of court costs and fees for
2795	indigent prisoners.--
2796	(2) When a prisoner who is intervening in or initiating a
2797	judicial proceeding seeks to defer thewaiver ofprepayment of
2798	court costs and fees because of indigency, the prisoner must
2799	file an affidavit of indigency with the appropriate clerk of the
2800	court. The affidavit must contain complete information about the
2801	prisoner's identity; the nature and amount of the prisoner's
2802	income; all real property owned by the prisoner; all tangible
2803	and intangible property worth more than $100 which is owned by
2804	the prisoner; the amount of cash held by the prisoner; the
2805	balance of any checking, savings, or money market account held
2806	by the prisoner; the prisoner's dependents, including their
2807	names and ages; the prisoner's debts, including the name of each
2808	debtor and the amount owed to each debtor; and the prisoner's
2809	monthly expenses. The prisoner must certify in the affidavit
2810	whether the prisoner has been adjudicated indigent under this
2811	section, certified indigent under s. 57.081, or authorized to
2812	proceed as an indigent under 28 U.S.C. s. 1915 by a federal
2813	court. The prisoner must attach to the affidavit a photocopy of
2814	the prisoner's trust account records for the preceding 6 months
2815	or for the length of the prisoner's incarceration, whichever
2816	period is shorter. The affidavit must contain the following
2817	statements: "I am unable to pay court costs and fees. Under
2818	penalty of perjury, I swear or affirm that all statements in
2819	this affidavit are true and complete."
2820	(3) Before a prisoner may receive a deferralwaiverof
2821	prepayment of any court costs and fees for an action brought
2822	under this section, the indigency examinercourtmust review the
2823	affidavit of indigency and certifyadjudicate the prisoner is
2824	indigent.
2825	(4) When the examiner has issued a certificate of
2826	indigency under this sectiona court adjudicates a prisoner
2827	indigent but concludes, from the affidavit of indigency or other
2828	information, thatthe prisoner is able to pay part of the court
2829	costs and fees required by law, the court shall order the
2830	prisoner to make, prior to service of process, an initial
2831	partial payment of those court costs and fees. The initial
2832	partial payment must total at least 20 percent of the average
2833	monthly balance of the prisoner's trust account for the
2834	preceding 6 months or for the length of the prisoner's
2835	incarceration, whichever period is shorter.
2836	(5) When an examiner has issued a certificate of indigency
2837	a court adjudicates a prisoner indigentunder this section, the
2838	court shall order the prisoner to make monthly payments of no
2839	less than 20 percent of the balance of the prisoner's trust
2840	account as payment of court costs and fees. When a court orders
2841	such payment, the Department of Corrections or the local
2842	detention facility shall place a lien on the inmate's trust
2843	account for the full amount of the court costs and fees, and
2844	shall withdraw money maintained in that trust account and
2845	forward the money, when the balance exceeds $10, to the
2846	appropriate clerk of the court until the prisoner's court costs
2847	and fees are paid in full.
2848	(8) In any judicial proceeding in which a certificate of
2849	indigency has been issued to a prisoner has been adjudicated
2850	indigent and has been granted a full or partial waiver of court
2851	costs and fees, the court may at any time dismiss the prisoner's
2852	action, in whole or in part, upon a finding that:
2853	(a) The prisoner's claim of indigency is false or
2854	misleading;
2855	(b) The prisoner provided false or misleading information
2856	regarding another judicial or administrative proceeding in which
2857	the prisoner was a party;
2858	(c) The prisoner failed to pay court costs and fees
2859	assessedunder this section despite having the ability to pay;
2860	or
2861	(d) The prisoner's action or a portion of the action is
2862	frivolous or malicious.
2863	Section 61. Effective July 1, 2003, subsections (2) and
2864	(6) of section 61.21, Florida Statutes, are amended to read:
2865	61.21 Parenting course authorized; fees; required
2866	attendance authorized; contempt.--
2867	(2) The Department of Children and Family ServicesAll
2868	judicial circuits in the stateshall approve a parenting course
2869	which shall be a course of a minimum of 4 hours designed to
2870	educate, train, and assist divorcing parents in regard to the
2871	consequences of divorce on parents and children.
2872	(a) The parenting course referred to in this section shall
2873	be named the Parent Education and Family Stabilization Course
2874	and may include, but need not be limited to, the following
2875	topics as they relate to court actions between parents involving
2876	custody, care, visitation, and support of a child or children:
2877	1. Legal aspects of deciding child-related issues between
2878	parents.
2879	2. Emotional aspects of separation and divorce on adults.
2880	3. Emotional aspects of separation and divorce on
2881	children.
2882	4. Family relationships and family dynamics.
2883	5. Financial responsibilities to a child or children.
2884	6. Issues regarding spousal or child abuse and neglect.
2885	7. Skill-based relationship education that may be
2886	generalized to parenting, workplace, school, neighborhood, and
2887	civic relationships.
2888	(b) Information regarding spousal and child abuse and
2889	neglect shall be included in every parent education and family
2890	stabilization course. A list of local agencies that provide
2891	assistance with such issues shall also be provided.
2892	(c) The parent education and family stabilization course
2893	shall be educational in nature and shall not be designed to
2894	provide individual mental health therapy for parents or
2895	children, or individual legal advice to parents or children.
2896	(d) Course providers shall not solicit participants from
2897	the sessions they conduct to become private clients or patients.
2898	(e) Course providers shall not give individual legal
2899	advice or mental health therapy.
2900	(6) The department shall provide each judicial circuit
2901	withmayestablish a list of approvedregistry ofcourse
2902	providers and sites at which the parent education and family
2903	stabilization course required by this section may be completed.
2904	The departmentcourt shall also include onwithin the list
2905	registryof course providers and sites at least one site in each
2906	circuit at which the parent education and family stabilization
2907	course may be completed on a sliding fee scale, if available.
2908	Section 62. Section 77.28, Florida Statutes, is amended to
2909	read:
2910	77.28 Garnishment; attorney's fees, costs, expenses;
2911	deposit required.--Before issuance of any writ of garnishment,
2912	the party applying for it shall deposit $100 in the registry of
2913	the court which shall be paid to the garnishee on the
2914	garnishee's demand at any time after the service of the writ for
2915	the payment or part payment of his or her attorney's fee which
2916	the garnishee expends or agrees to expend in obtaining
2917	representation in response to the writ. At the time of deposit,
2918	the clerk shall collect the statutory fee provided by s.
2919	28.24(10)(13)in addition to the $100 deposited into the
2920	registry of the court. On rendering final judgment, the court
2921	shall determine the garnishee's costs and expenses, including a
2922	reasonable attorney's fee, and in the event of a judgment in
2923	favor of the plaintiff, the amount shall be subject to offset by
2924	the garnishee against the defendant whose property or debt owing
2925	is being garnished. In addition, the court shall tax the
2926	garnishee's costs and expenses as costs. Plaintiff may recover
2927	in this manner the sum advanced by plaintiff and paid into
2928	registry of court, and if the amount allowed by the court is
2929	greater than the amount of the deposit, together with any
2930	offset, judgment for the garnishee shall be entered against the
2931	party against whom the costs are taxed for the deficiency.
2932	Section 63. Effective July 1, 2003, section 92.231,
2933	Florida Statutes, is amended to read:
2934	92.231 Expert witnesses; fee.--
2935	(1) The term "expert witness" as used herein shall apply
2936	to any witness who offers himself or herself in the trial of any
2937	civilaction as an expert witness or who is subpoenaed to
2938	testify in such capacity before a state attorney in the
2939	investigation of a criminal matter, or before a grand jury, and
2940	who is permitted by the court to qualify and testify as such,
2941	upon any matter pending before any court.
2942	(2) Any expert or skilled witness who shall have testified
2943	in any cause shall be allowed a witness fee including the cost
2944	of any exhibits used by such witness in anthe amount agreed to
2945	by the partiesof $10 per hour or such amount as the trial judge
2946	may deem reasonable, and the same shall be taxed as costs. In
2947	instances where services are provided for the state,
2948	reimbursement from the state funds shall not exceed standard
2949	amounts as provided by general law.
2950	Section 64. Section 125.69, Florida Statutes, is amended
2951	to read:
2952	125.69 Penalties; enforcement by code inspectors.--
2953	(1) Violations of county ordinances shall be prosecuted in
2954	the same manner as misdemeanors are prosecuted. Such violations
2955	shall be prosecuted in the name of the countystatein a court
2956	having jurisdiction of misdemeanors by the prosecuting attorney
2957	thereof and upon conviction shall be punished by a fine not to
2958	exceed $500 or by imprisonment in the county jail not to exceed
2959	60 days or by both such fine and imprisonment. However, a county
2960	may specify, by ordinance, a violation of a county ordinance
2961	which is punishable by a fine in an amount exceeding $500, but
2962	not exceeding $2,000 a day, if the county must have authority to
2963	punish a violation of that ordinance by a fine in an amount
2964	greater than $500 in order for the county to carry out a
2965	federally mandated program.
2966	(2) For the purpose of prosecuting violations of county
2967	ordinances under this section, the board of county commissioners
2968	of each county and the governing board of each charter county
2969	may designate as the county's prosecuting attorney an attorney
2970	employed by the county or a contract attorney. Subject to the
2971	control and oversight of the appointing authority, such attorney
2972	may employ assistants as necessary. Such person shall have all
2973	powers exercisable by the state attorney in the prosecution of
2974	violations of county ordinances under this section as of June
2975	30, 2004. Such person shall be subject to suspension and removal
2976	by the Governor and Senate from the exercise of prosecutorial
2977	powers in the same manner as state attorneys.
2978	(3) Each county is authorized and required to pay any
2979	attorney appointed by the court to represent a defendant
2980	prosecuted under this section if the provision of an attorney at
2981	public expense is required by the Constitution of the United
2982	States or the Constitution of the State of Florida and if the
2983	party is indigent as established pursuant to s. 27.52. In such
2984	cases, the court shall appoint counsel to represent the
2985	defendant from the registry of private counsel established
2986	pursuant to s. 27.40, and shall order the county to pay the
2987	reasonable fees, expenses, and costs of such defense.
2988	(4) The county shall bear all court fees and costs of any
2989	prosecution under this section, and may, if it prevails, recover
2990	the court fees and costs paid by it and the fees and expenses
2991	paid to a court-appointed attorney as part of its judgment. The
2992	state shall bear no expense of actions brought under this
2993	section except those that it would bear in an ordinary civil
2994	action between private parties in county court.
2995	(5)(2)The board of county commissioners of each county
2996	may designate its agents or employees as code inspectors whose
2997	duty it is to assure code compliance. Any person designated as a
2998	code inspector may issue citations for violations of county
2999	codes and ordinances, respectively, or subsequent amendments
3000	thereto, when such code inspector has actual knowledge that a
3001	violation has been committed.
