HB 0085A 2003
1	A bill to be entitled
2	An act relating to the judicial system; amending s.
3	25.073, F.S.; revising a definition for purposes of
4	retired justices or judges assigned to temporary duty;
5	amending s. 25.383, F.S.; removing provisions relating to
6	fees for certification and renewal of certification of
7	court reporters; amending s. 25.384, F.S.; expanding the
8	use of the Court Education Trust Fund; revising the title
9	of pt. I, ch. 27, F.S.; renumbering and amending s. 43.35,
10	F.S.; requiring witness coordination to be provided by the
11	state attorneys and public defenders; amending s. 27.02,
12	F.S.; restricting duties of state attorneys before circuit
13	and county courts; requiring the state attorney to provide
14	discovery materials to a defendant; providing for fees;
15	amending s. 27.04, F.S.; revising provisions relating to
16	summoning and examining witnesses for the state to cover
17	any violation of the law; amending s. 27.15, F.S.;
18	providing for payment of expenses for a state attorney to
19	assist in another circuit; amending s. 27.25, F.S.;
20	providing that state attorneys may employ personnel and
21	receive appropriations as authorized by the General
22	Appropriations Act; amending s. 27.34, F.S.; prohibiting
23	counties or municipalities from funding the state
24	attorneys' offices for prosecution of violations of
25	special laws or ordinances; eliminating provisions
26	authorizing the use of funds for certain civil and
27	criminal proceedings; eliminating provisions requiring
28	counties to provide certain services and pay certain fees,
29	expenses, and costs incurred by the state attorney;
30	amending s. 27.35, F.S.; providing that salaries of state
31	attorneys shall be provided in the General Appropriations
32	Act; revising the title of pt. III, ch. 27, F.S.; creating
33	s. 27.40, F.S.; providing requirements for court-appointed
34	counsel; providing for circuit registries of private
35	attorneys; requiring annual fees; specifying
36	inapplicability to court-appointed counsel in
37	postconviction capital collateral cases; creating s.
38	27.42, F.S.; providing for the composition, staff,
39	responsibilities, and funding of circuit Article V
40	indigent services committees; requiring the preparation
41	and distribution of a statewide comparative budget report
42	relating to circuit Article V indigent services committees
43	by the Justice Administrative Commission; providing for
44	the appropriation of funds for attorney's fees and
45	expenses in criminal conflict cases and in child
46	dependency cases and other court-appointed counsel cases;
47	amending s. 27.51, F.S.; revising duties of the public
48	defender; specifying additional indigent persons for whom
49	the public defender is required to secure representation;
50	deleting provisions relating to limitations on
51	representation by public defenders in direct appeals of
52	death penalty cases; amending s. 27.52, F.S.; revising
53	provisions relating to determination of indigence;
54	requiring the clerk of the circuit court to make such
55	determination; providing for payment of application fees;
56	providing for deposit of recovered amounts into the
57	General Revenue Fund; providing for a payment program;
58	amending s. 27.53, F.S.; revising method of funding
59	offices of public defender; specifying that special
60	assistant public defenders are volunteer attorneys;
61	amending s. 27.5301, F.S.; revising method of paying
62	salaries of public defenders; creating s. 27.5303, F.S.;
63	providing requirements for appointment of counsel in
64	conflict of interest of public defender; providing
65	criteria for determining whether a conflict of interest
66	exists; prohibiting withdrawal based solely on lack of
67	funding or excess workload; creating s. 27.5304, F.S.;
68	providing for compensation of private court-appointed
69	counsel; amending s. 27.54, F.S.; prohibiting counties or
70	municipalities from funding the public defenders' offices
71	for prosecution of violations of special laws or
72	ordinances; eliminating provisions requiring counties to
73	provide certain services and pay certain fees, expenses,
74	and costs incurred by the public defender; amending s.
75	27.562, F.S.; providing for disposition of funds collected
76	for legal assistance; amending s. 27.58, F.S.; revising
77	provisions relating to administration of public defender
78	services; amending s. 27.702, F.S.; conforming
79	terminology; amending s. 28.101, F.S.; authorizing an
80	increase in the service charge for filing for dissolution
81	of marriage; renumbering and amending s. 43.195, F.S.;
82	authorizing a clerk to dispose of items of physical
83	evidence in cases where no collateral attack is pending;
84	creating s. 28.215, F.S.; providing for pro se assistance;
85	amending s. 28.24, F.S.; prohibiting the clerk of the
86	court from charging court officials for copies of public
87	records; modifying the service charges for services
88	rendered by the clerk of the court in recording documents
89	and instruments and in performing certain other duties;
90	eliminating the charges for court attendance by each clerk
91	or deputy clerk, court minutes, making and reporting
92	payrolls of jurors, issuing jury summons, and paying
93	witnesses and making and reporting payrolls; amending s.
94	28.2401, F.S.; authorizing an increase in various service
95	charges for probate matters; prohibiting county governing
96	authorities from imposing additional charges; creating s.
97	28.2402, F.S.; imposing a fee on a county or municipality
98	for filing a municipal code or ordinance violation in
99	court; amending s. 28.241, F.S.; authorizing an increase
100	in the fee for filing a civil action in circuit court;
101	requiring that a portion of the fee be remitted to the
102	Clerk of Court Operations Conference; providing a filing
103	fee for reopening a civil action, suit, or proceeding;
104	providing for a reduction in that fee for a petition to
105	modify a final judgment of dissolution; authorizing
106	increases in other filing fees; deleting provisions
107	authorizing a county to assess amounts in excess of
108	specified service charges; prohibiting additional fees,
109	charges, or costs; amending s. 28.245, F.S.; requiring
110	electronic transmittal of funds collected by the clerks of
111	court to the Department of Revenue; creating s. 28.246,
112	F.S.: providing requirements for payment of court-related
113	fees, charges, and costs; providing for collection by
114	private attorney or collection agent; creating s. 28.35,
115	F.S.; establishing the Clerk of Court Operations
116	Conference; providing membership; providing duties of the
117	conference, including recommending changes in court-
118	related fines, fees, service charges, and cost schedules
119	to the Legislature, establishing a process for review and
120	approval of proposed budgets submitted by the clerks of
121	the court, certification of budget insufficiencies, and
122	publication of a schedule of maximum fines, fees, service
123	charges, and costs that may be charged; providing for a
124	clerk education program; requiring maintenance of a public
125	depository to receive funds for operations; requiring an
126	annual financial audit; creating s. 28.36, F.S.; providing
127	budget review and approval procedures for the court-
128	related functions of the clerks of the courts; creating s.
129	28.37, F.S.; providing for certain revenues collected by
130	the clerks to be remitted to the state to pay certain
131	costs of the state courts system; requiring the Department
132	of Revenue to adopt rules; amending s. 29.001, F.S.;
133	defining the elements of the state courts system;
134	providing for using state revenue to pay certain costs
135	associated with those elements; specifying expenses that
136	counties must pay; amending s. 29.004, F.S.; revising and
137	expanding the list of elements of the state courts system
138	to be provided from state revenues appropriated by general
139	law; amending s. 29.005, F.S.; revising and expanding the
140	list of elements of state attorneys' offices to be
141	provided from state revenues appropriated by general law;
142	amending s. 29.006, F.S.; revising and expanding the list
143	of elements of public defenders' offices to be provided
144	from state revenues appropriated by general law; amending
145	s. 29.007, F.S.; revising and expanding the list of
146	elements of court-appointed counsel to be provided from
147	state revenues appropriated by general law; amending s.
148	24, ch. 2000-237, Laws of Florida, to delay the effective
149	date of s. 29.008, F.S.; amending s. 29.008, F.S.,
150	relating to county funding of court-related functions;
151	redefining terms; providing standards that facilities and
152	communications systems and services must meet to qualify
153	for funding; requiring that the integrated computer system
154	be made capable of electronically exchanging certain data
155	using specified means at certain levels by a specific
156	date; providing for defining local requirements and
157	adopting a budget therefor; creating s. 29.0085, F.S.;
158	modifying county revenue and expenditure reporting
159	requirements; creating s. 29.014, F.S.; creating the
160	Article V Indigent Services Advisory Board; providing for
161	appointment of members and terms; providing for
162	organization; providing duties; creating ss. 29.015 and
163	29.016, F.S.; establishing contingency funds for the
164	Justice Administrative Commission and the judicial branch
165	to alleviate deficits in due process services
166	appropriation categories; providing requirements for
167	utilization of the funds; amending s. 34.032, F.S.;
168	providing for funding of arrest warrants for violation of
169	county or municipal ordinances; amending s. 34.041, F.S.;
170	providing for filing fees and costs in county courts;
171	providing for disposition of funds collected; amending s.
172	34.13, F.S.; requiring administration of oaths relating to
173	violation of a municipal ordinance to be at municipal
174	expense; amending s. 34.171, F.S.; requiring county
175	funding of bailiff salaries; amending s. 34.181, F.S.,
176	relating to branch courts; providing a cross reference;
177	amending s. 34.191, F.S.; providing for collection and
178	distribution of fines and forfeitures ; amending s.
179	39.0134, F.S.; providing for compensation of appointed
180	counsel in dependency proceedings; amending s. 39.4075,
181	F.S.; requiring parties to contribute to the cost of
182	dependency mediation; amending s. 39.815, F.S.; revising a
183	cross reference; creating s. 40.001, F.S.; providing
184	authority and duties of the chief judge; amending s.
185	40.02, F.S., relating to selection of jury lists;
186	providing for performance of and payment for such duties;
187	amending s. 40.29, F.S.; revising provisions relating to
188	duty of clerks of court to make estimates and requisitions
189	for certain due process costs; amending s. 40.30, F.S.;
190	requiring the estimate and requisition for payment of
191	jurors and witnesses to be endorsed by the Justice
192	Administrative Commission or designee; updating
193	terminology; amending s. 43.16, F.S.; removing reference
194	to Justice Administrative Commission as part of the
195	judicial branch; expanding duties of the commission
196	relating to court-appointed counsel; amending s. 43.26,
197	F.S.; redesignating the presiding judge of the circuit as
198	the chief judge of the circuit; providing additional
199	powers of the chief judge; amending s. 44.108, F.S.;
200	deleting provisions authorizing a county to levy service
201	charges for court mediation and arbitration; assessing a
202	filing fee on court proceedings; depositing fees in the
203	Mediation and Arbitration Trust Fund; amending s. 49.10,
204	F.S.; removing a cross reference; amending s. 55.10, F.S.;
205	authorizing an increase in the fee for serving a
206	certificate of lien; amending s. 55.141, F.S.; conforming
207	a cross reference; amending s. 55.505, F.S.; authorizing
208	an increase in the service charge for recording a foreign
209	judgment; amending s. 57.081, F.S.; revising provisions
210	relating to costs and services provided to indigent
211	persons; amending s. 57.085, F.S.; revising provisions
212	relating to waiver of prepayment of court costs and fees
213	for indigent prisoners; amending s. 61.14, F.S.;
214	authorizing an increase in certain fees assessed for
215	delinquency of child support and alimony; amending s.
216	61.181, F.S.; continuing the fee imposed on certain
217	payments of alimony and child support; amending s. 61.21,
218	F.S.; providing for authorization of parenting course by
219	the Department of Children and Family Services; amending
220	s. 77.28, F.S.; conforming a cross reference; amending s.
221	92.153, F.S.; providing maximum charges for documents
222	produced pursuant to subpoenas or records request issued
223	by the state attorney or the public defender; amending s.
224	92.231, F.S.; providing for payment of expert witness
225	fees; renumbering and amending s. 914.09, F.S.; providing
226	for compensation of witnesses summoned in two or more
227	criminal cases; amending s. 125.69, F.S.; providing
228	funding requirements with respect to prosecution of
229	violations of county ordinances; amending s. 142.01, F.S.;
230	providing for the clerk of the court to establish a fine
231	and forfeiture fund in each county to be used to pay the
232	costs of court-related functions; deleting provisions
233	authorizing counties to receive funds to pay the cost of
234	criminal prosecutions and transfer excess funds to the
235	county general fund; amending s. 142.02, F.S.; limiting
236	the use of county funds from a levy of a special tax to
237	pay for the cost of criminal prosecutions; amending s.
238	142.03, F.S.; requiring that fines and forfeitures be used
239	to pay the costs of court-related functions; amending s.
240	142.15, F.S.; requiring that fees collected by the sheriff
241	be remitted to the clerk in the county where the crime was
242	alleged to have been committed; amending s. 142.16, F.S.;
243	requiring that fines and forfeitures be remitted to the
244	clerk in the county in which the case was adjudicated;
245	amending s. 145.022; prohibiting a county from
246	appropriating a salary to the clerk of the court based on
247	the fees collected; creating s. 162.30, F.S.; providing
248	for civil actions to enforce county and municipal
249	ordinances; amending ss. 197.532, 197.542, and 197.582,
250	F.S.; conforming cross references; amending s. 212.055,
251	F.S.; revising the definition of "infrastructure" for
252	purposes of the local government infrastructure surtax;
253	amending s. 212.20, F.S.; revising the distribution of the
254	proceeds from certain local-option taxes; amending s.
255	218.21, F.S.; revising the guaranteed entitlement of
256	municipalities to certain state revenue sharing; amending
257	s. 218.25, F.S.; allowing a county to assign, pledge, or
258	set aside certain funds as a trust for payment on
259	indebtedness; amending s. 218.35, F.S.; revising
260	requirements for budget preparation by the clerk of the
261	circuit court as county fee officer; amending s. 318.15,
262	F.S.; authorizing an increase in various fees for persons
263	failing to comply with civil penalties, attend driver
264	improvement school, or appear at a hearing; amending s.
265	318.18, F.S.; authorizing an increase in various fees for
266	penalties for noncriminal dispositions; creating
267	additional charges and fees to be paid to the clerk of the
268	court; authorizing an increase in the fee to dismiss
269	citations; providing for disposition of funds collected;
270	amending s. 318.21, F.S.; revising disposition of civil
271	penalties collected by county courts; amending s. 318.325,
272	F.S.; specifying jurisdiction and procedure for parking
273	infractions; amending s. 322.245, F.S.; authorizing an
274	increase in the delinquency fee for persons charged with
275	specified criminal offenses who fail to comply with the
276	directives of the court; amending s. 327.73, F.S.;
277	authorizing an increase in the charge for court costs for
278	failure to comply with the court's requirements or failure
279	to pay specified civil penalties; amending s. 382.023,
280	F.S.; authorizing an increase in the fee for dissolution
281	of marriage; revising the portion to be retained by the
282	circuit court and the portion remitted to the state, to
283	conform; amending ss. 392.55, 392.56, and 394.473, F.S.;
284	conforming terminology; amending s. 395.3025, F.S.;
285	conforming cross references; amending s. 397.334, F.S.;
286	making treatment-based drug court programs a county option
287	and providing county funding requirements; amending s.
288	712.06, F.S.; conforming cross references; amending s.
289	713.24, F.S.; authorizing an increase in the fee for
290	certain services performed by the clerk of the court in
291	transferring liens; amending s. 721.83, F.S.; requiring
292	filing fees and service charges to be paid separately for
293	each defendant in a consolidated foreclosure action;
294	amending s. 741.30, F.S., relating to domestic violence;
295	providing for certain notice to petitioners relating to
296	indigence; amending s. 744.3135, F.S.; authorizing an
297	increase in the fee paid to the clerk of the court for
298	processing guardian files; amending s. 744.365, F.S.;
299	authorizing an increase in the fee paid to the clerk of
300	the court for an inventory filed by a guardian; deleting
301	provisions requiring that the county pay the auditing fee
302	when such fee is waived by the court; amending s.
303	744.3678, F.S.; authorizing an increase in the fees paid
304	by the guardian to the clerk of the court for filing an
305	annual financial return; prohibiting the clerk of the
306	circuit court from billing the county for a waived fee;
307	amending s. 775.083, F.S.; deleting provisions authorizing
308	counties to impose and collect additional fines to be used
309	to pay for local crime prevention programs; providing for
310	the disposition of fines and costs; requiring funding of
311	crime prevention programs in counties; amending s. 796.07,
312	F.S.; conforming a reference; amending s. 914.11, F.S.;
313	requiring the state to pay certain costs and expenses of
314	indigent defendants presently unable to pay; amending s.
315	916.107, F.S.; providing for right to treatment of
316	forensic clients presently unable to pay; amending s.
317	916.15, F.S., relating to involuntary commitment of
318	defendant adjudicated not guilty by reason of insanity;
319	providing for representation by the public defender if the
320	defendant is indigent; amending s. 938.01, F.S., relating
321	to Additional Court Cost Clearing Trust Fund; requiring
322	payment of court costs; amending s. 938.03, F.S., relating
323	to Crimes Compensation Trust Fund; requiring payment of
324	additional court costs; amending s. 938.05, F.S.;
325	directing court costs to be deposited in the clerk of the
326	courts fine and forfeiture fund instead of the county
327	trust fund; amending s. 938.06, F.S.; removing a
328	restriction on local liability for payment of costs for
329	crime stoppers programs; amending s. 938.19, F.S.;
330	authorizing counties to fund teen courts; amending s.
331	938.27, F.S.; revising provisions relating to judgment for
332	costs on conviction; requiring payment of such costs;
333	amending s. 938.29, F.S.; providing payment requirements
334	for certain legal assistance; providing requirements for
335	deposit and use of funds collected for attorney's fees and
336	costs; amending s. 938.30, F.S.; specifying financial
337	obligations in criminal cases; amending s. 938.35, F.S.;
338	revising provisions for collection of court-related
339	financial obligations; amending s. 939.06, F.S., relating
340	to acquitted defendant not liable for costs; removing
341	county obligation to pay; amending s. 939.08, F.S.;
342	revising requirements for relating to certification of
343	costs; amending s. 939.12, F.S.; providing for payment of
344	costs against state in Supreme Court; reenacting s.
345	943.053, F.S., relating to the dissemination of criminal
346	justice information, to incorporate the amendments to ss.
347	27.51 and 27.53, F.S.; amending s. 947.18, F.S.;
348	conforming a reference; amending s. 948.03, F.S.;
349	conforming a cross reference; amending s. 960.001, F.S.;
350	conforming references; amending s. 984.08, F.S.;
351	conforming terminology; amending s. 985.203, F.S.,
352	relating to right to counsel; providing for imposition of
353	costs of representation; amending ss. 985.215, 985.231,
354	and 985.233, F.S.; conforming terminology; providing for a
355	review of the Florida Accounting Information Resource
356	subsystem and the Uniform Accounting System Manual with
357	respect to Article V funding; requiring implementation of
358	necessary revisions; providing for a study of county
359	expenditures for court-related services; providing
360	requirements; providing for reimbursement of travel costs;
361	requiring a report; requiring a report on costs of court-
362	related services provided by the counties; providing
363	specific requirements; providing for reimbursement of
364	certain expenses; providing an appropriation; providing a
365	statement of important state interest; providing that the
366	transfer of the funding responsibility for the state
367	courts system shall not affect the validity of any
368	judicial or administrative proceeding pending on the day
369	of the transfer; providing that the entity providing
370	appropriations on and after July 1, 2004, shall be
371	considered the successor in interest to any existing
372	contracts, but is not responsible for funding or payment
373	of any service rendered or provided prior to July 1, 2004;
374	authorizing judicial acts to be taken or performed on any
375	day of the week, including Sundays and holidays;
376	authorizing surplus funds for teen courts to be used for
377	juvenile drug courts; repealing certain services charges
378	and fees imposed by counties prior to June 30, 2004;
379	requiring each clerk of the court to submit to the
380	Legislature a report identifying court-related functions
381	and associated costs for county fiscal year 2003-2004;
382	requiring each clerk of the court to notify the Clerk of
383	Court Operations Conference of the schedule of court-
384	related fees, service charges, and costs to be put into
385	effect July 1, 2004, and requiring the conference to
386	submit such information to the Legislature; repealing s.
387	25.402, F.S., relating to the County Article V Trust Fund;
388	repealing s. 27.005, F.S., relating to definitions
389	applicable to state attorneys and public defenders;
390	repealing s. 27.006, F.S., relating to court reporting
391	services; repealing s. 27.271, F.S., relating to per diem
392	and mileage for state attorneys and assistant state
393	attorneys; repealing s. 27.33, F.S., relating to state
394	attorney submission of annual budget; repealing s.
395	27.3455, F.S., relating to annual statement of court-
396	related revenues and expenditures; repealing s. 27.36,
397	F.S., relating to the Office of Prosecution Coordination;
398	repealing s. 27.385, F.S., relating to state attorney
399	budget expenditures and expenditure reports; repealing s.
400	27.605, F.S., relating to public defender budget
401	expenditures and expenditure reports; repealing s. 29.002,
402	F.S., relating to the basis for funding the state courts
403	system; repealing s. 29.003, F.S., relating to the phase-
404	in schedule for court funding; repealing s. 29.009, F.S.,
405	relating to the contingency fund for criminal-related
406	costs of counties; repealing s. 29.011, F.S., relating to
407	conflict counsel pilot projects; repealing s. 34.201,
408	F.S., relating to the County Article V Trust Fund;
409	repealing s. 43.28, F.S., relating to county provision of
410	court facilities; repealing s. 50.071, F.S., relating to
411	court docket funds; repealing s. 57.091, F.S., relating to
412	costs refunded to counties in certain proceedings relating
413	to state prisoners; repealing s. 218.325, F.S., relating
414	to the uniform chart of accounts and financial reporting
415	for court and justice system costs and revenues; repealing
416	s. 914.06, F.S., relating to compensation of expert
417	witnesses in criminal cases; repealing s. 925.035, F.S.,
418	relating to appointment and compensation of an attorney in
419	capital cases and appeals from judgments imposing the
420	death penalty; repealing s. 925.036, F.S., relating to
421	compensation of appointed counsel and prohibition against
422	reassignment or subcontracting of case to another
423	attorney; repealing s. 925.037, F.S., relating to
424	reimbursement of counties for fees paid to appointed
425	counsel and circuit conflict committees; repealing s.
426	939.05, F.S., relating to discharge of insolvent defendant
427	without payment of costs; repealing s. 939.07, F.S.,
428	relating to payment of defendant's witnesses; repealing s.
429	939.10, F.S., relating to duty of board of county
430	commissioners to verify mileage and actual and necessary
431	services and expenses; repealing s. 939.15, F.S., relating
432	to costs paid by counties in cases of insolvency;
433	providing for construction of the act in pari materia with
434	laws enacted during the 2003 Regular Session of the
435	Legislature; providing effective dates.
436
437	Be It Enacted by the Legislature of the State of Florida:
438
439	Section 1. Subsection (1) of section 25.073, Florida
440	Statutes, is amended to read:
441	25.073 Retired justices or judges assigned to temporary
442	duty; additional compensation; appropriation.--
443	(1) For purposes of this section, the term "retired
444	justice" or "retired judge" means any former justice or judge
445	who:
446	(a) Has not been defeated in seeking reelection to, or has
447	not failed to be retained in seeking retention in, his or her
448	last judicial office or was not defeated when last seeking
449	election to judicial office; and
450	(b) Is not engaged in the practice of law.
451	Section 2. Effective July 1, 2004, section 25.383, Florida
452	Statutes, is amended to read:
453	25.383 Standards for court reporters; procedures; rules of
454	professional conduct, discipline, and training; fees.--The
455	Supreme Court shall establish minimum standards and procedures
456	for qualifications, certification, discipline, and training for
457	court reporters. The Supreme Court is authorized to set fees to
458	be charged to applicants for certification and renewal of
459	certification. The revenues generated from such fees shall be
460	used to offset the costs of administration of the certification
461	process.The Supreme Court may appoint or employ such personnel
462	as are necessary to assist the court in exercising its powers
463	and performing its duties under this section.
464	Section 3. Effective July 1, 2004, paragraph (a) of
465	subsection (2) of section 25.384, Florida Statutes, is amended
466	to read:
467	25.384 Court Education Trust Fund.--
468	(2)(a) The trust fund moneys shall be used to provide
469	judicial education and training for judges and other court
470	personnel as defined and determined by the Florida Court
471	Educational Council, the State Courts Administrator and his or
472	her staff, trial court administrators, and appellate court law
473	clerks. In addition, funds may be used for the development and
474	implementation of an educational program for the clerks of court
475	as set forth in s. 145.051(2).
476	Section 4. Part I of chapter 27, entitled "Definitions;
477	Court Reporters," is retitled as "Court Reporters; Witness
478	Coordination," and shall consist of sections 27.0055, 27.006,
479	27.0061, and 27.0065, Florida Statutes. This section shall take
480	effect July 1, 2004.
481	Section 5. Effective July 1, 2004, section 43.35, Florida
482	Statutes, is renumbered as section 27.0065, Florida Statutes,
483	and amended to read:
484	27.006543.35 Witness coordinationcoordinating offices.--
485	Each state attorney and public defendercourt administrator
486	shall establish a witness coordinating office in each county
487	within his or her judicial circuit. The officeshall be
488	responsible for:
489	(1) Coordinating court appearances, including pretrial
490	conferences and depositions, for all witnesses who are
491	subpoenaed in criminal cases, including law enforcement
492	personnel.
493	(2) Contacting witnesses and securing information
494	necessary to place a witness on an on-call status with regard to
495	his or her court appearance.
496	(3) Contacting witnesses to advise them not to report to
497	court in the event the case for which they have been subpoenaed
498	has been continued or has had a plea entered, or in the event
499	there is any other reason why their attendance is not required
500	on the dates they have been ordered to report.
501	(4) Contacting the employer of a witness, when necessary,
502	to confirm that the employee has been subpoenaed to appear in
503	court as a witness.
504
505	In addition, the state attorney or public defenderthe office
506	may provide additional services to reduce time and wage losses
507	to a minimum for all witnesses.
508	Section 6. Effective July 1, 2004, section 27.02, Florida
509	Statutes, is amended to read:
510	27.02 Duties before court.--
511	(1)The state attorney shall appear in the circuit and
512	county courts within his or her judicial circuit and prosecute
513	or defend on behalf of the state all suits, applications, or
514	motions, civil or criminal, in which the state is a party,
515	except as provided in chapters 39, 984, and 985. The intake
516	procedures of chapters 39, 984, and 985 shall apply as provided
517	therein. The state attorney shall not appear in the circuit and
518	county courts within his or her judicial circuit for the purpose
519	of prosecuting violations of special laws, unless expressly
520	authorized, or violations of county or municipal ordinances,
521	unless ancillary to a state prosecution and authorized by the
522	prosecuting attorney of the county.
523	(2) The state attorney shall provide to the defendant all
524	discovery materials required pursuant to the applicable rule of
525	procedure and may charge fees as provided for in s.
526	119.07(1)(a), not to exceed 15 cents per page for a copy of a
527	noncertified copy of a public record. However, these fees may be
528	deferred if the defendant has been determined to be indigent as
529	provided in s. 27.52.
530	Section 7. Section 27.04, Florida Statutes, is amended to
531	read:
532	27.04 Summoning and examining witnesses for state.--The
533	state attorney shall have summoned all witnesses required on
534	behalf of the state; and he or she is allowed the process of his
535	or her court to summon witnesses from throughout the state to
536	appear before the state attorney in or out of term time at such
537	convenient places in the state attorney's judicial circuit and
538	at such convenient times as may be designated in the summons, to
539	testify before him or her as to any violation of the criminal
540	law upon which they may be interrogated, and he or she is
541	empowered to administer oaths to all witnesses summoned to
542	testify by the process of his or her court or who may
543	voluntarily appear before the state attorney to testify as to
544	any violation or violations of the criminallaw.
545	Section 8. Subsection (2) of section 27.15, Florida
546	Statutes, is amended to read:
547	27.15 State attorneys to assist in other circuits.--
548	(2) When any state attorney is required to go beyond the
549	limits of the circuit in which he or she holds office to comply
550	with this section or on other official business performed at the
551	direction of the Governor, the expenses that would otherwise not
552	have been incurred but for the executive assignmentincurred
553	shall be borne by the state and shall be paid from the
554	appropriation provided by the state for the state attorney who
555	is being assisted in the discharge of his or her duties. Other
556	costs attendant to the prosecution of such cases shall be paid
557	by the entity obligated to pay the expense in the absence of an
558	executive assignmentcircuit courts.
559	Section 9. Effective July 1, 2004, subsections (1) and (5)
560	of section 27.25, Florida Statutes, are amended to read:
561	27.25 State attorney authorized to employ personnel;
562	funding formula.--
563	(1) The state attorney of each judicial circuit is
564	authorized to employ and establish, in such number as is
565	authorized by the General Appropriations Acthe or she shall
566	determine, assistant state attorneys, investigators, and
567	clerical, secretarial, and other staff pursuant to s. 29.005
568	personnel, who shall be paid from funds appropriated for that
569	purpose. The state attorneys of all judicial circuits shall
570	jointly develop a coordinated classification and pay plan which
571	shall be submitted on or before January 1 of each year to the
572	Justice Administrative Commission, the office of the President
573	of the Senate, and the office of the Speaker of the House of
574	Representatives. Such plan shall be developed in accordance with
575	policies and procedures of the Executive Office of the Governor
576	established pursuant to s. 216.181.
577	(5) The appropriations for the offices of state attorneys
578	shall be determined by a funding formula based on population and
579	such other factors as may be deemed appropriate in a manner to
580	be determined by this sectionsubsection and the Generalany
581	subsequentAppropriations Act.
582	Section 10. Effective July 1, 2004, section 27.34, Florida
583	Statutes, is amended to read:
584	27.34 Limitations on payment ofsalaries and other related
585	costs of state attorneys' offices other than by the state;
586	limitations.--
587	(1) ANo county or municipality may not contract with, or
588	shall appropriate or contribute funds to the operation of,the
589	various state attorneys for the prosecution of, except that a
590	county or municipality may appropriate or contribute funds to
591	pay the salary of one assistant state attorney whose sole
592	function shall be to prosecute violations of special laws,
593	unless expressly authorized,or ordinances of the county or
594	municipality, unless ancillary to a state prosecution.and may
595	provide Persons employed by the county or municipality may be
596	providedto the state attorney to serve as special investigators
597	pursuant to the provisions of s. 27.251. However, any county or
598	municipality may contract with the state attorney of the
599	judicial circuit in which such county or municipality is located
600	for the prosecution of violations of county or municipal
601	ordinances. In addition, a county or municipality may
602	appropriate or contribute funds to pay the salary of one or more
603	assistant state attorneys who are trained in the use of the
604	civil and criminal provisions of the Florida RICO Act, chapter
605	895, and whose sole function is to investigate and prosecute
606	civil and criminal RICO actions when one or more offenses
607	identified in s. 895.02(1)(a) occur within the boundaries of the
608	municipality or county.
609	(2) The state attorneys shall be provided by the counties
610	within their judicial circuits with such office space,
611	utilities, telephone service, custodial services, library
612	services, transportation services, and communication services as
613	may be necessary for the proper and efficient functioning of
614	these offices, except as otherwise provided in the General
615	Appropriations Act. The state attorney's office shall also be
616	provided with pretrial consultation fees for expert or other
617	potential witnesses consulted before trial by the state
618	attorney; travel expenses incurred in criminal cases by a state
619	attorney in connection with out-of-jurisdiction depositions;
620	out-of-state travel expenses incurred by assistant state
621	attorneys or by investigators of state attorneys while
622	attempting to locate and interrogate witnesses for the state
623	attorney in the prosecution of a criminal case; court reporter
624	costs incurred by the state attorney during the course of an
625	investigation and criminal prosecution which costs are certified
626	by the state attorney as being useful and necessary in the
627	prosecution, provided that nothing herein shall be construed to
628	prohibit the county from contesting the reasonableness of the
629	expenditure in the court wherein the criminal case is brought;
630	postindictment and postinformation deposition costs incurred by
631	the state attorney during the course of a criminal prosecution
632	of an insolvent defendant when such costs are certified by the
633	state attorney as being useful and necessary in the prosecution,
634	provided that nothing herein shall be construed to prohibit the
635	county from contesting the reasonableness of the expenditure in
636	the court wherein the criminal case is brought; and the cost of
637	copying depositions of state witnesses taken by the public
638	defender, court-appointed counsel, or private retained counsel,
639	when such costs are certified by the state attorney as being
640	useful and necessary in the prosecution, provided that nothing
641	herein shall be construed to prohibit the county from contesting
642	the reasonableness of the expenditure in the court wherein the
643	criminal case is brought. The office space to be provided by the
644	counties shall not be less than the standards for space
645	allotment adopted by the Department of Management Services, nor
646	shall these services and office space be less than were provided
647	in the prior fiscal year.
648	(2)(3)It is hereby prohibited for any state attorney to
649	receive from any county or municipality any supplemental salary.
650	However in judicial circuits with a population of 1 million or
651	more, state attorneys presently holding office and now receiving
652	a county supplement may continue to receive a county salary
653	supplement at the discretion of the counties for the remainder
654	of their term of office.
655	(3)(4) Notwithstanding s. 27.25, the Chief Financial
656	OfficerInsurance Commissionermay contract with the state
657	attorney of any judicial circuit of the state for the
658	prosecution of criminal violations of the Workers' Compensation
659	Law and related crimes if the Chief Financial Officer
660	contributesand may contributefunds for such purposes. Such
661	contracts may provide for the training, salary, and expenses of
662	one or more assistant state attorneys used in the prosecution of
663	such crimes.
664	Section 11. Section 27.35, Florida Statutes, is amended to
665	read:
666	27.35 Salaries of state attorneys.--
667	(1)Each state attorney shall receive as salary the amount
668	provided in the General Appropriations Actsubsection (2) and
669	subsequent appropriations acts.
670	(2) The annual salaries for state attorneys shall be as
671	follows:
672	(a) In those circuits having a population of 100,000 or
673	less $28,000.
674	(b) In those circuits having a population of more than
675	100,000 but less than 200,000 30,000.
676	(c) In those circuits having a population of more than
677	200,000 32,000.
678	Section 12. Part III of chapter 27, entitled "Public
679	Defenders," is retitled as "Public Defenders and Other Court-
680	appointed Counsel," and shall consist of sections 27.40, 27.42,
681	27.50, 27.51, 27.512, 27.52, 27.525, 27.53, 27.5301, 27.5302,
682	27.5303, 27.5304, 27.54, 27.55, 27.561, 27.562, 27.58, and
683	27.59, Florida Statutes. This section shall take effect July 1,
684	2004.
685	Section 13. Effective July 1, 2004, section 27.40, Florida
686	Statutes, is created to read:
687	27.40 Court-appointed counsel; circuit registries; minimum
688	requirements; appointment by court.--
689	(1) Counsel shall be appointed to represent any individual
690	in a criminal or civil proceeding entitled to court-appointed
691	counsel under the Federal or State Constitution or as authorized
692	by general law. The court shall appoint a public defender to
693	represent indigent persons as authorized in s. 27.51. Private
694	counsel shall be appointed to represent indigents in those cases
695	in which provision is made for court-appointed counsel but the
696	public defender is unable to provide representation due to a
697	conflict of interest or is not authorized to provide
698	representation.
699	(2) Private counsel appointed by the court to provide
700	representation shall be selected from a registry established by
701	the circuit Article V indigent services committee or procured
702	through a competitive-bidding process.
703	(3) In utilizing a registry:
704	(a) Each circuit Article V indigent services committee
705	shall compile and maintain a list of attorneys in private
706	practice, by county and by category of cases. To be included on
707	a registry, attorneys shall certify that they meet any minimum
708	requirements established in general law for court appointment,
709	are available to represent indigent defendants in cases
710	requiring court appointment of private counsel, and are willing
711	to abide by the terms of the contract for services. Each
712	attorney on the registry shall be responsible for notifying the
713	circuit Article V indigent services committee of any change in
714	his or her status. Failure to comply with this requirement shall
715	be cause for removal from the registry until the requirement is
716	fulfilled.
717	(b) The court shall appoint attorneys in rotating order in
718	the order in which names appear on the applicable registry,
719	unless the court makes a finding of good cause on the record for
720	appointing an attorney out of order. An attorney not appointed
721	in the order in which his or her name appears on the list shall
722	remain next in order.
723	(c) If it finds the number of attorneys on the registry in
724	a county or circuit for a particular category of cases is
725	inadequate, the circuit Article V indigent services committee
726	shall notify the chief judge of the particular circuit in
727	writing. The chief judge shall submit the names of at least
728	three private attorneys with relevant experience. The clerk of
729	court shall send an application to each of these attorneys to
730	register for appointment.
731	(d) Quarterly, beginning July 1, 2004, each circuit
732	Article V indigent services committee shall provide the Chief
733	Justice of the Supreme Court, the chief judge, the state
734	attorney and public defender in each judicial circuit, and the
735	clerk of court in each county with a current copy of each
736	registry.
737	(4) To be eligible for court appointment, an attorney must
738	be a member in good standing of The Florida Bar in addition to
739	any other qualifications specified by general law.
740	(5) The Justice Administrative Commission shall approve
741	uniform contract forms for use in procuring the services of
742	private court-appointed counsel based on the recommendations of
743	the Article V Indigent Services Advisory Board.
744	(6) After court appointment, the attorney must immediately
745	file a notice of appearance with the court indicating acceptance
746	of the appointment to represent the defendant.
747	(7)(a) An attorney appointed to represent a defendant or
748	other client is entitled to payment of attorney's fees and
749	expenses pursuant to s. 27.5304, only upon full performance by
750	the attorney of specified duties, approval of payment by the
751	court, and attorney submission of a payment request to the
752	Justice Administrative Commission. If an attorney is permitted
753	to withdraw or is otherwise removed from representation prior to
754	full performance of the duties specified in this section, the
755	trial court shall approve payment of attorney's fees and costs
756	for work performed in an amount not to exceed the amounts
757	specified in s. 27.5304.
758	(b) The attorney shall maintain appropriate documentation,
759	including a current and detailed hourly accounting of time spent
760	representing the defendant or other client.
761	(8) Subject to the attorney-client, work-product
762	privilege, an attorney who withdraws or is removed from
763	representation shall deliver all files, notes, documents, and
764	research to the successor attorney within 15 days after
765	receiving notice from the successor attorney. The successor
766	attorney shall bear the cost of transmitting all files, notes,
767	documents, and research.
768	(9) A circuit Article V indigent services committee or any
769	interested person may advise the court of any circumstance
770	affecting the quality of representation, including, but not
771	limited to, false or fraudulent billing, misconduct, failure to
772	meet continuing legal education requirements, solicitation to
773	receive compensation from the defendant or other client the
774	attorney is appointed to represent, or failure to file
775	appropriate motions in a timely manner.
776	(10) This section does not apply to attorneys appointed to
777	represent persons in postconviction capital collateral cases
778	pursuant to part IV of this chapter.
