HB 0113A 2003
   
1 A bill to be entitled
2          An act relating to the judicial system; amending s.
3    25.073, F.S.; revising a definition for purposes of
4    retired justices or judges assigned to temporary duty;
5    amending s. 25.383, F.S.; removing provisions relating to
6    fees for certification and renewal of certification of
7    court reporters; amending s. 25.384, F.S.; expanding the
8    use of the Court Education Trust Fund; revising the title
9    of pt. I, ch. 27, F.S.; renumbering and amending s. 43.35,
10    F.S.; requiring witness coordination to be provided by the
11    state attorneys and public defenders; amending s. 27.02,
12    F.S.; restricting duties of state attorneys before circuit
13    and county courts; requiring the state attorney to provide
14    discovery materials to a defendant; providing for fees;
15    amending s. 27.04, F.S.; revising provisions relating to
16    summoning and examining witnesses for the state to cover
17    any violation of the law; amending s. 27.15, F.S.;
18    providing for payment of expenses for a state attorney to
19    assist in another circuit; amending s. 27.25, F.S.;
20    providing that state attorneys may employ personnel and
21    receive appropriations as authorized by the General
22    Appropriations Act; amending s. 27.34, F.S.; prohibiting
23    counties or municipalities from funding the state
24    attorneys' offices for prosecution of violations of
25    special laws or ordinances; eliminating provisions
26    authorizing the use of funds for certain civil and
27    criminal proceedings; eliminating provisions requiring
28    counties to provide certain services and pay certain fees,
29    expenses, and costs incurred by the state attorney;
30    amending s. 27.35, F.S.; providing that salaries of state
31    attorneys shall be provided in the General Appropriations
32    Act; revising the title of pt. III, ch. 27, F.S.; creating
33    s. 27.40, F.S.; providing requirements for court-appointed
34    counsel; providing for circuit registries of private
35    attorneys; requiring annual fees; specifying
36    inapplicability to court-appointed counsel in
37    postconviction capital collateral cases; creating s.
38    27.42, F.S.; providing for the composition, staff,
39    responsibilities, and funding of circuit Article V
40    indigent services committees; requiring the preparation
41    and distribution of a statewide comparative budget report
42    relating to circuit Article V indigent services committees
43    by the Justice Administrative Commission; providing for
44    the appropriation of funds for attorney's fees and
45    expenses in criminal conflict cases and in child
46    dependency cases and other court-appointed counsel cases;
47    amending s. 27.51, F.S.; revising duties of the public
48    defender; specifying additional indigent persons for whom
49    the public defender is required to secure representation;
50    deleting provisions relating to limitations on
51    representation by public defenders in direct appeals of
52    death penalty cases; amending s. 27.52, F.S.; revising
53    provisions relating to determination of indigence;
54    requiring the clerk of the circuit court to make such
55    determination; providing for payment of application fees;
56    providing for deposit of recovered amounts into the
57    General Revenue Fund; providing for a payment program;
58    amending s. 27.53, F.S.; revising method of funding
59    offices of public defender; specifying that special
60    assistant public defenders are volunteer attorneys;
61    amending s. 27.5301, F.S.; revising method of paying
62    salaries of public defenders; creating s. 27.5303, F.S.;
63    providing requirements for appointment of counsel in
64    conflict of interest of public defender; providing
65    criteria for determining whether a conflict of interest
66    exists; prohibiting withdrawal based solely on lack of
67    funding or excess workload; creating s. 27.5304, F.S.;
68    providing for compensation of private court-appointed
69    counsel; amending s. 27.54, F.S.; prohibiting counties or
70    municipalities from funding the public defenders' offices
71    for prosecution of violations of special laws or
72    ordinances; eliminating provisions requiring counties to
73    provide certain services and pay certain fees, expenses,
74    and costs incurred by the public defender; amending s.
75    27.562, F.S.; providing for disposition of funds collected
76    for legal assistance; amending s. 27.58, F.S.; revising
77    provisions relating to administration of public defender
78    services; amending s. 27.702, F.S.; conforming
79    terminology; amending s. 28.101, F.S.; authorizing an
80    increase in the service charge for filing for dissolution
81    of marriage; renumbering and amending s. 43.195, F.S.;
82    authorizing a clerk to dispose of items of physical
83    evidence in cases where no collateral attack is pending;
84    creating s. 28.215, F.S.; providing for pro se assistance;
85    amending s. 28.24, F.S.; prohibiting the clerk of the
86    court from charging court officials for copies of public
87    records; modifying the service charges for services
88    rendered by the clerk of the court in recording documents
89    and instruments and in performing certain other duties;
90    eliminating the charges for court attendance by each clerk
91    or deputy clerk, court minutes, making and reporting
92    payrolls of jurors, issuing jury summons, and paying
93    witnesses and making and reporting payrolls; amending s.
94    28.2401, F.S.; authorizing an increase in various service
95    charges for probate matters; prohibiting county governing
96    authorities from imposing additional charges; creating s.
97    28.2402, F.S.; imposing a fee on a county or municipality
98    for filing a municipal code or ordinance violation in
99    court; amending s. 28.241, F.S.; authorizing an increase
100    in the fee for filing a civil action in circuit court;
101    requiring that a portion of the fee be remitted to the
102    Clerk of Court Operations Conference; providing a filing
103    fee for reopening a civil action, suit, or proceeding;
104    providing for a reduction in that fee for a petition to
105    modify a final judgment of dissolution; authorizing
106    increases in other filing fees; deleting provisions
107    authorizing a county to assess amounts in excess of
108    specified service charges; prohibiting additional fees,
109    charges, or costs; amending s. 28.245, F.S.; requiring
110    electronic transmittal of funds collected by the clerks of
111    court to the Department of Revenue; creating s. 28.246,
112    F.S.: providing requirements for payment of court-related
113    fees, charges, and costs; providing for collection by
114    private attorney or collection agent; creating s. 28.345,
115    F.S.; exempting state attorneys and public defenders from
116    all fees and charges of the clerks of the circuit courts;
117    creating s. 28.35, F.S.; establishing the Clerk of Court
118    Operations Conference; providing membership; providing
119    duties of the conference, including recommending changes
120    in court-related fines, fees, service charges, and cost
121    schedules to the Legislature, establishing a process for
122    review and approval of proposed budgets submitted by the
123    clerks of the court, certification of budget
124    insufficiencies, and publication of a schedule of maximum
125    fines, fees, service charges, and costs that may be
126    charged; providing for a clerk education program;
127    requiring maintenance of a public depository to receive
128    funds for operations; requiring an annual financial audit;
129    creating s. 28.36, F.S.; providing budget review and
130    approval procedures for the court-related functions of the
131    clerks of the courts; creating s. 28.37, F.S.; providing
132    for certain revenues collected by the clerks to be
133    remitted to the state to pay certain costs of the state
134    courts system; requiring the Department of Revenue to
135    adopt rules; amending s. 29.001, F.S.; defining the
136    elements of the state courts system; providing for using
137    state revenue to pay certain costs associated with those
138    elements; specifying expenses that counties must pay;
139    amending s. 29.004, F.S.; revising and expanding the list
140    of elements of the state courts system to be provided from
141    state revenues appropriated by general law; amending s.
142    29.005, F.S.; revising and expanding the list of elements
143    of state attorneys' offices to be provided from state
144    revenues appropriated by general law; amending s. 29.006,
145    F.S.; revising and expanding the list of elements of
146    public defenders' offices to be provided from state
147    revenues appropriated by general law; amending s. 29.007,
148    F.S.; revising and expanding the list of elements of
149    court-appointed counsel to be provided from state revenues
150    appropriated by general law; amending s. 24, ch. 2000-237,
151    Laws of Florida, to delay the effective date of s. 29.008,
152    F.S.; amending s. 29.008, F.S., relating to county funding
153    of court-related functions; redefining terms; providing
154    standards that facilities and communications systems and
155    services must meet to qualify for funding; requiring that
156    the integrated computer system be made capable of
157    electronically exchanging certain data using specified
158    means at certain levels by a specific date; providing for
159    defining local requirements and adopting a budget
160    therefor; creating s. 29.0085, F.S.; modifying county
161    revenue and expenditure reporting requirements; creating
162    s. 29.014, F.S.; creating the Article V Indigent Services
163    Advisory Board; providing for appointment of members and
164    terms; providing for organization; providing duties;
165    creating ss. 29.015 and 29.016, F.S.; establishing
166    contingency funds for the Justice Administrative
167    Commission and the judicial branch to alleviate deficits
168    in due process services appropriation categories;
169    providing requirements for utilization of the funds;
170    amending s. 34.032, F.S.; providing for funding of arrest
171    warrants for violation of county or municipal ordinances;
172    amending s. 34.041, F.S.; providing for filing fees and
173    costs in county courts; providing for disposition of funds
174    collected; amending s. 34.13, F.S.; requiring
175    administration of oaths relating to violation of a
176    municipal ordinance to be at municipal expense; amending
177    s. 34.171, F.S.; requiring county funding of bailiff
178    salaries; amending s. 34.181, F.S., relating to branch
179    courts; providing a cross reference; amending s. 34.191,
180    F.S.; providing for collection and distribution of fines
181    and forfeitures ; amending s. 39.0134, F.S.; providing for
182    compensation of appointed counsel in dependency
183    proceedings; amending s. 39.4075, F.S.; requiring parties
184    to contribute to the cost of dependency mediation;
185    amending s. 39.815, F.S.; revising a cross reference;
186    creating s. 40.001, F.S.; providing authority and duties
187    of the chief judge; amending s. 40.02, F.S., relating to
188    selection of jury lists; providing for performance of and
189    payment for such duties; amending s. 40.29, F.S.; revising
190    provisions relating to duty of clerks of court to make
191    estimates and requisitions for certain due process costs;
192    amending s. 40.30, F.S.; requiring the estimate and
193    requisition for payment of jurors and witnesses to be
194    endorsed by the Justice Administrative Commission or
195    designee; updating terminology; amending s. 43.16, F.S.;
196    removing reference to Justice Administrative Commission as
197    part of the judicial branch; expanding duties of the
198    commission relating to court-appointed counsel; amending
199    s. 43.26, F.S.; redesignating the presiding judge of the
200    circuit as the chief judge of the circuit; providing
201    additional powers of the chief judge; amending s. 44.108,
202    F.S.; deleting provisions authorizing a county to levy
203    service charges for court mediation and arbitration;
204    assessing a filing fee on court proceedings; depositing
205    fees in the Mediation and Arbitration Trust Fund; amending
206    s. 49.10, F.S.; removing a cross reference; amending s.
207    55.10, F.S.; authorizing an increase in the fee for
208    serving a certificate of lien; amending s. 55.141, F.S.;
209    conforming a cross reference; amending s. 55.505, F.S.;
210    authorizing an increase in the service charge for
211    recording a foreign judgment; amending s. 57.081, F.S.;
212    revising provisions relating to costs and services
213    provided to indigent persons; amending s. 57.085, F.S.;
214    revising provisions relating to waiver of prepayment of
215    court costs and fees for indigent prisoners; amending s.
216    61.14, F.S.; authorizing an increase in certain fees
217    assessed for delinquency of child support and alimony;
218    amending s. 61.181, F.S.; continuing the fee imposed on
219    certain payments of alimony and child support; amending s.
220    61.21, F.S.; providing for authorization of parenting
221    course by the Department of Children and Family Services;
222    amending s. 77.28, F.S.; conforming a cross reference;
223    amending s. 92.153, F.S.; providing maximum charges for
224    documents produced pursuant to subpoenas or records
225    request issued by the state attorney or the public
226    defender; amending s. 92.231, F.S.; providing for payment
227    of expert witness fees; renumbering and amending s.
228    914.09, F.S.; providing for compensation of witnesses
229    summoned in two or more criminal cases; amending s.
230    125.69, F.S.; providing funding requirements with respect
231    to prosecution of violations of county ordinances;
232    amending s. 142.01, F.S.; providing for the clerk of the
233    court to establish a fine and forfeiture fund in each
234    county to be used to pay the costs of court-related
235    functions; deleting provisions authorizing counties to
236    receive funds to pay the cost of criminal prosecutions and
237    transfer excess funds to the county general fund; amending
238    s. 142.02, F.S.; limiting the use of county funds from a
239    levy of a special tax to pay for the cost of criminal
240    prosecutions; amending s. 142.03, F.S.; requiring that
241    fines and forfeitures be used to pay the costs of court-
242    related functions; amending s. 142.15, F.S.; requiring
243    that fees collected by the sheriff be remitted to the
244    clerk in the county where the crime was alleged to have
245    been committed; amending s. 142.16, F.S.; requiring that
246    fines and forfeitures be remitted to the clerk in the
247    county in which the case was adjudicated; amending s.
248    145.022; prohibiting a county from appropriating a salary
249    to the clerk of the court based on the fees collected;
250    creating s. 162.30, F.S.; providing for civil actions to
251    enforce county and municipal ordinances; amending ss.
252    197.532, 197.542, and 197.582, F.S.; conforming cross
253    references; amending s. 212.055, F.S.; revising the
254    definition of "infrastructure" for purposes of the local
255    government infrastructure surtax; amending s. 212.20,
256    F.S.; revising the distribution of the proceeds from
257    certain state-shared revenues; amending s. 218.21, F.S.;
258    revising the guaranteed entitlement of municipalities to
259    certain state revenue sharing; amending s. 218.25, F.S.;
260    allowing a local government to assign, pledge, or set
261    aside certain funds as a trust for payment on
262    indebtedness; amending s. 218.35, F.S.; revising
263    requirements for budget preparation by the clerk of the
264    circuit court as county fee officer; amending s. 318.15,
265    F.S.; authorizing an increase in various fees for persons
266    failing to comply with civil penalties, attend driver
267    improvement school, or appear at a hearing; amending s.
268    318.18, F.S.; authorizing an increase in various fees for
269    penalties for noncriminal dispositions; creating
270    additional charges and fees to be paid to the clerk of the
271    court; authorizing an increase in the fee to dismiss
272    citations; providing for disposition of funds collected;
273    amending s. 318.21, F.S.; revising disposition of civil
274    penalties collected by county courts; amending s. 318.325,
275    F.S.; specifying jurisdiction and procedure for parking
276    infractions; amending s. 322.245, F.S.; authorizing an
277    increase in the delinquency fee for persons charged with
278    specified criminal offenses who fail to comply with the
279    directives of the court; amending s. 327.73, F.S.;
280    authorizing an increase in the charge for court costs for
281    failure to comply with the court's requirements or failure
282    to pay specified civil penalties; amending s. 382.023,
283    F.S.; authorizing an increase in the fee for dissolution
284    of marriage; revising the portion to be retained by the
285    circuit court and the portion remitted to the state, to
286    conform; amending ss. 392.55, 392.56, and 394.473, F.S.;
287    conforming terminology; amending s. 395.3025, F.S.;
288    conforming cross references; amending s. 397.334, F.S.;
289    making treatment-based drug court programs a county option
290    and providing county funding requirements; amending s.
291    712.06, F.S.; conforming cross references; amending s.
292    713.24, F.S.; authorizing an increase in the fee for
293    certain services performed by the clerk of the court in
294    transferring liens; amending s. 721.83, F.S.; requiring
295    filing fees and service charges to be paid separately for
296    each defendant in a consolidated foreclosure action;
297    amending s. 741.30, F.S., relating to domestic violence;
298    providing for certain notice to petitioners relating to
299    indigence; amending s. 744.3135, F.S.; authorizing an
300    increase in the fee paid to the clerk of the court for
301    processing guardian files; amending s. 744.365, F.S.;
302    authorizing an increase in the fee paid to the clerk of
303    the court for an inventory filed by a guardian; deleting
304    provisions requiring that the county pay the auditing fee
305    when such fee is waived by the court; amending s.
306    744.3678, F.S.; authorizing an increase in the fees paid
307    by the guardian to the clerk of the court for filing an
308    annual financial return; prohibiting the clerk of the
309    circuit court from billing the county for a waived fee;
310    amending s. 775.083, F.S.; deleting provisions authorizing
311    counties to impose and collect additional fines to be used
312    to pay for local crime prevention programs; providing for
313    the disposition of fines and costs; requiring funding of
314    crime prevention programs in counties; amending s. 796.07,
315    F.S.; conforming a reference; amending s. 914.11, F.S.;
316    requiring the state to pay certain costs and expenses of
317    indigent defendants presently unable to pay; amending s.
318    916.107, F.S.; providing for right to treatment of
319    forensic clients presently unable to pay; amending s.
320    916.15, F.S., relating to involuntary commitment of
321    defendant adjudicated not guilty by reason of insanity;
322    providing for representation by the public defender if the
323    defendant is indigent; amending s. 938.01, F.S., relating
324    to Additional Court Cost Clearing Trust Fund; requiring
325    payment of court costs; amending s. 938.03, F.S., relating
326    to Crimes Compensation Trust Fund; requiring payment of
327    additional court costs; amending s. 938.05, F.S.;
328    directing court costs to be deposited in the clerk of the
329    courts fine and forfeiture fund instead of the county
330    trust fund; amending s. 938.06, F.S.; removing a
331    restriction on local liability for payment of costs for
332    crime stoppers programs; amending s. 938.19, F.S.;
333    authorizing counties to fund teen courts; amending s.
334    938.27, F.S.; revising provisions relating to judgment for
335    costs on conviction; requiring payment of such costs;
336    amending s. 938.29, F.S.; providing payment requirements
337    for certain legal assistance; providing requirements for
338    deposit and use of funds collected for attorney's fees and
339    costs; amending s. 938.30, F.S.; specifying financial
340    obligations in criminal cases; amending s. 938.35, F.S.;
341    revising provisions for collection of court-related
342    financial obligations; amending s. 939.06, F.S., relating
343    to acquitted defendant not liable for costs; removing
344    county obligation to pay; amending s. 939.08, F.S.;
345    revising requirements relating to certification of costs
346    of the state courts system; amending s. 939.12, F.S.;
347    providing for payment of costs against state in Supreme
348    Court; reenacting s. 943.053, F.S., relating to the
349    dissemination of criminal justice information, to
350    incorporate the amendments to ss. 27.51 and 27.53, F.S.;
351    amending s. 947.18, F.S.; conforming a reference; amending
352    s. 948.03, F.S.; conforming a cross reference; amending s.
353    960.001, F.S.; conforming references; amending s. 984.08,
354    F.S.; conforming terminology; amending s. 985.203, F.S.,
355    relating to right to counsel; providing for imposition of
356    costs of representation; amending ss. 985.215, 985.231,
357    and 985.233, F.S.; conforming terminology; providing for a
358    review of the Florida Accounting Information Resource
359    subsystem and the Uniform Accounting System Manual with
360    respect to Article V funding; requiring implementation of
361    necessary revisions; providing for a study of county
362    expenditures for court-related services; providing
363    requirements; providing for reimbursement of travel costs;
364    requiring a report; requiring a report on costs of court-
365    related services provided by the counties; providing
366    specific requirements; providing for reimbursement of
367    certain expenses; providing an appropriation; providing a
368    statement of important state interest; providing that the
369    transfer of the funding responsibility for the state
370    courts system shall not affect the validity of any
371    judicial or administrative proceeding pending on the day
372    of the transfer; providing that the entity providing
373    appropriations on and after July 1, 2004, shall be
374    considered the successor in interest to any existing
375    contracts, but is not responsible for funding or payment
376    of any service rendered or provided prior to July 1, 2004;
377    authorizing judicial acts to be taken or performed on any
378    day of the week, including Sundays and holidays;
379    authorizing surplus funds for teen courts to be used for
380    juvenile drug courts; repealing certain services charges
381    and fees imposed by counties prior to June 30, 2004;
382    requiring each clerk of the court to submit to the
383    Legislature a report identifying court-related functions
384    and associated costs for county fiscal year 2003-2004;
385    requiring each clerk of the court to notify the Clerk of
386    Court Operations Conference of the schedule of court-
387    related fees, service charges, and costs to be put into
388    effect July 1, 2004, and requiring the conference to
389    submit such information to the Legislature; repealing s.
390    25.402, F.S., relating to the County Article V Trust Fund;
391    repealing s. 27.005, F.S., relating to definitions
392    applicable to state attorneys and public defenders;
393    repealing s. 27.006, F.S., relating to court reporting
394    services; repealing s. 27.271, F.S., relating to per diem
395    and mileage for state attorneys and assistant state
396    attorneys; repealing s. 27.33, F.S., relating to state
397    attorney submission of annual budget; repealing s.
398    27.3455, F.S., relating to annual statement of court-
399    related revenues and expenditures; repealing s. 27.36,
400    F.S., relating to the Office of Prosecution Coordination;
401    repealing s. 27.385, F.S., relating to state attorney
402    budget expenditures and expenditure reports; repealing s.
403    27.605, F.S., relating to public defender budget
404    expenditures and expenditure reports; repealing s. 29.002,
405    F.S., relating to the basis for funding the state courts
406    system; repealing s. 29.003, F.S., relating to the phase-
407    in schedule for court funding; repealing s. 29.009, F.S.,
408    relating to the contingency fund for criminal-related
409    costs of counties; repealing s. 29.011, F.S., relating to
410    conflict counsel pilot projects; repealing s. 34.201,
411    F.S., relating to the County Article V Trust Fund;
412    repealing s. 43.28, F.S., relating to county provision of
413    court facilities; repealing s. 50.071, F.S., relating to
414    court docket funds; repealing s. 57.091, F.S., relating to
415    costs refunded to counties in certain proceedings relating
416    to state prisoners; repealing s. 218.325, F.S., relating
417    to the uniform chart of accounts and financial reporting
418    for court and justice system costs and revenues; repealing
419    s. 914.06, F.S., relating to compensation of expert
420    witnesses in criminal cases; repealing s. 925.035, F.S.,
421    relating to appointment and compensation of an attorney in
422    capital cases and appeals from judgments imposing the
423    death penalty; repealing s. 925.036, F.S., relating to
424    compensation of appointed counsel and prohibition against
425    reassignment or subcontracting of case to another
426    attorney; repealing s. 925.037, F.S., relating to
427    reimbursement of counties for fees paid to appointed
428    counsel and circuit conflict committees; repealing s.
429    939.05, F.S., relating to discharge of insolvent defendant
430    without payment of costs; repealing s. 939.07, F.S.,
431    relating to payment of defendant's witnesses; repealing s.
432    939.10, F.S., relating to duty of board of county
433    commissioners to verify mileage and actual and necessary
434    services and expenses; repealing s. 939.15, F.S., relating
435    to costs paid by counties in cases of insolvency;
436    providing for construction of the act in pari materia with
437    laws enacted during the 2003 Regular Session of the
438    Legislature; providing effective dates.
439         
440          Be It Enacted by the Legislature of the State of Florida:
441         
442          Section 1. Subsection (1) of section 25.073, Florida
443    Statutes, is amended to read:
444          25.073 Retired justices or judges assigned to temporary
445    duty; additional compensation; appropriation.--
446          (1) For purposes of this section, the term "retired
447    justice" or "retired judge" means any former justice or judge
448    who:
449          (a) Has not been defeated in seeking reelection to, or has
450    not failed to be retained in seeking retention in, his or her
451    last judicial office or was not defeated when last seeking
452    election to judicial office; and
453          (b) Is not engaged in the practice of law.
454          Section 2. Effective July 1, 2004, section 25.383, Florida
455    Statutes, is amended to read:
456          25.383 Standards for court reporters; procedures; rules of
457    professional conduct, discipline, and training; fees.--The
458    Supreme Court shall establish minimum standards and procedures
459    for qualifications, certification, discipline, and training for
460    court reporters. The Supreme Court is authorized to set fees to
461    be charged to applicants for certification and renewal of
462    certification. The revenues generated from such fees shall be
463    used to offset the costs of administration of the certification
464    process.The Supreme Court may appoint or employ such personnel
465    as are necessary to assist the court in exercising its powers
466    and performing its duties under this section.
467          Section 3. Effective July 1, 2004, paragraph (a) of
468    subsection (2) of section 25.384, Florida Statutes, is amended
469    to read:
470          25.384 Court Education Trust Fund.--
471          (2)(a) The trust fund moneys shall be used to provide
472    judicial education and training for judges and other court
473    personnel as defined and determined by the Florida Court
474    Educational Council, the State Courts Administrator and his or
475    her staff, trial court administrators, and appellate court law
476    clerks. In addition, funds may be used for the development and
477    implementation of an educational program for the clerks of court
478    as set forth in s. 145.051(2).
479          Section 4. Part I of chapter 27, entitled "Definitions;
480    Court Reporters," is retitled as "Court Reporters; Witness
481    Coordination," and shall consist of sections 27.0055, 27.006,
482    27.0061, and 27.0065, Florida Statutes. This section shall take
483    effect July 1, 2004.
484          Section 5. Effective July 1, 2004, section 43.35, Florida
485    Statutes, is renumbered as section 27.0065, Florida Statutes,
486    and amended to read:
487          27.006543.35 Witness coordinationcoordinating offices.--
488    Each state attorney and public defendercourt administrator
489    shall establish a witness coordinating office in each county
490    within his or her judicial circuit. The officeshall be
491    responsible for:
492          (1) Coordinating court appearances, including pretrial
493    conferences and depositions, for all witnesses who are
494    subpoenaed in criminal cases, including law enforcement
495    personnel.
496          (2) Contacting witnesses and securing information
497    necessary to place a witness on an on-call status with regard to
498    his or her court appearance.
499          (3) Contacting witnesses to advise them not to report to
500    court in the event the case for which they have been subpoenaed
501    has been continued or has had a plea entered, or in the event
502    there is any other reason why their attendance is not required
503    on the dates they have been ordered to report.
504          (4) Contacting the employer of a witness, when necessary,
505    to confirm that the employee has been subpoenaed to appear in
506    court as a witness.
507         
508          In addition, the state attorney or public defenderthe office
509    may provide additional services to reduce time and wage losses
510    to a minimum for all witnesses.
511          Section 6. Effective July 1, 2004, section 27.02, Florida
512    Statutes, is amended to read:
513          27.02 Duties before court.--
514          (1)The state attorney shall appear in the circuit and
515    county courts within his or her judicial circuit and prosecute
516    or defend on behalf of the state all suits, applications, or
517    motions, civil or criminal, in which the state is a party,
518    except as provided in chapters 39, 984, and 985. The intake
519    procedures of chapters 39, 984, and 985 shall apply as provided
520    therein. The state attorney shall not appear in the circuit and
521    county courts within his or her judicial circuit for the purpose
522    of prosecuting violations of special laws, unless expressly
523    authorized, or violations of county or municipal ordinances,
524    unless ancillary to a state prosecution and authorized by the
525    prosecuting attorney of the county.
526          (2) The state attorney shall provide to the defendant all
527    discovery materials required pursuant to the applicable rule of
528    procedure and may charge fees as provided for in s.
529    119.07(1)(a), not to exceed 15 cents per page for a copy of a
530    noncertified copy of a public record. However, these fees may be
531    deferred if the defendant has been determined to be indigent as
532    provided in s. 27.52.
533          Section 7. Section 27.04, Florida Statutes, is amended to
534    read:
535          27.04 Summoning and examining witnesses for state.--The
536    state attorney shall have summoned all witnesses required on
537    behalf of the state; and he or she is allowed the process of his
538    or her court to summon witnesses from throughout the state to
539    appear before the state attorney in or out of term time at such
540    convenient places in the state attorney's judicial circuit and
541    at such convenient times as may be designated in the summons, to
542    testify before him or her as to any violation of the criminal
543    law upon which they may be interrogated, and he or she is
544    empowered to administer oaths to all witnesses summoned to
545    testify by the process of his or her court or who may
546    voluntarily appear before the state attorney to testify as to
547    any violation or violations of the criminallaw.
548          Section 8. Subsection (2) of section 27.15, Florida
549    Statutes, is amended to read:
550          27.15 State attorneys to assist in other circuits.--
551          (2) When any state attorney is required to go beyond the
552    limits of the circuit in which he or she holds office to comply
553    with this section or on other official business performed at the
554    direction of the Governor, the expenses that would otherwise not
555    have been incurred but for the executive assignmentincurred
556    shall be borne by the state and shall be paid from the
557    appropriation provided by the state for the state attorney who
558    is being assisted in the discharge of his or her duties. Other
559    costs attendant to the prosecution of such cases shall be paid
560    by the entity obligated to pay the expense in the absence of an
561    executive assignmentcircuit courts.
562          Section 9. Effective July 1, 2004, subsections (1) and (5)
563    of section 27.25, Florida Statutes, are amended to read:
564          27.25 State attorney authorized to employ personnel;
565    funding formula.--
566          (1) The state attorney of each judicial circuit is
567    authorized to employ and establish, in such number as is
568    authorized by the General Appropriations Acthe or she shall
569    determine, assistant state attorneys, investigators, and
570    clerical, secretarial, and other staff pursuant to s. 29.005
571    personnel, who shall be paid from funds appropriated for that
572    purpose. The state attorneys of all judicial circuits shall
573    jointly develop a coordinated classification and pay plan which
574    shall be submitted on or before January 1 of each year to the
575    Justice Administrative Commission, the office of the President
576    of the Senate, and the office of the Speaker of the House of
577    Representatives. Such plan shall be developed in accordance with
578    policies and procedures of the Executive Office of the Governor
579    established pursuant to s. 216.181.
580          (5) The appropriations for the offices of state attorneys
581    shall be determined by a funding formula based on population and
582    such other factors as may be deemed appropriate in a manner to
583    be determined by this sectionsubsection and the Generalany
584    subsequentAppropriations Act.
585          Section 10. Effective July 1, 2004, section 27.34, Florida
586    Statutes, is amended to read:
587          27.34 Limitations on payment ofsalaries and other related
588    costs of state attorneys' offices other than by the state;
589    limitations.--
590          (1) ANo county or municipality may not contract with, or
591    shall appropriate or contribute funds to the operation of,the
592    various state attorneys for the prosecution of, except that a
593    county or municipality may appropriate or contribute funds to
594    pay the salary of one assistant state attorney whose sole
595    function shall be to prosecute violations of special laws,
596    unless expressly authorized,or ordinances of the county or
597    municipality, unless ancillary to a state prosecution.and may
598    provide Persons employed by the county or municipality may be
599    providedto the state attorney to serve as special investigators
600    pursuant to the provisions of s. 27.251. However, any county or
601    municipality may contract with the state attorney of the
602    judicial circuit in which such county or municipality is located
603    for the prosecution of violations of county or municipal
604    ordinances. In addition, a county or municipality may
605    appropriate or contribute funds to pay the salary of one or more
606    assistant state attorneys who are trained in the use of the
607    civil and criminal provisions of the Florida RICO Act, chapter
608    895, and whose sole function is to investigate and prosecute
609    civil and criminal RICO actions when one or more offenses
610    identified in s. 895.02(1)(a) occur within the boundaries of the
611    municipality or county.
612          (2) The state attorneys shall be provided by the counties
613    within their judicial circuits with such office space,
614    utilities, telephone service, custodial services, library
615    services, transportation services, and communication services as
616    may be necessary for the proper and efficient functioning of
617    these offices, except as otherwise provided in the General
618    Appropriations Act. The state attorney's office shall also be
619    provided with pretrial consultation fees for expert or other
620    potential witnesses consulted before trial by the state
621    attorney; travel expenses incurred in criminal cases by a state
622    attorney in connection with out-of-jurisdiction depositions;
623    out-of-state travel expenses incurred by assistant state
624    attorneys or by investigators of state attorneys while
625    attempting to locate and interrogate witnesses for the state
626    attorney in the prosecution of a criminal case; court reporter
627    costs incurred by the state attorney during the course of an
628    investigation and criminal prosecution which costs are certified
629    by the state attorney as being useful and necessary in the
630    prosecution, provided that nothing herein shall be construed to
631    prohibit the county from contesting the reasonableness of the
632    expenditure in the court wherein the criminal case is brought;
633    postindictment and postinformation deposition costs incurred by
634    the state attorney during the course of a criminal prosecution
635    of an insolvent defendant when such costs are certified by the
636    state attorney as being useful and necessary in the prosecution,
637    provided that nothing herein shall be construed to prohibit the
638    county from contesting the reasonableness of the expenditure in
639    the court wherein the criminal case is brought; and the cost of
640    copying depositions of state witnesses taken by the public
641    defender, court-appointed counsel, or private retained counsel,
642    when such costs are certified by the state attorney as being
643    useful and necessary in the prosecution, provided that nothing
644    herein shall be construed to prohibit the county from contesting
645    the reasonableness of the expenditure in the court wherein the
646    criminal case is brought. The office space to be provided by the
647    counties shall not be less than the standards for space
648    allotment adopted by the Department of Management Services, nor
649    shall these services and office space be less than were provided
650    in the prior fiscal year.
651          (2)(3)It is hereby prohibited for any state attorney to
652    receive from any county or municipality any supplemental salary.
653    However in judicial circuits with a population of 1 million or
654    more, state attorneys presently holding office and now receiving
655    a county supplement may continue to receive a county salary
656    supplement at the discretion of the counties for the remainder
657    of their term of office.
658          (3)(4) Notwithstanding s. 27.25, the Chief Financial
659    OfficerInsurance Commissionermay contract with the state
660    attorney of any judicial circuit of the state for the
661    prosecution of criminal violations of the Workers' Compensation
662    Law and related crimes if the Chief Financial Officer
663    contributesand may contributefunds for such purposes. Such
664    contracts may provide for the training, salary, and expenses of
665    one or more assistant state attorneys used in the prosecution of
666    such crimes.
667          Section 11. Section 27.35, Florida Statutes, is amended to
668    read:
669          27.35 Salaries of state attorneys.--
670          (1)Each state attorney shall receive as salary the amount
671    provided in the General Appropriations Actsubsection (2) and
672    subsequent appropriations acts.
673          (2) The annual salaries for state attorneys shall be as
674    follows:
675          (a) In those circuits having a population of 100,000 or
676    less $28,000.
677          (b) In those circuits having a population of more than
678    100,000 but less than 200,000 30,000.
679          (c) In those circuits having a population of more than
680    200,000 32,000.
681          Section 12. Part III of chapter 27, entitled "Public
682    Defenders," is retitled as "Public Defenders and Other Court-
683    appointed Counsel," and shall consist of sections 27.40, 27.42,
684    27.50, 27.51, 27.512, 27.52, 27.525, 27.53, 27.5301, 27.5302,
685    27.5303, 27.5304, 27.54, 27.55, 27.561, 27.562, 27.58, and
686    27.59, Florida Statutes. This section shall take effect July 1,
687    2004.
688          Section 13. Effective July 1, 2004, section 27.40, Florida
689    Statutes, is created to read:
690          27.40 Court-appointed counsel; circuit registries; minimum
691    requirements; appointment by court.--
692          (1) Counsel shall be appointed to represent any individual
693    in a criminal or civil proceeding entitled to court-appointed
694    counsel under the Federal or State Constitution or as authorized
695    by general law. The court shall appoint a public defender to
696    represent indigent persons as authorized in s. 27.51. Private
697    counsel shall be appointed to represent indigents in those cases
698    in which provision is made for court-appointed counsel but the
699    public defender is unable to provide representation due to a
700    conflict of interest or is not authorized to provide
701    representation.
702          (2) Private counsel appointed by the court to provide
703    representation shall be selected from a registry established by
704    the circuit Article V indigent services committee or procured
705    through a competitive-bidding process.
706          (3) In utilizing a registry:
707          (a) Each circuit Article V indigent services committee
708    shall compile and maintain a list of attorneys in private
709    practice, by county and by category of cases. To be included on
710    a registry, attorneys shall certify that they meet any minimum
711    requirements established in general law for court appointment,
712    are available to represent indigent defendants in cases
713    requiring court appointment of private counsel, and are willing
714    to abide by the terms of the contract for services. Each
715    attorney on the registry shall be responsible for notifying the
716    circuit Article V indigent services committee of any change in
717    his or her status. Failure to comply with this requirement shall
718    be cause for removal from the registry until the requirement is
719    fulfilled.
720          (b) The court shall appoint attorneys in rotating order in
721    the order in which names appear on the applicable registry,
722    unless the court makes a finding of good cause on the record for
723    appointing an attorney out of order. An attorney not appointed
724    in the order in which his or her name appears on the list shall
725    remain next in order.
726          (c) If it finds the number of attorneys on the registry in
727    a county or circuit for a particular category of cases is
728    inadequate, the circuit Article V indigent services committee
729    shall notify the chief judge of the particular circuit in
730    writing. The chief judge shall submit the names of at least
731    three private attorneys with relevant experience. The clerk of
732    court shall send an application to each of these attorneys to
733    register for appointment.
734          (d) Quarterly, beginning July 1, 2004, each circuit
735    Article V indigent services committee shall provide the Chief
736    Justice of the Supreme Court, the chief judge, the state
737    attorney and public defender in each judicial circuit, and the
738    clerk of court in each county with a current copy of each
739    registry.
740          (4) To be eligible for court appointment, an attorney must
741    be a member in good standing of The Florida Bar in addition to
742    any other qualifications specified by general law.
743          (5) The Justice Administrative Commission shall approve
744    uniform contract forms for use in procuring the services of
745    private court-appointed counsel based on the recommendations of
746    the Article V Indigent Services Advisory Board.
747          (6) After court appointment, the attorney must immediately
748    file a notice of appearance with the court indicating acceptance
749    of the appointment to represent the defendant.
750          (7)(a) An attorney appointed to represent a defendant or
751    other client is entitled to payment of attorney's fees and
752    expenses pursuant to s. 27.5304, only upon full performance by
753    the attorney of specified duties, approval of payment by the
754    court, and attorney submission of a payment request to the
755    Justice Administrative Commission. If an attorney is permitted
756    to withdraw or is otherwise removed from representation prior to
757    full performance of the duties specified in this section, the
758    trial court shall approve payment of attorney's fees and costs
759    for work performed in an amount not to exceed the amounts
760    specified in s. 27.5304.
761          (b) The attorney shall maintain appropriate documentation,
762    including a current and detailed hourly accounting of time spent
763    representing the defendant or other client.
764          (8) Subject to the attorney-client, work-product
765    privilege, an attorney who withdraws or is removed from
766    representation shall deliver all files, notes, documents, and
767    research to the successor attorney within 15 days after
768    receiving notice from the successor attorney. The successor
769    attorney shall bear the cost of transmitting all files, notes,
770    documents, and research.
771          (9) A circuit Article V indigent services committee or any
772    interested person may advise the court of any circumstance
773    affecting the quality of representation, including, but not
774    limited to, false or fraudulent billing, misconduct, failure to
775    meet continuing legal education requirements, solicitation to
776    receive compensation from the defendant or other client the
777    attorney is appointed to represent, or failure to file
778    appropriate motions in a timely manner.
779          (10) This section does not apply to attorneys appointed to
780    represent persons in postconviction capital collateral cases
781    pursuant to part IV of this chapter.
782          Section 14. Effective July 1, 2004, section 27.42, Florida
783    Statutes, is created to read:
784          27.42 Circuit Article V indigent services committees;
785    composition; staff; responsibilities; funding.--
786          (1) In each judicial circuit a circuit Article V indigent
787    services committee shall be established. The committee shall
788    consist of the following:
789          (a) The chief judge of the judicial circuit or the chief
790    judge's designee, who shall serve as the chair.
791          (b) The public defender of the judicial circuit.
792          (c) One experienced private criminal defense attorney
793    appointed by the chief judge to serve a 2-year term. During the
794    2-year term, the attorney is prohibited from serving as court-
795    appointed counsel.