3002	(a) Prior to issuing a citation, a code inspector shall
3003	provide notice to the violator that the violator has committed a
3004	violation of a code or ordinance and shall establish a
3005	reasonable time period within which the violator must correct
3006	the violation. Such time period shall be no more than 30 days.
3007	If, upon personal investigation, a code inspector finds that the
3008	violator has not corrected the violation within the time period,
3009	a code inspector may issue a citation to the violator. A code
3010	inspector does not have to provide the violator with a
3011	reasonable time period to correct the violation prior to issuing
3012	a citation and may immediately issue a citation if the code
3013	inspector has reason to believe that the violation presents a
3014	serious threat to the public health, safety, or welfare, or if
3015	the violation is irreparable or irreversible.
3016	(b) A citation issued by a code inspector shall state the
3017	date and time of issuance, name and address of the person in
3018	violation, date of the violation, section of the codes or
3019	ordinances, or subsequent amendments thereto, violated, name of
3020	the code inspector, and date and time when the violator shall
3021	appear in county court.
3022	(c) If a repeat violation is found subsequent to the
3023	issuance of a citation, the code inspector is not required to
3024	give the violator a reasonable time to correct the violation and
3025	may immediately issue a citation. For purposes of this
3026	subsection, the term "repeat violation" means a violation of a
3027	provision of a code or ordinance by a person who has previously
3028	been found to have violated the same provision within 5 years
3029	prior to the violation, notwithstanding the violations occurred
3030	at different locations.
3031	(d) If the owner of property which is subject to an
3032	enforcement proceeding before county court transfers ownership
3033	of such property between the time the initial citation or
3034	citations are issued and the date the violator has been summoned
3035	to appear in county court, such owner shall:
3036	1. Disclose, in writing, the existence and the nature of
3037	the proceeding to the prospective transferee.
3038	2. Deliver to the prospective transferee a copy of the
3039	pleadings, notices, and other materials relating to the county
3040	court proceeding received by the transferor.
3041	3. Disclose, in writing, to the prospective transferee
3042	that the new owner will be responsible for compliance with the
3043	applicable code and with orders issued in the county court
3044	proceeding.
3045	4. File a notice with the code enforcement official of the
3046	transfer of the property, with the identity and address of the
3047	new owner and copies of the disclosures made to the new owner,
3048	within 5 days after the date of the transfer.
3049
3050	A failure to make the disclosure described in subparagraphs 1.,
3051	2., and 3. before the transfer creates a rebuttable presumption
3052	of fraud. If the property is transferred before the date the
3053	violator has been summoned to appear in county court, the
3054	proceeding shall not be dismissed but the new owner will be
3055	substituted as the party of record and thereafter provided a
3056	reasonable period of time to correct the violation before the
3057	continuation of proceedings in county court.
3058	(e) If the code inspector has reason to believe a
3059	violation or the condition causing the violation presents a
3060	serious threat to the public health, safety, and welfare or if
3061	the violation is irreparable or irreversible in nature, or if
3062	after attempts under this section to bring a repeat violation
3063	into compliance with a provision of a code or ordinance prove
3064	unsuccessful, the local governing body may make all reasonable
3065	repairs which are required to bring the property into compliance
3066	and charge the owner with the reasonable cost of the repairs
3067	along with the fine imposed pursuant to this section. Making
3068	such repairs does not create a continuing obligation on the part
3069	of the local governing body to make further repairs or to
3070	maintain the property and does not create any liability against
3071	the local governing body for any damages to the property if such
3072	repairs were completed in good faith.
3073	(f) Nothing in this subsection shall be construed to
3074	authorize any person designated as a code inspector to perform
3075	any function or duties of a law enforcement officer other than
3076	as specified in this subsection. A code inspector shall not make
3077	physical arrests or take any person into custody and shall be
3078	exempt from requirements relating to the Special Risk Class of
3079	the Florida Retirement System, bonding, and the Criminal Justice
3080	Standards and Training Commission, as defined and provided by
3081	general law.
3082	(g) The provisions of this subsection shall not apply to
3083	the enforcement pursuant to ss. 553.79 and 553.80 of the Florida
3084	Building Code adopted pursuant to s. 553.73 as applied to
3085	construction, provided that a building permit is either not
3086	required or has been issued by the county.
3087	(h) The provisions of this subsection may be used by a
3088	county in lieu of the provisions of part II of chapter 162.
3089	(i) The provisions of this subsection are additional or
3090	supplemental means of enforcing county codes and ordinances.
3091	Except as provided in paragraph (h), nothing in this subsection
3092	shall prohibit a county from enforcing its codes or ordinances
3093	by any other means.
3094	Section 65. Section 162.30, Florida Statutes, is created
3095	to read:
3096	162.30 Civil actions to enforce county and municipal
3097	ordinances.--In addition to other provisions of law authorizing
3098	the enforcement of county and municipal codes and ordinances, a
3099	county or municipality may enforce any violation of a county or
3100	municipal code or ordinance by filing a civil action in the same
3101	manner as instituting a civil action. The action shall be
3102	brought in county or circuit court, whichever is appropriate
3103	depending upon the relief sought. Counties and municipalities
3104	are authorized and required to pay any attorney appointed by the
3105	court to represent a private party in such action if the
3106	provision of an attorney at public expense is required by the
3107	Constitution of the United States or the Constitution of the
3108	State of Florida and if the party is indigent as established
3109	pursuant to s. 27.52. The county or municipality shall bear all
3110	court fees and costs of any such action, and may, if it
3111	prevails, recover the court fees and costs and expense of the
3112	court-appointed attorney as part of its judgment. The state
3113	shall bear no expense of actions brought under this section
3114	except those that it would bear in an ordinary civil action
3115	between private parties in county court.
3116	Section 66. Section 197.532, Florida Statutes, is amended
3117	to read:
3118	197.532 Fees for mailing additional notices, when
3119	application is made by holder.--When the certificateholder makes
3120	a written request of the clerk and furnishes the names and
3121	addresses at the time of the filing of the application, the
3122	clerk shall send a copy of the notice referred to in s. 197.522
3123	to anyone to whom the certificateholder may request him or her
3124	to send it, and the clerk shall include in such notice the
3125	statement required in s. 197.522. The certificateholder shall
3126	pay the clerk the service charges as prescribed in s.
3127	28.24(5)(8)for preparing and mailing each copy of notice
3128	requested by the holder. When the charges are made, they shall
3129	be added by the clerk to the amount required to redeem the land
3130	from sale.
3131	Section 67. Subsection (3) of section 197.542, Florida
3132	Statutes, is amended to read:
3133	197.542 Sale at public auction.--
3134	(3) If the sale is canceled for any reason, the clerk
3135	shall immediately readvertise the sale to be held no later than
3136	30 days after the date the sale was canceled. Only one
3137	advertisement is necessary. No further notice is required. The
3138	amount of the statutory (opening) bid shall be increased by the
3139	cost of advertising, additional clerk's fees as provided for in
3140	s. 28.24(23)(26), and interest as provided for in subsection
3141	(1). The clerk shall receive full payment prior to the issuance
3142	of the tax deed.
3143	Section 68. Subsection (2) of section 197.582, Florida
3144	Statutes, is amended to read:
3145	197.582 Disbursement of proceeds of sale.--
3146	(2) If the property is purchased for an amount in excess
3147	of the statutory bid of the certificateholder, the excess shall
3148	be paid over and disbursed by the clerk. If the property
3149	purchased is homestead property and the statutory bid includes
3150	an amount equal to at least one-half of the assessed value of
3151	the homestead, that amount shall be treated as excess and
3152	distributed in the same manner. The clerk shall distribute the
3153	excess to the governmental units for the payment of any lien of
3154	record held by a governmental unit against the property. In the
3155	event the excess is not sufficient to pay all of such liens in
3156	full, the excess shall then be paid to each governmental unit
3157	pro rata. If, after all liens of record of the governmental
3158	units upon the property are paid in full, there remains a
3159	balance of undistributed funds, the balance of the purchase
3160	price shall be retained by the clerk for the benefit of the
3161	persons described in s. 197.522(1)(a), as their interests may
3162	appear. The clerk shall mail notices to such persons notifying
3163	them of the funds held for their benefit. Any service charges,
3164	at the same rate as prescribed in s. 28.24(10)(13), and costs of
3165	mailing notices shall be paid out of the excess balance held by
3166	the clerk. Excess proceeds shall be held and disbursed in the
3167	same manner as unclaimed redemption moneys in s. 197.473. In the
3168	event excess proceeds are not sufficient to cover the service
3169	charges and mailing costs, the clerk shall receive the total
3170	amount of excess proceeds as a service charge.
3171	Section 69. Paragraph (d) of subsection (2) of section
3172	212.055, Florida Statutes, is amended to read:
3173	212.055 Discretionary sales surtaxes; legislative intent;
3174	authorization and use of proceeds.--It is the legislative intent
3175	that any authorization for imposition of a discretionary sales
3176	surtax shall be published in the Florida Statutes as a
3177	subsection of this section, irrespective of the duration of the
3178	levy. Each enactment shall specify the types of counties
3179	authorized to levy; the rate or rates which may be imposed; the
3180	maximum length of time the surtax may be imposed, if any; the
3181	procedure which must be followed to secure voter approval, if
3182	required; the purpose for which the proceeds may be expended;
3183	and such other requirements as the Legislature may provide.
3184	Taxable transactions and administrative procedures shall be as
3185	provided in s. 212.054.
3186	(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
3187	(d)1. The proceeds of the surtax authorized by this
3188	subsection and any interest accrued thereto shall be expended by
3189	the school district or within the county and municipalities
3190	within the county, or, in the case of a negotiated joint county
3191	agreement, within another county, to finance, plan, and
3192	construct infrastructure and to acquire land for public
3193	recreation or conservation or protection of natural resources
3194	and to finance the closure of county-owned or municipally owned
3195	solid waste landfills that are already closed or are required to
3196	close by order of the Department of Environmental Protection.
3197	Any use of such proceeds or interest for purposes of landfill
3198	closure prior to July 1, 1993, is ratified. Neither the proceeds
3199	nor any interest accrued thereto shall be used for operational
3200	expenses of any infrastructure, except that any county with a
3201	population of less than 75,000 that is required to close a
3202	landfill by order of the Department of Environmental Protection
3203	may use the proceeds or any interest accrued thereto for long-
3204	term maintenance costs associated with landfill closure.