779	Section 14. Effective July 1, 2004, section 27.42, Florida
780	Statutes, is created to read:
781	27.42 Circuit Article V indigent services committees;
782	composition; staff; responsibilities; funding.--
783	(1) In each judicial circuit a circuit Article V indigent
784	services committee shall be established. The committee shall
785	consist of the following:
786	(a) The chief judge of the judicial circuit or the chief
787	judge's designee, who shall serve as the chair.
788	(b) The public defender of the judicial circuit.
789	(c) One experienced private criminal defense attorney
790	appointed by the chief judge to serve a 2-year term. During the
791	2-year term, the attorney is prohibited from serving as court-
792	appointed counsel.
793	(d) One experienced civil trial attorney appointed by the
794	chief judge, to serve a 2-year term. During the 2-year term, the
795	attorney is prohibited from serving as court-appointed counsel.
796	(2)(a) The responsibility of the circuit Article V
797	indigent services committee is to manage the appointment and
798	compensation of court-appointed counsel within a circuit
799	pursuant to ss. 27.40 and 27.5303. The circuit Article V
800	indigent services committee shall meet at least quarterly.
801	(b) The circuit Article V indigent services committee
802	shall maintain a registry pursuant to s. 27.40, unless procuring
803	counsel through a competitive-bidding process. The committee
804	shall apply the eligibility and performance standards set by the
805	Legislature, if any, after receiving recommendations from the
806	Article V Indigent Services Advisory Board, for the appropriate
807	category of case.
808	(c) The circuit Article V indigent services committee
809	shall develop a schedule of standard fees and expense allowances
810	for the various categories of cases, consistent with the
811	standards adopted by the Legislature, if any, after receiving
812	recommendations from the Article V Indigent Services Advisory
813	Board.
814	(3) The Justice Administrative Commission shall prepare
815	and issue on a quarterly basis a statewide report comparing
816	actual year-to-date expenditures to budgeted amounts for the
817	circuit Article V indigent services committees in each of the
818	judicial circuits. Copies of these quarterly reports shall be
819	distributed to each circuit Article V indigent services
820	committee and to the President of the Senate and the Speaker of
821	the House of Representatives.
822	(4)(a) The funding and positions for the processing of
823	committees' fees and expenses shall be as appropriated to the
824	Justice Administrative Commission in the General Appropriations
825	Act.
826	(b) Funds for criminal conflict case fees and expenses
827	shall be appropriated by the Legislature in a separate
828	appropriations category within the Justice Administrative
829	Commission. These funds shall be allocated to each circuit as
830	prescribed in the General Appropriations Act.
831	(c) Separate funds for attorneys' fees and expenses in
832	conflict cases under chapter 394 shall be appropriated by the
833	Legislature in a separate appropriations category within the
834	Justice Administrative Commission.
835	(d) The Legislature shall appropriate separate funds for
836	attorneys' fees and expenses in child dependency cases and other
837	court-appointed counsel cases in a separate appropriations
838	category within the Justice Administrative Commission.
839	Section 15. Effective July 1, 2004, section 27.51, Florida
840	Statutes, is amended to read:
841	27.51 Duties of public defender.--
842	(1) The public defender shall represent, without
843	additional compensation, any person who is determined by the
844	courtto be indigent as provided in s. 27.52 and who is:
845	(a) Under arrest for, or is charged with, a felony;
846	(b) Under arrest for, or is charged with, a misdemeanor
847	authorized for prosecution by the state attorney, a violation of
848	chapter 316 which is punishable by imprisonment, orcriminal
849	contempt, or a violation of a municipal or county ordinance in
850	the county court,unless the court, prior to trial, files in the
851	cause an order of no imprisonment which states that the
852	defendant will not be imprisoned if he or she is convicted;
853	(c) Alleged to be a delinquent child pursuant to a
854	petition filed before a circuit court; or
855	(d) Sought by petition filed in such court to be
856	involuntarily placed as a mentally ill person or sexually
857	violent predator or involuntarily admitted to residential
858	services as a person with developmental disabilities. However, a
859	public defender does not have the authority to represent any
860	person who is a plaintiff in a civil action brought under the
861	Florida Rules of Civil Procedure, the Federal Rules of Civil
862	Procedure, or the federal statutes, or who is a petitioner in an
863	administrative proceeding challenging a rule under chapter 120,
864	unless specifically authorized by statute; or
865	(e) Convicted and sentenced to death for purposes of
866	prosecuting an appeal to the Supreme Court.
867	(2) The court may not appoint the public defender to
868	represent, even on a temporary basis, any person who is not
869	indigent. The court, however, may appoint private counsel in
870	capital cases as provided in ss. 27.40 and 27.5303s. 925.035.
871	(3) Each public defender shall serve on a full-time basis
872	and is prohibited from engaging in the private practice of law
873	while holding office. Assistant public defenders shall give
874	priority and preference to their duties as assistant public
875	defenders and shall not otherwise engage in the practice of
876	criminal law.
877	(4) The public defender for a judicial circuit enumerated
878	in this subsection shall, after the record on appeal is
879	transmitted to the appellate court by the office of the public
880	defender which handled the trial and if requested by any public
881	defender within the indicated appellate district, handle all
882	felony appeals to the state and federal courts required of the
883	official making such request:
884	(a) Public defender of the second judicial circuit, on
885	behalf of any public defender within the district comprising the
886	First District Court of Appeal.
887	(b) Public defender of the tenth judicial circuit, on
888	behalf of any public defender within the district comprising the
889	Second District Court of Appeal.
890	(c) Public defender of the eleventh judicial circuit, on
891	behalf of any public defender within the district comprising the
892	Third District Court of Appeal.
893	(d) Public defender of the fifteenth judicial circuit, on
894	behalf of any public defender within the district comprising the
895	Fourth District Court of Appeal.
896	(e) Public defender of the seventh judicial circuit, on
897	behalf of any public defender within the district comprising the
898	Fifth District Court of Appeal.
899	(5) When the public defender for a judicial circuit
900	enumerated in subsection (4) has represented at trial a person
901	sentenced to death, the public defender shall not represent that
902	person in any direct appellate proceedings. That public defender
903	shall notify the Florida Supreme Court within 10 days after
904	filing a notice of appeal, and the Court shall appoint another
905	public defender enumerated in subsection (4) to represent the
906	person in any direct appellate proceedings.
907	(5)(6)(a) When direct appellate proceedings prosecuted by
908	a public defender on behalf of an accused and challenging a
909	judgment of conviction and sentence of death terminate in an
910	affirmance of such conviction and sentence, whether by the
911	Florida Supreme Court or by the United States Supreme Court or
912	by expiration of any deadline for filing such appeal in a state
913	or federal court, the public defender shall notify the accused
914	of his or her rights pursuant to Rule 3.850, Florida Rules of
915	Criminal Procedure, including any time limits pertinent thereto,
916	and shall advise such person that representation in any
917	collateral proceedings is the responsibility of the capital
918	collateral representative. The public defender shall then
919	forward all original files on the matter to the capital
920	collateral representative, retaining such copies for his or her
921	files as may be desired. However, the trial court shall retain
922	the power to appoint the public defender or other attorney not
923	employed by the capital collateral representative to represent
924	such person in proceedings for relief by executive clemency
925	pursuant to ss. 27.40 and 27.5303s. 925.035.
926	(b) It is the intent of the Legislature that any public
927	defender representing an inmate in any collateral proceedings in
928	any court on June 24, 1985, shall continue representation of
929	that inmate in all postconviction proceedings unless relieved of
930	responsibility from further representation by the court.
931	(6)(7)A sum shall be appropriated to the public defender
932	of each judicial circuit enumerated in subsection (4) for the
933	employment of assistant public defenders and clerical employees
934	and the payment of expenses incurred in cases on appeal.
935	Section 16. Effective July 1, 2004, section 27.52, Florida
936	Statutes, is amended to read:
937	27.52 Determination of indigenceindigency.--
938	(1)(a) The clerk of the circuit court shall determine the
939	indigence of each person applying for appointment of a
940	determination of indigency for purposes of appointing thepublic
941	defender or privateor conflict attorney or any other court-
942	related services based on indigence. This determinationshall be
943	made by the court, andmay be made at any stage of the
944	proceedings. Before appointing the public defender or a private
945	conflict attorney, or providing any other court-related service
946	based on indigence, the court shall receive the determination of
947	indigence from the clerk. If the clerk has not made this
948	determination at the time a person requests appointment of a
949	public defender or private attorney or provision of any other
950	court-related services, the courtconsider a completed affidavit
951	that contains the financial information required under paragraph
952	(f) and shall make a preliminary determination of indigence
953	indigency, pending verification by the clerkindigency examiner.
954	The applicant may seek review of the clerk's determination
955	denying indigence in the court having jurisdiction over the
956	matter at the next scheduled hearing.
957	(2)(a) Any person applying for appointment of a public
958	defender or private attorney or any other court-related services
959	based on indigence shall pay a $40 application fee to the clerk
960	of court and submit a completed affidavit containing the
961	financial information required under paragraph (f).
962	(b) The person shall pay the application fee at the time
963	the financial affidavit is filed or within 7 days thereafter. If
964	not paid within 7 days, the applicant shall be enrolled by the
965	clerk in a payment program to recover unpaid fees, in full, with
966	periodic payment amounts corresponding to the applicant's
967	ability to pay.
968	(b) An accused person, or if applicable a parent or legal
969	guardian of an accused minor or an accused adult tax-dependent
970	person, asserting indigency and requesting representation by the
971	public defender or a conflict attorney, shall file with the
972	court a completed affidavit containing the financial information
973	required under paragraph (f) and stating that the affidavit is
974	signed under oath and under penalty of perjury.
975	(c) Each person who requests the appointment of the public
976	defender or a conflict attorney shall pay to the clerk of the
977	court an application fee of $40, as ordered by the court, at the
978	time the financial affidavit is filed, or within 7 days
979	thereafter. If not paid within 7 days, the application fee shall
980	be assessed at sentencing or at the final disposition of the
981	case. The application fee shall be assessed for each affidavit
982	filed against a defendant who requests appointment of the public
983	defender or a conflict attorney. A defendant who isfound to be
984	indigent may not be refused counsel or any other court-related
985	services based on indigencefor failure to pay the application
986	fee. The defendant shall pay a separate application fee for each
987	affidavit filed.
988	(d) If the court finds that the accused person applying
989	for representation appears to be indigent based upon the
990	financial affidavit required under paragraph (f), the court
991	shall appoint the public defender or a privateconflictattorney
992	to provide representation. If the application fee is not paid
993	prior to the disposition of the case, the clerk shall advise the
994	sentencing judge of this fact and the court shall:
995	1. Assess the application fee as part of the sentence or
996	as a condition of probation; or
997	2. Assess the application fee pursuant to s. 938.29.
998
999	If the clerkindigency examinerfinds discrepancies between the
1000	financial affidavit and his or herthe examiner'sinvestigation
1001	of assets, the clerkindigency examinershall submit the
1002	information to the court and the court shall determine whether
1003	the public defender or privateconflictattorney shall continue
1004	representation. The defendant may be heard regarding the
1005	information discovered by the clerkindigency examiner. If the
1006	court, based on the information provided, determines that the
1007	defendant is not indigent, the court shall order thatthe public
1008	defender or privateconflict attorney todiscontinue
1009	representation. Notwithstanding any provision of law or local
1010	order to the contrary, the clerk of the court shall assign the
1011	first $40 of any court assessed fees or costs that arepaid by
1012	an indigent defendant as payment offorthe application fee. In
1013	no event should a person who isfound to be indigent be refused
1014	counsel for failure to pay the fee.
1015	(e) All application fees shall be transferred monthly by
1016	the clerk of the court to the Department of Revenue for deposit
1017	to the Indigent Criminal Defense Trust Fund, administered by the
1018	Justice Administrative Commission, to be used to supplement the
1019	general revenue funds appropriated by the Legislature to the
1020	public defenders. The clerk of the court may retain 2 percent of
1021	application fees collected monthly for administrative costs
1022	prior to remitting the remainder to the Department of Revenue.
1023	(f) The affidavit must contain the following financial
1024	information and calculations as to the applicant'saccused
1025	person'sincome:
1026	1. Net income.--Total salary and wages, minus deductions
1027	required by law, including court-ordered support payments.
1028	2. Other income.--Including, but not limited to, social
1029	security benefits, union funds, veterans' benefits, workers'
1030	compensation, other regular support from absent family members,
1031	public or private employee pensions, unemployment compensation,
1032	dividends, interest, rent, trusts, and gifts.
1033	3. Assets.--Including, but not limited to, cash, savings
1034	accounts, bank accounts, stocks, bonds, certificates of deposit,
1035	equity in real estate, and equity in a boat or a motor vehicle
1036	or in other tangible property.
1037	(g) The income of an applicant who is aaccusedminor or
1038	an accusedadult tax-dependent person who is substantially
1039	supported by a parent or parents or by a guardian, or who
1040	continues to be claimed as a dependent for tax purposes, shall
1041	include the income of that dependent person's parent or parents
1042	or guardian, except a parent or guardian who has an adverse
1043	interest in the proceeding.
1044	(h) In addition to the financial information, the
1045	affidavit must contain the following statement: "I, ... (name
1046	of applicantaccused person) ..., agree to report any change in
1047	my financial situation to the court or to the indigency
1048	examiner."
1049	(3)(2)(a) After reviewing the affidavit and questioning
1050	the applicantaccused person, the clerkcourtshall make one of
1051	the following determinations:
1052	1. The applicantaccused personis indigent.
1053	2. The applicantaccused personis not indigent.
1054	(b) An applicantaccused person, including an applicant
1055	who is a minor or anor an accused minor's or accusedadult tax-
1056	dependent personperson's parent or guardian, is indigent if:
1057	1. The income of the person is equal to or below 200250
1058	percent of the then-current federal poverty guidelines
1059	prescribed for the size of the household of the applicant
1060	accusedby the United States Department of Health and Human
1061	Services or if the person is receiving Temporary Assistance for
1062	Needy Families-Cash AssistanceAid to Families with Dependent
1063	Children (AFDC), poverty-related veterans' benefits, or
1064	Supplemental Security Income (SSI); or
1065	2. The person is unable to pay for the services of an
1066	attorney without substantial hardship to his or her family.
1067	(c) In determining whether an applicanta defendantis
1068	indigent, the clerkcourtshall determine whether any of the
1069	following facts exist, and the existence of any such fact
1070	creates a presumption that the applicantdefendantis not
1071	indigent:
1072	1. The defendant has been released on bail in the amount
1073	of $5,000 or more.
1074	2. The defendant owns, or has equity in, any intangible or
1075	tangible personal property or real property or the expectancy of
1076	an interest in any such property.
1077	3. The defendant retained private counsel immediately
1078	before or after filing the affidavit asserting indigence
1079	indigency pursuant to subsection (2)(1).
1080	(d) A nonindigent parent or legal guardian of an applicant
1081	who is aaccused minor or an accusedadult tax-dependent person
1082	shall furnish the minor or adult tax-dependentdependentperson
1083	with the necessary legal services and costs incident to a
1084	delinquency proceeding or, upon transfer of such person for
1085	criminal prosecution as an adult pursuant to chapter 985, a
1086	criminal prosecution, in which the person has a right to legal
1087	counsel under the Constitution of the United States or the
1088	Constitution of the State of Florida. The failure of a parent or
1089	legal guardian to furnish legal services and costs under this
1090	section does not bar the appointment of legal counsel pursuant
1091	to s. 27.40 or 27.530327.53. When the public defender, a
1092	special assistant public defender appointed pursuant to s.
1093	27.53(2), or aappointed private attorneylegal counselis
1094	appointed to represent aan accused minor or an accusedadult
1095	tax-dependent person in any proceeding in circuit court or in a
1096	criminal proceeding in any other court, the parents or the legal
1097	guardian shall be liable for payment of the fees, charges,and
1098	costs of thesuchrepresentation even if the person is a minor
1099	being tried as an adult. Liability for the fees, charges, and
1100	costs of thesuch representation shallmaybe imposed in the
1101	form of a lien against the property of the nonindigent parents
1102	or legal guardian of the accused minor or accusedadult tax-
1103	dependent person. The, which lien shall beisenforceable as
1104	provided in s. 27.561 or s. 938.29. The court shall determine
1105	the amount of the obligation; and, in determining the amount of
1106	the obligation, the court shall follow the procedure outlined by
1107	this section.
1108	(4)(3) If the trial court determines, within 2 years after
1109	the determination of indigency, that any applicantaccusedwas
1110	erroneously or improperly determined to be indigent, the state
1111	attorney shall, in the name of the state, proceed against the
1112	applicantsuch accusedfor the reasonable value of the services
1113	rendered,to the accused and including all fees, charges, and
1114	costs paid by the state or countyin his or her behalf. Any
1115	amount recovered shall be remitted to the Department of Revenue
1116	for deposit into the General Revenue Fundboard of county
1117	commissioners of the county wherein the accused was tried. The
1118	funds shall be deposited in the fine and forfeiture fund of that
1119	county and be used to defray the expenses incurred by the county
1120	with respect to the defense of defendants in criminal
1121	prosecutions.
1122	(5) An individual determined to be indigent and seeking to
1123	defer payment of fees, charges, or costs imposed by operation of
1124	law or order of the court under this section or any other
1125	provision of general law imposing fees, charges, or costs, shall
1126	be enrolled by the clerk in a payment program to recover unpaid
1127	costs in full, with periodic payment amounts corresponding to
1128	the individual's ability to pay.
1129	Section 17. Effective July 1, 2004, section 27.53, Florida
1130	Statutes, is amended to read:
1131	27.53 Appointment of assistants and other staff; method of
1132	payment.--
1133	(1) The public defender of each judicial circuit is
1134	authorized to employ and establish, in such numbers as
1135	authorized by the General Appropriations Actas he or she shall
1136	determine, assistant public defenders, investigators, and other
1137	staff and personnel pursuant to s. 29.006,who shall be paid
1138	from funds appropriated for that purpose. Notwithstanding the
1139	provisions of s. 790.01, s. 790.02, or s. 790.25(2)(a), an
1140	investigator employed by a public defender, while actually
1141	carrying out official duties, is authorized to carry concealed
1142	weapons if the investigator complies with s. 790.25(3)(o).
1143	However, such investigators are not eligible for membership in
1144	the Special Risk Class of the Florida Retirement System. The
1145	public defenders of all judicial circuits shall jointly develop
1146	a coordinated classification and pay plan which shall be
1147	submitted on or before January 1 of each year to the Justice
1148	Administrative Commission, the office of the President of the
1149	Senate, and the office of the Speaker of the House of
1150	Representatives. Such plan shall be developed in accordance with
1151	policies and procedures of the Executive Office of the Governor
1152	established in s. 216.181. Each assistant public defender
1153	appointed by a public defender under this section shall serve at
1154	the pleasure of the public defender. Each investigator employed
1155	by a public defender shall have full authority to serve any
1156	witness subpoena or court order issued, by any court or judge
1157	within the judicial circuit served by such public defender, in a
1158	criminal case in which such public defender has been appointed
1159	to represent the accused.
1160	(2) Any member of The Florida Bar, in good standing, may
1161	volunteerregister his or her availability to the public
1162	defender of any judicial circuit for acceptance of special
1163	assignments without salary to represent indigent defendants.
1164	Volunteer attorneys are to beSuch persons shall be listed and
1165	referred to as special assistant public defenders and be paid a
1166	fee and costs and expenses as provided in s. 925.036. A special
1167	assistant public defender may not reassign or subcontract a case
1168	to another attorney.
1169	(3) If, at any time during the representation of two or
1170	more indigents, the public defender determines that the
1171	interests of those accused are so adverse or hostile that they
1172	cannot all be counseled by the public defender or his or her
1173	staff without conflict of interest, or that none can be
1174	counseled by the public defender or his or her staff because of
1175	conflict of interest, the public defender shall file a motion to
1176	withdraw and move the court to appoint other counsel. The court
1177	shall review and may inquire or conduct a hearing into the
1178	adequacy of the public defender's representations regarding a
1179	conflict of interest without requiring the disclosure of any
1180	confidential communications. The court shall permit withdrawal
1181	unless the court determines that the asserted conflict is not
1182	prejudicial to the indigent client. If the court grants the
1183	motion to withdraw, it may appoint one or more members of The
1184	Florida Bar, who are in no way affiliated with the public
1185	defender, in his or her capacity as such, or in his or her
1186	private practice, to represent those accused. However, the trial
1187	court shall appoint such other counsel upon its own motion when
1188	the facts developed upon the face of the record and files in the
1189	cause disclose such conflict. The court shall advise the
1190	appropriate public defender and clerk of court, in writing, when
1191	making such appointment and state the conflict prompting the
1192	appointment. The appointed attorney shall be compensated as
1193	provided in s. 925.036.
1194	(3)(4)The appropriations for the offices of public
1195	defender shall be determined by a funding formula and such other
1196	factors as may be deemed appropriate in a manner to be
1197	determined by this sectionsubsection and the Generalany
1198	subsequentAppropriations Act.
1199	Section 18. Subsection (1) of section 27.5301, Florida
1200	Statutes, is amended to read:
1201	27.5301 Salaries of public defenders and assistant public
1202	defenders.--
1203	(1) The salaries of public defenders, to be paid by the
1204	state,shall be as provided in the General Appropriations Act
1205	and shall be paid in equal monthly installments.
1206	Section 19. Effective July 1, 2004, section 27.5303,
1207	Florida Statutes, is created to read:
1208	27.5303 Public defenders; conflict of interest.--
1209	(1)(a) If, at any time during the representation of two or
1210	more defendants, a public defender determines that the interests
1211	of those accused are so adverse or hostile that they cannot all
1212	be counseled by the public defender or his or her staff without
1213	conflict of interest, or that none can be counseled by the
1214	public defender or his or her staff because of a conflict of
1215	interest, then the public defender shall file a motion to
1216	withdraw and move the court to appoint other counsel. If
1217	requested by the Justice Administrative Commission, the public
1218	defender shall submit a copy of the motion to the Justice
1219	Administrative Commission at the time it is filed with the
1220	court. The Justice Administrative Commission shall have standing
1221	to appear before the court to contest any motion to withdraw due
1222	to a conflict of interest. The Justice Administrative Commission
1223	may contract with other public or private entities or
1224	individuals to appear before the court for the purpose of
1225	contesting any motion to withdraw due to a conflict of interest.
1226	The court shall review and may inquire or conduct a hearing into
1227	the adequacy of the public defender's representations regarding
1228	a conflict of interest without requiring the disclosure of any
1229	confidential communications. The court shall deny the motion to
1230	withdraw if the court finds the grounds for withdrawal are
1231	insufficient or the asserted conflict is not prejudicial to the
1232	indigent client. If the court grants the motion to withdraw, the
1233	court shall appoint one or more attorneys to represent the
1234	accused.
1235	(b) Upon its own motion, the court shall appoint such
1236	other counsel when the facts developed upon the face of the
1237	record and court files in the case disclose a conflict of
1238	interest. The court shall advise the appropriate public defender
1239	and clerk of court, in writing, with a copy to the Justice
1240	Administrative Commission, if so requested by the Justice
1241	Administrative Commission, when making the motion and appointing
1242	one or more attorneys to represent the accused. The court shall
1243	specify the basis for the conflict.
1244	(c) In no case shall the court approve a withdrawal by the
1245	public defender based solely upon inadequacy of funding or
1246	excess workload of the public defender.
1247	(d) In determining whether or not there is a conflict of
1248	interest, the public defender and the court shall apply the
1249	standards adopted by the Legislature after receiving
1250	recommendations from the Article V Indigent Services Advisory
1251	Board.
1252	(2) The court shall appoint conflict counsel pursuant to
1253	s. 27.40. The appointed attorney may not be affiliated with the
1254	public defender or any assistant public defender in his or her
1255	official capacity or any other private attorney appointed to
1256	represent a codefendant. The public defender may not participate
1257	in case-related decisions, performance evaluations, or expense
1258	determinations in conflict cases.
1259	(3) Private court-appointed counsel shall be compensated
1260	as provided in s. 27.5304 in accordance with compensation
1261	standards adopted by the Legislature after receiving
1262	recommendations from the Article V Indigent Services Advisory
1263	Board.
1264	(4)(a) If a defendant is convicted and the death sentence
1265	is imposed, the appointed attorney shall continue representation
1266	through appeal to the Supreme Court. The attorney shall be
1267	compensated as provided in s. 27.5304. If the attorney first
1268	appointed is unable to handle the appeal, the court shall
1269	appoint another attorney and that attorney shall be compensated
1270	as provided in s. 27.5304.
1271	(b) The public defender or an attorney appointed pursuant
1272	to this section may be appointed by the court rendering the
1273	judgment imposing the death penalty to represent an indigent
1274	defendant who has applied for executive clemency as relief from
1275	the execution of the judgment imposing the death penalty.
1276	(c) When the appointed attorney in a capital case has
1277	completed the duties imposed by this section, the attorney shall
1278	file a written report in the trial court stating the duties
1279	performed by the attorney and apply for discharge.
1280	Section 20. Effective July 1, 2004, section 27.5304,
1281	Florida Statutes, is created to read:
1282	27.5304 Private court-appointed counsel; compensation.--
1283	(1) Private court-appointed counsel shall be compensated
1284	by the Justice Administrative Commission in accordance with
1285	standards adopted by the Legislature after receiving
1286	recommendations from the Article V Indigent Services Advisory
1287	Board. However, compensation shall not exceed the maximum fee
1288	limits established by this section. The attorney also shall be
1289	reimbursed for reasonable and necessary expenses in accordance
1290	with s. 29.007. If the attorney is representing a defendant
1291	charged with more than one offense in the same case, the
1292	attorney shall be compensated at the rate provided for the most
1293	serious offense for which he or she represented the defendant.
1294	This section does not allow stacking of the fee limits
1295	established by this section.
1296	(2) Prior to filing a motion for an order approving
1297	payment of attorney's fees, costs, or related expenses, the
1298	private court–appointed counsel shall deliver a copy of the
1299	intended billing, together with supporting affidavits and all
1300	other necessary documentation, to the Justice Administrative
1301	Commission. The Justice Administrative Commission shall review
1302	the billings, affidavit, and documentation for completeness and
1303	compliance with contractual and statutory requirements. If the
1304	Justice Administrative Commission objects to any portion of the
1305	proposed billing, the objection and reasons therefor shall be
1306	communicated to the private court-appointed counsel. The private
1307	court-appointed counsel may thereafter file his or her motion
1308	for order approving payment of attorney's fees, costs, or
1309	related expenses together with supporting affidavits and all
1310	other necessary documentation. The motion must specify whether
1311	the Justice Administrative Commission objects to any portion of
1312	the billing or the sufficiency of documentation and, if so, the
1313	reasons therefor. A copy of the motion and attachments shall be
1314	served on the Justice Administrative Commission. The Justice
1315	Administrative Commission shall have standing to appear before
1316	the court to contest any motion for order approving payment of
1317	attorney's fees, costs, or related expenses. The Justice
1318	Administrative Commission may contract with other public or
1319	private entities or individuals to appear before the court for
1320	the purpose of contesting any motion for order approving payment
1321	of attorney's fees, costs, or related expenses. The fact that
1322	the Justice Administrative Commission has not objected to any
1323	portion of the billing or to the sufficiency of the
1324	documentation is not binding on the court. The court retains
1325	primary authority and responsibility for determining the
1326	reasonableness of all billings for fees, costs, and related
1327	expenses, subject to statutory limitations.
1328	(3) The compensation for representation in a criminal
1329	proceeding shall not exceed the following:
1330	(a)1. For misdemeanors and juveniles represented at the
1331	trial level: $1,000.
1332	2. For noncapital, nonlife felonies represented at the
1333	trial level: $2,500.
1334	3. For life felonies represented at the trial level:
1335	$3,000.
1336	4. For capital cases represented at the trial level:
1337	$3,500.
1338	5. For representation on appeal: $2,000.
1339	(b) If a death sentence is imposed and affirmed on appeal
1340	to the Supreme Court, the appointed attorney shall be allowed
1341	compensation, not to exceed $1,000, for attorney's fees and
1342	costs incurred in representing the defendant as to an
1343	application for executive clemency, with compensation to be paid
1344	out of general revenue from funds budgeted to the Department of
1345	Corrections.
1346	(4) By January 1, 2004, the Article V Indigent Services
1347	Advisory Board shall recommend to the Legislature any
1348	adjustments to existing compensation schedules for criminal
1349	proceedings and any proposed compensation standards for private
1350	attorneys providing representation in civil proceedings in which
1351	private court-appointed counsel is required.
1352	(5) If counsel is entitled to receive compensation for
1353	representation pursuant to court appointment in a termination of
1354	parental rights proceeding under s. 39.0134, such compensation
1355	shall not exceed $1,000 at the trial level and $2,500 at the
1356	appellate level.
1357	(6) A private attorney appointed in lieu of the public
1358	defender to represent an indigent defendant may not reassign or
1359	subcontract the case to another attorney or allow another
1360	attorney to appear at a critical stage of a case who does not
1361	meet standards adopted by the Legislature after any
1362	recommendations from the Article V Indigent Services Advisory
1363	Board.
1364	Section 21. Effective July 1, 2004, section 27.54, Florida
1365	Statutes, is amended to read:
1366	27.54 Limitation on payment ofexpenditures for public
1367	defender's office other than by the state.--
1368	(1) All payments for the salary of the public defender and
1369	the necessary expenses of office, including salaries of
1370	assistants and staff, shall be considered as being for a valid
1371	public purpose. Travel expenses shall be paid in accordance with
1372	the provisions of s. 112.061.
1373	(2) ANo county or municipality may not contract with, or
1374	shall appropriate or contribute funds to,the operation of the
1375	offices of the various public defenders for the purpose of
1376	defending, except that a county or municipality may appropriate
1377	or contribute funds to:
1378	(a) Pay the salary of one assistant public defender whose
1379	sole function shall be to defendindigents charged with
1380	violations of special laws, unless expressly authorized,or with
1381	violations of ordinances of the county or municipality, unless
1382	ancillary to a state prosecution.
1383	(b) Employ legal and support staff to be supervised by the
1384	public defender upon certification by the public defender that
1385	inadequate resources will result in withdrawal from current
1386	cases or inability to accept additional appointments.
1387	(3) The public defenders shall be provided by the counties
1388	within their judicial circuits with such office space,
1389	utilities, telephone services, custodial services, library
1390	services, transportation services, and communication services as
1391	may be necessary for the proper and efficient functioning of
1392	these offices, except as otherwise provided in the General
1393	Appropriations Act. The public defender's offices shall also be
1394	provided with pretrial consultation fees for expert or other
1395	potential witnesses consulted before trial by the public
1396	defender; travel expenses incurred in criminal cases by a public
1397	defender in connection with out-of-jurisdiction depositions;
1398	out-of-state and out-of-jurisdiction travel expenses incurred by
1399	public defenders or by investigators of public defenders while
1400	attempting to locate and interrogate witnesses for the public
1401	defender in the defense of a criminal case; court reporter costs
1402	incurred by the public defender during the course of an
1403	investigation and criminal prosecution, which costs are
1404	certified by the public defender as being useful and necessary
1405	in the preparation of a criminal defense, provided that nothing
1406	herein shall be construed to prohibit the county from contesting
1407	the reasonableness of the expenditure in the court wherein the
1408	criminal case is brought; postindictment and postinformation
1409	deposition costs incurred by the public defender during the
1410	course of a criminal prosecution of an indigent defendant when
1411	such costs are certified by the public defender as being useful
1412	and necessary in the preparation of a criminal defense, provided
1413	that nothing herein shall be construed to prohibit the county
1414	from contesting the reasonableness of the expenditure in the
1415	court wherein the criminal case is brought; and the cost of
1416	copying depositions of defense witnesses taken by the state
1417	attorney when such costs are certified by the public defender as
1418	being useful and necessary in the preparation of a criminal
1419	defense, provided that nothing herein shall be construed to
1420	prohibit the county from contesting the reasonableness of the
1421	expenditure in the court wherein the criminal case is brought.
1422	The office space and utilities to be provided by the counties
1423	shall not be less than the standards for space allotment adopted
1424	by the Department of Management Services. The counties shall not
1425	provide less of these services than were provided in the
1426	previous fiscal year.
1427	(3)(4)No public defender or assistant public defender
1428	shall receive from any county or municipality any supplemental
1429	salary, except as provided in this section.
1430	Section 22. Effective July 1, 2004, section 27.562,
1431	Florida Statutes, is amended to read:
1432	27.562 Disposition of funds.--All funds collected pursuant
1433	to s. 938.29, except the application fee imposed under s. 27.52,
1434	shall be remitted to the Department of Revenue for deposit into
1435	the General Revenue Fundboard of county commissioners of the
1436	county in which the judgment was entered. Such funds shall be
1437	placed in the fine and forfeiture fund of that county to be used
1438	to defray the expenses incurred by the county in defense of
1439	criminal prosecutions. All judgments entered pursuant to this
1440	part shall be in the name of the statecounty in which the
1441	judgment was rendered.
1442	Section 23. Effective July 1, 2004, section 27.58, Florida
1443	Statutes, is amended to read:
1444	27.58 Administration of public defender services.--The
1445	public defender of each judicial circuit of the state shall be
1446	the chief administrator of all public defender services
1447	authorized under s. 27.51 within the circuit whether such
1448	services are rendered by the state or county public defenders.
1449	Section 24. Effective July 1, 2004, paragraph (b) of
1450	subsection (3) of section 27.702, Florida Statutes, is amended
1451	to read:
1452	27.702 Duties of the capital collateral regional counsel;
1453	reports.--
1454	(3)
1455	(b) The court having jurisdiction over any nonindigent or
1456	indigent-but-able-to-contribute defendant who has been receiving
1457	the services of the capital collateral regional counsel may
1458	assess attorney's fees and costs against the defendant at any
1459	stage in the proceedings as the court may deem appropriate. The
1460	determination of indigenceindigency or nonindigencyof any
1461	defendant shall be made by the courtpursuant to s. 27.52.
1462	Liability for the costs of such representation may be imposed in
1463	the form of a lien against the property of the nonindigent or
1464	indigent-but-able-to-contribute defendant, which lien shall be
1465	enforceable as provided in s. 27.561 or s. 938.29.
1466	Section 25. Effective July 1, 2004, subsection (2) of
1467	section 28.101, Florida Statutes, is amended to read:
1468	28.101 Petitions and records of dissolution of marriage;
1469	additional charges.--
1470	(2) Upon receipt of a final judgment of dissolution of
1471	marriage for filing, and in addition to the filing charges in s.
1472	28.241, the clerk mayshallcollect and receive a service charge
1473	of up to $10.50$7pursuant to s. 382.023 for the recording and
1474	reporting of such final judgment of dissolution of marriage to
1475	the Department of Health.
1476	Section 26. Section 43.195, Florida Statutes, is
1477	renumbered as section 28.213, Florida Statutes, and amended to
1478	read:
1479	28.21343.195Disposal of physical evidence filed as
1480	exhibits.--The clerk of any circuit court or county court may
1481	dispose of items of physical evidence which have been held as
1482	exhibits in excess of 3 years in cases on which no appeal, or
1483	collateral attack,is pending or can be made. Items of evidence
1484	having no monetary value which are designated by the clerk for
1485	removal shall be disposed of as unusable refuse. Items of
1486	evidence having a monetary value which are designated for
1487	removal by the clerk shall be sold and the revenue placed in the
1488	clerk's general revenue fund.
1489	Section 27. Effective July 1, 2004, section 28.215,
1490	Florida Statutes, is created to read:
1491	28.215 Pro se assistance.--The clerk of the circuit court
1492	shall provide ministerial assistance to pro se litigants.
1493	Assistance shall not include the provision of legal advice.
1494	Section 28. Effective July 1, 2004, section 28.24, Florida
1495	Statutes, is amended to read:
1496	28.24 Service charges by clerk of the circuit court.--The
1497	clerk of the circuit court may chargeshall make the following
1498	chargesfor services rendered by the clerk's office in recording
1499	documents and instruments and in performing the duties
1500	enumerated in amounts not to exceed those specified in this
1501	section. Notwithstanding any other provision of this section,
1502	the clerk of the circuit court shall provide without charge to
1503	any justice or judge, to any court staff acting on behalf of any
1504	justice or judge, and to any state attorney or public defender
1505	access to and copies of any public records, notwithstanding the
1506	exempt or confidential nature of such public records, as
1507	maintained by and in the custody of the clerk of the circuit
1508	court as provided in general law and the Florida Rules of
1509	Judicial AdministrationHowever, in those counties where the
1510	clerk's office operates as a fiscal unit of the county pursuant
1511	to s. 145.022(1), the clerk shall not charge the county for such
1512	services.
1513
1514	Charges
1515
1516	(1) For court attendance by each clerk or deputy clerk,
1517	per day
1518	......................................................$75.00
1519	(2) For court minutes, per page.......................5.00
1520	(1)(3)For examining, comparing, correcting, verifying,
1521	and certifying transcripts of record in appellate proceedings,
1522	prepared by attorney for appellant or someone else other than
1523	clerk per page.........................................4.503.00
1524	(2)(4)For preparing, numbering, and indexing an original
1525	record of appellate proceedings, per instrument........3.002.00
1526	(3)(5)For certifying copies of any instrument in the
1527	public records.........................................1.501.00
1528	(4)(6)For verifying any instrument presented for
1529	certification prepared by someone other than clerk, per
1530	page...................................................3.002.00
1531	(7) For making and reporting payrolls of jurors to State
1532	Comptroller, per page, per copy.............................5.00
1533	(5)(8)(a) For making copies by photographic process of any
1534	instrument in the public records consisting of pages of not more
1535	than 14 inches by 8 1/2 inches, per page....................1.00
1536	(b) For making copies by photographic process of any
1537	instrument in the public records of more than 14 inches by 8 1/2
1538	inches, per page............................................5.00
1539	(6)(9)For making microfilm copies of any public records:
1540	(a) 16 mm 100' microfilm roll..................37.5025.00
1541	(b) 35 mm 100' microfilm roll..................52.5035.00
1542	(c) Microfiche, per fiche........................3.002.00
1543	(7)(10)For copying any instrument in the public records
1544	by other than photographic process, per page..............6.00
1545	4.00
1546	(8)(11)For writing any paper other than herein
1547	specifically mentioned, same as for copying, including signing
1548	and sealing...........................................6.004.00
1549	(9)(12)For indexing each entry not recorded.........1.00
1550	(10)(13)For receiving money into the registry of court:
1551	(a)1. First $500, percent..............................32
1552	2. Each subsequent $100, percent.....................1.51
1553	(b) Eminent domain actions, per deposit....$150.00$100.00
1554	(11)(14)For examining, certifying, and recording plats
1555	and for recording condominium exhibits larger than 14 inches by
1556	8 1/2 inches:
1557	(a) First page.......................................30.00
1558	(b) Each additional page.............................15.00
1559	(12)(15)For recording, indexing, and filing any
1560	instrument not more than 14 inches by 8 1/2 inches, including
1561	required notice to property appraiser where applicable:
1562	(a) First page or fraction thereof....................5.00
1563	(b) Each additional page or fraction thereof..........4.00
1564	(c) For indexing instruments recorded in the official
1565	records which contain more than four names, per additional
1566	name........................................................1.00
1567	(d) An additional service charge shall be paid to the
1568	clerk of the circuit court to be deposited in the Public Records
1569	Modernization Trust Fund for each instrument listed in s.
1570	28.222, except judgments received from the courts and notices of
1571	lis pendens, recorded in the official records:
1572	1. First page.........................................1.00
1573	2. Each additional page...............................0.50
1574
1575	Said fund shall be held in trust by the clerk and used
1576	exclusively for equipment and maintenance of equipment,
1577	personnel training, and technical assistance in modernizing the
1578	public records system of the office. In a county where the duty
1579	of maintaining official records exists in an office other than
1580	the office of the clerk of the circuit court, the clerk of the
1581	circuit court is entitled to 25 percent of the moneys deposited
1582	into the trust fund for equipment, maintenance of equipment,
1583	training, and technical assistance in modernizing the system for
1584	storing records in the office of the clerk of the circuit court.