796          (d) One experienced civil trial attorney appointed by the
797    chief judge, to serve a 2-year term. During the 2-year term, the
798    attorney is prohibited from serving as court-appointed counsel.
799          (2)(a) The responsibility of the circuit Article V
800    indigent services committee is to manage the appointment and
801    compensation of court-appointed counsel within a circuit
802    pursuant to ss. 27.40 and 27.5303. The circuit Article V
803    indigent services committee shall meet at least quarterly.
804          (b) The circuit Article V indigent services committee
805    shall maintain a registry pursuant to s. 27.40, unless procuring
806    counsel through a competitive-bidding process. The committee
807    shall apply the eligibility and performance standards set by the
808    Legislature, if any, after receiving recommendations from the
809    Article V Indigent Services Advisory Board, for the appropriate
810    category of case.
811          (c) The circuit Article V indigent services committee
812    shall develop a schedule of standard fees and expense allowances
813    for the various categories of cases, consistent with the
814    standards adopted by the Legislature, if any, after receiving
815    recommendations from the Article V Indigent Services Advisory
816    Board.
817          (3) The Justice Administrative Commission shall prepare
818    and issue on a quarterly basis a statewide report comparing
819    actual year-to-date expenditures to budgeted amounts for the
820    circuit Article V indigent services committees in each of the
821    judicial circuits. Copies of these quarterly reports shall be
822    distributed to each circuit Article V indigent services
823    committee and to the President of the Senate and the Speaker of
824    the House of Representatives.
825          (4)(a) The funding and positions for the processing of
826    committees' fees and expenses shall be as appropriated to the
827    Justice Administrative Commission in the General Appropriations
828    Act.
829          (b) Funds for criminal conflict case fees and expenses
830    shall be appropriated by the Legislature in a separate
831    appropriations category within the Justice Administrative
832    Commission. These funds shall be allocated to each circuit as
833    prescribed in the General Appropriations Act.
834          (c) Separate funds for attorneys' fees and expenses in
835    conflict cases under chapter 394 shall be appropriated by the
836    Legislature in a separate appropriations category within the
837    Justice Administrative Commission.
838          (d) The Legislature shall appropriate separate funds for
839    attorneys' fees and expenses in child dependency cases and other
840    court-appointed counsel cases in a separate appropriations
841    category within the Justice Administrative Commission.
842          Section 15. Effective July 1, 2004, section 27.51, Florida
843    Statutes, is amended to read:
844          27.51 Duties of public defender.--
845          (1) The public defender shall represent, without
846    additional compensation, any person who is determined by the
847    courtto be indigent as provided in s. 27.52 and who is:
848          (a) Under arrest for, or is charged with, a felony;
849          (b) Under arrest for, or is charged with, a misdemeanor
850    authorized for prosecution by the state attorney, a violation of
851    chapter 316 which is punishable by imprisonment, orcriminal
852    contempt, or a violation of a municipal or county ordinance in
853    the county court,unless the court, prior to trial, files in the
854    cause an order of no imprisonment which states that the
855    defendant will not be imprisoned if he or she is convicted;
856          (c) Alleged to be a delinquent child pursuant to a
857    petition filed before a circuit court; or
858          (d) Sought by petition filed in such court to be
859    involuntarily placed as a mentally ill person or sexually
860    violent predator or involuntarily admitted to residential
861    services as a person with developmental disabilities. However, a
862    public defender does not have the authority to represent any
863    person who is a plaintiff in a civil action brought under the
864    Florida Rules of Civil Procedure, the Federal Rules of Civil
865    Procedure, or the federal statutes, or who is a petitioner in an
866    administrative proceeding challenging a rule under chapter 120,
867    unless specifically authorized by statute; or
868          (e) Convicted and sentenced to death for purposes of
869    prosecuting an appeal to the Supreme Court.
870          (2) The court may not appoint the public defender to
871    represent, even on a temporary basis, any person who is not
872    indigent. The court, however, may appoint private counsel in
873    capital cases as provided in ss. 27.40 and 27.5303s. 925.035.
874          (3) Each public defender shall serve on a full-time basis
875    and is prohibited from engaging in the private practice of law
876    while holding office. Assistant public defenders shall give
877    priority and preference to their duties as assistant public
878    defenders and shall not otherwise engage in the practice of
879    criminal law.
880          (4) The public defender for a judicial circuit enumerated
881    in this subsection shall, after the record on appeal is
882    transmitted to the appellate court by the office of the public
883    defender which handled the trial and if requested by any public
884    defender within the indicated appellate district, handle all
885    felony appeals to the state and federal courts required of the
886    official making such request:
887          (a) Public defender of the second judicial circuit, on
888    behalf of any public defender within the district comprising the
889    First District Court of Appeal.
890          (b) Public defender of the tenth judicial circuit, on
891    behalf of any public defender within the district comprising the
892    Second District Court of Appeal.
893          (c) Public defender of the eleventh judicial circuit, on
894    behalf of any public defender within the district comprising the
895    Third District Court of Appeal.
896          (d) Public defender of the fifteenth judicial circuit, on
897    behalf of any public defender within the district comprising the
898    Fourth District Court of Appeal.
899          (e) Public defender of the seventh judicial circuit, on
900    behalf of any public defender within the district comprising the
901    Fifth District Court of Appeal.
902          (5) When the public defender for a judicial circuit
903    enumerated in subsection (4) has represented at trial a person
904    sentenced to death, the public defender shall not represent that
905    person in any direct appellate proceedings. That public defender
906    shall notify the Florida Supreme Court within 10 days after
907    filing a notice of appeal, and the Court shall appoint another
908    public defender enumerated in subsection (4) to represent the
909    person in any direct appellate proceedings.
910          (5)(6)(a) When direct appellate proceedings prosecuted by
911    a public defender on behalf of an accused and challenging a
912    judgment of conviction and sentence of death terminate in an
913    affirmance of such conviction and sentence, whether by the
914    Florida Supreme Court or by the United States Supreme Court or
915    by expiration of any deadline for filing such appeal in a state
916    or federal court, the public defender shall notify the accused
917    of his or her rights pursuant to Rule 3.850, Florida Rules of
918    Criminal Procedure, including any time limits pertinent thereto,
919    and shall advise such person that representation in any
920    collateral proceedings is the responsibility of the capital
921    collateral representative. The public defender shall then
922    forward all original files on the matter to the capital
923    collateral representative, retaining such copies for his or her
924    files as may be desired. However, the trial court shall retain
925    the power to appoint the public defender or other attorney not
926    employed by the capital collateral representative to represent
927    such person in proceedings for relief by executive clemency
928    pursuant to ss. 27.40 and 27.5303s. 925.035.
929          (b) It is the intent of the Legislature that any public
930    defender representing an inmate in any collateral proceedings in
931    any court on June 24, 1985, shall continue representation of
932    that inmate in all postconviction proceedings unless relieved of
933    responsibility from further representation by the court.
934          (6)(7)A sum shall be appropriated to the public defender
935    of each judicial circuit enumerated in subsection (4) for the
936    employment of assistant public defenders and clerical employees
937    and the payment of expenses incurred in cases on appeal.
938          Section 16. Effective July 1, 2004, section 27.52, Florida
939    Statutes, is amended to read:
940          27.52 Determination of indigenceindigency.--
941          (1)(a) The clerk of the circuit court shall determine the
942    indigence of each person applying for appointment of a
943    determination of indigency for purposes of appointing thepublic
944    defender or privateor conflict attorney or any other court-
945    related services based on indigence. This determinationshall be
946    made by the court, andmay be made at any stage of the
947    proceedings. Before appointing the public defender or a private
948    conflict attorney, or providing any other court-related service
949    based on indigence, the court shall receive the determination of
950    indigence from the clerk. If the clerk has not made this
951    determination at the time a person requests appointment of a
952    public defender or private attorney or provision of any other
953    court-related services, the courtconsider a completed affidavit
954    that contains the financial information required under paragraph
955    (f) and shall make a preliminary determination of indigence
956    indigency, pending verification by the clerkindigency examiner.
957    The applicant may seek review of the clerk's determination
958    denying indigence in the court having jurisdiction over the
959    matter at the next scheduled hearing.
960          (2)(a) Any person applying for appointment of a public
961    defender or private attorney or any other court-related services
962    based on indigence shall pay a $40 application fee to the clerk
963    of court and submit a completed affidavit containing the
964    financial information required under paragraph (f).
965          (b) The person shall pay the application fee at the time
966    the financial affidavit is filed or within 7 days thereafter. If
967    not paid within 7 days, the applicant shall be enrolled by the
968    clerk in a payment program to recover unpaid fees, in full, with
969    periodic payment amounts corresponding to the applicant's
970    ability to pay.
971          (b) An accused person, or if applicable a parent or legal
972    guardian of an accused minor or an accused adult tax-dependent
973    person, asserting indigency and requesting representation by the
974    public defender or a conflict attorney, shall file with the
975    court a completed affidavit containing the financial information
976    required under paragraph (f) and stating that the affidavit is
977    signed under oath and under penalty of perjury.
978          (c) Each person who requests the appointment of the public
979    defender or a conflict attorney shall pay to the clerk of the
980    court an application fee of $40, as ordered by the court, at the
981    time the financial affidavit is filed, or within 7 days
982    thereafter. If not paid within 7 days, the application fee shall
983    be assessed at sentencing or at the final disposition of the
984    case. The application fee shall be assessed for each affidavit
985    filed against a defendant who requests appointment of the public
986    defender or a conflict attorney. A defendant who isfound to be
987    indigent may not be refused counsel or any other court-related
988    services based on indigencefor failure to pay the application
989    fee. The defendant shall pay a separate application fee for each
990    affidavit filed.
991          (d) If the court finds that the accused person applying
992    for representation appears to be indigent based upon the
993    financial affidavit required under paragraph (f), the court
994    shall appoint the public defender or a privateconflictattorney
995    to provide representation. If the application fee is not paid
996    prior to the disposition of the case, the clerk shall advise the
997    sentencing judge of this fact and the court shall:
998          1. Assess the application fee as part of the sentence or
999    as a condition of probation; or
1000          2. Assess the application fee pursuant to s. 938.29.
1001         
1002          If the clerkindigency examinerfinds discrepancies between the
1003    financial affidavit and his or herthe examiner'sinvestigation
1004    of assets, the clerkindigency examinershall submit the
1005    information to the court and the court shall determine whether
1006    the public defender or privateconflictattorney shall continue
1007    representation. The defendant may be heard regarding the
1008    information discovered by the clerkindigency examiner. If the
1009    court, based on the information provided, determines that the
1010    defendant is not indigent, the court shall order thatthe public
1011    defender or privateconflict attorney todiscontinue
1012    representation. Notwithstanding any provision of law or local
1013    order to the contrary, the clerk of the court shall assign the
1014    first $40 of any court assessed fees or costs that arepaid by
1015    an indigent defendant as payment offorthe application fee. In
1016    no event should a person who isfound to be indigent be refused
1017    counsel for failure to pay the fee.
1018          (e) All application fees shall be transferred monthly by
1019    the clerk of the court to the Department of Revenue for deposit
1020    to the Indigent Criminal Defense Trust Fund, administered by the
1021    Justice Administrative Commission, to be used to supplement the
1022    general revenue funds appropriated by the Legislature to the
1023    public defenders. The clerk of the court may retain 2 percent of
1024    application fees collected monthly for administrative costs
1025    prior to remitting the remainder to the Department of Revenue.
1026          (f) The affidavit must contain the following financial
1027    information and calculations as to the applicant'saccused
1028    person'sincome:
1029          1. Net income.--Total salary and wages, minus deductions
1030    required by law, including court-ordered support payments.
1031          2. Other income.--Including, but not limited to, social
1032    security benefits, union funds, veterans' benefits, workers'
1033    compensation, other regular support from absent family members,
1034    public or private employee pensions, unemployment compensation,
1035    dividends, interest, rent, trusts, and gifts.
1036          3. Assets.--Including, but not limited to, cash, savings
1037    accounts, bank accounts, stocks, bonds, certificates of deposit,
1038    equity in real estate, and equity in a boat or a motor vehicle
1039    or in other tangible property.
1040          (g) The income of an applicant who is aaccusedminor or
1041    an accusedadult tax-dependent person who is substantially
1042    supported by a parent or parents or by a guardian, or who
1043    continues to be claimed as a dependent for tax purposes, shall
1044    include the income of that dependent person's parent or parents
1045    or guardian, except a parent or guardian who has an adverse
1046    interest in the proceeding.
1047          (h) In addition to the financial information, the
1048    affidavit must contain the following statement: "I, ... (name
1049    of applicantaccused person) ..., agree to report any change in
1050    my financial situation to the court or to the indigency
1051    examiner."
1052          (3)(2)(a) After reviewing the affidavit and questioning
1053    the applicantaccused person, the clerkcourtshall make one of
1054    the following determinations:
1055          1. The applicantaccused personis indigent.
1056          2. The applicantaccused personis not indigent.
1057          (b) An applicantaccused person, including an applicant
1058    who is a minor or anor an accused minor's or accusedadult tax-
1059    dependent personperson's parent or guardian, is indigent if:
1060          1. The income of the person is equal to or below 200250
1061    percent of the then-current federal poverty guidelines
1062    prescribed for the size of the household of the applicant
1063    accusedby the United States Department of Health and Human
1064    Services or if the person is receiving Temporary Assistance for
1065    Needy Families-Cash AssistanceAid to Families with Dependent
1066    Children (AFDC), poverty-related veterans' benefits, or
1067    Supplemental Security Income (SSI); or
1068          2. The person is unable to pay for the services of an
1069    attorney without substantial hardship to his or her family.
1070          (c) In determining whether an applicanta defendantis
1071    indigent, the clerkcourtshall determine whether any of the
1072    following facts exist, and the existence of any such fact
1073    creates a presumption that the applicantdefendantis not
1074    indigent:
1075          1. The defendant has been released on bail in the amount
1076    of $5,000 or more.
1077          2. The defendant owns, or has equity in, any intangible or
1078    tangible personal property or real property or the expectancy of
1079    an interest in any such property.
1080          3. The defendant retained private counsel immediately
1081    before or after filing the affidavit asserting indigence
1082    indigency pursuant to subsection (2)(1).
1083          (d) A nonindigent parent or legal guardian of an applicant
1084    who is aaccused minor or an accusedadult tax-dependent person
1085    shall furnish the minor or adult tax-dependentdependentperson
1086    with the necessary legal services and costs incident to a
1087    delinquency proceeding or, upon transfer of such person for
1088    criminal prosecution as an adult pursuant to chapter 985, a
1089    criminal prosecution, in which the person has a right to legal
1090    counsel under the Constitution of the United States or the
1091    Constitution of the State of Florida. The failure of a parent or
1092    legal guardian to furnish legal services and costs under this
1093    section does not bar the appointment of legal counsel pursuant
1094    to s. 27.40 or 27.530327.53. When the public defender, a
1095    special assistant public defender appointed pursuant to s.
1096    27.53(2), or aappointed private attorneylegal counselis
1097    appointed to represent aan accused minor or an accusedadult
1098    tax-dependent person in any proceeding in circuit court or in a
1099    criminal proceeding in any other court, the parents or the legal
1100    guardian shall be liable for payment of the fees, charges,and
1101    costs of thesuchrepresentation even if the person is a minor
1102    being tried as an adult. Liability for the fees, charges, and
1103    costs of thesuch representation shallmaybe imposed in the
1104    form of a lien against the property of the nonindigent parents
1105    or legal guardian of the accused minor or accusedadult tax-
1106    dependent person. The, which lien shall beisenforceable as
1107    provided in s. 27.561 or s. 938.29. The court shall determine
1108    the amount of the obligation; and, in determining the amount of
1109    the obligation, the court shall follow the procedure outlined by
1110    this section.
1111          (4)(3) If the trial court determines, within 2 years after
1112    the determination of indigency, that any applicantaccusedwas
1113    erroneously or improperly determined to be indigent, the state
1114    attorney shall, in the name of the state, proceed against the
1115    applicantsuch accusedfor the reasonable value of the services
1116    rendered,to the accused and including all fees, charges, and
1117    costs paid by the state or countyin his or her behalf. Any
1118    amount recovered shall be remitted to the Department of Revenue
1119    for deposit into the General Revenue Fundboard of county
1120    commissioners of the county wherein the accused was tried. The
1121    funds shall be deposited in the fine and forfeiture fund of that
1122    county and be used to defray the expenses incurred by the county
1123    with respect to the defense of defendants in criminal
1124    prosecutions.
1125          (5) An individual determined to be indigent and seeking to
1126    defer payment of fees, charges, or costs imposed by operation of
1127    law or order of the court under this section or any other
1128    provision of general law imposing fees, charges, or costs, shall
1129    be enrolled by the clerk in a payment program to recover unpaid
1130    costs in full, with periodic payment amounts corresponding to
1131    the individual's ability to pay.
1132          Section 17. Effective July 1, 2004, section 27.53, Florida
1133    Statutes, is amended to read:
1134          27.53 Appointment of assistants and other staff; method of
1135    payment.--
1136          (1) The public defender of each judicial circuit is
1137    authorized to employ and establish, in such numbers as
1138    authorized by the General Appropriations Actas he or she shall
1139    determine, assistant public defenders, investigators, and other
1140    staff and personnel pursuant to s. 29.006,who shall be paid
1141    from funds appropriated for that purpose. Notwithstanding the
1142    provisions of s. 790.01, s. 790.02, or s. 790.25(2)(a), an
1143    investigator employed by a public defender, while actually
1144    carrying out official duties, is authorized to carry concealed
1145    weapons if the investigator complies with s. 790.25(3)(o).
1146    However, such investigators are not eligible for membership in
1147    the Special Risk Class of the Florida Retirement System. The
1148    public defenders of all judicial circuits shall jointly develop
1149    a coordinated classification and pay plan which shall be
1150    submitted on or before January 1 of each year to the Justice
1151    Administrative Commission, the office of the President of the
1152    Senate, and the office of the Speaker of the House of
1153    Representatives. Such plan shall be developed in accordance with
1154    policies and procedures of the Executive Office of the Governor
1155    established in s. 216.181. Each assistant public defender
1156    appointed by a public defender under this section shall serve at
1157    the pleasure of the public defender. Each investigator employed
1158    by a public defender shall have full authority to serve any
1159    witness subpoena or court order issued, by any court or judge
1160    within the judicial circuit served by such public defender, in a
1161    criminal case in which such public defender has been appointed
1162    to represent the accused.
1163          (2) Any member of The Florida Bar, in good standing, may
1164    volunteerregister his or her availability to the public
1165    defender of any judicial circuit for acceptance of special
1166    assignments without salary to represent indigent defendants.
1167    Volunteer attorneys are to beSuch persons shall be listed and
1168    referred to as special assistant public defenders and be paid a
1169    fee and costs and expenses as provided in s. 925.036. A special
1170    assistant public defender may not reassign or subcontract a case
1171    to another attorney.
1172          (3) If, at any time during the representation of two or
1173    more indigents, the public defender determines that the
1174    interests of those accused are so adverse or hostile that they
1175    cannot all be counseled by the public defender or his or her
1176    staff without conflict of interest, or that none can be
1177    counseled by the public defender or his or her staff because of
1178    conflict of interest, the public defender shall file a motion to
1179    withdraw and move the court to appoint other counsel. The court
1180    shall review and may inquire or conduct a hearing into the
1181    adequacy of the public defender's representations regarding a
1182    conflict of interest without requiring the disclosure of any
1183    confidential communications. The court shall permit withdrawal
1184    unless the court determines that the asserted conflict is not
1185    prejudicial to the indigent client. If the court grants the
1186    motion to withdraw, it may appoint one or more members of The
1187    Florida Bar, who are in no way affiliated with the public
1188    defender, in his or her capacity as such, or in his or her
1189    private practice, to represent those accused. However, the trial
1190    court shall appoint such other counsel upon its own motion when
1191    the facts developed upon the face of the record and files in the
1192    cause disclose such conflict. The court shall advise the
1193    appropriate public defender and clerk of court, in writing, when
1194    making such appointment and state the conflict prompting the
1195    appointment. The appointed attorney shall be compensated as
1196    provided in s. 925.036.
1197          (3)(4)The appropriations for the offices of public
1198    defender shall be determined by a funding formula and such other
1199    factors as may be deemed appropriate in a manner to be
1200    determined by this sectionsubsection and the Generalany
1201    subsequentAppropriations Act.
1202          Section 18. Subsection (1) of section 27.5301, Florida
1203    Statutes, is amended to read:
1204          27.5301 Salaries of public defenders and assistant public
1205    defenders.--
1206          (1) The salaries of public defenders, to be paid by the
1207    state,shall be as provided in the General Appropriations Act
1208    and shall be paid in equal monthly installments.
1209          Section 19. Effective July 1, 2004, section 27.5303,
1210    Florida Statutes, is created to read:
1211          27.5303 Public defenders; conflict of interest.--
1212          (1)(a) If, at any time during the representation of two or
1213    more defendants, a public defender determines that the interests
1214    of those accused are so adverse or hostile that they cannot all
1215    be counseled by the public defender or his or her staff without
1216    conflict of interest, or that none can be counseled by the
1217    public defender or his or her staff because of a conflict of
1218    interest, then the public defender shall file a motion to
1219    withdraw and move the court to appoint other counsel. If
1220    requested by the Justice Administrative Commission, the public
1221    defender shall submit a copy of the motion to the Justice
1222    Administrative Commission at the time it is filed with the
1223    court. The Justice Administrative Commission shall have standing
1224    to appear before the court to contest any motion to withdraw due
1225    to a conflict of interest. The Justice Administrative Commission
1226    may contract with other public or private entities or
1227    individuals to appear before the court for the purpose of
1228    contesting any motion to withdraw due to a conflict of interest.
1229    The court shall review and may inquire or conduct a hearing into
1230    the adequacy of the public defender's representations regarding
1231    a conflict of interest without requiring the disclosure of any
1232    confidential communications. The court shall deny the motion to
1233    withdraw if the court finds the grounds for withdrawal are
1234    insufficient or the asserted conflict is not prejudicial to the
1235    indigent client. If the court grants the motion to withdraw, the
1236    court shall appoint one or more attorneys to represent the
1237    accused.
1238          (b) Upon its own motion, the court shall appoint such
1239    other counsel when the facts developed upon the face of the
1240    record and court files in the case disclose a conflict of
1241    interest. The court shall advise the appropriate public defender
1242    and clerk of court, in writing, with a copy to the Justice
1243    Administrative Commission, if so requested by the Justice
1244    Administrative Commission, when making the motion and appointing
1245    one or more attorneys to represent the accused. The court shall
1246    specify the basis for the conflict.
1247          (c) In no case shall the court approve a withdrawal by the
1248    public defender based solely upon inadequacy of funding or
1249    excess workload of the public defender.
1250          (d) In determining whether or not there is a conflict of
1251    interest, the public defender and the court shall apply the
1252    standards adopted by the Legislature after receiving
1253    recommendations from the Article V Indigent Services Advisory
1254    Board.
1255          (2) The court shall appoint conflict counsel pursuant to
1256    s. 27.40. The appointed attorney may not be affiliated with the
1257    public defender or any assistant public defender in his or her
1258    official capacity or any other private attorney appointed to
1259    represent a codefendant. The public defender may not participate
1260    in case-related decisions, performance evaluations, or expense
1261    determinations in conflict cases.
1262          (3) Private court-appointed counsel shall be compensated
1263    as provided in s. 27.5304 in accordance with compensation
1264    standards adopted by the Legislature after receiving
1265    recommendations from the Article V Indigent Services Advisory
1266    Board.
1267          (4)(a) If a defendant is convicted and the death sentence
1268    is imposed, the appointed attorney shall continue representation
1269    through appeal to the Supreme Court. The attorney shall be
1270    compensated as provided in s. 27.5304. If the attorney first
1271    appointed is unable to handle the appeal, the court shall
1272    appoint another attorney and that attorney shall be compensated
1273    as provided in s. 27.5304.
1274          (b) The public defender or an attorney appointed pursuant
1275    to this section may be appointed by the court rendering the
1276    judgment imposing the death penalty to represent an indigent
1277    defendant who has applied for executive clemency as relief from
1278    the execution of the judgment imposing the death penalty.
1279          (c) When the appointed attorney in a capital case has
1280    completed the duties imposed by this section, the attorney shall
1281    file a written report in the trial court stating the duties
1282    performed by the attorney and apply for discharge.
1283          Section 20. Effective July 1, 2004, section 27.5304,
1284    Florida Statutes, is created to read:
1285          27.5304 Private court-appointed counsel; compensation.--
1286          (1) Private court-appointed counsel shall be compensated
1287    by the Justice Administrative Commission in accordance with
1288    standards adopted by the Legislature after receiving
1289    recommendations from the Article V Indigent Services Advisory
1290    Board. However, compensation shall not exceed the maximum fee
1291    limits established by this section. The attorney also shall be
1292    reimbursed for reasonable and necessary expenses in accordance
1293    with s. 29.007. If the attorney is representing a defendant
1294    charged with more than one offense in the same case, the
1295    attorney shall be compensated at the rate provided for the most
1296    serious offense for which he or she represented the defendant.
1297    This section does not allow stacking of the fee limits
1298    established by this section.
1299          (2) Prior to filing a motion for an order approving
1300    payment of attorney's fees, costs, or related expenses, the
1301    private court–appointed counsel shall deliver a copy of the
1302    intended billing, together with supporting affidavits and all
1303    other necessary documentation, to the Justice Administrative
1304    Commission. The Justice Administrative Commission shall review
1305    the billings, affidavit, and documentation for completeness and
1306    compliance with contractual and statutory requirements. If the
1307    Justice Administrative Commission objects to any portion of the
1308    proposed billing, the objection and reasons therefor shall be
1309    communicated to the private court-appointed counsel. The private
1310    court-appointed counsel may thereafter file his or her motion
1311    for order approving payment of attorney's fees, costs, or
1312    related expenses together with supporting affidavits and all
1313    other necessary documentation. The motion must specify whether
1314    the Justice Administrative Commission objects to any portion of
1315    the billing or the sufficiency of documentation and, if so, the
1316    reasons therefor. A copy of the motion and attachments shall be
1317    served on the Justice Administrative Commission. The Justice
1318    Administrative Commission shall have standing to appear before
1319    the court to contest any motion for order approving payment of
1320    attorney's fees, costs, or related expenses. The Justice
1321    Administrative Commission may contract with other public or
1322    private entities or individuals to appear before the court for
1323    the purpose of contesting any motion for order approving payment
1324    of attorney's fees, costs, or related expenses. The fact that
1325    the Justice Administrative Commission has not objected to any
1326    portion of the billing or to the sufficiency of the
1327    documentation is not binding on the court. The court retains
1328    primary authority and responsibility for determining the
1329    reasonableness of all billings for fees, costs, and related
1330    expenses, subject to statutory limitations.
1331          (3) The compensation for representation in a criminal
1332    proceeding shall not exceed the following:
1333          (a)1. For misdemeanors and juveniles represented at the
1334    trial level: $1,000.
1335          2. For noncapital, nonlife felonies represented at the
1336    trial level: $2,500.
1337          3. For life felonies represented at the trial level:
1338    $3,000.
1339          4. For capital cases represented at the trial level:
1340    $3,500.
1341          5. For representation on appeal: $2,000.
1342          (b) If a death sentence is imposed and affirmed on appeal
1343    to the Supreme Court, the appointed attorney shall be allowed
1344    compensation, not to exceed $1,000, for attorney's fees and
1345    costs incurred in representing the defendant as to an
1346    application for executive clemency, with compensation to be paid
1347    out of general revenue from funds budgeted to the Department of
1348    Corrections.
1349          (4) By January 1, 2004, the Article V Indigent Services
1350    Advisory Board shall recommend to the Legislature any
1351    adjustments to existing compensation schedules for criminal
1352    proceedings and any proposed compensation standards for private
1353    attorneys providing representation in civil proceedings in which
1354    private court-appointed counsel is required.
1355          (5) If counsel is entitled to receive compensation for
1356    representation pursuant to court appointment in a termination of
1357    parental rights proceeding under s. 39.0134, such compensation
1358    shall not exceed $1,000 at the trial level and $2,500 at the
1359    appellate level.
1360          (6) A private attorney appointed in lieu of the public
1361    defender to represent an indigent defendant may not reassign or
1362    subcontract the case to another attorney or allow another
1363    attorney to appear at a critical stage of a case who does not
1364    meet standards adopted by the Legislature after any
1365    recommendations from the Article V Indigent Services Advisory
1366    Board.
1367          Section 21. Effective July 1, 2004, section 27.54, Florida
1368    Statutes, is amended to read:
1369          27.54 Limitation on payment ofexpenditures for public
1370    defender's office other than by the state.--
1371          (1) All payments for the salary of the public defender and
1372    the necessary expenses of office, including salaries of
1373    assistants and staff, shall be considered as being for a valid
1374    public purpose. Travel expenses shall be paid in accordance with
1375    the provisions of s. 112.061.
1376          (2) ANo county or municipality may not contract with, or
1377    shall appropriate or contribute funds to,the operation of the
1378    offices of the various public defenders for the purpose of
1379    defending, except that a county or municipality may appropriate
1380    or contribute funds to:
1381          (a) Pay the salary of one assistant public defender whose
1382    sole function shall be to defendindigents charged with
1383    violations of special laws, unless expressly authorized,or with
1384    violations of ordinances of the county or municipality, unless
1385    ancillary to a state prosecution.
1386          (b) Employ legal and support staff to be supervised by the
1387    public defender upon certification by the public defender that
1388    inadequate resources will result in withdrawal from current
1389    cases or inability to accept additional appointments.
1390          (3) The public defenders shall be provided by the counties
1391    within their judicial circuits with such office space,
1392    utilities, telephone services, custodial services, library
1393    services, transportation services, and communication services as
1394    may be necessary for the proper and efficient functioning of
1395    these offices, except as otherwise provided in the General
1396    Appropriations Act. The public defender's offices shall also be
1397    provided with pretrial consultation fees for expert or other
1398    potential witnesses consulted before trial by the public
1399    defender; travel expenses incurred in criminal cases by a public
1400    defender in connection with out-of-jurisdiction depositions;
1401    out-of-state and out-of-jurisdiction travel expenses incurred by
1402    public defenders or by investigators of public defenders while
1403    attempting to locate and interrogate witnesses for the public
1404    defender in the defense of a criminal case; court reporter costs
1405    incurred by the public defender during the course of an
1406    investigation and criminal prosecution, which costs are
1407    certified by the public defender as being useful and necessary
1408    in the preparation of a criminal defense, provided that nothing
1409    herein shall be construed to prohibit the county from contesting
1410    the reasonableness of the expenditure in the court wherein the
1411    criminal case is brought; postindictment and postinformation
1412    deposition costs incurred by the public defender during the
1413    course of a criminal prosecution of an indigent defendant when
1414    such costs are certified by the public defender as being useful
1415    and necessary in the preparation of a criminal defense, provided
1416    that nothing herein shall be construed to prohibit the county
1417    from contesting the reasonableness of the expenditure in the
1418    court wherein the criminal case is brought; and the cost of
1419    copying depositions of defense witnesses taken by the state
1420    attorney when such costs are certified by the public defender as
1421    being useful and necessary in the preparation of a criminal
1422    defense, provided that nothing herein shall be construed to
1423    prohibit the county from contesting the reasonableness of the
1424    expenditure in the court wherein the criminal case is brought.
1425    The office space and utilities to be provided by the counties
1426    shall not be less than the standards for space allotment adopted
1427    by the Department of Management Services. The counties shall not
1428    provide less of these services than were provided in the
1429    previous fiscal year.
1430          (3)(4)No public defender or assistant public defender
1431    shall receive from any county or municipality any supplemental
1432    salary, except as provided in this section.
1433          Section 22. Effective July 1, 2004, section 27.562,
1434    Florida Statutes, is amended to read:
1435          27.562 Disposition of funds.--All funds collected pursuant
1436    to s. 938.29, except the application fee imposed under s. 27.52,
1437    shall be remitted to the Department of Revenue for deposit into
1438    the General Revenue Fundboard of county commissioners of the
1439    county in which the judgment was entered. Such funds shall be
1440    placed in the fine and forfeiture fund of that county to be used
1441    to defray the expenses incurred by the county in defense of
1442    criminal prosecutions. All judgments entered pursuant to this
1443    part shall be in the name of the statecounty in which the
1444    judgment was rendered.
1445          Section 23. Effective July 1, 2004, section 27.58, Florida
1446    Statutes, is amended to read:
1447          27.58 Administration of public defender services.--The
1448    public defender of each judicial circuit of the state shall be
1449    the chief administrator of all public defender services
1450    authorized under s. 27.51 within the circuit whether such
1451    services are rendered by the state or county public defenders.
1452          Section 24. Effective July 1, 2004, paragraph (b) of
1453    subsection (3) of section 27.702, Florida Statutes, is amended
1454    to read:
1455          27.702 Duties of the capital collateral regional counsel;
1456    reports.--
1457          (3)
1458          (b) The court having jurisdiction over any nonindigent or
1459    indigent-but-able-to-contribute defendant who has been receiving
1460    the services of the capital collateral regional counsel may
1461    assess attorney's fees and costs against the defendant at any
1462    stage in the proceedings as the court may deem appropriate. The
1463    determination of indigenceindigency or nonindigencyof any
1464    defendant shall be made by the courtpursuant to s. 27.52.
1465    Liability for the costs of such representation may be imposed in
1466    the form of a lien against the property of the nonindigent or
1467    indigent-but-able-to-contribute defendant, which lien shall be
1468    enforceable as provided in s. 27.561 or s. 938.29.
1469          Section 25. Effective July 1, 2004, subsection (2) of
1470    section 28.101, Florida Statutes, is amended to read:
1471          28.101 Petitions and records of dissolution of marriage;
1472    additional charges.--
1473          (2) Upon receipt of a final judgment of dissolution of
1474    marriage for filing, and in addition to the filing charges in s.
1475    28.241, the clerk mayshallcollect and receive a service charge
1476    of up to $10.50$7pursuant to s. 382.023 for the recording and
1477    reporting of such final judgment of dissolution of marriage to
1478    the Department of Health.
1479          Section 26. Section 43.195, Florida Statutes, is
1480    renumbered as section 28.213, Florida Statutes, and amended to
1481    read:
1482          28.21343.195Disposal of physical evidence filed as
1483    exhibits.--The clerk of any circuit court or county court may
1484    dispose of items of physical evidence which have been held as
1485    exhibits in excess of 3 years in cases on which no appeal, or
1486    collateral attack,is pending or can be made. Items of evidence
1487    having no monetary value which are designated by the clerk for
1488    removal shall be disposed of as unusable refuse. Items of
1489    evidence having a monetary value which are designated for
1490    removal by the clerk shall be sold and the revenue placed in the
1491    clerk's general revenue fund.
1492          Section 27. Effective July 1, 2004, section 28.215,
1493    Florida Statutes, is created to read:
1494          28.215 Pro se assistance.--The clerk of the circuit court
1495    shall provide ministerial assistance to pro se litigants.
1496    Assistance shall not include the provision of legal advice.
1497          Section 28. Effective July 1, 2004, section 28.24, Florida
1498    Statutes, is amended to read:
1499          28.24 Service charges by clerk of the circuit court.--The
1500    clerk of the circuit court may chargeshall make the following
1501    chargesfor services rendered by the clerk's office in recording
1502    documents and instruments and in performing the duties
1503    enumerated in amounts not to exceed those specified in this
1504    section. Notwithstanding any other provision of this section,
1505    the clerk of the circuit court shall provide without charge to
1506    any justice or judge, to any court staff acting on behalf of any
1507    justice or judge, and to any state attorney or public defender
1508    access to and copies of any public records, notwithstanding the
1509    exempt or confidential nature of such public records, as
1510    maintained by and in the custody of the clerk of the circuit
1511    court as provided in general law and the Florida Rules of
1512    Judicial AdministrationHowever, in those counties where the
1513    clerk's office operates as a fiscal unit of the county pursuant
1514    to s. 145.022(1), the clerk shall not charge the county for such
1515    services.
1516         
1517          Charges
1518         
1519          (1) For court attendance by each clerk or deputy clerk,
1520    per day
1521    ......................................................$75.00
1522          (2) For court minutes, per page.......................5.00
1523          (1)(3)For examining, comparing, correcting, verifying,
1524    and certifying transcripts of record in appellate proceedings,
1525    prepared by attorney for appellant or someone else other than
1526    clerk per page.........................................4.503.00
1527          (2)(4)For preparing, numbering, and indexing an original
1528    record of appellate proceedings, per instrument........3.002.00
1529          (3)(5)For certifying copies of any instrument in the
1530    public records.........................................1.501.00
1531          (4)(6)For verifying any instrument presented for
1532    certification prepared by someone other than clerk, per
1533    page...................................................3.002.00
1534          (7) For making and reporting payrolls of jurors to State
1535    Comptroller, per page, per copy.............................5.00
1536          (5)(8)(a) For making copies by photographic process of any
1537    instrument in the public records consisting of pages of not more
1538    than 14 inches by 8 1/2 inches, per page....................1.00
1539          (b) For making copies by photographic process of any
1540    instrument in the public records of more than 14 inches by 8 1/2
1541    inches, per page............................................5.00
1542          (6)(9)For making microfilm copies of any public records:
1543          (a) 16 mm 100' microfilm roll..................37.5025.00
1544          (b) 35 mm 100' microfilm roll..................52.5035.00
1545          (c) Microfiche, per fiche........................3.002.00
1546          (7)(10)For copying any instrument in the public records
1547    by other than photographic process, per page..............6.00
1548    4.00
1549          (8)(11)For writing any paper other than herein
1550    specifically mentioned, same as for copying, including signing
1551          and sealing...........................................6.004.00
1552          (9)(12)For indexing each entry not recorded.........1.00
1553          (10)(13)For receiving money into the registry of court:
1554          (a)1. First $500, percent..............................32
1555          2. Each subsequent $100, percent.....................1.51
1556          (b) Eminent domain actions, per deposit....$150.00$100.00
1557          (11)(14)For examining, certifying, and recording plats
1558    and for recording condominium exhibits larger than 14 inches by
1559    8 1/2 inches:
1560          (a) First page.......................................30.00
1561          (b) Each additional page.............................15.00
1562          (12)(15)For recording, indexing, and filing any
1563    instrument not more than 14 inches by 8 1/2 inches, including
1564    required notice to property appraiser where applicable:
1565          (a) First page or fraction thereof....................5.00
1566          (b) Each additional page or fraction thereof..........4.00
1567          (c) For indexing instruments recorded in the official
1568    records which contain more than four names, per additional
1569    name........................................................1.00
1570          (d) An additional service charge shall be paid to the
1571    clerk of the circuit court to be deposited in the Public Records
1572    Modernization Trust Fund for each instrument listed in s.
1573    28.222, except judgments received from the courts and notices of
1574    lis pendens, recorded in the official records:
1575          1. First page.........................................1.00
1576          2. Each additional page...............................0.50
1577         
1578          Said fund shall be held in trust by the clerk and used
1579    exclusively for equipment and maintenance of equipment,
1580    personnel training, and technical assistance in modernizing the
1581    public records system of the office. In a county where the duty
1582    of maintaining official records exists in an office other than
1583    the office of the clerk of the circuit court, the clerk of the
1584    circuit court is entitled to 25 percent of the moneys deposited
1585    into the trust fund for equipment, maintenance of equipment,
1586    training, and technical assistance in modernizing the system for
1587    storing records in the office of the clerk of the circuit court.