3205	Counties, as defined in s. 125.011(1), and charter counties may,
3206	in addition, use the proceeds and any interest accrued thereto
3207	to retire or service indebtedness incurred for bonds issued
3208	prior to July 1, 1987, for infrastructure purposes, and for
3209	bonds subsequently issued to refund such bonds. Any use of such
3210	proceeds or interest for purposes of retiring or servicing
3211	indebtedness incurred for such refunding bonds prior to July 1,
3212	1999, is ratified.
3213	2. For the purposes of this paragraph, "infrastructure"
3214	means:
3215	a. Any fixed capital expenditure or fixed capital outlay
3216	associated with the construction, reconstruction, or improvement
3217	of public facilities which have a life expectancy of 5 or more
3218	years and any land acquisition, land improvement, design, and
3219	engineering costs related thereto.
3220	b. A fire department vehicle, an emergency medical service
3221	vehicle, a sheriff's office vehicle, a police department
3222	vehicle, or any other vehicle, and such equipment necessary to
3223	outfit the vehicle for its official use or equipment that has a
3224	life expectancy of at least 5 years.
3225	c. Any expenditure for the construction, lease, or
3226	maintenance of, or provision of utilities or security for,
3227	facilities as defined in s. 29.008.
3228	3. Notwithstanding any other provision of this subsection,
3229	a discretionary sales surtax imposed or extended after the
3230	effective date of this act may provide for an amount not to
3231	exceed 15 percent of the local option sales surtax proceeds to
3232	be allocated for deposit to a trust fund within the county's
3233	accounts created for the purpose of funding economic development
3234	projects of a general public purpose targeted to improve local
3235	economies, including the funding of operational costs and
3236	incentives related to such economic development. The ballot
3237	statement must indicate the intention to make an allocation
3238	under the authority of this subparagraph.
3239	Section 70. Effective July 1, 2003, paragraphs (c), (d),
3240	(e), and (f) of subsection (3) and subsection (11) of section
3241	318.18, Florida Statutes, are amended to read:
3242	318.18 Amount of civil penalties.--The penalties required
3243	for a noncriminal disposition pursuant to s. 318.14 are as
3244	follows:
3245	(3)
3246	(c) Notwithstanding paragraph (b), a person cited for
3247	exceeding the speed limit by up to 5 m.p.h. in a legally posted
3248	school zone will be fined $50. A person exceeding the speed
3249	limit in a school zone shall paywill be assesseda fine double
3250	the amount listed in paragraph (b).
3251	(d) A person cited for exceeding the speed limit in a
3252	posted construction zone shall paywill be assesseda fine
3253	double the amount listed in paragraph (b). The fine shall be
3254	doubled for construction zone violations only if construction
3255	personnel are present or operating equipment on the road or
3256	immediately adjacent to the road under construction.
3257	(e) If a violation of s. 316.1301 or s. 316.1303 results
3258	in an injury to the pedestrian or damage to the property of the
3259	pedestrian, an additional fine of up to $250 shall be paidmust
3260	be assessed. This amount must be distributed pursuant to s.
3261	318.21.
3262	(f) A person cited for exceeding the speed limit within a
3263	zone posted for any electronic or manual toll collection
3264	facility shall paywill be assesseda fine double the amount
3265	listed in paragraph (b). However, no person cited for exceeding
3266	the speed limit in any toll collection zone shall be subject to
3267	a doubled fine unless the governmental entity or authority
3268	controlling the toll collection zone first installs a traffic
3269	control device providing warning that speeding fines are
3270	doubled. Any such traffic control device must meet the
3271	requirements of the uniform system of traffic control devices.
3272	(11)(a) Court costs that are to be in addition to the
3273	stated fine must be paidshall be imposed by the courtin an
3274	amount not less than the following:
3275
3276	For pedestrian infractions $ 3.
3277	For nonmoving traffic infractions $ 6.
3278	For moving traffic infractions $10.
3279
3280	(b) In addition to the court cost requiredassessedunder
3281	paragraph (a), the court shall impose a $3 court cost must be
3282	paidfor each infraction to be distributed as provided in s.
3283	938.01 and a $2 court cost as provided in s. 938.15 when
3284	assessed by a municipality or county.
3285
3286	Court costs imposed under this subsection may not exceed $30. A
3287	criminal justice selection center or other local criminal
3288	justice access and assessment center may be funded from these
3289	court costs.
3290	Section 71. Paragraph (h) of subsection (2) of section
3291	318.21, Florida Statutes, is amended to read:
3292	318.21 Disposition of civil penalties by county
3293	courts.--All civil penalties received by a county court pursuant
3294	to the provisions of this chapter shall be distributed and paid
3295	monthly as follows:
3296	(2) Of the remainder:
3297	(h) Fifteen percent must be deposited into the General
3298	RevenueCounty Article V TrustFund.
3299	Section 72. Section 318.325, Florida Statutes, is amended
3300	to read:
3301	318.325 Jurisdiction and procedure for parking
3302	infractions.--Any county or municipality may adopt an ordinance
3303	that allows the county or municipality to refer cases involving
3304	the violation of a county or municipal parking ordinance to a
3305	hearing officer funded by the county or municipalitydesignated
3306	to preside over civil traffic infractions in the county.
3307	Notwithstanding the provisions of ss. 318.14 and 775.08(3), any
3308	parking violation shall be deemed to be an infraction as defined
3309	in s. 318.13(3). However, the violation must be enforced and
3310	disposed of in accordance with the provisions of general law
3311	applicable to parking violations and with the charter or code of
3312	the county or municipality where the violation occurred. The
3313	clerk of the court or the designated traffic violations bureau
3314	must collect and distribute the fines, forfeitures, and court
3315	costs assessed under this section. Notwithstanding the
3316	provisions of s. 318.21, fines and forfeitures received from
3317	parking violations committed within the unincorporated areas of
3318	the county or within the boundaries of the municipality must be
3319	collected and paid monthly to the county or municipality,
3320	respectively. Court costs assessed by the hearing officer must
3321	be paid to the county.
3322	Section 73. Subsection (1) of section 395.3025, Florida
3323	Statutes, is amended to read:
3324	395.3025 Patient and personnel records; copies;
3325	examination.--
3326	(1) Any licensed facility shall, upon written request, and
3327	only after discharge of the patient, furnish, in a timely
3328	manner, without delays for legal review, to any person admitted
3329	therein for care and treatment or treated thereat, or to any
3330	such person's guardian, curator, or personal representative, or
3331	in the absence of one of those persons, to the next of kin of a
3332	decedent or the parent of a minor, or to anyone designated by
3333	such person in writing, a true and correct copy of all patient
3334	records, including X rays, and insurance information concerning
3335	such person, which records are in the possession of the licensed
3336	facility, provided the person requesting such records agrees to
3337	pay a charge. The exclusive charge for copies of patient records
3338	may include sales tax and actual postage, and, except for
3339	nonpaper records which are subject to a charge not to exceed $2
3340	as provided in s. 28.24(6)(9)(c), may not exceed $1 per page, as
3341	provided in s. 28.24(5)(8)(a). A fee of up to $1 may be charged
3342	for each year of records requested. These charges shall apply to
3343	all records furnished, whether directly from the facility or
3344	from a copy service providing these services on behalf of the
3345	facility. However, a patient whose records are copied or
3346	searched for the purpose of continuing to receive medical care
3347	is not required to pay a charge for copying or for the search.
3348	The licensed facility shall further allow any such person to
3349	examine the original records in its possession, or microforms or
3350	other suitable reproductions of the records, upon such
3351	reasonable terms as shall be imposed to assure that the records
3352	will not be damaged, destroyed, or altered.
3353	Section 74. Section 397.334, Florida Statutes, is amended
3354	to read:
3355	397.334 Treatment-based drug court programs.--
3356	(1) It is the intent of the Legislature to implement
3357	treatment-based drug court programs in each judicial circuit in
3358	an effort to reduce crime and recidivism, abuse and neglect
3359	cases, and family dysfunction by breaking the cycle of addiction
3360	which is the most predominant cause of cases entering the
3361	justice system. The Legislature recognizes that the integration
3362	of judicial supervision, treatment, accountability, and
3363	sanctions greatly increases the effectiveness of substance abuse
3364	treatment. The Legislature also seeks to ensure that there is a
3365	coordinated, integrated, and multidisciplinary response to the
3366	substance abuse problem in this state, with special attention
3367	given to creating partnerships between the public and private
3368	sectors and to the coordinated, supported, and integrated
3369	delivery of multiple-system services for substance abusers,
3370	including a multiagency team approach to service delivery.
3371	(1)(2) Each county may fundjudicial circuit shall
3372	establish a model ofa treatment-based drug court program under
3373	which persons in the justice system assessed with a substance
3374	abuse problem will be processed in such a manner as to
3375	appropriately address the severity of the identified substance
3376	abuse problem through treatment plans tailored to the individual
3377	needs of the participant. These treatment-based drug court
3378	program models may be established in the misdemeanor, felony,
3379	family, delinquency, and dependency divisions of the judicial
3380	circuits.It is the intent of the Legislature to encourage the
3381	Department of Corrections, the Department of Children and Family
3382	Services, the Department of Juvenile Justice, the Department of
3383	Health, the Department of Law Enforcement, and such other
3384	agencies, local governments, law enforcement agencies, and other
3385	interested public or private sources to support the creation and
3386	establishment of these problem-solving court programs.
3387	Participation in the treatment-based drug court programs does
3388	not divest any public or private agency of its responsibility
3389	for a child or adult, but allows these agencies to better meet
3390	their needs through shared responsibility and resources.
3391	(2)(3)The treatment-based drug court programs shall
3392	include therapeutic jurisprudence principles and adhere to the
3393	following 10 key components, recognized by the Drug Courts
3394	Program Office of the Office of Justice Programs of the United
3395	States Department of Justice and adopted by the Florida Supreme
3396	Court Treatment-Based Drug Court Steering Committee:
3397	(a) Drug court programs integrate alcohol and other drug
3398	treatment services with justice system case processing.
3399	(b) Using a nonadversarial approach, prosecution and
3400	defense counsel promote public safety while protecting
3401	participants' due process rights.
3402	(c) Eligible participants are identified early and
3403	promptly placed in the drug court program.
3404	(d) Drug court programs provide access to a continuum of
3405	alcohol, drug, and other related treatment and rehabilitation
3406	services.
3407	(e) Abstinence is monitored by frequent testing for
3408	alcohol and other drugs.
3409	(f) A coordinated strategy governs drug court program
3410	responses to participants' compliance.
3411	(g) Ongoing judicial interaction with each drug court
3412	program participant is essential.
3413	(h) Monitoring and evaluation measure the achievement of
3414	program goals and gauge program effectiveness.
3415	(i) Continuing interdisciplinary education promotes
3416	effective drug court program planning, implementation, and
3417	operations.
