ENROLLED HB 0113A 2003 Legislature
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