1588    The fund may not be used for the payment of travel expenses,
1589    membership dues, bank charges, staff-recruitment costs, salaries
1590    or benefits of employees, construction costs, general operating
1591    expenses, or other costs not directly related to obtaining and
1592    maintaining equipment for public records systems or for the
1593    purchase of furniture or office supplies and equipment not
1594    related to the storage of records. On or before December 1,
1595    1995, and on or before December 1 of each year immediately
1596    preceding each year during which the trust fund is scheduled for
1597    legislative review under s. 19(f)(2), Art. III of the State
1598    Constitution, each clerk of the circuit court shall file a
1599    report on the Public Records Modernization Trust Fund with the
1600    President of the Senate and the Speaker of the House of
1601    Representatives. The report must itemize each expenditure made
1602    from the trust fund since the last report was filed; each
1603    obligation payable from the trust fund on that date; and the
1604    percentage of funds expended for each of the following:
1605    equipment, maintenance of equipment, personnel training, and
1606    technical assistance. The report must indicate the nature of the
1607    system each clerk uses to store, maintain, and retrieve public
1608    records and the degree to which the system has been upgraded
1609    since the creation of the trust fund.
1610          (13)(16)Oath, administering, attesting, and sealing, not
1611    otherwise provided for herein..........................3.002.00
1612          (14)(17)For validating certificates, any authorized
1613    bonds,
1614    each...................................................3.002.00
1615          (15)(18)For preparing affidavit of domicile..........5.00
1616          (16)(19)For exemplified certificates, including signing
1617    and sealing............................................6.004.00
1618          (17)(20)For authenticated certificates, including signing
1619    and sealing............................................6.004.00
1620          (18)(21)(a) For issuing and filing a subpoena for a
1621    witness, not otherwise provided for herein (includes writing,
1622    preparing, signing, and sealing).......................6.004.00
1623          (b) For signing and sealing only.................1.501.00
1624          (22) For issuing venire facias (includes writing,
1625    preparing, signing, and sealing)............................5.00
1626          (23) For paying of witnesses and making and reporting
1627    payroll to State Comptroller, per copy, per page............5.00
1628          (19)(24) For approving bond......................7.505.00
1629          (20)(25)For searching of records, for each year's
1630          search................................................1.501.00
1631          (21)(26)For processing an application for a tax deed sale
1632    (includes application, sale, issuance, and preparation of tax
1633    deed, and disbursement of proceeds of sale), other than excess
1634    proceeds...................................................60.00
1635          (22)(27)For disbursement of excess proceeds of tax deed
1636    sale, first $100 or fraction thereof.......................10.00
1637          (23)(28)Upon receipt of an application for a marriage
1638    license, for preparing and administering of oath; issuing,
1639    sealing, and recording of the marriage license; and providing a
1640    certified copy.......................................30.0020.00
1641          (24)(29) For solemnizing matrimony.............30.0020.00
1642          (25)(30)For sealing any court file or expungement of any
1643    record...............................................37.5025.00
1644          (26)(31)For receiving and disbursing all restitution
1645    payments, per payment..................................3.002.00
1646          (27)(32)Postal charges incurred by the clerk of the
1647    circuit court in any mailing by certified or registered mail
1648    shall be paid by the party at whose instance the mailing is
1649    made.
1650          (28)(33)For furnishing an electronic copy of information
1651    contained in a computer database: a fee as provided for in
1652    chapter 119.
1653          Section 29. Effective July 1, 2004, section 28.2401,
1654    Florida Statutes, is amended to read:
1655          28.2401 Service charges in probate matters.--
1656          (1) Except when otherwise provided, the clerk may impose
1657    service charges for the following services, not to exceed the
1658    following amountsshall be:
1659          (a) For the opening of any estate of one document or more,
1660    including, but not limited to, petitions and orders to approve
1661    settlement of minor's claims; to open a safe-deposit box; to
1662    enter rooms and places; for the determination of heirs, if not
1663    formal administration; and for a foreign guardian to manage
1664    property of a nonresident; but not to include issuance of
1665    letters or order of summary and family
1666    administration........$100$20.00
1667          (b) Caveat.......................................$3515.00
1668          (c) Petition and order to admit foreign wills,
1669    authenticated copies, exemplified copies, or transcript to
1670    record................................................$10030.00
1671          (d) For disposition of personal property without
1672    administration........................................$10020.00
1673          (e) Summary administration -- estates valued at $1,000 or
1674    more..................................................$20035.00
1675          (f) SummaryFamily administration -- estates valued at
1676    less than $1,000...........................................$100
1677    45.00
1678          (g) Formal administration, guardianship, ancillary,
1679    curatorship, or conservatorship proceedings...........$25075.00
1680          (h) Guardianship proceedings of person
1681    only..................................................$10025.00
1682          (i) Veterans' guardianship pursuant to chapter
1683    744...................................................$10025.00
1684          (j) Exemplified certificates.......................$64.00
1685          (k) Petition for determination of
1686    incompetency.......................................$100.0025.00
1687          (2) Upon application by the clerk and a showing of
1688    extraordinary circumstances, the service charges set forth in
1689    this section may be increased in an individual matter by order
1690    of the circuit court before which the matter is pending, to more
1691    adequately compensate for the services performed.
1692          (3) Service charges in excess of those fixed in this
1693    section may be imposed by the governing authority of the county
1694    by ordinance, or by special or local law, to provide and
1695    maintain facilities, including a law library; to or local law,
1696    to provide and maintain facilities, including a law library; to
1697    provide and maintain equipment; or to provide or maintain a
1698    legal aid program. Service charges other than those fixed in
1699    this section shall be governed by s. 28.24.An additional
1700    service charge of $2.50 on petitions seeking summary
1701    administration, family administration,formal administration,
1702    ancillary administration, guardianship, curatorship, and
1703    conservatorship shall be paid to the clerk. The clerk shall
1704    transfer the $2.50 to the Department of Revenue for deposit into
1705    the Court Education Trust Fund. No additional fees, charges, or
1706    costs shall be added to the service charges imposed under this
1707    section, except as authorized by general law.
1708          (4) Recording shall be required for all petitions opening
1709    and closing an estate; petitions regarding real estate; and
1710    orders, letters, bonds, oaths, wills, proofs of wills, returns,
1711    and such other papers as the judge shall deem advisable to
1712    record or that shall be required to be recorded under the
1713    Florida Probate Law.
1714          Section 30. Effective July 1, 2004, section 28.2402,
1715    Florida Statutes, is created to read:
1716          28.2402 Additional costs for performance of clerk court-
1717    related functions.--The sum of $200 shall be assessed to a
1718    county or municipality when filing a county or municipal code or
1719    ordinance violation in court. The $200 fee shall be paid to the
1720    clerk of the circuit and county court for performing court-
1721    related functions.
1722          Section 31. Subsection (1) of section 28.241, Florida
1723    Statutes, is amended to read:
1724          28.241 Filing charges for trial and appellate
1725    proceedings.--
1726          (1)(a)The party instituting any civil action, suit, or
1727    proceeding in the circuit court shall pay to the clerk of that
1728    court a service charge of $40 in all cases in which there are
1729    not more than five defendants and an additional service charge
1730    of $2 for each defendant in excess of five. An additional
1731    service charge of $10 shall be paid by the party seeking each
1732    severance that is granted. An additional service charge of $35
1733    shall be paid to the clerk for all proceedings of garnishment,
1734    attachment, replevin, and distress. An additional service charge
1735    of $8 shall be paid to the clerk for each civil action filed, $7
1736    of such charge to be remitted by the clerk to the Department of
1737    Revenue for deposit into the General Revenue Fund unallocated.
1738    An additional charge of $2.50 shall be paid to the clerk for
1739    each civil action brought in circuit or county court, to be
1740    remitted by the clerk to the Department of Revenue for deposit
1741    into the Court Education Trust Fund. Service charges in excess
1742    of those herein fixed may be imposed by the governing authority
1743    of the county by ordinance or by special or local law; and such
1744    excess shall be expended as provided by such ordinance or any
1745    special or local law, now or hereafter in force, to provide and
1746    maintain facilities, including a law library, for the use of the
1747    courts of the county wherein the service charges are collected;
1748    to provide and maintain equipment; or for a legal aid program in
1749    such county. In addition, the county is authorized to impose, by
1750    ordinance or by special or local law, a fee of up to $15 for
1751    each civil action filed, for the establishment, maintenance, or
1752    supplementation of a public guardian pursuant to ss. 744.701-
1753    744.708, inclusive. Postal charges incurred by the clerk of the
1754    circuit court in making service by certified or registered mail
1755    on defendants or other parties shall be paid by the party at
1756    whose instance service is made. That part of the within fixed or
1757    allowable service charges which is not by local or special law
1758    applied to the special purposes shall constitute the total
1759    service charges of the clerk of such court for all services
1760    performed by him or her in civil actions, suits, or proceedings.
1761    The sum of all service charges and fees permitted under this
1762    subsection may not exceed $200; however, the $200 cap may be
1763    increased to $210 in order to provide for the establishment,
1764    maintenance, or supplementation of a public guardian as
1765    indicated in this subsection.
1766          (b) A party reopening any civil action, suit, or
1767    proceeding in the circuit court shall pay to the clerk of that
1768    court a filing fee of $50. Of fees collected for any civil
1769    action, suit, or proceeding reopened in the circuit court
1770    between July 1, 2003, and June 30, 2004, the clerk shall remit
1771    $49 of each $50 collected to the Department of Revenue for
1772    deposit into the Department of Revenue Clerks of the Court Trust
1773    Fund and shall retain the remaining $1 for administrative costs.
1774    In the case of a petition for modification of a final judgment
1775    of dissolution, the amount of the fee paid pursuant to s. 44.108
1776    shall be deducted from the portion of the fee required in this
1777    paragraph which is not retained by the clerk. For purposes of
1778    this section, a case is reopened when a case previously reported
1779    as disposed of is resubmitted to a court.
1780          Section 32. Effective July 1, 2004, section 28.241,
1781    Florida Statutes, as amended by this act, is amended to read:
1782          28.241 Filing feeschargesfor trial and appellate
1783    proceedings.--
1784          (1)(a) The party instituting any civil action, suit, or
1785    proceeding in the circuit court shall pay to the clerk of that
1786    court a filing feea service charge of up to $250$40in all
1787    cases in which there are not more than five defendants and an
1788    additional filing feeservice charge of up to$2 for each
1789    defendant in excess of five. Of the first $57.50 in filing fees,
1790    $50 must be remitted by the clerk to the Department of Revenue
1791    for deposit into the General Revenue Fund; $5 must be remitted
1792    to the Clerk of Court Operations Conference; and $2.50 shall be
1793    paid to the clerk for each civil action brought in circuit or
1794    county court, to be remitted by the clerk to the Department of
1795    Revenue for deposit into the Court Education Trust Fund. One-
1796    third of any filing fees collected by the clerk of the circuit
1797    court in excess of $57.50 shall be remitted to the Department of
1798    Revenue for deposit into the Department of Revenue Clerks of the
1799    Court Trust Fund. An additional filing feeservice charge of up
1800    to $15$10shall be paid by the party seeking each severance
1801    that is granted. The clerk may impose an additional filing fee
1802    service charge of up to $75$35 shall be paid to the clerkfor
1803    all proceedings of garnishment, attachment, replevin, and
1804    distress. An additional service charge of $8 shall be paid to
1805    the clerk for each civil action filed, $7 of such charge to be
1806    remitted by the clerk to the Department of Revenue for deposit
1807    into the General Revenue Fund unallocated. An additional charge
1808    of $2.50 shall be paid to the clerk for each civil action
1809    brought in circuit or county court, to be remitted by the clerk
1810    to the Department of Revenue for deposit into the Court
1811    Education Trust Fund. Service charges in excess of those herein
1812    fixed may be imposed by the governing authority of the county by
1813    ordinance or by special or local law; and such excess shall be
1814    expended as provided by such ordinance or any special or local
1815    law, now or hereafter in force, to provide and maintain
1816    facilities, including a law library, for the use of the courts
1817    of the county wherein the service charges are collected; to
1818    provide and maintain equipment; or for a legal aid program in
1819    such county. In addition, the county is authorized to impose, by
1820    ordinance or by special or local law, a fee of up to $15 for
1821    each civil action filed, for the establishment, maintenance, or
1822    supplementation of a public guardian pursuant to ss. 744.701-
1823    744.708, inclusive.Postal charges incurred by the clerk of the
1824    circuit court in making service by certified or registered mail
1825    on defendants or other parties shall be paid by the party at
1826    whose instance service is made. No additional fees, charges, or
1827    costs shall be added to the filing fees imposed under this
1828    section, except as authorized by general law.That part of the
1829    within fixed or allowable service charges which is not by local
1830    or special law applied to the special purposes shall constitute
1831    the total service charges of the clerk of such court for all
1832    services performed by him or her in civil actions, suits, or
1833    proceedings. The sum of all service charges and fees permitted
1834    under this subsection may not exceed $200; however, the $200 cap
1835    may be increased to $210 in order to provide for the
1836    establishment, maintenance, or supplementation of a public
1837    guardian as indicated in this subsection.
1838          (b) A party reopening any civil action, suit, or
1839    proceeding in the circuit court shall pay to the clerk of that
1840    court a filing fee set by the clerk in an amount not to exceed
1841    of $50. Of fees collected for any civil action, suit, or
1842    proceeding reopened in the circuit court between July 1, 2003,
1843    and June 30, 2004, the clerk shall remit $49 of each $50
1844    collected to the Department of Revenue for deposit into the
1845    Department of Revenue Clerks of the Court Trust Fund and shall
1846    retain the remaining $1 for administrative costs. In the case of
1847    a petition for modification of a final judgment of dissolution,
1848    the amount of the fee paid pursuant to s. 44.108 shall be
1849    deducted from the portion of the fee required in this paragraph
1850    which is not retained by the clerk.For purposes of this
1851    section, a case is reopened when a case previously reported as
1852    disposed of is resubmitted to a court and includes petitions for
1853    modification of a final judgment of dissolution.
1854          (2) The clerk of the circuit court of any county in the
1855    state who operates his or her office from fees and service
1856    charges collected, as opposed to budgeted allocations from
1857    county general revenue, shall be paid by the county as service
1858    charges for all services to be performed by him or her in any
1859    criminal or juvenile action or proceeding in such court, in lieu
1860    of all other service charges heretofore charged, except as
1861    hereinafter provided, the sum of $40 for each defendant or
1862    juvenile. However, in cases involving capital punishment the
1863    charge shall be $50. In any county where a law creates a law
1864    library fund or other special fund, this charge may be increased
1865    for that purpose by a special or local law or an ordinance. The
1866    sum of all service charges and fees permitted under this
1867    subsection may not exceed $200.
1868          (2)(3)Upon the institution of any appellate proceeding
1869    from any inferior court to the circuit court of any such county
1870    or from the circuit court to an appellate court of the state,
1871    the clerk shall charge and collect from the party or parties
1872    instituting such appellate proceedings a service charge of up to
1873    $250$75 for filing a notice of appeal from an inferior court or
1874    and $50for filing a notice of appeal to a higher court.
1875          (3)(4) A filingservice charge or afee may not be imposed
1876    upon a party for responding by pleading, motion, or other paper
1877    to a civil or criminal action, suit, proceeding, or appeal in a
1878    circuit court.
1879          (4)(5)The fees prescribed in this section do not include
1880    the service charges required by law for the clerk as provided in
1881    s. 28.24 or by other sections of the Florida Statutes. Filing
1882    feesService chargesauthorized by this section may not be added
1883    to any civil penalty imposed by chapter 316 or chapter 318.
1884          Section 33. Effective July 1, 2004, section 28.245,
1885    Florida Statutes, is amended to read:
1886          28.245 Transmittal of funds to Department of Revenue;
1887    uniform remittance form required.--Notwithstanding any other
1888    provision of law, all moneys collected by the clerks of the
1889    court for subsequent distribution must be transmitted
1890    electronically to a state agency or to the Supreme Court must be
1891    transmitted tothe Department of Revenue for appropriate
1892    distribution. A uniform remittance form provided by the
1893    Department of Revenue detailing the specific amounts due each
1894    fund must accompany such submittal.
1895          Section 34. Section 28.246, Florida Statutes, is created
1896    to read:
1897          28.246 Payment of court-related fees, charges, and costs;
1898    partial payments; distribution of funds.--
1899          (1) Beginning July 1, 2003, the clerk of the circuit court
1900    shall report the following information to the Legislature and
1901    the Clerk of Court Operations Conference on a form developed by
1902    the Department of Financial Services:
1903          (a) The total amount of mandatory fees, services charges,
1904    and costs; the total amount actually assessed; the total amount
1905    discharged or waived; and the total amount collected.
1906          (b) The maximum amount of discretionary fees, service
1907    charges, and costs authorized; the total amount actually
1908    assessed; the total amount discharged or waived; and the total
1909    amount collected.
1910          (c) The total amount of mandatory fines and other monetary
1911    penalties; the total amount assessed; the total amount
1912    discharged or waived; and the total amount collected.
1913          (d) The maximum amount of discretionary fines and other
1914    monetary penalties; the total amount assessed; the total amount
1915    discharged or waived; and the total amount collected.
1916         
1917          The clerk shall submit the report on a quarterly basis 30 days
1918    after the end of the quarter for the period from July 1, 2003
1919    through June 30, 2004, and on an annual basis thereafter, 60
1920    days after the end of the county fiscal year.
1921          (2) The clerk of the circuit court shall establish and
1922    maintain a system of accounts receivable for court-related fees,
1923    charges, and costs.
1924          (3) Court costs, fines, and other dispositional
1925    assessments shall be enforced by the courts, collected by the
1926    clerks of the circuit and county courts, and disbursed in
1927    accordance with authorizations and procedures as established by
1928    general law. Each clerk of the circuit court shall enter into a
1929    payment plan with defendants determined to be indigent and
1930    demonstrating an inability to pay court-related fees, charges,
1931    and costs in full.
1932          (4) The clerk of the circuit court shall accept partial
1933    payments for unpaid court-related fees, charges, and costs in
1934    accordance with the terms of an established payment plan.
1935          (5) When receiving partial payment of fees, service
1936    charges, court costs, and fines, clerks shall distribute funds
1937    according to the following order of priority:
1938          (a) That portion of fees, services charges, court costs,
1939    and fines payable to the clerk for the operations of the clerk
1940    and to be remitted to the state for deposit into the General
1941    Revenue Fund.
1942          (b) That portion of fees, service charges, court costs,
1943    and fines payable to state trust funds, allocated on a pro rata
1944    basis among the various authorized funds if the total collection
1945    amount is insufficient to fully fund all such funds as provided
1946    by law.
1947          (c) That portion of fees, service charges, court costs,
1948    and fines payable to counties, municipalities, or other local
1949    entities, allocated on a pro rata basis among the various
1950    authorized recipients if the total collection amount is
1951    insufficient to fully fund all such recipients as provided by
1952    law.
1953         
1954          To offset processing costs, clerks may retain up to 1 percent of
1955    all collections of fees, service charges, court costs, and fines
1956    payable to other entities, except where otherwise provided in
1957    general law.
1958          (6) A clerk of court may pursue the collection of any
1959    fees, fines, court costs, or other costs imposed by the court
1960    which remain unpaid for 90 days or more, or refer such
1961    collection to a private attorney who is a member in good
1962    standing of The Florida Bar or collection agent who is
1963    registered and in good standing pursuant to chapter 559. In
1964    pursuing the collection of such unpaid financial obligations
1965    through a private attorney or collection agent, the clerk of the
1966    court must determine this is cost effective and follow
1967    applicable procurement practices.
1968          Section 35. Section 28.345, Florida Statutes, is created
1969    to read:
1970          28.345 Exemption from fees and charges.--Notwithstanding
1971    any other provision of this chapter or law to the contrary,
1972    state attorneys and public defenders are exempt from all fees
1973    and charges assessed by the clerks of the circuit courts.
1974          Section 36. Section 28.35, Florida Statutes, is created to
1975    read:
1976          28.35 Clerk of Court Operations Conference.--
1977          (1) The Clerk of Court Operations Conference is created
1978    and shall be composed of:
1979          (a) Eight clerks elected by the clerks of the courts for a
1980    term of 2 years, with two clerks from counties of fewer than
1981    100,000 residents, two clerks from counties of at least 100,000
1982    residents but fewer than 500,000 residents, two clerks from
1983    counties of at least 500,000 residents but fewer than 1 million
1984    residents, and two clerks from counties of more than 1 million
1985    residents.
1986          (b) The Chief Justice of the Supreme Court or his or her
1987    designee.
1988          (2) The duties of the conference shall include:
1989          (a) Periodically recommending to the Legislature changes
1990    in the various court-related fines, fees, service charges, and
1991    cost schedules established by law to ensure reasonable and
1992    adequate funding of the clerks of the court in the performance
1993    of their court-related functions.
1994          (b) Establishing a process for the review and approval of
1995    court-related proposed budgets submitted by clerks of the court
1996    pursuant to s. 28.36.
1997          (c) Certifying to the Legislature, the Governor, the Chief
1998    Financial Officer, and the Department of Revenue which clerks of
1999    court will have court-related revenues insufficient to fund the
2000    anticipated court-related functions of their offices and the
2001    actions taken to resolve any deficits pursuant to s. 28.36.
2002          (d) Developing and approving a system of performance
2003    accountability measurements and performance standards for each
2004    clerk of the court. These measures must assess the fiscal
2005    management, efficient operations, and effective collection of
2006    fines, fees, service charges, and costs using data reported in
2007    28.246 as well as other data.
2008          (e) Publishing a schedule of maximum fines, fees, service
2009    charges, and costs that may be charged by a clerk of the court
2010    for court-related functions pursuant to general law that
2011    reflects any adjustments based on changes in the Consumer Price
2012    Index. Effective July 1, 2004, the schedule shall reflect the
2013    maximum fines, fees, service charges, and costs established by
2014    general law. The schedule may be adjusted on or after October 1,
2015    2005, and no more frequently than annually thereafter, by the
2016    average percentage change in the Consumer Price Index issued by
2017    the United States Department of Labor since the last adjustment
2018    by the conference. Any adjustment to the schedule authorized in
2019    this paragraph must be affirmatively approved by a majority of
2020    the clerks of the circuit courts before such adjustments may
2021    take effect.
2022          (3) The Clerk of Court Operations Conference shall
2023    maintain a public depository to receive funds for its
2024    operations. The Clerk of Court Operations Conference shall
2025    receive a portion of the fees collected by the clerk for filing
2026    a civil action in circuit court as specified in s. 28.241. These
2027    funds shall be available to the conference for the performance
2028    of the duties and responsibilities as set forth in this section.
2029    The conference may hire staff and pay for other expenses from
2030    this fund only as necessary to perform the official duties and
2031    responsibilities of the conference as described in this section.
2032          (4) The Clerk of Court Operations Conference shall submit
2033    an annual audited financial statement to the Auditor General in
2034    a form and manner prescribed by the Auditor General. The Auditor
2035    General shall conduct an annual audit of the operations of the
2036    conference, including the use of funds and compliance with the
2037    provisions of this section and ss. 28.36 and 28.37.
2038          Section 37. Section 28.36, Florida Statutes, is created to
2039    read:
2040          28.36 Budget review and approval procedure.--There is
2041    established a budget procedure for the court-related functions
2042    of the clerks of the court.
2043          (1) For the period July 1, 2004, through September 30,
2044    2004, and for each county fiscal year ending September 30
2045    thereafter, each clerk of the court shall prepare a budget
2046    relating solely to the performance of the court-related
2047    functions.
2048          (2) Each proposed budget shall conform to the following
2049    requirements:
2050          (a) On May 1, 2004, for the fiscal period of July 1, 2004,
2051    through September 30, 2004, and on or before August 1 for each
2052    fiscal year thereafter, the proposed budget shall be prepared,
2053    summarized, and submitted by the clerk in each county to the
2054    Clerk of Court Operations Conference in the manner and form
2055    prescribed by the conference. The proposed budget must provide
2056    detailed information on the anticipated revenues available and
2057    expenditures necessary for the performance of the court-related
2058    functions of the clerk's office for the county fiscal year
2059    beginning the following October 1.
2060          (b) The proposed budget must be balanced, such that the
2061    total of the estimated revenues available must equal or exceed
2062    the total of the anticipated expenditures. These revenues
2063    include the following: cash balances brought forward from the
2064    prior fiscal period; supplemental revenue that may be requested
2065    pursuant to subsection (3); and the contingency reserve
2066    authorized in paragraph (c). The anticipated expenditures must
2067    be itemized as required by the Clerk of Court Operations
2068    Conference.
2069          (c) The proposed budget may include a contingency reserve
2070    not to exceed 10 percent of the total budget.
2071          (3) If a clerk of the court estimates that available
2072    revenues are insufficient to meet the anticipated expenditures
2073    for the court-related functions performed by his or her office,
2074    the clerk must report the budget deficit to the Clerk of Court
2075    Operations Conference in the manner and form prescribed by the
2076    conference. The conference shall determine whether the clerk is
2077    meeting his or her performance standards for the current year
2078    relating to fiscal management, efficient operations, and the
2079    effective collection of fines, fees, service charges, and costs.
2080          (a) If the conference determines that a clerk is meeting
2081    his or her performance standards for fiscal management;
2082    efficient operations; and effective collection of fines, fees,
2083    service charges, and costs; and a deficit is projected, that
2084    clerk shall increase all fines, fees, service charges, and costs
2085    to the maximum amounts specified by law or the amount necessary
2086    to resolve the deficit, whichever is less. If, after increasing
2087    such fines, fees, service charges, and costs, a budget deficit
2088    is still projected, the conference shall certify a deficit and
2089    notify the Department of Revenue that that clerk is authorized
2090    to retain revenues, in an amount necessary to fully fund the
2091    projected deficit, which he or she would otherwise be required
2092    to remit to the Department of Revenue for deposit into the
2093    Department of Revenue Clerks of the Court Trust Fund pursuant to
2094    s. 28.37. If a budget deficit is projected after retaining all
2095    of the collections from court-related fines, fees, service
2096    charges, and costs, the conference shall certify the deficit
2097    amount to the Chief Financial Officer. An amount equal to the
2098    deficit is hereby appropriated each year from the Department of
2099    Revenue Clerks of the Court Trust Fund, without further
2100    legislative action, period after period, until altered or
2101    revoked by the Legislature. The Department of Revenue is
2102    directed to make a monthly distribution of equal amounts to each
2103    clerk certified to have a deficit until the Clerk of Court
2104    Operations Conference certifies a different amount to be
2105    distributed.
2106          (b) The Clerk of Court Operations Conference shall notify
2107    the Governor, the President of the Senate, and the Speaker of
2108    the House of Representatives prior to taking actions specified
2109    in this subsection. The notification shall include a
2110    certification by the conference that all of the conditions in
2111    this subsection have been met.
2112          (4) The Clerk of Court Operations Conference must approve
2113    the court-related budget for each clerk in the state, and shall
2114    certify to the Legislature by October 15 of each year, the
2115    proposed budget amount approved for each clerk's budget; the
2116    revenue projection supporting each clerk's budget; each clerk
2117    who must retain some or all of the state's share of fines, fees,
2118    service charges, and costs; the amount to be paid from the
2119    Department of Revenue Clerks of the Court Trust Fund to each
2120    clerk; and the performance measures and standards approved by
2121    the conference for each clerk.
2122          (5)(a) For the county fiscal year October 1, 2004, through
2123    September 30, 2005, the maximum annual budget amount that may be
2124    authorized by the Clerk of Court Operations Conference for each
2125    clerk may not exceed 103 percent of the clerk's actual
2126    expenditures for the prior county fiscal year for court-related
2127    functions that are required by law effective July 1, 2004. The
2128    conference shall use the clerk's actual expenditures for the
2129    prior county fiscal year for court-related functions as reported
2130    by the Chief Financial Officer based on the county financial
2131    reporting required under s. 218.32.
2132          (b) For the county fiscal year 2005-2006, the maximum
2133    budget amount that may be authorized by the conference for each
2134    clerk budget shall be the approved budget for county fiscal year
2135    2004-2005 adjusted by the projected percentage change in revenue
2136    between the county fiscal years 2004-2005 and 2005-2006.
2137          (c) For the county fiscal years 2006-2007 and thereafter,
2138    the maximum budget amount that may be authorized by the
2139    conference for each clerk shall be established by first rebasing
2140    the prior fiscal year budget to reflect the actual percentage
2141    change in the prior fiscal year revenue and then adjusting the
2142    rebased prior fiscal year budget by the projected percentage
2143    change in revenue for the proposed budget year. The rebasing
2144    calculations and maximum annual budget calculations shall be as
2145    follows:
2146          1. For county fiscal year 2006-2007, the approved budget
2147    for county fiscal year 2004-2005 shall be adjusted for the
2148    actual percentage change in revenue between the two 12-month
2149    periods ending June 30, 2005, and June 30, 2006. This result is
2150    the rebased budget for the county fiscal year 2005-2006. Then
2151    the rebased budget for the county fiscal year 2005-2006 shall be
2152    adjusted by the projected percentage change in revenue between
2153    the county fiscal years 2005-2006 and 2006-2007. This result
2154    shall be the maximum annual budget amount that may be authorized
2155    by the conference for each clerk for the county fiscal year
2156    2006-2007.
2157          2. For county fiscal year 2007-2008, the rebased budget
2158    for county fiscal year 2005-2006 shall be adjusted for the
2159    actual percentage change in revenue between the two 12-month
2160    periods ending June 30, 2006, and June 30, 2007. This result is
2161    the rebased budget for the county fiscal year 2006-2007. The
2162    rebased budget for county fiscal year 2006-2007 shall be
2163    adjusted by the projected percentage change in revenue between
2164    the county fiscal years 2006-2007 and 2007-2008. This result
2165    shall be the maximum annual budget amount that may be authorized
2166    by the conference for each clerk budget for county fiscal year
2167    2007-2008.
2168          3. For county fiscal years 2008-2009 and thereafter, the
2169    maximum budget amount that may be authorized by the conference
2170    for each clerk budget shall be calculated as the rebased budget
2171    for the prior county fiscal year adjusted by the projected
2172    percentage change in revenues between the prior county fiscal
2173    year and the county fiscal year for which the maximum budget
2174    amount is being authorized. The rebased budget for the prior
2175    county fiscal year shall always be calculated by adjusting the
2176    rebased budget for the year preceding the prior county fiscal
2177    year by the actual percentage change in revenues between the 12-
2178    month period ending June 30 of the year preceding the prior
2179    county fiscal year and the 12-month period ending June 30 of the
2180    prior county fiscal year.
2181          (6) The Clerk of Court Operations Conference may submit
2182    proposed legislation to the Governor, the President of the
2183    Senate, and the Speaker of the House of Representatives no later
2184    than November 1 in any year for approval of clerk budget request
2185    amounts exceeding the restrictions in this section for the
2186    following October 1. If proposed legislation is recommended, the
2187    conference shall also submit supporting justification with
2188    sufficient detail to identify the specific proposed expenditures
2189    that would cause the limitations to be exceeded for each
2190    affected clerk and the estimated fiscal impact on state
2191    revenues.
2192          Section 38. Section 28.37, Florida Statutes, is created to
2193    read:
2194          28.37 Fines, fees, service charges, and costs remitted to
2195    the state.--
2196          (1) Pursuant to s. 14(b), Art. V of the State
2197    Constitution, selected salaries, costs, and expenses of the
2198    state courts system and court-related functions shall be funded
2199    from a portion of the revenues derived from statutory fines,
2200    fees, service charges, and costs collected by the clerks of the
2201    court.
2202          (2) Beginning August 1, 2004, except as otherwise provided
2203    in ss. 28.241 and 34.041, one-third of all fines, fees, service
2204    charges, and costs collected by the clerks of the court during
2205    the prior month for the performance of court-related functions
2206    shall be remitted to the Department of Revenue for deposit in
2207    the Department of Revenue Clerks of the Court Trust Fund. These
2208    collections do not include funding received for the operation of
2209    the Title IV-D child support collections and disbursement
2210    program. The clerk of the court shall remit the revenues
2211    collected during the prior month due to the state on or before
2212    the 5th day of each month. The Department of Revenue shall make
2213    a monthly transfer of the funds in the Department of Revenue
2214    Clerks of the Court Trust Fund that are not needed to resolve
2215    clerk of the court budget deficits, as specified in s. 28.36, to
2216    the General Revenue Fund.
2217          (3) Beginning January 1, 2005, for the period July 1,
2218    2004, through September 30, 2004, and each January 1 thereafter
2219    for the preceding county fiscal year of October 1 through
2220    September 30, the clerk of the court must remit to the
2221    Department of Revenue for deposit in the General Revenue Fund
2222    the cumulative excess of all statutory fines, fees, service
2223    charges, and costs collected for the clerk's court-related
2224    functions over the amount needed to meet the approved budget
2225    amounts established under s. 28.36.
2226          (4) The Department of Revenue shall adopt rules governing
2227    the remittance of the funds to be transferred to the General
2228    Revenue Fund under this section, the required forms and
2229    procedures, and penalties for failure to comply. The department
2230    shall collect any funds that the Clerk of Court Operations
2231    Conference determines upon investigation were due on January 1
2232    but not remitted to the department.
2233          Section 39. Effective July 1, 2004, section 29.001,
2234    Florida Statutes, is amended to read:
2235          29.001 Intent; State courts system essentialelements and
2236    definitions; funding through filing fees, service charges, and
2237    costs; county responsibilities.--
2238          (1) It is the intent of the Legislature that,For the
2239    purpose of implementing s. 14, Art. V of the State Constitution,
2240    the state courts system isbe defined to include the enumerated
2241    essentialelements of the Supreme Court, district courts of
2242    appeal, circuit courts, county courts, and certainessential
2243    supports thereto. Similarly,The offices of public defenders
2244    and state attorneys shall include those essential elements as
2245    determined by general law. Further, the state attorneys' offices
2246    are defined to include the enumeratedessentialelements of the
2247    20 state attorneys' offices and the enumeratedpublic defenders'
2248    offices are defined to include the essentialelements of the 20
2249    public defenders' offices. Court-appointed counsel are defined
2250    to include the enumerated elements forascounsel appointed to
2251    ensure due process in criminal and civil proceedings in
2252    accordance with state and federal constitutional guarantees.
2253    Funding for the state courts system, the state attorneys'
2254    offices, the public defenders' offices, and court-appointed
2255    counsel shall be provided from state revenues appropriated by
2256    general law.
2257          (2) All funding for the court-related functions of the
2258    offices of the clerks of the circuit and county courts shall be
2259    provided by adequate and appropriate filing fees for judicial
2260    proceedings and service charges and costs for performing court-
2261    related functions.
2262          (3) Pursuant to general law, Counties shall be required to
2263    fund the cost of communications services, existing radio
2264    systems, existing multiagency criminal justice information
2265    systems, and the cost of construction or lease, maintenance,
2266    utilities, and security of facilities for the circuit courts and
2267    county courts, public defenders' offices, state attorneys'
2268    offices, and the offices of the clerks of the circuit and county
2269    courts, as defined by general law. In addition, the counties
2270    will continue to fund existing elements of the state courts
2271    system, state attorneys' offices, public defenders' offices,
2272    court-appointed counsel, and the offices of the clerks of the
2273    circuit and county courts performing court-related functions,
2274    consistent with current law and practice, until such time as the
2275    Legislature expressly assumes the responsibility for funding
2276    those elements. Counties will fund the cost of criminal cases
2277    filed by the Office of Statewide Prosecution. Additionally, the
2278    Legislature will define by general law those local requirements
2279    of the state courts system for which the counties must pay
2280    reasonable and necessary salaries, costs, and expenses.
2281          (2)(4)Although a program or function currently may be
2282    funded by the state or prescribed or established in general law,
2283    this does not designate the program or function as an essential
2284    element of the state courts system, state attorneys' offices,
2285    public defenders' offices, or the offices of the circuit and
2286    county court clerks performing court-related functions as
2287    described in s. 14, Art. V of the State Constitution.
2288          Section 40. Effective July 1, 2004, section 29.004,
2289    Florida Statutes, is amended to read:
2290          29.004 State courts system.--For purposes of implementing
2291    s. 14, Art. V of the State Constitution, the essentialelements
2292    of the state courts system to be provided from state revenues
2293    appropriated by general laware as follows:
2294          (1) Judges appointed or elected pursuant to chapters 25,
2295    26, 34, and 35, and essential staff, expenses, and costs as
2296    determined by general law.
2297          (2) Juror compensation and expenses and reasonable juror
2298    accommodations when necessary.
2299          (3) Reasonable court reporting and transcriptionservices
2300    necessary to meet constitutional requirements.
2301          (4) Auxiliary aids and services for qualified individuals
2302    with a disability which are necessary to ensure access to the
2303    courts. Such auxiliary aids and services include, but are not
2304    limited to, sign-language interpreters, translators, real-time
2305    transcription services for individuals who are hearing impaired,
2306    and assistive listening devices. This section does not include
2307    physical modifications to court facilities; noncourtroom
2308    communication services; or other accommodations, auxiliary aids,
2309    or services for which the counties are responsible pursuant to
2310    s. 14, Art. V of the State Constitution.
2311          (4)(5)Construction or lease of facilities, maintenance,
2312    utilities, and security for the district courts of appeal and
2313    the Supreme Court.
2314          (5)(6)Court foreign language and sign-language
2315    interpreters and translators essential to comply with
2316    constitutional requirements.
2317          (6) Expert witnesses not requested by any party which are
2318    appointed by the court pursuant to an express grant of statutory
2319    authority.
2320          (7) Judicial assistants, law clerks, and resource
2321    materials.
2322          (8) Masters and hearing officers.
2323          (9) Court administration.
2324          (10) Case management. Case management includes:
2325          (a) Initial review and evaluation of cases, including
2326    assignment of cases to court divisions or dockets.
2327          (b) Case monitoring, tracking, and coordination.
2328          (c) Scheduling of judicial events.
2329          (d) Service referral, coordination, monitoring, and
2330    tracking for treatment-based drug court programs under s.
2331    397.334.
2332         
2333          Case management may not include costs associated with the
2334    application of therapeutic jurisprudence principles by the
2335    courts. Case management also may not include case intake and
2336    records management conducted by the clerk of court.
2337          (11) Mediation and arbitration, limited to trial court
2338    referral of a pending judicial case to a mediator or a court-
2339    related mediation program, or to an arbitrator or a court
2340    related arbitration program, for the limited purpose of
2341    encouraging and assisting the litigants in partially or
2342    completely settling the case prior to adjudication on the merits
2343    by the court. This does not include citizen dispute settlement
2344    centers under s. 44.201 and community arbitration programs under
2345    s. 985.304.
2346          (12) Basic legal materials reasonably accessible to the
2347    public other than a public law library. These materials may be
2348    provided in a courthouse facility or any library facility.
2349          (13)(7) Staff and expenses ofThe Judicial Qualifications
2350    Commission.
2351          (14) Offices of the appellate clerks and marshals and
2352    appellate law libraries.