3418	(j) Forging partnerships among drug court programs, public
3419	agencies, and community-based organizations generates local
3420	support and enhances drug court program effectiveness.
3421	(3)(4)Treatment-based drug court programs may include
3422	pretrial intervention programs as provided in ss. 948.08,
3423	948.16, and 985.306.
3424	(4)(5)(a) The Florida Association of Drug Court Program
3425	Professionals is created. The membership of the association may
3426	consist of drug court program practitioners who comprise the
3427	multidisciplinary drug court program team, including, but not
3428	limited to, judges, state attorneys, defense counsel, drug court
3429	program coordinators, probation officers, law enforcement
3430	officers, members of the academic community, and treatment
3431	professionals. Membership in the association shall be voluntary.
3432	(b) The association shall annually elect a chair whose
3433	duty is to solicit recommendations from members on issues
3434	relating to the expansion, operation, and institutionalization
3435	of drug court programs. The chair is responsible for providing
3436	the association's recommendations to the Supreme Court
3437	Treatment-Based Drug Court Steering Committee, and shall submit
3438	a report each year, on or before October 1, to the steering
3439	committee.
3440	(5) If a county chooses to fund a treatment-based drug
3441	court program, the county must secure funding from sources other
3442	than the state for those costs not otherwise assumed by the
3443	state.
3444	Section 75. Subsection (3) of section 712.06, Florida
3445	Statutes, is amended to read:
3446	712.06 Contents of notice; recording and indexing.--
3447	(3) The clerk of the circuit court shall, upon such
3448	filing, mail by registered or certified mail to the purported
3449	owner of said property, as stated in such notice, a copy thereof
3450	and shall enter on the original, before recording the same, a
3451	certificate showing such mailing. For preparing the certificate,
3452	the claimant shall pay to the clerk the service charge as
3453	prescribed in s. 28.24(8)(11)and the necessary costs of
3454	mailing, in addition to the recording charges as prescribed in
3455	s. 28.24(12)(15). If the notice names purported owners having
3456	more than one address, the person filing the same shall furnish
3457	a true copy for each of the several addresses stated, and the
3458	clerk shall send one such copy to the purported owners named at
3459	each respective address. Such certificate shall be sufficient if
3460	the same reads substantially as follows:
3461
3462	I hereby certify that I did on this _____, mail by
3463	registered (or certified) mail a copy of the foregoing notice to
3464	each of the following at the address stated:
3465	... (Clerk of the circuit court) ...
3466	of _____ County, Florida,
3467	By ... (Deputy clerk) ...
3468
3469	The clerk of the circuit court is not required to mail to the
3470	purported owner of such property any such notice that pertains
3471	solely to the preserving of any covenant or restriction or any
3472	portion of a covenant or restriction.
3473	Section 76. Effective July 1, 2003, paragraph (c) of
3474	subsection (2) of section 741.30, Florida Statutes, is amended
3475	to read:
3476	741.30 Domestic violence; injunction; powers and duties of
3477	court and clerk; petition; notice and hearing; temporary
3478	injunction; issuance of injunction; statewide verification
3479	system; enforcement.--
3480	(2)
3481	(c)1. The clerk of the court shall assist petitioners in
3482	seeking both injunctions for protection against domestic
3483	violence and enforcement for a violation thereof as specified in
3484	this section.
3485	2. All clerks' offices shall provide simplified petition
3486	forms for the injunction, any modifications, and the enforcement
3487	thereof, including instructions for completion.
3488	3. The clerk of the court shall advise petitioners of the
3489	opportunity to apply for a certificate of indigencyavailability
3490	of affidavits of insolvency or indigence in lieu of prepayment
3491	paymentfor the cost of the filing fee, as provided in paragraph
3492	(a).
3493	4. The clerk of the court shall ensure the petitioner's
3494	privacy to the extent practical while completing the forms for
3495	injunctions for protection against domestic violence.
3496	5. The clerk of the court shall provide petitioners with a
3497	minimum of two certified copies of the order of injunction, one
3498	of which is serviceable and will inform the petitioner of the
3499	process for service and enforcement.
3500	6. Clerks of court and appropriate staff in each county
3501	shall receive training in the effective assistance of
3502	petitioners as provided or approved by the Florida Association
3503	of Court Clerks.
3504	7. The clerk of the court in each county shall make
3505	available informational brochures on domestic violence when such
3506	brochures are provided by local certified domestic violence
3507	centers.
3508	8. The clerk of the court in each county shall distribute
3509	a statewide uniform informational brochure to petitioners at the
3510	time of filing for an injunction for protection against domestic
3511	or repeat violence when such brochures become available. The
3512	brochure must include information about the effect of giving the
3513	court false information about domestic violence.
3514	Section 77. Paragraph (c) of subsection (4) of section
3515	790.22, Florida Statutes, is amended to read:
3516	790.22 Use of BB guns, air or gas-operated guns, or
3517	electric weapons or devices by minor under 16; limitation;
3518	possession of firearms by minor under 18 prohibited;
3519	penalties.--
3520	(4)
3521	(c) The juvenile justice circuit boards or juvenile
3522	justice county councils or the Department of Juvenile Justice
3523	shall establish appropriate community service programs to be
3524	available to the alternative sanctions coordinators of the
3525	circuit courts in implementing this subsection. The boards or
3526	councils or department shall propose the implementation of a
3527	community service program in each circuit,and may submit a
3528	circuit plan, to be implemented upon approval of the circuit
3529	alternative sanctions coordinator.
3530	Section 78. Subsection (6) of section 796.07, Florida
3531	Statutes, is amended to read:
3532	796.07 Prohibiting prostitution, etc.; evidence;
3533	penalties; definitions.--
3534	(6) A person who violates paragraph (2)(f) shall be
3535	assessed a civil penalty of $500 if the violation results in any
3536	judicial disposition other than acquittal or dismissal. The
3537	proceeds from penalties assessed under this subsection shall be
3538	paid to the circuit courts administrator for the sole purpose of
3539	paying the administrative costs of mandatorytreatment-based
3540	drug court programs provided under s. 397.334.
3541	Section 79. Section 914.06, Florida Statutes, is amended
3542	to read:
3543	914.06 Compensation of expert witnesses in criminal
3544	cases.--In a criminal case when the state or an indigent
3545	defendant requires the services of an expert witness whose
3546	opinion is relevant to the issues of the case, the court shall
3547	award reasonable compensation to the expert witness that shall
3548	be taxed and paid by the statecountyas costs in the same
3549	manner as other costs.
3550	Section 80. Section 914.11, Florida Statutes, is amended
3551	to read:
3552	914.11 Indigent defendants.--If a court decides, on the
3553	basis of an affidavit, that adefendant in a criminal case is
3554	indigent pursuant to s. 27.52 and presentlyunable to pay the
3555	cost of procuring the attendance of witnesses, such defendant
3556	may subpoena the witnesses, and the costs, including the cost of
3557	the defendant's copy of all depositions and transcripts which
3558	are certified by the defendant's attorney as serving a useful
3559	purpose in the disposition of the case, shall be paid by the
3560	statecounty. When depositions are taken outside the circuit in
3561	which the case is pending, travel expenses shall be paid by the
3562	statecountyin accordance with s. 112.061 and shall also be
3563	taxed as costs payable to the state.
3564	Section 81. Effective July 1, 2003, paragraph (a) of
3565	subsection (2) of section 916.107, Florida Statutes, is amended
3566	to read:
3567	916.107 Rights of forensic clients.--
3568	(2) RIGHT TO TREATMENT.--
3569	(a) The policy of the state is that the department shall
3570	not deny treatment or training to any client and that no
3571	services shall be delayed at a facility because the forensic
3572	client is indigent pursuant to s. 27.52 and presentlyunable to
3573	pay. However, every reasonable effort to collect appropriate
3574	reimbursement for the cost of providing services to clients able
3575	to pay for the services, including reimbursement from insurance
3576	or other third-party payments, shall be made by facilities
3577	providing services pursuant to this chapter and in accordance
3578	with the provisions of s. 402.33.
3579	Section 82. Effective July 1, 2003, subsection (3) of
3580	section 916.15, Florida Statutes, is amended to read:
3581	916.15 Involuntary commitment of defendant adjudicated not
3582	guilty by reason of insanity.--
3583	(3) In all proceedings under this subsection, both the
3584	defendant and the state shall have the right to a hearing before
3585	the committing court. Evidence at such hearing may be presented
3586	by the hospital administrator or the administrator's designee as
3587	well as by the state and the defendant. The defendant shall have
3588	the right to counsel at any such hearing. In the event that a
3589	defendant is determined to be indigent pursuant to s. 27.52
3590	cannot afford counsel, the court shall appointthe public
3591	defender shalltorepresent the defendant. The parties shall
3592	have access to the defendant's records at the treating
3593	facilities and may interview or depose personnel who have had
3594	contact with the defendant at the treating facilities.
3595	Section 83. Effective July 1, 2003, section 938.01,
3596	Florida Statutes, as amended by section 77 of chapter 2002-402,
3597	Laws of Florida, is amended to read:
3598	938.01 Additional Court Cost Clearing Trust Fund.--
3599	(1) All courts created by Art. V of the State Constitution
3600	shall, in addition to any fine or other penalty, requireassess
3601	$3 as a court cost againstevery person convicted for violation
3602	of a state penal or criminal statute or convicted for violation
3603	of a municipal or county ordinance to pay $3 as a court cost.
3604	Any person whose adjudication is withheld pursuant to the
3605	provisions of s. 318.14(9) or (10) shall also be liable for
3606	payment ofbe assessedsuch cost. In addition, $3 from every
3607	bond estreature or forfeited bail bond related to such penal
3608	statutes or penal ordinances shall be remitted to the Department
3609	of Revenue as described in this subsection. However, no such
3610	assessment may be made against any person convicted for
3611	violation of any state statute, municipal ordinance, or county
3612	ordinance relating to the parking of vehicles.
3613	(a) All costs collected by the courts pursuant to this
3614	subsection shall be remitted to the Department of Revenue in
3615	accordance with administrative rules adopted by the executive
3616	director of the Department of Revenue for deposit in the
3617	Additional Court Cost Clearing Trust Fund. These funds and the
3618	funds deposited in the Additional Court Cost Clearing Trust Fund
3619	pursuant to s. 318.21(2)(c) shall be distributed as follows:
3620	1. Ninety-two percent to the Department of Law Enforcement
3621	Criminal Justice Standards and Training Trust Fund.
3622	2. Six and three-tenths percent to the Department of Law
3623	Enforcement Operating Trust Fund for the Criminal Justice Grant
3624	Program.
3625	3. One and seven-tenths percent to the Department of
3626	Children and Family Services Domestic Violence Trust Fund for
3627	the domestic violence program pursuant to s. 39.903(3).