1585	The fund may not be used for the payment of travel expenses,
1586	membership dues, bank charges, staff-recruitment costs, salaries
1587	or benefits of employees, construction costs, general operating
1588	expenses, or other costs not directly related to obtaining and
1589	maintaining equipment for public records systems or for the
1590	purchase of furniture or office supplies and equipment not
1591	related to the storage of records. On or before December 1,
1592	1995, and on or before December 1 of each year immediately
1593	preceding each year during which the trust fund is scheduled for
1594	legislative review under s. 19(f)(2), Art. III of the State
1595	Constitution, each clerk of the circuit court shall file a
1596	report on the Public Records Modernization Trust Fund with the
1597	President of the Senate and the Speaker of the House of
1598	Representatives. The report must itemize each expenditure made
1599	from the trust fund since the last report was filed; each
1600	obligation payable from the trust fund on that date; and the
1601	percentage of funds expended for each of the following:
1602	equipment, maintenance of equipment, personnel training, and
1603	technical assistance. The report must indicate the nature of the
1604	system each clerk uses to store, maintain, and retrieve public
1605	records and the degree to which the system has been upgraded
1606	since the creation of the trust fund.
1607	(13)(16)Oath, administering, attesting, and sealing, not
1608	otherwise provided for herein..........................3.002.00
1609	(14)(17)For validating certificates, any authorized
1610	bonds,
1611	each...................................................3.002.00
1612	(15)(18)For preparing affidavit of domicile..........5.00
1613	(16)(19)For exemplified certificates, including signing
1614	and sealing............................................6.004.00
1615	(17)(20)For authenticated certificates, including signing
1616	and sealing............................................6.004.00
1617	(18)(21)(a) For issuing and filing a subpoena for a
1618	witness, not otherwise provided for herein (includes writing,
1619	preparing, signing, and sealing).......................6.004.00
1620	(b) For signing and sealing only.................1.501.00
1621	(22) For issuing venire facias (includes writing,
1622	preparing, signing, and sealing)............................5.00
1623	(23) For paying of witnesses and making and reporting
1624	payroll to State Comptroller, per copy, per page............5.00
1625	(19)(24) For approving bond......................7.505.00
1626	(20)(25)For searching of records, for each year's
1627	search................................................1.501.00
1628	(21)(26)For processing an application for a tax deed sale
1629	(includes application, sale, issuance, and preparation of tax
1630	deed, and disbursement of proceeds of sale), other than excess
1631	proceeds...................................................60.00
1632	(22)(27)For disbursement of excess proceeds of tax deed
1633	sale, first $100 or fraction thereof.......................10.00
1634	(23)(28)Upon receipt of an application for a marriage
1635	license, for preparing and administering of oath; issuing,
1636	sealing, and recording of the marriage license; and providing a
1637	certified copy.......................................30.0020.00
1638	(24)(29) For solemnizing matrimony.............30.0020.00
1639	(25)(30)For sealing any court file or expungement of any
1640	record...............................................37.5025.00
1641	(26)(31)For receiving and disbursing all restitution
1642	payments, per payment..................................3.002.00
1643	(27)(32)Postal charges incurred by the clerk of the
1644	circuit court in any mailing by certified or registered mail
1645	shall be paid by the party at whose instance the mailing is
1646	made.
1647	(28)(33)For furnishing an electronic copy of information
1648	contained in a computer database: a fee as provided for in
1649	chapter 119.
1650	Section 29. Effective July 1, 2004, section 28.2401,
1651	Florida Statutes, is amended to read:
1652	28.2401 Service charges in probate matters.--
1653	(1) Except when otherwise provided, the clerk may impose
1654	service charges for the following services, not to exceed the
1655	following amountsshall be:
1656	(a) For the opening of any estate of one document or more,
1657	including, but not limited to, petitions and orders to approve
1658	settlement of minor's claims; to open a safe-deposit box; to
1659	enter rooms and places; for the determination of heirs, if not
1660	formal administration; and for a foreign guardian to manage
1661	property of a nonresident; but not to include issuance of
1662	letters or order of summary and family
1663	administration........$100$20.00
1664	(b) Caveat.......................................$3515.00
1665	(c) Petition and order to admit foreign wills,
1666	authenticated copies, exemplified copies, or transcript to
1667	record................................................$10030.00
1668	(d) For disposition of personal property without
1669	administration........................................$10020.00
1670	(e) Summary administration -- estates valued at $1,000 or
1671	more..................................................$20035.00
1672	(f) SummaryFamily administration -- estates valued at
1673	less than $1,000...........................................$100
1674	45.00
1675	(g) Formal administration, guardianship, ancillary,
1676	curatorship, or conservatorship proceedings...........$25075.00
1677	(h) Guardianship proceedings of person
1678	only..................................................$10025.00
1679	(i) Veterans' guardianship pursuant to chapter
1680	744...................................................$10025.00
1681	(j) Exemplified certificates.......................$64.00
1682	(k) Petition for determination of
1683	incompetency.......................................$100.0025.00
1684	(2) Upon application by the clerk and a showing of
1685	extraordinary circumstances, the service charges set forth in
1686	this section may be increased in an individual matter by order
1687	of the circuit court before which the matter is pending, to more
1688	adequately compensate for the services performed.
1689	(3) Service charges in excess of those fixed in this
1690	section may be imposed by the governing authority of the county
1691	by ordinance, or by special or local law, to provide and
1692	maintain facilities, including a law library; to or local law,
1693	to provide and maintain facilities, including a law library; to
1694	provide and maintain equipment; or to provide or maintain a
1695	legal aid program. Service charges other than those fixed in
1696	this section shall be governed by s. 28.24.An additional
1697	service charge of $2.50 on petitions seeking summary
1698	administration, family administration, formal administration,
1699	ancillary administration, guardianship, curatorship, and
1700	conservatorship shall be paid to the clerk. The clerk shall
1701	transfer the $2.50 to the Department of Revenue for deposit into
1702	the Court Education Trust Fund. No additional fees, charges, or
1703	costs shall be added to the service charges imposed under this
1704	section, except as authorized by general law.
1705	(4) Recording shall be required for all petitions opening
1706	and closing an estate; petitions regarding real estate; and
1707	orders, letters, bonds, oaths, wills, proofs of wills, returns,
1708	and such other papers as the judge shall deem advisable to
1709	record or that shall be required to be recorded under the
1710	Florida Probate Law.
1711	Section 30. Effective July 1, 2004, section 28.2402,
1712	Florida Statutes, is created to read:
1713	28.2402 Additional costs for performance of clerk court-
1714	related functions.--The sum of $200 shall be assessed to a
1715	county or municipality when filing a county or municipal code or
1716	ordinance violation in court. The $200 fee shall be paid to the
1717	clerk of the circuit and county court for performing court-
1718	related functions.
1719	Section 31. Subsection (1) of section 28.241, Florida
1720	Statutes, is amended to read:
1721	28.241 Filing charges for trial and appellate
1722	proceedings.--
1723	(1)(a)The party instituting any civil action, suit, or
1724	proceeding in the circuit court shall pay to the clerk of that
1725	court a service charge of $40 in all cases in which there are
1726	not more than five defendants and an additional service charge
1727	of $2 for each defendant in excess of five. An additional
1728	service charge of $10 shall be paid by the party seeking each
1729	severance that is granted. An additional service charge of $35
1730	shall be paid to the clerk for all proceedings of garnishment,
1731	attachment, replevin, and distress. An additional service charge
1732	of $8 shall be paid to the clerk for each civil action filed, $7
1733	of such charge to be remitted by the clerk to the Department of
1734	Revenue for deposit into the General Revenue Fund unallocated.
1735	An additional charge of $2.50 shall be paid to the clerk for
1736	each civil action brought in circuit or county court, to be
1737	remitted by the clerk to the Department of Revenue for deposit
1738	into the Court Education Trust Fund. Service charges in excess
1739	of those herein fixed may be imposed by the governing authority
1740	of the county by ordinance or by special or local law; and such
1741	excess shall be expended as provided by such ordinance or any
1742	special or local law, now or hereafter in force, to provide and
1743	maintain facilities, including a law library, for the use of the
1744	courts of the county wherein the service charges are collected;
1745	to provide and maintain equipment; or for a legal aid program in
1746	such county. In addition, the county is authorized to impose, by
1747	ordinance or by special or local law, a fee of up to $15 for
1748	each civil action filed, for the establishment, maintenance, or
1749	supplementation of a public guardian pursuant to ss. 744.701-
1750	744.708, inclusive. Postal charges incurred by the clerk of the
1751	circuit court in making service by certified or registered mail
1752	on defendants or other parties shall be paid by the party at
1753	whose instance service is made. That part of the within fixed or
1754	allowable service charges which is not by local or special law
1755	applied to the special purposes shall constitute the total
1756	service charges of the clerk of such court for all services
1757	performed by him or her in civil actions, suits, or proceedings.
1758	The sum of all service charges and fees permitted under this
1759	subsection may not exceed $200; however, the $200 cap may be
1760	increased to $210 in order to provide for the establishment,
1761	maintenance, or supplementation of a public guardian as
1762	indicated in this subsection.
1763	(b) A party reopening any civil action, suit, or
1764	proceeding in the circuit court shall pay to the clerk of that
1765	court a filing fee of $50. Of fees collected for any civil
1766	action, suit, or proceeding reopened in the circuit court
1767	between July 1, 2003, and June 30, 2004, the clerk shall remit
1768	$49 of each $50 collected to the Department of Revenue for
1769	deposit into the Department of Revenue Clerks of the Court Trust
1770	Fund and shall retain the remaining $1 for administrative costs.
1771	In the case of a petition for modification of a final judgment
1772	of dissolution, the amount of the fee paid pursuant to s. 44.108
1773	shall be deducted from the portion of the fee required in this
1774	paragraph which is not retained by the clerk. For purposes of
1775	this section, a case is reopened when a case previously reported
1776	as disposed of is resubmitted to a court.
1777	Section 32. Effective July 1, 2004, section 28.241,
1778	Florida Statutes, as amended by section 30 of this act, is
1779	amended to read:
1780	28.241 Filing feeschargesfor trial and appellate
1781	proceedings.--
1782	(1)(a) The party instituting any civil action, suit, or
1783	proceeding in the circuit court shall pay to the clerk of that
1784	court a filing feea service charge of up to $250$40in all
1785	cases in which there are not more than five defendants and an
1786	additional filing feeservice charge of up to$2 for each
1787	defendant in excess of five. Of the first $57.50 in filing fees,
1788	$50 must be remitted by the clerk to the Department of Revenue
1789	for deposit into the General Revenue Fund; $5 must be remitted
1790	to the Clerk of Court Operations Conference; and $2.50 shall be
1791	paid to the clerk for each civil action brought in circuit or
1792	county court, to be remitted by the clerk to the Department of
1793	Revenue for deposit into the Court Education Trust Fund. One-
1794	third of any filing fees collected by the clerk of the circuit
1795	court in excess of $57.50 shall be remitted to the Department of
1796	Revenue for deposit into the Department of Revenue Clerks of the
1797	Court Trust Fund. An additional filing feeservice charge of up
1798	to $15$10shall be paid by the party seeking each severance
1799	that is granted. The clerk may impose an additional filing fee
1800	service charge of up to $75$35 shall be paid to the clerkfor
1801	all proceedings of garnishment, attachment, replevin, and
1802	distress. An additional service charge of $8 shall be paid to
1803	the clerk for each civil action filed, $7 of such charge to be
1804	remitted by the clerk to the Department of Revenue for deposit
1805	into the General Revenue Fund unallocated. An additional charge
1806	of $2.50 shall be paid to the clerk for each civil action
1807	brought in circuit or county court, to be remitted by the clerk
1808	to the Department of Revenue for deposit into the Court
1809	Education Trust Fund. Service charges in excess of those herein
1810	fixed may be imposed by the governing authority of the county by
1811	ordinance or by special or local law; and such excess shall be
1812	expended as provided by such ordinance or any special or local
1813	law, now or hereafter in force, to provide and maintain
1814	facilities, including a law library, for the use of the courts
1815	of the county wherein the service charges are collected; to
1816	provide and maintain equipment; or for a legal aid program in
1817	such county. In addition, the county is authorized to impose, by
1818	ordinance or by special or local law, a fee of up to $15 for
1819	each civil action filed, for the establishment, maintenance, or
1820	supplementation of a public guardian pursuant to ss. 744.701-
1821	744.708, inclusive.Postal charges incurred by the clerk of the
1822	circuit court in making service by certified or registered mail
1823	on defendants or other parties shall be paid by the party at
1824	whose instance service is made. No additional fees, charges, or
1825	costs shall be added to the filing fees imposed under this
1826	section, except as authorized by general law.That part of the
1827	within fixed or allowable service charges which is not by local
1828	or special law applied to the special purposes shall constitute
1829	the total service charges of the clerk of such court for all
1830	services performed by him or her in civil actions, suits, or
1831	proceedings. The sum of all service charges and fees permitted
1832	under this subsection may not exceed $200; however, the $200 cap
1833	may be increased to $210 in order to provide for the
1834	establishment, maintenance, or supplementation of a public
1835	guardian as indicated in this subsection.
1836	(b) A party reopening any civil action, suit, or
1837	proceeding in the circuit court shall pay to the clerk of that
1838	court a filing fee set by the clerk in an amount not to exceed
1839	of $50. Of fees collected for any civil action, suit, or
1840	proceeding reopened in the circuit court between July 1, 2003,
1841	and June 30, 2004, the clerk shall remit $49 of each $50
1842	collected to the Department of Revenue for deposit into the
1843	Department of Revenue Clerks of the Court Trust Fund and shall
1844	retain the remaining $1 for administrative costs. In the case of
1845	a petition for modification of a final judgment of dissolution,
1846	the amount of the fee paid pursuant to s. 44.108 shall be
1847	deducted from the portion of the fee required in this paragraph
1848	which is not retained by the clerk.For purposes of this
1849	section, a case is reopened when a case previously reported as
1850	disposed of is resubmitted to a court and includes petitions for
1851	modification of a final judgment of dissolution.
1852	(2) The clerk of the circuit court of any county in the
1853	state who operates his or her office from fees and service
1854	charges collected, as opposed to budgeted allocations from
1855	county general revenue, shall be paid by the county as service
1856	charges for all services to be performed by him or her in any
1857	criminal or juvenile action or proceeding in such court, in lieu
1858	of all other service charges heretofore charged, except as
1859	hereinafter provided, the sum of $40 for each defendant or
1860	juvenile. However, in cases involving capital punishment the
1861	charge shall be $50. In any county where a law creates a law
1862	library fund or other special fund, this charge may be increased
1863	for that purpose by a special or local law or an ordinance. The
1864	sum of all service charges and fees permitted under this
1865	subsection may not exceed $200.
1866	(2)(3)Upon the institution of any appellate proceeding
1867	from any inferior court to the circuit court of any such county
1868	or from the circuit court to an appellate court of the state,
1869	the clerk shall charge and collect from the party or parties
1870	instituting such appellate proceedings a service charge of up to
1871	$250$75 for filing a notice of appeal from an inferior court or
1872	and $50for filing a notice of appeal to a higher court.
1873	(3)(4) A filingservice charge or afee may not be imposed
1874	upon a party for responding by pleading, motion, or other paper
1875	to a civil or criminal action, suit, proceeding, or appeal in a
1876	circuit court.
1877	(4)(5)The fees prescribed in this section do not include
1878	the service charges required by law for the clerk as provided in
1879	s. 28.24 or by other sections of the Florida Statutes. Filing
1880	feesService chargesauthorized by this section may not be added
1881	to any civil penalty imposed by chapter 316 or chapter 318.
1882	Section 33. Effective July 1, 2004, section 28.245,
1883	Florida Statutes, is amended to read:
1884	28.245 Transmittal of funds to Department of Revenue;
1885	uniform remittance form required.--Notwithstanding any other
1886	provision of law, all moneys collected by the clerks of the
1887	court for subsequent distribution must be transmitted
1888	electronically to a state agency or to the Supreme Court must be
1889	transmitted tothe Department of Revenue for appropriate
1890	distribution. A uniform remittance form provided by the
1891	Department of Revenue detailing the specific amounts due each
1892	fund must accompany such submittal.
1893	Section 34. Section 28.246, Florida Statutes, is created
1894	to read:
1895	28.246 Payment of court-related fees, charges, and costs;
1896	partial payments; distribution of funds.--
1897	(1) Beginning July 1, 2003, the clerk of the circuit court
1898	shall report the following information to the Legislature and
1899	the Clerk of Court Operations Conference on a form developed by
1900	the Department of Financial Services:
1901	(a) The total amount of mandatory fees, services charges,
1902	and costs; the total amount actually assessed; the total amount
1903	discharged or waived; and the total amount collected.
1904	(b) The maximum amount of discretionary fees, service
1905	charges, and costs authorized; the total amount actually
1906	assessed; the total amount discharged or waived; and the total
1907	amount collected.
1908	(c) The total amount of mandatory fines and other monetary
1909	penalties; the total amount assessed; the total amount
1910	discharged or waived; and the total amount collected.
1911	(d) The maximum amount of mandatory fines and other
1912	monetary penalties; the total amount assessed; the total amount
1913	discharged or waived; and the total amount collected.
1914
1915	The clerk shall submit the report on a quarterly basis 30 days
1916	after the end of the quarter for the period from July 1, 2003
1917	through June 30, 2004, and on an annual basis thereafter, 60
1918	days after the end of the county fiscal year.
1919	(2) The clerk of the circuit court shall establish and
1920	maintain a system of accounts receivable for court-related fees,
1921	charges, and costs.
1922	(3) Court costs, fines, and other dispositional
1923	assessments shall be enforced by the courts, collected by the
1924	clerks of the circuit and county courts, and disbursed in
1925	accordance with authorizations and procedures as established by
1926	general law. Each clerk of the circuit court shall enter into a
1927	payment plan with defendants determined to be indigent and
1928	demonstrating an inability to pay court-related fees, charges,
1929	and costs in full.
1930	(4) The clerk of the circuit court shall accept partial
1931	payments for unpaid court-related fees, charges, and costs in
1932	accordance with the terms of an established payment plan.
1933	(5) When receiving partial payment of fees, service
1934	charges, court costs, and fines, clerks shall distribute funds
1935	according to the following order of priority:
1936	(a) That portion of fees, services charges, court costs,
1937	and fines payable to the clerk for the operations of the clerk
1938	and to be remitted to the state for deposit into the General
1939	Revenue Fund.
1940	(b) That portion of fees, service charges, court costs,
1941	and fines payable to state trust funds, allocated on a pro rata
1942	basis among the various authorized funds if the total collection
1943	amount is insufficient to fully fund all such funds as provided
1944	by law.
1945	(c) That portion of fees, service charges, court costs,
1946	and fines payable to counties, municipalities, or other local
1947	entities, allocated on a pro rata basis among the various
1948	authorized recipients if the total collection amount is
1949	insufficient to fully fund all such recipients as provided by
1950	law.
1951
1952	To offset processing costs, clerks may retain up to 1 percent of
1953	all collections of fees, service charges, court costs, and fines
1954	payable to other entities, except where otherwise provided in
1955	general law.
1956	(6) A clerk of court may pursue the collection of any
1957	fees, fines, court costs, or other costs imposed by the court
1958	which remain unpaid for 90 days or more, or refer such
1959	collection to a private attorney who is a member in good
1960	standing of The Florida Bar or collection agent who is
1961	registered and in good standing pursuant to chapter 559. In
1962	pursuing the collection of such unpaid financial obligations
1963	through a private attorney or collection agent, the clerk of the
1964	court must determine this is cost effective and follow
1965	applicable procurement practices.
1966	Section 35. Section 28.35, Florida Statutes, is created to
1967	read:
1968	28.35 Clerk of Court Operations Conference.--
1969	(1) The Clerk of Court Operations Conference is created
1970	and shall be composed of:
1971	(a) Eight clerks elected by the clerks of the courts for a
1972	term of 2 years, with two clerks from counties of fewer than
1973	100,000 residents, two clerks from counties of at least 100,000
1974	residents but fewer than 500,000 residents, two clerks from
1975	counties of at least 500,000 residents but fewer than 1 million
1976	residents, and two clerks from counties of more than 1 million
1977	residents.
1978	(b) The Chief Justice of the Supreme Court or his or her
1979	designee.
1980	(2) The duties of the conference shall include:
1981	(a) Periodically recommending to the Legislature changes
1982	in the various court-related fines, fees, service charges, and
1983	cost schedules established by law to ensure reasonable and
1984	adequate funding of the clerks of the court in the performance
1985	of their court-related functions.
1986	(b) Establishing a process for the review and approval of
1987	court-related proposed budgets submitted by clerks of the court
1988	pursuant to s. 28.36.
1989	(c) Certifying to the Legislature, the Governor, the Chief
1990	Financial Officer, and the Department of Revenue which clerks of
1991	court will have court-related revenues insufficient to fund the
1992	anticipated court-related functions of their offices and the
1993	actions taken to resolve any deficits pursuant to s. 28.36.
1994	(d) Developing and approving a system of performance
1995	accountability measurements and performance standards for each
1996	clerk of the court. These measures must assess the fiscal
1997	management, efficient operations, and effective collection of
1998	fines, fees, service charges, and costs using data reported in
1999	28.246 as well as other data.
2000	(e) Publishing a schedule of maximum fines, fees, service
2001	charges, and costs that may be charged by a clerk of the court
2002	for court-related functions pursuant to general law that
2003	reflects any adjustments based on changes in the Consumer Price
2004	Index. Effective July 1, 2004, the schedule shall reflect the
2005	maximum fines, fees, service charges, and costs established by
2006	general law. The schedule may be adjusted on or after October 1,
2007	2005, and no more frequently than annually thereafter, by the
2008	average percentage change in the Consumer Price Index issued by
2009	the United States Department of Labor since the last adjustment
2010	by the conference. Any adjustment to the schedule authorized in
2011	this paragraph must be affirmatively approved by a majority of
2012	the clerks of the circuit courts before such adjustments may
2013	take effect.
2014	(3) The Clerk of Court Operations Conference shall
2015	maintain a public depository to receive funds for its
2016	operations. The Clerk of Court Operations Conference shall
2017	receive a portion of the fees collected by the clerk for filing
2018	a civil action in circuit court as specified in s. 28.241. These
2019	funds shall be available to the conference for the performance
2020	of the duties and responsibilities as set forth in this section.
2021	The conference may hire staff and pay for other expenses from
2022	this fund only as necessary to perform the official duties and
2023	responsibilities of the conference as described in this section.
2024	(4) The Clerk of Court Operations Conference shall submit
2025	an annual audited financial statement to the Auditor General in
2026	a form and manner prescribed by the Auditor General. The Auditor
2027	General shall conduct an annual audit of the operations of the
2028	conference, including the use of funds and compliance with the
2029	provisions of this section and ss. 28.36 and 28.37.
2030	Section 36. Section 28.36, Florida Statutes, is created to
2031	read:
2032	28.36 Budget review and approval procedure.--There is
2033	established a budget procedure for the court-related functions
2034	of the clerks of the court.
2035	(1) For the period July 1, 2004, through September 30,
2036	2004, and for each county fiscal year ending September 30
2037	thereafter, each clerk of the court shall prepare a budget
2038	relating solely to the performance of the court-related
2039	functions.
2040	(2) Each proposed budget shall conform to the following
2041	requirements:
2042	(a) On May 1, 2004, for the fiscal period of July 1, 2004,
2043	through September 30, 2004, and on or before August 1 for each
2044	fiscal year thereafter, the proposed budget shall be prepared,
2045	summarized, and submitted by the clerk in each county to the
2046	Clerk of Court Operations Conference in the manner and form
2047	prescribed by the conference. The proposed budget must provide
2048	detailed information on the anticipated revenues available and
2049	expenditures necessary for the performance of the court-related
2050	functions of the clerk's office for the county fiscal year
2051	beginning the following October 1.
2052	(b) The proposed budget must be balanced, such that the
2053	total of the estimated revenues available must equal or exceed
2054	the total of the anticipated expenditures. These revenues
2055	include the following: cash balances brought forward from the
2056	prior fiscal period; supplemental revenue that may be requested
2057	pursuant to subsection (3); and the contingency reserve
2058	authorized in paragraph (c). The anticipated expenditures must
2059	be itemized as required by the Clerk of Court Operations
2060	Conference.
2061	(c) The proposed budget may include a contingency reserve
2062	not to exceed 10 percent of the total budget.
2063	(3) If a clerk of the court estimates that available
2064	revenues are insufficient to meet the anticipated expenditures
2065	for the court-related functions performed by his or her office,
2066	the clerk must report the budget deficit to the Clerk of Court
2067	Operations Conference in the manner and form prescribed by the
2068	conference. The conference shall determine whether the clerk is
2069	meeting his or her performance standards for the current year
2070	relating to fiscal management, efficient operations, and the
2071	effective collection of fines, fees, service charges, and costs.
2072	(a) If the conference determines that a clerk is meeting
2073	his or her performance standards for fiscal management;
2074	efficient operations; and effective collection of fines, fees,
2075	service charges, and costs; and a deficit is projected, that
2076	clerk shall increase all fines, fees, service charges, and costs
2077	to the maximum amounts specified by law or the amount necessary
2078	to resolve the deficit, whichever is less. If, after increasing
2079	such fines, fees, service charges, and costs, a budget deficit
2080	is still projected, the conference shall certify a deficit and
2081	notify the Department of Revenue that that clerk is authorized
2082	to retain revenues, in an amount necessary to fully fund the
2083	projected deficit, which he or she would otherwise be required
2084	to remit to the Department of Revenue for deposit into the
2085	Department of Revenue Clerks of the Court Trust Fund pursuant to
2086	s. 28.37. If a budget deficit is projected after retaining all
2087	of the collections from court-related fines, fees, service
2088	charges, and costs, the conference shall certify the deficit
2089	amount to the Chief Financial Officer. An amount equal to the
2090	deficit is hereby appropriated each year from the Department of
2091	Revenue Clerks of the Court Trust Fund, without further
2092	legislative action, period after period, until altered or
2093	revoked by the Legislature. The Department of Revenue is
2094	directed to make a monthly distribution of equal amounts to each
2095	clerk certified to have a deficit until the Clerk of Court
2096	Operations Conference certifies a different amount to be
2097	distributed.
2098	(b) The Clerk of Court Operations Conference shall notify
2099	the Governor, the President of the Senate, and the Speaker of
2100	the House of Representatives prior to taking actions specified
2101	in this subsection. The notification shall include a
2102	certification by the conference that all of the conditions in
2103	this subsection have been met.
2104	(4) The Clerk of Court Operations Conference must approve
2105	the court-related budget for each clerk in the state, and shall
2106	certify to the Legislature by October 15 of each year, the
2107	proposed budget amount approved for each clerk's budget; the
2108	revenue projection supporting each clerk's budget; each clerk
2109	who must retain some or all of the state's share of fines, fees,
2110	service charges, and costs; the amount to be paid from the
2111	Department of Revenue Clerks of the Court Trust Fund to each
2112	clerk; and the performance measures and standards approved by
2113	the conference for each clerk.
2114	(5)(a) For the county fiscal year October 1, 2004, through
2115	September 30, 2005, the maximum annual budget amount that may be
2116	authorized by the Clerk of Court Operations Conference for each
2117	clerk may not exceed 103 percent of the clerk's actual
2118	expenditures for the prior county fiscal year for court-related
2119	functions that are required by law effective July 1, 2004. The
2120	conference shall use the clerk's actual expenditures for the
2121	prior county fiscal year for court-related functions as reported
2122	by the Chief Financial Officer based on the county financial
2123	reporting required under s. 218.32.
2124	(b) For the county fiscal year 2005-2006, the maximum
2125	budget amount that may be authorized by the conference for each
2126	clerk budget shall be the approved budget for county fiscal year
2127	2004-2005 adjusted by the projected percentage change in revenue
2128	between the county fiscal years 2004-2005 and 2005-2006.
2129	(c) For the county fiscal years 2006-2007 and thereafter,
2130	the maximum budget amount that may be authorized by the
2131	conference for each clerk shall be established by first rebasing
2132	the prior fiscal year budget to reflect the actual percentage
2133	change in the prior fiscal year revenue and then adjusting the
2134	rebased prior fiscal year budget by the projected percentage
2135	change in revenue for the proposed budget year. The rebasing
2136	calculations and maximum annual budget calculations shall be as
2137	follows:
2138	1. For county fiscal year 2006-2007, the approved budget
2139	for county fiscal year 2004-2005 shall be adjusted for the
2140	actual percentage change in revenue between the two 12-month
2141	periods ending June 30, 2005, and June 30, 2006. This result is
2142	the rebased budget for the county fiscal year 2005-2006. Then
2143	the rebased budget for the county fiscal year 2005-2006 shall be
2144	adjusted by the projected percentage change in revenue between
2145	the county fiscal years 2005-2006 and 2006-2007. This result
2146	shall be the maximum annual budget amount that may be authorized
2147	by the conference for each clerk for the county fiscal year
2148	2006-2007.
2149	2. For county fiscal year 2007-2008, the rebased budget
2150	for county fiscal year 2005-2006 shall be adjusted for the
2151	actual percentage change in revenue between the two 12-month
2152	periods ending June 30, 2006, and June 30, 2007. This result is
2153	the rebased budget for the county fiscal year 2006-2007. The
2154	rebased budget for county fiscal year 2006-2007 shall be
2155	adjusted by the projected percentage change in revenue between
2156	the county fiscal years 2006-2007 and 2007-2008. This result
2157	shall be the maximum annual budget amount that may be authorized
2158	by the conference for each clerk budget for county fiscal year
2159	2007-2008.
2160	3. For county fiscal years 2008-2009 and thereafter, the
2161	maximum budget amount that may be authorized by the conference
2162	for each clerk budget shall be calculated as the rebased budget
2163	for the prior county fiscal year adjusted by the projected
2164	percentage change in revenues between the prior county fiscal
2165	year and the county fiscal year for which the maximum budget
2166	amount is being authorized. The rebased budget for the prior
2167	county fiscal year shall always be calculated by adjusting the
2168	rebased budget for the year preceding the prior county fiscal
2169	year by the actual percentage change in revenues between the 12-
2170	month period ending June 30 of the year preceding the prior
2171	county fiscal year and the 12-month period ending June 30 of the
2172	prior county fiscal year.
2173	(6) The Clerk of Court Operations Conference may submit
2174	proposed legislation to the Governor, the President of the
2175	Senate, and the Speaker of the House of Representatives no later
2176	than November 1 in any year for approval of clerk budget request
2177	amounts exceeding the restrictions in this section for the
2178	following October 1. If proposed legislation is recommended, the
2179	conference shall also submit supporting justification with
2180	sufficient detail to identify the specific proposed expenditures
2181	that would cause the limitations to be exceeded for each
2182	affected clerk and the estimated fiscal impact on state
2183	revenues.
2184	Section 37. Section 28.37, Florida Statutes, is created to
2185	read:
2186	28.37 Fines, fees, service charges, and costs remitted to
2187	the state.--
2188	(1) Pursuant to s. 14(b), Art. V of the State
2189	Constitution, selected salaries, costs, and expenses of the
2190	state courts system and court-related functions shall be funded
2191	from a portion of the revenues derived from statutory fines,
2192	fees, service charges, and costs collected by the clerks of the
2193	court.
2194	(2) Beginning July 1, 2004, one-third of all fines, fees,
2195	service charges, and costs, other than those provided in ss.
2196	28.241 and 34.041, collected by the clerks of the court during
2197	the prior month for the performance of court-related functions
2198	shall be remitted to the Department of Revenue for deposit in
2199	the Department of Revenue Clerks of the Court Trust Fund. These
2200	collections do not include funding received for the operation of
2201	the Title IV-D child support collections and disbursement
2202	program. The clerk of the court shall remit the revenues
2203	collected during the prior month due to the state on or before
2204	the 5th day of each month. The Department of Revenue shall make
2205	a monthly transfer of the funds in the Department of Revenue
2206	Clerks of the Court Trust Fund that are not needed to resolve
2207	clerk of the court budget deficits, as specified in s. 28.36, to
2208	the General Revenue Fund.
2209	(3) Beginning January 1, 2005, for the period July 1,
2210	2004, through September 30, 2004, and each January 1 thereafter
2211	for the preceding county fiscal year of October 1 through
2212	September 30, the clerk of the court must remit to the
2213	Department of Revenue for deposit in the General Revenue Fund
2214	the cumulative excess of all statutory fines, fees, service
2215	charges, and costs collected for the clerk's court-related
2216	functions over the amount needed to meet the approved budget
2217	amounts established under s. 28.36.
2218	(4) The Department of Revenue shall adopt rules governing
2219	the remittance of the funds to be transferred to the General
2220	Revenue Fund under this section, the required forms and
2221	procedures, and penalties for failure to comply. The department
2222	shall collect any funds that the Clerk of Court Operations
2223	Conference determines upon investigation were due on January 1
2224	but not remitted to the department.
2225	Section 38. Effective July 1, 2004, section 29.001,
2226	Florida Statutes, is amended to read:
2227	29.001 Intent; State courts system essentialelements and
2228	definitions; funding through filing fees, service charges, and
2229	costs; county responsibilities.--
2230	(1) It is the intent of the Legislature that,For the
2231	purpose of implementing s. 14, Art. V of the State Constitution,
2232	the state courts system isbe defined to include the enumerated
2233	essentialelements of the Supreme Court, district courts of
2234	appeal, circuit courts, county courts, and certainessential
2235	supports thereto. Similarly,The offices of public defenders
2236	and state attorneys shall include those essential elements as
2237	determined by general law. Further, the state attorneys' offices
2238	are defined to include the enumeratedessentialelements of the
2239	20 state attorneys' offices and the enumeratedpublic defenders'
2240	offices are defined to include the essentialelements of the 20
2241	public defenders' offices. Court-appointed counsel are defined
2242	to include the enumerated elements forascounsel appointed to
2243	ensure due process in criminal and civil proceedings in
2244	accordance with state and federal constitutional guarantees.
2245	Funding for the state courts system, the state attorneys'
2246	offices, the public defenders' offices, and court-appointed
2247	counsel shall be provided from state revenues appropriated by
2248	general law.
2249	(2) All funding for the court-related functions of the
2250	offices of the clerks of the circuit and county courts shall be
2251	provided by adequate and appropriate filing fees for judicial
2252	proceedings and service charges and costs for performing court-
2253	related functions.
2254	(3) Pursuant to general law, Counties shall be required to
2255	fund the cost of communications services, existing radio
2256	systems, existing multiagency criminal justice information
2257	systems, and the cost of construction or lease, maintenance,
2258	utilities, and security of facilities for the circuit courts and
2259	county courts, public defenders' offices, state attorneys'
2260	offices, and the offices of the clerks of the circuit and county
2261	courts, as defined by general law. In addition, the counties
2262	will continue to fund existing elements of the state courts
2263	system, state attorneys' offices, public defenders' offices,
2264	court-appointed counsel, and the offices of the clerks of the
2265	circuit and county courts performing court-related functions,
2266	consistent with current law and practice, until such time as the
2267	Legislature expressly assumes the responsibility for funding
2268	those elements. Counties will fund the cost of criminal cases
2269	filed by the Office of Statewide Prosecution. Additionally, the
2270	Legislature will define by general law those local requirements
2271	of the state courts system for which the counties must pay
2272	reasonable and necessary salaries, costs, and expenses.
2273	(2)(4)Although a program or function currently may be
2274	funded by the state or prescribed or established in general law,
2275	this does not designate the program or function as an essential
2276	element of the state courts system, state attorneys' offices,
2277	public defenders' offices, or the offices of the circuit and
2278	county court clerks performing court-related functions as
2279	described in s. 14, Art. V of the State Constitution.
2280	Section 39. Effective July 1, 2004, section 29.004,
2281	Florida Statutes, is amended to read:
2282	29.004 State courts system.--For purposes of implementing
2283	s. 14, Art. V of the State Constitution, the essentialelements
2284	of the state courts system to be provided from state revenues
2285	appropriated by general laware as follows:
2286	(1) Judges appointed or elected pursuant to chapters 25,
2287	26, 34, and 35, and essential staff, expenses, and costs as
2288	determined by general law.
2289	(2) Juror compensation and expenses and reasonable juror
2290	accommodations when necessary.
2291	(3) Reasonable court reporting and transcriptionservices
2292	necessary to meet constitutional requirements.
2293	(4) Auxiliary aids and services for qualified individuals
2294	with a disability which are necessary to ensure access to the
2295	courts. Such auxiliary aids and services include, but are not
2296	limited to, sign-language interpreters, translators, real-time
2297	transcription services for individuals who are hearing impaired,
2298	and assistive listening devices. This section does not include
2299	physical modifications to court facilities; noncourtroom
2300	communication services; or other accommodations, auxiliary aids,
2301	or services for which the counties are responsible pursuant to
2302	s. 14, Art. V of the State Constitution.
2303	(4)(5)Construction or lease of facilities, maintenance,
2304	utilities, and security for the district courts of appeal and
2305	the Supreme Court.
2306	(5)(6)Court foreign language and sign-language
2307	interpreters and translators essential to comply with
2308	constitutional requirements.
2309	(6) Expert witnesses not requested by any party which are
2310	appointed by the court pursuant to an express grant of statutory
2311	authority.
2312	(7) Judicial assistants, law clerks, and resource
2313	materials.