2353          Section 41. Effective July 1, 2004, section 29.005,
2354    Florida Statutes, is amended to read:
2355          29.005 State attorneys' offices and prosecution expenses.-
2356    -For purposes of implementing s. 14, Art. V of the State
2357    Constitution, the essentialelements of the state attorneys'
2358    offices to be provided from state revenues appropriated by
2359    general laware as follows:
2360          (1) The state attorney of each judicial circuit and
2361    assistant state attorneys and otheressentialstaff as
2362    determined by general law.
2363          (2) Reasonable court reporting and transcriptionservices
2364    necessary to meet constitutional or statutory requirements,
2365    including the cost of transcribing and copying depositions of
2366    witnesses and the cost of foreign-language and sign-language
2367    interpreters and translators.
2368          (3) Witnesses, including expert witnesses,summoned to
2369    appear for an investigation, preliminary hearing, or trial in a
2370    criminal case when the witnesses are summoned by a state
2371    attorney, and any other expert witnesses the state attorney
2372    deems necessary for the performance of his or her duties.;
2373          (4) Mental health professionals who areappointed pursuant
2374    to s. 394.473 and required in a court hearing involving an
2375    indigent,; and mental health professionalsexpert witnesses who
2376    areappointed pursuant to s. 916.115(2) and required in a court
2377    hearing involving an indigent.
2378          (5) Reasonable transportation services in the performance
2379    of constitutional and statutory responsibilities.
2380          (6) Travel expenses reimbursable under s. 112.061
2381    reasonably necessary in the performance of constitutional and
2382    statutory responsibilities.
2383          (7) Reasonable library and electronic legal research
2384    services, other than a public law library.
2385          (8) Reasonable pretrial consultation fees and costs.
2386          Section 42. Effective July 1, 2004, section 29.006,
2387    Florida Statutes, is amended to read:
2388          29.006 Public defenders and indigent defense costs.--For
2389    purposes of implementing s. 14, Art. V of the State
2390    Constitution, the essentialelements of the public defenders'
2391    offices to be provided from state revenues appropriated by
2392    general laware as follows:
2393          (1) The public defender of each judicial circuit and
2394    assistant public defenders and otheressentialstaff as
2395    determined by general law.
2396          (2) Reasonable court reporting and transcriptionservices
2397    necessary to meet constitutional or statutory requirements,
2398    including the cost of transcribing and copying depositions of
2399    witnesses and the cost of foreign-language and sign-language
2400    interpreters and translators.
2401          (3) Witnesses, including expert witnesses,summoned to
2402    appear for an investigation, preliminary hearing, or trial in a
2403    criminal case when the witnesses are summoned on behalf of an
2404    indigent defendant, and any other expert witnesses approved by
2405    the court.;
2406          (4) Mental health professionals who areappointed pursuant
2407    to s. 394.473 and required in a court hearing involving an
2408    indigent,; and mental health professionalsexpert witnesses who
2409    areappointed pursuant to s. 916.115(2) and required in a court
2410    hearing involving an indigent.
2411          (5) Reasonable transportation services in the performance
2412    of constitutional and statutory responsibilities.
2413          (6) Travel expenses reimbursable under s. 112.061
2414    reasonably necessary in the performance of constitutional and
2415    statutory responsibilities.
2416          (7) Reasonable library and electronic legal research
2417    services, other than a public law library.
2418          (8) Reasonable pretrial consultation fees and costs.
2419          Section 43. Effective July 1, 2004, section 29.007,
2420    Florida Statutes, is amended to read:
2421          29.007 Court-appointed counsel.--For purposes of
2422    implementing s. 14, Art. V of the State Constitution, the
2423    essential elements of court-appointed counsel to be provided
2424    from state revenues appropriated by general laware as follows:
2425          (1) Private attorneys appointedassignedby the court to
2426    handle cases where the defendant is indigent and cannot be
2427    represented by the public defender under ss. 27.42 and 27.53.
2428          (2) Private attorneys appointed by the court to represent
2429    indigents or other classes of litigants in civil proceedings
2430    requiring court-appointed counsel in accordance with state and
2431    federal constitutional guarantees and federal and state
2432    statutes.
2433          (3) Reasonable court reporting and transcriptionservices
2434    necessary to meet constitutional or statutory requirements,
2435    including the cost of transcribing and copying depositions of
2436    witnesses and the cost of foreign-language and sign-language
2437    interpreters and translators.
2438          (4) Witnesses, including expert witnesses,summoned to
2439    appear for an investigation, preliminary hearing, or trial in a
2440    criminalcase when the witnesses are summoned on behalf of an
2441    indigent, and any other expert witnesses approved by the court.
2442    defendant;
2443          (5) Mental health professionals who areappointed pursuant
2444    to s. 394.473 and required in a court hearing involving an
2445    indigent,; and mental health professionalsexpert witnesses who
2446    areappointed pursuant to s. 916.115(2) and required in a court
2447    hearing involving an indigent.
2448          (6) Reasonable pretrial consultation fees and costs.
2449          (7) Travel expenses reimbursable under s. 112.061
2450    reasonably necessary in the performance of constitutional and
2451    statutory responsibilities.
2452          (5) Investigating and assessing the indigency of any
2453    person who seeks a waiver of court costs and fees, or any
2454    portion thereof, or applies for representation by a public
2455    defender or private attorney.
2456          Section 44. Effective upon this act becoming a law,
2457    section 24 of chapter 2000-237, Laws of Florida, as amended by
2458    section 1 of chapter 2001-265, Laws of Florida, is amended to
2459    read:
2460          Section 24. This act shall take effect upon becoming a
2461    law, except for section 8 of this act, which shall take effect
2462    July 1, 20042003.
2463          Section 45. Effective July 1, 2004, section 29.008,
2464    Florida Statutes, is amended to read:
2465          29.008 County funding of court-related functions.--
2466          (1) Counties are required by s. 14, Art. V of the State
2467    Constitution to fund the cost of communications services,
2468    existing radio systems, existing multiagency criminal justice
2469    information systems, and the cost of construction or lease,
2470    maintenance, utilities, and security of facilities for the
2471    circuit and county courts, public defenders' offices, state
2472    attorneys' offices, and the offices of the clerks of the circuit
2473    and county courts performing court-related functions. For
2474    purposes of implementing these requirements, the term:
2475          (a) "Facility" means reasonable and necessary buildings
2476    and space, structures, real estate, easements, and related
2477    interests in real estate, including, but not limited to, those
2478    for the purpose of housing personnel, equipment, or functions of
2479    the circuit or county courts, public defenders' offices, state
2480    attorneys' offices, and court-related functions of the office of
2481    the clerks of the circuit and county courts and all storage. The
2482    term also includes access to parking for such facilities in
2483    connection with such court-related functions that may be
2484    available free or from a private provider or a local government
2485    for a fee. The office space provided by a county may not be less
2486    than the standards for space allotment adopted by the Department
2487    of Management Services. County funding must include physical
2488    modifications and improvements to all facilities as are required
2489    for compliance with the Americans with Disabilities Act. Upon
2490    mutual agreement of a county and the affected entity in this
2491    paragraph, the office space provided by the county may vary from
2492    the standards for space allotment adopted by the Department of
2493    Management Services. This section applies only to facilities
2494    that are leased, or on which construction commences, after June
2495    30, 2003.
2496          (b)1."Construction or lease" includes, but is not limited
2497    to, all reasonable and necessary costs of the acquisition or
2498    leaseof facilities, equipment, and furnishings for all judicial
2499    officers, staff, jurors, volunteers of a tenant agency, and the
2500    public for the circuit and county courts, the public defenders'
2501    offices, state attorneys' offices, and for performing the court-
2502    related functions of the offices of the clerks of the circuit
2503    and county courts. This includes expenses related to financing
2504    such facilities and the existing and future cost and bonded
2505    indebtedness associated with placing the facilities in use.
2506          2. As of July 1, 2005, equipment and furnishings shall be
2507    limited to that appropriate and customary for courtrooms, jury
2508    facilities, and other public areas in courthouses.
2509          3. Equipment and furnishings under this paragraph in
2510    existence and owned by counties on July 1, 2005, for areas other
2511    than courtrooms, jury facilities, and other public areas in
2512    courthouses, shall be transferred to the state at no charge.
2513          (c) "Maintenance" includes, but is not limited to, all
2514    reasonable and necessary costs of custodial and groundskeeping
2515    services and renovation and reconstruction as needed to
2516    accommodate functions for the circuit and county courts, the
2517    public defenders' offices, and state attorneys' offices and for
2518    performing the court-related functions of the offices of the
2519    clerks of the circuit and county court and for maintaining the
2520    facilities in a condition appropriate and safe for the use
2521    intended.
2522          (d) "Utilities" means allelectricity services for light,
2523    heat, or power; natural or manufactured gas services for light,
2524    heat, or power; water and wastewater services and systems,
2525    stormwater or runoff services and systems, sewer services and
2526    systems, all costs or fees associated with these services and
2527    systems, and any costs or fees associated with the mitigation of
2528    environmental impacts directly related to the facility.
2529          (e) "Security" includes but is not limited to, all
2530    reasonable and necessary costs of services of law enforcement
2531    officers or licensed security guards and all electronic,
2532    cellular, or digital monitoring and screening devices necessary
2533    to ensure the safety and security of all persons visiting or
2534    working in a facility; to provide for security of the facility,
2535    including protection of property owned by the county or the
2536    state; and for security of prisoners brought to any facility.
2537    This includes bailiffs while providing courtroom and other
2538    security for each judge and other quasi-judicial officers.
2539          (f) "Communications systems or communicationsservices"
2540    are defined as any reasonable and necessary transmission,
2541    emission, and reception of signs, signals, writings, images, and
2542    sounds of intelligence of any nature by wire, radio, optical, or
2543    other electromagnetic systems and includes all facilities and
2544    equipment owned, leased, or used by judges, clerks, public
2545    defenders, state attorneys, and all staff of the state courts
2546    system, state attorneys' offices, public defenders' offices, and
2547    clerks of the circuit and county courts performing court-related
2548    functions. Such system or services shall include, but not be
2549    limited to:
2550          1. Telephone system infrastructure, including computer
2551    lines, telephone switching equipment, and maintenance. Each
2552    county shall continue to provide access to a local carrier for
2553    local and long distance service and shall pay for the local
2554    service. Telephone equipment, including facsimile and video
2555    teleconferencing equipment, owned by the counties shall be
2556    transferred to the state at no charge, effective July 1, 2004
2557    Telephone services and equipment, including facsimile, wireless
2558    communications, video teleconferencing, pagers, computer lines,
2559    and telephone switching equipment and the maintenance, supplies,
2560    hardware, software, and line charges, including local and long-
2561    distance toll charges, and support staff or services necessary
2562    for operation.
2563          2. Allcomputer systems and equipment, including computer
2564    hardware and software, modems, printers, wiring, network
2565    connections, maintenance, support staff or services, training,
2566    supplies, and line charges necessary for an integrated computer
2567    system to support the operations and management of the state
2568    courts system, the offices of the public defenders, the offices
2569    of the state attorneys, and the offices of the clerks of the
2570    circuit and county courts and the capability to connect those
2571    entities and reporting data to the state as required for the
2572    transmission of revenue, performance accountability, case
2573    management, data collection, budgeting, and auditing purposes.
2574    The integrated computer system shall be operational by January
2575    1, 2006, and, at a minimum, must be able to electronically
2576    exchange judicial case background, sentencing guidelines and
2577    scoresheets, and video evidence information stored in integrated
2578    case-management systems over secure networks.
2579          3. Postage, printed documents, radio,Courier messenger
2580    and subpoena services, support services, all maintenance,
2581    supplies, and line charges.
2582          4. Auxiliary aids and services for qualified individuals
2583    with a disability which are necessary to ensure access to the
2584    courts. Such auxiliary aids and services include, but are not
2585    limited to, real-time transcription services for individuals who
2586    are hearing impaired, and assistive listening devices and the
2587    equipment necessary to implement such accommodations.
2588          (g) "Existing radio systems" includes, but is not limited
2589    to, law enforcement radio systems that are used by the circuit
2590    and county courts, the offices of the public defenders, the
2591    offices of the state attorneys, and for court-related functions
2592    of the offices of the clerks of the circuit and county courts.
2593    This includes radio systems that were operational or under
2594    contract at the time Revision No. 7, 1998, to Art. V of the
2595    State Constitution was adopted and any enhancements made
2596    thereafter, the maintenance of those systems, and the personnel
2597    and supplies necessary for operation.
2598          (h) "Existing multiagency criminal justice information
2599    systems" includes, but is not limited to, those components of
2600    the multiagency criminal justice information system as defined
2601    in s. 943.045, supporting the offices of the circuit or county
2602    courts, the public defenders' offices, the state attorneys'
2603    offices, or those portions of the offices of the clerks of the
2604    circuit and county courts performing court-related functions
2605    that are used to carry out the court-related activities of those
2606    entities. This includes upgrades and maintenance of the current
2607    equipment, maintenance and upgrades of supporting technology
2608    infrastructure and associated staff, and services and expenses
2609    to assure continued information sharing and reporting of
2610    information to the state. The counties shall also provide
2611    additional information technology services, hardware, and
2612    software as needed for new judges and staff of the state courts
2613    system, state attorneys' offices, public defenders' offices, and
2614    the offices of the clerks of the circuit and county courts
2615    performing court-related functions.
2616          (2) Counties shall pay reasonable and necessary salaries,
2617    costs, and expenses of the state courts system, including
2618    associated staff and expenses, to meet local requirements as
2619    determined by general law.
2620          (a) Local requirements are those specialized programs,
2621    nonjudicial staff, and other expenses associated with
2622    specialized court programs, specialized prosecution needs,
2623    specialized defense needs, or resources required of a local
2624    jurisdiction as a result of special factors or circumstances.
2625    Local requirements exist:
2626          1. When imposed pursuant to an express statutory
2627    directive, based on such factors as provided in paragraph (b);
2628    or
2629          2. When:
2630          a. The county has enacted an ordinance, adopted a local
2631    program, or funded activities with a financial or operational
2632    impact on the circuit or a county within the circuit; or
2633          b. Circumstances in a given circuit or county result in or
2634    necessitate implementation of specialized programs, the
2635    provision of nonjudicial staff and expenses to specialized court
2636    programs, special prosecution needs, specialized defense needs,
2637    or the commitment of resources to the court's jurisdiction.
2638          (b) Factors and circumstances resulting in the
2639    establishment of a local requirement include, but are not
2640    limited to:
2641          1. Geographic factors;
2642          2. Demographic factors;
2643          3. Labor market forces;
2644          4. The number and location of court facilities; or
2645          5. The volume, severity, complexity, or mix of court
2646    cases.
2647          (c) Local requirements under subparagraph (a)2. must be
2648    determined by the following method:
2649          1. The chief judge of the circuit, in conjunction with the
2650    state attorney and the public defender only on matters that
2651    impact their offices, shall identify all local requirements
2652    within the circuit or within each county in the circuit and
2653    shall identify the reasonable and necessary salaries, costs, and
2654    expenses to meet these local requirements.
2655          2. On or before June 1 of each year, the chief judge shall
2656    submit to the board of county commissioners a tentative budget
2657    request for local requirements for the ensuing fiscal year. The
2658    tentative budget must certify a listing of all local
2659    requirements and the reasonable and necessary salaries, costs,
2660    and expenses for each local requirement. The board of county
2661    commissioners may, by resolution, require the certification to
2662    be submitted earlier.
2663          3. The board of county commissioners shall thereafter
2664    treat the certification in accordance with the county's
2665    budgetary procedures. A board of county commissioners may:
2666          a. Determine whether to provide funding, and to what
2667    extent it will provide funding, for salaries, costs, and
2668    expenses under this section;
2669          b. Require a county finance officer to conduct a preaudit
2670    review of any county funds provided under this section prior to
2671    disbursement;
2672          c. Require review or audit of funds expended under this
2673    section by the appropriate county office; and
2674          d. Provide additional financial support for the courts
2675    system, state attorneys, or public defenders.
2676          (d) Counties may satisfy these requirements by entering
2677    into interlocal agreements for the collective funding of these
2678    reasonable and necessary salaries, costs, and expenses.
2679          (3) The following shall be considered a local requirement
2680    pursuant to subparagraph (2)(a)1.:
2681          (a) Legal aid programs. Counties with a population of less
2682    than 75,000 are exempt from this requirement.
2683          (b) Alternative sanctions coordinators pursuant to ss.
2684    984.09 and 985.216.
2685          Section 46. Effective July 1, 2004, section 29.0085,
2686    Florida Statutes, is created to read:
2687          29.0085 Annual statement of certain revenues and
2688    expenditures.--
2689          (1) Each county shall submit annually to the Chief
2690    Financial Officer a statement of revenues and expenditures as
2691    set forth in this section in the form and manner prescribed by
2692    the Chief Financial Officer in consultation with the Legislative
2693    Committee on Intergovernmental Relations, provided that such
2694    statement identify total county expenditures on each of the
2695    services outlined in s. 29.008.
2696          (2)(a) Within 6 months of the close of the local
2697    government fiscal year, each county shall submit to the Chief
2698    Financial Officer a statement of compliance from its independent
2699    certified public accountant, engaged pursuant to s. 218.39, that
2700    the certified statement of expenditures was in accordance with
2701    s. 29.008 and this section. All discrepancies noted by the
2702    independent certified public accountant shall be included in the
2703    statement furnished by the county to the Chief Financial
2704    Officer.
2705          (b) If the Chief Financial Officer determines that
2706    additional auditing procedures are appropriate because:
2707          1. The county failed to submit timely its annual
2708    statement;
2709          2. Discrepancies were noted by the independent certified
2710    public accountant; or
2711          3. The county failed to file before March 31 of each year
2712    the certified public accountant statement of compliance, the
2713    Chief Financial Officer may send his or her personnel or
2714    contract for services to bring the county into compliance. The
2715    costs incurred by the Chief Financial Officer shall be paid
2716    promptly by the county upon certification by the Chief Financial
2717    Officer.
2718          (c) Where the Chief Financial Officer elects to utilize
2719    the services of an independent contractor, such certification by
2720    the Chief Financial Officer may require the county to make
2721    direct payment to a contractor. Any funds owed by a county in
2722    such matters shall be recovered pursuant to s. 17.04 or s.
2723    17.041.
2724          (3) The Chief Financial Officer shall adopt any rules
2725    necessary to implement his or her responsibilities pursuant to
2726    this section.
2727          Section 47. Effective July 1, 2004, section 29.0095,
2728    Florida Statutes, is created to read:
2729          29.0095 Budget expenditure reports.--
2730          (1) The chief judge of each circuit shall, by October 1 of
2731    each fiscal year, submit an itemized report to the Governor, the
2732    President of the Senate, and the Speaker of the House of
2733    Representatives showing the amount of state funds expended
2734    during the previous fiscal year ending in June for each of the
2735    items enumerated in s. 29.004 that pertain to circuit and county
2736    courts.
2737          (2) Each state attorney shall, by October 1 of each fiscal
2738    year, submit an itemized report to the Governor, the President
2739    of the Senate, and the Speaker of the House of Representatives
2740    showing the amount of state funds expended during the previous
2741    fiscal year ending in June for each of the items enumerated in
2742    s. 29.005.
2743          (3) Each public defender shall, by October 1 of each
2744    fiscal year, submit an itemized report to the Governor, the
2745    President of the Senate, and the Speaker of the House of
2746    Representatives showing the amount of state funds expended
2747    during the previous fiscal year ending in June for each of the
2748    items enumerated in s. 29.006.
2749          (4) The Legislative Budget Commission shall prescribe the
2750    format of the report required by this section in consultation
2751    with the Chief Justice and the Justice Administrative
2752    Commission.
2753          Section 48. Section 29.014, Florida Statutes, is created
2754    to read:
2755          29.014 Article V Indigent Services Advisory Board.--
2756          (1) There is created the Article V Indigent Services
2757    Advisory Board. The board shall exist for the purpose of
2758    advising the Legislature in establishing qualifications and
2759    compensation standards governing the expenditure of state
2760    appropriated funds for those providing state-funded due process
2761    services for indigents provided through the courts, state
2762    attorneys, public defenders, and private court-appointed
2763    counsel. These services include, but are not limited to, court-
2764    appointed counsel, court reporting and transcription services,
2765    interpreter services, and expert witnesses. Standards
2766    recommended by the Board shall take into account local
2767    variations and market conditions and availability of attorneys
2768    and other service providers. The board shall also exist for the
2769    purpose of advising the Legislature on cost containment
2770    strategies and policies.
2771          (2) The board shall be composed of twelve members,
2772    appointed as follows:
2773          (a) The Governor shall appoint three members as follows:
2774    one state attorney, one public defender, and one clerk of court.
2775          (b) The President of the Senate and the Speaker of the
2776    House of Representatives shall each appoint three members. Of
2777    the members appointed by the President of the Senate one shall
2778    be a county commissioner and one shall be an attorney in private
2779    practice with significant criminal trial experience. Of the
2780    members appointed by the Speaker of the House of Representatives
2781    one shall be a county commissioner and one shall be an attorney
2782    in private practice with significant civil trial experience. The
2783    President of the Senate and the Speaker of the House of
2784    Representatives may each appoint a member from their respective
2785    chambers.
2786          (c) The Chief Justice of the Supreme Court shall appoint
2787    three members as follows: three trial court judges,
2788    representing a cross-section of small, medium, and large
2789    circuits, different regions of the state, and court divisions.
2790    Appointments shall be made effective July 1, 2003.
2791          (3) Members shall be appointed for 4-year terms, except
2792    for an appointment to fill an unexpired term, in which event the
2793    appointment shall be for the remainder of the unexpired term
2794    only. In the case where a member must hold office to be
2795    qualified for board membership, the member's term shall also
2796    expire upon failure to maintain the office, whichever occurs
2797    first.
2798          (4) The members shall elect a chairperson annually and
2799    shall meet at the call of the chairperson, at the request of a
2800    majority of the membership, or at the request of the President
2801    of the Senate or the Speaker of the House of Representatives.
2802    Members shall serve without pay but shall be entitled to
2803    reimbursement for their expenses in carrying out their duties as
2804    provided in s. 112.061. Public officer members shall be
2805    reimbursed through the budget entity through which they are
2806    compensated.
2807          (5) The board shall:
2808          (a) Recommend qualifications for those providing
2809    authorized state-funded due process services, including
2810    qualifications for state-funded court reporters, interpreters,
2811    and private court-appointed counsel, in addition to those set
2812    forth in s. 27.40. At a minimum, the board shall incorporate
2813    into the eligibility and performance standards for court-
2814    appointed counsel requirements relating to length of membership
2815    in The Florida Bar, continuing legal education, and relevant
2816    trial experience. At a minimum, the experience standards for
2817    criminal cases must require participation in three criminal
2818    trials for an attorney to be eligible for a third-degree felony
2819    case and five criminal trials to be eligible for a case
2820    involving a felony of the second degree or a higher degree.
2821          (b) Recommend any needed adjustments to existing
2822    compensation standards for private court-appointed counsel and
2823    other providers of due process services pursuant to s. 27.5304.
2824          (c) Identify due process services for indigents that
2825    should be included on the state contract and bid competitively
2826    on a circuit, region, or statewide basis.
2827          (d) Recommend statewide contracting standards for
2828    procurement of state-funded due process services and developing
2829    uniform contract forms for use in procuring services.
2830          (e) Advise the Legislature on strategies and policies to
2831    contain costs.
2832          (f) Recommend uniform standards to be applied by the
2833    public defender and the court in determining whether or not
2834    there is a conflict of interest pursuant to s. 27.5303.
2835          (6) To aid in the transition to full implementation of
2836    Revision 7 to Article V, the board shall issue its initial
2837    recommendations by November 1, 2003. Thereafter, the board shall
2838    issue any additional recommendations or revisions thereto by
2839    September 1 of each year.
2840          (7) In preparing budgets and entering into contractual
2841    arrangements for the procurement of state-funded due process
2842    services for fiscal year 2004-2005, the Chief Justice and the
2843    circuit Article V indigent services committees are authorized
2844    and encouraged to consider the advice and recommendations of the
2845    board.
2846          (8) The Justice Administrative Commission shall provide
2847    staff support to the board.
2848          Section 49. Effective July 1, 2004, section 29.015,
2849    Florida Statutes, is created to read:
2850          29.015 Contingency fund; limitation of authority to
2851    transfer funds in contracted due process services appropriation
2852    categories.--
2853          (1) An appropriation may be provided in the General
2854    Appropriations Act in the Justice Administrative Commission to
2855    serve as a contingency fund for the purpose of alleviating
2856    deficits in contracted due process services appropriation
2857    categories, including private court-appointed counsel
2858    appropriation categories, that may occur from time to time due
2859    to extraordinary events that lead to unexpected expenditures.
2860          (2) In the event that a state attorney or public defender
2861    incurs a deficit in a contracted due process services
2862    appropriation category, the following steps shall be taken in
2863    order:
2864          (a) The state attorney or public defender shall first
2865    attempt to identify surplus funds from other appropriation
2866    categories within his or her office and submit a budget
2867    amendment pursuant to chapter 216 to transfer funds from within
2868    the office.
2869          (b) In the event that the state attorney or public
2870    defender is unable to identify surplus funds from within his or
2871    her office, he or she shall certify this to the Justice
2872    Administrative Commission along with a complete explanation of
2873    the circumstances which led to the deficit and steps the office
2874    has taken to reduce or alleviate the deficit. The Justice
2875    Administrative Commission shall inquire as to whether any other
2876    office has surplus funds in its contracted due process services
2877    appropriation categories which can be transferred to the office
2878    that is experiencing the deficit. If other offices indicate that
2879    surplus funds are available, the Justice Administrative
2880    Commission shall request a budget amendment to transfer funds
2881    from the office or offices to alleviate the deficit upon
2882    agreement of the contributing office or offices.
2883          (c) If no office indicates that surplus funds are
2884    available to alleviate the deficit, the Justice Administrative
2885    Commission may request a budget amendment to transfer funds from
2886    the contingency fund. Such transfers shall be in accordance with
2887    all applicable provisions of chapter 216 and shall be subject to
2888    review and approval by the Legislative Budget Commission. The
2889    Justice Administrative Commission shall submit the documentation
2890    provided by the office explaining the circumstances that led to
2891    the deficit and the steps taken by the office and the Justice
2892    Administrative Commission to identify surplus funds to the
2893    Legislative Budget Commission.
2894          (3) In the event that there is a deficit in a statewide
2895    contracted due process services appropriation category provided
2896    for private court-appointed counsel necessary due to withdrawal
2897    of the public defender due to an ethical conflict, the following
2898    steps shall be taken in order:
2899          (a) The Justice Administrative Commission shall first
2900    attempt to identify surplus funds from other contracted due
2901    process services appropriation categories within the Justice
2902    Administrative Commission and submit a budget amendment pursuant
2903    to chapter 216 to transfer funds from within the commission.
2904          (b) In the event that the Justice Administrative
2905    Commission is unable to identify surplus funds from within the
2906    commission, the commission shall inquire of each of the public
2907    defenders as to whether any office has surplus funds in its
2908    contracted due process services appropriations categories which
2909    can be transferred. If any public defender office or offices
2910    indicate that surplus funds are available, the Justice
2911    Administrative Commission shall request a budget amendment to
2912    transfer funds from the office or offices to alleviate the
2913    deficit upon agreement of the contributing office or offices.
2914          (c) If no public defender office has surplus funds
2915    available to alleviate the deficit, the Justice Administrative
2916    commission may request a budget amendment to transfer funds from
2917    the contingency fund. Such transfers shall be in accordance with
2918    all applicable provisions of chapter 216 and shall be subject to
2919    review and approval by the Legislative Budget Commission. The
2920    Justice Administrative Commission shall submit the documentation
2921    provided by the office explaining the circumstances that led to
2922    the deficit and the steps taken by the Justice Administrative
2923    Commission to identify surplus funds to the Legislative Budget
2924    Commission.
2925          (4) In the event that there is a deficit in a statewide
2926    appropriation category provided for private court-appointed
2927    counsel other than for conflict counsel as described in
2928    subsection (3), the following steps shall be taken in order:
2929          (a) The Justice Administrative Commission shall first
2930    attempt to identify surplus funds from other contracted due
2931    process services appropriation categories within the Justice
2932    Administrative Commission and submit a budget amendment pursuant
2933    to chapter 216 to transfer funds from within the commission.
2934          (b) In the event that the Justice Administrative
2935    Commission is unable to identify surplus funds from within the
2936    commission, the commission may submit a budget amendment to
2937    transfer funds from the contingency fund. Such transfers shall
2938    be in accordance with all applicable provisions of chapter 216
2939    and shall be subject to review and approval by the Legislative
2940    Budget Commission. The Justice Administrative Commission shall
2941    submit documentation explaining the circumstances that led to
2942    the deficit and the steps taken to identify surplus funds to the
2943    Legislative Budget Commission.
2944          (5) Notwithstanding any provisions in chapter 216 to the
2945    contrary, no office shall transfer funds from a contracted due
2946    process services appropriation category or from a contingency
2947    fund category authorized in this section except as specifically
2948    authorized in this section. In addition, funds shall not be
2949    transferred from a state attorney office to alleviate a deficit
2950    in a public defender office and funds shall not be transferred
2951    from a public defender office to alleviate a deficit in a state
2952    attorney office.
2953          Section 50. Effective July 1, 2004, section 29.016,
2954    Florida Statutes, is created to read:
2955          29.016 Contingency fund; judicial branch.--
2956          (1) An appropriation may be provided in the General
2957    Appropriations Act for the judicial branch to serve as a
2958    contingency fund to alleviate deficits in contracted due process
2959    services appropriation categories, including private court-
2960    appointed counsel categories, that may occur from time to time
2961    due to extraordinary events that lead to unexpected
2962    expenditures.
2963          (2) In the event that a chief judge incurs such a deficit,
2964    the following steps shall be taken in order:
2965          (a) The chief judge shall attempt to identify surplus
2966    funds from other appropriation categories within his or her
2967    circuit and submit a request to the Chief Justice for a budget
2968    amendment pursuant to chapter 216 to transfer funds from within
2969    the circuit budget.
2970          (b) In the event that the chief judge is unable to
2971    identify surplus funds from within his or her circuit, he or she
2972    shall certify this to the Office of the State Courts
2973    Administrator along with a complete explanation of the
2974    circumstances which led to the deficit and steps taken to reduce
2975    or alleviate the deficit. The Office of the State Courts
2976    Administrator shall inquire as to whether any other circuit has
2977    surplus funds in its contracted due process service
2978    appropriation categories which can be transferred to the circuit
2979    that is experiencing the deficit. If other circuits indicate
2980    that surplus funds are available, the Office of the State Courts
2981    Administrator shall notify the Trial Court Budget Commission
2982    established within the judicial branch by Rule of Judicial
2983    Administration. The Trial Court Budget Commission shall make
2984    recommendations to the Chief Justice to alleviate the deficit.
2985    The Chief Justice may authorize a transfer of funds among
2986    circuits to alleviate the deficit.
2987          (3) If no other circuits indicate that surplus funds are
2988    available to alleviate the deficit, the Trial Court Budget
2989    Commission may request the Chief Justice to request a budget
2990    amendment to transfer funds from the contingency fund. Such
2991    transfers shall be requested subject to the notice and review
2992    requirements set forth in s. 216.177. The Office of the State
2993    Courts Administrator shall include in the budget amendment
2994    documentation provided by the chief judge explaining the
2995    circumstances that led to the deficit and the steps taken to
2996    identify surplus funds to alleviate the deficit.
2997          (4) Notwithstanding any provisions in chapter 216 to the
2998    contrary, no circuit shall transfer funds from a contracted due
2999    process services appropriation category or from a contingency
3000    fund category authorized in this section except as specifically
3001    authorized in this section.
3002          Section 51. Effective July 1, 2004, subsection (2) of
3003    section 34.032, Florida Statutes, is amended to read:
3004          34.032 Power of clerk to appoint deputies.--
3005          (2) Any deputy county court clerk appointed for the sole
3006    purpose of issuing arrest warrants for violation of chapter 316
3007    or county or municipal ordinances triable in the county courts
3008    shall have and exercise only those powers of the clerk which are
3009    required to achieve such limited purpose, and those arrest
3010    warrants issued for violation of county or municipal ordinances
3011    shall be funded by the county or municipality which approved the
3012    ordinance.
3013          Section 52. Effective July 1, 2004, section 34.041,
3014    Florida Statutes, is amended to read:
3015          34.041 Filing feesService charges and costs.--
3016          (1) Upon the institution of any civil action or proceeding
3017    in county court, the clerk of court may requirethe plaintiff,
3018    when filing an action or proceeding, toshall pay the following
3019    filing fee, not to exceedservice charges:
3020          (a) For all claims less than $100..............$50.$10.00.
3021          (b) For all claims of $100 or more but not more than $500
3022    $2,500................................................$75.25.00.
3023          (c) For all claims of more than $500 but not more than
3024    $2,500.....................................................$150.
3025          (d)(c) For all claims of more than $2,500......$250.40.00.
3026          (e)(d)In addition, for all proceedings of garnishment,
3027    attachment, replevin, and distress....................$75.35.00.
3028          (f)(e) For removal of tenant action.............$75.35.00.
3029         
3030          The first $50 of the filing fee collected under paragraph (d)
3031    shall be remitted to the Department of Revenue for deposit into
3032    the General Revenue Fund. One-third of any filing fees collected
3033    by the clerk under paragraph (d) in excess of the first $50
3034    shall be remitted to the Department of Revenue for deposit into
3035    the Department of Revenue Clerks of the Court Trust Fund.Postal
3036    charges incurred by the clerk of the county court in making
3037    service by mail on defendants or other parties shall be paid by
3038    the party at whose instance service is made. Except as provided
3039    herein, filing fees andservice charges for performing duties of
3040    the clerk relating to the county court shall be as provided in
3041    ss. 28.24 and 28.241. Service charges in excess of those herein
3042    fixed may be imposed by the governing authority of the county by
3043    ordinance or by special or local law, and such excess shall be
3044    expended as provided by such ordinance or any special or local
3045    law now or hereafter in force to provide and maintain
3046    facilities, including a law library, for the use of the county
3047    court in the county in which the charge is collected; to provide
3048    and maintain equipment; or for a legal aid program.Except as
3049    otherwise provided herein,all filing fees shall be retained as
3050    fee income of the office of the clerk of circuit court. Filing
3051    feesService chargesimposed by this section may not be added to
3052    any penalty imposed by chapter 316 or chapter 318. The sum of
3053    all service charges and fees permitted under this subsection may
3054    not exceed $200.
3055          (2) The judge shall have full discretionary power to waive
3056    the prepayment of costs or the payment of costs accruing during
3057    the action upon the sworn written statement of the plaintiff and
3058    upon other satisfactory evidence of the plaintiff's inability to
3059    pay such costs. When costs are so waived, the notation to be
3060    made on the records shall be "Prepayment of costs waived," or
3061    "Costs waived." The term "pauper" or "in forma pauperis" shall
3062    not be employed.If a party shall fail to pay accrued costs,
3063    though able to do so, the judge shall have power to deny that
3064    party the right to file any new case while such costs remain
3065    unpaid and, likewise, to deny such litigant the right to proceed
3066    further in any case pending. The award of other court costs
3067    shall be according to the discretion of the judge who may
3068    include therein the reasonable costs of bonds and undertakings
3069    and other reasonable court costs incident to the suit incurred
3070    by either party.
3071          (3) In criminal proceedings in county courts, costs shall
3072    be taxed against a person in county court upon conviction or
3073    estreature pursuant to chapter 939. The provisions of s.
3074    28.241(2) shall not apply to criminal proceedings in county
3075    court.
3076          (4) Upon the institution of any appellate proceeding from
3077    the county court to the circuit court, there shall be charged
3078    and collected from the party or parties instituting such
3079    appellate proceedings, including appeals filed by a county or
3080    municipality, filing feesa service chargeas provided in
3081    chapter 28.
3082          (5) A charge or a fee may not be imposed upon a party for
3083    responding by pleading, motion, or other paper to a civil or
3084    criminal action, suit, or proceeding in a county court or to an
3085    appeal to the circuit court.
3086          (6) For purposes of this section, "plaintiff" includes a
3087    county or municipality filing any civil action.
3088          (6) In addition to the filing fees provided in subsection
3089    (1), in all civil cases, the sum of $7.00 per case shall be paid
3090    by the plaintiff when filing an action for the purpose of
3091    funding the court costs. Such funds shall be remitted by the
3092    clerk to the Department of Revenue for deposit to the General
3093    Revenue Fund.
3094          Section 53. Subsection (6) of section 34.13, Florida
3095    Statutes, is amended to read:
3096          34.13 Method of prosecution.--
3097          (6) Any circuit court clerk acting as clerk of the county
3098    court, or any deputy county court clerk appointed for the sole
3099    purpose of issuing arrest warrants, or any county court clerk,
3100    may, at municipal expense,administer an oath to and take
3101    affidavit of any person charging another person with a violation
3102    of a municipal ordinance and may issue a warrant on the usual
3103    form, making it returnable to the appropriate county court
3104    judge. The authority granted to a clerk or deputy clerk under
3105    this section shall be subordinate to that of any state judge.
3106          Section 54. Effective July 1, 2004, section 34.171,
3107    Florida Statutes, is amended to read:
3108          34.171 Salaries and expenses.--Unless the state shall pay
3109    such expenses,The county shall pay all reasonable salaries of
3110    bailiffs, secretaries, and assistants of the circuit and county
3111    courts and all reasonable expenses of the offices of circuit and
3112    county court judges.
3113          Section 55. Effective July 1, 2004, subsection (2) of
3114    section 34.181, Florida Statutes, is amended to read:
3115          34.181 Branch courts.--
3116          (2) Any municipality or county which so applies shall be
3117    required to provide the appropriate physical facilities as
3118    defined in s. 29.008in which the county court may hold court.
3119          Section 56. Effective July 1, 2004, section 34.191,
3120    Florida Statutes, is amended to read:
3121          34.191 Fines and, forfeitures, and costs.--
3122          (1)All fines and forfeitures arising from offenses tried
3123    in the county court shall be collected and accounted for by the
3124    clerk of the court and deposited in a special trust account. All
3125    fines and forfeitures received from violations of ordinances or
3126    misdemeanors committed within a county, or ofmunicipal
3127    ordinances committed within a municipality within the
3128    territorial jurisdiction of the county court,shall be paid
3129    monthly to the county or municipality respectivelyexcept as
3130    provided in s. 318.21 or s. 943.25. All other fines and
3131    forfeitures collected by the clerk shall be considered income of
3132    the office of the clerk for use in performing court-related
3133    duties of the office.
3134          (2) All court costs assessed in county court must be paid
3135    to and retained by the county, except as provided in s. 943.25
3136    and subsection (3) of this section.
3137          (3) If a municipality incurs any cost of operation of the
3138    county court, including any cost of prosecution, it may apply to
3139    the chief judge of the circuit for an order directing the county
3140    to distribute reasonable court costs to the municipality. If not
3141    satisfied with the order of the chief judge, the municipality
3142    may apply to the Supreme Court for an order apportioning the
3143    costs.
3144          (4) The board of county commissioners may assign the
3145    collection of fines, court costs, and other costs imposed by the
3146    court that are past due for 90 days or more to a private
3147    attorney or collection agency that is licensed or registered in
3148    this state, if the board of county commissioners determines that
3149    the assignment is cost-effective and follows established bid
3150    practices. The board of county commissioners may authorize a fee
3151    to be added to the outstanding balance to offset any collection
3152    costs that will be incurred.