3628	(b) The funds deposited in the Department of Law
3629	Enforcement Criminal Justice Standards and Training Trust Fund,
3630	the Department of Law Enforcement Operating Trust Fund, and the
3631	Department of Children and Family Services Domestic Violence
3632	Trust Fund may be invested. Any interest earned from investing
3633	such funds and any unencumbered funds remaining at the end of
3634	the budget cycle shall remain in the respective trust fund.
3635	(c) All funds in the Department of Law Enforcement
3636	Criminal Justice Standards and Training Trust Fund shall be
3637	disbursed only in compliance with s. 943.25(9).
3638	(2) Except as provided by s. 938.15 and notwithstanding
3639	any other provision of law, no funds collected and deposited
3640	pursuant to this section or s. 943.25 shall be expended unless
3641	specifically appropriated by the Legislature.
3642	Section 84. Effective July 1, 2003, section 938.03,
3643	Florida Statutes, is amended to read:
3644	938.03 Crimes Compensation Trust Fund.--
3645	(1) When Any person pleadingpleadsguilty or nolo
3646	contendere to, or beingisconvicted of or adjudicated
3647	delinquent for, any felony, misdemeanor, delinquent act, or
3648	criminal traffic offense under the laws of this state or the
3649	violation of any municipal or county ordinance which adopts by
3650	reference any misdemeanor under state law, there shall paybe
3651	imposedas an additional cost in the case, in addition and prior
3652	to any other cost required to be imposed by law, the sum of $50.
3653	Any person whose adjudication is withheld shall also be assessed
3654	such cost.
3655	(2) These costs shall not beare considered assessed
3656	unless specifically waived by the court. If the court does not
3657	order these costs, it shall state on the record, in detail, the
3658	reasons therefor.
3659	(3) In the event that the individual has been ordered to
3660	pay restitution in accordance with s. 775.089, costs referenced
3661	in this section shall be included in a judgment.
3662	(4) The clerk of the court shall collect and forward $49
3663	of each $50 collected to the Department of Revenue, to be
3664	deposited in the Crimes Compensation Trust Fund. The clerk shall
3665	retain the remaining $1 of each $50 collected as an additional
3666	cost bya service charge of the clerk's office. Under no
3667	condition shall a political subdivision be held liable for the
3668	payment of this sum of $50.
3669	Section 85. Section 938.05, Florida Statutes, is amended
3670	to read:
3671	938.05 Additional court costs for felonies, misdemeanors,
3672	and criminal traffic offensesLocal Government Criminal Justice
3673	Trust Fund.--
3674	(1) When Any person pleadingpleadsnolo contendere to a
3675	misdemeanor or criminal traffic offense under s. 318.14(10)(a)
3676	or pleadingpleads guilty or nolo contendere to, or beingis
3677	found guilty of, any felony, misdemeanor, or criminal traffic
3678	offense under the laws of this state or the violation of any
3679	municipal or county ordinance which adopts by reference any
3680	misdemeanor under state law, there shall paybe imposedas a
3681	cost in the case, in addition to any other cost required to be
3682	imposed by law, a sum in accordance with the following schedule:
3683	(a) Felonies $200
3684	(b) Misdemeanors $50
3685	(c) Criminal traffic offenses $50
3686	(2) Payment of the additional court costs provided for in
3687	subsection (1) shall be made part of any plea agreement reached
3688	by the prosecuting attorney and defense counsel or the criminal
3689	defendant where the plea agreement provides for the defendant to
3690	plead guilty or nolo contendere to any felony, misdemeanor, or
3691	criminal traffic offense under the laws of this state or any
3692	municipal or county ordinance which adopts by reference any
3693	misdemeanor under state law.
3694	(3) The clerk of the court shall collect such additional
3695	costs and shall notify the agency supervising a person upon whom
3696	costs have been imposed upon full payment of fees. The clerk
3697	shall deposit all but $3 for each misdemeanor or criminal
3698	traffic case and all but $5 for each felony case in the General
3699	Revenue Funda special trust fund of the county. Such funds
3700	shall be used exclusively for those purposes set forth in s.
3701	27.3455(3). The clerk shall retain $3 for each misdemeanor or
3702	criminal traffic case and $5 for each felony case of each
3703	scheduled amount collected as a service charge of the clerk's
3704	office. A political subdivision shall not be held liable for the
3705	payment of the additional costs imposed by this section.
3706	Section 86. Effective July 1, 2003, subsection (1) of
3707	section 938.06, Florida Statutes, is amended to read:
3708	938.06 Additional cost for crime stoppers programs.--
3709	(1) In addition to any fine prescribed by law for any
3710	criminal offense, there is hereby assessed as a court cost an
3711	additional surcharge of $20 on such fine, which shall be imposed
3712	by all county and circuit courts and collected by the clerks of
3713	the courts together with such fine. No political subdivision
3714	shall be held liable for payment of costs under this section.
3715	Section 87. Section 938.19, Florida Statutes, is amended
3716	to read:
3717	938.19 Teen courts; operation and
3718	administration.--Counties are hereby authorized to fund teen
3719	courts.Notwithstanding s. 318.121, in each county in which a
3720	teen court has been created, a county may adopt a mandatory cost
3721	to be assessed in specific cases as provided for in subsection
3722	(1) by incorporating by reference the provisions of this section
3723	in a county ordinance. Assessments collected by the clerk of the
3724	circuit court pursuant to this section shall be deposited into
3725	an account specifically for the operation and administration of
3726	the teen court:
3727	(1) A sum of $3, which shall be assessed as a court cost
3728	by both the circuit court and the county court in the county
3729	against every person who pleads guilty or nolo contendere to, or
3730	is convicted of, regardless of adjudication, a violation of a
3731	state criminal statute or a municipal ordinance or county
3732	ordinance or who pays a fine or civil penalty for any violation
3733	of chapter 316. Any person whose adjudication is withheld
3734	pursuant to the provisions of s. 318.14(9) or (10) shall also be
3735	assessed such cost. The $3 assessment for court costs shall be
3736	assessed in addition to any fine, civil penalty, or other court
3737	cost and shall not be deducted from the proceeds of that portion
3738	of any fine or civil penalty which is received by a municipality
3739	in the county or by the county in accordance with ss. 316.660
3740	and 318.21. The $3 assessment shall specifically be added to any
3741	civil penalty paid for a violation of chapter 316, whether such
3742	penalty is paid by mail, paid in person without request for a
3743	hearing, or paid after hearing and determination by the court.
3744	However, the $3 assessment shall not be made against a person
3745	for a violation of any state statutes, county ordinance, or
3746	municipal ordinance relating to the parking of vehicles, with
3747	the exception of a violation of the handicapped parking laws.
3748	The clerk of the circuit court shall collect the respective $3
3749	assessments for court costs established in this subsection and
3750	shall remit the same to the teen court monthly, less 5 percent,
3751	which is to be retained as fee income of the office of the clerk
3752	of the circuit court.
3753	(2) Such other moneys as become available for establishing
3754	and operating teen courts under the provisions of Florida law.
3755	Section 88. Effective July 1, 2003, and notwithstanding s.
3756	938.19, Florida Statutes, to the contrary, any court may use
3757	surplus funds provided for teen courts for juvenile drug courts.
3758	This section expires July 1, 2004.
3759	Section 89. Effective July 1, 2003, section 938.27,
3760	Florida Statutes, is amended to read:
3761	938.27 Judgment for costs on conviction.--
3762	(1) In all criminal cases, convicted persons are liable
3763	for payment of the documentedcosts of prosecution, including
3764	investigative costs incurred by law enforcement agencies, by
3765	fire departments for arson investigations, and by investigations
3766	of the Division of Financial Investigations of the Department of
3767	Financial ServicesBanking and Finance, if requested and
3768	documented by such agencies. These costs,shall be included and
3769	entered in the judgment rendered against the convicted person.
3770	(2) If the court does not enter costs, or orders only
3771	partial costs under this section, it shall state on the record
3772	the reasons therefor.
3773	(2)(3)(a) The court may require that the defendant pay the
3774	costs within a specified period or in specified installments.
3775	(b) The end of such period or the last such installment
3776	shall not be later than:
3777	1. The end of the period of probation or community
3778	control, if probation or community control is ordered;
3779	2. Five years after the end of the term of imprisonment
3780	imposed, if the court does not order probation or community
3781	control; or
3782	3. Five years after the date of sentencing in any other
3783	case.
3784	(c) If not otherwise provided by the court under this
3785	section, costs shall be paid immediately.
3786	(3)(4)If a defendant is placed on probation or community
3787	control, payment of any costs orderedunder this section shall
3788	be a condition of such probation or community control. The court
3789	may revoke probation or community control if the defendant fails
3790	to pay these costscomply with such order.
3791	(5) The court, in determining whether to order costs and
3792	the amount of such costs, shall consider the amount of the costs
3793	incurred, the financial resources of the defendant, the
3794	financial needs and earning ability of the defendant, and such
3795	other factors which it deems appropriate.
3796	(4)(6)Any dispute as to the proper amount or type of
3797	costs orderedshall be resolved by the court by the
3798	preponderance of the evidence. The burden of demonstrating the
3799	amount of costs incurred is on the state attorney. The burden of
3800	demonstrating the financial resources of the defendant and the
3801	financial needs of the defendant is on the defendant. The burden
3802	of demonstrating such other matters as the court deems
3803	appropriate is upon the party designated by the court as justice
3804	requires.
3805	(5)(7) Any default in payment of costs orderedmay be
3806	collected by any means authorized by law for enforcement of a
3807	judgment.
3808	(6)(8)The court may order The clerk of the court shallto
3809	collect and dispense cost payments in any case.
3810	(7)(9)Investigative costs which are recovered shall be
3811	returned to the appropriate investigative agency which incurred
3812	the expense. Costs shall include actual expenses incurred in
3813	conducting the investigation and prosecution of the criminal
3814	case; however, costs may also include the salaries of permanent
3815	employees. Any investigative costs recovered on behalf of a
3816	state agency must be remitted to the Department of Revenue for
3817	deposit in the agency operating trust fund, and a report of the
3818	payment must be sent to the agency.
3819	(8)(10)Costs that are collected by the state attorney
3820	under this section shall be deposited into the state attorney's
3821	grants and donations trust fund to be used during the fiscal
3822	year in which the funds are collected, or in any subsequent
3823	fiscal year, for actual expenses incurred in investigating and
3824	prosecuting criminal cases, which may include the salaries of
3825	permanent employees.