2314	(8) Masters and hearing officers.
2315	(9) Court administration.
2316	(10) Case management. Case management includes:
2317	(a) Initial review and evaluation of cases, including
2318	assignment of cases to court divisions or dockets.
2319	(b) Case monitoring, tracking, and coordination.
2320	(c) Scheduling of judicial events.
2321	(d) Service referral, coordination, monitoring, and
2322	tracking for treatment-based drug court programs under s.
2323	397.334.
2324
2325	Case management may not include costs associated with the
2326	application of therapeutic jurisprudence principles by the
2327	courts. Case management also may not include case intake and
2328	records management conducted by the clerk of court.
2329	(11) Mediation and arbitration, limited to trial court
2330	referral of a pending judicial case to a mediator or a court-
2331	related mediation program, or to an arbitrator or a court
2332	related arbitration program, for the limited purpose of
2333	encouraging and assisting the litigants in partially or
2334	completely settling the case prior to adjudication on the merits
2335	by the court. This does not include citizen dispute settlement
2336	centers under s. 44.201 and community arbitration programs under
2337	s. 985.304.
2338	(12) Basic legal materials reasonably accessible to the
2339	public other than a public law library. These materials may be
2340	provided in a courthouse facility or any library facility.
2341	(13)(7) Staff and expenses ofThe Judicial Qualifications
2342	Commission.
2343	(14) Offices of the appellate clerks and marshals and
2344	appellate law libraries.
2345	Section 40. Effective July 1, 2004, section 29.005,
2346	Florida Statutes, is amended to read:
2347	29.005 State attorneys' offices and prosecution expenses.-
2348	-For purposes of implementing s. 14, Art. V of the State
2349	Constitution, the essentialelements of the state attorneys'
2350	offices to be provided from state revenues appropriated by
2351	general laware as follows:
2352	(1) The state attorney of each judicial circuit and
2353	assistant state attorneys and otheressentialstaff as
2354	determined by general law.
2355	(2) Reasonable court reporting and transcriptionservices
2356	necessary to meet constitutional or statutory requirements,
2357	including the cost of transcribing and copying depositions of
2358	witnesses and the cost of foreign-language and sign-language
2359	interpreters and translators.
2360	(3) Witnesses, including expert witnesses,summoned to
2361	appear for an investigation, preliminary hearing, or trial in a
2362	criminal case when the witnesses are summoned by a state
2363	attorney, and any other expert witnesses the state attorney
2364	deems necessary for the performance of his or her duties.;
2365	(4) Mental health professionals who areappointed pursuant
2366	to s. 394.473 and required in a court hearing involving an
2367	indigent,; and mental health professionalsexpert witnesses who
2368	areappointed pursuant to s. 916.115(2) and required in a court
2369	hearing involving an indigent.
2370	(5) Reasonable transportation services in the performance
2371	of constitutional and statutory responsibilities.
2372	(6) Travel expenses reimbursable under s. 112.061
2373	reasonably necessary in the performance of constitutional and
2374	statutory responsibilities.
2375	(7) Reasonable library and electronic legal research
2376	services, other than a public law library.
2377	(8) Reasonable pretrial consultation fees and costs.
2378	Section 41. Effective July 1, 2004, section 29.006,
2379	Florida Statutes, is amended to read:
2380	29.006 Public defenders and indigent defense costs.--For
2381	purposes of implementing s. 14, Art. V of the State
2382	Constitution, the essentialelements of the public defenders'
2383	offices to be provided from state revenues appropriated by
2384	general laware as follows:
2385	(1) The public defender of each judicial circuit and
2386	assistant public defenders and otheressentialstaff as
2387	determined by general law.
2388	(2) Reasonable court reporting and transcriptionservices
2389	necessary to meet constitutional or statutory requirements,
2390	including the cost of transcribing and copying depositions of
2391	witnesses and the cost of foreign-language and sign-language
2392	interpreters and translators.
2393	(3) Witnesses, including expert witnesses,summoned to
2394	appear for an investigation, preliminary hearing, or trial in a
2395	criminal case when the witnesses are summoned on behalf of an
2396	indigent defendant, and any other expert witnesses approved by
2397	the court.;
2398	(4) Mental health professionals who areappointed pursuant
2399	to s. 394.473 and required in a court hearing involving an
2400	indigent,; and mental health professionalsexpert witnesses who
2401	areappointed pursuant to s. 916.115(2) and required in a court
2402	hearing involving an indigent.
2403	(5) Reasonable transportation services in the performance
2404	of constitutional and statutory responsibilities.
2405	(6) Travel expenses reimbursable under s. 112.061
2406	reasonably necessary in the performance of constitutional and
2407	statutory responsibilities.
2408	(7) Reasonable library and electronic legal research
2409	services, other than a public law library.
2410	(8) Reasonable pretrial consultation fees and costs.
2411	Section 42. Effective July 1, 2004, section 29.007,
2412	Florida Statutes, is amended to read:
2413	29.007 Court-appointed counsel.--For purposes of
2414	implementing s. 14, Art. V of the State Constitution, the
2415	essential elements of court-appointed counsel to be provided
2416	from state revenues appropriated by general laware as follows:
2417	(1) Private attorneys appointedassignedby the court to
2418	handle cases where the defendant is indigent and cannot be
2419	represented by the public defender under ss. 27.42 and 27.53.
2420	(2) Private attorneys appointed by the court to represent
2421	indigents or other classes of litigants in civil proceedings
2422	requiring court-appointed counsel in accordance with state and
2423	federal constitutional guarantees and federal and state
2424	statutes.
2425	(3) Reasonable court reporting and transcriptionservices
2426	necessary to meet constitutional or statutory requirements,
2427	including the cost of transcribing and copying depositions of
2428	witnesses and the cost of foreign-language and sign-language
2429	interpreters and translators.
2430	(4) Witnesses, including expert witnesses,summoned to
2431	appear for an investigation, preliminary hearing, or trial in a
2432	criminalcase when the witnesses are summoned on behalf of an
2433	indigent, and any other expert witnesses approved by the court.
2434	defendant;
2435	(5) Mental health professionals who areappointed pursuant
2436	to s. 394.473 and required in a court hearing involving an
2437	indigent,; and mental health professionalsexpert witnesses who
2438	areappointed pursuant to s. 916.115(2) and required in a court
2439	hearing involving an indigent.
2440	(6) Reasonable pretrial consultation fees and costs.
2441	(7) Travel expenses reimbursable under s. 112.061
2442	reasonably necessary in the performance of constitutional and
2443	statutory responsibilities.
2444	(5) Investigating and assessing the indigency of any
2445	person who seeks a waiver of court costs and fees, or any
2446	portion thereof, or applies for representation by a public
2447	defender or private attorney.
2448	Section 43. Effective upon this act becoming a law,
2449	section 24 of chapter 2000-237, Laws of Florida, as amended by
2450	section 1 of chapter 2001-265, Laws of Florida, is amended to
2451	read:
2452	Section 24. This act shall take effect upon becoming a
2453	law, except for section 8 of this act, which shall take effect
2454	July 1, 20042003.
2455	Section 44. Effective July 1, 2004, section 29.008,
2456	Florida Statutes, is amended to read:
2457	29.008 County funding of court-related functions.--
2458	(1) Counties are required by s. 14, Art. V of the State
2459	Constitution to fund the cost of communications services,
2460	existing radio systems, existing multiagency criminal justice
2461	information systems, and the cost of construction or lease,
2462	maintenance, utilities, and security of facilities for the
2463	circuit and county courts, public defenders' offices, state
2464	attorneys' offices, and the offices of the clerks of the circuit
2465	and county courts performing court-related functions. For
2466	purposes of implementing these requirements, the term:
2467	(a) "Facility" means reasonable and necessary buildings
2468	and space, structures, real estate, easements, and related
2469	interests in real estate, including, but not limited to, those
2470	for the purpose of housing personnel, equipment, or functions of
2471	the circuit or county courts, public defenders' offices, state
2472	attorneys' offices, and court-related functions of the office of
2473	the clerks of the circuit and county courts and all storage. The
2474	term also includes access to parking for such facilities in
2475	connection with such court-related functions that may be
2476	available free or from a private provider or a local government
2477	for a fee. The office space provided by a county may not be less
2478	than the standards for space allotment adopted by the Department
2479	of Management Services. County funding must include physical
2480	modifications and improvements to all facilities as are required
2481	for compliance with the Americans with Disabilities Act. Upon
2482	mutual agreement of a county and the affected entity in this
2483	paragraph, the office space provided by the county may vary from
2484	the standards for space allotment adopted by the Department of
2485	Management Services. This section applies only to facilities
2486	that are leased, or on which construction commences, after June
2487	30, 2003.
2488	(b) "Construction or lease" includes, but is not limited
2489	to, all reasonable and necessary costs of the acquisition or
2490	leaseof facilities, equipment, and furnishings for all judicial
2491	officers, staff, jurors, volunteers of a tenant agency, and the
2492	public for the circuit and county courts, the public defenders'
2493	offices, state attorneys' offices, and for performing the court-
2494	related functions of the offices of the clerks of the circuit
2495	and county courts. This includes expenses related to financing
2496	such facilities and the existing and future cost and bonded
2497	indebtedness associated with placing the facilities in use.
2498	(c) "Maintenance" includes, but is not limited to, all
2499	reasonable and necessary costs of custodial and groundskeeping
2500	services and renovation and reconstruction as needed to
2501	accommodate functions for the circuit and county courts, the
2502	public defenders' offices, and state attorneys' offices and for
2503	performing the court-related functions of the offices of the
2504	clerks of the circuit and county court and for maintaining the
2505	facilities in a condition appropriate and safe for the use
2506	intended.
2507	(d) "Utilities" means allelectricity services for light,
2508	heat, or power; natural or manufactured gas services for light,
2509	heat, or power; water and wastewater services and systems,
2510	stormwater or runoff services and systems, sewer services and
2511	systems, all costs or fees associated with these services and
2512	systems, and any costs or fees associated with the mitigation of
2513	environmental impacts directly related to the facility.
2514	(e) "Security" includes but is not limited to, all
2515	reasonable and necessary costs of services of law enforcement
2516	officers or licensed security guards and all electronic,
2517	cellular, or digital monitoring and screening devices necessary
2518	to ensure the safety and security of all persons visiting or
2519	working in a facility; to provide for security of the facility,
2520	including protection of property owned by the county or the
2521	state; and for security of prisoners brought to any facility.
2522	This includes bailiffs while providing courtroom and other
2523	security for each judge and other quasi-judicial officers.
2524	(f) "Communications systems or communicationsservices"
2525	are defined as any reasonable and necessary transmission,
2526	emission, and reception of signs, signals, writings, images, and
2527	sounds of intelligence of any nature by wire, radio, optical, or
2528	other electromagnetic systems and includes all facilities and
2529	equipment owned, leased, or used by judges, clerks, public
2530	defenders, state attorneys, and all staff of the state courts
2531	system, state attorneys' offices, public defenders' offices, and
2532	clerks of the circuit and county courts performing court-related
2533	functions. Such system or services shall include, but not be
2534	limited to:
2535	1. Telephone system infrastructure, including computer
2536	lines, telephone switching equipment, and maintenance. Each
2537	county shall continue to provide access to a local carrier for
2538	local and long distance service and shall pay for the local
2539	service. Telephone equipment, including facsimile, video
2540	teleconferencing, and pagers, owned by the counties shall be
2541	transferred to the state at no charge, effective July 1, 2004
2542	Telephone services and equipment, including facsimile, wireless
2543	communications, video teleconferencing, pagers, computer lines,
2544	and telephone switching equipment and the maintenance, supplies,
2545	hardware, software, and line charges, including local and long-
2546	distance toll charges, and support staff or services necessary
2547	for operation.
2548	2. Allcomputer systems and equipment, including computer
2549	hardware and software, modems, printers, wiring, network
2550	connections, maintenance, support staff or services, training,
2551	supplies, and line charges necessary for an integrated computer
2552	system to support the operations and management of the state
2553	courts system, the offices of the public defenders, the offices
2554	of the state attorneys, and the offices of the clerks of the
2555	circuit and county courts and the capability to connect those
2556	entities and reporting data to the state as required for the
2557	transmission of revenue, performance accountability, case
2558	management, data collection, budgeting, and auditing purposes.
2559	The integrated computer system shall be operational by January
2560	1, 2006, and, at a minimum, must be able to electronically
2561	exchange judicial case background, sentencing guidelines and
2562	scoresheets, and video evidence information stored in integrated
2563	case-management systems over secure networks.
2564	3. Postage, printed documents, radio,Courier messenger
2565	and subpoena services, support services, all maintenance,
2566	supplies, and line charges.
2567	4. Auxiliary aids and services for qualified individuals
2568	with a disability which are necessary to ensure access to the
2569	courts. Such auxiliary aids and services include, but are not
2570	limited to, real-time transcription services for individuals who
2571	are hearing impaired, and assistive listening devices and the
2572	equipment necessary to implement such accommodations.
2573	(g) "Existing radio systems" includes, but is not limited
2574	to, law enforcement radio systems that are used by the circuit
2575	and county courts, the offices of the public defenders, the
2576	offices of the state attorneys, and for court-related functions
2577	of the offices of the clerks of the circuit and county courts.
2578	This includes radio systems that were operational or under
2579	contract at the time Revision No. 7, 1998, to Art. V of the
2580	State Constitution was adopted and any enhancements made
2581	thereafter, the maintenance of those systems, and the personnel
2582	and supplies necessary for operation.
2583	(h) "Existing multiagency criminal justice information
2584	systems" includes, but is not limited to, those components of
2585	the multiagency criminal justice information system as defined
2586	in s. 943.045, supporting the offices of the circuit or county
2587	courts, the public defenders' offices, the state attorneys'
2588	offices, or those portions of the offices of the clerks of the
2589	circuit and county courts performing court-related functions
2590	that are used to carry out the court-related activities of those
2591	entities. This includes upgrades and maintenance of the current
2592	equipment, maintenance and upgrades of supporting technology
2593	infrastructure and associated staff, and services and expenses
2594	to assure continued information sharing and reporting of
2595	information to the state. The counties shall also provide
2596	additional information technology services, hardware, and
2597	software as needed for new judges and staff of the state courts
2598	system, state attorneys' offices, public defenders' offices, and
2599	the offices of the clerks of the circuit and county courts
2600	performing court-related functions.
2601	(2) Counties shall pay reasonable and necessary salaries,
2602	costs, and expenses of the state courts system, including
2603	associated staff and expenses, to meet local requirements as
2604	determined by general law.
2605	(a) Local requirements are those specialized programs,
2606	nonjudicial staff, and other expenses associated with
2607	specialized court programs, specialized prosecution needs,
2608	specialized defense needs, or resources required of a local
2609	jurisdiction as a result of special factors or circumstances.
2610	Local requirements exist:
2611	1. When imposed pursuant to an express statutory
2612	directive, based on such factors as provided in paragraph (b);
2613	or
2614	2. When:
2615	a. The county has enacted an ordinance, adopted a local
2616	program, or funded activities with a financial or operational
2617	impact on the circuit or a county within the circuit; or
2618	b. Circumstances in a given circuit or county result in or
2619	necessitate implementation of specialized programs, the
2620	provision of nonjudicial staff and expenses to specialized court
2621	programs, special prosecution needs, specialized defense needs,
2622	or the commitment of resources to the court's jurisdiction.
2623	(b) Factors and circumstances resulting in the
2624	establishment of a local requirement include, but are not
2625	limited to:
2626	1. Geographic factors;
2627	2. Demographic factors;
2628	3. Labor market forces;
2629	4. The number and location of court facilities; or
2630	5. The volume, severity, complexity, or mix of court
2631	cases.
2632	(c) Local requirements under subparagraph (a)2. must be
2633	determined by the following method:
2634	1. The chief judge of the circuit, in conjunction with the
2635	state attorney and the public defender only on matters that
2636	impact their offices, shall identify all local requirements
2637	within the circuit or within each county in the circuit and
2638	shall identify the reasonable and necessary salaries, costs, and
2639	expenses to meet these local requirements.
2640	2. On or before June 1 of each year, the chief judge shall
2641	submit to the board of county commissioners a tentative budget
2642	request for local requirements for the ensuing fiscal year. The
2643	tentative budget must certify a listing of all local
2644	requirements and the reasonable and necessary salaries, costs,
2645	and expenses for each local requirement. The board of county
2646	commissioners may, by resolution, require the certification to
2647	be submitted earlier.
2648	3. The board of county commissioners shall thereafter
2649	treat the certification in accordance with the county's
2650	budgetary procedures. A board of county commissioners may:
2651	a. Determine whether to provide funding, and to what
2652	extent it will provide funding, for salaries, costs, and
2653	expenses under this section;
2654	b. Require a county finance officer to conduct a preaudit
2655	review of any county funds provided under this section prior to
2656	disbursement;
2657	c. Require review or audit of funds expended under this
2658	section by the appropriate county office; and
2659	d. Provide additional financial support for the courts
2660	system, state attorneys, or public defenders.
2661	(d) Counties may satisfy these requirements by entering
2662	into interlocal agreements for the collective funding of these
2663	reasonable and necessary salaries, costs, and expenses.
2664	(3) The following shall be considered a local requirement
2665	pursuant to subparagraph (2)(a)1.:
2666	(a) Legal aid programs. Counties with a population of less
2667	than 75,000 are exempt from this requirement.
2668	(b) Alternative sanctions coordinators pursuant to ss.
2669	984.09 and 985.216.
2670	Section 45. Effective July 1, 2004, section 29.0085,
2671	Florida Statutes, is created to read:
2672	29.0085 Annual statement of certain revenues and
2673	expenditures.--
2674	(1) Each county shall submit annually to the Chief
2675	Financial Officer a statement of revenues and expenditures as
2676	set forth in this section in the form and manner prescribed by
2677	the Chief Financial Officer in consultation with the Legislative
2678	Committee on Intergovernmental Relations, provided that such
2679	statement identify total county expenditures on each of the
2680	services outlined in s. 29.008.
2681	(2)(a) Within 6 months of the close of the local
2682	government fiscal year, each county shall submit to the Chief
2683	Financial Officer a statement of compliance from its independent
2684	certified public accountant, engaged pursuant to s. 218.39, that
2685	the certified statement of expenditures was in accordance with
2686	s. 29.008 and this section. All discrepancies noted by the
2687	independent certified public accountant shall be included in the
2688	statement furnished by the county to the Chief Financial
2689	Officer.
2690	(b) If the Chief Financial Officer determines that
2691	additional auditing procedures are appropriate because:
2692	1. The county failed to submit timely its annual
2693	statement;
2694	2. Discrepancies were noted by the independent certified
2695	public accountant; or
2696	3. The county failed to file before March 31 of each year
2697	the certified public accountant statement of compliance, the
2698	Chief Financial Officer may send his or her personnel or
2699	contract for services to bring the county into compliance. The
2700	costs incurred by the Chief Financial Officer shall be paid
2701	promptly by the county upon certification by the Chief Financial
2702	Officer.
2703	(c) Where the Chief Financial Officer elects to utilize
2704	the services of an independent contractor, such certification by
2705	the Chief Financial Officer may require the county to make
2706	direct payment to a contractor. Any funds owed by a county in
2707	such matters shall be recovered pursuant to s. 17.04 or s.
2708	17.041.
2709	(3) The Chief Financial Officer shall adopt any rules
2710	necessary to implement his or her responsibilities pursuant to
2711	this section.
2712	Section 46. Effective July 1, 2004, section 29.0095,
2713	Florida Statutes, is created to read:
2714	29.0095 Budget expenditure reports.--
2715	(1) The chief judge of each circuit shall, by October 1 of
2716	each fiscal year, submit an itemized report to the Governor, the
2717	President of the Senate, and the Speaker of the House of
2718	Representatives showing the amount of state funds expended
2719	during the previous fiscal year ending in June for each of the
2720	items enumerated in s. 29.004 that pertain to circuit and county
2721	courts.
2722	(2) Each state attorney shall, by October 1 of each fiscal
2723	year, submit an itemized report to the Governor, the President
2724	of the Senate, and the Speaker of the House of Representatives
2725	showing the amount of state funds expended during the previous
2726	fiscal year ending in June for each of the items enumerated in
2727	s. 29.005.
2728	(3) Each public defender shall, by October 1 of each
2729	fiscal year, submit an itemized report to the Governor, the
2730	President of the Senate, and the Speaker of the House of
2731	Representatives showing the amount of state funds expended
2732	during the previous fiscal year ending in June for each of the
2733	items enumerated in s. 29.006.
2734	(4) The Legislative Budget Commission shall prescribe the
2735	format of the report required by this section in consultation
2736	with the Chief Justice and the Justice Administrative
2737	Commission.
2738	Section 47. Section 29.014, Florida Statutes, is created
2739	to read:
2740	29.014 Article V Indigent Services Advisory Board.--
2741	(1) There is created the Article V Indigent Services
2742	Advisory Board. The board shall exist for the purpose of
2743	advising the Legislature in establishing qualifications and
2744	compensation standards governing the expenditure of state
2745	appropriated funds for those providing state-funded due process
2746	services for indigents provided through the courts, state
2747	attorneys, public defenders, and private court-appointed
2748	counsel. These services include, but are not limited to, court-
2749	appointed counsel, court reporting and transcription services,
2750	interpreter services, and expert witnesses. Standards
2751	recommended by the Board shall take into account local
2752	variations and market conditions and availability of attorneys
2753	and other service providers. The board shall also exist for the
2754	purpose of advising the Legislature on cost containment
2755	strategies and policies.
2756	(2) The board shall be composed of twelve members,
2757	appointed as follows:
2758	(a) The Governor shall appoint three members as follows:
2759	one state attorney, one public defender, and one clerk of court.
2760	(b) The President of the Senate and the Speaker of the
2761	House of Representatives shall each appoint three members. Of
2762	the members appointed by the President of the Senate one shall
2763	be a county commissioner and one shall be an attorney in private
2764	practice with significant criminal trial experience. Of the
2765	members appointed by the Speaker of the House of Representatives
2766	one shall be a county commissioner and one shall be an attorney
2767	in private practice with significant civil trial experience. The
2768	President of the Senate and the Speaker of the House of
2769	Representatives may each appoint a member from their respective
2770	chambers.
2771	(c) The Chief Justice of the Supreme Court shall appoint
2772	three members as follows: three trial court judges,
2773	representing a cross-section of small, medium, and large
2774	circuits, different regions of the state, and court divisions.
2775	Appointments shall be made effective July 1, 2003.
2776	(3) Members shall be appointed for 4-year terms, except
2777	for an appointment to fill an unexpired term, in which event the
2778	appointment shall be for the remainder of the unexpired term
2779	only. In the case where a member must hold office to be
2780	qualified for board membership, the member's term shall also
2781	expire upon failure to maintain the office, whichever occurs
2782	first.
2783	(4) The members shall elect a chairperson annually and
2784	shall meet at the call of the chairperson, at the request of a
2785	majority of the membership, or at the request of the President
2786	of the Senate or the Speaker of the House of Representatives.
2787	Members shall serve without pay but shall be entitled to
2788	reimbursement for their expenses in carrying out their duties as
2789	provided in s. 112.061. Public officer members shall be
2790	reimbursed through the budget entity through which they are
2791	compensated.
2792	(5) The board shall:
2793	(a) Recommend qualifications for those providing
2794	authorized state-funded due process services, including
2795	qualifications for state-funded court reporters, interpreters,
2796	and private court-appointed counsel, in addition to those set
2797	forth in s. 27.40. At a minimum, the board shall incorporate
2798	into the eligibility and performance standards for court-
2799	appointed counsel requirements relating to length of membership
2800	in The Florida Bar, continuing legal education, and relevant
2801	trial experience. At a minimum, the experience standards for
2802	criminal cases must require participation in three criminal
2803	trials for an attorney to be eligible for a third-degree felony
2804	case and five criminal trials to be eligible for a case
2805	involving a felony of the second degree or a higher degree.
2806	(b) Recommend any needed adjustments to existing
2807	compensation standards for private court-appointed counsel and
2808	other providers of due process services pursuant to s. 27.5304.
2809	(c) Identify due process services for indigents that
2810	should be included on the state contract and bid competitively
2811	on a circuit, region, or statewide basis.
2812	(d) Recommend statewide contracting standards for
2813	procurement of state-funded due process services and developing
2814	uniform contract forms for use in procuring services.
2815	(e) Advise the Legislature on strategies and policies to
2816	contain costs.
2817	(f) Recommend uniform standards to be applied by the
2818	public defender and the court in determining whether or not
2819	there is a conflict of interest pursuant to s. 27.5303.
2820	(6) To aid in the transition to full implementation of
2821	Revision 7 to Article V, the board shall issue its initial
2822	recommendations by November 1, 2003. Thereafter, the board shall
2823	issue any additional recommendations or revisions thereto by
2824	September 1 of each year.
2825	(7) In preparing budgets and entering into contractual
2826	arrangements for the procurement of state-funded due process
2827	services for fiscal year 2004-2005, the Chief Justice and the
2828	circuit Article V indigent services committees are authorized
2829	and encouraged to consider the advice and recommendations of the
2830	board.
2831	(8) The Justice Administrative Commission shall provide
2832	staff support to the board.
2833	Section 48. Effective July 1, 2004, section 29.015,
2834	Florida Statutes, is created to read:
2835	29.015 Contingency fund; limitation of authority to
2836	transfer funds in contracted due process services appropriation
2837	categories.--
2838	(1) An appropriation may be provided in the General
2839	Appropriations Act in the Justice Administrative Commission to
2840	serve as a contingency fund for the purpose of alleviating
2841	deficits in contracted due process services appropriation
2842	categories, including private court-appointed counsel
2843	appropriation categories, that may occur from time to time due
2844	to extraordinary events that lead to unexpected expenditures.
2845	(2) In the event that a state attorney or public defender
2846	incurs a deficit in a contracted due process services
2847	appropriation category, the following steps shall be taken in
2848	order:
2849	(a) The state attorney or public defender shall first
2850	attempt to identify surplus funds from other appropriation
2851	categories within his or her office and submit a budget
2852	amendment pursuant to chapter 216 to transfer funds from within
2853	the office.
2854	(b) In the event that the state attorney or public
2855	defender is unable to identify surplus funds from within his or
2856	her office, he or she shall certify this to the Justice
2857	Administrative Commission along with a complete explanation of
2858	the circumstances which led to the deficit and steps the office
2859	has taken to reduce or alleviate the deficit. The Justice
2860	Administrative Commission shall inquire as to whether any other
2861	office has surplus funds in its contracted due process services
2862	appropriation categories which can be transferred to the office
2863	that is experiencing the deficit. If other offices indicate that
2864	surplus funds are available, the Justice Administrative
2865	Commission shall request a budget amendment to transfer funds
2866	from the office or offices to alleviate the deficit upon
2867	agreement of the contributing office or offices.
2868	(c) If no office indicates that surplus funds are
2869	available to alleviate the deficit, the Justice Administrative
2870	Commission may request a budget amendment to transfer funds from
2871	the contingency fund. Such transfers shall be in accordance with
2872	all applicable provisions of chapter 216 and shall be subject to
2873	review and approval by the Legislative Budget Commission. The
2874	Justice Administrative Commission shall submit the documentation
2875	provided by the office explaining the circumstances that led to
2876	the deficit and the steps taken by the office and the Justice
2877	Administrative Commission to identify surplus funds to the
2878	Legislative Budget Commission.
2879	(3) In the event that there is a deficit in a statewide
2880	contracted due process services appropriation category provided
2881	for private court-appointed counsel necessary due to withdrawal
2882	of the public defender due to an ethical conflict, the following
2883	steps shall be taken in order:
2884	(a) The Justice Administrative Commission shall first
2885	attempt to identify surplus funds from other contracted due
2886	process services appropriation categories within the Justice
2887	Administrative Commission and submit a budget amendment pursuant
2888	to chapter 216 to transfer funds from within the commission.
2889	(b) In the event that the Justice Administrative
2890	Commission is unable to identify surplus funds from within the
2891	commission, the commission shall inquire of each of the public
2892	defenders as to whether any office has surplus funds in its
2893	contracted due process services appropriations categories which
2894	can be transferred. If any public defender office or offices
2895	indicate that surplus funds are available, the Justice
2896	Administrative Commission shall request a budget amendment to
2897	transfer funds from the office or offices to alleviate the
2898	deficit upon agreement of the contributing office or offices.
2899	(c) If no public defender office has surplus funds
2900	available to alleviate the deficit, the Justice Administrative
2901	commission may request a budget amendment to transfer funds from
2902	the contingency fund. Such transfers shall be in accordance with
2903	all applicable provisions of chapter 216 and shall be subject to
2904	review and approval by the Legislative Budget Commission. The
2905	Justice Administrative Commission shall submit the documentation
2906	provided by the office explaining the circumstances that led to
2907	the deficit and the steps taken by the Justice Administrative
2908	Commission to identify surplus funds to the Legislative Budget
2909	Commission.
2910	(4) In the event that there is a deficit in a statewide
2911	appropriation category provided for private court-appointed
2912	counsel other than for conflict counsel as described in
2913	subsection (3), the following steps shall be taken in order:
2914	(a) The Justice Administrative Commission shall first
2915	attempt to identify surplus funds from other contracted due
2916	process services appropriation categories within the Justice
2917	Administrative Commission and submit a budget amendment pursuant
2918	to chapter 216 to transfer funds from within the commission.
2919	(b) In the event that the Justice Administrative
2920	Commission is unable to identify surplus funds from within the
2921	commission, the commission may submit a budget amendment to
2922	transfer funds from the contingency fund. Such transfers shall
2923	be in accordance with all applicable provisions of chapter 216
2924	and shall be subject to review and approval by the Legislative
2925	Budget Commission. The Justice Administrative Commission shall
2926	submit documentation explaining the circumstances that led to
2927	the deficit and the steps taken to identify surplus funds to the
2928	Legislative Budget Commission.
2929	(5) Notwithstanding any provisions in chapter 216 to the
2930	contrary, no office shall transfer funds from a contracted due
2931	process services appropriation category or from a contingency
2932	fund category authorized in this section except as specifically
2933	authorized in this section. In addition, funds shall not be
2934	transferred from a state attorney office to alleviate a deficit
2935	in a public defender office and funds shall not be transferred
2936	from a public defender office to alleviate a deficit in a state
2937	attorney office.
2938	Section 49. Effective July 1, 2004, section 29.016,
2939	Florida Statutes, is created to read:
2940	29.016 Contingency fund; judicial branch.--
2941	(1) An appropriation may be provided in the General
2942	Appropriations Act for the judicial branch to serve as a
2943	contingency fund to alleviate deficits in contracted due process
2944	services appropriation categories, including private court-
2945	appointed counsel categories, that may occur from time to time
2946	due to extraordinary events that lead to unexpected
2947	expenditures.
2948	(2) In the event that a chief judge incurs such a deficit,
2949	the following steps shall be taken in order:
2950	(a) The chief judge shall attempt to identify surplus
2951	funds from other appropriation categories within his or her
2952	circuit and submit a request to the Chief Justice for a budget
2953	amendment pursuant to chapter 216 to transfer funds from within
2954	the circuit budget.
2955	(b) In the event that the chief judge is unable to
2956	identify surplus funds from within his or her circuit, he or she
2957	shall certify this to the Office of the State Courts
2958	Administrator along with a complete explanation of the
2959	circumstances which led to the deficit and steps taken to reduce
2960	or alleviate the deficit. The Office of the State Courts
2961	Administrator shall inquire as to whether any other circuit has
2962	surplus funds in its contracted due process service
2963	appropriation categories which can be transferred to the circuit
2964	that is experiencing the deficit. If other circuits indicate
2965	that surplus funds are available, the Office of the State Courts
2966	Administrator shall notify the Trial Court Budget Commission
2967	established within the judicial branch by Rule of Judicial
2968	Administration. The Trial Court Budget Commission shall make
2969	recommendations to the Chief Justice to alleviate the deficit.
2970	The Chief Justice may authorize a transfer of funds among
2971	circuits to alleviate the deficit.
2972	(3) If no other circuits indicate that surplus funds are
2973	available to alleviate the deficit, the Trial Court Budget
2974	Commission may request the Chief Justice to request a budget
2975	amendment to transfer funds from the contingency fund. Such
2976	transfers shall be requested subject to the notice and review
2977	requirements set forth in s. 216.177. The Office of the State
2978	Courts Administrator shall include in the budget amendment
2979	documentation provided by the chief judge explaining the
2980	circumstances that led to the deficit and the steps taken to
2981	identify surplus funds to alleviate the deficit.
2982	(4) Notwithstanding any provisions in chapter 216 to the
2983	contrary, no circuit shall transfer funds from a contracted due
2984	process services appropriation category or from a contingency
2985	fund category authorized in this section except as specifically
2986	authorized in this section.
2987	Section 50. Effective July 1, 2004, subsection (2) of
2988	section 34.032, Florida Statutes, is amended to read:
2989	34.032 Power of clerk to appoint deputies.--
2990	(2) Any deputy county court clerk appointed for the sole
2991	purpose of issuing arrest warrants for violation of chapter 316
2992	or county or municipal ordinances triable in the county courts
2993	shall have and exercise only those powers of the clerk which are
2994	required to achieve such limited purpose, and those arrest
2995	warrants issued for violation of county or municipal ordinances
2996	shall be funded by the county or municipality which approved the
2997	ordinance.
2998	Section 51. Effective July 1, 2004, section 34.041,
2999	Florida Statutes, is amended to read:
3000	34.041 Filing feesService charges and costs.--
3001	(1) Upon the institution of any civil action or proceeding
3002	in county court, the clerk of court may requirethe plaintiff,
3003	when filing an action or proceeding, toshall pay the following
3004	filing fee, not to exceedservice charges:
3005	(a) For all claims less than $100..............$50.$10.00.
3006	(b) For all claims of $100 or more but not more than $500
3007	$2,500................................................$75.25.00.
3008	(c) For all claims of $500 or more but not more than
3009	$2,500.....................................................$150.
3010	(d)(c) For all claims of more than $2,500......$250.40.00.
3011	(e)(d)In addition, for all proceedings of garnishment,
3012	attachment, replevin, and distress....................$75.35.00.
3013	(f)(e) For removal of tenant action.............$75.35.00.
3014
3015	The first $50 of the filing fee collected under paragraph (d)
3016	shall be remitted to the Department of Revenue for deposit into
3017	the General Revenue Fund. One-third of any filing fees collected
3018	by the clerk under paragraph (d) in excess of the first $50
3019	shall be remitted to the Department of Revenue for deposit into
3020	the Department of Revenue Clerks of the Court Trust Fund.Postal
3021	charges incurred by the clerk of the county court in making
3022	service by mail on defendants or other parties shall be paid by
3023	the party at whose instance service is made. Except as provided
3024	herein, filing fees andservice charges for performing duties of
3025	the clerk relating to the county court shall be as provided in
3026	ss. 28.24 and 28.241. Service charges in excess of those herein
3027	fixed may be imposed by the governing authority of the county by
3028	ordinance or by special or local law, and such excess shall be
3029	expended as provided by such ordinance or any special or local
3030	law now or hereafter in force to provide and maintain
3031	facilities, including a law library, for the use of the county
3032	court in the county in which the charge is collected; to provide
3033	and maintain equipment; or for a legal aid program.Except as
3034	otherwise provided herein,all filing fees shall be retained as
3035	fee income of the office of the clerk of circuit court. Filing
3036	feesService chargesimposed by this section may not be added to
3037	any penalty imposed by chapter 316 or chapter 318. The sum of
3038	all service charges and fees permitted under this subsection may
3039	not exceed $200.
3040	(2) The judge shall have full discretionary power to waive
3041	the prepayment of costs or the payment of costs accruing during
3042	the action upon the sworn written statement of the plaintiff and
3043	upon other satisfactory evidence of the plaintiff's inability to
3044	pay such costs. When costs are so waived, the notation to be
3045	made on the records shall be "Prepayment of costs waived," or
3046	"Costs waived." The term "pauper" or "in forma pauperis" shall
3047	not be employed.If a party shall fail to pay accrued costs,
3048	though able to do so, the judge shall have power to deny that
3049	party the right to file any new case while such costs remain
3050	unpaid and, likewise, to deny such litigant the right to proceed
3051	further in any case pending. The award of other court costs
3052	shall be according to the discretion of the judge who may
3053	include therein the reasonable costs of bonds and undertakings
3054	and other reasonable court costs incident to the suit incurred
3055	by either party.
3056	(3) In criminal proceedings in county courts, costs shall
3057	be taxed against a person in county court upon conviction or
3058	estreature pursuant to chapter 939. The provisions of s.
3059	28.241(2) shall not apply to criminal proceedings in county
3060	court.
3061	(4) Upon the institution of any appellate proceeding from
3062	the county court to the circuit court, there shall be charged
3063	and collected from the party or parties instituting such
3064	appellate proceedings, including appeals filed by a county or
3065	municipality, filing feesa service chargeas provided in
3066	chapter 28.
3067	(5) A charge or a fee may not be imposed upon a party for
3068	responding by pleading, motion, or other paper to a civil or
3069	criminal action, suit, or proceeding in a county court or to an
3070	appeal to the circuit court.
3071	(6) For purposes of this section, "plaintiff" includes a
3072	county or municipality filing any civil action.
3073	(6) In addition to the filing fees provided in subsection
3074	(1), in all civil cases, the sum of $7.00 per case shall be paid
3075	by the plaintiff when filing an action for the purpose of
3076	funding the court costs. Such funds shall be remitted by the
3077	clerk to the Department of Revenue for deposit to the General
3078	Revenue Fund.
3079	Section 52. Subsection (6) of section 34.13, Florida
3080	Statutes, is amended to read:
3081	34.13 Method of prosecution.--
3082	(6) Any circuit court clerk acting as clerk of the county
3083	court, or any deputy county court clerk appointed for the sole
3084	purpose of issuing arrest warrants, or any county court clerk,
3085	may, at municipal expense,administer an oath to and take
3086	affidavit of any person charging another person with a violation
3087	of a municipal ordinance and may issue a warrant on the usual
3088	form, making it returnable to the appropriate county court
3089	judge. The authority granted to a clerk or deputy clerk under
3090	this section shall be subordinate to that of any state judge.
3091	Section 53. Effective July 1, 2004, section 34.171,
3092	Florida Statutes, is amended to read:
3093	34.171 Salaries and expenses.--Unless the state shall pay
3094	such expenses,The county shall pay all reasonable salaries of
3095	bailiffs, secretaries, and assistants of the circuit and county
3096	courts and all reasonable expenses of the offices of circuit and
3097	county court judges.