3153          Section 57. Effective July 1, 2004, section 39.0134,
3154    Florida Statutes, is amended to read:
3155          39.0134 Appointed counsel; compensation.--
3156          (1)If counsel is entitled to receive compensation for
3157    representation pursuant to a court appointment in a dependency
3158    proceeding pursuant to this chapter, such compensation shall be
3159    paid in accordance with s. 27.5304established by each county.
3160    The statecountymay acquire and enforce a lien upon court-
3161    ordered payment of attorney's fees and costs in accordance with
3162    s. 984.08.
3163          (2) If counsel is entitled to receive compensation for
3164    representation pursuant to court appointment in a termination of
3165    parental rights proceeding, such compensation shall not exceed
3166    $1,000 at the trial level and $2,500 at the appellate level.
3167          Section 58. Subsection (3) of section 39.4075, Florida
3168    Statutes, is amended to read:
3169          39.4075 Referral of a dependency case to mediation.--
3170          (3) The department shall advise the parties that they are
3171    responsible for contributing to the cost of the dependency
3172    mediation to the extent of their ability to pay.
3173          Section 59. Effective July 1, 2004, subsection (1) of
3174    section 39.815, Florida Statutes, is amended to read:
3175          39.815 Appeal.--
3176          (1) Any child, any parent or guardian ad litem of any
3177    child, any other party to the proceeding who is affected by an
3178    order of the court, or the department may appeal to the
3179    appropriate district court of appeal within the time and in the
3180    manner prescribed by the Florida Rules of Appellate Procedure.
3181    The district court of appeal shall give an appeal from an order
3182    terminating parental rights priority in docketing and shall
3183    render a decision on the appeal as expeditiously as possible.
3184    Appointed counsel shall be compensated as provided in s.
3185    27.5304(5)39.0134.
3186          Section 60. Effective July 1, 2004, section 40.001,
3187    Florida Statutes, is created to read:
3188          40.001 Chief judge; authority; duties.--The chief judge of
3189    each judicial circuit is vested with overall authority and
3190    responsibility for the management, operation, and oversight of
3191    the jury system within his or her circuit. However, in
3192    accordance with this chapter and chapter 905, the clerk of the
3193    circuit court has specific responsibilities regarding the
3194    processing of jurors, including, but not limited to,
3195    qualifications, summons, selection lists, reporting, and
3196    compensation of jurors. The clerk of the circuit court may
3197    contract with the chief judge for the court's assistance in the
3198    provision of services to process jurors. The chief judge may
3199    also designate to the clerk of the circuit court additional
3200    duties consistent with established uniform standards of jury
3201    management practices that the Supreme Court may adopt by rule or
3202    issue through administrative order.
3203          Section 61. Effective July 1, 2004, subsection (3) of
3204    section 40.02, Florida Statutes, is amended to read:
3205          40.02 Selection of jury lists.--
3206          (3) The clerk of the court shallchief judge may designate
3207    the court administrator toperform the duties set forth in this
3208    section and in ss. 40.221, 40.23, and 40.231 in counties having
3209    an approved, computerized jury selection system, the provisions
3210    of any special law or general law of local application to the
3211    contrary notwithstanding. However, the chief judge may designate
3212    the court administrator to perform these duties if the county
3213    provides funding to the court administrator to provide the
3214    personnel and other costs associated with jury services.
3215          Section 62. Effective July 1, 2004, subsection (1) of
3216    section 40.29, Florida Statutes, is amended to read:
3217          40.29 Clerks to make estimates and requisitions for
3218    certain due process costsestimate amount for pay of jurors and
3219    witnesses and make requisition.--
3220          (1) The clerk of the court in and for any county shall
3221    make an estimate of the amount necessary during any quarterly
3222    fiscal period beginning July 1 and during each succeeding
3223    quarterly fiscal period for the payment by the state of juror
3224    compensation and expenses; court reporter, interpreter, and
3225    translator services; witnesses, including expert witnesses;
3226    mental health professionals; and private court-appointed
3227    counsel, each in accordance with the applicable requirements of
3228    ss. 29.005, 29.006, and 29.007. The clerk of such court:
3229          (a) Jurors in the circuit court and the county court;
3230          (b) Witnesses before the grand jury;
3231          (c) Witnesses summoned to appear for an investigation,
3232    preliminary hearing, or trial in a criminal case when the
3233    witnesses are summoned by a state attorney or on behalf of an
3234    indigent defendant;
3235          (d) Mental health professionals who are appointed pursuant
3236    to s. 394.473 and required in a court hearing involving an
3237    indigent; and
3238          (e) Expert witnesses who are appointed pursuant to s.
3239    916.115(2) and required in a court hearing involving an
3240    indigent;
3241         
3242          and shall forward each such estimate to the Justice
3243    Administrative CommissionState Courts Administratorno later
3244    than the date scheduled by the Justice Administrative Commission
3245    State Courts Administrator. At the time of any forwarding of
3246    such estimate, the clerk of such court shall make a requisition
3247    upon the Justice Administrative CommissionState Courts
3248    Administrator for the amount of such estimate; and the Justice
3249    Administrative CommissionState Courts Administratormay reduce
3250    the amount upon finding that the costs are unreasonable,
3251    inconsistent with applicable contractual terms, or inconsistent
3252    with compensation standards established by general lawif in his
3253    or her judgment the requisition is excessive.
3254          Section 63. Effective July 1, 2004, section 40.30, Florida
3255    Statutes, is amended to read:
3256          40.30 Requisition endorsed by Justice Administrative
3257    CommissionState Courts Administratoror designee.--Upon receipt
3258    of such estimate and the requisition from the clerk of the court
3259    pursuant to s. 40.29, the Justice Administrative Commission
3260    State Courts Administrator or designee shall endorse the amount
3261    deemedthat he or she may deem necessary for payment to the
3262    statethe pay of jurors and witnessesduring the quarterly
3263    fiscal period and shall submit a request for payment to the
3264    Chief Financial OfficerComptroller.
3265          Section 64. Subsections (1) and (5) of section 43.16,
3266    Florida Statutes, are amended to read:
3267          43.16 Justice Administrative Commission; membership,
3268    powers and duties.--
3269          (1) There is hereby created a Justice Administrative
3270    Commission of the Judicial Branch of Florida, with headquarters
3271    located in the state capital. The necessary office space for use
3272    of the commission shall be furnished by the proper state agency
3273    in charge of state buildings.
3274          (5) The duties of the commission shall include, but not be
3275    limited to, the following:
3276          (a) The maintenance of a central state office for
3277    administrative services and assistance when possible to and on
3278    behalf of the state attorneys and public defenders of Florida,
3279    the office of capital collateral representative of Florida, and
3280    the Judicial Qualifications Commission.
3281          (b) Each state attorney and public defender and the
3282    Judicial Qualifications Commission shall continue to prepare
3283    necessary budgets, vouchers which represent valid claims for
3284    reimbursement by the state for authorized expenses, and other
3285    things incidental to the proper administrative operation of the
3286    office, such as revenue transmittals to the Chief Financial
3287    Officer andtreasurer, automated systems plans, etc.,but will
3288    forward same to the commission for recording and submission to
3289    the proper state officer. However, when requested by a state
3290    attorney or a public defender or the Judicial Qualifications
3291    Commission, the commission will either assist in the preparation
3292    of budget requests, voucher schedules, and other forms and
3293    reports or accomplish the entire project involved.
3294          Section 65. Section 43.26, Florida Statutes, is amended to
3295    read:
3296          43.26 ChiefPresidingjudge of circuit; selection;
3297    powers.--
3298          (1) The chiefpresidingjudge of each judicial circuit,
3299    who shall be a circuit judge, shall exercise administrative
3300    supervision over all the trial courts within the judicial
3301    circuit and over the judges and other officers of such courts.
3302          (2) The chiefpresidingjudge of the circuit shall have
3303    the power:
3304          (a) To assign judges to any division of the courtthe
3305    trial of civil or criminal cases, to preliminary hearings, or to
3306    divisionsand to determine the length of the assignment;
3307          (b) To assign clerks and bailiffs;
3308          (b)(c)To regulate use of courtrooms;
3309          (c)(d)To supervise dockets and calendars;
3310          (d)(e) To require attendance of state attorneys,
3311    prosecutors and public defenders, clerks, bailiffs, and all
3312    other officers of the court; and
3313          (e)(f)To do everything necessary to promote the prompt
3314    and efficient administration of justice in the courts over which
3315    he or she is chief judgepresides.
3316          (f) To delegate to the trial court administrator, by
3317    administrative order, the authority to bind the circuit in
3318    contract.
3319          (g) To manage, operate, and oversee the jury system as
3320    provided in s. 40.001.
3321          (3) The chiefpresidingjudge shall be responsible to the
3322    Chief Justice of the Supreme Court for such information as may
3323    be required by the Chief Justice, including, but not limited to,
3324    caseload, status of dockets, and disposition of cases in the
3325    courts over which he or she presides.
3326          (4) The presiding judge of the circuit shall be selected
3327    by a majority of the judges subject to this section in that
3328    circuit for a term of 2 years. The presiding judge may succeed
3329    himself or herself for successive terms.
3330          (4)(5)Failure of any judge, clerk, prosecutor, public
3331    defender, or other officer of the court to comply with an order
3332    or directive of the chiefpresidingjudge under this section
3333    shall constitute neglect of duty for which such officer may be
3334    suspended from office as provided by law.
3335          (5)(6) There may be a trial court administratoran
3336    executive assistant to the presiding judgewho shall perform
3337    such duties as the chiefpresidingjudge may direct.
3338          Section 66. Effective July 1, 2004, section 44.108,
3339    Florida Statutes, is amended to read:
3340          44.108 Funding of mediation and arbitration.--Mediation
3341    should be accessible to all parties regardless of financial
3342    status. A filing fee of $1 is levied on all proceedings in the
3343    circuit or county courts to fund mediation and arbitration
3344    services which are the responsibility of the Supreme Court
3345    pursuant to the provisions of s. 44.106. The clerk of the court
3346    shall forward the monies collected to the Department of Revenue
3347    for deposit in the state courts' Mediation and Arbitration Trust
3348    Fund.Each board of county commissioners may support mediation
3349    and arbitration services by appropriating moneys from county
3350    revenues and by:
3351          (1) Levying, in addition to other service charges levied
3352    by law, a service charge of no more than $5 on any circuit court
3353    proceeding, which shall be deposited in the court's mediation-
3354    arbitration account fund under the supervision of the chief
3355    judge of the circuit in which the county is located; and
3356          (2) Levying, in addition to other service charges levied
3357    by law, a service charge of no more than $5 on any county court
3358    proceeding, which shall be deposited in the county's mediation-
3359    arbitration account fund to be used to fund county civil
3360    mediation services under the supervision of the chief judge of
3361    the circuit in which the county is located.
3362          (3) Levying, in addition to other service charges levied
3363    by law, a service charge of no more than $45 on any petition for
3364    a modification of a final judgment of dissolution, which shall
3365    be deposited in the court's family mediation account fund to be
3366    used to fund family mediation services under the supervision of
3367    the chief judge of the circuit in which the county is located.
3368          (4) If a board of county commissioners levies the service
3369    charge authorized in subsection (1), subsection (2), or
3370    subsection (3), the clerk of the court shall forward $1 of each
3371    charge to the Department of Revenue for deposit in the state
3372    mediation and arbitration trust fund which is hereby
3373    established. Such fund shall be used by the Supreme Court to
3374    carry out its responsibilities set forth in s. 44.106.
3375          Section 67. Paragraph (b) of subsection (1) of section
3376    49.10, Florida Statutes, is amended to read:
3377          49.10 Notice of action, publication, proof.--
3378          (1)
3379          (b) In proceedings described in s. 49.011(4), (10), and
3380    (11), except in those counties where, pursuant to s. 50.071(3),
3381    notices are by law required to be published by designated record
3382    newspaper,the clerk of the court shall post notices of action
3383    in the manner prescribed by s. 49.11 when such notices are
3384    required of persons authorized to proceed as indigentinsolvent
3385    and poverty-stricken personsunder s. 57.081.
3386          Section 68. Effective July 1, 2004, subsection (5) of
3387    section 55.10, Florida Statutes, is amended to read:
3388          55.10 Judgments, orders, and decrees; lien of all,
3389    generally; extension of liens; transfer of liens to other
3390    security.--
3391          (5) Any lien claimed under this section may be
3392    transferred, by any person having an interest in the real
3393    property upon which the lien is imposed or the contract under
3394    which the lien is claimed, from such real property to other
3395    security by either depositing in the clerk's office a sum of
3396    money or filing in the clerk's office a bond executed as surety
3397    by a surety insurer licensed to do business in this state. Such
3398    deposit or bond shall be in an amount equal to the amount
3399    demanded in such claim of lien plus interest thereon at the
3400    legal rate for 3 years plus $500 to apply on any court costs
3401    which may be taxed in any proceeding to enforce said lien. Such
3402    deposit or bond shall be conditioned to pay any judgment, order,
3403    or decree which may be rendered for the satisfaction of the lien
3404    for which such claim of lien was recorded and costs plus $500
3405    for court costs. Upon such deposit being made or such bond being
3406    filed, the clerk shall make and record a certificate showing the
3407    transfer of the lien from the real property to the security and
3408    mail a copy thereof by registered or certified mail to the
3409    lienor named in the claim of lien so transferred, at the address
3410    stated therein. Upon the filing of the certificate of transfer,
3411    the real property shall thereupon be released from the lien
3412    claimed, and such lien shall be transferred to said security.
3413    The clerk shall be entitled to a fee of up to $15$10for making
3414    and serving the certificate. If the transaction involves the
3415    transfer of multiple liens, an additional charge of up to $7.50
3416    $5for each additional lien shall be charged. Any number of
3417    liens may be transferred to one such security.
3418          Section 69. Effective July 1, 2004, subsection (2) of
3419    section 55.141, Florida Statutes, is amended to read:
3420          55.141 Satisfaction of judgments and decrees; duties of
3421    clerk and judge.--
3422          (2) Upon such payment, the clerk, or the judge if there is
3423    no clerk, shall issue his or her receipt therefor and shall
3424    record a satisfaction of judgment, provided by the judgment
3425    holder, upon payment of the recording charge prescribed in s.
3426    28.24(12)(15)plus the necessary costs of mailing to the clerk
3427    or judge. The clerk or judge shall formally notify the owner of
3428    record of such judgment or decree, if such person and his or her
3429    address are known to the clerk or judge receiving such payment,
3430    and, upon request therefor, shall pay over to the person
3431    entitled, or to his or her order, the full amount of the payment
3432    so received, less his or her fees for issuing execution on such
3433    judgment or decree, if any has been issued, and less his or her
3434    fees for receiving into and paying out of the registry of the
3435    court such payment, together with the fees of the clerk for
3436    receiving into and paying such money out of the registry of the
3437    court.
3438          Section 70. Effective July 1, 2004, subsection (3) of
3439    section 55.505, Florida Statutes, is amended to read:
3440          55.505 Notice of recording; prerequisite to enforcement.--
3441          (3) No execution or other process for enforcement of a
3442    foreign judgment recorded hereunder shall issue until 30 days
3443    after the mailing of notice by the clerk and payment of a
3444    service charge of up to $37.50$25to the clerk. When an action
3445    authorized in s. 55.509(1) is filed, it acts as an automatic
3446    stay of the effect of this section.
3447          Section 71. Effective July 1, 2004, subsection (1) of
3448    section 57.081, Florida Statutes, is amended to read:
3449          57.081 Costs; right to proceed where prepayment of costs
3450    waived.--
3451          (1) Any indigent person, except a prisoner as defined in
3452    s. 57.085, who is a party or intervenor in any judicial or
3453    administrative agency proceeding or who initiates such
3454    proceeding shall receive the services of the courts, sheriffs,
3455    and clerks, with respect to such proceedings, despite his or her
3456    present inability to pay for these serviceswithout charge. Such
3457    services are limited to filing fees; service of process;
3458    certified copies of orders or final judgments; a single
3459    photocopy of any court pleading, record, or instrument filed
3460    with the clerk; examining fees; mediation services and fees;
3461    privatecourt-appointed counsel fees; subpoena fees and
3462    services; service charges for collecting and disbursing funds;
3463    and any other cost or service arising out of pending litigation.
3464    In any appeal from an administrative agency decision, for which
3465    the clerk is responsible for preparing the transcript, the clerk
3466    shall recordwaivethe cost of preparing the transcripts and the
3467    cost for copies of any exhibits in the record. Prepayment of
3468    costs to any court, clerk, or sheriff is not required in any
3469    action if the party has obtained from theclerkin each
3470    proceeding a certification of indigence in accordance with s.
3471    27.52indigency, based on an affidavit of the applicant claiming
3472    that the applicant is indigent and unable to pay the charges
3473    otherwise payable by law to any of such officers, providing the
3474    details of the applicant's financial condition, and containing a
3475    statement that certifies that no person has been paid or
3476    promised any payment of any remuneration by the applicant for
3477    services performed on behalf of the applicant in connection with
3478    the action or proceeding. However, when the person is
3479    represented by an attorney, the person need not file an
3480    affidavit in order to be exempt from payment of charges under
3481    this subsection. A represented person is exempt from charges
3482    under this subsection if the attorney of such person files a
3483    written certificate, signed by the attorney, certifying that the
3484    attorney has made an investigation to ascertain the financial
3485    condition of the client and has found the client to be indigent;
3486    that the attorney has investigated the nature of the applicant's
3487    position and in the attorney's opinion it is meritorious as a
3488    matter of law; and that the attorney has not been paid or
3489    promised payment of any remuneration for services and intends to
3490    act as attorney for the applicant without compensation. On the
3491    failure or refusal of the clerk to issue a certificate of
3492    indigency, the applicant is entitled to a review of the
3493    application for the certificate by the court having jurisdiction
3494    of the cause of action.
3495          Section 72. Effective July 1, 2004, subsections (2), (3),
3496    (4), (5), and (8) of section 57.085, Florida Statutes, are
3497    amended to read:
3498          57.085 Waiver of prepayment of court costs and fees for
3499    indigent prisoners.--
3500          (2) When a prisoner who is intervening in or initiating a
3501    judicial proceeding seeks to defer thewaiver ofprepayment of
3502    court costs and fees because of indigenceindigency, the
3503    prisoner must file an affidavit of indigenceindigencywith the
3504    appropriate clerk of the court. The affidavit must contain
3505    complete information about the prisoner's identity; the nature
3506    and amount of the prisoner's income; all real property owned by
3507    the prisoner; all tangible and intangible property worth more
3508    than $100 which is owned by the prisoner; the amount of cash
3509    held by the prisoner; the balance of any checking, savings, or
3510    money market account held by the prisoner; the prisoner's
3511    dependents, including their names and ages; the prisoner's
3512    debts, including the name of each debtor and the amount owed to
3513    each debtor; and the prisoner's monthly expenses. The prisoner
3514    must certify in the affidavit whether the prisoner has been
3515    adjudicated indigent under this section, certified indigent
3516    under s. 57.081, or authorized to proceed as an indigent under
3517    28 U.S.C. s. 1915 by a federal court. The prisoner must attach
3518    to the affidavit a photocopy of the prisoner's trust account
3519    records for the preceding 6 months or for the length of the
3520    prisoner's incarceration, whichever period is shorter. The
3521    affidavit must contain the following statements: "I am unable to
3522    pay court costs and fees. Under penalty of perjury, I swear or
3523    affirm that all statements in this affidavit are true and
3524    complete."
3525          (3) Before a prisoner may receive a deferralwaiverof
3526    prepayment of any court costs and fees for an action brought
3527    under this section, the clerk of court must review the affidavit
3528    of indigency and certifyadjudicate the prisoner isindigent.
3529          (4) When the clerk has issued a certificate of indigence
3530    under this sectiona court adjudicates a prisoner indigentbut
3531    concludes, from the affidavit of indigency or other information,
3532    thatthe prisoner is able to pay part of the court costs and
3533    fees required by law, the court shall order the prisoner to
3534    make, prior to service of process, an initial partial payment of
3535    those court costs and fees. The initial partial payment must
3536    total at least 20 percent of the average monthly balance of the
3537    prisoner's trust account for the preceding 6 months or for the
3538    length of the prisoner's incarceration, whichever period is
3539    shorter.
3540          (5) When the clerk has issued a certificate of indigencea
3541    court adjudicates a prisoner indigentunder this section, the
3542    court shall order the prisoner to make monthly payments of no
3543    less than 20 percent of the balance of the prisoner's trust
3544    account as payment of court costs and fees. When a court orders
3545    such payment, the Department of Corrections or the local
3546    detention facility shall place a lien on the inmate's trust
3547    account for the full amount of the court costs and fees, and
3548    shall withdraw money maintained in that trust account and
3549    forward the money, when the balance exceeds $10, to the
3550    appropriate clerk of the court until the prisoner's court costs
3551    and fees are paid in full.
3552          (8) In any judicial proceeding in which a certificate of
3553    indigence has been issued to a prisoner has been adjudicated
3554    indigent and has been granted a full or partial waiver of court
3555    costs and fees, the court may at any time dismiss the prisoner's
3556    action, in whole or in part, upon a finding that:
3557          (a) The prisoner's claim of indigenceindigencyis false
3558    or misleading;
3559          (b) The prisoner provided false or misleading information
3560    regarding another judicial or administrative proceeding in which
3561    the prisoner was a party;
3562          (c) The prisoner failed to pay court costs and fees
3563    assessedunder this section despite having the ability to pay;
3564    or
3565          (d) The prisoner's action or a portion of the action is
3566    frivolous or malicious.
3567          Section 73. Effective July 1, 2004, paragraphs (d), (e),
3568    and (f) of subsection (6) of section 61.14, Florida Statutes,
3569    are amended to read:
3570          61.14 Enforcement and modification of support,
3571    maintenance, or alimony agreements or orders.--
3572          (6)
3573          (d) The court shall hear the obligor's motion to contest
3574    the impending judgment within 15 days after the date of the
3575    filing of the motion. Upon the court's denial of the obligor's
3576    motion, the amount of the delinquency and all other amounts
3577    which thereafter become due, together with costs and a fee of up
3578    to $7.50$5, become a final judgment by operation of law against
3579    the obligor. The depository shall charge interest at the rate
3580    established in s. 55.03 on all judgments for support.
3581          (e) If the obligor fails to file a motion to contest the
3582    impending judgment within the time limit prescribed in paragraph
3583    (c) and fails to pay the amount of the delinquency and all other
3584    amounts which thereafter become due, together with costs and a
3585    fee of up to $7.50$5, such amounts become a final judgment by
3586    operation of law against the obligor at the expiration of the
3587    time for filing a motion to contest the impending judgment.
3588          (f)1. Upon request of any person, the local depository
3589    shall issue, upon payment of a fee of up to $7.50$5, a payoff
3590    statement of the total amount due under the judgment at the time
3591    of the request. The statement may be relied upon by the person
3592    for up to 30 days from the time it is issued unless proof of
3593    satisfaction of the judgment is provided.
3594          2. When the depository records show that the obligor's
3595    account is current, the depository shall record a satisfaction
3596    of the judgment upon request of any interested person and upon
3597    receipt of the appropriate recording fee. Any person shall be
3598    entitled to rely upon the recording of the satisfaction.
3599          3. The local depository, at the direction of the
3600    department, or the obligee in a non-IV-D case, may partially
3601    release the judgment as to specific real property, and the
3602    depository shall record a partial release upon receipt of the
3603    appropriate recording fee.
3604          4. The local depository is not liable for errors in its
3605    recordkeeping, except when an error is a result of unlawful
3606    activity or gross negligence by the clerk or his or her
3607    employees.
3608          Section 74. Paragraph (b) of subsection (2) of section
3609    61.181, Florida Statutes, is amended to read:
3610          61.181 Depository for alimony transactions, support,
3611    maintenance, and support payments; fees.--
3612          (2)
3613          (b)1. For the period of July 1, 1992, through June 30,
3614    20042003, The fee imposed in paragraph (a) shall be increased
3615    to 4 percent of the support payments which the party is
3616    obligated to pay, except that no fee shall be more than $5.25.
3617    The fee shall be considered by the court in determining the
3618    amount of support that the obligor is, or may be, required to
3619    pay. Notwithstanding the provisions of s. 145.022, 75 percent of
3620    the additional revenues generated by this paragraph shall be
3621    remitted monthly to the Clerk of the Court Child Support
3622    Enforcement Collection System Trust Fund administered by the
3623    department as provided in subparagraph 2. These funds shall be
3624    used exclusively for the development, implementation, and
3625    operation of the Clerk of the Court Child Support Enforcement
3626    Collection System to be operated by the depositories, including
3627    the automation of civil case information necessary for the State
3628    Case Registry. The department shall contract with the Florida
3629    Association of Court Clerks and the depositories to design,
3630    establish, operate, upgrade, and maintain the automation of the
3631    depositories to include, but not be limited to, the provision of
3632    on-line electronic transfer of information to the IV-D agency as
3633    otherwise required by this chapter. The department's obligation
3634    to fund the automation of the depositories is limited to the
3635    state share of funds available in the Clerk of the Court Child
3636    Support Enforcement Collection System Trust Fund. Each
3637    depository created under this section shall fully participate in
3638    the Clerk of the Court Child Support Enforcement Collection
3639    System and transmit data in a readable format as required by the
3640    contract between the Florida Association of Court Clerks and the
3641    department.
3642          2. Moneys to be remitted to the department by the
3643    depository shall be done daily by electronic funds transfer and
3644    calculated as follows:
3645          a. For each support payment of less than $33, 18.75 cents.
3646          b. For each support payment between $33 and $140, an
3647    amount equal to 18.75 percent of the fee charged.
3648          c. For each support payment in excess of $140, 18.75
3649    cents.
3650          3. The fees established by this section shall be set forth
3651    and included in every order of support entered by a court of
3652    this state which requires payment to be made into the
3653    depository.
3654          Section 75. Subsections (2) and (6) of section 61.21,
3655    Florida Statutes, are amended to read:
3656          61.21 Parenting course authorized; fees; required
3657    attendance authorized; contempt.--
3658          (2) The Department of Children and Family ServicesAll
3659    judicial circuits in the stateshall approve a parenting course
3660    which shall be a course of a minimum of 4 hours designed to
3661    educate, train, and assist divorcing parents in regard to the
3662    consequences of divorce on parents and children.
3663          (a) The parenting course referred to in this section shall
3664    be named the Parent Education and Family Stabilization Course
3665    and may include, but need not be limited to, the following
3666    topics as they relate to court actions between parents involving
3667    custody, care, visitation, and support of a child or children:
3668          1. Legal aspects of deciding child-related issues between
3669    parents.
3670          2. Emotional aspects of separation and divorce on adults.
3671          3. Emotional aspects of separation and divorce on
3672    children.
3673          4. Family relationships and family dynamics.
3674          5. Financial responsibilities to a child or children.
3675          6. Issues regarding spousal or child abuse and neglect.
3676          7. Skill-based relationship education that may be
3677    generalized to parenting, workplace, school, neighborhood, and
3678    civic relationships.
3679          (b) Information regarding spousal and child abuse and
3680    neglect shall be included in every parent education and family
3681    stabilization course. A list of local agencies that provide
3682    assistance with such issues shall also be provided.
3683          (c) The parent education and family stabilization course
3684    shall be educational in nature and shall not be designed to
3685    provide individual mental health therapy for parents or
3686    children, or individual legal advice to parents or children.
3687          (d) Course providers shall not solicit participants from
3688    the sessions they conduct to become private clients or patients.
3689          (e) Course providers shall not give individual legal
3690    advice or mental health therapy.
3691          (6) The department shall provide each judicial circuit
3692    withmayestablish a list of approvedregistry ofcourse
3693    providers and sites at which the parent education and family
3694    stabilization course required by this section may be completed.
3695    The departmentcourt shall also include onwithin the list
3696    registryof course providers and sites at least one site in each
3697    circuit at which the parent education and family stabilization
3698    course may be completed on a sliding fee scale, if available.
3699          Section 76. Effective July 1, 2004, section 77.28, Florida
3700    Statutes, is amended to read:
3701          77.28 Garnishment; attorney's fees, costs, expenses;
3702    deposit required.--Before issuance of any writ of garnishment,
3703    the party applying for it shall deposit $100 in the registry of
3704    the court which shall be paid to the garnishee on the
3705    garnishee's demand at any time after the service of the writ for
3706    the payment or part payment of his or her attorney's fee which
3707    the garnishee expends or agrees to expend in obtaining
3708    representation in response to the writ. At the time of deposit,
3709    the clerk shall collect the statutory fee provided by s.
3710    28.24(10)(13)in addition to the $100 deposited into the
3711    registry of the court. On rendering final judgment, the court
3712    shall determine the garnishee's costs and expenses, including a
3713    reasonable attorney's fee, and in the event of a judgment in
3714    favor of the plaintiff, the amount shall be subject to offset by
3715    the garnishee against the defendant whose property or debt owing
3716    is being garnished. In addition, the court shall tax the
3717    garnishee's costs and expenses as costs. Plaintiff may recover
3718    in this manner the sum advanced by plaintiff and paid into
3719    registry of court, and if the amount allowed by the court is
3720    greater than the amount of the deposit, together with any
3721    offset, judgment for the garnishee shall be entered against the
3722    party against whom the costs are taxed for the deficiency.
3723          Section 77. Paragraph (a) of subsection (2) of section
3724    92.153, Florida Statutes, is amended to read:
3725          92.153 Production of documents by witnesses; reimbursement
3726    of costs.--
3727          (2) REIMBURSEMENT OF A DISINTERESTED WITNESS.--
3728          (a) In any proceeding, a disinterested witness shall be
3729    paid for any costs the witness reasonably incurs either directly
3730    or indirectly in producing, searching for, reproducing, or
3731    transporting documents pursuant to a summons; however, the cost
3732    of documents produced pursuant to a subpoena or records request
3733    by a state attorney or public defender may not exceed 15 cents
3734    per page and $10 per hour for research or retrieval.
3735          Section 78. Effective July 1, 2004, section 92.231,
3736    Florida Statutes, is amended to read:
3737          92.231 Expert witnesses; fee.--
3738          (1) The term "expert witness" as used herein shall apply
3739    to any witness who offers himself or herself in the trial of any
3740    civilaction as an expert witness or who is subpoenaed to
3741    testify in such capacity before a state attorney in the
3742    investigation of a criminal matter, or before a grand jury, and
3743    who is permitted by the court to qualify and testify as such,
3744    upon any matter pending before any court.
3745          (2) Any expert or skilled witness who shall have testified
3746    in any cause shall be allowed a witness fee including the cost
3747    of any exhibits used by such witness in anthe amount agreed to
3748    by the partiesof $10 per hour or such amount as the trial judge
3749    may deem reasonable, and the same shall be taxed as costs. In
3750    instances where services are provided for the state, including
3751    for state-paid private court-appointed counsel, payment from
3752    state funds shall be in accordance with standards adopted by the
3753    Legislature after receiving recommendations from the Article V
3754    Indigent Services Advisory Board.
3755          (3) In a criminal case in which the state or an indigent
3756    defendant requires the services of an expert witness whose
3757    opinion is relevant to the issues of the case, the expert
3758    witness shall be compensated in accordance with standards
3759    adopted by the Legislature after receiving recommendations from
3760    the Article V Indigent Services Advisory Board.
3761          Section 79. Section 914.09, Florida Statutes, is
3762    renumbered as section 92.233, Florida Statutes, and amended to
3763    read:
3764          92.233914.09Compensation of witness summoned in two or
3765    more criminal cases.--A witness subpoenaed in two or more
3766    criminalcases pending at the same time shall be paid one charge
3767    for per diem and mileage, but when the costs are taxed against
3768    the defendant, a witness may charge the full amount in each
3769    case.
3770          Section 80. Effective July 1, 2004, section 125.69,
3771    Florida Statutes, is amended to read:
3772          125.69 Penalties; enforcement by code inspectors.--
3773          (1) Violations of county ordinances shall be prosecuted in
3774    the same manner as misdemeanors are prosecuted. Such violations
3775    shall be prosecuted in the name of the countystatein a court
3776    having jurisdiction of misdemeanors by the prosecuting attorney
3777    thereof and upon conviction shall be punished by a fine not to
3778    exceed $500 or by imprisonment in the county jail not to exceed
3779    60 days or by both such fine and imprisonment. However, a county
3780    may specify, by ordinance, a violation of a county ordinance
3781    which is punishable by a fine in an amount exceeding $500, but
3782    not exceeding $2,000 a day, if the county must have authority to
3783    punish a violation of that ordinance by a fine in an amount
3784    greater than $500 in order for the county to carry out a
3785    federally mandated program.
3786          (2) For the purpose of prosecuting violations of special
3787    laws and county ordinances notwithstanding the prosecutorial
3788    authority of the state attorney pursuant to s. 27.02(1), the
3789    board of county commissioners of each county and the governing
3790    board of each charter county may designate as the county's
3791    prosecuting attorney an attorney employed by the county or a
3792    contract attorney. Subject to the control and oversight of the
3793    appointing authority, such attorney may employ assistants as
3794    necessary. Such person shall have all powers exercisable by the
3795    state attorney in the prosecution of violations of county
3796    ordinances under this section as of June 30, 2004. Such person
3797    shall be subject to suspension and removal by the Governor and
3798    Senate from the exercise of prosecutorial powers in the same
3799    manner as state attorneys.
3800          (3) Each county is authorized and required to pay any
3801    attorney appointed by the court to represent a defendant
3802    prosecuted under this section if the provision of an attorney at
3803    public expense is required by the Constitution of the United
3804    States or the Constitution of the State of Florida and if the
3805    party is indigent as established pursuant to s. 27.52. In such
3806    cases, the court shall appoint counsel to represent the
3807    defendant in accordance with s. 27.40, and shall order the
3808    county to pay the reasonable fees, expenses, and costs of such
3809    defense.
3810          (4) The county shall bear all court fees and costs of any
3811    prosecution under this section, and may, if it prevails, recover
3812    the court fees and costs paid by it and the fees and expenses
3813    paid to court-appointed counsel as part of its judgment. The
3814    state shall bear no expense of actions brought under this
3815    section except those that it would bear in an ordinary civil
3816    action between private parties in county court.
3817          (5)(2)The board of county commissioners of each county
3818    may designate its agents or employees as code inspectors whose
3819    duty it is to assure code compliance. Any person designated as a
3820    code inspector may issue citations for violations of county
3821    codes and ordinances, respectively, or subsequent amendments
3822    thereto, when such code inspector has actual knowledge that a
3823    violation has been committed.
3824          (a) Prior to issuing a citation, a code inspector shall
3825    provide notice to the violator that the violator has committed a
3826    violation of a code or ordinance and shall establish a
3827    reasonable time period within which the violator must correct
3828    the violation. Such time period shall be no more than 30 days.
3829    If, upon personal investigation, a code inspector finds that the
3830    violator has not corrected the violation within the time period,
3831    a code inspector may issue a citation to the violator. A code
3832    inspector does not have to provide the violator with a
3833    reasonable time period to correct the violation prior to issuing
3834    a citation and may immediately issue a citation if the code
3835    inspector has reason to believe that the violation presents a
3836    serious threat to the public health, safety, or welfare, or if
3837    the violation is irreparable or irreversible.
3838          (b) A citation issued by a code inspector shall state the
3839    date and time of issuance, name and address of the person in
3840    violation, date of the violation, section of the codes or
3841    ordinances, or subsequent amendments thereto, violated, name of
3842    the code inspector, and date and time when the violator shall
3843    appear in county court.
3844          (c) If a repeat violation is found subsequent to the
3845    issuance of a citation, the code inspector is not required to
3846    give the violator a reasonable time to correct the violation and
3847    may immediately issue a citation. For purposes of this
3848    subsection, the term "repeat violation" means a violation of a
3849    provision of a code or ordinance by a person who has previously
3850    been found to have violated the same provision within 5 years
3851    prior to the violation, notwithstanding the violations occurred
3852    at different locations.
3853          (d) If the owner of property which is subject to an
3854    enforcement proceeding before county court transfers ownership
3855    of such property between the time the initial citation or
3856    citations are issued and the date the violator has been summoned
3857    to appear in county court, such owner shall:
3858          1. Disclose, in writing, the existence and the nature of
3859    the proceeding to the prospective transferee.
3860          2. Deliver to the prospective transferee a copy of the
3861    pleadings, notices, and other materials relating to the county
3862    court proceeding received by the transferor.
3863          3. Disclose, in writing, to the prospective transferee
3864    that the new owner will be responsible for compliance with the
3865    applicable code and with orders issued in the county court
3866    proceeding.
3867          4. File a notice with the code enforcement official of the
3868    transfer of the property, with the identity and address of the
3869    new owner and copies of the disclosures made to the new owner,
3870    within 5 days after the date of the transfer.
3871         
3872          A failure to make the disclosure described in subparagraphs 1.,
3873    2., and 3. before the transfer creates a rebuttable presumption
3874    of fraud. If the property is transferred before the date the
3875    violator has been summoned to appear in county court, the
3876    proceeding shall not be dismissed but the new owner will be
3877    substituted as the party of record and thereafter provided a
3878    reasonable period of time to correct the violation before the
3879    continuation of proceedings in county court.
3880          (e) If the code inspector has reason to believe a
3881    violation or the condition causing the violation presents a
3882    serious threat to the public health, safety, and welfare or if
3883    the violation is irreparable or irreversible in nature, or if
3884    after attempts under this section to bring a repeat violation
3885    into compliance with a provision of a code or ordinance prove
3886    unsuccessful, the local governing body may make all reasonable
3887    repairs which are required to bring the property into compliance
3888    and charge the owner with the reasonable cost of the repairs
3889    along with the fine imposed pursuant to this section. Making
3890    such repairs does not create a continuing obligation on the part
3891    of the local governing body to make further repairs or to
3892    maintain the property and does not create any liability against
3893    the local governing body for any damages to the property if such
3894    repairs were completed in good faith.
3895          (f) Nothing in this subsection shall be construed to
3896    authorize any person designated as a code inspector to perform
3897    any function or duties of a law enforcement officer other than
3898    as specified in this subsection. A code inspector shall not make
3899    physical arrests or take any person into custody and shall be
3900    exempt from requirements relating to the Special Risk Class of
3901    the Florida Retirement System, bonding, and the Criminal Justice
3902    Standards and Training Commission, as defined and provided by
3903    general law.
3904          (g) The provisions of this subsection shall not apply to
3905    the enforcement pursuant to ss. 553.79 and 553.80 of the Florida
3906    Building Code adopted pursuant to s. 553.73 as applied to
3907    construction, provided that a building permit is either not
3908    required or has been issued by the county.
3909          (h) The provisions of this subsection may be used by a
3910    county in lieu of the provisions of part II of chapter 162.
3911          (i) The provisions of this subsection are additional or
3912    supplemental means of enforcing county codes and ordinances.
3913    Except as provided in paragraph (h), nothing in this subsection
3914    shall prohibit a county from enforcing its codes or ordinances
3915    by any other means.