3826	Section 90. Section 938.29, Florida Statutes, is amended
3827	to read:
3828	938.29 Legal assistance; lien for payment of attorney's
3829	fees or costs.--
3830	(1)(a) A defendantThe court having jurisdiction over any
3831	defendant who has beendetermined to be guilty of a criminal act
3832	by a court or jury or through a plea of guilty or nolo
3833	contendere and who has received the assistance of the public
3834	defender's office, a special assistant public defender, or a
3835	conflict attorney shall be liable for payment ofassess
3836	attorney's fees and costs. The courtagainst the defendant at
3837	the sentencing hearing and shall determine the appropriate
3838	amount of the obligationand method of payment. Such costs shall
3839	may include, but not be limited to,the cost of depositions;
3840	cost of transcripts of depositions, including the cost of
3841	defendant's copy, which transcripts are certified by the
3842	defendant's attorney as having served a useful purpose in the
3843	disposition of the case; investigative costs; witness fees; the
3844	cost of psychiatric examinations; or other reasonable costs
3845	specially incurred by the state and the clerk of courtcounty
3846	for the defense of the defendant in criminal prosecutions within
3847	the county. Costs shall not include expenses inherent in
3848	providing a constitutionally guaranteed jury trial or
3849	expenditures in connection with the maintenance and operation of
3850	government agencies that must be made by the public irrespective
3851	of specific violations of law. Any costs assessed pursuant to
3852	this paragraph shall be reduced by any amount assessed against a
3853	defendant pursuant to s. 938.05.
3854	(b) Upon entering a judgment of conviction, the trial
3855	court shall order the defendant shall be liable to pay the costs
3856	assessed by the court in full, or within a time certain as set
3857	by the court,after the judgment of conviction becomes final.
3858	(c) After assessment of the application fee under s.
3859	27.52(1)(c) and attorney's fees and costs, the court shall order
3860	The defendant shallto pay the application fee under s.
3861	27.52(2)(a) andattorney's fees and costs in full or in
3862	installments, at the time or times specified. The court may
3863	order payment of the assessed application fee and attorney's
3864	fees and costs as a condition of probation, of suspension of
3865	sentence, or of withholding the imposition of sentence.
3866	Attorney's fees and costs collected under this section shall be
3867	deposited into the General Revenue Fund.All fees and costs may
3868	be assessed under one judgment.
3869	(2)(a) When payment of the application fee and attorney's
3870	fees and costs has been ordered by the court,There is created
3871	in the name of the statecounty in which such assistance was
3872	rendereda lien, enforceable as hereinafter provided, upon all
3873	the property, both real and personal, of any person who:
3874	1. Has received any assistance from any public defender of
3875	the state, from any special assistant public defender, or from
3876	any conflict attorney; or
3877	2. Is a parent of an accused minor or an accused adult
3878	tax-dependent person who is being, or has been, represented by
3879	any public defender of the state, by any special assistant
3880	public defender, or by a conflict attorney.
3881
3882	Such lien constitutes a claim against the defendant-recipient or
3883	parent and his or her estate, enforceable according to law, in
3884	an amount to be determined by the court in which such assistance
3885	was rendered.
3886	(b) Immediately after the issuance of an order for the
3887	payment of the application fee and attorney's fees and costs,A
3888	judgment showing the name and residence of the defendant-
3889	recipient or parent shall be filed for record in the office of
3890	the clerk of the circuit court in the county where the
3891	defendant-recipient or parent resides and in each county in
3892	which such defendant-recipient or parent then owns or later
3893	acquires any property. Such judgments shall be enforced on
3894	behalf of the statecounty by the clerk of the circuit court
3895	board of countycommissionersof the county in which assistance
3896	was rendered.
3897	(3) The clerk of the circuit court within the countyboard
3898	of county commissioners of the countywherein the defendant-
3899	recipient was tried or received the services of a public
3900	defender, special assistant public defender, or appointed
3901	private legal counsel shall enforce, satisfy, compromise,
3902	settle, subordinate, release, or otherwise dispose of any debt
3903	or lien imposed under this section. A defendant-recipient or
3904	parent, liablewho has been orderedto pay attorney's fees or
3905	costs and who is not in willful default in the payment thereof,
3906	may, at any time, petition the court which entered the order for
3907	deferralremissionof the payment of attorney's fees or costs or
3908	of any unpaid portion thereof. If it appears to the
3909	satisfaction of the court that payment of the amount due will
3910	impose manifest hardship on such person or his or her immediate
3911	family, the court may remit all or part of the amount due in
3912	attorney's fees or costs or may modify the method of payment.
3913	(4) The clerkboard of county commissionersof the county
3914	claiming such lien is authorized to contract with a private
3915	attorney orcollection agency for collection of such debts or
3916	liens, provided the fee for such collection shall be on a
3917	contingent basis not to exceed 50 percent of the recovery.
3918	However, no fee shall be paid to any collection agency by reason
3919	of foreclosure proceedings against real property or from the
3920	proceeds from the sale or other disposition of real property.
3921	(5) No lien thus created shall be foreclosed upon the
3922	homestead of such defendant-recipient or parent, nor shall any
3923	defendant-recipient or parent liable for payment ofwho is
3924	ordered to payattorney's fees or costs be denied any of the
3925	protections afforded any other civil judgment debtor.
3926	(6) The court having jurisdiction of the defendant-
3927	recipient shallmay, at such stage of the proceedings as the
3928	court may deem appropriate, determine the value of the services
3929	of the public defender, special assistant public defender, or
3930	appointed private legal counsel and costs, at which time the
3931	defendant-recipient or parent, after adequate notice thereof,
3932	shall have opportunity to be heard and offer objection to the
3933	determination, and to be represented by counsel, with due
3934	opportunity to exercise and be accorded the procedures and
3935	rights provided in the laws and court rules pertaining to civil
3936	cases at law.
3937	Section 91. Effective July 1, 2003, subsections (1), (2),
3938	(9), (10), (11), (12), (13), and (14) of section 938.30, Florida
3939	Statutes, are amended to read:
3940	938.30 Court-imposedFinancial obligations in criminal
3941	cases; supplementary proceedings.--
3942	(1) Any person liable for payment ofwho has been ordered
3943	to payany financial obligation in any criminal case is subject
3944	to the provisions of this section. Courts operating under the
3945	provisions of this section shall have jurisdiction over such
3946	court-imposedfinancial obligations to ensure compliance.
3947	(2) The court may require a person liable for payment of
3948	ordered to payan obligation to appear and be examined under
3949	oath concerning the person's financial ability to pay the
3950	obligation. The court may reduce a person's court-ordered
3951	financial obligation based on the court's determination of the
3952	person's ability to pay the obligation.The judge may convert
3953	the statutory financialcourt-ordered obligation intotopay
3954	court costs toa court-ordered obligation to perform community
3955	service after examining a person under oath and determining a
3956	person's inability to pay. Any person failing to attend a
3957	hearing may be arrested on warrant or capias which may be issued
3958	by the clerk upon order of the court.
3959	(9) Any person failing to appear or willfully failing to
3960	comply with an order under this section, including an order to
3961	comply with a payment schedule established by the clerk of
3962	court, may be held in civil contempt.
3963	(10) Administrative costs incurred in enforcing compliance
3964	under this section shall be paid bymay be assessed againstthe
3965	person. Such costs may include postage, copying, docketing fees,
3966	service fees, court reporter's fees, and reimbursements for the
3967	costs of processing bench warrants and pickup orders. Reasonable
3968	attorney's fees may be assessed at the court's discretion.
3969	Judges may assess such administrative costs and attorney's fees
3970	against the person as the court deems necessary to offset such
3971	fees andcosts incurred under this section.
3972	(11) The court may refer any proceeding under this section
3973	to a special master who shall report findings and make
3974	recommendations to the court. The court shall act on such
3975	recommendations within a reasonable amount of time.
3976	(12) A record of court-imposed financial obligations
3977	collected by the clerk of court under the provisions of this
3978	section shall be reported quarterly by the clerk of court to the
3979	chief judge of the judicial circuit.
3980	(13) Court-imposed financial obligations arising from
3981	criminal cases which are past due, and which have been reduced
3982	to judgment by the court, may be referred by the county
3983	commission to a collection agent who is registered and in good
3984	standing pursuant to chapter 559 or a private attorney. Such
3985	referrals must be made in accordance with established bid
3986	practices.
3987	(12)(14)The provisions of this section may be used in
3988	addition to, or in lieu of, other provisions of law for
3989	enforcing payment of court-imposed financial obligations in
3990	criminal cases. The court may enter any orders necessary to
3991	carry out the purposes of this section.
3992	Section 92. Effective July 1, 2003, section 938.35,
3993	Florida Statutes, is amended to read:
3994	938.35 Collection of court-related financial
3995	obligations.-- The board of county commissioners may pursue the
3996	collection of any fines, court costs, or other costs imposed by
3997	the court which remain unpaid for 90 days or more, or refer such
3998	collection to a private attorney who is a member in good
3999	standing of The Florida Bar or collection agent who is
4000	registered and in good standing pursuant to chapter 559. In
4001	pursuing the collection of such unpaid financial obligations
4002	through a private attorney or collection agent, the board of
4003	county commissioners must determine this is cost-effective and
4004	follow applicable procurement practices.Any provision of law
4005	notwithstanding, a county may pursue the collection of any
4006	fines, court costs, or other costs imposed by the court which
4007	remain unpaid for 90 days or more, or refer such collection to a
4008	private attorney who is a member in good standing of The Florida
4009	Bar or collection agent who is registered and in good standing
4010	pursuant to chapter 559. In pursuing the collection of such
4011	unpaid financial obligations through a private attorney or
4012	collection agent, the governing body of the county must
4013	determine that such collection is cost-effective and the county
4014	must follow applicable procurement practices. The costs of
4015	collection, including a reasonable attorney's fee, may be
4016	recovered, except that such fees and costs of collection may not
4017	exceed 40 percent of the total fines and costs owed.
4018	Section 93. Section 939.06, Florida Statutes, is amended
4019	to read:
4020	939.06 Acquitted defendant not liable for costs.--No
4021	defendant in a criminal prosecution who is acquitted or
4022	discharged shall be liable for any costs or fees of the court or
4023	any ministerial office, or for any charge of subsistence while
4024	detained in custody. If the defendant shall have paid any
4025	taxable costs in the case, the clerk or judge shall give him or
4026	her a certificate of the payment of such costs, with the items
4027	thereof, which, when audited and approved according to law,
4028	shall be refunded to the defendant by the county.
4029	Section 94. Section 939.08, Florida Statutes, is amended
4030	to read:
4031	939.08 Costs to be certified by county commissioners
4032	before audit.--In all cases wherein is claimed the payment of
4033	bills of costs, fees,or expenses, other than juror and witness
4034	fees, in the adjudicationprosecution of any criminal case which
4035	are payable by the statecounty, the entity incurring the
4036	expense shall submit an itemized bill or statement thereof shall
4037	besubmitted to the trial court administrator of the circuit or
4038	Justice Administrative Commission, as applicable.county
4039	commissioners of the county in which such cases are prosecuted,
4040	and The claimsame shall not be paid until the applicable entity
4041	hasboard of county commissioners shall haveapproved it and
4042	certified thereon that the same is just, correct,and
4043	reasonable, and containsthat no unnecessary or illegal item is
4044	containedtherein.