3098	Section 54. Effective July 1, 2004, subsection (2) of
3099	section 34.181, Florida Statutes, is amended to read:
3100	34.181 Branch courts.--
3101	(2) Any municipality or county which so applies shall be
3102	required to provide the appropriate physical facilities as
3103	defined in s. 29.008in which the county court may hold court.
3104	Section 55. Effective July 1, 2004, section 34.191,
3105	Florida Statutes, is amended to read:
3106	34.191 Fines and, forfeitures, and costs.--
3107	(1)All fines and forfeitures arising from offenses tried
3108	in the county court shall be collected and accounted for by the
3109	clerk of the court and deposited in a special trust account. All
3110	fines and forfeitures received from violations of ordinances or
3111	misdemeanors committed within a county, or ofmunicipal
3112	ordinances committed within a municipality within the
3113	territorial jurisdiction of the county court,shall be paid
3114	monthly to the county or municipality respectivelyexcept as
3115	provided in s. 318.21 or s. 943.25. All other fines and
3116	forfeitures collected by the clerk shall be considered income of
3117	the office of the clerk for use in performing court-related
3118	duties of the office.
3119	(2) All court costs assessed in county court must be paid
3120	to and retained by the county, except as provided in s. 943.25
3121	and subsection (3) of this section.
3122	(3) If a municipality incurs any cost of operation of the
3123	county court, including any cost of prosecution, it may apply to
3124	the chief judge of the circuit for an order directing the county
3125	to distribute reasonable court costs to the municipality. If not
3126	satisfied with the order of the chief judge, the municipality
3127	may apply to the Supreme Court for an order apportioning the
3128	costs.
3129	(4) The board of county commissioners may assign the
3130	collection of fines, court costs, and other costs imposed by the
3131	court that are past due for 90 days or more to a private
3132	attorney or collection agency that is licensed or registered in
3133	this state, if the board of county commissioners determines that
3134	the assignment is cost-effective and follows established bid
3135	practices. The board of county commissioners may authorize a fee
3136	to be added to the outstanding balance to offset any collection
3137	costs that will be incurred.
3138	Section 56. Effective July 1, 2004, section 39.0134,
3139	Florida Statutes, is amended to read:
3140	39.0134 Appointed counsel; compensation.--
3141	(1)If counsel is entitled to receive compensation for
3142	representation pursuant to a court appointment in a dependency
3143	proceeding pursuant to this chapter, such compensation shall be
3144	paid in accordance with s. 27.5304established by each county.
3145	The statecountymay acquire and enforce a lien upon court-
3146	ordered payment of attorney's fees and costs in accordance with
3147	s. 984.08.
3148	(2) If counsel is entitled to receive compensation for
3149	representation pursuant to court appointment in a termination of
3150	parental rights proceeding, such compensation shall not exceed
3151	$1,000 at the trial level and $2,500 at the appellate level.
3152	Section 57. Subsection (3) of section 39.4075, Florida
3153	Statutes, is amended to read:
3154	39.4075 Referral of a dependency case to mediation.--
3155	(3) The department shall advise the parties that they are
3156	responsible for contributing to the cost of the dependency
3157	mediation to the extent of their ability to pay.
3158	Section 58. Effective July 1, 2004, subsection (1) of
3159	section 39.815, Florida Statutes, is amended to read:
3160	39.815 Appeal.--
3161	(1) Any child, any parent or guardian ad litem of any
3162	child, any other party to the proceeding who is affected by an
3163	order of the court, or the department may appeal to the
3164	appropriate district court of appeal within the time and in the
3165	manner prescribed by the Florida Rules of Appellate Procedure.
3166	The district court of appeal shall give an appeal from an order
3167	terminating parental rights priority in docketing and shall
3168	render a decision on the appeal as expeditiously as possible.
3169	Appointed counsel shall be compensated as provided in s.
3170	27.5304(5)39.0134.
3171	Section 59. Effective July 1, 2004, section 40.001,
3172	Florida Statutes, is created to read:
3173	40.001 Chief judge; authority; duties.--The chief judge of
3174	each judicial circuit is vested with overall authority and
3175	responsibility for the management, operation, and oversight of
3176	the jury system within his or her circuit. However, in
3177	accordance with this chapter and chapter 905, the clerk of the
3178	circuit court has specific responsibilities regarding the
3179	processing of jurors, including, but not limited to,
3180	qualifications, summons, selection lists, reporting, and
3181	compensation of jurors. The clerk of the circuit court may
3182	contract with the chief judge for the court's assistance in the
3183	provision of services to process jurors. The chief judge may
3184	also designate to the clerk of the circuit court additional
3185	duties consistent with established uniform standards of jury
3186	management practices that the Supreme Court may adopt by rule or
3187	issue through administrative order.
3188	Section 60. Effective July 1, 2004, subsection (3) of
3189	section 40.02, Florida Statutes, is amended to read:
3190	40.02 Selection of jury lists.--
3191	(3) The clerk of the court shallchief judge may designate
3192	the court administrator toperform the duties set forth in this
3193	section and in ss. 40.221, 40.23, and 40.231 in counties having
3194	an approved, computerized jury selection system, the provisions
3195	of any special law or general law of local application to the
3196	contrary notwithstanding. However, the chief judge may designate
3197	the court administrator to perform these duties if the county
3198	provides funding to the court administrator to provide the
3199	personnel and other costs associated with jury services.
3200	Section 61. Effective July 1, 2004, subsection (1) of
3201	section 40.29, Florida Statutes, is amended to read:
3202	40.29 Clerks to make estimates and requisitions for
3203	certain due process costsestimate amount for pay of jurors and
3204	witnesses and make requisition.--
3205	(1) The clerk of the court in and for any county shall
3206	make an estimate of the amount necessary during any quarterly
3207	fiscal period beginning July 1 and during each succeeding
3208	quarterly fiscal period for the payment by the state of juror
3209	compensation and expenses; court reporter, interpreter, and
3210	translator services; witnesses, including expert witnesses;
3211	mental health professionals; and private court-appointed
3212	counsel, each in accordance with the applicable requirements of
3213	ss. 29.005, 29.006, and 29.007. The clerk of such court:
3214	(a) Jurors in the circuit court and the county court;
3215	(b) Witnesses before the grand jury;
3216	(c) Witnesses summoned to appear for an investigation,
3217	preliminary hearing, or trial in a criminal case when the
3218	witnesses are summoned by a state attorney or on behalf of an
3219	indigent defendant;
3220	(d) Mental health professionals who are appointed pursuant
3221	to s. 394.473 and required in a court hearing involving an
3222	indigent; and
3223	(e) Expert witnesses who are appointed pursuant to s.
3224	916.115(2) and required in a court hearing involving an
3225	indigent;
3226
3227	and shall forward each such estimate to the Justice
3228	Administrative CommissionState Courts Administratorno later
3229	than the date scheduled by the Justice Administrative Commission
3230	State Courts Administrator. At the time of any forwarding of
3231	such estimate, the clerk of such court shall make a requisition
3232	upon the Justice Administrative CommissionState Courts
3233	Administrator for the amount of such estimate; and the Justice
3234	Administrative CommissionState Courts Administratormay reduce
3235	the amount upon finding that the costs are unreasonable,
3236	inconsistent with applicable contractual terms, or inconsistent
3237	with compensation standards established by general lawif in his
3238	or her judgment the requisition is excessive.
3239	Section 62. Effective July 1, 2004, section 40.30, Florida
3240	Statutes, is amended to read:
3241	40.30 Requisition endorsed by Justice Administrative
3242	CommissionState Courts Administratoror designee.--Upon receipt
3243	of such estimate and the requisition from the clerk of the court
3244	pursuant to s. 40.29, the Justice Administrative Commission
3245	State Courts Administrator or designee shall endorse the amount
3246	deemedthat he or she may deem necessary for payment to the
3247	statethe pay of jurors and witnessesduring the quarterly
3248	fiscal period and shall submit a request for payment to the
3249	Chief Financial OfficerComptroller.
3250	Section 63. Subsections (1) and (5) of section 43.16,
3251	Florida Statutes, are amended to read:
3252	43.16 Justice Administrative Commission; membership,
3253	powers and duties.--
3254	(1) There is hereby created a Justice Administrative
3255	Commission of the Judicial Branch of Florida, with headquarters
3256	located in the state capital. The necessary office space for use
3257	of the commission shall be furnished by the proper state agency
3258	in charge of state buildings.
3259	(5) The duties of the commission shall include, but not be
3260	limited to, the following:
3261	(a) The maintenance of a central state office for
3262	administrative services and assistance when possible to and on
3263	behalf of the state attorneys and public defenders of Florida,
3264	the office of capital collateral representative of Florida, and
3265	the Judicial Qualifications Commission.
3266	(b) Each state attorney and public defender and the
3267	Judicial Qualifications Commission shall continue to prepare
3268	necessary budgets, vouchers which represent valid claims for
3269	reimbursement by the state for authorized expenses, and other
3270	things incidental to the proper administrative operation of the
3271	office, such as revenue transmittals to the Chief Financial
3272	Officer andtreasurer, automated systems plans, etc.,but will
3273	forward same to the commission for recording and submission to
3274	the proper state officer. However, when requested by a state
3275	attorney or a public defender or the Judicial Qualifications
3276	Commission, the commission will either assist in the preparation
3277	of budget requests, voucher schedules, and other forms and
3278	reports or accomplish the entire project involved.
3279	Section 64. Section 43.26, Florida Statutes, is amended to
3280	read:
3281	43.26 ChiefPresidingjudge of circuit; selection;
3282	powers.--
3283	(1) The chiefpresidingjudge of each judicial circuit,
3284	who shall be a circuit judge, shall exercise administrative
3285	supervision over all the trial courts within the judicial
3286	circuit and over the judges and other officers of such courts.
3287	(2) The chiefpresidingjudge of the circuit shall have
3288	the power:
3289	(a) To assign judges to any division of the courtthe
3290	trial of civil or criminal cases, to preliminary hearings, or to
3291	divisionsand to determine the length of the assignment;
3292	(b) To assign clerks and bailiffs;
3293	(b)(c)To regulate use of courtrooms;
3294	(c)(d)To supervise dockets and calendars;
3295	(d)(e) To require attendance of state attorneys,
3296	prosecutors and public defenders, clerks, bailiffs, and all
3297	other officers of the court; and
3298	(e)(f)To do everything necessary to promote the prompt
3299	and efficient administration of justice in the courts over which
3300	he or she is chief judgepresides.
3301	(f) To delegate to the trial court administrator, by
3302	administrative order, the authority to bind the circuit in
3303	contract.
3304	(g) To manage, operate, and oversee the jury system as
3305	provided in s. 40.001.
3306	(3) The chiefpresidingjudge shall be responsible to the
3307	Chief Justice of the Supreme Court for such information as may
3308	be required by the Chief Justice, including, but not limited to,
3309	caseload, status of dockets, and disposition of cases in the
3310	courts over which he or she presides.
3311	(4) The presiding judge of the circuit shall be selected
3312	by a majority of the judges subject to this section in that
3313	circuit for a term of 2 years. The presiding judge may succeed
3314	himself or herself for successive terms.
3315	(4)(5)Failure of any judge, clerk, prosecutor, public
3316	defender, or other officer of the court to comply with an order
3317	or directive of the chiefpresidingjudge under this section
3318	shall constitute neglect of duty for which such officer may be
3319	suspended from office as provided by law.
3320	(5)(6) There may be a trial court administratoran
3321	executive assistant to the presiding judgewho shall perform
3322	such duties as the chiefpresidingjudge may direct.
3323	Section 65. Effective July 1, 2004, section 44.108,
3324	Florida Statutes, is amended to read:
3325	44.108 Funding of mediation and arbitration.--Mediation
3326	should be accessible to all parties regardless of financial
3327	status. A filing fee of $1 is levied on all proceedings in the
3328	circuit or county courts to fund mediation and arbitration
3329	services which are the responsibility of the Supreme Court
3330	pursuant to the provisions of s. 44.106. The clerk of the court
3331	shall forward the monies collected to the Department of Revenue
3332	for deposit in the state courts' Mediation and Arbitration Trust
3333	Fund.Each board of county commissioners may support mediation
3334	and arbitration services by appropriating moneys from county
3335	revenues and by:
3336	(1) Levying, in addition to other service charges levied
3337	by law, a service charge of no more than $5 on any circuit court
3338	proceeding, which shall be deposited in the court's mediation-
3339	arbitration account fund under the supervision of the chief
3340	judge of the circuit in which the county is located; and
3341	(2) Levying, in addition to other service charges levied
3342	by law, a service charge of no more than $5 on any county court
3343	proceeding, which shall be deposited in the county's mediation-
3344	arbitration account fund to be used to fund county civil
3345	mediation services under the supervision of the chief judge of
3346	the circuit in which the county is located.
3347	(3) Levying, in addition to other service charges levied
3348	by law, a service charge of no more than $45 on any petition for
3349	a modification of a final judgment of dissolution, which shall
3350	be deposited in the court's family mediation account fund to be
3351	used to fund family mediation services under the supervision of
3352	the chief judge of the circuit in which the county is located.
3353	(4) If a board of county commissioners levies the service
3354	charge authorized in subsection (1), subsection (2), or
3355	subsection (3), the clerk of the court shall forward $1 of each
3356	charge to the Department of Revenue for deposit in the state
3357	mediation and arbitration trust fund which is hereby
3358	established. Such fund shall be used by the Supreme Court to
3359	carry out its responsibilities set forth in s. 44.106.
3360	Section 66. Paragraph (b) of subsection (1) of section
3361	49.10, Florida Statutes, is amended to read:
3362	49.10 Notice of action, publication, proof.--
3363	(1)
3364	(b) In proceedings described in s. 49.011(4), (10), and
3365	(11), except in those counties where, pursuant to s. 50.071(3),
3366	notices are by law required to be published by designated record
3367	newspaper,the clerk of the court shall post notices of action
3368	in the manner prescribed by s. 49.11 when such notices are
3369	required of persons authorized to proceed as indigentinsolvent
3370	and poverty-stricken personsunder s. 57.081.
3371	Section 67. Effective July 1, 2004, subsection (5) of
3372	section 55.10, Florida Statutes, is amended to read:
3373	55.10 Judgments, orders, and decrees; lien of all,
3374	generally; extension of liens; transfer of liens to other
3375	security.--
3376	(5) Any lien claimed under this section may be
3377	transferred, by any person having an interest in the real
3378	property upon which the lien is imposed or the contract under
3379	which the lien is claimed, from such real property to other
3380	security by either depositing in the clerk's office a sum of
3381	money or filing in the clerk's office a bond executed as surety
3382	by a surety insurer licensed to do business in this state. Such
3383	deposit or bond shall be in an amount equal to the amount
3384	demanded in such claim of lien plus interest thereon at the
3385	legal rate for 3 years plus $500 to apply on any court costs
3386	which may be taxed in any proceeding to enforce said lien. Such
3387	deposit or bond shall be conditioned to pay any judgment, order,
3388	or decree which may be rendered for the satisfaction of the lien
3389	for which such claim of lien was recorded and costs plus $500
3390	for court costs. Upon such deposit being made or such bond being
3391	filed, the clerk shall make and record a certificate showing the
3392	transfer of the lien from the real property to the security and
3393	mail a copy thereof by registered or certified mail to the
3394	lienor named in the claim of lien so transferred, at the address
3395	stated therein. Upon the filing of the certificate of transfer,
3396	the real property shall thereupon be released from the lien
3397	claimed, and such lien shall be transferred to said security.
3398	The clerk shall be entitled to a fee of up to $15$10for making
3399	and serving the certificate. If the transaction involves the
3400	transfer of multiple liens, an additional charge of up to $7.50
3401	$5for each additional lien shall be charged. Any number of
3402	liens may be transferred to one such security.
3403	Section 68. Effective July 1, 2004, subsection (2) of
3404	section 55.141, Florida Statutes, is amended to read:
3405	55.141 Satisfaction of judgments and decrees; duties of
3406	clerk and judge.--
3407	(2) Upon such payment, the clerk, or the judge if there is
3408	no clerk, shall issue his or her receipt therefor and shall
3409	record a satisfaction of judgment, provided by the judgment
3410	holder, upon payment of the recording charge prescribed in s.
3411	28.24(12)(15)plus the necessary costs of mailing to the clerk
3412	or judge. The clerk or judge shall formally notify the owner of
3413	record of such judgment or decree, if such person and his or her
3414	address are known to the clerk or judge receiving such payment,
3415	and, upon request therefor, shall pay over to the person
3416	entitled, or to his or her order, the full amount of the payment
3417	so received, less his or her fees for issuing execution on such
3418	judgment or decree, if any has been issued, and less his or her
3419	fees for receiving into and paying out of the registry of the
3420	court such payment, together with the fees of the clerk for
3421	receiving into and paying such money out of the registry of the
3422	court.
3423	Section 69. Effective July 1, 2004, subsection (3) of
3424	section 55.505, Florida Statutes, is amended to read:
3425	55.505 Notice of recording; prerequisite to enforcement.--
3426	(3) No execution or other process for enforcement of a
3427	foreign judgment recorded hereunder shall issue until 30 days
3428	after the mailing of notice by the clerk and payment of a
3429	service charge of up to $37.50$25to the clerk. When an action
3430	authorized in s. 55.509(1) is filed, it acts as an automatic
3431	stay of the effect of this section.
3432	Section 70. Effective July 1, 2004, subsection (1) of
3433	section 57.081, Florida Statutes, is amended to read:
3434	57.081 Costs; right to proceed where prepayment of costs
3435	waived.--
3436	(1) Any indigent person, except a prisoner as defined in
3437	s. 57.085, who is a party or intervenor in any judicial or
3438	administrative agency proceeding or who initiates such
3439	proceeding shall receive the services of the courts, sheriffs,
3440	and clerks, with respect to such proceedings, despite his or her
3441	present inability to pay for these serviceswithout charge. Such
3442	services are limited to filing fees; service of process;
3443	certified copies of orders or final judgments; a single
3444	photocopy of any court pleading, record, or instrument filed
3445	with the clerk; examining fees; mediation services and fees;
3446	privatecourt-appointed counsel fees; subpoena fees and
3447	services; service charges for collecting and disbursing funds;
3448	and any other cost or service arising out of pending litigation.
3449	In any appeal from an administrative agency decision, for which
3450	the clerk is responsible for preparing the transcript, the clerk
3451	shall recordwaivethe cost of preparing the transcripts and the
3452	cost for copies of any exhibits in the record. Prepayment of
3453	costs to any court, clerk, or sheriff is not required in any
3454	action if the party has obtained from theclerkin each
3455	proceeding a certification of indigence in accordance with s.
3456	27.52indigency, based on an affidavit of the applicant claiming
3457	that the applicant is indigent and unable to pay the charges
3458	otherwise payable by law to any of such officers, providing the
3459	details of the applicant's financial condition, and containing a
3460	statement that certifies that no person has been paid or
3461	promised any payment of any remuneration by the applicant for
3462	services performed on behalf of the applicant in connection with
3463	the action or proceeding. However, when the person is
3464	represented by an attorney, the person need not file an
3465	affidavit in order to be exempt from payment of charges under
3466	this subsection. A represented person is exempt from charges
3467	under this subsection if the attorney of such person files a
3468	written certificate, signed by the attorney, certifying that the
3469	attorney has made an investigation to ascertain the financial
3470	condition of the client and has found the client to be indigent;
3471	that the attorney has investigated the nature of the applicant's
3472	position and in the attorney's opinion it is meritorious as a
3473	matter of law; and that the attorney has not been paid or
3474	promised payment of any remuneration for services and intends to
3475	act as attorney for the applicant without compensation. On the
3476	failure or refusal of the clerk to issue a certificate of
3477	indigency, the applicant is entitled to a review of the
3478	application for the certificate by the court having jurisdiction
3479	of the cause of action.
3480	Section 71. Effective July 1, 2004, subsections (2), (3),
3481	(4), (5), and (8) of section 57.085, Florida Statutes, are
3482	amended to read:
3483	57.085 Waiver of prepayment of court costs and fees for
3484	indigent prisoners.--
3485	(2) When a prisoner who is intervening in or initiating a
3486	judicial proceeding seeks to defer thewaiver ofprepayment of
3487	court costs and fees because of indigenceindigency, the
3488	prisoner must file an affidavit of indigenceindigencywith the
3489	appropriate clerk of the court. The affidavit must contain
3490	complete information about the prisoner's identity; the nature
3491	and amount of the prisoner's income; all real property owned by
3492	the prisoner; all tangible and intangible property worth more
3493	than $100 which is owned by the prisoner; the amount of cash
3494	held by the prisoner; the balance of any checking, savings, or
3495	money market account held by the prisoner; the prisoner's
3496	dependents, including their names and ages; the prisoner's
3497	debts, including the name of each debtor and the amount owed to
3498	each debtor; and the prisoner's monthly expenses. The prisoner
3499	must certify in the affidavit whether the prisoner has been
3500	adjudicated indigent under this section, certified indigent
3501	under s. 57.081, or authorized to proceed as an indigent under
3502	28 U.S.C. s. 1915 by a federal court. The prisoner must attach
3503	to the affidavit a photocopy of the prisoner's trust account
3504	records for the preceding 6 months or for the length of the
3505	prisoner's incarceration, whichever period is shorter. The
3506	affidavit must contain the following statements: "I am unable to
3507	pay court costs and fees. Under penalty of perjury, I swear or
3508	affirm that all statements in this affidavit are true and
3509	complete."
3510	(3) Before a prisoner may receive a deferralwaiverof
3511	prepayment of any court costs and fees for an action brought
3512	under this section, the clerk of court must review the affidavit
3513	of indigency and certifyadjudicate the prisoner isindigent.
3514	(4) When the clerk has issued a certificate of indigence
3515	under this sectiona court adjudicates a prisoner indigentbut
3516	concludes, from the affidavit of indigency or other information,
3517	thatthe prisoner is able to pay part of the court costs and
3518	fees required by law, the court shall order the prisoner to
3519	make, prior to service of process, an initial partial payment of
3520	those court costs and fees. The initial partial payment must
3521	total at least 20 percent of the average monthly balance of the
3522	prisoner's trust account for the preceding 6 months or for the
3523	length of the prisoner's incarceration, whichever period is
3524	shorter.
3525	(5) When the clerk has issued a certificate of indigencea
3526	court adjudicates a prisoner indigentunder this section, the
3527	court shall order the prisoner to make monthly payments of no
3528	less than 20 percent of the balance of the prisoner's trust
3529	account as payment of court costs and fees. When a court orders
3530	such payment, the Department of Corrections or the local
3531	detention facility shall place a lien on the inmate's trust
3532	account for the full amount of the court costs and fees, and
3533	shall withdraw money maintained in that trust account and
3534	forward the money, when the balance exceeds $10, to the
3535	appropriate clerk of the court until the prisoner's court costs
3536	and fees are paid in full.
3537	(8) In any judicial proceeding in which a certificate of
3538	indigence has been issued to a prisoner has been adjudicated
3539	indigent and has been granted a full or partial waiver of court
3540	costs and fees, the court may at any time dismiss the prisoner's
3541	action, in whole or in part, upon a finding that:
3542	(a) The prisoner's claim of indigenceindigencyis false
3543	or misleading;
3544	(b) The prisoner provided false or misleading information
3545	regarding another judicial or administrative proceeding in which
3546	the prisoner was a party;
3547	(c) The prisoner failed to pay court costs and fees
3548	assessedunder this section despite having the ability to pay;
3549	or
3550	(d) The prisoner's action or a portion of the action is
3551	frivolous or malicious.
3552	Section 72. Effective July 1, 2004, paragraphs (d), (e),
3553	and (f) of subsection (6) of section 61.14, Florida Statutes,
3554	are amended to read:
3555	61.14 Enforcement and modification of support,
3556	maintenance, or alimony agreements or orders.--
3557	(6)
3558	(d) The court shall hear the obligor's motion to contest
3559	the impending judgment within 15 days after the date of the
3560	filing of the motion. Upon the court's denial of the obligor's
3561	motion, the amount of the delinquency and all other amounts
3562	which thereafter become due, together with costs and a fee of up
3563	to $7.50$5, become a final judgment by operation of law against
3564	the obligor. The depository shall charge interest at the rate
3565	established in s. 55.03 on all judgments for support.
3566	(e) If the obligor fails to file a motion to contest the
3567	impending judgment within the time limit prescribed in paragraph
3568	(c) and fails to pay the amount of the delinquency and all other
3569	amounts which thereafter become due, together with costs and a
3570	fee of up to $7.50$5, such amounts become a final judgment by
3571	operation of law against the obligor at the expiration of the
3572	time for filing a motion to contest the impending judgment.
3573	(f)1. Upon request of any person, the local depository
3574	shall issue, upon payment of a fee of up to $7.50$5, a payoff
3575	statement of the total amount due under the judgment at the time
3576	of the request. The statement may be relied upon by the person
3577	for up to 30 days from the time it is issued unless proof of
3578	satisfaction of the judgment is provided.
3579	2. When the depository records show that the obligor's
3580	account is current, the depository shall record a satisfaction
3581	of the judgment upon request of any interested person and upon
3582	receipt of the appropriate recording fee. Any person shall be
3583	entitled to rely upon the recording of the satisfaction.
3584	3. The local depository, at the direction of the
3585	department, or the obligee in a non-IV-D case, may partially
3586	release the judgment as to specific real property, and the
3587	depository shall record a partial release upon receipt of the
3588	appropriate recording fee.
3589	4. The local depository is not liable for errors in its
3590	recordkeeping, except when an error is a result of unlawful
3591	activity or gross negligence by the clerk or his or her
3592	employees.
3593	Section 73. Paragraph (b) of subsection (2) of section
3594	61.181, Florida Statutes, is amended to read:
3595	61.181 Depository for alimony transactions, support,
3596	maintenance, and support payments; fees.--
3597	(2)
3598	(b)1. For the period of July 1, 1992, through June 30,
3599	20042003, The fee imposed in paragraph (a) shall be increased
3600	to 4 percent of the support payments which the party is
3601	obligated to pay, except that no fee shall be more than $5.25.
3602	The fee shall be considered by the court in determining the
3603	amount of support that the obligor is, or may be, required to
3604	pay. Notwithstanding the provisions of s. 145.022, 75 percent of
3605	the additional revenues generated by this paragraph shall be
3606	remitted monthly to the Clerk of the Court Child Support
3607	Enforcement Collection System Trust Fund administered by the
3608	department as provided in subparagraph 2. These funds shall be
3609	used exclusively for the development, implementation, and
3610	operation of the Clerk of the Court Child Support Enforcement
3611	Collection System to be operated by the depositories, including
3612	the automation of civil case information necessary for the State
3613	Case Registry. The department shall contract with the Florida
3614	Association of Court Clerks and the depositories to design,
3615	establish, operate, upgrade, and maintain the automation of the
3616	depositories to include, but not be limited to, the provision of
3617	on-line electronic transfer of information to the IV-D agency as
3618	otherwise required by this chapter. The department's obligation
3619	to fund the automation of the depositories is limited to the
3620	state share of funds available in the Clerk of the Court Child
3621	Support Enforcement Collection System Trust Fund. Each
3622	depository created under this section shall fully participate in
3623	the Clerk of the Court Child Support Enforcement Collection
3624	System and transmit data in a readable format as required by the
3625	contract between the Florida Association of Court Clerks and the
3626	department.
3627	2. Moneys to be remitted to the department by the
3628	depository shall be done daily by electronic funds transfer and
3629	calculated as follows:
3630	a. For each support payment of less than $33, 18.75 cents.
3631	b. For each support payment between $33 and $140, an
3632	amount equal to 18.75 percent of the fee charged.
3633	c. For each support payment in excess of $140, 18.75
3634	cents.
3635	3. The fees established by this section shall be set forth
3636	and included in every order of support entered by a court of
3637	this state which requires payment to be made into the
3638	depository.
3639	Section 74. Subsections (2) and (6) of section 61.21,
3640	Florida Statutes, are amended to read:
3641	61.21 Parenting course authorized; fees; required
3642	attendance authorized; contempt.--
3643	(2) The Department of Children and Family ServicesAll
3644	judicial circuits in the stateshall approve a parenting course
3645	which shall be a course of a minimum of 4 hours designed to
3646	educate, train, and assist divorcing parents in regard to the
3647	consequences of divorce on parents and children.
3648	(a) The parenting course referred to in this section shall
3649	be named the Parent Education and Family Stabilization Course
3650	and may include, but need not be limited to, the following
3651	topics as they relate to court actions between parents involving
3652	custody, care, visitation, and support of a child or children:
3653	1. Legal aspects of deciding child-related issues between
3654	parents.
3655	2. Emotional aspects of separation and divorce on adults.
3656	3. Emotional aspects of separation and divorce on
3657	children.
3658	4. Family relationships and family dynamics.
3659	5. Financial responsibilities to a child or children.
3660	6. Issues regarding spousal or child abuse and neglect.
3661	7. Skill-based relationship education that may be
3662	generalized to parenting, workplace, school, neighborhood, and
3663	civic relationships.
3664	(b) Information regarding spousal and child abuse and
3665	neglect shall be included in every parent education and family
3666	stabilization course. A list of local agencies that provide
3667	assistance with such issues shall also be provided.
3668	(c) The parent education and family stabilization course
3669	shall be educational in nature and shall not be designed to
3670	provide individual mental health therapy for parents or
3671	children, or individual legal advice to parents or children.
3672	(d) Course providers shall not solicit participants from
3673	the sessions they conduct to become private clients or patients.
3674	(e) Course providers shall not give individual legal
3675	advice or mental health therapy.
3676	(6) The department shall provide each judicial circuit
3677	withmayestablish a list of approvedregistry ofcourse
3678	providers and sites at which the parent education and family
3679	stabilization course required by this section may be completed.
3680	The departmentcourt shall also include onwithin the list
3681	registryof course providers and sites at least one site in each
3682	circuit at which the parent education and family stabilization
3683	course may be completed on a sliding fee scale, if available.
3684	Section 75. Effective July 1, 2004, section 77.28, Florida
3685	Statutes, is amended to read:
3686	77.28 Garnishment; attorney's fees, costs, expenses;
3687	deposit required.--Before issuance of any writ of garnishment,
3688	the party applying for it shall deposit $100 in the registry of
3689	the court which shall be paid to the garnishee on the
3690	garnishee's demand at any time after the service of the writ for
3691	the payment or part payment of his or her attorney's fee which
3692	the garnishee expends or agrees to expend in obtaining
3693	representation in response to the writ. At the time of deposit,
3694	the clerk shall collect the statutory fee provided by s.
3695	28.24(10)(13)in addition to the $100 deposited into the
3696	registry of the court. On rendering final judgment, the court
3697	shall determine the garnishee's costs and expenses, including a
3698	reasonable attorney's fee, and in the event of a judgment in
3699	favor of the plaintiff, the amount shall be subject to offset by
3700	the garnishee against the defendant whose property or debt owing
3701	is being garnished. In addition, the court shall tax the
3702	garnishee's costs and expenses as costs. Plaintiff may recover
3703	in this manner the sum advanced by plaintiff and paid into
3704	registry of court, and if the amount allowed by the court is
3705	greater than the amount of the deposit, together with any
3706	offset, judgment for the garnishee shall be entered against the
3707	party against whom the costs are taxed for the deficiency.
3708	Section 76. Paragraph (a) of subsection (2) of section
3709	92.153, Florida Statutes, is amended to read:
3710	92.153 Production of documents by witnesses; reimbursement
3711	of costs.--
3712	(2) REIMBURSEMENT OF A DISINTERESTED WITNESS.--
3713	(a) In any proceeding, a disinterested witness shall be
3714	paid for any costs the witness reasonably incurs either directly
3715	or indirectly in producing, searching for, reproducing, or
3716	transporting documents pursuant to a summons; however, the cost
3717	of documents produced pursuant to a subpoena or records request
3718	by a state attorney or public defender may not exceed 15 cents
3719	per page and $10 per hour for research or retrieval.
3720	Section 77. Effective July 1, 2004, section 92.231,
3721	Florida Statutes, is amended to read:
3722	92.231 Expert witnesses; fee.--
3723	(1) The term "expert witness" as used herein shall apply
3724	to any witness who offers himself or herself in the trial of any
3725	civilaction as an expert witness or who is subpoenaed to
3726	testify in such capacity before a state attorney in the
3727	investigation of a criminal matter, or before a grand jury, and
3728	who is permitted by the court to qualify and testify as such,
3729	upon any matter pending before any court.
3730	(2) Any expert or skilled witness who shall have testified
3731	in any cause shall be allowed a witness fee including the cost
3732	of any exhibits used by such witness in anthe amount agreed to
3733	by the partiesof $10 per hour or such amount as the trial judge
3734	may deem reasonable, and the same shall be taxed as costs. In
3735	instances where services are provided for the state, including
3736	for state-paid private court-appointed counsel, payment from
3737	state funds shall be in accordance with standards adopted by the
3738	Legislature after receiving recommendations from the Article V
3739	Indigent Services Advisory Board.
3740	(3) In a criminal case in which the state or an indigent
3741	defendant requires the services of an expert witness whose
3742	opinion is relevant to the issues of the case, the expert
3743	witness shall be compensated in accordance with standards
3744	adopted by the Legislature after receiving recommendations from
3745	the Article V Indigent Services Advisory Board.
3746	Section 78. Section 914.09, Florida Statutes, is
3747	renumbered as section 92.233, Florida Statutes, and amended to
3748	read:
3749	92.233914.09Compensation of witness summoned in two or
3750	more criminal cases.--A witness subpoenaed in two or more
3751	criminalcases pending at the same time shall be paid one charge
3752	for per diem and mileage, but when the costs are taxed against
3753	the defendant, a witness may charge the full amount in each
3754	case.
3755	Section 79. Effective July 1, 2004, section 125.69,
3756	Florida Statutes, is amended to read:
3757	125.69 Penalties; enforcement by code inspectors.--
3758	(1) Violations of county ordinances shall be prosecuted in
3759	the same manner as misdemeanors are prosecuted. Such violations
3760	shall be prosecuted in the name of the countystatein a court
3761	having jurisdiction of misdemeanors by the prosecuting attorney
3762	thereof and upon conviction shall be punished by a fine not to
3763	exceed $500 or by imprisonment in the county jail not to exceed
3764	60 days or by both such fine and imprisonment. However, a county
3765	may specify, by ordinance, a violation of a county ordinance
3766	which is punishable by a fine in an amount exceeding $500, but
3767	not exceeding $2,000 a day, if the county must have authority to
3768	punish a violation of that ordinance by a fine in an amount
3769	greater than $500 in order for the county to carry out a
3770	federally mandated program.
3771	(2) For the purpose of prosecuting violations of special
3772	laws and county ordinances notwithstanding the prosecutorial
3773	authority of the state attorney pursuant to s. 27.02(1), the
3774	board of county commissioners of each county and the governing
3775	board of each charter county may designate as the county's
3776	prosecuting attorney an attorney employed by the county or a
3777	contract attorney. Subject to the control and oversight of the
3778	appointing authority, such attorney may employ assistants as
3779	necessary. Such person shall have all powers exercisable by the
3780	state attorney in the prosecution of violations of county
3781	ordinances under this section as of June 30, 2004. Such person
3782	shall be subject to suspension and removal by the Governor and
3783	Senate from the exercise of prosecutorial powers in the same
3784	manner as state attorneys.
3785	(3) Each county is authorized and required to pay any
3786	attorney appointed by the court to represent a defendant
3787	prosecuted under this section if the provision of an attorney at
3788	public expense is required by the Constitution of the United
3789	States or the Constitution of the State of Florida and if the
3790	party is indigent as established pursuant to s. 27.52. In such
3791	cases, the court shall appoint counsel to represent the
3792	defendant in accordance with s. 27.40, and shall order the
3793	county to pay the reasonable fees, expenses, and costs of such
3794	defense.
3795	(4) The county shall bear all court fees and costs of any
3796	prosecution under this section, and may, if it prevails, recover
3797	the court fees and costs paid by it and the fees and expenses
3798	paid to court-appointed counsel as part of its judgment. The
3799	state shall bear no expense of actions brought under this
3800	section except those that it would bear in an ordinary civil
3801	action between private parties in county court.
3802	(5)(2)The board of county commissioners of each county
3803	may designate its agents or employees as code inspectors whose
3804	duty it is to assure code compliance. Any person designated as a
3805	code inspector may issue citations for violations of county
3806	codes and ordinances, respectively, or subsequent amendments
3807	thereto, when such code inspector has actual knowledge that a
3808	violation has been committed.
3809	(a) Prior to issuing a citation, a code inspector shall
3810	provide notice to the violator that the violator has committed a
3811	violation of a code or ordinance and shall establish a
3812	reasonable time period within which the violator must correct
3813	the violation. Such time period shall be no more than 30 days.
3814	If, upon personal investigation, a code inspector finds that the
3815	violator has not corrected the violation within the time period,
3816	a code inspector may issue a citation to the violator. A code
3817	inspector does not have to provide the violator with a
3818	reasonable time period to correct the violation prior to issuing
3819	a citation and may immediately issue a citation if the code
3820	inspector has reason to believe that the violation presents a
3821	serious threat to the public health, safety, or welfare, or if
3822	the violation is irreparable or irreversible.
3823	(b) A citation issued by a code inspector shall state the
3824	date and time of issuance, name and address of the person in
3825	violation, date of the violation, section of the codes or
3826	ordinances, or subsequent amendments thereto, violated, name of
3827	the code inspector, and date and time when the violator shall
3828	appear in county court.
3829	(c) If a repeat violation is found subsequent to the
3830	issuance of a citation, the code inspector is not required to
3831	give the violator a reasonable time to correct the violation and
3832	may immediately issue a citation. For purposes of this
3833	subsection, the term "repeat violation" means a violation of a
3834	provision of a code or ordinance by a person who has previously
3835	been found to have violated the same provision within 5 years
3836	prior to the violation, notwithstanding the violations occurred
3837	at different locations.
3838	(d) If the owner of property which is subject to an
3839	enforcement proceeding before county court transfers ownership
3840	of such property between the time the initial citation or
3841	citations are issued and the date the violator has been summoned
3842	to appear in county court, such owner shall:
3843	1. Disclose, in writing, the existence and the nature of
3844	the proceeding to the prospective transferee.
3845	2. Deliver to the prospective transferee a copy of the
3846	pleadings, notices, and other materials relating to the county
3847	court proceeding received by the transferor.
3848	3. Disclose, in writing, to the prospective transferee
3849	that the new owner will be responsible for compliance with the
3850	applicable code and with orders issued in the county court
3851	proceeding.
3852	4. File a notice with the code enforcement official of the
3853	transfer of the property, with the identity and address of the
3854	new owner and copies of the disclosures made to the new owner,
3855	within 5 days after the date of the transfer.