3916          Section 81. Effective July 1, 2004, section 142.01,
3917    Florida Statutes, is amended to read:
3918          142.01 Fine and forfeiture fund contents.--There shall be
3919    established by the clerk of the circuit court in eachevery
3920    county of this state a separate fund to be known as the fine and
3921    forfeiture fund for use by the clerk of the circuit court in
3922    performing court-related functions. TheSaidfund shall consist
3923    of all fines and forfeitures collected by the clerk of the court
3924    for violations ofin the county under the penal or trafficlaws
3925    of the state, except those fines imposed under s. 775.0835(1);
3926    allocations of court costs and civil penalties pursuant to ss.
3927    318.18 and 318.21;andassessments imposed under ss. 938.21,
3928    938.23, and 938.25; and all costs refunded to the county.; all
3929    funds arising from the hire or other disposition of convicts;
3930    and the proceeds of any special tax that may be levied by the
3931    county commissioners for expenses of criminal prosecutions. Said
3932    funds shall be paid out only for criminal expenses, fees, and
3933    costs, where the crime was committed in the county and the fees
3934    and costs are a legal claim against the county, in accordance
3935    with the provisions of this chapter. Any surplus funds remaining
3936    in the fine and forfeiture fund at the end of a fiscal year may
3937    be transferred to the county general fund.
3938          Section 82. Effective July 1, 2004, section 142.02,
3939    Florida Statutes, is amended to read:
3940          142.02 Levy of a special tax.--The board of county
3941    commissioners of every county may levy a special tax, not to
3942    exceed 2 mills, upon the real and personal property of the
3943    respective counties, to be assessed and collected as other
3944    county taxes are assessed and collected, for such costs of
3945    criminal prosecutions. Proceeds of the special tax funds shall
3946    be paid out only for criminal expenses, fees, and costs, if the
3947    crime was committed in the county, and the fees and costs are a
3948    legal claim against the county, in accordance with the
3949    provisions of this chapter. Any surplus funds remaining from the
3950    tax to fund criminal prosecutions at the end of a fiscal year
3951    may be transferred to the county general revenue fund.
3952          Section 83. Effective July 1, 2004, section 142.03,
3953    Florida Statutes, is amended to read:
3954          142.03 Disposition of fines, forfeitures, and civil
3955    penalties.--Except as to fines, forfeitures, and civil penalties
3956    collected in cases involving violations of municipal ordinances,
3957    violations of chapter 316 committed within a municipality, or
3958    infractions under the provisions of chapter 318 committed within
3959    a municipality, in which cases such fines, forfeitures, and
3960    civil penalties shall be fully paid monthly to the appropriate
3961    municipality as provided in ss. 34.191, 316.660, and 318.21, and
3962    except as to fines imposed under s. 775.0835(1), and assessments
3963    imposed under ss. 938.21, 938.23, and 938.25, all fines imposed
3964    under the penal laws of this state in all other cases, and the
3965    proceeds of all forfeited bail bonds or recognizances in all
3966    other cases, shall be paid into the fine and forfeiture fund of
3967    the clerk of thecounty in which the indictment was found or the
3968    prosecution commenced, and judgment must be entered therefor in
3969    favor of the state for the use by the clerk of the circuit court
3970    in performing court-related functionsof the particular county.
3971          Section 84. Effective July 1, 2004, section 142.15,
3972    Florida Statutes, is amended to read:
3973          142.15 Prisoner confined in different county.--Where the
3974    prisoner is confined in the jail of a different county from the
3975    one in which the crime was committed, then the sheriff's bill
3976    for feeding such prisoner shall be presented to the board of
3977    county commissioners of the county in which the crime is alleged
3978    to have been committed, and paid by such county. If the sheriff
3979    should subsequently collect any such fees for feeding a
3980    prisoner, he or she shall pay the same to the county in which
3981    the crime is alleged to have been committeddepository, to go
3982    into the fine and forfeiture fund. The county commissioners
3983    shall see that there is always set aside and retained in the
3984    fine and forfeiture fund out of the moneys collected from the
3985    special tax authorized to be collected for such fund, enough
3986    cash to pay for keeping and feeding such prisoners.
3987          Section 85. Effective July 1, 2004, section 142.16,
3988    Florida Statutes, is amended to read:
3989          142.16 Change of venue.--In case of change of venue in any
3990    case, all fines and forfeitures in such case go to the clerk in
3991    the county in which the case was adjudicatedindictment was
3992    found, and the fees of all officers and witnesses are a charge
3993    upon the county in which the indictment was found, in like
3994    manner as if the trial had not been removed. All costs and fees
3995    arising from the coroner's inquest shall be a charge upon the
3996    county where the inquest is held, and shall be payable from the
3997    general revenue fund of the county.
3998          Section 86. Effective July 1, 2004, subsection (3) of
3999    section 145.022, Florida Statutes, is amended to read:
4000          145.022 Guaranteed salary upon resolution of board of
4001    county commissioners.--
4002          (3) This section shall not apply to county property
4003    appraisers or clerks of the circuit and county courts in the
4004    performance of their court-related functions.
4005          Section 87. Effective July 1, 2004, section 162.30,
4006    Florida Statutes, is created to read:
4007          162.30 Civil actions to enforce county and municipal
4008    ordinances.--In addition to other provisions of law authorizing
4009    the enforcement of county and municipal codes and ordinances, a
4010    county or municipality may enforce any violation of a county or
4011    municipal code or ordinance by filing a civil action in the same
4012    manner as instituting a civil action. The action shall be
4013    brought in county or circuit court, whichever is appropriate
4014    depending upon the relief sought. Counties and municipalities
4015    are authorized and required to pay any counsel appointed by the
4016    court to represent a private party in such action if the
4017    provision of counsel at public expense is required by the
4018    Constitution of the United States or the Constitution of the
4019    State of Florida and if the party is indigent as established
4020    pursuant to s. 27.52. The county or municipality shall bear all
4021    court fees and costs of any such action, and may, if it
4022    prevails, recover the court fees and costs and expense of the
4023    court-appointed counsel as part of its judgment. The state shall
4024    bear no expense of actions brought under this section except
4025    those that it would bear in an ordinary civil action between
4026    private parties in county court.
4027          Section 88. Effective July 1, 2004, section 197.532,
4028    Florida Statutes, is amended to read:
4029          197.532 Fees for mailing additional notices, when
4030    application is made by holder.--When the certificateholder makes
4031    a written request of the clerk and furnishes the names and
4032    addresses at the time of the filing of the application, the
4033    clerk shall send a copy of the notice referred to in s. 197.522
4034    to anyone to whom the certificateholder may request him or her
4035    to send it, and the clerk shall include in such notice the
4036    statement required in s. 197.522. The certificateholder shall
4037    pay the clerk the service charges as prescribed in s.
4038    28.24(5)(8)for preparing and mailing each copy of notice
4039    requested by the holder. When the charges are made, they shall
4040    be added by the clerk to the amount required to redeem the land
4041    from sale.
4042          Section 89. Effective July 1, 2004, subsection (3) of
4043    section 197.542, Florida Statutes, is amended to read:
4044          197.542 Sale at public auction.--
4045          (3) If the sale is canceled for any reason, the clerk
4046    shall immediately readvertise the sale to be held no later than
4047    30 days after the date the sale was canceled. Only one
4048    advertisement is necessary. No further notice is required. The
4049    amount of the statutory (opening) bid shall be increased by the
4050    cost of advertising, additional clerk's fees as provided for in
4051    s. 28.24(21)(26), and interest as provided for in subsection
4052    (1). The clerk shall receive full payment prior to the issuance
4053    of the tax deed.
4054          Section 90. Effective July 1, 2004, subsection (2) of
4055    section 197.582, Florida Statutes, is amended to read:
4056          197.582 Disbursement of proceeds of sale.--
4057          (2) If the property is purchased for an amount in excess
4058    of the statutory bid of the certificateholder, the excess shall
4059    be paid over and disbursed by the clerk. If the property
4060    purchased is homestead property and the statutory bid includes
4061    an amount equal to at least one-half of the assessed value of
4062    the homestead, that amount shall be treated as excess and
4063    distributed in the same manner. The clerk shall distribute the
4064    excess to the governmental units for the payment of any lien of
4065    record held by a governmental unit against the property. In the
4066    event the excess is not sufficient to pay all of such liens in
4067    full, the excess shall then be paid to each governmental unit
4068    pro rata. If, after all liens of record of the governmental
4069    units upon the property are paid in full, there remains a
4070    balance of undistributed funds, the balance of the purchase
4071    price shall be retained by the clerk for the benefit of the
4072    persons described in s. 197.522(1)(a), as their interests may
4073    appear. The clerk shall mail notices to such persons notifying
4074    them of the funds held for their benefit. Any service charges,
4075    at the same rate as prescribed in s. 28.24(10)(13), and costs of
4076    mailing notices shall be paid out of the excess balance held by
4077    the clerk. Excess proceeds shall be held and disbursed in the
4078    same manner as unclaimed redemption moneys in s. 197.473. In the
4079    event excess proceeds are not sufficient to cover the service
4080    charges and mailing costs, the clerk shall receive the total
4081    amount of excess proceeds as a service charge.
4082          Section 91. Effective July 1, 2004, paragraph (d) of
4083    subsection (2) of section 212.055, Florida Statutes, is amended
4084    to read:
4085          212.055 Discretionary sales surtaxes; legislative intent;
4086    authorization and use of proceeds.--It is the legislative intent
4087    that any authorization for imposition of a discretionary sales
4088    surtax shall be published in the Florida Statutes as a
4089    subsection of this section, irrespective of the duration of the
4090    levy. Each enactment shall specify the types of counties
4091    authorized to levy; the rate or rates which may be imposed; the
4092    maximum length of time the surtax may be imposed, if any; the
4093    procedure which must be followed to secure voter approval, if
4094    required; the purpose for which the proceeds may be expended;
4095    and such other requirements as the Legislature may provide.
4096    Taxable transactions and administrative procedures shall be as
4097    provided in s. 212.054.
4098          (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.
4099          (d)1. The proceeds of the surtax authorized by this
4100    subsection and any interest accrued thereto shall be expended by
4101    the school district or within the county and municipalities
4102    within the county, or, in the case of a negotiated joint county
4103    agreement, within another county, to finance, plan, and
4104    construct infrastructure and to acquire land for public
4105    recreation or conservation or protection of natural resources
4106    and to finance the closure of county-owned or municipally owned
4107    solid waste landfills that are already closed or are required to
4108    close by order of the Department of Environmental Protection.
4109    Any use of such proceeds or interest for purposes of landfill
4110    closure prior to July 1, 1993, is ratified. Neither the proceeds
4111    nor any interest accrued thereto shall be used for operational
4112    expenses of any infrastructure, except that any county with a
4113    population of less than 75,000 that is required to close a
4114    landfill by order of the Department of Environmental Protection
4115    may use the proceeds or any interest accrued thereto for long-
4116    term maintenance costs associated with landfill closure.
4117    Counties, as defined in s. 125.011(1), and charter counties may,
4118    in addition, use the proceeds and any interest accrued thereto
4119    to retire or service indebtedness incurred for bonds issued
4120    prior to July 1, 1987, for infrastructure purposes, and for
4121    bonds subsequently issued to refund such bonds. Any use of such
4122    proceeds or interest for purposes of retiring or servicing
4123    indebtedness incurred for such refunding bonds prior to July 1,
4124    1999, is ratified.
4125          2. For the purposes of this paragraph, "infrastructure"
4126    means:
4127          a. Any fixed capital expenditure or fixed capital outlay
4128    associated with the construction, reconstruction, or improvement
4129    of public facilities which have a life expectancy of 5 or more
4130    years and any land acquisition, land improvement, design, and
4131    engineering costs related thereto.
4132          b. A fire department vehicle, an emergency medical service
4133    vehicle, a sheriff's office vehicle, a police department
4134    vehicle, or any other vehicle, and such equipment necessary to
4135    outfit the vehicle for its official use or equipment that has a
4136    life expectancy of at least 5 years.
4137          c. Any expenditure for the construction, lease, or
4138    maintenance of, or provision of utilities or security for,
4139    facilities as defined in s. 29.008.
4140          3. Notwithstanding any other provision of this subsection,
4141    a discretionary sales surtax imposed or extended after the
4142    effective date of this act may provide for an amount not to
4143    exceed 15 percent of the local option sales surtax proceeds to
4144    be allocated for deposit to a trust fund within the county's
4145    accounts created for the purpose of funding economic development
4146    projects of a general public purpose targeted to improve local
4147    economies, including the funding of operational costs and
4148    incentives related to such economic development. The ballot
4149    statement must indicate the intention to make an allocation
4150    under the authority of this subparagraph.
4151          Section 92. Effective July 1, 2004, paragraph (d) of
4152    subsection (6) of section 212.20, Florida Statutes, as amended
4153    by section 1 of chapter 2002-291, Laws of Florida, is amended to
4154    read:
4155          212.20 Funds collected, disposition; additional powers of
4156    department; operational expense; refund of taxes adjudicated
4157    unconstitutionally collected.--
4158          (6) Distribution of all proceeds under this chapter and s.
4159    202.18(1)(b) and (2)(b) shall be as follows:
4160          (d) The proceeds of all other taxes and fees imposed
4161    pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
4162    and (2)(b) shall be distributed as follows:
4163          1. In any fiscal year, the greater of $500 million, minus
4164    an amount equal to 4.6 percent of the proceeds of the taxes
4165    collected pursuant to chapter 201, or 5 percent of all other
4166    taxes and fees imposed pursuant to this chapter or remitted
4167    pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
4168    monthly installments into the General Revenue Fund.
4169          2. Two-tenths of one percent shall be transferred to the
4170    Ecosystem Management and Restoration Trust Fund to be used for
4171    water quality improvement and water restoration projects.
4172          3. After the distribution under subparagraphs 1. and 2.,
4173    8.8149.653percent of the amount remitted by a sales tax dealer
4174    located within a participating county pursuant to s. 218.61
4175    shall be transferred into the Local Government Half-cent Sales
4176    Tax Clearing Trust Fund.
4177          4. After the distribution under subparagraphs 1., 2., and
4178    3., 0.0950.065percent shall be transferred to the Local
4179    Government Half-cent Sales Tax Clearing Trust Fund and
4180    distributed pursuant to s. 218.65.
4181          5. For proceeds received after July 1, 2000, andAfter the
4182    distributions under subparagraphs 1., 2., 3., and 4., 2.0440
4183    2.25percent of the available proceeds pursuant to this
4184    paragraph shall be transferred monthly to the Revenue Sharing
4185    Trust Fund for Counties pursuant to s. 218.215.
4186          6. For proceeds received after July 1, 2000, andAfter the
4187    distributions under subparagraphs 1., 2., 3., and 4., 1.3409
4188    1.0715percent of the available proceeds pursuant to this
4189    paragraph shall be transferred monthly to the Revenue Sharing
4190    Trust Fund for Municipalities pursuant to s. 218.215. If the
4191    total revenue to be distributed pursuant to this subparagraph is
4192    at least as great as the amount due from the Revenue Sharing
4193    Trust Fund for Municipalities and the Municipal Financial
4194    Assistance Trust Fund in state fiscal year 1999-2000, no
4195    municipality shall receive less than the amount due from the
4196    Revenue Sharing Trust Fund for Municipalities and the Municipal
4197    Financial Assistance Trust Fund in state fiscal year 1999-2000.
4198    If the total proceeds to be distributed are less than the amount
4199    received in combination from the Revenue Sharing Trust Fund for
4200    Municipalities and the Municipal Financial Assistance Trust Fund
4201    in state fiscal year 1999-2000, each municipality shall receive
4202    an amount proportionate to the amount it was due in state fiscal
4203    year 1999-2000.
4204          7. Of the remaining proceeds:
4205          a. Beginning July 1, 2000, and In each fiscal year
4206    thereafter, the sum of $29,915,500 shall be divided into as many
4207    equal parts as there are counties in the state, and one part
4208    shall be distributed to each county. The distribution among the
4209    several counties shall begin each fiscal year on or before
4210    January 5th and shall continue monthly for a total of 4 months.
4211    If a local or special law required that any moneys accruing to
4212    a county in fiscal year 1999-2000 under the then-existing
4213    provisions of s. 550.135 be paid directly to the district school
4214    board, special district, or a municipal government, such payment
4215    shall continue until such time that the local or special law is
4216    amended or repealed. The state covenants with holders of bonds
4217    or other instruments of indebtedness issued by local
4218    governments, special districts, or district school boards prior
4219    to July 1, 2000, that it is not the intent of this subparagraph
4220    to adversely affect the rights of those holders or relieve local
4221    governments, special districts, or district school boards of the
4222    duty to meet their obligations as a result of previous pledges
4223    or assignments or trusts entered into which obligated funds
4224    received from the distribution to county governments under then-
4225    existing s. 550.135. This distribution specifically is in lieu
4226    of funds distributed under s. 550.135 prior to July 1, 2000.
4227          b. The department shall distribute $166,667 monthly
4228    pursuant to s. 288.1162 to each applicant that has been
4229    certified as a "facility for a new professional sports
4230    franchise" or a "facility for a retained professional sports
4231    franchise" pursuant to s. 288.1162. Up to $41,667 shall be
4232    distributed monthly by the department to each applicant that has
4233    been certified as a "facility for a retained spring training
4234    franchise" pursuant to s. 288.1162; however, not more than
4235    $208,335 may be distributed monthly in the aggregate to all
4236    certified facilities for a retained spring training franchise.
4237    Distributions shall begin 60 days following such certification
4238    and shall continue for not more than 30 years. Nothing contained
4239    in this paragraph shall be construed to allow an applicant
4240    certified pursuant to s. 288.1162 to receive more in
4241    distributions than actually expended by the applicant for the
4242    public purposes provided for in s. 288.1162(6). However, a
4243    certified applicant is entitled to receive distributions up to
4244    the maximum amount allowable and undistributed under this
4245    section for additional renovations and improvements to the
4246    facility for the franchise without additional certification.
4247          c. Beginning 30 days after notice by the Office of
4248    Tourism, Trade, and Economic Development to the Department of
4249    Revenue that an applicant has been certified as the professional
4250    golf hall of fame pursuant to s. 288.1168 and is open to the
4251    public, $166,667 shall be distributed monthly, for up to 300
4252    months, to the applicant.
4253          d. Beginning 30 days after notice by the Office of
4254    Tourism, Trade, and Economic Development to the Department of
4255    Revenue that the applicant has been certified as the
4256    International Game Fish Association World Center facility
4257    pursuant to s. 288.1169, and the facility is open to the public,
4258    $83,333 shall be distributed monthly, for up to 168 months, to
4259    the applicant. This distribution is subject to reduction
4260    pursuant to s. 288.1169. A lump sum payment of $999,996 shall
4261    be made, after certification and before July 1, 2000.
4262          8. All other proceeds shall remain with the General
4263    Revenue Fund.
4264          Section 93. Effective July 1, 2004, subsection (6) of
4265    section 218.21, Florida Statutes, is amended to read:
4266          218.21 Definitions.--As used in this part, the following
4267    words and terms shall have the meanings ascribed them in this
4268    section, except where the context clearly indicates a different
4269    meaning:
4270          (6) "Guaranteed entitlement" means the amount of revenue
4271    which must be shared with an eligible unit of local government
4272    so that:
4273          (a) No eligible county shall receive less funds from the
4274    Revenue Sharing Trust Fund for Counties in any fiscal year than
4275    the amount received in the aggregate from the state in fiscal
4276    year 1971-1972 under the provisions of the then-existing s.
4277    210.20(2)(c), tax on cigarettes; the then-existing s. 323.16(4),
4278    road tax; and the then-existing s. 199.292(4), tax on intangible
4279    personal property.
4280          (b) No eligible municipality shall receive less funds from
4281    the Revenue Sharing Trust Fund for Municipalities in any fiscal
4282    year than the aggregate amount it received from the state in
4283    fiscal year 1971-1972 under the provisions of the then-existing
4284    s. 210.20(2)(a), tax on cigarettes; the then-existing s.
4285    323.16(3), road tax; and s. 206.605, tax on motor fuel. Any
4286    government exercising municipal powers under s. 6(f), Art. VIII
4287    of the State Constitution may not receive less than the
4288    aggregate amount it received from the Revenue Sharing Trust Fund
4289    for Municipalities in the preceding fiscal year, plus, through
4290    fiscal year 2008-2009,a percentage increase in such amount
4291    equal to the percentage increase of the Revenue Sharing Trust
4292    Fund for Municipalities for the preceding fiscal year, except
4293    that for fiscal year 2005-2006 only, the percentage increase
4294    shall be based on the amount it received from the Revenue
4295    Sharing Trust Fund for Municipalities in fiscal year 2004-2005,
4296    plus a percentage increase in such amount equal to the
4297    percentage increase of such fund for fiscal year 2004-2005
4298    excluding the increase in fiscal year 2004-2005 that is
4299    attributed to the increase in municipal revenue sharing from
4300    1.0715 percent to 1.3409 percent pursuant to section 92 of this
4301    act.
4302          Section 94. Effective July 1, 2006, subsection (6) of
4303    section 218.21, Florida Statutes, as amended by section 93 of
4304    this act, is amended to read:
4305          218.21 Definitions.--As used in this part, the following
4306    words and terms shall have the meaning ascribed them in this
4307    section, except where the context clearly indicates a different
4308    meaning:
4309          (6) "Guaranteed entitlement" means the amount of revenue
4310    which must be shared with an eligible unit of local government
4311    so that:
4312          (a) No eligible county shall receive less funds from the
4313    Revenue Sharing Trust Fund for Counties in any fiscal year than
4314    the amount received in the aggregate from the state in fiscal
4315    year 1971-1972 under the provisions of the then-existing s.
4316    210.20(2)(c), tax on cigarettes; the then-existing s. 323.16(4),
4317    road tax; and the then-existing s. 199.292(4), tax on intangible
4318    personal property.
4319          (b) No eligible municipality shall receive less funds from
4320    the Revenue Sharing Trust Fund for Municipalities in any fiscal
4321    year than the aggregate amount it received from the state in
4322    fiscal year 1971-1972 under the provisions of the then-existing
4323    s. 210.20(2)(a), tax on cigarettes; the then-existing s.
4324    323.16(3), road tax; and s. 206.605, tax on motor fuel. Any
4325    government exercising municipal powers under s. 6(f), Art. VIII
4326    of the State Constitution may not receive less than the
4327    aggregate amount it received from the Revenue Sharing Trust Fund
4328    for Municipalities in the preceding fiscal year, plus, through
4329    fiscal year 2008-2009, a percentage increase in such amount
4330    equal to the percentage increase of the Revenue Sharing Trust
4331    Fund for Municipalities for the preceding fiscal year, except
4332    that for fiscal year 2005-2006 only, the percentage increase
4333    shall be based on the amount it received from the Revenue
4334    Sharing Trust Fund for Municipalities in fiscal year 2004-2005,
4335    plus a percentage increase in such amount equal to the
4336    percentage increase of such fund for fiscal year 2004-2005
4337    excluding the increase in fiscal year 2004-2005 that is
4338    attributed to the increase in municipal revenue sharing from
4339    1.0715 percent to 1.3409 percent pursuant to section 92 of this
4340    act.
4341          Section 95. Effective July 1, 2009, subsection (6) of
4342    section 218.21, Florida Statutes, as amended by section 94 of
4343    this act, is amended to read:
4344          218.21 Definitions.--As used in this part, the following
4345    words and terms shall have the meaning ascribed them in this
4346    section, except where the context clearly indicates a different
4347    meaning:
4348          (6) "Guaranteed entitlement" means the amount of revenue
4349    which must be shared with an eligible unit of local government
4350    so that:
4351          (a) No eligible county shall receive less funds from the
4352    Revenue Sharing Trust Fund for Counties in any fiscal year than
4353    the amount received in the aggregate from the state in fiscal
4354    year 1971-1972 under the provisions of the then-existing s.
4355    210.20(2)(c), tax on cigarettes; the then-existing s. 323.16(4),
4356    road tax; and the then-existing s. 199.292(4), tax on intangible
4357    personal property.
4358          (b) No eligible municipality shall receive less funds from
4359    the Revenue Sharing Trust Fund for Municipalities in any fiscal
4360    year than the aggregate amount it received from the state in
4361    fiscal year 1971-1972 under the provisions of the then-existing
4362    s. 210.20(2)(a), tax on cigarettes; the then-existing s.
4363    323.16(3), road tax; and s. 206.605, tax on motor fuel. Any
4364    government exercising municipal powers under s. 6(f), Art. VIII
4365    of the State Constitution may not receive less than the
4366    aggregate amount it received from the Revenue Sharing Trust Fund
4367    for Municipalities in the preceding fiscal year, plus, through
4368    fiscal year 2008-2009, a percentage increase in such amount
4369    equal to the percentage increase of the Revenue Sharing Trust
4370    Fund for Municipalities for the preceding fiscal year.
4371          Section 96. Effective July 1, 2004, subsection (4) is
4372    added to section 218.25, Florida Statutes, to read:
4373          218.25 Limitation of shared funds; holders of bonds
4374    protected; limitation on use of second guaranteed entitlement
4375    for counties.--
4376          (4) Notwithstanding subsections (1) and (2), a local
4377    government may assign, pledge, or set aside as a trust for the
4378    payment of principal or interest on bonds, tax anticipation
4379    certificates, or any other form of indebtedness an amount up to
4380    50 percent of the funds received in the prior year.
4381          Section 97. Effective July 1, 2004, subsection (2) of
4382    section 218.35, Florida Statutes, is amended to read:
4383          218.35 County fee officers; financial matters.--
4384          (2) The clerk of the circuit court, functioning in his or
4385    her capacity as clerk of the circuit and county courts and as
4386    clerk of the board of county commissioners, shall prepare his or
4387    her budget in two parts:
4388          (a) The budget for funds necessary to perform court-
4389    related functions as provided for in s. 28.36, which shall
4390    detail the methodologies used to apportion costs between court-
4391    related and non-court-related functions performed by the clerk.
4392    The budget relating to the state courts system, including
4393    recording, which shall be filed with the State Courts
4394    Administrator as well as with the board of county commissioners;
4395    and
4396          (b) The budget relating to the requirements of the clerk
4397    as clerk of the board of county commissioners, county auditor,
4398    and custodian or treasurer of all county funds and other county-
4399    related duties.
4400          Section 98. Effective July 1, 2004, paragraph (b) of
4401    subsection (1) and subsection (2) of section 318.15, Florida
4402    Statutes, are amended to read:
4403          318.15 Failure to comply with civil penalty or to appear;
4404    penalty.--
4405          (1)
4406          (b) However, a person who elects to attend driver
4407    improvement school and has paid the civil penalty as provided in
4408    s. 318.14(9), but who subsequently fails to attend the driver
4409    improvement school within the time specified by the court shall
4410    be deemed to have admitted the infraction and shall be
4411    adjudicated guilty. In such case the person must pay the clerk
4412    of the court the 18 percent deducted pursuant to s. 318.14(9),
4413    and a $10 processing fee of up to $15, after which no additional
4414    penalties, court costs, or surcharges shall be imposed for the
4415    violation. The clerk of the court shall notify the department of
4416    the person's failure to attend driver improvement school and
4417    points shall be assessed pursuant to s. 322.27.
4418          (2) After suspension of the driver's license and privilege
4419    to drive of a person under subsection (1), the license and
4420    privilege may not be reinstated until the person complies with
4421    all obligations and penalties imposed on him or her under s.
4422    318.18 and presents to a driver license office a certificate of
4423    compliance issued by the court, together with athe $25
4424    nonrefundable service fee of up to $37.50imposed under s.
4425    322.29, or pays the aforementioned $25 service fee of up to
4426    $37.50to the clerk of the court or tax collector clearing such
4427    suspension. Such person shall also be in compliance with
4428    requirements of chapter 322 prior to reinstatement.
4429          Section 99. Effective July 1, 2004, subsection (2),
4430    paragraphs (c), (d), (e), and (f) of subsection (3), and
4431    subsections (6), (7), and (11) of section 318.18, Florida
4432    Statutes, are amended to read:
4433          318.18 Amount of civil penalties.--The penalties required
4434    for a noncriminal disposition pursuant to s. 318.14 are as
4435    follows:
4436          (2) Thirty dollars for all nonmoving traffic violations
4437    and:
4438          (a) For all violations of s. 322.19.
4439          (b) For all violations of ss. 320.0605, 320.07(1),
4440    322.065, and 322.15(1). Any person who is cited for a violation
4441    of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
4442    320.07(4).
4443          1. If a person who is cited for a violation of s. 320.0605
4444    or s. 320.07 can show proof of having a valid registration at
4445    the time of arrest, the clerk of the court may dismiss the case
4446    and may assess a $5 dismissal fee of up to $7.50. A person who
4447    finds it impossible or impractical to obtain a valid
4448    registration certificate must submit an affidavit detailing the
4449    reasons for the impossibility or impracticality. The reasons may
4450    include, but are not limited to, the fact that the vehicle was
4451    sold, stolen, or destroyed; that the state in which the vehicle
4452    is registered does not issue a certificate of registration; or
4453    that the vehicle is owned by another person.
4454          2. If a person who is cited for a violation of s. 322.03,
4455    s. 322.065, or s. 322.15 can show a driver's license issued to
4456    him or her and valid at the time of arrest, the clerk of the
4457    court may dismiss the case and may assess a $5 dismissal fee of
4458    up to $7.50.
4459          3. If a person who is cited for a violation of s. 316.646
4460    can show proof of security as required by s. 627.733, issued to
4461    the person and valid at the time of arrest, the clerk of the
4462    court may dismiss the case and may assess a $5 dismissal fee of
4463    up to $7.50. A person who finds it impossible or impractical to
4464    obtain proof of security must submit an affidavit detailing the
4465    reasons for the impracticality. The reasons may include, but are
4466    not limited to, the fact that the vehicle has since been sold,
4467    stolen, or destroyed; that the owner or registrant of the
4468    vehicle is not required by s. 627.733 to maintain personal
4469    injury protection insurance; or that the vehicle is owned by
4470    another person.
4471          (c) For all violations of ss. 316.2935 and 316.610.
4472    However, for a violation of s. 316.2935 or s. 316.610, if the
4473    person committing the violation corrects the defect and obtains
4474    proof of such timely repair by an affidavit of compliance
4475    executed by the law enforcement agency within 30 days from the
4476    date upon which the traffic citation was issued, and pays $4 to
4477    the law enforcement agency, thereby completing the affidavit of
4478    compliance, then upon presentation of said affidavit by the
4479    defendant to the clerk within the 30-day time period set forth
4480    under s. 318.14(4), the fine must be reduced to $7.50$5, which
4481    the clerk of the court shall retain.
4482          (d) For all violations of s. 316.126(1)(b), unless
4483    otherwise specified.
4484          (3)
4485          (c) Notwithstanding paragraph (b), a person cited for
4486    exceeding the speed limit by up to 5 m.p.h. in a legally posted
4487    school zone will be fined $50. A person exceeding the speed
4488    limit in a school zone shall paywill be assesseda fine double
4489    the amount listed in paragraph (b).
4490          (d) A person cited for exceeding the speed limit in a
4491    posted construction zone shall paywill be assesseda fine
4492    double the amount listed in paragraph (b). The fine shall be
4493    doubled for construction zone violations only if construction
4494    personnel are present or operating equipment on the road or
4495    immediately adjacent to the road under construction.
4496          (e) If a violation of s. 316.1301 or s. 316.1303 results
4497    in an injury to the pedestrian or damage to the property of the
4498    pedestrian, an additional fine of up to $250 shall be paidmust
4499    be assessed. This amount must be distributed pursuant to s.
4500    318.21.
4501          (f) A person cited for exceeding the speed limit within a
4502    zone posted for any electronic or manual toll collection
4503    facility shall paywill be assesseda fine double the amount
4504    listed in paragraph (b). However, no person cited for exceeding
4505    the speed limit in any toll collection zone shall be subject to
4506    a doubled fine unless the governmental entity or authority
4507    controlling the toll collection zone first installs a traffic
4508    control device providing warning that speeding fines are
4509    doubled. Any such traffic control device must meet the
4510    requirements of the uniform system of traffic control devices.
4511          (6) One hundred dollars or the fine amount designated by
4512    county ordinance, plus court costs for illegally parking, under
4513    s. 316.1955, in a parking space provided for people who have
4514    disabilities. However, this fine will be waived if a person
4515    provides to the law enforcement agency that issued the citation
4516    for such a violation proof that the person committing the
4517    violation has a valid parking permit or license plate issued
4518    pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845,
4519    or s. 320.0848 or a signed affidavit that the owner of the
4520    disabled parking permit or license plate was present at the time
4521    the violation occurred, and that such a parking permit or
4522    license plate was valid at the time the violation occurred. The
4523    law enforcement officer, upon determining that all required
4524    documentation has been submitted verifying that the required
4525    parking permit or license plate was valid at the time of the
4526    violation, must sign an affidavit of compliance. Upon provision
4527    of the affidavit of compliance and payment of a $5 dismissal fee
4528    of up to $7.50to the clerk of the circuit court, the clerk
4529    shall dismiss the citation.
4530          (7) One hundred dollars for a violation of s. 316.1001.
4531    However, a person may elect to pay $30 to the clerk of the
4532    court, in which case adjudication is withheld, and no points are
4533    assessed under s. 322.27. Upon receipt of the fine, the clerk of
4534    the court must retain $5 for administrative purposes and must
4535    forward the $25 to the governmental entity that issued the
4536    citation. Any funds received by a governmental entity for this
4537    violation may be used for any lawful purpose related to the
4538    operation or maintenance of a toll facility.
4539          (11)(a) Court costs that are to be in addition to the
4540    stated fine must be paidshall be imposed by the courtin an
4541    amount not less than the following and shall be deposited by the
4542    clerk into the fine and forfeiture fund established pursuant to
4543    s. 142.01:
4544         
4545          For pedestrian infractions..................................$ 3.
4546          For nonmoving traffic infractions......................$ 16$ 6.
4547          For moving traffic infractions........................$ 30$ 10.
4548         
4549          (b) In addition to the court cost requiredassessedunder
4550    paragraph (a), the court shall impose a $3 court cost must be
4551    paidfor each infraction to be distributed as provided in s.
4552    938.01 and a $2 court cost as provided in s. 938.15 when
4553    assessed by a municipality or county.
4554         
4555          Court costs imposed under this subsection may not exceed $30. A
4556    criminal justice selection center or other local criminal
4557    justice access and assessment center may be funded from these
4558    court costs.
4559          Section 100. Effective July 1, 2004, paragraphs (g) and
4560    (h) of subsection (2) of section 318.21, Florida Statutes, are
4561    amended to read:
4562          318.21 Disposition of civil penalties by county courts.--
4563    All civil penalties received by a county court pursuant to the
4564    provisions of this chapter shall be distributed and paid monthly
4565    as follows:
4566          (2) Of the remainder:
4567          (g)1. If the violation occurred within a municipality or a
4568    special improvement district of the Seminole Indian Tribe or
4569    Miccosukee Indian Tribe, 56.4 percent shall be paid to that
4570    municipality or special improvement district.
4571          2. If the violation occurred within the unincorporated
4572    area of a county that is not within a special improvement
4573    district of the Seminole Indian Tribe or Miccosukee Indian
4574    Tribe, 56.4 percent shall be deposited into the fine and
4575    forfeiture fund established pursuant to s. 142.01paid to that
4576    county.
4577          (h) Fifteen percent must be deposited into the General
4578    RevenueCounty Article V TrustFund.
4579          Section 101. Effective July 1, 2004, section 318.325,
4580    Florida Statutes, is amended to read:
4581          318.325 Jurisdiction and procedure for parking
4582    infractions.--Any county or municipality may adopt an ordinance
4583    that allows the county or municipality to refer cases involving
4584    the violation of a county or municipal parking ordinance to a
4585    hearing officer funded by the county or municipalitydesignated
4586    to preside over civil traffic infractions in the county.
4587    Notwithstanding the provisions of ss. 318.14 and 775.08(3), any
4588    parking violation shall be deemed to be an infraction as defined
4589    in s. 318.13(3). However, the violation must be enforced and
4590    disposed of in accordance with the provisions of general law
4591    applicable to parking violations and with the charter or code of
4592    the county or municipality where the violation occurred. The
4593    clerk of the court or the designated traffic violations bureau
4594    must collect and distribute the fines, forfeitures, and court
4595    costs assessed under this section. Notwithstanding the
4596    provisions of s. 318.21, fines and forfeitures received from
4597    parking violations committed within the unincorporated areas of
4598    the county or within the boundaries of the municipality must be
4599    collected and paid monthly to the county or municipality,
4600    respectively. Court costs assessed by the hearing officer must
4601    be paid to the county.
4602          Section 102. Effective July 1, 2004, subsection (1) of
4603    section 322.245, Florida Statutes, is amended to read:
4604          322.245 Suspension of license upon failure of person
4605    charged with specified offense under chapter 316, chapter 320,
4606    or this chapter to comply with directives ordered by traffic
4607    court or upon failure to pay child support in non-IV-D cases as
4608    provided in chapter 61.--
4609          (1) If a person who is charged with a violation of any of
4610    the criminal offenses enumerated in s. 318.17 or with the
4611    commission of any offense constituting a misdemeanor under
4612    chapter 320 or this chapter fails to comply with all of the
4613    directives of the court within the time allotted by the court,
4614    the clerk of the traffic court shall mail to the person, at the
4615    address specified on the uniform traffic citation, a notice of
4616    such failure, notifying him or her that, if he or she does not
4617    comply with the directives of the court within 30 days after the
4618    date of the notice and pay a delinquency fee of up to $15$10to
4619    the clerk, his or her driver's license will be suspended. The
4620    notice shall be mailed no later than 5 days after such failure.
4621    The delinquency fee may be retained by the office of the clerk
4622    to defray the operating costs of the office.
4623          Section 103. Effective July 1, 2004, paragraph (a) of
4624    subsection (9) of section 327.73, Florida Statutes, is amended
4625    to read:
4626          327.73 Noncriminal infractions.--
4627          (9)(a) Any person who fails to comply with the court's
4628    requirements or who fails to pay the civil penalties specified
4629    in this section within the 30-day period provided for in s.
4630    327.72 must pay an additional court cost of up to $18$12, which
4631    shall be used by the clerks of the courts to defray the costs of
4632    tracking unpaid uniform boating citations.
4633          Section 104. Effective July 1, 2004, section 382.023,
4634    Florida Statutes, is amended to read:
4635          382.023 Department to receive dissolution-of-marriage
4636    records; fees.--Clerks of the circuit courts shall collect for
4637    their services at the time of the filing of a final judgment of
4638    dissolution of marriage a fee of up to $10.50$7, of which 43
4639    percent$3shall be retained by the circuit court as a part of
4640    the cost in the cause in which the judgment is granted. The
4641    remaining 57 percent$4shall be remitted to the Department of
4642    Revenue for deposit to the Department of Health to defray part
4643    of the cost of maintaining the dissolution-of-marriage records.
4644    A record of each and every judgment of dissolution of marriage
4645    granted by the court during the preceding calendar month, giving
4646    names of parties and such other data as required by forms
4647    prescribed by the department, shall be transmitted to the
4648    department, on or before the 10th day of each month, along with
4649    an accounting of the funds remitted to the Department of Revenue
4650    pursuant to this section.
4651          Section 105. Effective July 1, 2004, paragraph (c) of
4652    subsection (4) of section 392.55, Florida Statutes, is amended
4653    to read:
4654          392.55 Physical examination and treatment.--
4655          (4) A warrant requiring a person to be apprehended or
4656    examined on an outpatient basis may not be issued unless:
4657          (c) The court advises the person of the right to have
4658    legal counsel present. If the person is insolvent and unable to
4659    employ counsel, the court shall appoint legal counsel for the
4660    person pursuant to the indigenceindigencycriteria in s. 27.52.