4045	Section 95. Section 939.12, Florida Statutes, is amended
4046	to read:
4047	939.12 Cost against state in Supreme Court.--The clerk of
4048	the Supreme Court shall give, upon application, a certified copy
4049	of any judgment against the state upon appeal in criminal cases,
4050	and the statecounty commissioners of the county from the court
4051	of which such appeal was takenshall pay the same to the
4052	appellant, or the appellant's agent or attorney, on demand.
4053	Section 96. Section 947.18, Florida Statutes, is amended
4054	to read:
4055	947.18 Conditions of parole.--No person shall be placed on
4056	parole merely as a reward for good conduct or efficient
4057	performance of duties assigned in prison. No person shall be
4058	placed on parole until and unless the commission finds that
4059	there is reasonable probability that, if the person is placed on
4060	parole, he or she will live and conduct himself or herself as a
4061	respectable and law-abiding person and that the person's release
4062	will be compatible with his or her own welfare and the welfare
4063	of society. No person shall be placed on parole unless and until
4064	the commission is satisfied that he or she will be suitably
4065	employed in self-sustaining employment or that he or she will
4066	not become a public charge. The commission shall determine the
4067	terms upon which such person shall be granted parole. If the
4068	person's conviction was for a controlled substance violation,
4069	one of the conditions must be that the person submit to random
4070	substance abuse testing intermittently throughout the term of
4071	supervision, upon the direction of the correctional probation
4072	officer as defined in s. 943.10(3). In addition to any other
4073	lawful condition of parole, the commission may make the payment
4074	of the debt due and owing to the state under s. 960.17 or the
4075	payment of the attorney's fees and costs due and owing to the
4076	statea countyunder s. 938.29 a condition of parole subject to
4077	modification based on change of circumstances.
4078	Section 97. Paragraph (i) of subsection (1) of section
4079	948.03, Florida Statutes, is amended to read:
4080	948.03 Terms and conditions of probation or community
4081	control.--
4082	(1) The court shall determine the terms and conditions of
4083	probation or community control. Conditions specified in
4084	paragraphs (a)-(m) do not require oral pronouncement at the time
4085	of sentencing and may be considered standard conditions of
4086	probation. Conditions specified in paragraphs (a)-(m) and (2)(a)
4087	do not require oral pronouncement at sentencing and may be
4088	considered standard conditions of community control. These
4089	conditions may include among them the following, that the
4090	probationer or offender in community control shall:
4091	(i) Pay any application fee assessed under s.
4092	27.52(2)(a)(1)(c)and attorney's fees and costs assessed under
4093	s. 938.29, subject to modification based on change of
4094	circumstances.
4095	Section 98. Paragraphs (a) and (l) of subsection (1) of
4096	section 960.001, Florida Statutes, are amended to read:
4097	960.001 Guidelines for fair treatment of victims and
4098	witnesses in the criminal justice and juvenile justice
4099	systems.--
4100	(1) The Department of Legal Affairs, the state attorneys,
4101	the Department of Corrections, the Department of Juvenile
4102	Justice, the Parole Commission, the State Courts Administrator
4103	and circuit court administrators, the Department of Law
4104	Enforcement, and every sheriff's department, police department,
4105	or other law enforcement agency as defined in s. 943.10(4) shall
4106	develop and implement guidelines for the use of their respective
4107	agencies, which guidelines are consistent with the purposes of
4108	this act and s. 16(b), Art. I of the State Constitution and are
4109	designed to implement the provisions of s. 16(b), Art. I of the
4110	State Constitution and to achieve the following objectives:
4111	(a) Information concerning services available to victims
4112	of adult and juvenile crime.--Witness coordination officesAs
4113	provided in s. 43.35, state attorneys and public defendersshall
4114	gather information regarding the following services in the
4115	geographic boundaries of their respective circuits and shall
4116	provide such information to each law enforcement agency with
4117	jurisdiction within such geographic boundaries. Law enforcement
4118	personnel shall ensure, through distribution of a victim's
4119	rights information card or brochure at the crime scene, during
4120	the criminal investigation, and in any other appropriate manner,
4121	that victims are given, as a matter of course at the earliest
4122	possible time, information about:
4123	1. The availability of crime victim compensation, when
4124	applicable;
4125	2. Crisis intervention services, supportive or bereavement
4126	counseling, social service support referrals, and community-
4127	based victim treatment programs;
4128	3. The role of the victim in the criminal or juvenile
4129	justice process, including what the victim may expect from the
4130	system as well as what the system expects from the victim;
4131	4. The stages in the criminal or juvenile justice process
4132	which are of significance to the victim and the manner in which
4133	information about such stages can be obtained;
4134	5. The right of a victim, who is not incarcerated,
4135	including the victim's parent or guardian if the victim is a
4136	minor, the lawful representative of the victim or of the
4137	victim's parent or guardian if the victim is a minor, and the
4138	next of kin of a homicide victim, to be informed, to be present,
4139	and to be heard when relevant, at all crucial stages of a
4140	criminal or juvenile proceeding, to the extent that this right
4141	does not interfere with constitutional rights of the accused, as
4142	provided by s. 16(b), Art. I of the State Constitution;
4143	6. In the case of incarcerated victims, the right to be
4144	informed and to submit written statements at all crucial stages
4145	of the criminal proceedings, parole proceedings, or juvenile
4146	proceedings; and
4147	7. The right of a victim to a prompt and timely
4148	disposition of the case in order to minimize the period during
4149	which the victim must endure the responsibilities and stress
4150	involved to the extent that this right does not interfere with
4151	the constitutional rights of the accused.
4152	(l) Local witness coordination servicescoordinating
4153	office.--The requirements for notification provided for in
4154	paragraphs (b), (d), (f), and (i) may be performed by the state
4155	attorney or public defender as provided inlocal witness
4156	coordinating office established bys. 43.35, as appropriate.
4157	Section 99. Subsections (3) and (5) of section 984.09,
4158	Florida Statutes, are amended to read:
4159	984.09 Punishment for contempt of court; alternative
4160	sanctions.--
4161	(3) ALTERNATIVE SANCTIONS.--Each judicial circuit shall
4162	have an alternative sanctions coordinator who shall serve under
4163	the chief administrative judge of the juvenile division of the
4164	circuit court, and who shall coordinate and maintain a spectrum
4165	of contempt sanction alternatives in conjunction with the
4166	circuit plan implemented in accordance with s. 790.22(4)(c).
4167	Upon determining that a child has committed direct contempt of
4168	court or indirect contempt of a valid court order, the court may
4169	identifyimmediately request the alternative sanctions
4170	coordinator to recommendthe most appropriate available
4171	alternative sanction and shall order the child to perform up to
4172	50 hours of community-service manual labor or a similar
4173	alternative sanction, unless an alternative sanction is
4174	unavailable or inappropriate, or unless the child has failed to
4175	comply with a prior alternative sanction. Alternative contempt
4176	sanctions may be provided by local industry or by any nonprofit
4177	organization or any public or private business or service entity
4178	that has entered into a contract with the Department of Juvenile
4179	Justice to act as an agent of the state to provide voluntary
4180	supervision of children on behalf of the state in exchange for
4181	the manual labor of children and limited immunity in accordance
4182	with s. 768.28(11).
4183	(5) ALTERNATIVE SANCTIONS COORDINATOR.--There is created
4184	the position of alternative sanctions coordinator within each
4185	judicial circuit, pursuant to subsection (3). Each alternative
4186	sanctions coordinator shall serve under the direction of the
4187	chief administrative judge of the juvenile division as directed
4188	by the chief judge of the circuit. The alternative sanctions
4189	coordinator shall act as the liaison between the judiciary,
4190	local department officials, district school board employees, and
4191	local law enforcement agencies. The alternative sanctions
4192	coordinator shall coordinate within the circuit community-based
4193	alternative sanctions, including nonsecure detention programs,
4194	community service projects, and other juvenile sanctions, in
4195	conjunction with the circuit plan implemented in accordance with
4196	s. 790.22(4)(c).
4197	Section 100. Subsection (2) of section 984.12, Florida
4198	Statutes, is amended to read:
4199	984.12 Case staffing; services and treatment to a family
4200	in need of services.--
4201	(2) The composition of the case staffing committee shall
4202	be based on the needs of the family and child. It shall include
4203	a representative from the child's school district and a
4204	representative of the Department of Juvenile Justice, and may
4205	include a supervisor of the department's contracted provider; a
4206	representative from the area of health, mental health, substance
4207	abuse, social, or educational services; a representative of the
4208	state attorney; the alternative sanctions coordinator;and any
4209	person recommended by the child, family, or department.
4210	Section 101. Effective July 1, 2003, subsections (2) and
4211	(3) of section 985.203, Florida Statutes, are amended to read:
4212	985.203 Right to counsel.--
4213	(2) If the parents or legal guardian of an indigent child
4214	are not indigent but refuse to employ counsel, the court shall
4215	appoint counsel pursuant to s. 27.52(2)(d) to represent the
4216	child at the detention hearing and until counsel is provided.
4217	Costs of representation are hereby imposedshall be assessedas
4218	provided by ss. 27.52(2)(d) and 938.29. Thereafter, the court
4219	shall not appoint counsel for an indigent child with nonindigent
4220	parents or legal guardian but shall order the parents or legal
4221	guardian to obtain private counsel. A parent or legal guardian
4222	of an indigent child who has been ordered to obtain private
4223	counsel for the child and who willfully fails to follow the
4224	court order shall be punished by the court in civil contempt
4225	proceedings.
4226	(3) An indigent child with nonindigent parents or legal
4227	guardian may have counsel appointed pursuant to s. 27.52(2)(d)
4228	if the parents or legal guardian have willfully refused to obey
4229	the court order to obtain counsel for the child and have been
4230	punished by civil contempt and then still have willfully refused
4231	to obey the court order. Costs of representation are hereby
4232	imposedshall be assessedas provided by ss. 27.52(2)(d) and
4233	938.29.
4234	Section 102. Subsections (3) and (5) of section 985.216,
4235	Florida Statutes, are amended to read:
4236	985.216 Punishment for contempt of court; alternative
4237	sanctions.--
4238	(3) ALTERNATIVE SANCTIONS.--Each judicial circuit shall
4239	have an alternative sanctions coordinator who shall serve under
4240	the chief administrative judge of the juvenile division of the
4241	circuit court, and who shall coordinate and maintain a spectrum
4242	of contempt sanction alternatives in conjunction with the
4243	circuit plan implemented in accordance with s. 790.22(4)(c).