3856
3857	A failure to make the disclosure described in subparagraphs 1.,
3858	2., and 3. before the transfer creates a rebuttable presumption
3859	of fraud. If the property is transferred before the date the
3860	violator has been summoned to appear in county court, the
3861	proceeding shall not be dismissed but the new owner will be
3862	substituted as the party of record and thereafter provided a
3863	reasonable period of time to correct the violation before the
3864	continuation of proceedings in county court.
3865	(e) If the code inspector has reason to believe a
3866	violation or the condition causing the violation presents a
3867	serious threat to the public health, safety, and welfare or if
3868	the violation is irreparable or irreversible in nature, or if
3869	after attempts under this section to bring a repeat violation
3870	into compliance with a provision of a code or ordinance prove
3871	unsuccessful, the local governing body may make all reasonable
3872	repairs which are required to bring the property into compliance
3873	and charge the owner with the reasonable cost of the repairs
3874	along with the fine imposed pursuant to this section. Making
3875	such repairs does not create a continuing obligation on the part
3876	of the local governing body to make further repairs or to
3877	maintain the property and does not create any liability against
3878	the local governing body for any damages to the property if such
3879	repairs were completed in good faith.
3880	(f) Nothing in this subsection shall be construed to
3881	authorize any person designated as a code inspector to perform
3882	any function or duties of a law enforcement officer other than
3883	as specified in this subsection. A code inspector shall not make
3884	physical arrests or take any person into custody and shall be
3885	exempt from requirements relating to the Special Risk Class of
3886	the Florida Retirement System, bonding, and the Criminal Justice
3887	Standards and Training Commission, as defined and provided by
3888	general law.
3889	(g) The provisions of this subsection shall not apply to
3890	the enforcement pursuant to ss. 553.79 and 553.80 of the Florida
3891	Building Code adopted pursuant to s. 553.73 as applied to
3892	construction, provided that a building permit is either not
3893	required or has been issued by the county.
3894	(h) The provisions of this subsection may be used by a
3895	county in lieu of the provisions of part II of chapter 162.
3896	(i) The provisions of this subsection are additional or
3897	supplemental means of enforcing county codes and ordinances.
3898	Except as provided in paragraph (h), nothing in this subsection
3899	shall prohibit a county from enforcing its codes or ordinances
3900	by any other means.
3901	Section 80. Effective July 1, 2004, section 142.01,
3902	Florida Statutes, is amended to read:
3903	142.01 Fine and forfeiture fund contents.--There shall be
3904	established by the clerk of the circuit court in eachevery
3905	county of this state a separate fund to be known as the fine and
3906	forfeiture fund for use by the clerk of the circuit court in
3907	performing court-related functions. TheSaidfund shall consist
3908	of all fines and forfeitures collected by the clerk of the court
3909	for violations ofin the county under the penal or trafficlaws
3910	of the state, except those fines imposed under s. 775.0835(1);
3911	allocations of court costs and civil penalties pursuant to ss.
3912	318.18 and 318.21;andassessments imposed under ss. 938.21,
3913	938.23, and 938.25; and all costs refunded to the county.; all
3914	funds arising from the hire or other disposition of convicts;
3915	and the proceeds of any special tax that may be levied by the
3916	county commissioners for expenses of criminal prosecutions. Said
3917	funds shall be paid out only for criminal expenses, fees, and
3918	costs, where the crime was committed in the county and the fees
3919	and costs are a legal claim against the county, in accordance
3920	with the provisions of this chapter. Any surplus funds remaining
3921	in the fine and forfeiture fund at the end of a fiscal year may
3922	be transferred to the county general fund.
3923	Section 81. Effective July 1, 2004, section 142.02,
3924	Florida Statutes, is amended to read:
3925	142.02 Levy of a special tax.--The board of county
3926	commissioners of every county may levy a special tax, not to
3927	exceed 2 mills, upon the real and personal property of the
3928	respective counties, to be assessed and collected as other
3929	county taxes are assessed and collected, for such costs of
3930	criminal prosecutions. Proceeds of the special tax funds shall
3931	be paid out only for criminal expenses, fees, and costs, if the
3932	crime was committed in the county, and the fees and costs are a
3933	legal claim against the county, in accordance with the
3934	provisions of this chapter. Any surplus funds remaining from the
3935	tax to fund criminal prosecutions at the end of a fiscal year
3936	may be transferred to the county general revenue fund.
3937	Section 82. Effective July 1, 2004, section 142.03,
3938	Florida Statutes, is amended to read:
3939	142.03 Disposition of fines, forfeitures, and civil
3940	penalties.--Except as to fines, forfeitures, and civil penalties
3941	collected in cases involving violations of municipal ordinances,
3942	violations of chapter 316 committed within a municipality, or
3943	infractions under the provisions of chapter 318 committed within
3944	a municipality, in which cases such fines, forfeitures, and
3945	civil penalties shall be fully paid monthly to the appropriate
3946	municipality as provided in ss. 34.191, 316.660, and 318.21, and
3947	except as to fines imposed under s. 775.0835(1), and assessments
3948	imposed under ss. 938.21, 938.23, and 938.25, all fines imposed
3949	under the penal laws of this state in all other cases, and the
3950	proceeds of all forfeited bail bonds or recognizances in all
3951	other cases, shall be paid into the fine and forfeiture fund of
3952	the clerk of thecounty in which the indictment was found or the
3953	prosecution commenced, and judgment must be entered therefor in
3954	favor of the state for the use by the clerk of the circuit court
3955	in performing court-related functionsof the particular county.
3956	Section 83. Effective July 1, 2004, section 142.15,
3957	Florida Statutes, is amended to read:
3958	142.15 Prisoner confined in different county.--Where the
3959	prisoner is confined in the jail of a different county from the
3960	one in which the crime was committed, then the sheriff's bill
3961	for feeding such prisoner shall be presented to the board of
3962	county commissioners of the county in which the crime is alleged
3963	to have been committed, and paid by such county. If the sheriff
3964	should subsequently collect any such fees for feeding a
3965	prisoner, he or she shall pay the same to the county in which
3966	the crime is alleged to have been committeddepository, to go
3967	into the fine and forfeiture fund. The county commissioners
3968	shall see that there is always set aside and retained in the
3969	fine and forfeiture fund out of the moneys collected from the
3970	special tax authorized to be collected for such fund, enough
3971	cash to pay for keeping and feeding such prisoners.
3972	Section 84. Effective July 1, 2004, section 142.16,
3973	Florida Statutes, is amended to read:
3974	142.16 Change of venue.--In case of change of venue in any
3975	case, all fines and forfeitures in such case go to the clerk in
3976	the county in which the case was adjudicatedindictment was
3977	found, and the fees of all officers and witnesses are a charge
3978	upon the county in which the indictment was found, in like
3979	manner as if the trial had not been removed. All costs and fees
3980	arising from the coroner's inquest shall be a charge upon the
3981	county where the inquest is held, and shall be payable from the
3982	general revenue fund of the county.
3983	Section 85. Effective July 1, 2004, subsection (3) of
3984	section 145.022, Florida Statutes, is amended to read:
3985	145.022 Guaranteed salary upon resolution of board of
3986	county commissioners.--
3987	(3) This section shall not apply to county property
3988	appraisers or clerks of the circuit and county courts in the
3989	performance of their court-related functions.
3990	Section 86. Effective July 1, 2004, section 162.30,
3991	Florida Statutes, is created to read:
3992	162.30 Civil actions to enforce county and municipal
3993	ordinances.--In addition to other provisions of law authorizing
3994	the enforcement of county and municipal codes and ordinances, a
3995	county or municipality may enforce any violation of a county or
3996	municipal code or ordinance by filing a civil action in the same
3997	manner as instituting a civil action. The action shall be
3998	brought in county or circuit court, whichever is appropriate
3999	depending upon the relief sought. Counties and municipalities
4000	are authorized and required to pay any counsel appointed by the
4001	court to represent a private party in such action if the
4002	provision of counsel at public expense is required by the
4003	Constitution of the United States or the Constitution of the
4004	State of Florida and if the party is indigent as established
4005	pursuant to s. 27.52. The county or municipality shall bear all
4006	court fees and costs of any such action, and may, if it
4007	prevails, recover the court fees and costs and expense of the
4008	court-appointed counsel as part of its judgment. The state shall
4009	bear no expense of actions brought under this section except
4010	those that it would bear in an ordinary civil action between
4011	private parties in county court.
4012	Section 87. Effective July 1, 2004, section 197.532,
4013	Florida Statutes, is amended to read:
4014	197.532 Fees for mailing additional notices, when
4015	application is made by holder.--When the certificateholder makes
4016	a written request of the clerk and furnishes the names and
4017	addresses at the time of the filing of the application, the
4018	clerk shall send a copy of the notice referred to in s. 197.522
4019	to anyone to whom the certificateholder may request him or her
4020	to send it, and the clerk shall include in such notice the
4021	statement required in s. 197.522. The certificateholder shall
4022	pay the clerk the service charges as prescribed in s.
4023	28.24(5)(8)for preparing and mailing each copy of notice
4024	requested by the holder. When the charges are made, they shall
4025	be added by the clerk to the amount required to redeem the land
4026	from sale.
4027	Section 88. Effective July 1, 2004, subsection (3) of
4028	section 197.542, Florida Statutes, is amended to read:
4029	197.542 Sale at public auction.--
4030	(3) If the sale is canceled for any reason, the clerk
4031	shall immediately readvertise the sale to be held no later than
4032	30 days after the date the sale was canceled. Only one
4033	advertisement is necessary. No further notice is required. The
4034	amount of the statutory (opening) bid shall be increased by the
4035	cost of advertising, additional clerk's fees as provided for in
4036	s. 28.24(21)(26), and interest as provided for in subsection
4037	(1). The clerk shall receive full payment prior to the issuance
4038	of the tax deed.
4039	Section 89. Effective July 1, 2004, subsection (2) of
4040	section 197.582, Florida Statutes, is amended to read:
4041	197.582 Disbursement of proceeds of sale.--
4042	(2) If the property is purchased for an amount in excess
4043	of the statutory bid of the certificateholder, the excess shall
4044	be paid over and disbursed by the clerk. If the property
4045	purchased is homestead property and the statutory bid includes
4046	an amount equal to at least one-half of the assessed value of
4047	the homestead, that amount shall be treated as excess and
4048	distributed in the same manner. The clerk shall distribute the
4049	excess to the governmental units for the payment of any lien of
4050	record held by a governmental unit against the property. In the
4051	event the excess is not sufficient to pay all of such liens in
4052	full, the excess shall then be paid to each governmental unit
4053	pro rata. If, after all liens of record of the governmental
4054	units upon the property are paid in full, there remains a
4055	balance of undistributed funds, the balance of the purchase
4056	price shall be retained by the clerk for the benefit of the
4057	persons described in s. 197.522(1)(a), as their interests may
4058	appear. The clerk shall mail notices to such persons notifying
4059	them of the funds held for their benefit. Any service charges,
4060	at the same rate as prescribed in s. 28.24(10)(13), and costs of
4061	mailing notices shall be paid out of the excess balance held by
4062	the clerk. Excess proceeds shall be held and disbursed in the
4063	same manner as unclaimed redemption moneys in s. 197.473. In the
4064	event excess proceeds are not sufficient to cover the service
4065	charges and mailing costs, the clerk shall receive the total
4066	amount of excess proceeds as a service charge.
4067	Section 90. Effective July 1, 2004, paragraph (d) of
4068	subsection (2) of section 212.055, Florida Statutes, is amended
4069	to read:
4070	212.055 Discretionary sales surtaxes; legislative intent;
4071	authorization and use of proceeds.--It is the legislative intent
4072	that any authorization for imposition of a discretionary sales
4073	surtax shall be published in the Florida Statutes as a
4074	subsection of this section, irrespective of the duration of the
4075	levy. Each enactment shall specify the types of counties
4076	authorized to levy; the rate or rates which may be imposed; the
4077	maximum length of time the surtax may be imposed, if any; the
4078	procedure which must be followed to secure voter approval, if
4079	required; the purpose for which the proceeds may be expended;
4080	and such other requirements as the Legislature may provide.
4081	Taxable transactions and administrative procedures shall be as
4082	provided in s. 212.054.
4083	(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.
4084	(d)1. The proceeds of the surtax authorized by this
4085	subsection and any interest accrued thereto shall be expended by
4086	the school district or within the county and municipalities
4087	within the county, or, in the case of a negotiated joint county
4088	agreement, within another county, to finance, plan, and
4089	construct infrastructure and to acquire land for public
4090	recreation or conservation or protection of natural resources
4091	and to finance the closure of county-owned or municipally owned
4092	solid waste landfills that are already closed or are required to
4093	close by order of the Department of Environmental Protection.
4094	Any use of such proceeds or interest for purposes of landfill
4095	closure prior to July 1, 1993, is ratified. Neither the proceeds
4096	nor any interest accrued thereto shall be used for operational
4097	expenses of any infrastructure, except that any county with a
4098	population of less than 75,000 that is required to close a
4099	landfill by order of the Department of Environmental Protection
4100	may use the proceeds or any interest accrued thereto for long-
4101	term maintenance costs associated with landfill closure.
4102	Counties, as defined in s. 125.011(1), and charter counties may,
4103	in addition, use the proceeds and any interest accrued thereto
4104	to retire or service indebtedness incurred for bonds issued
4105	prior to July 1, 1987, for infrastructure purposes, and for
4106	bonds subsequently issued to refund such bonds. Any use of such
4107	proceeds or interest for purposes of retiring or servicing
4108	indebtedness incurred for such refunding bonds prior to July 1,
4109	1999, is ratified.
4110	2. For the purposes of this paragraph, "infrastructure"
4111	means:
4112	a. Any fixed capital expenditure or fixed capital outlay
4113	associated with the construction, reconstruction, or improvement
4114	of public facilities which have a life expectancy of 5 or more
4115	years and any land acquisition, land improvement, design, and
4116	engineering costs related thereto.
4117	b. A fire department vehicle, an emergency medical service
4118	vehicle, a sheriff's office vehicle, a police department
4119	vehicle, or any other vehicle, and such equipment necessary to
4120	outfit the vehicle for its official use or equipment that has a
4121	life expectancy of at least 5 years.
4122	c. Any expenditure for the construction, lease, or
4123	maintenance of, or provision of utilities or security for,
4124	facilities as defined in s. 29.008.
4125	3. Notwithstanding any other provision of this subsection,
4126	a discretionary sales surtax imposed or extended after the
4127	effective date of this act may provide for an amount not to
4128	exceed 15 percent of the local option sales surtax proceeds to
4129	be allocated for deposit to a trust fund within the county's
4130	accounts created for the purpose of funding economic development
4131	projects of a general public purpose targeted to improve local
4132	economies, including the funding of operational costs and
4133	incentives related to such economic development. The ballot
4134	statement must indicate the intention to make an allocation
4135	under the authority of this subparagraph.
4136	Section 91. Effective July 1, 2004, paragraph (d) of
4137	subsection (6) of section 212.20, Florida Statutes, as amended
4138	by section 1 of chapter 2002-291, Laws of Florida, is amended to
4139	read:
4140	212.20 Funds collected, disposition; additional powers of
4141	department; operational expense; refund of taxes adjudicated
4142	unconstitutionally collected.--
4143	(6) Distribution of all proceeds under this chapter and s.
4144	202.18(1)(b) and (2)(b) shall be as follows:
4145	(d) The proceeds of all other taxes and fees imposed
4146	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
4147	and (2)(b) shall be distributed as follows:
4148	1. In any fiscal year, the greater of $500 million, minus
4149	an amount equal to 4.6 percent of the proceeds of the taxes
4150	collected pursuant to chapter 201, or 5 percent of all other
4151	taxes and fees imposed pursuant to this chapter or remitted
4152	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
4153	monthly installments into the General Revenue Fund.
4154	2. Two-tenths of one percent shall be transferred to the
4155	Ecosystem Management and Restoration Trust Fund to be used for
4156	water quality improvement and water restoration projects.
4157	3. After the distribution under subparagraphs 1. and 2.,
4158	8.8149.653percent of the amount remitted by a sales tax dealer
4159	located within a participating county pursuant to s. 218.61
4160	shall be transferred into the Local Government Half-cent Sales
4161	Tax Clearing Trust Fund.
4162	4. After the distribution under subparagraphs 1., 2., and
4163	3., 0.0950.065percent shall be transferred to the Local
4164	Government Half-cent Sales Tax Clearing Trust Fund and
4165	distributed pursuant to s. 218.65.
4166	5. For proceeds received after July 1, 2000, andAfter the
4167	distributions under subparagraphs 1., 2., 3., and 4., 2.0440
4168	2.25percent of the available proceeds pursuant to this
4169	paragraph shall be transferred monthly to the Revenue Sharing
4170	Trust Fund for Counties pursuant to s. 218.215.
4171	6. For proceeds received after July 1, 2000, andAfter the
4172	distributions under subparagraphs 1., 2., 3., and 4., 1.3409
4173	1.0715percent of the available proceeds pursuant to this
4174	paragraph shall be transferred monthly to the Revenue Sharing
4175	Trust Fund for Municipalities pursuant to s. 218.215. If the
4176	total revenue to be distributed pursuant to this subparagraph is
4177	at least as great as the amount due from the Revenue Sharing
4178	Trust Fund for Municipalities and the Municipal Financial
4179	Assistance Trust Fund in state fiscal year 1999-2000, no
4180	municipality shall receive less than the amount due from the
4181	Revenue Sharing Trust Fund for Municipalities and the Municipal
4182	Financial Assistance Trust Fund in state fiscal year 1999-2000.
4183	If the total proceeds to be distributed are less than the amount
4184	received in combination from the Revenue Sharing Trust Fund for
4185	Municipalities and the Municipal Financial Assistance Trust Fund
4186	in state fiscal year 1999-2000, each municipality shall receive
4187	an amount proportionate to the amount it was due in state fiscal
4188	year 1999-2000.
4189	7. Of the remaining proceeds:
4190	a. Beginning July 1, 2000, and In each fiscal year
4191	thereafter, the sum of $29,915,500 shall be divided into as many
4192	equal parts as there are counties in the state, and one part
4193	shall be distributed to each county. The distribution among the
4194	several counties shall begin each fiscal year on or before
4195	January 5th and shall continue monthly for a total of 4 months.
4196	If a local or special law required that any moneys accruing to
4197	a county in fiscal year 1999-2000 under the then-existing
4198	provisions of s. 550.135 be paid directly to the district school
4199	board, special district, or a municipal government, such payment
4200	shall continue until such time that the local or special law is
4201	amended or repealed. The state covenants with holders of bonds
4202	or other instruments of indebtedness issued by local
4203	governments, special districts, or district school boards prior
4204	to July 1, 2000, that it is not the intent of this subparagraph
4205	to adversely affect the rights of those holders or relieve local
4206	governments, special districts, or district school boards of the
4207	duty to meet their obligations as a result of previous pledges
4208	or assignments or trusts entered into which obligated funds
4209	received from the distribution to county governments under then-
4210	existing s. 550.135. This distribution specifically is in lieu
4211	of funds distributed under s. 550.135 prior to July 1, 2000.
4212	b. The department shall distribute $166,667 monthly
4213	pursuant to s. 288.1162 to each applicant that has been
4214	certified as a "facility for a new professional sports
4215	franchise" or a "facility for a retained professional sports
4216	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
4217	distributed monthly by the department to each applicant that has
4218	been certified as a "facility for a retained spring training
4219	franchise" pursuant to s. 288.1162; however, not more than
4220	$208,335 may be distributed monthly in the aggregate to all
4221	certified facilities for a retained spring training franchise.
4222	Distributions shall begin 60 days following such certification
4223	and shall continue for not more than 30 years. Nothing contained
4224	in this paragraph shall be construed to allow an applicant
4225	certified pursuant to s. 288.1162 to receive more in
4226	distributions than actually expended by the applicant for the
4227	public purposes provided for in s. 288.1162(6). However, a
4228	certified applicant is entitled to receive distributions up to
4229	the maximum amount allowable and undistributed under this
4230	section for additional renovations and improvements to the
4231	facility for the franchise without additional certification.
4232	c. Beginning 30 days after notice by the Office of
4233	Tourism, Trade, and Economic Development to the Department of
4234	Revenue that an applicant has been certified as the professional
4235	golf hall of fame pursuant to s. 288.1168 and is open to the
4236	public, $166,667 shall be distributed monthly, for up to 300
4237	months, to the applicant.
4238	d. Beginning 30 days after notice by the Office of
4239	Tourism, Trade, and Economic Development to the Department of
4240	Revenue that the applicant has been certified as the
4241	International Game Fish Association World Center facility
4242	pursuant to s. 288.1169, and the facility is open to the public,
4243	$83,333 shall be distributed monthly, for up to 168 months, to
4244	the applicant. This distribution is subject to reduction
4245	pursuant to s. 288.1169. A lump sum payment of $999,996 shall
4246	be made, after certification and before July 1, 2000.
4247	8. All other proceeds shall remain with the General
4248	Revenue Fund.
4249	Section 92. Effective July 1, 2004, subsection (6) of
4250	section 218.21, Florida Statutes, is amended to read:
4251	218.21 Definitions.--As used in this part, the following
4252	words and terms shall have the meanings ascribed them in this
4253	section, except where the context clearly indicates a different
4254	meaning:
4255	(6) "Guaranteed entitlement" means the amount of revenue
4256	which must be shared with an eligible unit of local government
4257	so that:
4258	(a) No eligible county shall receive less funds from the
4259	Revenue Sharing Trust Fund for Counties in any fiscal year than
4260	the amount received in the aggregate from the state in fiscal
4261	year 1971-1972 under the provisions of the then-existing s.
4262	210.20(2)(c), tax on cigarettes; the then-existing s. 323.16(4),
4263	road tax; and the then-existing s. 199.292(4), tax on intangible
4264	personal property.
4265	(b) No eligible municipality shall receive less funds from
4266	the Revenue Sharing Trust Fund for Municipalities in any fiscal
4267	year than the aggregate amount it received from the state in
4268	fiscal year 1971-1972 under the provisions of the then-existing
4269	s. 210.20(2)(a), tax on cigarettes; the then-existing s.
4270	323.16(3), road tax; and s. 206.605, tax on motor fuel. Any
4271	government exercising municipal powers under s. 6(f), Art. VIII
4272	of the State Constitution may not receive less than the
4273	aggregate amount it received from the Revenue Sharing Trust Fund
4274	for Municipalities in the preceding fiscal year, plus a
4275	percentage increase in such amount equal to the percentage
4276	increase of the Revenue Sharing Trust Fund for Municipalities
4277	for the preceding2003-2004fiscal year.
4278	Section 93. Effective July 1, 2004, subsection (4) is
4279	added to section 218.25, Florida Statutes, to read:
4280	218.25 Limitation of shared funds; holders of bonds
4281	protected; limitation on use of second guaranteed entitlement
4282	for counties.--
4283	(4) Notwithstanding subsections (1) and (2), a county may
4284	assign, pledge, or set aside as a trust for the payment of
4285	principal or interest on bonds, tax anticipation certificates,
4286	or any other form of indebtedness an amount up to 50 percent of
4287	the funds received in the prior year.
4288	Section 94. Effective July 1, 2004, subsection (2) of
4289	section 218.35, Florida Statutes, is amended to read:
4290	218.35 County fee officers; financial matters.--
4291	(2) The clerk of the circuit court, functioning in his or
4292	her capacity as clerk of the circuit and county courts and as
4293	clerk of the board of county commissioners, shall prepare his or
4294	her budget in two parts:
4295	(a) The budget for funds necessary to perform court-
4296	related functions as provided for in s. 28.36, which shall
4297	detail the methodologies used to apportion costs between court-
4298	related and non-court-related functions performed by the clerk.
4299	The budget relating to the state courts system, including
4300	recording, which shall be filed with the State Courts
4301	Administrator as well as with the board of county commissioners;
4302	and
4303	(b) The budget relating to the requirements of the clerk
4304	as clerk of the board of county commissioners, county auditor,
4305	and custodian or treasurer of all county funds and other county-
4306	related duties.
4307	Section 95. Effective July 1, 2004, paragraph (b) of
4308	subsection (1) and subsection (2) of section 318.15, Florida
4309	Statutes, are amended to read:
4310	318.15 Failure to comply with civil penalty or to appear;
4311	penalty.--
4312	(1)
4313	(b) However, a person who elects to attend driver
4314	improvement school and has paid the civil penalty as provided in
4315	s. 318.14(9), but who subsequently fails to attend the driver
4316	improvement school within the time specified by the court shall
4317	be deemed to have admitted the infraction and shall be
4318	adjudicated guilty. In such case the person must pay the clerk
4319	of the court the 18 percent deducted pursuant to s. 318.14(9),
4320	and a $10 processing fee of up to $15, after which no additional
4321	penalties, court costs, or surcharges shall be imposed for the
4322	violation. The clerk of the court shall notify the department of
4323	the person's failure to attend driver improvement school and
4324	points shall be assessed pursuant to s. 322.27.
4325	(2) After suspension of the driver's license and privilege
4326	to drive of a person under subsection (1), the license and
4327	privilege may not be reinstated until the person complies with
4328	all obligations and penalties imposed on him or her under s.
4329	318.18 and presents to a driver license office a certificate of
4330	compliance issued by the court, together with athe $25
4331	nonrefundable service fee of up to $37.50imposed under s.
4332	322.29, or pays the aforementioned $25 service fee of up to
4333	$37.50to the clerk of the court or tax collector clearing such
4334	suspension. Such person shall also be in compliance with
4335	requirements of chapter 322 prior to reinstatement.
4336	Section 96. Effective July 1, 2004, subsection (2),
4337	paragraphs (c), (d), (e), and (f) of subsection (3), and
4338	subsections (6), (7), and (11) of section 318.18, Florida
4339	Statutes, are amended to read:
4340	318.18 Amount of civil penalties.--The penalties required
4341	for a noncriminal disposition pursuant to s. 318.14 are as
4342	follows:
4343	(2) Thirty dollars for all nonmoving traffic violations
4344	and:
4345	(a) For all violations of s. 322.19.
4346	(b) For all violations of ss. 320.0605, 320.07(1),
4347	322.065, and 322.15(1). Any person who is cited for a violation
4348	of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
4349	320.07(4).
4350	1. If a person who is cited for a violation of s. 320.0605
4351	or s. 320.07 can show proof of having a valid registration at
4352	the time of arrest, the clerk of the court may dismiss the case
4353	and may assess a $5 dismissal fee of up to $7.50. A person who
4354	finds it impossible or impractical to obtain a valid
4355	registration certificate must submit an affidavit detailing the
4356	reasons for the impossibility or impracticality. The reasons may
4357	include, but are not limited to, the fact that the vehicle was
4358	sold, stolen, or destroyed; that the state in which the vehicle
4359	is registered does not issue a certificate of registration; or
4360	that the vehicle is owned by another person.
4361	2. If a person who is cited for a violation of s. 322.03,
4362	s. 322.065, or s. 322.15 can show a driver's license issued to
4363	him or her and valid at the time of arrest, the clerk of the
4364	court may dismiss the case and may assess a $5 dismissal fee of
4365	up to $7.50.
4366	3. If a person who is cited for a violation of s. 316.646
4367	can show proof of security as required by s. 627.733, issued to
4368	the person and valid at the time of arrest, the clerk of the
4369	court may dismiss the case and may assess a $5 dismissal fee of
4370	up to $7.50. A person who finds it impossible or impractical to
4371	obtain proof of security must submit an affidavit detailing the
4372	reasons for the impracticality. The reasons may include, but are
4373	not limited to, the fact that the vehicle has since been sold,
4374	stolen, or destroyed; that the owner or registrant of the
4375	vehicle is not required by s. 627.733 to maintain personal
4376	injury protection insurance; or that the vehicle is owned by
4377	another person.
4378	(c) For all violations of ss. 316.2935 and 316.610.
4379	However, for a violation of s. 316.2935 or s. 316.610, if the
4380	person committing the violation corrects the defect and obtains
4381	proof of such timely repair by an affidavit of compliance
4382	executed by the law enforcement agency within 30 days from the
4383	date upon which the traffic citation was issued, and pays $4 to
4384	the law enforcement agency, thereby completing the affidavit of
4385	compliance, then upon presentation of said affidavit by the
4386	defendant to the clerk within the 30-day time period set forth
4387	under s. 318.14(4), the fine must be reduced to $7.50$5, which
4388	the clerk of the court shall retain.
4389	(d) For all violations of s. 316.126(1)(b), unless
4390	otherwise specified.
4391	(3)
4392	(c) Notwithstanding paragraph (b), a person cited for
4393	exceeding the speed limit by up to 5 m.p.h. in a legally posted
4394	school zone will be fined $50. A person exceeding the speed
4395	limit in a school zone shall paywill be assesseda fine double
4396	the amount listed in paragraph (b).
4397	(d) A person cited for exceeding the speed limit in a
4398	posted construction zone shall paywill be assesseda fine
4399	double the amount listed in paragraph (b). The fine shall be
4400	doubled for construction zone violations only if construction
4401	personnel are present or operating equipment on the road or
4402	immediately adjacent to the road under construction.
4403	(e) If a violation of s. 316.1301 or s. 316.1303 results
4404	in an injury to the pedestrian or damage to the property of the
4405	pedestrian, an additional fine of up to $250 shall be paidmust
4406	be assessed. This amount must be distributed pursuant to s.
4407	318.21.
4408	(f) A person cited for exceeding the speed limit within a
4409	zone posted for any electronic or manual toll collection
4410	facility shall paywill be assesseda fine double the amount
4411	listed in paragraph (b). However, no person cited for exceeding
4412	the speed limit in any toll collection zone shall be subject to
4413	a doubled fine unless the governmental entity or authority
4414	controlling the toll collection zone first installs a traffic
4415	control device providing warning that speeding fines are
4416	doubled. Any such traffic control device must meet the
4417	requirements of the uniform system of traffic control devices.
4418	(6) One hundred dollars or the fine amount designated by
4419	county ordinance, plus court costs for illegally parking, under
4420	s. 316.1955, in a parking space provided for people who have
4421	disabilities. However, this fine will be waived if a person
4422	provides to the law enforcement agency that issued the citation
4423	for such a violation proof that the person committing the
4424	violation has a valid parking permit or license plate issued
4425	pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845,
4426	or s. 320.0848 or a signed affidavit that the owner of the
4427	disabled parking permit or license plate was present at the time
4428	the violation occurred, and that such a parking permit or
4429	license plate was valid at the time the violation occurred. The
4430	law enforcement officer, upon determining that all required
4431	documentation has been submitted verifying that the required
4432	parking permit or license plate was valid at the time of the
4433	violation, must sign an affidavit of compliance. Upon provision
4434	of the affidavit of compliance and payment of a $5 dismissal fee
4435	of up to $7.50to the clerk of the circuit court, the clerk
4436	shall dismiss the citation.
4437	(7) One hundred dollars for a violation of s. 316.1001.
4438	However, a person may elect to pay $30 to the clerk of the
4439	court, in which case adjudication is withheld, and no points are
4440	assessed under s. 322.27. Upon receipt of the fine, the clerk of
4441	the court must retain $5 for administrative purposes and must
4442	forward the $25 to the governmental entity that issued the
4443	citation. Any funds received by a governmental entity for this
4444	violation may be used for any lawful purpose related to the
4445	operation or maintenance of a toll facility.
4446	(11)(a) Court costs that are to be in addition to the
4447	stated fine must be paidshall be imposed by the courtin an
4448	amount not less than the following and shall be deposited by the
4449	clerk into the fine and forfeiture fund established pursuant to
4450	s. 142.01:
4451
4452	For pedestrian infractions..................................$ 3.
4453	For nonmoving traffic infractions......................$ 16$ 6.
4454	For moving traffic infractions........................$ 30$ 10.
4455
4456	(b) In addition to the court cost requiredassessedunder
4457	paragraph (a), the court shall impose a $3 court cost must be
4458	paidfor each infraction to be distributed as provided in s.
4459	938.01 and a $2 court cost as provided in s. 938.15 when
4460	assessed by a municipality or county.
4461
4462	Court costs imposed under this subsection may not exceed $30. A
4463	criminal justice selection center or other local criminal
4464	justice access and assessment center may be funded from these
4465	court costs.
4466	Section 97. Effective July 1, 2004, paragraphs (g) and (h)
4467	of subsection (2) of section 318.21, Florida Statutes, are
4468	amended to read:
4469	318.21 Disposition of civil penalties by county courts.--
4470	All civil penalties received by a county court pursuant to the
4471	provisions of this chapter shall be distributed and paid monthly
4472	as follows:
4473	(2) Of the remainder:
4474	(g)1. If the violation occurred within a municipality or a
4475	special improvement district of the Seminole Indian Tribe or
4476	Miccosukee Indian Tribe, 56.4 percent shall be paid to that
4477	municipality or special improvement district.
4478	2. If the violation occurred within the unincorporated
4479	area of a county that is not within a special improvement
4480	district of the Seminole Indian Tribe or Miccosukee Indian
4481	Tribe, 56.4 percent shall be deposited into the fine and
4482	forfeiture fund established pursuant to s. 142.01paid to that
4483	county.
4484	(h) Fifteen percent must be deposited into the General
4485	RevenueCounty Article V TrustFund.
4486	Section 98. Effective July 1, 2004, section 318.325,
4487	Florida Statutes, is amended to read:
4488	318.325 Jurisdiction and procedure for parking
4489	infractions.--Any county or municipality may adopt an ordinance
4490	that allows the county or municipality to refer cases involving
4491	the violation of a county or municipal parking ordinance to a
4492	hearing officer funded by the county or municipalitydesignated
4493	to preside over civil traffic infractions in the county.
4494	Notwithstanding the provisions of ss. 318.14 and 775.08(3), any
4495	parking violation shall be deemed to be an infraction as defined
4496	in s. 318.13(3). However, the violation must be enforced and
4497	disposed of in accordance with the provisions of general law
4498	applicable to parking violations and with the charter or code of
4499	the county or municipality where the violation occurred. The
4500	clerk of the court or the designated traffic violations bureau
4501	must collect and distribute the fines, forfeitures, and court
4502	costs assessed under this section. Notwithstanding the
4503	provisions of s. 318.21, fines and forfeitures received from
4504	parking violations committed within the unincorporated areas of
4505	the county or within the boundaries of the municipality must be
4506	collected and paid monthly to the county or municipality,
4507	respectively. Court costs assessed by the hearing officer must
4508	be paid to the county.
4509	Section 99. Effective July 1, 2004, subsection (1) of
4510	section 322.245, Florida Statutes, is amended to read:
4511	322.245 Suspension of license upon failure of person
4512	charged with specified offense under chapter 316, chapter 320,
4513	or this chapter to comply with directives ordered by traffic
4514	court or upon failure to pay child support in non-IV-D cases as
4515	provided in chapter 61.--
4516	(1) If a person who is charged with a violation of any of
4517	the criminal offenses enumerated in s. 318.17 or with the
4518	commission of any offense constituting a misdemeanor under
4519	chapter 320 or this chapter fails to comply with all of the
4520	directives of the court within the time allotted by the court,
4521	the clerk of the traffic court shall mail to the person, at the
4522	address specified on the uniform traffic citation, a notice of
4523	such failure, notifying him or her that, if he or she does not
4524	comply with the directives of the court within 30 days after the
4525	date of the notice and pay a delinquency fee of up to $15$10to
4526	the clerk, his or her driver's license will be suspended. The
4527	notice shall be mailed no later than 5 days after such failure.
4528	The delinquency fee may be retained by the office of the clerk
4529	to defray the operating costs of the office.
4530	Section 100. Effective July 1, 2004, paragraph (a) of
4531	subsection (9) of section 327.73, Florida Statutes, is amended
4532	to read:
4533	327.73 Noncriminal infractions.--
4534	(9)(a) Any person who fails to comply with the court's
4535	requirements or who fails to pay the civil penalties specified
4536	in this section within the 30-day period provided for in s.
4537	327.72 must pay an additional court cost of up to $18$12, which
4538	shall be used by the clerks of the courts to defray the costs of
4539	tracking unpaid uniform boating citations.
4540	Section 101. Effective July 1, 2004, section 382.023,
4541	Florida Statutes, is amended to read:
4542	382.023 Department to receive dissolution-of-marriage
4543	records; fees.--Clerks of the circuit courts shall collect for
4544	their services at the time of the filing of a final judgment of
4545	dissolution of marriage a fee of up to $10.50$7, of which 43
4546	percent$3shall be retained by the circuit court as a part of
4547	the cost in the cause in which the judgment is granted. The
4548	remaining 57 percent$4shall be remitted to the Department of
4549	Revenue for deposit to the Department of Health to defray part
4550	of the cost of maintaining the dissolution-of-marriage records.
4551	A record of each and every judgment of dissolution of marriage
4552	granted by the court during the preceding calendar month, giving
4553	names of parties and such other data as required by forms
4554	prescribed by the department, shall be transmitted to the
4555	department, on or before the 10th day of each month, along with
4556	an accounting of the funds remitted to the Department of Revenue
4557	pursuant to this section.
4558	Section 102. Effective July 1, 2004, paragraph (c) of
4559	subsection (4) of section 392.55, Florida Statutes, is amended
4560	to read:
4561	392.55 Physical examination and treatment.--
4562	(4) A warrant requiring a person to be apprehended or
4563	examined on an outpatient basis may not be issued unless:
4564	(c) The court advises the person of the right to have
4565	legal counsel present. If the person is insolvent and unable to
4566	employ counsel, the court shall appoint legal counsel for the
4567	person pursuant to the indigenceindigencycriteria in s. 27.52.
4568	Section 103. Effective July 1, 2004, paragraph (c) of
4569	subsection (3) of section 392.56, Florida Statutes, is amended
4570	to read:
4571	392.56 Hospitalization, placement, and residential
4572	isolation.--
4573	(3) A person may not be ordered by a circuit court to be
4574	hospitalized, placed in another health care facility or
4575	residential facility, or isolated from the general public in the
4576	home, unless:
4577	(c) The court advises the person of the right to have
4578	counsel present. If the person is insolvent and unable to employ
4579	counsel, the court shall appoint legal counsel for the person
4580	pursuant to the indigenceindigencycriteria in s. 27.52.
4581	Section 104. Effective July 1, 2004, section 394.473,
4582	Florida Statutes, is amended to read:
4583	394.473 Attorney's fee; expert witness fee.--
4584	(1) In case of the indigenceindigencyof any person for
4585	whom an attorney is appointed pursuant to the provisions of this
4586	part, the attorney shall be entitled to a reasonable fee to be
4587	determined by the court and paid from the general fund of the
4588	county from which the patient was involuntarily detained. In
4589	case of the indigenceindigencyof any such person, the court
4590	may appoint a public defender. The public defender shall receive
4591	no additional compensation other than that usually paid his or
4592	her office.