4661          Section 106. Effective July 1, 2004, paragraph (c) of
4662    subsection (3) of section 392.56, Florida Statutes, is amended
4663    to read:
4664          392.56 Hospitalization, placement, and residential
4665    isolation.--
4666          (3) A person may not be ordered by a circuit court to be
4667    hospitalized, placed in another health care facility or
4668    residential facility, or isolated from the general public in the
4669    home, unless:
4670          (c) The court advises the person of the right to have
4671    counsel present. If the person is insolvent and unable to employ
4672    counsel, the court shall appoint legal counsel for the person
4673    pursuant to the indigenceindigencycriteria in s. 27.52.
4674          Section 107. Effective July 1, 2004, section 394.473,
4675    Florida Statutes, is amended to read:
4676          394.473 Attorney's fee; expert witness fee.--
4677          (1) In case of the indigenceindigencyof any person for
4678    whom an attorney is appointed pursuant to the provisions of this
4679    part, the attorney shall be entitled to a reasonable fee to be
4680    determined by the court and paid from the general fund of the
4681    county from which the patient was involuntarily detained. In
4682    case of the indigenceindigencyof any such person, the court
4683    may appoint a public defender. The public defender shall receive
4684    no additional compensation other than that usually paid his or
4685    her office.
4686          (2) In case of the indigenceindigencyof any person for
4687    whom expert testimony is required in a court hearing pursuant to
4688    the provisions of this act, the expert, except one who is
4689    classified as a full-time employee of the state or who is
4690    receiving remuneration from the state for his or her time in
4691    attendance at the hearing, shall be entitled to a reasonable fee
4692    to be determined by the court and paid from the general fund of
4693    the county from which the patient was involuntarily detained.
4694          Section 108. Effective July 1, 2004, subsection (1) of
4695    section 395.3025, Florida Statutes, is amended to read:
4696          395.3025 Patient and personnel records; copies;
4697    examination.--
4698          (1) Any licensed facility shall, upon written request, and
4699    only after discharge of the patient, furnish, in a timely
4700    manner, without delays for legal review, to any person admitted
4701    therein for care and treatment or treated thereat, or to any
4702    such person's guardian, curator, or personal representative, or
4703    in the absence of one of those persons, to the next of kin of a
4704    decedent or the parent of a minor, or to anyone designated by
4705    such person in writing, a true and correct copy of all patient
4706    records, including X rays, and insurance information concerning
4707    such person, which records are in the possession of the licensed
4708    facility, provided the person requesting such records agrees to
4709    pay a charge. The exclusive charge for copies of patient records
4710    may include sales tax and actual postage, and, except for
4711    nonpaper records which are subject to a charge not to exceed $2
4712    as provided in s. 28.24(6)(9)(c), may not exceed $1 per page, as
4713    provided in s. 28.24(5)(8)(a). A fee of up to $1 may be charged
4714    for each year of records requested. These charges shall apply to
4715    all records furnished, whether directly from the facility or
4716    from a copy service providing these services on behalf of the
4717    facility. However, a patient whose records are copied or
4718    searched for the purpose of continuing to receive medical care
4719    is not required to pay a charge for copying or for the search.
4720    The licensed facility shall further allow any such person to
4721    examine the original records in its possession, or microforms or
4722    other suitable reproductions of the records, upon such
4723    reasonable terms as shall be imposed to assure that the records
4724    will not be damaged, destroyed, or altered.
4725          Section 109. Effective July 1, 2004, section 397.334,
4726    Florida Statutes, is amended to read:
4727          397.334 Treatment-based drug court programs.--
4728          (1) It is the intent of the Legislature to implement
4729    treatment-based drug court programs in each judicial circuit in
4730    an effort to reduce crime and recidivism, abuse and neglect
4731    cases, and family dysfunction by breaking the cycle of addiction
4732    which is the most predominant cause of cases entering the
4733    justice system. The Legislature recognizes that the integration
4734    of judicial supervision, treatment, accountability, and
4735    sanctions greatly increases the effectiveness of substance abuse
4736    treatment. The Legislature also seeks to ensure that there is a
4737    coordinated, integrated, and multidisciplinary response to the
4738    substance abuse problem in this state, with special attention
4739    given to creating partnerships between the public and private
4740    sectors and to the coordinated, supported, and integrated
4741    delivery of multiple-system services for substance abusers,
4742    including a multiagency team approach to service delivery.
4743          (1)(2) Each county may fundjudicial circuit shall
4744    establish a model ofa treatment-based drug court program under
4745    which persons in the justice system assessed with a substance
4746    abuse problem will be processed in such a manner as to
4747    appropriately address the severity of the identified substance
4748    abuse problem through treatment plans tailored to the individual
4749    needs of the participant. These treatment-based drug court
4750    program models may be established in the misdemeanor, felony,
4751    family, delinquency, and dependency divisions of the judicial
4752    circuits.It is the intent of the Legislature to encourage the
4753    Department of Corrections, the Department of Children and Family
4754    Services, the Department of Juvenile Justice, the Department of
4755    Health, the Department of Law Enforcement, and such other
4756    agencies, local governments, law enforcement agencies, and other
4757    interested public or private sources to support the creation and
4758    establishment of these problem-solving court programs.
4759    Participation in the treatment-based drug court programs does
4760    not divest any public or private agency of its responsibility
4761    for a child or adult, but allows these agencies to better meet
4762    their needs through shared responsibility and resources.
4763          (2)(3)The treatment-based drug court programs shall
4764    include therapeutic jurisprudence principles and adhere to the
4765    following 10 key components, recognized by the Drug Courts
4766    Program Office of the Office of Justice Programs of the United
4767    States Department of Justice and adopted by the Florida Supreme
4768    Court Treatment-Based Drug Court Steering Committee:
4769          (a) Drug court programs integrate alcohol and other drug
4770    treatment services with justice system case processing.
4771          (b) Using a nonadversarial approach, prosecution and
4772    defense counsel promote public safety while protecting
4773    participants' due process rights.
4774          (c) Eligible participants are identified early and
4775    promptly placed in the drug court program.
4776          (d) Drug court programs provide access to a continuum of
4777    alcohol, drug, and other related treatment and rehabilitation
4778    services.
4779          (e) Abstinence is monitored by frequent testing for
4780    alcohol and other drugs.
4781          (f) A coordinated strategy governs drug court program
4782    responses to participants' compliance.
4783          (g) Ongoing judicial interaction with each drug court
4784    program participant is essential.
4785          (h) Monitoring and evaluation measure the achievement of
4786    program goals and gauge program effectiveness.
4787          (i) Continuing interdisciplinary education promotes
4788    effective drug court program planning, implementation, and
4789    operations.
4790          (j) Forging partnerships among drug court programs, public
4791    agencies, and community-based organizations generates local
4792    support and enhances drug court program effectiveness.
4793          (3)(4)Treatment-based drug court programs may include
4794    pretrial intervention programs as provided in ss. 948.08,
4795    948.16, and 985.306.
4796          (4)(5)(a) The Florida Association of Drug Court Program
4797    Professionals is created. The membership of the association may
4798    consist of drug court program practitioners who comprise the
4799    multidisciplinary drug court program team, including, but not
4800    limited to, judges, state attorneys, defense counsel, drug court
4801    program coordinators, probation officers, law enforcement
4802    officers, members of the academic community, and treatment
4803    professionals. Membership in the association shall be voluntary.
4804          (b) The association shall annually elect a chair whose
4805    duty is to solicit recommendations from members on issues
4806    relating to the expansion, operation, and institutionalization
4807    of drug court programs. The chair is responsible for providing
4808    the association's recommendations to the Supreme Court
4809    Treatment-Based Drug Court Steering Committee, and shall submit
4810    a report each year, on or before October 1, to the steering
4811    committee.
4812          (5) If a county chooses to fund a treatment-based drug
4813    court program, the county must secure funding from sources other
4814    than the state for those costs not otherwise assumed by the
4815    state pursuant to s. 29.004. Counties may provide, by interlocal
4816    agreement, for the collective funding of these programs.
4817          Section 110. Effective July 1, 2004, subsection (3) of
4818    section 712.06, Florida Statutes, is amended to read:
4819          712.06 Contents of notice; recording and indexing.--
4820          (3) The clerk of the circuit court shall, upon such
4821    filing, mail by registered or certified mail to the purported
4822    owner of said property, as stated in such notice, a copy thereof
4823    and shall enter on the original, before recording the same, a
4824    certificate showing such mailing. For preparing the certificate,
4825    the claimant shall pay to the clerk the service charge as
4826    prescribed in s. 28.24(8)(11)and the necessary costs of
4827    mailing, in addition to the recording charges as prescribed in
4828    s. 28.24(12)(15). If the notice names purported owners having
4829    more than one address, the person filing the same shall furnish
4830    a true copy for each of the several addresses stated, and the
4831    clerk shall send one such copy to the purported owners named at
4832    each respective address. Such certificate shall be sufficient if
4833    the same reads substantially as follows:
4834         
4835          I hereby certify that I did on this _____, mail by
4836    registered (or certified) mail a copy of the foregoing notice to
4837    each of the following at the address stated:
4838          ... (Clerk of the circuit court) ...
4839          of _____ County, Florida,
4840          By ... (Deputy clerk) ...
4841         
4842          The clerk of the circuit court is not required to mail to the
4843    purported owner of such property any such notice that pertains
4844    solely to the preserving of any covenant or restriction or any
4845    portion of a covenant or restriction.
4846          Section 111. Effective July 1, 2004, subsection (1) of
4847    section 713.24, Florida Statutes, is amended to read:
4848          713.24 Transfer of liens to security.--
4849          (1) Any lien claimed under this part may be transferred,
4850    by any person having an interest in the real property upon which
4851    the lien is imposed or the contract under which the lien is
4852    claimed, from such real property to other security by either:
4853          (a) Depositing in the clerk's office a sum of money, or
4854          (b) Filing in the clerk's office a bond executed as surety
4855    by a surety insurer licensed to do business in this state,
4856         
4857          either to be in an amount equal to the amount demanded in such
4858    claim of lien, plus interest thereon at the legal rate for 3
4859    years, plus $1,000 or 25 percent of the amount demanded in the
4860    claim of lien, whichever is greater, to apply on any attorney's
4861    fees and court costs that may be taxed in any proceeding to
4862    enforce said lien. Such deposit or bond shall be conditioned to
4863    pay any judgment or decree which may be rendered for the
4864    satisfaction of the lien for which such claim of lien was
4865    recorded. Upon making such deposit or filing such bond, the
4866    clerk shall make and record a certificate showing the transfer
4867    of the lien from the real property to the security and shall
4868    mail a copy thereof by registered or certified mail to the
4869    lienor named in the claim of lien so transferred, at the address
4870    stated therein. Upon filing the certificate of transfer, the
4871    real property shall thereupon be released from the lien claimed,
4872    and such lien shall be transferred to said security. In the
4873    absence of allegations of privity between the lienor and the
4874    owner, and subject to any order of the court increasing the
4875    amount required for the lien transfer deposit or bond, no other
4876    judgment or decree to pay money may be entered by the court
4877    against the owner. The clerk shall be entitled to a fee for
4878    making and serving the certificate, in the sum of up to $15$10.
4879    If the transaction involves the transfer of multiple liens, an
4880    additional charge of up to $7.50$5for each additional lien
4881    shall be charged. For recording the certificate and approving
4882    the bond, the clerk shall receive her or his usual statutory
4883    service charges as prescribed in s. 28.24. Any number of liens
4884    may be transferred to one such security.
4885          Section 112. Effective July 1, 2004, subsection (3) is
4886    added to section 721.83, Florida Statutes, to read:
4887          721.83 Consolidation of foreclosure actions.--
4888          (3) The clerk of court shall require a plaintiff to pay
4889    separate filing fees and service charges as provided by general
4890    law for each defendant in a consolidated foreclosure action
4891    filed pursuant to this section.
4892          Section 113. Effective July 1, 2004, paragraph (c) of
4893    subsection (2) of section 741.30, Florida Statutes, is amended
4894    to read:
4895          741.30 Domestic violence; injunction; powers and duties of
4896    court and clerk; petition; notice and hearing; temporary
4897    injunction; issuance of injunction; statewide verification
4898    system; enforcement.--
4899          (2)
4900          (c)1. The clerk of the court shall assist petitioners in
4901    seeking both injunctions for protection against domestic
4902    violence and enforcement for a violation thereof as specified in
4903    this section.
4904          2. All clerks' offices shall provide simplified petition
4905    forms for the injunction, any modifications, and the enforcement
4906    thereof, including instructions for completion.
4907          3. The clerk of the court shall advise petitioners of the
4908    opportunity to apply for a certificate of indigenceavailability
4909    of affidavits of insolvency or indigence in lieu of prepayment
4910    paymentfor the cost of the filing fee, as provided in paragraph
4911    (a).
4912          4. The clerk of the court shall ensure the petitioner's
4913    privacy to the extent practical while completing the forms for
4914    injunctions for protection against domestic violence.
4915          5. The clerk of the court shall provide petitioners with a
4916    minimum of two certified copies of the order of injunction, one
4917    of which is serviceable and will inform the petitioner of the
4918    process for service and enforcement.
4919          6. Clerks of court and appropriate staff in each county
4920    shall receive training in the effective assistance of
4921    petitioners as provided or approved by the Florida Association
4922    of Court Clerks.
4923          7. The clerk of the court in each county shall make
4924    available informational brochures on domestic violence when such
4925    brochures are provided by local certified domestic violence
4926    centers.
4927          8. The clerk of the court in each county shall distribute
4928    a statewide uniform informational brochure to petitioners at the
4929    time of filing for an injunction for protection against domestic
4930    or repeat violence when such brochures become available. The
4931    brochure must include information about the effect of giving the
4932    court false information about domestic violence.
4933          Section 114. Effective July 1, 2004, section 744.3135,
4934    Florida Statutes, is amended to read:
4935          744.3135 Credit and criminal investigation.--The court may
4936    require a nonprofessional guardian and shall require a
4937    professional or public guardian, and all employees of a
4938    professional guardian who have a fiduciary responsibility to a
4939    ward, to submit, at their own expense, to an investigation of
4940    the guardian's credit history and to undergo level 2 background
4941    screening as required under s. 435.04. The clerk of the court
4942    shall obtain fingerprint cards from the Federal Bureau of
4943    Investigation and make them available to guardians. Any guardian
4944    who is so required shall have his or her fingerprints taken and
4945    forward the proper fingerprint card along with the necessary fee
4946    to the Florida Department of Law Enforcement for processing. The
4947    professional guardian shall pay to the clerk of the court a fee
4948    of up to $7.50$5for handling and processing professional
4949    guardian files. The results of the fingerprint checks shall be
4950    forwarded to the clerk of court who shall maintain the results
4951    in a guardian file and shall make the results available to the
4952    court. If credit or criminal investigations are required, the
4953    court must consider the results of the investigations in
4954    appointing a guardian. Guardians and all employees of a
4955    professional guardian who have a fiduciary responsibility to a
4956    ward, so appointed, must resubmit, at their own expense, to an
4957    investigation of credit history, and undergo level 1 background
4958    screening as required under s. 435.03, every 2 years after the
4959    date of their appointment. The court must consider the results
4960    of these investigations in reappointing a guardian. This section
4961    shall not apply to a professional guardian, or to the employees
4962    of a professional guardian, that is a trust company, a state
4963    banking corporation or state savings association authorized and
4964    qualified to exercise fiduciary powers in this state, or a
4965    national banking association or federal savings and loan
4966    association authorized and qualified to exercise fiduciary
4967    powers in this state.
4968          Section 115. Effective July 1, 2004, paragraph (a) of
4969    subsection (6) of section 744.365, Florida Statutes, is amended
4970    to read:
4971          744.365 Verified inventory.--
4972          (6) AUDIT FEE.--
4973          (a) Where the value of the ward's property exceeds
4974    $25,000, a guardian shall pay from the ward's property to the
4975    clerk of the circuit court a fee of up to $75$50, upon the
4976    filing of the verified inventory, for the auditing of the
4977    inventory. Any guardian unable to pay the auditing fee may
4978    petition the court for waiver of the fee. The court may waive
4979    the fee after it has reviewed the documentation filed by the
4980    guardian in support of the waiver. If the fee is waived for a
4981    ward, the audit fee must be paid from the general fund of the
4982    county in which the guardianship proceeding is conducted.
4983          Section 116. Effective July 1, 2004, subsection (4) of
4984    section 744.3678, Florida Statutes, is amended to read:
4985          744.3678 Annual accounting.--
4986          (4) The guardian shall pay from the ward's estate to the
4987    clerk of the circuit court a fee based upon the following
4988    graduated fee schedule, upon the filing of the annual financial
4989    return, for the auditing of the return:
4990          (a) For estates with a value of $25,000 or less the clerk
4991    of the court may charge a fee of up to $15the fee shall be $10.
4992          (b) For estates with a value of more than $25,000 up to
4993    and including $100,000 the clerk of the court may charge a fee
4994    of up to $75the fee shall be $50.
4995          (c) For estates with a value of more than $100,000 up to
4996    and including $500,000 the clerk of the court may charge a fee
4997    of up to $150the fee shall be $100.
4998          (d) For estates with a value in excess of $500,000 the
4999    clerk of the court may charge a fee of up to $225the fee shall
5000    be $150.
5001         
5002          Any guardian unable to pay the auditing fee may petition the
5003    court for a waiver of the fee. The court may waive the fee
5004    after it has reviewed the documentation filed by the guardian in
5005    support of the waiver. Upon such waiver, the clerk of the
5006    circuit court shall bill the board of county commissioners for
5007    the auditing fee.
5008          Section 117. Effective July 1, 2004, section 775.083,
5009    Florida Statutes, is amended to read:
5010          775.083 Fines.--
5011          (1) A person who has been convicted of an offense other
5012    than a capital felony may be sentenced to pay a fine in addition
5013    to any punishment described in s. 775.082; when specifically
5014    authorized by statute, he or she may be sentenced to pay a fine
5015    in lieu of any punishment described in s. 775.082. A person who
5016    has been convicted of a noncriminal violation may be sentenced
5017    to pay a fine. Fines for designated crimes and for noncriminal
5018    violations shall not exceed:
5019          (a) $15,000, when the conviction is of a life felony.
5020          (b) $10,000, when the conviction is of a felony of the
5021    first or second degree.
5022          (c) $5,000, when the conviction is of a felony of the
5023    third degree.
5024          (d) $1,000, when the conviction is of a misdemeanor of the
5025    first degree.
5026          (e) $500, when the conviction is of a misdemeanor of the
5027    second degree or a noncriminal violation.
5028          (f) Any higher amount equal to double the pecuniary gain
5029    derived from the offense by the offender or double the pecuniary
5030    loss suffered by the victim.
5031          (g) Any higher amount specifically authorized by statute.
5032         
5033          Fines imposed in this subsection shall be deposited by the clerk
5034    of the court in the fine and forfeiture fund established
5035    pursuant to s. 142.01.If a defendant is unable to pay a fine,
5036    the court may defer payment of the fine to a date certain.
5037          (2)(a)In addition to the fines set forth in subsection
5038    (1), court costs shall be assessed and collected in each
5039    instance a defendant pleads nolo contendere to, or is convicted
5040    of, or adjudicated delinquent for, a felony, a misdemeanor, or a
5041    criminal traffic offense under state law, or a violation of any
5042    municipal or county ordinance if the violation constitutes a
5043    misdemeanor under state law. The court costs imposed by this
5044    section shall be $50 for a felony and $20 for any other offense
5045    and shall be deposited by the clerk of the court into an
5046    appropriate county account for disbursement for the purposes
5047    provided in this subsection. A county shall account for the
5048    funds separately from other county funds as crime prevention
5049    funds. The county, in consultation with the sheriff, must expend
5050    such funds for crime prevention programs in the county,
5051    including safe neighborhood programs under ss. 163.501-163.523.
5052    A county may adopt an ordinance imposing, in addition to any
5053    other fine, penalty, or cost imposed by subsection (1) or any
5054    other provision of law, a fine upon any person who, with respect
5055    to a charge, indictment, or prosecution commenced in that
5056    county, pleads guilty or nolo contendere to, or is convicted of
5057    or adjudicated delinquent for, a felony, a misdemeanor, or a
5058    criminal traffic offense under state law, or a violation of any
5059    municipal or county ordinance if the violation constitutes a
5060    misdemeanor under state law.
5061          (b) The fine is $50 for a felony and $20 for any other
5062    offense. When the defendant enters the plea or is convicted or
5063    adjudicated, in a court in that county, the court may order the
5064    defendant to pay such fine if the court finds that the defendant
5065    has the ability to pay the fine and that the defendant would not
5066    be prevented thereby from being rehabilitated or making
5067    restitution.
5068          (c) The clerk of the court shall collect and deposit the
5069    fines in an appropriate county account for disbursement for the
5070    purposes provided in this subsection.
5071          (d) A county that imposes the additional fines authorized
5072    under this subsection shall account for the fines separately
5073    from other county funds, as crime prevention funds. The county,
5074    in consultation with the sheriff, must expend such fines for the
5075    costs of collecting the fines and for crime prevention programs
5076    in the county, including safe neighborhood programs under ss.
5077    163.501-163.523.
5078          (3) The purpose of this section is to provide uniform
5079    penalty authorization for criminal offenses and, to this end, a
5080    reference to this section constitutes a general reference under
5081    the doctrine of incorporation by reference.
5082          Section 118. Effective July 1, 2004, subsection (6) of
5083    section 796.07, Florida Statutes, is amended to read:
5084          796.07 Prohibiting prostitution, etc.; evidence;
5085    penalties; definitions.--
5086          (6) A person who violates paragraph (2)(f) shall be
5087    assessed a civil penalty of $500 if the violation results in any
5088    judicial disposition other than acquittal or dismissal. The
5089    proceeds from penalties assessed under this subsection shall be
5090    paid to the circuit courtcourtsadministrator for the sole
5091    purpose of paying the administrative costs of mandatory
5092    treatment-based drug court programs provided under s. 397.334.
5093          Section 119. Effective July 1, 2004, section 914.11,
5094    Florida Statutes, is amended to read:
5095          914.11 Indigent defendants.--If a court decides, on the
5096    basis of an affidavit, that adefendant in a criminal case is
5097    indigent pursuant to s. 27.52 and presentlyunable to pay the
5098    cost of procuring the attendance of witnesses, the defendant may
5099    seek a deferral of these costs; however, thesuchdefendant may
5100    subpoena the witnesses, and the costs, including the cost of the
5101    defendant's copy of all depositions and transcripts which are
5102    certified by the defendant's attorney as serving a useful
5103    purpose in the disposition of the case, shall be paid by the
5104    statecounty. When depositions are taken outside the circuit in
5105    which the case is pending, travel expenses shall be paid by the
5106    statecountyin accordance with s. 112.061 and shall also be
5107    taxed as costs payable to the state.
5108          Section 120. Effective July 1, 2004, paragraph (a) of
5109    subsection (2) of section 916.107, Florida Statutes, is amended
5110    to read:
5111          916.107 Rights of forensic clients.--
5112          (2) RIGHT TO TREATMENT.--
5113          (a) The policy of the state is that the department shall
5114    not deny treatment or training to any client and that no
5115    services shall be delayed at a facility because the forensic
5116    client is indigent pursuant to s. 27.52 and presentlyunable to
5117    pay. However, every reasonable effort to collect appropriate
5118    reimbursement for the cost of providing services to clients able
5119    to pay for the services, including reimbursement from insurance
5120    or other third-party payments, shall be made by facilities
5121    providing services pursuant to this chapter and in accordance
5122    with the provisions of s. 402.33.
5123          Section 121. Effective July 1, 2004, subsection (3) of
5124    section 916.15, Florida Statutes, is amended to read:
5125          916.15 Involuntary commitment of defendant adjudicated not
5126    guilty by reason of insanity.--
5127          (3) In all proceedings under this subsection, both the
5128    defendant and the state shall have the right to a hearing before
5129    the committing court. Evidence at such hearing may be presented
5130    by the hospital administrator or the administrator's designee as
5131    well as by the state and the defendant. The defendant shall have
5132    the right to counsel at any such hearing. In the event that a
5133    defendant is determined to be indigent pursuant to s. 27.52
5134    cannot afford counsel, the court shall appointthe public
5135    defender shalltorepresent the defendant. The parties shall
5136    have access to the defendant's records at the treating
5137    facilities and may interview or depose personnel who have had
5138    contact with the defendant at the treating facilities.
5139          Section 122. Section 938.01, Florida Statutes, as amended
5140    by section 77 of chapter 2002-402, Laws of Florida, is amended
5141    to read:
5142          938.01 Additional Court Cost Clearing Trust Fund.--
5143          (1) All courts created by Art. V of the State Constitution
5144    shall, in addition to any fine or other penalty, requireassess
5145    $3 as a court cost againstevery person convicted for violation
5146    of a state penal or criminal statute or convicted for violation
5147    of a municipal or county ordinance to pay $3 as a court cost.
5148    Any person whose adjudication is withheld pursuant to the
5149    provisions of s. 318.14(9) or (10) shall also be liable for
5150    payment ofbe assessedsuch cost. In addition, $3 from every
5151    bond estreature or forfeited bail bond related to such penal
5152    statutes or penal ordinances shall be remitted to the Department
5153    of Revenue as described in this subsection. However, no such
5154    assessment may be made against any person convicted for
5155    violation of any state statute, municipal ordinance, or county
5156    ordinance relating to the parking of vehicles.
5157          (a) All costs collected by the courts pursuant to this
5158    subsection shall be remitted to the Department of Revenue in
5159    accordance with administrative rules adopted by the executive
5160    director of the Department of Revenue for deposit in the
5161    Additional Court Cost Clearing Trust Fund. These funds and the
5162    funds deposited in the Additional Court Cost Clearing Trust Fund
5163    pursuant to s. 318.21(2)(c) shall be distributed as follows:
5164          1. Ninety-two percent to the Department of Law Enforcement
5165    Criminal Justice Standards and Training Trust Fund.
5166          2. Six and three-tenths percent to the Department of Law
5167    Enforcement Operating Trust Fund for the Criminal Justice Grant
5168    Program.
5169          3. One and seven-tenths percent to the Department of
5170    Children and Family Services Domestic Violence Trust Fund for
5171    the domestic violence program pursuant to s. 39.903(3).
5172          (b) The funds deposited in the Department of Law
5173    Enforcement Criminal Justice Standards and Training Trust Fund,
5174    the Department of Law Enforcement Operating Trust Fund, and the
5175    Department of Children and Family Services Domestic Violence
5176    Trust Fund may be invested. Any interest earned from investing
5177    such funds and any unencumbered funds remaining at the end of
5178    the budget cycle shall remain in the respective trust fund.
5179          (c) All funds in the Department of Law Enforcement
5180    Criminal Justice Standards and Training Trust Fund shall be
5181    disbursed only in compliance with s. 943.25(9).
5182          (2) Except as provided by s. 938.15 and notwithstanding
5183    any other provision of law, no funds collected and deposited
5184    pursuant to this section or s. 943.25 shall be expended unless
5185    specifically appropriated by the Legislature.
5186          Section 123. Section 938.03, Florida Statutes, is amended
5187    to read:
5188          938.03 Crimes Compensation Trust Fund.--
5189          (1) When Any person pleadingpleadsguilty or nolo
5190    contendere to, or beingisconvicted of or adjudicated
5191    delinquent for, any felony, misdemeanor, delinquent act, or
5192    criminal traffic offense under the laws of this state or the
5193    violation of any municipal or county ordinance which adopts by
5194    reference any misdemeanor under state law, there shall paybe
5195    imposedas an additional cost in the case, in addition and prior
5196    to any other cost required to be imposed by law, the sum of $50.
5197    Any person whose adjudication is withheld shall also be assessed
5198    such cost.
5199          (2) These costs shall not beare considered assessed
5200    unless specifically waived by the court. If the court does not
5201    order these costs, it shall state on the record, in detail, the
5202    reasons therefor.
5203          (3) In the event that the individual has been ordered to
5204    pay restitution in accordance with s. 775.089, costs referenced
5205    in this section shall be included in a judgment.
5206          (4) The clerk of the court shall collect and forward $49
5207    of each $50 collected to the Department of Revenue, to be
5208    deposited in the Crimes Compensation Trust Fund. The clerk shall
5209    retain the remaining $1 of each $50 collected as an additional
5210    cost bya service charge of the clerk's office. Under no
5211    condition shall a political subdivision be held liable for the
5212    payment of this sum of $50.
5213          Section 124. Effective July 1, 2004, section 938.05,
5214    Florida Statutes, is amended to read:
5215          938.05 Additional court costs for felonies, misdemeanors,
5216    and criminal traffic offensesLocal Government Criminal Justice
5217    Trust Fund.--
5218          (1) When Any person pleadingpleadsnolo contendere to a
5219    misdemeanor or criminal traffic offense under s. 318.14(10)(a)
5220    or pleadingpleads guilty or nolo contendere to, or beingis
5221    found guilty of, any felony, misdemeanor, or criminal traffic
5222    offense under the laws of this state or the violation of any
5223    municipal or county ordinance which adopts by reference any
5224    misdemeanor under state law, there shall paybe imposedas a
5225    cost in the case, in addition to any other cost required to be
5226    imposed by law, a sum in accordance with the following schedule:
5227          (a) Felonies..........................................$200
5228          (b) Misdemeanors.......................................$50
5229          (c) Criminal traffic offenses..........................$50
5230          (2) Payment of the additional court costs provided for in
5231    subsection (1) shall be made part of any plea agreement reached
5232    by the prosecuting attorney and defense counsel or the criminal
5233    defendant where the plea agreement provides for the defendant to
5234    plead guilty or nolo contendere to any felony, misdemeanor, or
5235    criminal traffic offense under the laws of this state or any
5236    municipal or county ordinance which adopts by reference any
5237    misdemeanor under state law.
5238          (3) The clerk of the court shall collect such additional
5239    costs for deposit in the fine and forfeiture fund established
5240    pursuant to s. 142.01and shall notify the agency supervising a
5241    person upon whom costs have been imposed upon full payment of
5242    fees. The clerk shall deposit all but $3 for each misdemeanor or
5243    criminal traffic case and all but $5 for each felony case in a
5244    special trust fund of the county. Such funds shall be used
5245    exclusively for those purposes set forth in s. 27.3455(3). The
5246    clerk shall retain $3 for each misdemeanor or criminal traffic
5247    case and $5 for each felony case of each scheduled amount
5248    collected as a service charge of the clerk's office. A
5249    political subdivision shall not be held liable for the payment
5250    of the additional costs imposed by this section.
5251          Section 125. Effective July 1, 2004, subsection (1) of
5252    section 938.06, Florida Statutes, is amended to read:
5253          938.06 Additional cost for crime stoppers programs.--
5254          (1) In addition to any fine prescribed by law for any
5255    criminal offense, there is hereby assessed as a court cost an
5256    additional surcharge of $20 on such fine, which shall be imposed
5257    by all county and circuit courts and collected by the clerks of
5258    the courts together with such fine. No political subdivision
5259    shall be held liable for payment of costs under this section.
5260          Section 126. Effective July 1, 2004, section 938.19,
5261    Florida Statutes, is amended to read:
5262          938.19 Teen courts; operation and administration.--
5263    Counties are hereby authorized to fund teen courts.
5264    Notwithstanding s. 318.121, in each county in which a teen court
5265    has been created, a county may adopt a mandatory cost to be
5266    assessed in specific cases as provided for in subsection (1) by
5267    incorporating by reference the provisions of this section in a
5268    county ordinance. Assessments collected by the clerk of the
5269    circuit court pursuant to this section shall be deposited into
5270    an account specifically for the operation and administration of
5271    the teen court:
5272          (1) A sum of $3, which shall be assessed as a court cost
5273    by both the circuit court and the county court in the county
5274    against every person who pleads guilty or nolo contendere to, or
5275    is convicted of, regardless of adjudication, a violation of a
5276    state criminal statute or a municipal ordinance or county
5277    ordinance or who pays a fine or civil penalty for any violation
5278    of chapter 316. Any person whose adjudication is withheld
5279    pursuant to the provisions of s. 318.14(9) or (10) shall also be
5280    assessed such cost. The $3 assessment for court costs shall be
5281    assessed in addition to any fine, civil penalty, or other court
5282    cost and shall not be deducted from the proceeds of that portion
5283    of any fine or civil penalty which is received by a municipality
5284    in the county or by the county in accordance with ss. 316.660
5285    and 318.21. The $3 assessment shall specifically be added to any
5286    civil penalty paid for a violation of chapter 316, whether such
5287    penalty is paid by mail, paid in person without request for a
5288    hearing, or paid after hearing and determination by the court.
5289    However, the $3 assessment shall not be made against a person
5290    for a violation of any state statutes, county ordinance, or
5291    municipal ordinance relating to the parking of vehicles, with
5292    the exception of a violation of the handicapped parking laws.
5293    The clerk of the circuit court shall collect the respective $3
5294    assessments for court costs established in this subsection and
5295    shall remit the same to the teen court monthly, less 5 percent,
5296    which is to be retained as fee income of the office of the clerk
5297    of the circuit court.
5298          (2) Such other moneys as become available for establishing
5299    and operating teen courts under the provisions of Florida law.
5300          Section 127. Section 938.27, Florida Statutes, is amended
5301    to read:
5302          938.27 Judgment for costs on conviction.--
5303          (1) In all criminal cases, convicted persons are liable
5304    for payment of the documentedcosts of prosecution, including
5305    investigative costs incurred by law enforcement agencies, by
5306    fire departments for arson investigations, and by investigations
5307    of the Division of Financial Investigations of the Department of
5308    Financial Services or the Office of Financial Regulation of the
5309    Financial Services CommissionBanking and Finance, if requested
5310    and documented by such agencies. These costs,shall be included
5311    and entered in the judgment rendered against the convicted
5312    person.
5313          (2) If the court does not enter costs, or orders only
5314    partial costs under this section, it shall state on the record
5315    the reasons therefor.
5316          (2)(3)(a) The court shallmay require that the defendant
5317    topay the costs within a specified period or in specified
5318    installments.
5319          (b) The end of such period or the last such installment
5320    shall not be later than:
5321          1. The end of the period of probation or community
5322    control, if probation or community control is ordered;
5323          2. Five years after the end of the term of imprisonment
5324    imposed, if the court does not order probation or community
5325    control; or
5326          3. Five years after the date of sentencing in any other
5327    case.
5328         
5329          However, in no event shall the obligation to pay any unpaid
5330    amounts expire if not paid in full within the period specified
5331    in this paragraph.
5332          (c) If not otherwise provided by the court under this
5333    section, costs shall be paid immediately.
5334          (3)(4)If a defendant is placed on probation or community
5335    control, payment of any costs orderedunder this section shall
5336    be a condition of such probation or community control. The court
5337    may revoke probation or community control if the defendant fails
5338    to pay these costscomply with such order.
5339          (5) The court, in determining whether to order costs and
5340    the amount of such costs, shall consider the amount of the costs
5341    incurred, the financial resources of the defendant, the
5342    financial needs and earning ability of the defendant, and such
5343    other factors which it deems appropriate.
5344          (4)(6)Any dispute as to the proper amount or type of
5345    costs orderedshall be resolved by the court by the
5346    preponderance of the evidence. The burden of demonstrating the
5347    amount of costs incurred is on the state attorney. The burden of
5348    demonstrating the financial resources of the defendant and the
5349    financial needs of the defendant is on the defendant. The burden
5350    of demonstrating such other matters as the court deems
5351    appropriate is upon the party designated by the court as justice
5352    requires.
5353          (5)(7) Any default in payment of costs orderedmay be
5354    collected by any means authorized by law for enforcement of a
5355    judgment.
5356          (6)(8) The court may order the clerk of the court shallto
5357    collect and dispense cost payments in any case.
5358          (7)(9)Investigative costs which are recovered shall be
5359    returned to the appropriate investigative agency which incurred
5360    the expense. Costs shall include actual expenses incurred in
5361    conducting the investigation and prosecution of the criminal
5362    case; however, costs may also include the salaries of permanent
5363    employees. Any investigative costs recovered on behalf of a
5364    state agency must be remitted to the Department of Revenue for
5365    deposit in the agency operating trust fund, and a report of the
5366    payment must be sent to the agency.
5367          (8)(10)Costs that are collected by the state attorney
5368    under this section shall be deposited into the state attorney's
5369    grants and donations trust fund to be used during the fiscal
5370    year in which the funds are collected, or in any subsequent
5371    fiscal year, for actual expenses incurred in investigating and
5372    prosecuting criminal cases, which may include the salaries of
5373    permanent employees.
5374          Section 128. Section 938.29, Florida Statutes, is amended
5375    to read:
5376          938.29 Legal assistance; lien for payment of attorney's
5377    fees or costs.--
5378          (1)(a) A defendantThe court having jurisdiction over any
5379    defendant who has beendetermined to be guilty of a criminal act
5380    by a court or jury or through a plea of guilty or nolo
5381    contendere and who has received the assistance of the public
5382    defender's office, a special assistant public defender, or a
5383    conflict attorney shall be liable for payment ofassess
5384    attorney's fees and costs. The courtagainst the defendant at
5385    the sentencing hearing and shall determine the appropriate
5386    amount of the obligationand method of payment. Such costs shall
5387    may include, but not be limited to,the cost of depositions;
5388    cost of transcripts of depositions, including the cost of
5389    defendant's copy, which transcripts are certified by the
5390    defendant's attorney as having served a useful purpose in the
5391    disposition of the case; investigative costs; witness fees; the
5392    cost of psychiatric examinations; or other reasonable costs
5393    specially incurred by the state and the clerk of courtcounty
5394    for the defense of the defendant in criminal prosecutions within
5395    the county. Costs shall not include expenses inherent in
5396    providing a constitutionally guaranteed jury trial or
5397    expenditures in connection with the maintenance and operation of
5398    government agencies that must be made by the public irrespective
5399    of specific violations of law. Any costs assessed pursuant to
5400    this paragraph shall be reduced by any amount assessed against a
5401    defendant pursuant to s. 938.05.
5402          (b) Upon entering a judgment of conviction, the trial
5403    court shall order the defendant shall be liable to pay the costs
5404    assessed by the court in full, or within a time certain as set
5405    by the court,after the judgment of conviction becomes final.
5406          (c) After assessment of the application fee under s.
5407    27.52(1)(c) and attorney's fees and costs, the court shall order
5408    The defendant shallto pay the application fee under s.
5409    27.52(2)(a) andattorney's fees and costs in full or in
5410    installments, at the time or times specified. The court may
5411    order payment of the assessed application fee and attorney's
5412    fees and costs as a condition of probation, of suspension of
5413    sentence, or of withholding the imposition of sentence.
5414    Attorney's fees and costs collected under this section shall be
5415    deposited into the General Revenue Fund.All fees and costs may
5416    be assessed under one judgment.
