HB 0111 2004
1	A bill to be entitled
2	An act relating to magistrates and masters; amending ss.
3	26.012, 27.06, 34.01, 48.20, 142.09, 316.635, 373.603,
4	381.0012, 450.121, 560.306, 633.14, 648.44, 817.482,
5	832.05, 876.42, 893.12, 901.01, 901.02, 901.07, 901.08,
6	901.09, 901.11, 901.12, 901.25, 902.15, 902.17, 902.20,
7	902.21, 903.03, 903.32, 903.34, 914.22, 923.01, 933.01,
8	933.06, 933.07, 933.10, 933.101, 933.13, 933.14, 939.02,
9	939.14, 941.13, 941.14, 941.15, 941.17, 941.18, 947.141,
10	948.06, and 985.05, F.S., relating to various court
11	procedures; redesignating "magistrates" as "trial court
12	judges"; amending ss. 56.071, 56.29, 61.1826, 64.061,
13	65.061, 69.051, 70.51, 92.142, 112.41, 112.43, 112.47,
14	162.03, 162.06, 162.09, 173.09, 173.10, 173.11, 173.12,
15	194.013, 194.034, 194.035, 206.16, 207.016, 320.411,
16	393.11, 394.467, 397.311, 397.681, 447.207, 447.403,
17	447.405, 447.407, 447.409, 475.011, 489.127, 489.531,
18	496.420, 501.207, 501.618, 559.936, 582.23, 631.182,
19	631.331, 633.052, 744.369, 760.11, 837.011, 838.014,
20	839.17, 916.107, 938.30, and 945.43, F.S., relating to
21	various administrative and judicial proceedings;
22	redesignating "masters" and "general or special masters"
23	as "general or special magistrates"; providing an
24	effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1. Subsection (5) is added to section 26.012,
29	Florida Statutes, to read:
30	26.012 Jurisdiction of circuit court.--
31	(5) A circuit court is a trial court.
32	Section 2. Section 27.06, Florida Statutes, is amended to
33	read:
34	27.06 Habeas corpus and preliminary trials.--The several
35	state attorneys of this state shall represent the state in all
36	cases of habeas corpus arising in their respective circuits, and
37	shall also represent the state, either in person or by
38	assistant, in cases of preliminary trials of persons charged
39	with capital offenses in all cases where the committing trial
40	court judge magistrateshall have given due and timely notice of
41	the time and place of such trial. Notice of the application for
42	the writ of habeas corpus shall be given to the prosecuting
43	officer of the court wherein the statute under attack is being
44	applied, the criminal law proceeding is being maintained, or the
45	conviction has occurred.
46	Section 3. Subsections (2) and (3) of section 34.01,
47	Florida Statutes, are amended, and subsection (5) is added to
48	that section, to read:
49	34.01 Jurisdiction of county court.--
50	(2) The county courts shall have jurisdiction previously
51	exercised by county judges' courts other than that vested in the
52	circuit court by s. 26.012, except that county court judges may
53	hear matters involving dissolution of marriage under the
54	simplified dissolution procedure pursuant to Rule 1.611(c),
55	Florida Family Law Rules of CivilProcedure or may issue a final
56	order for dissolution in cases where the matter is uncontested,
57	and the jurisdiction previously exercised by county courts, the
58	claims court, small claims courts, small claims magistrates
59	courts, magistrates courts, justice of the peace courts,
60	municipal courts, and courts of chartered counties, including
61	but not limited to the counties referred to in ss. 9, 10, 11,
62	and 24, Art. VIII of the State Constitution of 1968 1885.
63	(3) Judges of county courts shall also be committing trial
64	court judges magistrates. Judges of county courts shall be
65	coroners unless otherwise provided by law or by rule of the
66	Supreme Court.
67	(5) A county court is a trial court.
68	Section 4. Section 48.20, Florida Statutes, is amended to
69	read:
70	48.20 Service of process on Sunday.--Service or execution
71	on Sunday of any writ, process, warrant, order, or judgment is
72	void and the person serving or executing, or causing it to be
73	served or executed, is liable to the party aggrieved for damages
74	for so doing as if he or she had done it without any process,
75	writ, warrant, order, or judgment. If affidavit is made by the
76	person requesting service or execution that he or she has good
77	reason to believe that any person liable to have any such writ,
78	process, warrant, order, or judgment served on him or her
79	intends to escape from this state under protection of Sunday,
80	any officer furnished with an order authorizing service or
81	execution by the trial court judge or magistrate of any
82	incorporated townmay serve or execute such writ, process,
83	warrant, order, or judgment on Sunday, and it is as valid as if
84	it had been done on any other day.