4593	(2) In case of the indigenceindigencyof any person for
4594	whom expert testimony is required in a court hearing pursuant to
4595	the provisions of this act, the expert, except one who is
4596	classified as a full-time employee of the state or who is
4597	receiving remuneration from the state for his or her time in
4598	attendance at the hearing, shall be entitled to a reasonable fee
4599	to be determined by the court and paid from the general fund of
4600	the county from which the patient was involuntarily detained.
4601	Section 105. Effective July 1, 2004, subsection (1) of
4602	section 395.3025, Florida Statutes, is amended to read:
4603	395.3025 Patient and personnel records; copies;
4604	examination.--
4605	(1) Any licensed facility shall, upon written request, and
4606	only after discharge of the patient, furnish, in a timely
4607	manner, without delays for legal review, to any person admitted
4608	therein for care and treatment or treated thereat, or to any
4609	such person's guardian, curator, or personal representative, or
4610	in the absence of one of those persons, to the next of kin of a
4611	decedent or the parent of a minor, or to anyone designated by
4612	such person in writing, a true and correct copy of all patient
4613	records, including X rays, and insurance information concerning
4614	such person, which records are in the possession of the licensed
4615	facility, provided the person requesting such records agrees to
4616	pay a charge. The exclusive charge for copies of patient records
4617	may include sales tax and actual postage, and, except for
4618	nonpaper records which are subject to a charge not to exceed $2
4619	as provided in s. 28.24(6)(9)(c), may not exceed $1 per page, as
4620	provided in s. 28.24(5)(8)(a). A fee of up to $1 may be charged
4621	for each year of records requested. These charges shall apply to
4622	all records furnished, whether directly from the facility or
4623	from a copy service providing these services on behalf of the
4624	facility. However, a patient whose records are copied or
4625	searched for the purpose of continuing to receive medical care
4626	is not required to pay a charge for copying or for the search.
4627	The licensed facility shall further allow any such person to
4628	examine the original records in its possession, or microforms or
4629	other suitable reproductions of the records, upon such
4630	reasonable terms as shall be imposed to assure that the records
4631	will not be damaged, destroyed, or altered.
4632	Section 106. Effective July 1, 2004, section 397.334,
4633	Florida Statutes, is amended to read:
4634	397.334 Treatment-based drug court programs.--
4635	(1) It is the intent of the Legislature to implement
4636	treatment-based drug court programs in each judicial circuit in
4637	an effort to reduce crime and recidivism, abuse and neglect
4638	cases, and family dysfunction by breaking the cycle of addiction
4639	which is the most predominant cause of cases entering the
4640	justice system. The Legislature recognizes that the integration
4641	of judicial supervision, treatment, accountability, and
4642	sanctions greatly increases the effectiveness of substance abuse
4643	treatment. The Legislature also seeks to ensure that there is a
4644	coordinated, integrated, and multidisciplinary response to the
4645	substance abuse problem in this state, with special attention
4646	given to creating partnerships between the public and private
4647	sectors and to the coordinated, supported, and integrated
4648	delivery of multiple-system services for substance abusers,
4649	including a multiagency team approach to service delivery.
4650	(1)(2) Each county may fundjudicial circuit shall
4651	establish a model ofa treatment-based drug court program under
4652	which persons in the justice system assessed with a substance
4653	abuse problem will be processed in such a manner as to
4654	appropriately address the severity of the identified substance
4655	abuse problem through treatment plans tailored to the individual
4656	needs of the participant. These treatment-based drug court
4657	program models may be established in the misdemeanor, felony,
4658	family, delinquency, and dependency divisions of the judicial
4659	circuits.It is the intent of the Legislature to encourage the
4660	Department of Corrections, the Department of Children and Family
4661	Services, the Department of Juvenile Justice, the Department of
4662	Health, the Department of Law Enforcement, and such other
4663	agencies, local governments, law enforcement agencies, and other
4664	interested public or private sources to support the creation and
4665	establishment of these problem-solving court programs.
4666	Participation in the treatment-based drug court programs does
4667	not divest any public or private agency of its responsibility
4668	for a child or adult, but allows these agencies to better meet
4669	their needs through shared responsibility and resources.
4670	(2)(3)The treatment-based drug court programs shall
4671	include therapeutic jurisprudence principles and adhere to the
4672	following 10 key components, recognized by the Drug Courts
4673	Program Office of the Office of Justice Programs of the United
4674	States Department of Justice and adopted by the Florida Supreme
4675	Court Treatment-Based Drug Court Steering Committee:
4676	(a) Drug court programs integrate alcohol and other drug
4677	treatment services with justice system case processing.
4678	(b) Using a nonadversarial approach, prosecution and
4679	defense counsel promote public safety while protecting
4680	participants' due process rights.
4681	(c) Eligible participants are identified early and
4682	promptly placed in the drug court program.
4683	(d) Drug court programs provide access to a continuum of
4684	alcohol, drug, and other related treatment and rehabilitation
4685	services.
4686	(e) Abstinence is monitored by frequent testing for
4687	alcohol and other drugs.
4688	(f) A coordinated strategy governs drug court program
4689	responses to participants' compliance.
4690	(g) Ongoing judicial interaction with each drug court
4691	program participant is essential.
4692	(h) Monitoring and evaluation measure the achievement of
4693	program goals and gauge program effectiveness.
4694	(i) Continuing interdisciplinary education promotes
4695	effective drug court program planning, implementation, and
4696	operations.
4697	(j) Forging partnerships among drug court programs, public
4698	agencies, and community-based organizations generates local
4699	support and enhances drug court program effectiveness.
4700	(3)(4)Treatment-based drug court programs may include
4701	pretrial intervention programs as provided in ss. 948.08,
4702	948.16, and 985.306.
4703	(4)(5)(a) The Florida Association of Drug Court Program
4704	Professionals is created. The membership of the association may
4705	consist of drug court program practitioners who comprise the
4706	multidisciplinary drug court program team, including, but not
4707	limited to, judges, state attorneys, defense counsel, drug court
4708	program coordinators, probation officers, law enforcement
4709	officers, members of the academic community, and treatment
4710	professionals. Membership in the association shall be voluntary.
4711	(b) The association shall annually elect a chair whose
4712	duty is to solicit recommendations from members on issues
4713	relating to the expansion, operation, and institutionalization
4714	of drug court programs. The chair is responsible for providing
4715	the association's recommendations to the Supreme Court
4716	Treatment-Based Drug Court Steering Committee, and shall submit
4717	a report each year, on or before October 1, to the steering
4718	committee.
4719	(5) If a county chooses to fund a treatment-based drug
4720	court program, the county must secure funding from sources other
4721	than the state for those costs not otherwise assumed by the
4722	state pursuant to s. 29.004. Counties may provide, by interlocal
4723	agreement, for the collective funding of these programs.
4724	Section 107. Effective July 1, 2004, subsection (3) of
4725	section 712.06, Florida Statutes, is amended to read:
4726	712.06 Contents of notice; recording and indexing.--
4727	(3) The clerk of the circuit court shall, upon such
4728	filing, mail by registered or certified mail to the purported
4729	owner of said property, as stated in such notice, a copy thereof
4730	and shall enter on the original, before recording the same, a
4731	certificate showing such mailing. For preparing the certificate,
4732	the claimant shall pay to the clerk the service charge as
4733	prescribed in s. 28.24(8)(11)and the necessary costs of
4734	mailing, in addition to the recording charges as prescribed in
4735	s. 28.24(12)(15). If the notice names purported owners having
4736	more than one address, the person filing the same shall furnish
4737	a true copy for each of the several addresses stated, and the
4738	clerk shall send one such copy to the purported owners named at
4739	each respective address. Such certificate shall be sufficient if
4740	the same reads substantially as follows:
4741
4742	I hereby certify that I did on this _____, mail by
4743	registered (or certified) mail a copy of the foregoing notice to
4744	each of the following at the address stated:
4745	... (Clerk of the circuit court) ...
4746	of _____ County, Florida,
4747	By ... (Deputy clerk) ...
4748
4749	The clerk of the circuit court is not required to mail to the
4750	purported owner of such property any such notice that pertains
4751	solely to the preserving of any covenant or restriction or any
4752	portion of a covenant or restriction.
4753	Section 108. Effective July 1, 2004, subsection (1) of
4754	section 713.24, Florida Statutes, is amended to read:
4755	713.24 Transfer of liens to security.--
4756	(1) Any lien claimed under this part may be transferred,
4757	by any person having an interest in the real property upon which
4758	the lien is imposed or the contract under which the lien is
4759	claimed, from such real property to other security by either:
4760	(a) Depositing in the clerk's office a sum of money, or
4761	(b) Filing in the clerk's office a bond executed as surety
4762	by a surety insurer licensed to do business in this state,
4763
4764	either to be in an amount equal to the amount demanded in such
4765	claim of lien, plus interest thereon at the legal rate for 3
4766	years, plus $1,000 or 25 percent of the amount demanded in the
4767	claim of lien, whichever is greater, to apply on any attorney's
4768	fees and court costs that may be taxed in any proceeding to
4769	enforce said lien. Such deposit or bond shall be conditioned to
4770	pay any judgment or decree which may be rendered for the
4771	satisfaction of the lien for which such claim of lien was
4772	recorded. Upon making such deposit or filing such bond, the
4773	clerk shall make and record a certificate showing the transfer
4774	of the lien from the real property to the security and shall
4775	mail a copy thereof by registered or certified mail to the
4776	lienor named in the claim of lien so transferred, at the address
4777	stated therein. Upon filing the certificate of transfer, the
4778	real property shall thereupon be released from the lien claimed,
4779	and such lien shall be transferred to said security. In the
4780	absence of allegations of privity between the lienor and the
4781	owner, and subject to any order of the court increasing the
4782	amount required for the lien transfer deposit or bond, no other
4783	judgment or decree to pay money may be entered by the court
4784	against the owner. The clerk shall be entitled to a fee for
4785	making and serving the certificate, in the sum of up to $15$10.
4786	If the transaction involves the transfer of multiple liens, an
4787	additional charge of up to $7.50$5for each additional lien
4788	shall be charged. For recording the certificate and approving
4789	the bond, the clerk shall receive her or his usual statutory
4790	service charges as prescribed in s. 28.24. Any number of liens
4791	may be transferred to one such security.
4792	Section 109. Effective July 1, 2004, subsection (3) is
4793	added to section 721.83, Florida Statutes, to read:
4794	721.83 Consolidation of foreclosure actions.--
4795	(3) The clerk of court shall require a plaintiff to pay
4796	separate filing fees and service charges as provided by general
4797	law for each defendant in a consolidated foreclosure action
4798	filed pursuant to this section.
4799	Section 110. Effective July 1, 2004, paragraph (c) of
4800	subsection (2) of section 741.30, Florida Statutes, is amended
4801	to read:
4802	741.30 Domestic violence; injunction; powers and duties of
4803	court and clerk; petition; notice and hearing; temporary
4804	injunction; issuance of injunction; statewide verification
4805	system; enforcement.--
4806	(2)
4807	(c)1. The clerk of the court shall assist petitioners in
4808	seeking both injunctions for protection against domestic
4809	violence and enforcement for a violation thereof as specified in
4810	this section.
4811	2. All clerks' offices shall provide simplified petition
4812	forms for the injunction, any modifications, and the enforcement
4813	thereof, including instructions for completion.
4814	3. The clerk of the court shall advise petitioners of the
4815	opportunity to apply for a certificate of indigenceavailability
4816	of affidavits of insolvency or indigence in lieu of prepayment
4817	paymentfor the cost of the filing fee, as provided in paragraph
4818	(a).
4819	4. The clerk of the court shall ensure the petitioner's
4820	privacy to the extent practical while completing the forms for
4821	injunctions for protection against domestic violence.
4822	5. The clerk of the court shall provide petitioners with a
4823	minimum of two certified copies of the order of injunction, one
4824	of which is serviceable and will inform the petitioner of the
4825	process for service and enforcement.
4826	6. Clerks of court and appropriate staff in each county
4827	shall receive training in the effective assistance of
4828	petitioners as provided or approved by the Florida Association
4829	of Court Clerks.
4830	7. The clerk of the court in each county shall make
4831	available informational brochures on domestic violence when such
4832	brochures are provided by local certified domestic violence
4833	centers.
4834	8. The clerk of the court in each county shall distribute
4835	a statewide uniform informational brochure to petitioners at the
4836	time of filing for an injunction for protection against domestic
4837	or repeat violence when such brochures become available. The
4838	brochure must include information about the effect of giving the
4839	court false information about domestic violence.
4840	Section 111. Effective July 1, 2004, section 744.3135,
4841	Florida Statutes, is amended to read:
4842	744.3135 Credit and criminal investigation.--The court may
4843	require a nonprofessional guardian and shall require a
4844	professional or public guardian, and all employees of a
4845	professional guardian who have a fiduciary responsibility to a
4846	ward, to submit, at their own expense, to an investigation of
4847	the guardian's credit history and to undergo level 2 background
4848	screening as required under s. 435.04. The clerk of the court
4849	shall obtain fingerprint cards from the Federal Bureau of
4850	Investigation and make them available to guardians. Any guardian
4851	who is so required shall have his or her fingerprints taken and
4852	forward the proper fingerprint card along with the necessary fee
4853	to the Florida Department of Law Enforcement for processing. The
4854	professional guardian shall pay to the clerk of the court a fee
4855	of up to $7.50$5for handling and processing professional
4856	guardian files. The results of the fingerprint checks shall be
4857	forwarded to the clerk of court who shall maintain the results
4858	in a guardian file and shall make the results available to the
4859	court. If credit or criminal investigations are required, the
4860	court must consider the results of the investigations in
4861	appointing a guardian. Guardians and all employees of a
4862	professional guardian who have a fiduciary responsibility to a
4863	ward, so appointed, must resubmit, at their own expense, to an
4864	investigation of credit history, and undergo level 1 background
4865	screening as required under s. 435.03, every 2 years after the
4866	date of their appointment. The court must consider the results
4867	of these investigations in reappointing a guardian. This section
4868	shall not apply to a professional guardian, or to the employees
4869	of a professional guardian, that is a trust company, a state
4870	banking corporation or state savings association authorized and
4871	qualified to exercise fiduciary powers in this state, or a
4872	national banking association or federal savings and loan
4873	association authorized and qualified to exercise fiduciary
4874	powers in this state.
4875	Section 112. Effective July 1, 2004, paragraph (a) of
4876	subsection (6) of section 744.365, Florida Statutes, is amended
4877	to read:
4878	744.365 Verified inventory.--
4879	(6) AUDIT FEE.--
4880	(a) Where the value of the ward's property exceeds
4881	$25,000, a guardian shall pay from the ward's property to the
4882	clerk of the circuit court a fee of up to $75$50, upon the
4883	filing of the verified inventory, for the auditing of the
4884	inventory. Any guardian unable to pay the auditing fee may
4885	petition the court for waiver of the fee. The court may waive
4886	the fee after it has reviewed the documentation filed by the
4887	guardian in support of the waiver. If the fee is waived for a
4888	ward, the audit fee must be paid from the general fund of the
4889	county in which the guardianship proceeding is conducted.
4890	Section 113. Effective July 1, 2004, subsection (4) of
4891	section 744.3678, Florida Statutes, is amended to read:
4892	744.3678 Annual accounting.--
4893	(4) The guardian shall pay from the ward's estate to the
4894	clerk of the circuit court a fee based upon the following
4895	graduated fee schedule, upon the filing of the annual financial
4896	return, for the auditing of the return:
4897	(a) For estates with a value of $25,000 or less the clerk
4898	of the court may charge a fee of up to $15the fee shall be $10.
4899	(b) For estates with a value of more than $25,000 up to
4900	and including $100,000 the clerk of the court may charge a fee
4901	of up to $75the fee shall be $50.
4902	(c) For estates with a value of more than $100,000 up to
4903	and including $500,000 the clerk of the court may charge a fee
4904	of up to $150the fee shall be $100.
4905	(d) For estates with a value in excess of $500,000 the
4906	clerk of the court may charge a fee of up to $225the fee shall
4907	be $150.
4908
4909	Any guardian unable to pay the auditing fee may petition the
4910	court for a waiver of the fee. The court may waive the fee
4911	after it has reviewed the documentation filed by the guardian in
4912	support of the waiver. Upon such waiver, the clerk of the
4913	circuit court shall bill the board of county commissioners for
4914	the auditing fee.
4915	Section 114. Effective July 1, 2004, section 775.083,
4916	Florida Statutes, is amended to read:
4917	775.083 Fines.--
4918	(1) A person who has been convicted of an offense other
4919	than a capital felony may be sentenced to pay a fine in addition
4920	to any punishment described in s. 775.082; when specifically
4921	authorized by statute, he or she may be sentenced to pay a fine
4922	in lieu of any punishment described in s. 775.082. A person who
4923	has been convicted of a noncriminal violation may be sentenced
4924	to pay a fine. Fines for designated crimes and for noncriminal
4925	violations shall not exceed:
4926	(a) $15,000, when the conviction is of a life felony.
4927	(b) $10,000, when the conviction is of a felony of the
4928	first or second degree.
4929	(c) $5,000, when the conviction is of a felony of the
4930	third degree.
4931	(d) $1,000, when the conviction is of a misdemeanor of the
4932	first degree.
4933	(e) $500, when the conviction is of a misdemeanor of the
4934	second degree or a noncriminal violation.
4935	(f) Any higher amount equal to double the pecuniary gain
4936	derived from the offense by the offender or double the pecuniary
4937	loss suffered by the victim.
4938	(g) Any higher amount specifically authorized by statute.
4939
4940	Fines imposed in this subsection shall be deposited by the clerk
4941	of the court in the fine and forfeiture fund established
4942	pursuant to s. 142.01.If a defendant is unable to pay a fine,
4943	the court may defer payment of the fine to a date certain.
4944	(2)(a)In addition to the fines set forth in subsection
4945	(1), court costs shall be assessed and collected in each
4946	instance a defendant pleads nolo contendere to, or is convicted
4947	of, or adjudicated delinquent for, a felony, a misdemeanor, or a
4948	criminal traffic offense under state law, or a violation of any
4949	municipal or county ordinance if the violation constitutes a
4950	misdemeanor under state law. The court costs imposed by this
4951	section shall be $50 for a felony and $20 for any other offense
4952	and shall be deposited by the clerk of the court into an
4953	appropriate county account for disbursement for the purposes
4954	provided in this subsection. A county shall account for the
4955	funds separately from other county funds as crime prevention
4956	funds. The county, in consultation with the sheriff, must expend
4957	such funds for crime prevention programs in the county,
4958	including safe neighborhood programs under ss. 163.501-163.523.
4959	A county may adopt an ordinance imposing, in addition to any
4960	other fine, penalty, or cost imposed by subsection (1) or any
4961	other provision of law, a fine upon any person who, with respect
4962	to a charge, indictment, or prosecution commenced in that
4963	county, pleads guilty or nolo contendere to, or is convicted of
4964	or adjudicated delinquent for, a felony, a misdemeanor, or a
4965	criminal traffic offense under state law, or a violation of any
4966	municipal or county ordinance if the violation constitutes a
4967	misdemeanor under state law.
4968	(b) The fine is $50 for a felony and $20 for any other
4969	offense. When the defendant enters the plea or is convicted or
4970	adjudicated, in a court in that county, the court may order the
4971	defendant to pay such fine if the court finds that the defendant
4972	has the ability to pay the fine and that the defendant would not
4973	be prevented thereby from being rehabilitated or making
4974	restitution.
4975	(c) The clerk of the court shall collect and deposit the
4976	fines in an appropriate county account for disbursement for the
4977	purposes provided in this subsection.
4978	(d) A county that imposes the additional fines authorized
4979	under this subsection shall account for the fines separately
4980	from other county funds, as crime prevention funds. The county,
4981	in consultation with the sheriff, must expend such fines for the
4982	costs of collecting the fines and for crime prevention programs
4983	in the county, including safe neighborhood programs under ss.
4984	163.501-163.523.
4985	(3) The purpose of this section is to provide uniform
4986	penalty authorization for criminal offenses and, to this end, a
4987	reference to this section constitutes a general reference under
4988	the doctrine of incorporation by reference.
4989	Section 115. Effective July 1, 2004, subsection (6) of
4990	section 796.07, Florida Statutes, is amended to read:
4991	796.07 Prohibiting prostitution, etc.; evidence;
4992	penalties; definitions.--
4993	(6) A person who violates paragraph (2)(f) shall be
4994	assessed a civil penalty of $500 if the violation results in any
4995	judicial disposition other than acquittal or dismissal. The
4996	proceeds from penalties assessed under this subsection shall be
4997	paid to the circuit courtcourtsadministrator for the sole
4998	purpose of paying the administrative costs of mandatory
4999	treatment-based drug court programs provided under s. 397.334.
5000	Section 116. Effective July 1, 2004, section 914.11,
5001	Florida Statutes, is amended to read:
5002	914.11 Indigent defendants.--If a court decides, on the
5003	basis of an affidavit, that adefendant in a criminal case is
5004	indigent pursuant to s. 27.52 and presentlyunable to pay the
5005	cost of procuring the attendance of witnesses, the defendant may
5006	seek a deferral of these costs; however, thesuchdefendant may
5007	subpoena the witnesses, and the costs, including the cost of the
5008	defendant's copy of all depositions and transcripts which are
5009	certified by the defendant's attorney as serving a useful
5010	purpose in the disposition of the case, shall be paid by the
5011	statecounty. When depositions are taken outside the circuit in
5012	which the case is pending, travel expenses shall be paid by the
5013	statecountyin accordance with s. 112.061 and shall also be
5014	taxed as costs payable to the state.
5015	Section 117. Effective July 1, 2004, paragraph (a) of
5016	subsection (2) of section 916.107, Florida Statutes, is amended
5017	to read:
5018	916.107 Rights of forensic clients.--
5019	(2) RIGHT TO TREATMENT.--
5020	(a) The policy of the state is that the department shall
5021	not deny treatment or training to any client and that no
5022	services shall be delayed at a facility because the forensic
5023	client is indigent pursuant to s. 27.52 and presentlyunable to
5024	pay. However, every reasonable effort to collect appropriate
5025	reimbursement for the cost of providing services to clients able
5026	to pay for the services, including reimbursement from insurance
5027	or other third-party payments, shall be made by facilities
5028	providing services pursuant to this chapter and in accordance
5029	with the provisions of s. 402.33.
5030	Section 118. Effective July 1, 2004, subsection (3) of
5031	section 916.15, Florida Statutes, is amended to read:
5032	916.15 Involuntary commitment of defendant adjudicated not
5033	guilty by reason of insanity.--
5034	(3) In all proceedings under this subsection, both the
5035	defendant and the state shall have the right to a hearing before
5036	the committing court. Evidence at such hearing may be presented
5037	by the hospital administrator or the administrator's designee as
5038	well as by the state and the defendant. The defendant shall have
5039	the right to counsel at any such hearing. In the event that a
5040	defendant is determined to be indigent pursuant to s. 27.52
5041	cannot afford counsel, the court shall appointthe public
5042	defender shalltorepresent the defendant. The parties shall
5043	have access to the defendant's records at the treating
5044	facilities and may interview or depose personnel who have had
5045	contact with the defendant at the treating facilities.
5046	Section 119. Section 938.01, Florida Statutes, as amended
5047	by section 77 of chapter 2002-402, Laws of Florida, is amended
5048	to read:
5049	938.01 Additional Court Cost Clearing Trust Fund.--
5050	(1) All courts created by Art. V of the State Constitution
5051	shall, in addition to any fine or other penalty, requireassess
5052	$3 as a court cost againstevery person convicted for violation
5053	of a state penal or criminal statute or convicted for violation
5054	of a municipal or county ordinance to pay $3 as a court cost.
5055	Any person whose adjudication is withheld pursuant to the
5056	provisions of s. 318.14(9) or (10) shall also be liable for
5057	payment ofbe assessedsuch cost. In addition, $3 from every
5058	bond estreature or forfeited bail bond related to such penal
5059	statutes or penal ordinances shall be remitted to the Department
5060	of Revenue as described in this subsection. However, no such
5061	assessment may be made against any person convicted for
5062	violation of any state statute, municipal ordinance, or county
5063	ordinance relating to the parking of vehicles.
5064	(a) All costs collected by the courts pursuant to this
5065	subsection shall be remitted to the Department of Revenue in
5066	accordance with administrative rules adopted by the executive
5067	director of the Department of Revenue for deposit in the
5068	Additional Court Cost Clearing Trust Fund. These funds and the
5069	funds deposited in the Additional Court Cost Clearing Trust Fund
5070	pursuant to s. 318.21(2)(c) shall be distributed as follows:
5071	1. Ninety-two percent to the Department of Law Enforcement
5072	Criminal Justice Standards and Training Trust Fund.
5073	2. Six and three-tenths percent to the Department of Law
5074	Enforcement Operating Trust Fund for the Criminal Justice Grant
5075	Program.
5076	3. One and seven-tenths percent to the Department of
5077	Children and Family Services Domestic Violence Trust Fund for
5078	the domestic violence program pursuant to s. 39.903(3).
5079	(b) The funds deposited in the Department of Law
5080	Enforcement Criminal Justice Standards and Training Trust Fund,
5081	the Department of Law Enforcement Operating Trust Fund, and the
5082	Department of Children and Family Services Domestic Violence
5083	Trust Fund may be invested. Any interest earned from investing
5084	such funds and any unencumbered funds remaining at the end of
5085	the budget cycle shall remain in the respective trust fund.
5086	(c) All funds in the Department of Law Enforcement
5087	Criminal Justice Standards and Training Trust Fund shall be
5088	disbursed only in compliance with s. 943.25(9).
5089	(2) Except as provided by s. 938.15 and notwithstanding
5090	any other provision of law, no funds collected and deposited
5091	pursuant to this section or s. 943.25 shall be expended unless
5092	specifically appropriated by the Legislature.
5093	Section 120. Section 938.03, Florida Statutes, is amended
5094	to read:
5095	938.03 Crimes Compensation Trust Fund.--
5096	(1) When Any person pleadingpleadsguilty or nolo
5097	contendere to, or beingisconvicted of or adjudicated
5098	delinquent for, any felony, misdemeanor, delinquent act, or
5099	criminal traffic offense under the laws of this state or the
5100	violation of any municipal or county ordinance which adopts by
5101	reference any misdemeanor under state law, there shall paybe
5102	imposedas an additional cost in the case, in addition and prior
5103	to any other cost required to be imposed by law, the sum of $50.
5104	Any person whose adjudication is withheld shall also be assessed
5105	such cost.
5106	(2) These costs shall not beare considered assessed
5107	unless specifically waived by the court. If the court does not
5108	order these costs, it shall state on the record, in detail, the
5109	reasons therefor.
5110	(3) In the event that the individual has been ordered to
5111	pay restitution in accordance with s. 775.089, costs referenced
5112	in this section shall be included in a judgment.
5113	(4) The clerk of the court shall collect and forward $49
5114	of each $50 collected to the Department of Revenue, to be
5115	deposited in the Crimes Compensation Trust Fund. The clerk shall
5116	retain the remaining $1 of each $50 collected as an additional
5117	cost bya service charge of the clerk's office. Under no
5118	condition shall a political subdivision be held liable for the
5119	payment of this sum of $50.
5120	Section 121. Effective July 1, 2004, section 938.05,
5121	Florida Statutes, is amended to read:
5122	938.05 Additional court costs for felonies, misdemeanors,
5123	and criminal traffic offensesLocal Government Criminal Justice
5124	Trust Fund.--
5125	(1) When Any person pleadingpleadsnolo contendere to a
5126	misdemeanor or criminal traffic offense under s. 318.14(10)(a)
5127	or pleadingpleads guilty or nolo contendere to, or beingis
5128	found guilty of, any felony, misdemeanor, or criminal traffic
5129	offense under the laws of this state or the violation of any
5130	municipal or county ordinance which adopts by reference any
5131	misdemeanor under state law, there shall paybe imposedas a
5132	cost in the case, in addition to any other cost required to be
5133	imposed by law, a sum in accordance with the following schedule:
5134	(a) Felonies..........................................$200
5135	(b) Misdemeanors.......................................$50
5136	(c) Criminal traffic offenses..........................$50
5137	(2) Payment of the additional court costs provided for in
5138	subsection (1) shall be made part of any plea agreement reached
5139	by the prosecuting attorney and defense counsel or the criminal
5140	defendant where the plea agreement provides for the defendant to
5141	plead guilty or nolo contendere to any felony, misdemeanor, or
5142	criminal traffic offense under the laws of this state or any
5143	municipal or county ordinance which adopts by reference any
5144	misdemeanor under state law.
5145	(3) The clerk of the court shall collect such additional
5146	costs for deposit in the fine and forfeiture fund established
5147	pursuant to s. 142.01and shall notify the agency supervising a
5148	person upon whom costs have been imposed upon full payment of
5149	fees. The clerk shall deposit all but $3 for each misdemeanor or
5150	criminal traffic case and all but $5 for each felony case in a
5151	special trust fund of the county. Such funds shall be used
5152	exclusively for those purposes set forth in s. 27.3455(3). The
5153	clerk shall retain $3 for each misdemeanor or criminal traffic
5154	case and $5 for each felony case of each scheduled amount
5155	collected as a service charge of the clerk's office. A
5156	political subdivision shall not be held liable for the payment
5157	of the additional costs imposed by this section.
5158	Section 122. Effective July 1, 2004, subsection (1) of
5159	section 938.06, Florida Statutes, is amended to read:
5160	938.06 Additional cost for crime stoppers programs.--
5161	(1) In addition to any fine prescribed by law for any
5162	criminal offense, there is hereby assessed as a court cost an
5163	additional surcharge of $20 on such fine, which shall be imposed
5164	by all county and circuit courts and collected by the clerks of
5165	the courts together with such fine. No political subdivision
5166	shall be held liable for payment of costs under this section.
5167	Section 123. Effective July 1, 2004, section 938.19,
5168	Florida Statutes, is amended to read:
5169	938.19 Teen courts; operation and administration.--
5170	Counties are hereby authorized to fund teen courts.
5171	Notwithstanding s. 318.121, in each county in which a teen court
5172	has been created, a county may adopt a mandatory cost to be
5173	assessed in specific cases as provided for in subsection (1) by
5174	incorporating by reference the provisions of this section in a
5175	county ordinance. Assessments collected by the clerk of the
5176	circuit court pursuant to this section shall be deposited into
5177	an account specifically for the operation and administration of
5178	the teen court:
5179	(1) A sum of $3, which shall be assessed as a court cost
5180	by both the circuit court and the county court in the county
5181	against every person who pleads guilty or nolo contendere to, or
5182	is convicted of, regardless of adjudication, a violation of a
5183	state criminal statute or a municipal ordinance or county
5184	ordinance or who pays a fine or civil penalty for any violation
5185	of chapter 316. Any person whose adjudication is withheld
5186	pursuant to the provisions of s. 318.14(9) or (10) shall also be
5187	assessed such cost. The $3 assessment for court costs shall be
5188	assessed in addition to any fine, civil penalty, or other court
5189	cost and shall not be deducted from the proceeds of that portion
5190	of any fine or civil penalty which is received by a municipality
5191	in the county or by the county in accordance with ss. 316.660
5192	and 318.21. The $3 assessment shall specifically be added to any
5193	civil penalty paid for a violation of chapter 316, whether such
5194	penalty is paid by mail, paid in person without request for a
5195	hearing, or paid after hearing and determination by the court.
5196	However, the $3 assessment shall not be made against a person
5197	for a violation of any state statutes, county ordinance, or
5198	municipal ordinance relating to the parking of vehicles, with
5199	the exception of a violation of the handicapped parking laws.
5200	The clerk of the circuit court shall collect the respective $3
5201	assessments for court costs established in this subsection and
5202	shall remit the same to the teen court monthly, less 5 percent,
5203	which is to be retained as fee income of the office of the clerk
5204	of the circuit court.
5205	(2) Such other moneys as become available for establishing
5206	and operating teen courts under the provisions of Florida law.
5207	Section 124. Section 938.27, Florida Statutes, is amended
5208	to read:
5209	938.27 Judgment for costs on conviction.--
5210	(1) In all criminal cases, convicted persons are liable
5211	for payment of the documentedcosts of prosecution, including
5212	investigative costs incurred by law enforcement agencies, by
5213	fire departments for arson investigations, and by investigations
5214	of the Division of Financial Investigations of the Department of
5215	Financial Services or the Office of Financial Regulation of the
5216	Financial Services CommissionBanking and Finance, if requested
5217	and documented by such agencies. These costs,shall be included
5218	and entered in the judgment rendered against the convicted
5219	person.
5220	(2) If the court does not enter costs, or orders only
5221	partial costs under this section, it shall state on the record
5222	the reasons therefor.
5223	(2)(3)(a) The court shallmay require that the defendant
5224	topay the costs within a specified period or in specified
5225	installments.
5226	(b) The end of such period or the last such installment
5227	shall not be later than:
5228	1. The end of the period of probation or community
5229	control, if probation or community control is ordered;
5230	2. Five years after the end of the term of imprisonment
5231	imposed, if the court does not order probation or community
5232	control; or
5233	3. Five years after the date of sentencing in any other
5234	case.
5235
5236	However, in no event shall the obligation to pay any unpaid
5237	amounts expire if not paid in full within the period specified
5238	in this paragraph.
5239	(c) If not otherwise provided by the court under this
5240	section, costs shall be paid immediately.
5241	(3)(4)If a defendant is placed on probation or community
5242	control, payment of any costs orderedunder this section shall
5243	be a condition of such probation or community control. The court
5244	may revoke probation or community control if the defendant fails
5245	to pay these costscomply with such order.
5246	(5) The court, in determining whether to order costs and
5247	the amount of such costs, shall consider the amount of the costs
5248	incurred, the financial resources of the defendant, the
5249	financial needs and earning ability of the defendant, and such
5250	other factors which it deems appropriate.
5251	(4)(6)Any dispute as to the proper amount or type of
5252	costs orderedshall be resolved by the court by the
5253	preponderance of the evidence. The burden of demonstrating the
5254	amount of costs incurred is on the state attorney. The burden of
5255	demonstrating the financial resources of the defendant and the
5256	financial needs of the defendant is on the defendant. The burden
5257	of demonstrating such other matters as the court deems
5258	appropriate is upon the party designated by the court as justice
5259	requires.
5260	(5)(7) Any default in payment of costs orderedmay be
5261	collected by any means authorized by law for enforcement of a
5262	judgment.
5263	(6)(8)The court may order The clerk of the court shallto
5264	collect and dispense cost payments in any case.
5265	(7)(9)Investigative costs which are recovered shall be
5266	returned to the appropriate investigative agency which incurred
5267	the expense. Costs shall include actual expenses incurred in
5268	conducting the investigation and prosecution of the criminal
5269	case; however, costs may also include the salaries of permanent
5270	employees. Any investigative costs recovered on behalf of a
5271	state agency must be remitted to the Department of Revenue for
5272	deposit in the agency operating trust fund, and a report of the
5273	payment must be sent to the agency.
5274	(8)(10)Costs that are collected by the state attorney
5275	under this section shall be deposited into the state attorney's
5276	grants and donations trust fund to be used during the fiscal
5277	year in which the funds are collected, or in any subsequent
5278	fiscal year, for actual expenses incurred in investigating and
5279	prosecuting criminal cases, which may include the salaries of
5280	permanent employees.
5281	Section 125. Section 938.29, Florida Statutes, is amended
5282	to read:
5283	938.29 Legal assistance; lien for payment of attorney's
5284	fees or costs.--
5285	(1)(a) A defendantThe court having jurisdiction over any
5286	defendant who has beendetermined to be guilty of a criminal act
5287	by a court or jury or through a plea of guilty or nolo
5288	contendere and who has received the assistance of the public
5289	defender's office, a special assistant public defender, or a
5290	conflict attorney shall be liable for payment ofassess
5291	attorney's fees and costs. The courtagainst the defendant at
5292	the sentencing hearing and shall determine the appropriate
5293	amount of the obligationand method of payment. Such costs shall
5294	may include, but not be limited to,the cost of depositions;
5295	cost of transcripts of depositions, including the cost of
5296	defendant's copy, which transcripts are certified by the
5297	defendant's attorney as having served a useful purpose in the
5298	disposition of the case; investigative costs; witness fees; the
5299	cost of psychiatric examinations; or other reasonable costs
5300	specially incurred by the state and the clerk of courtcounty
5301	for the defense of the defendant in criminal prosecutions within
5302	the county. Costs shall not include expenses inherent in
5303	providing a constitutionally guaranteed jury trial or
5304	expenditures in connection with the maintenance and operation of
5305	government agencies that must be made by the public irrespective
5306	of specific violations of law. Any costs assessed pursuant to
5307	this paragraph shall be reduced by any amount assessed against a
5308	defendant pursuant to s. 938.05.
5309	(b) Upon entering a judgment of conviction, the trial
5310	court shall order the defendant shall be liable to pay the costs
5311	assessed by the court in full, or within a time certain as set
5312	by the court,after the judgment of conviction becomes final.
5313	(c) After assessment of the application fee under s.
5314	27.52(1)(c) and attorney's fees and costs, the court shall order
5315	The defendant shallto pay the application fee under s.
5316	27.52(2)(a) andattorney's fees and costs in full or in
5317	installments, at the time or times specified. The court may
5318	order payment of the assessed application fee and attorney's
5319	fees and costs as a condition of probation, of suspension of
5320	sentence, or of withholding the imposition of sentence.
5321	Attorney's fees and costs collected under this section shall be
5322	deposited into the General Revenue Fund.All fees and costs may
5323	be assessed under one judgment.
5324	(2)(a) When payment of the application fee and attorney's
5325	fees and costs has been ordered by the court,There is created
5326	in the name of the statecounty in which such assistance was
5327	rendereda lien, enforceable as hereinafter provided, upon all
5328	the property, both real and personal, of any person who:
5329	1. Has received any assistance from any public defender of
5330	the state, from any special assistant public defender, or from
5331	any conflict attorney; or
5332	2. Is a parent of an accused minor or an accused adult
5333	tax-dependent person who is being, or has been, represented by
5334	any public defender of the state, by any special assistant
5335	public defender, or by a conflict attorney.
5336
5337	Such lien constitutes a claim against the defendant-recipient or
5338	parent and his or her estate, enforceable according to law, in
5339	an amount to be determined by the court in which such assistance
5340	was rendered.