5417          (2)(a) When payment of the application fee and attorney's
5418    fees and costs has been ordered by the court,There is created
5419    in the name of the statecounty in which such assistance was
5420    rendereda lien, enforceable as hereinafter provided, upon all
5421    the property, both real and personal, of any person who:
5422          1. Has received any assistance from any public defender of
5423    the state, from any special assistant public defender, or from
5424    any conflict attorney; or
5425          2. Is a parent of an accused minor or an accused adult
5426    tax-dependent person who is being, or has been, represented by
5427    any public defender of the state, by any special assistant
5428    public defender, or by a conflict attorney.
5429         
5430          Such lien constitutes a claim against the defendant-recipient or
5431    parent and his or her estate, enforceable according to law, in
5432    an amount to be determined by the court in which such assistance
5433    was rendered.
5434          (b) Immediately after the issuance of an order for the
5435    payment of the application fee and attorney's fees and costs,A
5436    judgment showing the name and residence of the defendant-
5437    recipient or parent shall be filed for record in the office of
5438    the clerk of the circuit court in the county where the
5439    defendant-recipient or parent resides and in each county in
5440    which such defendant-recipient or parent then owns or later
5441    acquires any property. Such judgments shall be enforced on
5442    behalf of the statecounty by the clerk of the circuit court
5443    board of countycommissionersof the county in which assistance
5444    was rendered.
5445          (3) The clerk of the circuit court within the countyboard
5446    of county commissioners of the countywherein the defendant-
5447    recipient was tried or received the services of a public
5448    defender, special assistant public defender, or appointed
5449    private legal counsel shall enforce, satisfy, compromise,
5450    settle, subordinate, release, or otherwise dispose of any debt
5451    or lien imposed under this section. A defendant-recipient or
5452    parent, liablewho has been orderedto pay attorney's fees or
5453    costs and who is not in willful default in the payment thereof,
5454    may, at any time, petition the court which entered the order for
5455    deferralremissionof the payment of attorney's fees or costs or
5456    of any unpaid portion thereof. If it appears to the
5457    satisfaction of the court that payment of the amount due will
5458    impose manifest hardship on such person or his or her immediate
5459    family, the court may remit all or part of the amount due in
5460    attorney's fees or costs or may modify the method of payment.
5461          (4) The clerkboard of county commissionersof the county
5462    claiming such lien is authorized to contract with a private
5463    attorney orcollection agency for collection of such debts or
5464    liens, provided the fee for such collection shall be on a
5465    contingent basis not to exceed 50 percent of the recovery.
5466    However, no fee shall be paid to any collection agency by reason
5467    of foreclosure proceedings against real property or from the
5468    proceeds from the sale or other disposition of real property.
5469          (5) No lien thus created shall be foreclosed upon the
5470    homestead of such defendant-recipient or parent, nor shall any
5471    defendant-recipient or parent liable for payment ofwho is
5472    ordered to payattorney's fees or costs be denied any of the
5473    protections afforded any other civil judgment debtor.
5474          (6) The court having jurisdiction of the defendant-
5475    recipient shallmay, at such stage of the proceedings as the
5476    court may deem appropriate, determine the value of the services
5477    of the public defender, special assistant public defender, or
5478    appointed private legal counsel and costs, at which time the
5479    defendant-recipient or parent, after adequate notice thereof,
5480    shall have opportunity to be heard and offer objection to the
5481    determination, and to be represented by counsel, with due
5482    opportunity to exercise and be accorded the procedures and
5483    rights provided in the laws and court rules pertaining to civil
5484    cases at law.
5485          Section 129. Subsections (1), (2), (9), (10), (11), (12),
5486    (13), and (14) of section 938.30, Florida Statutes, are amended
5487    to read:
5488          938.30 Court-imposedFinancial obligations in criminal
5489    cases; supplementary proceedings.--
5490          (1) Any person liable for payment ofwho has been ordered
5491    to payany financial obligation in any criminal case is subject
5492    to the provisions of this section. Courts operating under the
5493    provisions of this section shall have jurisdiction over such
5494    court-imposedfinancial obligations to ensure compliance.
5495          (2) The court may require a person liable for payment of
5496    ordered to payan obligation to appear and be examined under
5497    oath concerning the person's financial ability to pay the
5498    obligation. The court may reduce a person's court-ordered
5499    financial obligation based on the court's determination of the
5500    person's ability to pay the obligation.The judge may convert
5501    the statutory financialcourt-ordered obligation intotopay
5502    court costs toa court-ordered obligation to perform community
5503    service after examining a person under oath and determining a
5504    person's inability to pay. Any person failing to attend a
5505    hearing may be arrested on warrant or capias which may be issued
5506    by the clerk upon order of the court.
5507          (9) Any person failing to appear or willfully failing to
5508    comply with an order under this section, including an order to
5509    comply with a payment schedule established by the clerk of
5510    court, may be held in civil contempt.
5511          (10) Administrative costs incurred in enforcing compliance
5512    under this section shall be paid bymay be assessed againstthe
5513    person. Such costs may include postage, copying, docketing fees,
5514    service fees, court reporter's fees, and reimbursements for the
5515    costs of processing bench warrants and pickup orders. Reasonable
5516    attorney's fees may be assessed at the court's discretion.
5517    Judges may assess such administrative costs and attorney's fees
5518    against the person as the court deems necessary to offset such
5519    fees andcosts incurred under this section.
5520          (11) The court may refer any proceeding under this section
5521    to a special master who shall report findings and make
5522    recommendations to the court. The court shall act on such
5523    recommendations within a reasonable amount of time.
5524          (12) A record of court-imposed financial obligations
5525    collected by the clerk of court under the provisions of this
5526    section shall be reported quarterly by the clerk of court to the
5527    chief judge of the judicial circuit.
5528          (13) Court-imposed financial obligations arising from
5529    criminal cases which are past due, and which have been reduced
5530    to judgment by the court, may be referred by the county
5531    commission to a collection agent who is registered and in good
5532    standing pursuant to chapter 559 or a private attorney. Such
5533    referrals must be made in accordance with established bid
5534    practices.
5535          (12)(14)The provisions of this section may be used in
5536    addition to, or in lieu of, other provisions of law for
5537    enforcing payment of court-imposed financial obligations in
5538    criminal cases. The court may enter any orders necessary to
5539    carry out the purposes of this section.
5540          Section 130. Section 938.35, Florida Statutes, is amended
5541    to read:
5542          938.35 Collection of court-related financial obligations.-
5543    -The board of county commissioners may pursue the collection of
5544    any fines, court costs, or other costs to which it is entitled
5545    which remain unpaid for 90 days or more, or refer such
5546    collection to a private attorney who is a member in good
5547    standing of The Florida Bar or collection agent who is
5548    registered and in good standing pursuant to chapter 559. In
5549    pursuing the collection of such unpaid financial obligations
5550    through a private attorney or collection agent, the board of
5551    county commissioners must determine this is cost-effective and
5552    follow applicable procurement practices.Any provision of law
5553    notwithstanding, a county may pursue the collection of any
5554    fines, court costs, or other costs imposed by the court which
5555    remain unpaid for 90 days or more, or refer such collection to a
5556    private attorney who is a member in good standing of The Florida
5557    Bar or collection agent who is registered and in good standing
5558    pursuant to chapter 559. In pursuing the collection of such
5559    unpaid financial obligations through a private attorney or
5560    collection agent, the governing body of the county must
5561    determine that such collection is cost-effective and the county
5562    must follow applicable procurement practices. The costs of
5563    collection, including a reasonable attorney's fee, may be
5564    recovered, except that such fees and costs of collection may not
5565    exceed 40 percent of the total fines and costs owed.
5566          Section 131. Effective July 1, 2004, section 939.06,
5567    Florida Statutes, is amended to read:
5568          939.06 Acquitted defendant not liable for costs.--No
5569    defendant in a criminal prosecution who is acquitted or
5570    discharged shall be liable for any costs or fees of the court or
5571    any ministerial office, or for any charge of subsistence while
5572    detained in custody. If the defendant shall have paid any
5573    taxable costs in the case, the clerk or judge shall give him or
5574    her a certificate of the payment of such costs, with the items
5575    thereof, which, when audited and approved according to law,
5576    shall be refunded to the defendant by the county.
5577          Section 132. Effective July 1, 2004, section 939.08,
5578    Florida Statutes, is amended to read:
5579          (Substantial rewording of section. See
5580          s. 939.08, F.S., for present text.)
5581          939.08 Costs to be certified before audit.--In all cases
5582    wherein is claimed the payment of applicable bills of costs,
5583    fees, or expenses of the state courts system as provided in s.
5584    29.004, other than juror and witness fees, in the adjudication
5585    of any case payable by the state, the trial court administrator
5586    shall review the itemized bill. The bill shall not be paid until
5587    the trial court administrator has approved it and certified that
5588    it is just, correct, and reasonable and contains no unnecessary
5589    or illegal item.
5590          Section 133. Effective July 1, 2004, section 939.12,
5591    Florida Statutes, is amended to read:
5592          939.12 Cost against state in Supreme Court.--The clerk of
5593    the Supreme Court shall give, upon application, a certified copy
5594    of any judgment against the state upon appeal in criminal cases,
5595    and the statecounty commissioners of the county from the court
5596    of which such appeal was takenshall pay the same to the
5597    appellant, or the appellant's agent or attorney, on demand.
5598          Section 134. For the purpose of incorporating the
5599    amendments made by this act to sections 27.51 and 27.53, Florida
5600    Statutes, in references thereto, effective July 1, 2004, section
5601    943.053, Florida Statutes, as otherwise amended is reenacted to
5602    read:
5603          943.053 Dissemination of criminal justice information;
5604    fees.--
5605          (1) The Department of Law Enforcement shall disseminate
5606    criminal justice information only in accordance with federal and
5607    state laws, regulations, and rules.
5608          (2) Criminal justice information derived from federal
5609    criminal justice information systems or criminal justice
5610    information systems of other states shall not be disseminated in
5611    a manner inconsistent with the laws, regulations, or rules of
5612    the originating agency.
5613          (3) Criminal history information, including information
5614    relating to minors, compiled by the Criminal Justice Information
5615    Program from intrastate sources shall be available on a priority
5616    basis to criminal justice agencies for criminal justice purposes
5617    free of charge and, otherwise, to governmental agencies not
5618    qualified as criminal justice agencies on an approximate-cost
5619    basis. After providing the program with all known identifying
5620    information, persons in the private sector may be provided
5621    criminal history information upon tender of fees as established
5622    and in the manner prescribed by rule of the Department of Law
5623    Enforcement. Such fees shall approximate the actual cost of
5624    producing the record information. As used in this subsection,
5625    the department's determination of actual cost shall take into
5626    account the total cost of creating, storing, maintaining,
5627    updating, retrieving, improving, and providing criminal history
5628    information in a centralized, automated database, including
5629    personnel, technology, and infrastructure expenses. Actual cost
5630    shall be computed on a fee-per-record basis, and any access to
5631    criminal history information by the private sector as provided
5632    in this subsection shall be assessed the per-record fee without
5633    regard to the quantity or category of criminal history record
5634    information requested. Fees may be waived by the executive
5635    director of the Department of Law Enforcement for good cause
5636    shown.
5637          (4) Criminal justice information provided by the
5638    Department of Law Enforcement shall be used only for the purpose
5639    stated in the request.
5640          (5) Notwithstanding any other provision of law, the
5641    department shall provide to the Florida Department of Revenue
5642    Child Support Enforcement access to Florida criminal records
5643    which are not exempt from disclosure under chapter 119, and to
5644    such information as may be lawfully available from other states
5645    via the National Law Enforcement Telecommunications System, for
5646    the purpose of locating subjects who owe or potentially owe
5647    support, as defined in s. 409.2554, or to whom such obligation
5648    is owed pursuant to Title IV-D of the Social Security Act. Such
5649    information may be provided to child support enforcement
5650    authorities in other states for these specific purposes.
5651          (6) Notwithstanding any other provision of law, the
5652    department shall provide to each office of the public defender
5653    on-line access to criminal records of this state which are not
5654    exempt from disclosure under chapter 119 or confidential under
5655    law. Such access shall be used solely in support of the duties
5656    of a public defender as provided in s. 27.51 or of any attorney
5657    specially assigned as authorized in s. 27.53 in the
5658    representation of any person who is determined indigent as
5659    provided in s. 27.52. The costs of establishing and maintaining
5660    such on-line access shall be borne by the office to which the
5661    access has been provided.
5662          (7) Notwithstanding the provisions of s. 943.0525, and any
5663    user agreements adopted pursuant thereto, and notwithstanding
5664    the confidentiality of sealed records as provided for in s.
5665    943.059, the sheriff of any county that has contracted with a
5666    private entity to operate a county detention facility pursuant
5667    to the provisions of s. 951.062 shall provide that private
5668    entity, in a timely manner, copies of the Florida criminal
5669    history records for its inmates. The sheriff may assess a charge
5670    for the Florida criminal history records pursuant to the
5671    provisions of chapter 119. Sealed records received by the
5672    private entity under this section remain confidential and exempt
5673    from the provisions of s. 119.07(1).
5674          (8) Notwithstanding the provisions of s. 943.0525, and any
5675    user agreements adopted pursuant thereto, and notwithstanding
5676    the confidentiality of sealed records as provided for in s.
5677    943.059, the Department of Corrections shall provide, in a
5678    timely manner, copies of the Florida criminal history records
5679    for inmates housed in a private state correctional facility to
5680    the private entity under contract to operate the facility
5681    pursuant to the provisions of s. 944.105 or s. 957.03. The
5682    department may assess a charge for the Florida criminal history
5683    records pursuant to the provisions of chapter 119. Sealed
5684    records received by the private entity under this section remain
5685    confidential and exempt from the provisions of s. 119.07(1).
5686          (9) Notwithstanding the provisions of s. 943.0525 and any
5687    user agreements adopted pursuant thereto, and notwithstanding
5688    the confidentiality of sealed records as provided for in s.
5689    943.059, the Department of Juvenile Justice or any other state
5690    or local criminal justice agency may provide copies of the
5691    Florida criminal history records for juvenile offenders
5692    currently or formerly detained or housed in a contracted
5693    juvenile assessment center or detention facility or serviced in
5694    a contracted treatment program and for employees or other
5695    individuals who will have access to these facilities, only to
5696    the entity under direct contract with the Department of Juvenile
5697    Justice to operate these facilities or programs pursuant to the
5698    provisions of s. 985.411. The criminal justice agency providing
5699    such data may assess a charge for the Florida criminal history
5700    records pursuant to the provisions of chapter 119. Sealed
5701    records received by the private entity under this section remain
5702    confidential and exempt from the provisions of s. 119.07(1).
5703    Information provided under this section shall be used only for
5704    the criminal justice purpose for which it was requested and may
5705    not be further disseminated.
5706          Section 135. Effective July 1, 2004, section 947.18,
5707    Florida Statutes, is amended to read:
5708          947.18 Conditions of parole.--No person shall be placed on
5709    parole merely as a reward for good conduct or efficient
5710    performance of duties assigned in prison. No person shall be
5711    placed on parole until and unless the commission finds that
5712    there is reasonable probability that, if the person is placed on
5713    parole, he or she will live and conduct himself or herself as a
5714    respectable and law-abiding person and that the person's release
5715    will be compatible with his or her own welfare and the welfare
5716    of society. No person shall be placed on parole unless and until
5717    the commission is satisfied that he or she will be suitably
5718    employed in self-sustaining employment or that he or she will
5719    not become a public charge. The commission shall determine the
5720    terms upon which such person shall be granted parole. If the
5721    person's conviction was for a controlled substance violation,
5722    one of the conditions must be that the person submit to random
5723    substance abuse testing intermittently throughout the term of
5724    supervision, upon the direction of the correctional probation
5725    officer as defined in s. 943.10(3). In addition to any other
5726    lawful condition of parole, the commission may make the payment
5727    of the debt due and owing to the state under s. 960.17 or the
5728    payment of the attorney's fees and costs due and owing to the
5729    statea countyunder s. 938.29 a condition of parole subject to
5730    modification based on change of circumstances.
5731          Section 136. Effective July 1, 2004, paragraph (i) of
5732    subsection (1) of section 948.03, Florida Statutes, is amended
5733    to read:
5734          948.03 Terms and conditions of probation or community
5735    control.--
5736          (1) The court shall determine the terms and conditions of
5737    probation or community control. Conditions specified in
5738    paragraphs (a)-(m) do not require oral pronouncement at the time
5739    of sentencing and may be considered standard conditions of
5740    probation. Conditions specified in paragraphs (a)-(m) and (2)(a)
5741    do not require oral pronouncement at sentencing and may be
5742    considered standard conditions of community control. These
5743    conditions may include among them the following, that the
5744    probationer or offender in community control shall:
5745          (i) Pay any application fee assessed under s.
5746    27.52(2)(a)(1)(c)and attorney's fees and costs assessed under
5747    s. 938.29, subject to modification based on change of
5748    circumstances.
5749          Section 137. Effective July 1, 2004, paragraphs (a) and
5750    (l) of subsection (1) of section 960.001, Florida Statutes, are
5751    amended to read:
5752          960.001 Guidelines for fair treatment of victims and
5753    witnesses in the criminal justice and juvenile justice systems.-
5754    -
5755          (1) The Department of Legal Affairs, the state attorneys,
5756    the Department of Corrections, the Department of Juvenile
5757    Justice, the Parole Commission, the State Courts Administrator
5758    and circuit court administrators, the Department of Law
5759    Enforcement, and every sheriff's department, police department,
5760    or other law enforcement agency as defined in s. 943.10(4) shall
5761    develop and implement guidelines for the use of their respective
5762    agencies, which guidelines are consistent with the purposes of
5763    this act and s. 16(b), Art. I of the State Constitution and are
5764    designed to implement the provisions of s. 16(b), Art. I of the
5765    State Constitution and to achieve the following objectives:
5766          (a) Information concerning services available to victims
5767    of adult and juvenile crime.--Witness coordination officesAs
5768    provided in s. 27.0065, state attorneys and public defenders
5769    43.35shall gather information regarding the following services
5770    in the geographic boundaries of their respective circuits and
5771    shall provide such information to each law enforcement agency
5772    with jurisdiction within such geographic boundaries. Law
5773    enforcement personnel shall ensure, through distribution of a
5774    victim's rights information card or brochure at the crime scene,
5775    during the criminal investigation, and in any other appropriate
5776    manner, that victims are given, as a matter of course at the
5777    earliest possible time, information about:
5778          1. The availability of crime victim compensation, when
5779    applicable;
5780          2. Crisis intervention services, supportive or bereavement
5781    counseling, social service support referrals, and community-
5782    based victim treatment programs;
5783          3. The role of the victim in the criminal or juvenile
5784    justice process, including what the victim may expect from the
5785    system as well as what the system expects from the victim;
5786          4. The stages in the criminal or juvenile justice process
5787    which are of significance to the victim and the manner in which
5788    information about such stages can be obtained;
5789          5. The right of a victim, who is not incarcerated,
5790    including the victim's parent or guardian if the victim is a
5791    minor, the lawful representative of the victim or of the
5792    victim's parent or guardian if the victim is a minor, and the
5793    next of kin of a homicide victim, to be informed, to be present,
5794    and to be heard when relevant, at all crucial stages of a
5795    criminal or juvenile proceeding, to the extent that this right
5796    does not interfere with constitutional rights of the accused, as
5797    provided by s. 16(b), Art. I of the State Constitution;
5798          6. In the case of incarcerated victims, the right to be
5799    informed and to submit written statements at all crucial stages
5800    of the criminal proceedings, parole proceedings, or juvenile
5801    proceedings; and
5802          7. The right of a victim to a prompt and timely
5803    disposition of the case in order to minimize the period during
5804    which the victim must endure the responsibilities and stress
5805    involved to the extent that this right does not interfere with
5806    the constitutional rights of the accused.
5807          (l) Local witness coordination servicescoordinating
5808    office.--The requirements for notification provided for in
5809    paragraphs (b), (d), (f), and (i) may be performed by the state
5810    attorney or public defender as provided inlocal witness
5811    coordinating office established by s. 27.006543.35, as
5812    appropriate.
5813          Section 138. Effective July 1, 2004, paragraph (a) of
5814    subsection (1) of section 984.08, Florida Statutes, is amended
5815    to read:
5816          984.08 Attorney's fees.--
5817          (1) The court may appoint an attorney to represent a
5818    parent or legal guardian under this chapter only upon a finding
5819    that the parent or legal guardian is indigent.
5820          (a) The finding of indigenceindigencyof any parent or
5821    legal guardian may be made by the court at any stage of the
5822    proceedings. Any parent or legal guardian claiming indigence
5823    indigencyshall file with the court an affidavit containing the
5824    factual information required in paragraphs (c) and (d).
5825          Section 139. Effective July 1, 2004, subsections (1), (2),
5826    and (3) of section 985.203, Florida Statutes, are amended to
5827    read:
5828          985.203 Right to counsel.--
5829          (1) A child is entitled to representation by legal counsel
5830    at all stages of any proceedings under this part. If the child
5831    and the parents or other legal guardian are indigent and unable
5832    to employ counsel for the child, the court shall appoint counsel
5833    pursuant to s. 27.52. Determination of indigenceindigencyand
5834    costs of representation shall be as provided by ss. 27.52 and
5835    938.29. Legal counsel representing a child who exercises the
5836    right to counsel shall be allowed to provide advice and counsel
5837    to the child at any time subsequent to the child's arrest,
5838    including prior to a detention hearing while in secure detention
5839    care. A child shall be represented by legal counsel at all
5840    stages of all court proceedings unless the right to counsel is
5841    freely, knowingly, and intelligently waived by the child. If the
5842    child appears without counsel, the court shall advise the child
5843    of his or her rights with respect to representation of court-
5844    appointed counsel.
5845          (2) If the parents or legal guardian of an indigent child
5846    are not indigent but refuse to employ counsel, the court shall
5847    appoint counsel pursuant to s. 27.52(3)(2)(d) to represent the
5848    child at the detention hearing and until counsel is provided.
5849    Costs of representation are hereby imposedshall be assessedas
5850    provided by ss. 27.52(3)(2)(d) and 938.29. Thereafter, the court
5851    shall not appoint counsel for an indigent child with nonindigent
5852    parents or legal guardian but shall order the parents or legal
5853    guardian to obtain private counsel. A parent or legal guardian
5854    of an indigent child who has been ordered to obtain private
5855    counsel for the child and who willfully fails to follow the
5856    court order shall be punished by the court in civil contempt
5857    proceedings.
5858          (3) An indigent child with nonindigent parents or legal
5859    guardian may have counsel appointed pursuant to s. 27.52(2)(d)
5860    if the parents or legal guardian have willfully refused to obey
5861    the court order to obtain counsel for the child and have been
5862    punished by civil contempt and then still have willfully refused
5863    to obey the court order. Costs of representation are hereby
5864    imposedshall be assessedas provided by ss. 27.52(2)(d) and
5865    938.29.
5866          Section 140. Effective July 1, 2004, paragraph (b) of
5867    subsection (6) of section 985.215, Florida Statutes, is amended
5868    to read:
5869          985.215 Detention.--
5870          (6)
5871          (b) At the time of the detention hearing, the department
5872    shall report to the court, verbally or in writing, any available
5873    information concerning the ability of the parent or guardian of
5874    the child to pay such fee. If the court makes a finding of
5875    indigenceindigency, the parent or guardian shall pay to the
5876    department a nominal subsistence fee of $2 per day that the
5877    child is securely detained outside the home or $1 per day if the
5878    child is otherwise detained in lieu of other fees related to the
5879    parent's obligation for the child's cost of care. The nominal
5880    subsistence fee may only be waived or reduced if the court makes
5881    a finding that such payment would constitute a significant
5882    financial hardship. Such finding shall be in writing and shall
5883    contain a detailed description of the facts that led the court
5884    to make both the finding of indigenceindigencyand the finding
5885    of significant financial hardship.
5886          Section 141. Effective July 1, 2004, paragraph (b) of
5887    subsection (1) of section 985.231, Florida Statutes, is amended
5888    to read:
5889          985.231 Powers of disposition in delinquency cases.--
5890          (1)
5891          (b)1. When any child is adjudicated by the court to have
5892    committed a delinquent act and temporary legal custody of the
5893    child has been placed with a licensed child-caring agency or the
5894    Department of Juvenile Justice, the court shall order the
5895    parents of such child to pay fees to the department in the
5896    amount of $5 per day that the child is under the care or
5897    supervision of the department in order to partially offset the
5898    cost of the care, support, maintenance, and other usual and
5899    ordinary obligations of parents to provide for the needs of
5900    their children while in the recommended residential commitment
5901    level, unless the court makes a finding on the record that the
5902    parent or guardian of the child is indigent.
5903          2. No later than the disposition hearing, the department
5904    shall provide the court with information concerning the actual
5905    cost of care, support, and maintenance of the child in the
5906    recommended residential commitment level and concerning the
5907    ability of the parent or guardian of the child to pay any fees.
5908    If the court makes a finding of indigenceindigency, the parent
5909    or guardianship shall pay to the department a nominal
5910    subsistence fee of $2 per day that the child is committed
5911    outside the home or $1 per day if the child is otherwise
5912    supervised in lieu of other fees related to the parents'
5913    obligation for the child's cost of care. The nominal subsistence
5914    fee may only be waived or reduced if the court makes a finding
5915    that such payment would constitute a significant financial
5916    hardship. Such finding shall be in writing and shall contain a
5917    detailed description of the facts that led the court to make
5918    both the finding of indigenceindigencyand the finding of
5919    significant financial hardship.
5920          3. In addition, the court may reduce the fees or waive the
5921    fees as to each parent or guardian if the court makes a finding
5922    on the record that the parent or guardian was the victim of the
5923    delinquent act or violation of law for which the child is
5924    subject to placement under this section and that the parent or
5925    guardian has cooperated in the investigation and prosecution of
5926    the offense.
5927          4. All orders committing a child to a residential
5928    commitment program shall include specific findings as to what
5929    fees are ordered, reduced, or waived. If the court fails to
5930    enter an order as required by this paragraph, it shall be
5931    presumed that the court intended the parent or guardian to pay
5932    fees to the department in an amount of $5 per day related to the
5933    care, support, and maintenance of the child. With regard to a
5934    child who reaches the age of 18 prior to the disposition
5935    hearing, the court may elect to direct an order required by this
5936    paragraph to such child, rather than the parent or guardian.
5937    With regard to a child who reaches the age of 18 while in the
5938    custody of the department, the court may, upon proper motion of
5939    any party, hold a hearing as to whether any party should be
5940    further obligated respecting the payment of fees. When the order
5941    affects the guardianship estate, a certified copy of the order
5942    shall be delivered to the judge having jurisdiction of the
5943    guardianship estate.
5944          5. The clerk of the circuit court shall act as a
5945    depository for these fees. Upon each payment received, the clerk
5946    of the circuit court shall receive a fee from the total payment
5947    of 3 percent of any payment made except that no fee shall be
5948    less than $1 nor more than $5 per payment made. This fee shall
5949    serve as a service charge for the administration, management,
5950    and maintenance of each payment. At the end of each month, the
5951    clerk of the circuit court shall send all money collected under
5952    this section to the state Grants and Donations Trust Fund.
5953          6. The parent or guardian shall provide to the department
5954    the parent or guardian's name, address, social security number,
5955    state of birth, and driver's license number or identification
5956    card number and sufficient financial information for the
5957    department to be able to determine the parent or guardian's
5958    ability to pay. If the parent or guardian refuses to provide the
5959    department with any identifying information or financial
5960    information, the court shall order the parent to comply and may
5961    pursue contempt of court sanctions for failure to comply.
5962          7. The department may employ a collection agency for the
5963    purpose of receiving, collecting, and managing the payment of
5964    unpaid and delinquent fees. The collection agency must be
5965    registered and in good standing under chapter 559. The
5966    department may pay to the collection agency a fee from the
5967    amount collected under the claim or may authorize the agency to
5968    deduct the fee from the amount collected. The department may
5969    also pay for collection services from available authorized
5970    funds.
5971          8. The department may enter into agreements with parents
5972    or guardians to establish a schedule of periodic payments if
5973    payment of the obligation in full presents an undue hardship.
5974    Any such agreement may provide for payment of interests
5975    consistent with prevailing loan rates.
5976          9. The Department of Juvenile Justice shall provide to the
5977    payor documentation of any amounts paid by the payor to the
5978    Department of Juvenile Justice on behalf of the child. All
5979    payments received by the department pursuant to this subsection
5980    shall be deposited in the state Grants and Donations Trust Fund.
5981          10. Neither the court nor the department may extend the
5982    child's length of stay in placement care solely for the purpose
5983    of collecting fees.
5984          Section 142. Effective July 1, 2004, paragraph (d) of
5985    subsection (4) of section 985.233, Florida Statutes, is amended
5986    to read:
5987          985.233 Sentencing powers; procedures; alternatives for
5988    juveniles prosecuted as adults.--
5989          (4) SENTENCING ALTERNATIVES.--
5990          (d) Recoupment of cost of care in juvenile justice
5991    facilities.--
5992          1. When the court orders commitment of a child to the
5993    Department of Juvenile Justice for treatment in any of the
5994    department's programs for children, the court shall order the
5995    parents of such child to pay fees in the amount of $5 per day
5996    that the child is under the care or supervision of the
5997    department in order to partially offset the cost of the care,
5998    support, maintenance, and other usual and ordinary obligations
5999    of parents to provide for the needs of their children, unless
6000    the court makes a finding on the record that the parent or legal
6001    guardian of the child is indigent.
6002          2. Prior to commitment, the department shall provide the
6003    court with information concerning the actual cost of care in the
6004    recommended residential commitment level and concerning the
6005    ability of the parent or guardian of the child to pay specified
6006    fees. If the court makes a finding of indigenceindigency, the
6007    parent or guardian shall pay to the department a nominal
6008    subsistence fee of $2 per day that the child is committed
6009    outside the home or $1 per day if the child is otherwise
6010    supervised in lieu of other fees related to the parent's
6011    obligation for the child's cost of care. The nominal subsistence
6012    fee may only be waived or reduced if the court makes a finding
6013    that such payment would constitute a significant financial
6014    hardship. Such finding shall be in writing and shall contain a
6015    detailed description of the facts that led the court to make
6016    both the finding of indigenceindigencyand the finding of
6017    significant financial hardship.
6018          3. In addition, the court may reduce the fees or waive the
6019    fees as to each parent or guardian if the court makes a finding
6020    on the record that the parent or guardian was the victim of the
6021    delinquent act or violation of law for which the child is
6022    subject to commitment under this section and that the parent or
6023    guardian has cooperated in the investigation and prosecution of
6024    the offense. When the order affects the guardianship estate, a
6025    certified copy of the order shall be delivered to the judge
6026    having jurisdiction of the guardianship estate.
6027          4. All orders committing a child to a residential
6028    commitment program shall include specific findings as to what
6029    fees are ordered, reduced, or waived. If the court fails to
6030    enter an order as required by this paragraph, it shall be
6031    presumed that the court intended the parent or guardian to pay
6032    fees to the department in an amount of $5 per day related to the
6033    care, support, and maintenance of the child. With regard to a
6034    child who reaches the age of 18 prior to the disposition
6035    hearing, the court may elect to direct an order required by this
6036    paragraph to such child, rather than the parent or guardian.
6037    With regard to a child who reaches the age of 18 while in the
6038    custody of the department, the court may, upon proper motion of
6039    any party, hold a hearing as to whether any party should be
6040    further obligated respecting the payment of fees.
6041          5. The clerk of the circuit court shall act as a
6042    depository for these fees. Upon each payment received, the clerk
6043    of the circuit court shall receive a fee from the total payment
6044    of 3 percent of any payment made except that no fee shall be
6045    less than $1 nor more than $5 per payment made. This fee shall
6046    serve as a service charge for the administration, management,
6047    and maintenance of each payment. At the end of each month, the
6048    clerk of the circuit court shall send all money collected under
6049    this section to the state Grants and Donations Trust Fund.
6050          6. The parent or guardian shall provide to the department
6051    the parent or guardian's name, address, social security number,
6052    date of birth, and driver's license number or identification
6053    card number and sufficient financial information for the
6054    department to be able to determine the parent or guardian's
6055    ability to pay. If the parent or guardian refuses to provide the
6056    department with any identifying information or financial
6057    information, the court shall order the parent to comply and may
6058    pursue contempt of court sanctions for failure to comply.
6059          7. The department may employ a collection agency for the
6060    purpose of receiving, collecting, and managing the payment of
6061    unpaid and delinquent fees. The collection agency must be
6062    registered and in good standing under chapter 559. The
6063    department may pay to the collection agency a fee from the
6064    amount collected under the claim or may authorize the agency to
6065    deduct the fee from the amount collected. The department may
6066    also pay for collection services from available authorized
6067    funds. The Department of Juvenile Justice shall provide to the
6068    payor documentation of any amounts paid by the payor to the
6069    Department of Juvenile Justice on behalf of the child. All
6070    payments received by the department pursuant to this subsection
6071    shall be deposited in the state Grants and Donations Trust Fund.
6072          8. Neither the court nor the department may extend the
6073    child's length of stay in commitment care solely for the purpose
6074    of collecting fees.
6075         
6076          It is the intent of the Legislature that the criteria and
6077    guidelines in this subsection are mandatory and that a
6078    determination of disposition under this subsection is subject to
6079    the right of the child to appellate review under s. 985.234.
6080          Section 143. The Department of Financial Services shall
6081    undertake a review of the Florida Accounting Information
6082    Resource subsystem and Uniform Accounting System Manual in
6083    accounting for state and county expenditures and revenues
6084    associated with Article V of the Florida Constitution. Necessary
6085    revisions to account codes, account descriptions, categories,
6086    and object codes shall be implemented prior to July 1, 2004. In
6087    completing this review, the department shall consult with clerks
6088    of court, county commissioners, judges, state attorneys, and
6089    public defenders. The Auditor General shall provide technical
6090    advice to the department in undertaking this review.
6091          Section 144. Effective July 1, 2003, the Chief Financial
6092    Officer shall undertake a study to determine county expenditures
6093    for court-related services for the county fiscal year ended
6094    September 30, 2002. The Chief Financial Officer shall provide
6095    the form and manner in which the clerks of court, or the
6096    appropriate county officer in those counties where the clerk of
6097    court is not the county's chief financial officer, shall submit
6098    expenditure data and the timeframes within which the data must
6099    be provided. The clerks of court, state attorneys, public
6100    defenders, court administrators, boards of county commissioners,
6101    and sheriffs shall assist the Chief Financial Officer in the
6102    collection of the necessary expenditure data. The Legislative
6103    Committee on Intergovernmental Relations may also assist in
6104    gathering and assessing the expenditure data and provide
6105    technical assistance. The Auditor General shall provide
6106    technical advice with respect to the collection and analysis of
6107    the expenditure data.
6108          (1) Expenditure data shall be reported to the Chief
6109    Financial Officer at the transaction code level and, for
6110    specific transaction codes specified by the Chief Financial
6111    Officer, object/sub-object level, as set forth in the Uniform
6112    Accounting System Manual developed by the Chief Financial
6113    Officer pursuant to s. 218.33. Expenditure data provided for
6114    specific programs or purposes shall include identification of
6115    the specific account codes within the Uniform Accounting System
6116    Manual in which the costs were recorded. The clerks of the
6117    court, or the appropriate county officer in those counties where
6118    the clerk of court is not the county's chief financial officer,
6119    must reconcile the expenditure data provided to the Chief
6120    Financial Officer with the Annual Financial Report required by
6121    s. 218.32. The clerks of court must attest to the accuracy of
6122    the expenditure data provided to the Chief Financial Officer.
6123    State attorneys, public defenders, court administrators, boards
6124    of county commissions chairpersons, and sheriffs shall each
6125    attest to the accuracy of any expenditure data they submit to
6126    the clerks.
6127          (2) The Chief Financial Officer shall reimburse
6128    individuals for travel costs incurred as a result of
6129    participation in the collection and analysis of the expenditure
6130    data from funds specifically appropriated for such purpose.
6131          (3) The Chief Financial Officer shall submit a report to
6132    the President of the Senate and Speaker of the House of
6133    Representatives no later than November 1, 2003, summarizing the
6134    court-related cost information submitted by the clerks of court.
6135          (4) The sum of $200,000 from the Insurance Regulatory
6136    Trust Fund is appropriated to the Department of Financial
6137    Services for state fiscal year 2003-2004 to support this
6138    project.
6139          Section 145. It is the intent of the Legislature to
6140    implement Revision 7 to Article V of the Florida Constitution in
6141    a way which recognizes the allocation of funding
6142    responsibilities among the state, counties, and system users.
6143    The Legislature hereby declares that the provisions of this act
6144    designed to achieve that allocation of responsibility fulfills
6145    an important state interest.
6146          Section 146. For the purpose of implementing Section 14,
6147    Article V of the State Constitution, the transfer of the funding
6148    responsibility for the state courts system shall not affect the
6149    validity of any judicial or administrative proceeding pending on
6150    the day of the transfer. The entity providing appropriations on
6151    and after July 1, 2004, shall be considered the successor in
6152    interest to any existing contracts ratified by the successor
6153    entity, but is not responsible for funding or payment of any
6154    service rendered or provided, in whole or in part, prior to July
6155    1, 2004.
6156          Section 147. Notwithstanding any law to the contrary, any
6157    judicial act may be taken or performed on any day of the week,
6158    including Sundays and holidays.
6159          Section 148. Notwithstanding s. 938.19, Florida Statutes,
6160    to the contrary, any court may use surplus funds provided for
6161    teen courts for juvenile drug courts. This section expires July
6162    1, 2004.
6163          Section 149. Service charges and fees imposed by the
6164    governing authority of counties by ordinance and special law
6165    pursuant to authority granted in ss. 28.242–34.041, Florida
6166    Statutes, prior to June 30, 2004, are repealed and abolished
6167    effective July 1, 2004.
6168          Section 150. Each clerk of the court shall submit to the
6169    President of the Senate and the Speaker of the House of
6170    Representatives by November 1, 2003, a report identifying court-
6171    related functions and associated costs for county fiscal year
6172    2003-2004. The report shall detail the methodologies used to
6173    apportion costs between court-related and non-court-related
6174    functions performed by the clerk.
6175          Section 151. By October 1, 2003, each clerk of the court
6176    must notify the Clerk of Court Operations Conference created
6177    pursuant to s. 28.35, Florida Statutes, of the entire schedule
6178    of court-related fees, service charges, and costs that he or she
6179    elects to charge effective July 1, 2004, based on the statutory
6180    authorizations that are effective July 1, 2004. The Clerk of
6181    Court Operations Conference shall submit this information to the
6182    Legislature in a uniform format with appropriate summaries and
6183    explanatory information no later than November 1, 2003.
6184          Section 152. Sections 25.402 and 34.201, Florida Statutes,
6185    are repealed.
6186          Section 153. Effective July 1, 2004, sections 27.005,
6187    27.006, 27.271, 27.33, 27.3455, 27.36, 27.385, 27.605, 29.002,
6188    29.003, 29.009, 29.011, 43.28, 50.071, 57.091, 218.325, 914.06,
6189    925.035, 925.036, 925.037, 939.05, 939.07, 939.10, and 939.15,
6190    Florida Statutes, are repealed.
6191          Section 154. If any law amended by this act was also
6192    amended by a law enacted at the 2003 Regular Session of the
6193    Legislature, such laws shall be construed as if they had been
6194    enacted at the same session of the Legislature, and full effect
6195    shall be given to each if possible.
6196          Section 155. Except as otherwise provided herein, this act
6197    shall take effect July 1, 2003.
6198