4244	Upon determining that a child has committed direct contempt of
4245	court or indirect contempt of a valid court order, the court may
4246	identifyimmediately request the alternative sanctions
4247	coordinator to recommendthe most appropriate available
4248	alternative sanction and shall order the child to perform up to
4249	50 hours of community-service manual labor or a similar
4250	alternative sanction, unless an alternative sanction is
4251	unavailable or inappropriate, or unless the child has failed to
4252	comply with a prior alternative sanction. Alternative contempt
4253	sanctions may be provided by local industry or by any nonprofit
4254	organization or any public or private business or service entity
4255	that has entered into a contract with the Department of Juvenile
4256	Justice to act as an agent of the state to provide voluntary
4257	supervision of children on behalf of the state in exchange for
4258	the manual labor of children and limited immunity in accordance
4259	with s. 768.28(11).
4260	(5) ALTERNATIVE SANCTIONS COORDINATOR.--There is created
4261	the position of alternative sanctions coordinator within each
4262	judicial circuit, pursuant to subsection (3). Each alternative
4263	sanctions coordinator shall serve under the direction of the
4264	chief administrative judge of the juvenile division as directed
4265	by the chief judge of the circuit. The alternative sanctions
4266	coordinator shall act as the liaison between the judiciary,
4267	local department officials, district school board employees, and
4268	local law enforcement agencies. The alternative sanctions
4269	coordinator shall coordinate within the circuit community-based
4270	alternative sanctions, including nonsecure detention programs,
4271	community service projects, and other juvenile sanctions, in
4272	conjunction with the circuit plan implemented in accordance with
4273	s. 790.22(4)(c).
4274	Section 103. Paragraph (a) of subsection (1) of section
4275	985.306, Florida Statutes, is amended to read:
4276	985.306 Delinquency pretrial intervention program.--
4277	(1)(a) Notwithstanding any provision of law to the
4278	contrary, a child who is charged under chapter 893 with a felony
4279	of the second or third degree for purchase or possession of a
4280	controlled substance, and who has not previously been
4281	adjudicated for a felony nor been admitted to a delinquency
4282	pretrial intervention program under this section, is eligible
4283	for admission into a delinquency pretrial substance abuse
4284	education and treatment intervention program approved by the
4285	chief judge or alternative sanctions coordinatorof the circuit
4286	to the extent that funded programs are available, for a period
4287	of not less than 1 year in duration, upon motion of either party
4288	or the court's own motion. If the state attorney believes that
4289	the facts and circumstances of the case suggest the child's
4290	involvement in the dealing and selling of controlled substances,
4291	the court shall hold a preadmission hearing. If the state
4292	attorney establishes by a preponderance of the evidence at such
4293	hearing that the child was involved in the dealing and selling
4294	of controlled substances, the court shall deny the child's
4295	admission into a delinquency pretrial intervention program.
4296	Section 104. Effective July 1, 2003, the Department of
4297	Financial Services shall undertake a review of the Florida
4298	Accounting Information Resource subsystem and Uniform Accounting
4299	System Manual in accounting for state and county expenditures
4300	and revenues associated with Article V of the Florida
4301	Constitution. Necessary revisions to account codes, account
4302	descriptions, categories, and object codes shall be implemented
4303	prior to July 1, 2004. In completing this review, the department
4304	shall consult with clerks of court, county commissioners,
4305	judges, state attorneys, and public defenders. The Auditor
4306	General shall provide technical advice to the department in
4307	undertaking this review.
4308	Section 105. Effective July 1, 2003, the Chief Financial
4309	Officer shall undertake a study to determine county expenditures
4310	for court-related services for the county fiscal year ended
4311	September 30, 2002. The Chief Financial Officer shall provide
4312	the form and manner in which the clerks of court, or the
4313	appropriate county officer in those counties where the clerk of
4314	court is not the county's chief financial officer, shall submit
4315	expenditure data and the timeframes within which the data must
4316	be provided. The clerks of court, state attorneys, public
4317	defenders, court administrators, boards of county commissioners,
4318	and sheriffs shall assist the Chief Financial Officer in the
4319	collection of the necessary expenditure data. The Auditor
4320	General shall provide technical advice with respect to the
4321	collection and analysis of the expenditure data.
4322	(1) Expenditure data shall be reported to the Chief
4323	Financial Officer at the transaction code level and, for
4324	specific transaction codes specified by the Chief Financial
4325	Officer, object/sub-object level, as set forth in the Uniform
4326	Accounting System Manual developed by the Chief Financial
4327	Officer pursuant to s. 218.33. Expenditure data provided for
4328	specific programs or purposes shall include identification of
4329	the specific account codes within the Uniform Accounting System
4330	Manual in which the costs were recorded. The clerks of the
4331	court, or the appropriate county officer in those counties where
4332	the clerk of court is not the county's chief financial officer,
4333	must reconcile the expenditure data provided to the Chief
4334	Financial Officer with the Annual Financial Report required by
4335	s. 218.32. The clerks of court must attest to the accuracy of
4336	the expenditure data provided to the Chief Financial Officer.
4337	State attorneys, public defenders, court administrators, boards
4338	of county commissions chairpersons, and sheriffs shall each
4339	attest to the accuracy of any expenditure data they submit to
4340	the clerks.
4341	(2) The Chief Financial Officer shall reimburse
4342	individuals for travel costs incurred as a result of
4343	participation in the collection and analysis of the expenditure
4344	data from funds specifically appropriated for such purpose.
4345	(3) The Chief Financial Officer shall submit a report to
4346	the President of the Senate and Speaker of the House of
4347	Representatives no later than November 1, 2003, summarizing the
4348	court-related cost information submitted by the Clerks of Court.
4349	Section 106. Article V Chief Information Officers
4350	Coordinating Council; creation.--Effective July 1, 2003, the
4351	Legislature finds that the management and funding of the state
4352	courts system gives rise to a variety of data needs that cut
4353	across the different communications services maintained by state
4354	and local entities involved in the administration of justice.
4355	Because of this, necessary data may not exist in a usable format
4356	or be accessible through the current technical framework. It is
4357	the intent of the Legislature to establish a coordinating
4358	council to facilitate an examination of system data needs and
4359	ways to respond to those needs and to address statewide
4360	enterprise resource planning and management issues between state
4361	and local agencies involved in the administration of justice.
4362	(1) There is created a Justice Agency Chief Information
4363	Officers Coordinating Council. The council shall submit
4364	recommendations to the Governor, the President of the Senate,
4365	the Speaker of the House of Representatives, and the Chief
4366	Justice no later than January 1, 2004, concerning the following:
4367	(a) Achieving consistent, uniform, and reliable data for
4368	use by the Legislature and justice agencies for system
4369	management.
4370	(b) Identifying interagency data exchange needs and ways
4371	to leverage existing data systems to meet the management needs
4372	of system users.
4373	(c) Facilitating access among multiple systems through the
4374	development of common identifiers, essential data field
4375	elements, and a common data dictionary for the essential data
4376	fields.
4377	(d) Coordinating information sharing between state and
4378	county agencies and governmental entities involved in the
4379	administration of justice.
4380	(e) Coordinating existing communications services as
4381	defined in chapter 29, Florida Statutes.
4382	(f) Enhancing communication among state and local agencies
4383	by sharing enterprise resource planning and management
4384	experiences and exchanging ideas.
4385	(g) Facilitating the sharing of best practices
4386	characteristic of highly successful technology organizations, as
4387	well as exemplary information technology applications of state
4388	agencies.
4389	(2) The council shall be composed of thirteen members.
4390	Members shall include:
4391	(a) The chief information officer of the Supreme Court.
4392	(b) One chief information officer selected by the Trial
4393	Court Budget Commission.
4394	(c) One chief information officer selected by the Florida
4395	Public Defender Association.
4396	(d) One chief information officer selected by the Florida
4397	Prosecuting Attorneys Association.
4398	(e) One chief information officer selected by the Florida
4399	Association of County Clerks.
4400	(f) Two chief information officers selected by the Florida
4401	Association of Counties.
4402	(g) The chief information officer of the Department of
4403	Corrections.
4404	(h) The chief information officer of the Florida
4405	Department of Law Enforcement.
4406	(i) The chair, or his or her designee, of the Criminal and
4407	Juvenile Justice Information Systems Council.
4408	(j) One chief information officer selected by the Florida
4409	Sheriff's Association.
4410	(k) One chief information officer selected by the Florida
4411	Police Chiefs Association.
4412	(l) One member at large appointed by the Governor to serve
4413	as chair.
4414	(3) The State Technology Office shall provide
4415	administrative support to the council.
4416	Section 107. Funds from filing fees pursuant to s.
4417	28.241(1)(b), Florida Statutes, shall be deposited into the
4418	Grants and Donations Trust Fund within the Justice
4419	Administrative Commission for the fiscal year 2003-2004 only.
4420	All funds from these filing fees shall be separately identified
4421	within the trust fund. Notwithstanding any provision of chapter
4422	216, Florida Statutes, to the contrary, funds from these filing
4423	fees shall not be expended. In the event that other revenues
4424	into the fund are projected to be insufficient to fully support
4425	the amounts appropriated from the fund, the commission shall
4426	immediately notify the Governor's Office of Policy and Budget
4427	and the appropriate amounts shall be placed in reserve.
4428	Section 108. It is the intent of the Legislature to
4429	implement Revision 7 to Article V of the Florida Constitution in
4430	a way which recognizes the allocation of funding
4431	responsibilities among the state, counties, and system users.
4432	The Legislature hereby declares that the provisions of this act
4433	designed to achieve that allocation of responsibility fulfills
4434	an important state interest.
4435	Section 109. Service charges imposed by the governing
4436	authority of counties by ordinance and special law pursuant to
4437	authority granted in ss. 28.242–34.041, Florida Statutes, prior
4438	to June 30, 2004, are repealed and abolished effective July 1,
4439	2004.
4440	Section 110. Notwithstanding any law to the contrary, any
4441	judicial act may be taken or performed on any day of the week,
4442	including Sundays and holidays.
4443	Section 111. Sections 25.402, 27.006, 27.271, 27.33,
4444	27.3455, 27.36, 27.561, 27.605, 29.003, 29.009, 29.011, 34.201,
4445	43.28, 50.071, 57.091, 218.325, 925.035, 925.036, 925.037,
4446	939.05, 939.07, 939.10, and 939.15, Florida Statutes, are
4447	repealed.
4448	Section 112. Except as otherwise provided herein, this act
4449	shall take effect July 1, 2004.