5341	(b) Immediately after the issuance of an order for the
5342	payment of the application fee and attorney's fees and costs,A
5343	judgment showing the name and residence of the defendant-
5344	recipient or parent shall be filed for record in the office of
5345	the clerk of the circuit court in the county where the
5346	defendant-recipient or parent resides and in each county in
5347	which such defendant-recipient or parent then owns or later
5348	acquires any property. Such judgments shall be enforced on
5349	behalf of the statecounty by the clerk of the circuit court
5350	board of countycommissionersof the county in which assistance
5351	was rendered.
5352	(3) The clerk of the circuit court within the countyboard
5353	of county commissioners of the countywherein the defendant-
5354	recipient was tried or received the services of a public
5355	defender, special assistant public defender, or appointed
5356	private legal counsel shall enforce, satisfy, compromise,
5357	settle, subordinate, release, or otherwise dispose of any debt
5358	or lien imposed under this section. A defendant-recipient or
5359	parent, liablewho has been orderedto pay attorney's fees or
5360	costs and who is not in willful default in the payment thereof,
5361	may, at any time, petition the court which entered the order for
5362	deferralremissionof the payment of attorney's fees or costs or
5363	of any unpaid portion thereof. If it appears to the
5364	satisfaction of the court that payment of the amount due will
5365	impose manifest hardship on such person or his or her immediate
5366	family, the court may remit all or part of the amount due in
5367	attorney's fees or costs or may modify the method of payment.
5368	(4) The clerkboard of county commissionersof the county
5369	claiming such lien is authorized to contract with a private
5370	attorney orcollection agency for collection of such debts or
5371	liens, provided the fee for such collection shall be on a
5372	contingent basis not to exceed 50 percent of the recovery.
5373	However, no fee shall be paid to any collection agency by reason
5374	of foreclosure proceedings against real property or from the
5375	proceeds from the sale or other disposition of real property.
5376	(5) No lien thus created shall be foreclosed upon the
5377	homestead of such defendant-recipient or parent, nor shall any
5378	defendant-recipient or parent liable for payment ofwho is
5379	ordered to payattorney's fees or costs be denied any of the
5380	protections afforded any other civil judgment debtor.
5381	(6) The court having jurisdiction of the defendant-
5382	recipient shallmay, at such stage of the proceedings as the
5383	court may deem appropriate, determine the value of the services
5384	of the public defender, special assistant public defender, or
5385	appointed private legal counsel and costs, at which time the
5386	defendant-recipient or parent, after adequate notice thereof,
5387	shall have opportunity to be heard and offer objection to the
5388	determination, and to be represented by counsel, with due
5389	opportunity to exercise and be accorded the procedures and
5390	rights provided in the laws and court rules pertaining to civil
5391	cases at law.
5392	Section 126. Subsections (1), (2), (9), (10), (11), (12),
5393	(13), and (14) of section 938.30, Florida Statutes, are amended
5394	to read:
5395	938.30 Court-imposedFinancial obligations in criminal
5396	cases; supplementary proceedings.--
5397	(1) Any person liable for payment ofwho has been ordered
5398	to payany financial obligation in any criminal case is subject
5399	to the provisions of this section. Courts operating under the
5400	provisions of this section shall have jurisdiction over such
5401	court-imposedfinancial obligations to ensure compliance.
5402	(2) The court may require a person liable for payment of
5403	ordered to payan obligation to appear and be examined under
5404	oath concerning the person's financial ability to pay the
5405	obligation. The court may reduce a person's court-ordered
5406	financial obligation based on the court's determination of the
5407	person's ability to pay the obligation.The judge may convert
5408	the statutory financialcourt-ordered obligation intotopay
5409	court costs toa court-ordered obligation to perform community
5410	service after examining a person under oath and determining a
5411	person's inability to pay. Any person failing to attend a
5412	hearing may be arrested on warrant or capias which may be issued
5413	by the clerk upon order of the court.
5414	(9) Any person failing to appear or willfully failing to
5415	comply with an order under this section, including an order to
5416	comply with a payment schedule established by the clerk of
5417	court, may be held in civil contempt.
5418	(10) Administrative costs incurred in enforcing compliance
5419	under this section shall be paid bymay be assessed againstthe
5420	person. Such costs may include postage, copying, docketing fees,
5421	service fees, court reporter's fees, and reimbursements for the
5422	costs of processing bench warrants and pickup orders. Reasonable
5423	attorney's fees may be assessed at the court's discretion.
5424	Judges may assess such administrative costs and attorney's fees
5425	against the person as the court deems necessary to offset such
5426	fees andcosts incurred under this section.
5427	(11) The court may refer any proceeding under this section
5428	to a special master who shall report findings and make
5429	recommendations to the court. The court shall act on such
5430	recommendations within a reasonable amount of time.
5431	(12) A record of court-imposed financial obligations
5432	collected by the clerk of court under the provisions of this
5433	section shall be reported quarterly by the clerk of court to the
5434	chief judge of the judicial circuit.
5435	(13) Court-imposed financial obligations arising from
5436	criminal cases which are past due, and which have been reduced
5437	to judgment by the court, may be referred by the county
5438	commission to a collection agent who is registered and in good
5439	standing pursuant to chapter 559 or a private attorney. Such
5440	referrals must be made in accordance with established bid
5441	practices.
5442	(12)(14)The provisions of this section may be used in
5443	addition to, or in lieu of, other provisions of law for
5444	enforcing payment of court-imposed financial obligations in
5445	criminal cases. The court may enter any orders necessary to
5446	carry out the purposes of this section.
5447	Section 127. Section 938.35, Florida Statutes, is amended
5448	to read:
5449	938.35 Collection of court-related financial obligations.-
5450	-The board of county commissioners may pursue the collection of
5451	any fines, court costs, or other costs to which it is entitled
5452	which remain unpaid for 90 days or more, or refer such
5453	collection to a private attorney who is a member in good
5454	standing of The Florida Bar or collection agent who is
5455	registered and in good standing pursuant to chapter 559. In
5456	pursuing the collection of such unpaid financial obligations
5457	through a private attorney or collection agent, the board of
5458	county commissioners must determine this is cost-effective and
5459	follow applicable procurement practices.Any provision of law
5460	notwithstanding, a county may pursue the collection of any
5461	fines, court costs, or other costs imposed by the court which
5462	remain unpaid for 90 days or more, or refer such collection to a
5463	private attorney who is a member in good standing of The Florida
5464	Bar or collection agent who is registered and in good standing
5465	pursuant to chapter 559. In pursuing the collection of such
5466	unpaid financial obligations through a private attorney or
5467	collection agent, the governing body of the county must
5468	determine that such collection is cost-effective and the county
5469	must follow applicable procurement practices. The costs of
5470	collection, including a reasonable attorney's fee, may be
5471	recovered, except that such fees and costs of collection may not
5472	exceed 40 percent of the total fines and costs owed.
5473	Section 128. Effective July 1, 2004, section 939.06,
5474	Florida Statutes, is amended to read:
5475	939.06 Acquitted defendant not liable for costs.--No
5476	defendant in a criminal prosecution who is acquitted or
5477	discharged shall be liable for any costs or fees of the court or
5478	any ministerial office, or for any charge of subsistence while
5479	detained in custody. If the defendant shall have paid any
5480	taxable costs in the case, the clerk or judge shall give him or
5481	her a certificate of the payment of such costs, with the items
5482	thereof, which, when audited and approved according to law,
5483	shall be refunded to the defendant by the county.
5484	Section 129. Effective July 1, 2004, section 939.08,
5485	Florida Statutes, is amended to read:
5486	939.08 Costs to be certified by county commissioners
5487	before audit.--In all cases wherein is claimed the payment of
5488	bills of costs, fees,or expenses, other than juror and witness
5489	fees, in the adjudicationprosecution of any criminal case which
5490	are payable by the statecounty, the entity incurring the
5491	expense shall submit an itemized bill or statement thereof shall
5492	besubmitted to the trial court administrator of the circuit or
5493	Justice Administrative Commission, as applicable.county
5494	commissioners of the county in which such cases are prosecuted,
5495	and The claimsame shall not be paid until the applicable entity
5496	hasboard of county commissioners shall haveapproved it and
5497	certified thereon that the same is just, correct,and
5498	reasonable, and containsthat no unnecessary or illegal item is
5499	containedtherein.
5500	Section 130. Effective July 1, 2004, section 939.12,
5501	Florida Statutes, is amended to read:
5502	939.12 Cost against state in Supreme Court.--The clerk of
5503	the Supreme Court shall give, upon application, a certified copy
5504	of any judgment against the state upon appeal in criminal cases,
5505	and the statecounty commissioners of the county from the court
5506	of which such appeal was takenshall pay the same to the
5507	appellant, or the appellant's agent or attorney, on demand.
5508	Section 131. For the purpose of incorporating the
5509	amendments made by this act to sections 27.51 and 27.53, Florida
5510	Statutes, in references thereto, effective July 1, 2004, section
5511	943.053, Florida Statutes, as otherwise amended is reenacted to
5512	read:
5513	943.053 Dissemination of criminal justice information;
5514	fees.--
5515	(1) The Department of Law Enforcement shall disseminate
5516	criminal justice information only in accordance with federal and
5517	state laws, regulations, and rules.
5518	(2) Criminal justice information derived from federal
5519	criminal justice information systems or criminal justice
5520	information systems of other states shall not be disseminated in
5521	a manner inconsistent with the laws, regulations, or rules of
5522	the originating agency.
5523	(3) Criminal history information, including information
5524	relating to minors, compiled by the Criminal Justice Information
5525	Program from intrastate sources shall be available on a priority
5526	basis to criminal justice agencies for criminal justice purposes
5527	free of charge and, otherwise, to governmental agencies not
5528	qualified as criminal justice agencies on an approximate-cost
5529	basis. After providing the program with all known identifying
5530	information, persons in the private sector may be provided
5531	criminal history information upon tender of fees as established
5532	and in the manner prescribed by rule of the Department of Law
5533	Enforcement. Such fees shall approximate the actual cost of
5534	producing the record information. As used in this subsection,
5535	the department's determination of actual cost shall take into
5536	account the total cost of creating, storing, maintaining,
5537	updating, retrieving, improving, and providing criminal history
5538	information in a centralized, automated database, including
5539	personnel, technology, and infrastructure expenses. Actual cost
5540	shall be computed on a fee-per-record basis, and any access to
5541	criminal history information by the private sector as provided
5542	in this subsection shall be assessed the per-record fee without
5543	regard to the quantity or category of criminal history record
5544	information requested. Fees may be waived by the executive
5545	director of the Department of Law Enforcement for good cause
5546	shown.
5547	(4) Criminal justice information provided by the
5548	Department of Law Enforcement shall be used only for the purpose
5549	stated in the request.
5550	(5) Notwithstanding any other provision of law, the
5551	department shall provide to the Florida Department of Revenue
5552	Child Support Enforcement access to Florida criminal records
5553	which are not exempt from disclosure under chapter 119, and to
5554	such information as may be lawfully available from other states
5555	via the National Law Enforcement Telecommunications System, for
5556	the purpose of locating subjects who owe or potentially owe
5557	support, as defined in s. 409.2554, or to whom such obligation
5558	is owed pursuant to Title IV-D of the Social Security Act. Such
5559	information may be provided to child support enforcement
5560	authorities in other states for these specific purposes.
5561	(6) Notwithstanding any other provision of law, the
5562	department shall provide to each office of the public defender
5563	on-line access to criminal records of this state which are not
5564	exempt from disclosure under chapter 119 or confidential under
5565	law. Such access shall be used solely in support of the duties
5566	of a public defender as provided in s. 27.51 or of any attorney
5567	specially assigned as authorized in s. 27.53 in the
5568	representation of any person who is determined indigent as
5569	provided in s. 27.52. The costs of establishing and maintaining
5570	such on-line access shall be borne by the office to which the
5571	access has been provided.
5572	(7) Notwithstanding the provisions of s. 943.0525, and any
5573	user agreements adopted pursuant thereto, and notwithstanding
5574	the confidentiality of sealed records as provided for in s.
5575	943.059, the sheriff of any county that has contracted with a
5576	private entity to operate a county detention facility pursuant
5577	to the provisions of s. 951.062 shall provide that private
5578	entity, in a timely manner, copies of the Florida criminal
5579	history records for its inmates. The sheriff may assess a charge
5580	for the Florida criminal history records pursuant to the
5581	provisions of chapter 119. Sealed records received by the
5582	private entity under this section remain confidential and exempt
5583	from the provisions of s. 119.07(1).
5584	(8) Notwithstanding the provisions of s. 943.0525, and any
5585	user agreements adopted pursuant thereto, and notwithstanding
5586	the confidentiality of sealed records as provided for in s.
5587	943.059, the Department of Corrections shall provide, in a
5588	timely manner, copies of the Florida criminal history records
5589	for inmates housed in a private state correctional facility to
5590	the private entity under contract to operate the facility
5591	pursuant to the provisions of s. 944.105 or s. 957.03. The
5592	department may assess a charge for the Florida criminal history
5593	records pursuant to the provisions of chapter 119. Sealed
5594	records received by the private entity under this section remain
5595	confidential and exempt from the provisions of s. 119.07(1).
5596	(9) Notwithstanding the provisions of s. 943.0525 and any
5597	user agreements adopted pursuant thereto, and notwithstanding
5598	the confidentiality of sealed records as provided for in s.
5599	943.059, the Department of Juvenile Justice or any other state
5600	or local criminal justice agency may provide copies of the
5601	Florida criminal history records for juvenile offenders
5602	currently or formerly detained or housed in a contracted
5603	juvenile assessment center or detention facility or serviced in
5604	a contracted treatment program and for employees or other
5605	individuals who will have access to these facilities, only to
5606	the entity under direct contract with the Department of Juvenile
5607	Justice to operate these facilities or programs pursuant to the
5608	provisions of s. 985.411. The criminal justice agency providing
5609	such data may assess a charge for the Florida criminal history
5610	records pursuant to the provisions of chapter 119. Sealed
5611	records received by the private entity under this section remain
5612	confidential and exempt from the provisions of s. 119.07(1).
5613	Information provided under this section shall be used only for
5614	the criminal justice purpose for which it was requested and may
5615	not be further disseminated.
5616	Section 132. Effective July 1, 2004, section 947.18,
5617	Florida Statutes, is amended to read:
5618	947.18 Conditions of parole.--No person shall be placed on
5619	parole merely as a reward for good conduct or efficient
5620	performance of duties assigned in prison. No person shall be
5621	placed on parole until and unless the commission finds that
5622	there is reasonable probability that, if the person is placed on
5623	parole, he or she will live and conduct himself or herself as a
5624	respectable and law-abiding person and that the person's release
5625	will be compatible with his or her own welfare and the welfare
5626	of society. No person shall be placed on parole unless and until
5627	the commission is satisfied that he or she will be suitably
5628	employed in self-sustaining employment or that he or she will
5629	not become a public charge. The commission shall determine the
5630	terms upon which such person shall be granted parole. If the
5631	person's conviction was for a controlled substance violation,
5632	one of the conditions must be that the person submit to random
5633	substance abuse testing intermittently throughout the term of
5634	supervision, upon the direction of the correctional probation
5635	officer as defined in s. 943.10(3). In addition to any other
5636	lawful condition of parole, the commission may make the payment
5637	of the debt due and owing to the state under s. 960.17 or the
5638	payment of the attorney's fees and costs due and owing to the
5639	statea countyunder s. 938.29 a condition of parole subject to
5640	modification based on change of circumstances.
5641	Section 133. Effective July 1, 2004, paragraph (i) of
5642	subsection (1) of section 948.03, Florida Statutes, is amended
5643	to read:
5644	948.03 Terms and conditions of probation or community
5645	control.--
5646	(1) The court shall determine the terms and conditions of
5647	probation or community control. Conditions specified in
5648	paragraphs (a)-(m) do not require oral pronouncement at the time
5649	of sentencing and may be considered standard conditions of
5650	probation. Conditions specified in paragraphs (a)-(m) and (2)(a)
5651	do not require oral pronouncement at sentencing and may be
5652	considered standard conditions of community control. These
5653	conditions may include among them the following, that the
5654	probationer or offender in community control shall:
5655	(i) Pay any application fee assessed under s.
5656	27.52(2)(a)(1)(c)and attorney's fees and costs assessed under
5657	s. 938.29, subject to modification based on change of
5658	circumstances.
5659	Section 134. Effective July 1, 2004, paragraphs (a) and
5660	(l) of subsection (1) of section 960.001, Florida Statutes, are
5661	amended to read:
5662	960.001 Guidelines for fair treatment of victims and
5663	witnesses in the criminal justice and juvenile justice systems.-
5664	-
5665	(1) The Department of Legal Affairs, the state attorneys,
5666	the Department of Corrections, the Department of Juvenile
5667	Justice, the Parole Commission, the State Courts Administrator
5668	and circuit court administrators, the Department of Law
5669	Enforcement, and every sheriff's department, police department,
5670	or other law enforcement agency as defined in s. 943.10(4) shall
5671	develop and implement guidelines for the use of their respective
5672	agencies, which guidelines are consistent with the purposes of
5673	this act and s. 16(b), Art. I of the State Constitution and are
5674	designed to implement the provisions of s. 16(b), Art. I of the
5675	State Constitution and to achieve the following objectives:
5676	(a) Information concerning services available to victims
5677	of adult and juvenile crime.--Witness coordination officesAs
5678	provided in s. 27.0065, state attorneys and public defenders
5679	43.35shall gather information regarding the following services
5680	in the geographic boundaries of their respective circuits and
5681	shall provide such information to each law enforcement agency
5682	with jurisdiction within such geographic boundaries. Law
5683	enforcement personnel shall ensure, through distribution of a
5684	victim's rights information card or brochure at the crime scene,
5685	during the criminal investigation, and in any other appropriate
5686	manner, that victims are given, as a matter of course at the
5687	earliest possible time, information about:
5688	1. The availability of crime victim compensation, when
5689	applicable;
5690	2. Crisis intervention services, supportive or bereavement
5691	counseling, social service support referrals, and community-
5692	based victim treatment programs;
5693	3. The role of the victim in the criminal or juvenile
5694	justice process, including what the victim may expect from the
5695	system as well as what the system expects from the victim;
5696	4. The stages in the criminal or juvenile justice process
5697	which are of significance to the victim and the manner in which
5698	information about such stages can be obtained;
5699	5. The right of a victim, who is not incarcerated,
5700	including the victim's parent or guardian if the victim is a
5701	minor, the lawful representative of the victim or of the
5702	victim's parent or guardian if the victim is a minor, and the
5703	next of kin of a homicide victim, to be informed, to be present,
5704	and to be heard when relevant, at all crucial stages of a
5705	criminal or juvenile proceeding, to the extent that this right
5706	does not interfere with constitutional rights of the accused, as
5707	provided by s. 16(b), Art. I of the State Constitution;
5708	6. In the case of incarcerated victims, the right to be
5709	informed and to submit written statements at all crucial stages
5710	of the criminal proceedings, parole proceedings, or juvenile
5711	proceedings; and
5712	7. The right of a victim to a prompt and timely
5713	disposition of the case in order to minimize the period during
5714	which the victim must endure the responsibilities and stress
5715	involved to the extent that this right does not interfere with
5716	the constitutional rights of the accused.
5717	(l) Local witness coordination servicescoordinating
5718	office.--The requirements for notification provided for in
5719	paragraphs (b), (d), (f), and (i) may be performed by the state
5720	attorney or public defender as provided inlocal witness
5721	coordinating office established by s. 27.006543.35, as
5722	appropriate.
5723	Section 135. Effective July 1, 2004, paragraph (a) of
5724	subsection (1) of section 984.08, Florida Statutes, is amended
5725	to read:
5726	984.08 Attorney's fees.--
5727	(1) The court may appoint an attorney to represent a
5728	parent or legal guardian under this chapter only upon a finding
5729	that the parent or legal guardian is indigent.
5730	(a) The finding of indigenceindigencyof any parent or
5731	legal guardian may be made by the court at any stage of the
5732	proceedings. Any parent or legal guardian claiming indigence
5733	indigencyshall file with the court an affidavit containing the
5734	factual information required in paragraphs (c) and (d).
5735	Section 136. Effective July 1, 2004, subsections (1), (2),
5736	and (3) of section 985.203, Florida Statutes, are amended to
5737	read:
5738	985.203 Right to counsel.--
5739	(1) A child is entitled to representation by legal counsel
5740	at all stages of any proceedings under this part. If the child
5741	and the parents or other legal guardian are indigent and unable
5742	to employ counsel for the child, the court shall appoint counsel
5743	pursuant to s. 27.52. Determination of indigenceindigencyand
5744	costs of representation shall be as provided by ss. 27.52 and
5745	938.29. Legal counsel representing a child who exercises the
5746	right to counsel shall be allowed to provide advice and counsel
5747	to the child at any time subsequent to the child's arrest,
5748	including prior to a detention hearing while in secure detention
5749	care. A child shall be represented by legal counsel at all
5750	stages of all court proceedings unless the right to counsel is
5751	freely, knowingly, and intelligently waived by the child. If the
5752	child appears without counsel, the court shall advise the child
5753	of his or her rights with respect to representation of court-
5754	appointed counsel.
5755	(2) If the parents or legal guardian of an indigent child
5756	are not indigent but refuse to employ counsel, the court shall
5757	appoint counsel pursuant to s. 27.52(3)(2)(d) to represent the
5758	child at the detention hearing and until counsel is provided.
5759	Costs of representation are hereby imposedshall be assessedas
5760	provided by ss. 27.52(3)(2)(d) and 938.29. Thereafter, the court
5761	shall not appoint counsel for an indigent child with nonindigent
5762	parents or legal guardian but shall order the parents or legal
5763	guardian to obtain private counsel. A parent or legal guardian
5764	of an indigent child who has been ordered to obtain private
5765	counsel for the child and who willfully fails to follow the
5766	court order shall be punished by the court in civil contempt
5767	proceedings.
5768	(3) An indigent child with nonindigent parents or legal
5769	guardian may have counsel appointed pursuant to s. 27.52(2)(d)
5770	if the parents or legal guardian have willfully refused to obey
5771	the court order to obtain counsel for the child and have been
5772	punished by civil contempt and then still have willfully refused
5773	to obey the court order. Costs of representation are hereby
5774	imposedshall be assessedas provided by ss. 27.52(2)(d) and
5775	938.29.
5776	Section 137. Effective July 1, 2004, paragraph (b) of
5777	subsection (6) of section 985.215, Florida Statutes, is amended
5778	to read:
5779	985.215 Detention.--
5780	(6)
5781	(b) At the time of the detention hearing, the department
5782	shall report to the court, verbally or in writing, any available
5783	information concerning the ability of the parent or guardian of
5784	the child to pay such fee. If the court makes a finding of
5785	indigenceindigency, the parent or guardian shall pay to the
5786	department a nominal subsistence fee of $2 per day that the
5787	child is securely detained outside the home or $1 per day if the
5788	child is otherwise detained in lieu of other fees related to the
5789	parent's obligation for the child's cost of care. The nominal
5790	subsistence fee may only be waived or reduced if the court makes
5791	a finding that such payment would constitute a significant
5792	financial hardship. Such finding shall be in writing and shall
5793	contain a detailed description of the facts that led the court
5794	to make both the finding of indigenceindigencyand the finding
5795	of significant financial hardship.
5796	Section 138. Effective July 1, 2004, paragraph (b) of
5797	subsection (1) of section 985.231, Florida Statutes, is amended
5798	to read:
5799	985.231 Powers of disposition in delinquency cases.--
5800	(1)
5801	(b)1. When any child is adjudicated by the court to have
5802	committed a delinquent act and temporary legal custody of the
5803	child has been placed with a licensed child-caring agency or the
5804	Department of Juvenile Justice, the court shall order the
5805	parents of such child to pay fees to the department in the
5806	amount of $5 per day that the child is under the care or
5807	supervision of the department in order to partially offset the
5808	cost of the care, support, maintenance, and other usual and
5809	ordinary obligations of parents to provide for the needs of
5810	their children while in the recommended residential commitment
5811	level, unless the court makes a finding on the record that the
5812	parent or guardian of the child is indigent.
5813	2. No later than the disposition hearing, the department
5814	shall provide the court with information concerning the actual
5815	cost of care, support, and maintenance of the child in the
5816	recommended residential commitment level and concerning the
5817	ability of the parent or guardian of the child to pay any fees.
5818	If the court makes a finding of indigenceindigency, the parent
5819	or guardianship shall pay to the department a nominal
5820	subsistence fee of $2 per day that the child is committed
5821	outside the home or $1 per day if the child is otherwise
5822	supervised in lieu of other fees related to the parents'
5823	obligation for the child's cost of care. The nominal subsistence
5824	fee may only be waived or reduced if the court makes a finding
5825	that such payment would constitute a significant financial
5826	hardship. Such finding shall be in writing and shall contain a
5827	detailed description of the facts that led the court to make
5828	both the finding of indigenceindigencyand the finding of
5829	significant financial hardship.
5830	3. In addition, the court may reduce the fees or waive the
5831	fees as to each parent or guardian if the court makes a finding
5832	on the record that the parent or guardian was the victim of the
5833	delinquent act or violation of law for which the child is
5834	subject to placement under this section and that the parent or
5835	guardian has cooperated in the investigation and prosecution of
5836	the offense.
5837	4. All orders committing a child to a residential
5838	commitment program shall include specific findings as to what
5839	fees are ordered, reduced, or waived. If the court fails to
5840	enter an order as required by this paragraph, it shall be
5841	presumed that the court intended the parent or guardian to pay
5842	fees to the department in an amount of $5 per day related to the
5843	care, support, and maintenance of the child. With regard to a
5844	child who reaches the age of 18 prior to the disposition
5845	hearing, the court may elect to direct an order required by this
5846	paragraph to such child, rather than the parent or guardian.
5847	With regard to a child who reaches the age of 18 while in the
5848	custody of the department, the court may, upon proper motion of
5849	any party, hold a hearing as to whether any party should be
5850	further obligated respecting the payment of fees. When the order
5851	affects the guardianship estate, a certified copy of the order
5852	shall be delivered to the judge having jurisdiction of the
5853	guardianship estate.
5854	5. The clerk of the circuit court shall act as a
5855	depository for these fees. Upon each payment received, the clerk
5856	of the circuit court shall receive a fee from the total payment
5857	of 3 percent of any payment made except that no fee shall be
5858	less than $1 nor more than $5 per payment made. This fee shall
5859	serve as a service charge for the administration, management,
5860	and maintenance of each payment. At the end of each month, the
5861	clerk of the circuit court shall send all money collected under
5862	this section to the state Grants and Donations Trust Fund.
5863	6. The parent or guardian shall provide to the department
5864	the parent or guardian's name, address, social security number,
5865	state of birth, and driver's license number or identification
5866	card number and sufficient financial information for the
5867	department to be able to determine the parent or guardian's
5868	ability to pay. If the parent or guardian refuses to provide the
5869	department with any identifying information or financial
5870	information, the court shall order the parent to comply and may
5871	pursue contempt of court sanctions for failure to comply.
5872	7. The department may employ a collection agency for the
5873	purpose of receiving, collecting, and managing the payment of
5874	unpaid and delinquent fees. The collection agency must be
5875	registered and in good standing under chapter 559. The
5876	department may pay to the collection agency a fee from the
5877	amount collected under the claim or may authorize the agency to
5878	deduct the fee from the amount collected. The department may
5879	also pay for collection services from available authorized
5880	funds.
5881	8. The department may enter into agreements with parents
5882	or guardians to establish a schedule of periodic payments if
5883	payment of the obligation in full presents an undue hardship.
5884	Any such agreement may provide for payment of interests
5885	consistent with prevailing loan rates.
5886	9. The Department of Juvenile Justice shall provide to the
5887	payor documentation of any amounts paid by the payor to the
5888	Department of Juvenile Justice on behalf of the child. All
5889	payments received by the department pursuant to this subsection
5890	shall be deposited in the state Grants and Donations Trust Fund.
5891	10. Neither the court nor the department may extend the
5892	child's length of stay in placement care solely for the purpose
5893	of collecting fees.
5894	Section 139. Effective July 1, 2004, paragraph (d) of
5895	subsection (4) of section 985.233, Florida Statutes, is amended
5896	to read:
5897	985.233 Sentencing powers; procedures; alternatives for
5898	juveniles prosecuted as adults.--
5899	(4) SENTENCING ALTERNATIVES.--
5900	(d) Recoupment of cost of care in juvenile justice
5901	facilities.--
5902	1. When the court orders commitment of a child to the
5903	Department of Juvenile Justice for treatment in any of the
5904	department's programs for children, the court shall order the
5905	parents of such child to pay fees in the amount of $5 per day
5906	that the child is under the care or supervision of the
5907	department in order to partially offset the cost of the care,
5908	support, maintenance, and other usual and ordinary obligations
5909	of parents to provide for the needs of their children, unless
5910	the court makes a finding on the record that the parent or legal
5911	guardian of the child is indigent.
5912	2. Prior to commitment, the department shall provide the
5913	court with information concerning the actual cost of care in the
5914	recommended residential commitment level and concerning the
5915	ability of the parent or guardian of the child to pay specified
5916	fees. If the court makes a finding of indigenceindigency, the
5917	parent or guardian shall pay to the department a nominal
5918	subsistence fee of $2 per day that the child is committed
5919	outside the home or $1 per day if the child is otherwise
5920	supervised in lieu of other fees related to the parent's
5921	obligation for the child's cost of care. The nominal subsistence
5922	fee may only be waived or reduced if the court makes a finding
5923	that such payment would constitute a significant financial
5924	hardship. Such finding shall be in writing and shall contain a
5925	detailed description of the facts that led the court to make
5926	both the finding of indigenceindigencyand the finding of
5927	significant financial hardship.
5928	3. In addition, the court may reduce the fees or waive the
5929	fees as to each parent or guardian if the court makes a finding
5930	on the record that the parent or guardian was the victim of the
5931	delinquent act or violation of law for which the child is
5932	subject to commitment under this section and that the parent or
5933	guardian has cooperated in the investigation and prosecution of
5934	the offense. When the order affects the guardianship estate, a
5935	certified copy of the order shall be delivered to the judge
5936	having jurisdiction of the guardianship estate.
5937	4. All orders committing a child to a residential
5938	commitment program shall include specific findings as to what
5939	fees are ordered, reduced, or waived. If the court fails to
5940	enter an order as required by this paragraph, it shall be
5941	presumed that the court intended the parent or guardian to pay
5942	fees to the department in an amount of $5 per day related to the
5943	care, support, and maintenance of the child. With regard to a
5944	child who reaches the age of 18 prior to the disposition
5945	hearing, the court may elect to direct an order required by this
5946	paragraph to such child, rather than the parent or guardian.
5947	With regard to a child who reaches the age of 18 while in the
5948	custody of the department, the court may, upon proper motion of
5949	any party, hold a hearing as to whether any party should be
5950	further obligated respecting the payment of fees.
5951	5. The clerk of the circuit court shall act as a
5952	depository for these fees. Upon each payment received, the clerk
5953	of the circuit court shall receive a fee from the total payment
5954	of 3 percent of any payment made except that no fee shall be
5955	less than $1 nor more than $5 per payment made. This fee shall
5956	serve as a service charge for the administration, management,
5957	and maintenance of each payment. At the end of each month, the
5958	clerk of the circuit court shall send all money collected under
5959	this section to the state Grants and Donations Trust Fund.
5960	6. The parent or guardian shall provide to the department
5961	the parent or guardian's name, address, social security number,
5962	date of birth, and driver's license number or identification
5963	card number and sufficient financial information for the
5964	department to be able to determine the parent or guardian's
5965	ability to pay. If the parent or guardian refuses to provide the
5966	department with any identifying information or financial
5967	information, the court shall order the parent to comply and may
5968	pursue contempt of court sanctions for failure to comply.
5969	7. The department may employ a collection agency for the
5970	purpose of receiving, collecting, and managing the payment of
5971	unpaid and delinquent fees. The collection agency must be
5972	registered and in good standing under chapter 559. The
5973	department may pay to the collection agency a fee from the
5974	amount collected under the claim or may authorize the agency to
5975	deduct the fee from the amount collected. The department may
5976	also pay for collection services from available authorized
5977	funds. The Department of Juvenile Justice shall provide to the
5978	payor documentation of any amounts paid by the payor to the
5979	Department of Juvenile Justice on behalf of the child. All
5980	payments received by the department pursuant to this subsection
5981	shall be deposited in the state Grants and Donations Trust Fund.
5982	8. Neither the court nor the department may extend the
5983	child's length of stay in commitment care solely for the purpose
5984	of collecting fees.
5985
5986	It is the intent of the Legislature that the criteria and
5987	guidelines in this subsection are mandatory and that a
5988	determination of disposition under this subsection is subject to
5989	the right of the child to appellate review under s. 985.234.
5990	Section 140. The Department of Financial Services shall
5991	undertake a review of the Florida Accounting Information
5992	Resource subsystem and Uniform Accounting System Manual in
5993	accounting for state and county expenditures and revenues
5994	associated with Article V of the Florida Constitution. Necessary
5995	revisions to account codes, account descriptions, categories,
5996	and object codes shall be implemented prior to July 1, 2004. In
5997	completing this review, the department shall consult with clerks
5998	of court, county commissioners, judges, state attorneys, and
5999	public defenders. The Auditor General shall provide technical
6000	advice to the department in undertaking this review.
6001	Section 141. Effective July 1, 2003, the Chief Financial
6002	Officer shall undertake a study to determine county expenditures
6003	for court-related services for the county fiscal year ended
6004	September 30, 2002. The Chief Financial Officer shall provide
6005	the form and manner in which the clerks of court, or the
6006	appropriate county officer in those counties where the clerk of
6007	court is not the county's chief financial officer, shall submit
6008	expenditure data and the timeframes within which the data must
6009	be provided. The clerks of court, state attorneys, public
6010	defenders, court administrators, boards of county commissioners,
6011	and sheriffs shall assist the Chief Financial Officer in the
6012	collection of the necessary expenditure data. The Legislative
6013	Committee on Intergovernmental Relations may also assist in
6014	gathering and assessing the expenditure data and provide
6015	technical assistance. The Auditor General shall provide
6016	technical advice with respect to the collection and analysis of
6017	the expenditure data.
6018	(1) Expenditure data shall be reported to the Chief
6019	Financial Officer at the transaction code level and, for
6020	specific transaction codes specified by the Chief Financial
6021	Officer, object/sub-object level, as set forth in the Uniform
6022	Accounting System Manual developed by the Chief Financial
6023	Officer pursuant to s. 218.33. Expenditure data provided for
6024	specific programs or purposes shall include identification of
6025	the specific account codes within the Uniform Accounting System
6026	Manual in which the costs were recorded. The clerks of the
6027	court, or the appropriate county officer in those counties where
6028	the clerk of court is not the county's chief financial officer,
6029	must reconcile the expenditure data provided to the Chief
6030	Financial Officer with the Annual Financial Report required by
6031	s. 218.32. The clerks of court must attest to the accuracy of
6032	the expenditure data provided to the Chief Financial Officer.
6033	State attorneys, public defenders, court administrators, boards
6034	of county commissions chairpersons, and sheriffs shall each
6035	attest to the accuracy of any expenditure data they submit to
6036	the clerks.
6037	(2) The Chief Financial Officer shall reimburse
6038	individuals for travel costs incurred as a result of
6039	participation in the collection and analysis of the expenditure
6040	data from funds specifically appropriated for such purpose.
6041	(3) The Chief Financial Officer shall submit a report to
6042	the President of the Senate and Speaker of the House of
6043	Representatives no later than November 1, 2003, summarizing the
6044	court-related cost information submitted by the clerks of court.
6045	(4) The sum of $200,000 from the Insurance Regulatory
6046	Trust Fund is appropriated to the Department of Financial
6047	Services for state fiscal year 2003-2004 to support this
6048	project.
6049	Section 142. It is the intent of the Legislature to
6050	implement Revision 7 to Article V of the Florida Constitution in
6051	a way which recognizes the allocation of funding
6052	responsibilities among the state, counties, and system users.
6053	The Legislature hereby declares that the provisions of this act
6054	designed to achieve that allocation of responsibility fulfills
6055	an important state interest.
6056	Section 143. For the purpose of implementing Section 14,
6057	Article V of the State Constitution, the transfer of the funding
6058	responsibility for the state courts system shall not affect the
6059	validity of any judicial or administrative proceeding pending on
6060	the day of the transfer. The entity providing appropriations on
6061	and after July 1, 2004, shall be considered the successor in
6062	interest to any existing contracts ratified by the successor
6063	entity, but is not responsible for funding or payment of any
6064	service rendered or provided, in whole or in part, prior to July
6065	1, 2004.
6066	Section 144. Notwithstanding any law to the contrary, any
6067	judicial act may be taken or performed on any day of the week,
6068	including Sundays and holidays.
6069	Section 145. Notwithstanding s. 938.19, Florida Statutes,
6070	to the contrary, any court may use surplus funds provided for
6071	teen courts for juvenile drug courts. This section expires July
6072	1, 2004.
6073	Section 146. Service charges and fees imposed by the
6074	governing authority of counties by ordinance and special law
6075	pursuant to authority granted in ss. 28.242–34.041, Florida
6076	Statutes, prior to June 30, 2004, are repealed and abolished
6077	effective July 1, 2004.
6078	Section 147. Each clerk of the court shall submit to the
6079	President of the Senate and the Speaker of the House of
6080	Representatives by November 1, 2003, a report identifying court-
6081	related functions and associated costs for county fiscal year
6082	2003-2004. The report shall detail the methodologies used to
6083	apportion costs between court-related and non-court-related
6084	functions performed by the clerk.
6085	Section 148. By October 1, 2003, each clerk of the court
6086	must notify the Clerk of Court Operations Conference created
6087	pursuant to s. 28.35, Florida Statutes, of the entire schedule
6088	of court-related fees, service charges, and costs that he or she
6089	elects to charge effective July 1, 2004, based on the statutory
6090	authorizations that are effective July 1, 2004. The Clerk of
6091	Court Operations Conference shall submit this information to the
6092	Legislature in a uniform format with appropriate summaries and
6093	explanatory information no later than November 1, 2003.
6094	Section 149. Sections 25.402, 27.005, 27.006, 27.271,
6095	27.33, 27.3455, 27.36, 27.385, 27.605, 29.002, 29.003, 29.009,
6096	29.011, 34.201, 43.28, 50.071, 57.091, 218.325, 914.06, 925.035,
6097	925.036, 925.037, 939.05, 939.07, 939.10, and 939.15, Florida
6098	Statutes, are repealed.
6099	Section 150. If any law amended by this act was also
6100	amended by a law enacted at the 2003 Regular Session of the
6101	Legislature, such laws shall be construed as if they had been
6102	enacted at the same session of the Legislature, and full effect
6103	shall be given to each if possible.
6104	Section 151. Except as otherwise provided herein, this act
6105	shall take effect July 1, 2003.