85	Section 5. Section 142.09, Florida Statutes, is amended to
86	read:
87	142.09 If defendant is not convicted or dies.--If the
88	defendant is not convicted, or the prosecution is abated by the
89	death of the defendant, or if the costs are imposed on the
90	defendant and execution against him or her is returned no
91	property found, or if a nolle prosse be entered, in each of
92	these cases the fees of witnesses and officers arising from
93	criminal causes shall be paid by the county in the manner
94	specified in ss. 142.10-142.12; provided, that when a committing
95	trial court judge magistrateholds to bail or commits a person
96	to answer to a criminal charge and an information is not filed
97	or an indictment found against such person, the costs and fees
98	of such committing trial shall not be paid by the county, except
99	the costs of executing the warrants.
100	Section 6. Subsection (3) of section 316.635, Florida
101	Statutes, is amended to read:
102	316.635 Courts having jurisdiction over traffic
103	violations; powers relating to custody and detention of
104	minors.--
105	(3) If a minor is taken into custody for a criminal
106	traffic offense or a violation of chapter 322 and the minor does
107	not demand to be taken before a trial court judge or a Civil
108	Traffic Infraction Hearing Officer, who has jurisdiction over
109	the offense or violation magistrate, the arresting officer or
110	booking officer shall immediately notify, or cause to be
111	notified, the minor's parents, guardian, or responsible adult
112	relative of the action taken. After making every reasonable
113	effort to give notice, the arresting officer or booking officer
114	may:
115	(a) Issue a notice to appear pursuant to chapter 901 and
116	release the minor to a parent, guardian, responsible adult
117	relative, or other responsible adult;
118	(b) Issue a notice to appear pursuant to chapter 901 and
119	release the minor pursuant to s. 903.06;
120	(c) Issue a notice to appear pursuant to chapter 901 and
121	deliver the minor to an appropriate substance abuse treatment or
122	rehabilitation facility or refer the minor to an appropriate
123	medical facility as provided in s. 901.29. If the minor cannot
124	be delivered to an appropriate substance abuse treatment or
125	rehabilitation facility or medical facility, the arresting
126	officer may deliver the minor to an appropriate intake office of
127	the Department of Juvenile Justice, which shall take custody of
128	the minor and make any appropriate referrals; or
129	(d) If the violation constitutes a felony and the minor
130	cannot be released pursuant to s. 903.03, transport and deliver
131	the minor to an appropriate Department of Juvenile Justice
132	intake office. Upon delivery of the minor to the intake office,
133	the department shall assume custody and proceed pursuant to
134	chapter 984 or chapter 985.
135
136	If action is not taken pursuant to paragraphs (a)-(d), the minor
137	shall be delivered to the Department of Juvenile Justice, and
138	the department shall make every reasonable effort to contact the
139	parents, guardian, or responsible adult relative to take custody
140	of the minor. If there is no parent, guardian, or responsible
141	adult relative available, the department may retain custody of
142	the minor for up to 24 hours.
143	Section 7. Section 373.603, Florida Statutes, is amended
144	to read:
145	373.603 Power to enforce.--The Department of Environmental
146	Protection or the governing board of any water management
147	district and any officer or agent thereof may enforce any
148	provision of this law or any rule or regulation adopted and
149	promulgated or order issued thereunder to the same extent as any
150	peace officer is authorized to enforce the law. Any officer or
151	agent of any such board may appear before any trial court judge
152	magistrateempowered to issue warrants in criminal cases and
153	make an affidavit and apply for the issuance of a warrant in the
154	manner provided by law.; and said magistrate, If such affidavit
155	alleges shall allege the commission of an offense, the trial
156	court judgeshall issue a warrant directed to any sheriff or
157	deputy for the arrest of any offender. The provisions of this
158	section shall apply to the Florida Water Resources Act of 1972
159	in its entirety.
160	Section 8. Subsection (4) of section 381.0012, Florida
161	Statutes, is amended to read:
162	381.0012 Enforcement authority.--
163	(4) The department may appear before any trial court judge
164	magistrateempowered to issue warrants in criminal cases and
165	request the issuance of a warrant. The trial court judge
166	magistrateshall issue a warrant directed to any sheriff,
167	deputy, or police officer to assist in any way to carry out the
168	purpose and intent of this chapter.
169	Section 9. Subsections (3) and (4) of section 450.121,
170	Florida Statutes, are amended to read:
171	450.121 Enforcement of Child Labor Law.--
172	(3) It is the duty of any trial court judge magistrateof
173	any court in the state to issue warrants and try cases made
174	within the limit of any municipality city over which such trial
175	court judge magistratehas jurisdiction in connection with the
176	violation of this law.
177	(4) Grand juries shall have inquisitorial powers to
178	investigate violations of this chapter; also, trial countycourt
179	judges and judges of the circuit courtsshall specially charge
180	the grand jury, at the beginning of each term of the court, to
181	investigate violations of this chapter.
182	Section 10. Subsection (2) of section 560.306, Florida
183	Statutes, is amended to read:
184	560.306 Standards.--
185	(2) The office may deny registration if it finds that the
186	applicant, or any money transmitter-affiliated party of the
187	applicant, has been convicted of a crime involving moral
188	turpitude in any jurisdiction or of a crime which, if committed
189	in this state, would constitute a crime involving moral
190	turpitude under the laws of this state. For the purposes of this
191	part, a person shall be deemed to have been convicted of a crime
192	if such person has either pleaded guilty to or been found guilty
193	of a charge before a court or afederal magistrate, or by the
194	verdict of a jury, irrespective of the pronouncement of sentence
195	or the suspension thereof. The office may take into
196	consideration the fact that such plea of guilty, or such
197	decision, judgment, or verdict, has been set aside, reversed, or
198	otherwise abrogated by lawful judicial process or that the
199	person convicted of the crime received a pardon from the
200	jurisdiction where the conviction was entered or received a
201	certificate pursuant to any provision of law which removes the
202	disability under this part because of such conviction.
203	Section 11. Section 633.14, Florida Statutes, is amended
204	to read:
205	633.14 Agents; powers to make arrests, conduct searches
206	and seizures, serve summonses, and carry firearms.--Agents of
207	the State Fire Marshal shall have the same authority to serve
208	summonses, make arrests, carry firearms,and make searches and
209	seizures, as the sheriff or her or his deputies, in the
210	respective counties where such investigations, hearings,or
211	inspections may be held; and affidavits necessary to authorize
212	any such arrests, searches, or seizures may be made before any
213	trial court judge magistratehaving authority under the law to
214	issue appropriate processes.
215	Section 12. Paragraph (e) of subsection (1) and paragraph
216	(c) of subsection (2) of section 648.44, Florida Statutes, are
217	amended to read:
218	648.44 Prohibitions; penalty.--
219	(1) A bail bond agent or temporary bail bond agent may
220	not:
221	(e) Pay a fee or rebate or give or promise anything of
222	value to a jailer, police officer, peace officer, or committing
223	trial court judge magistrateor any other person who has power
224	to arrest or to hold in custody or to any public official or
225	public employee in order to secure a settlement, compromise,
226	remission, or reduction of the amount of any bail bond or
227	estreatment thereof.
228	(2) The following persons or classes shall not be bail
229	bond agents, temporary bail bond agents, or employees of a bail
230	bond agent or a bail bond business and shall not directly or
231	indirectly receive any benefits from the execution of any bail
232	bond:
233	(c) Committing trial court judges magistrates, employees
234	of a court, or employees of the clerk of any court.
235	Section 13. Subsection (3) of section 817.482, Florida
236	Statutes, is amended to read:
237	817.482 Possessing or transferring device for theft of
238	telecommunications service; concealment of destination of
239	telecommunications service.--
240	(3) Any such instrument, apparatus, equipment, or device,
241	or plans or instructions therefor, referred to in subsections
242	(1) and (2), may be seized by court order or under a search
243	warrant of a judge or magistrateor incident to a lawful arrest;
244	and upon the conviction of any person for a violation of any
245	provision of this act, or s. 817.481, such instrument,
246	apparatus, equipment, device, plans, or instructions either
247	shall be destroyed as contraband by the sheriff of the county in
248	which such person was convicted or turned over to the telephone
249	company in whose territory such instrument, apparatus,
250	equipment, device, plans, or instructions were seized.
251	Section 14. Subsection (8) of section 832.05, Florida
252	Statutes, is amended to read:
253	832.05 Giving worthless checks, drafts, and debit card
254	orders; penalty; duty of drawee; evidence; costs; complaint
255	form.--
256	(8) COSTS.--When a prosecution is initiated under this
257	section before any committing trial court judge magistrate, the
258	party applying for the warrant shall be held liable for costs
259	accruing in the event the case is dismissed for want of
260	prosecution. No costs shall be charged to the county in such
261	dismissed cases.
262	Section 15. Section 876.42, Florida Statutes, is amended
263	to read:
264	876.42 Witnesses' privileges.--No person shall be excused
265	from attending and testifying, or producing any books, papers,
266	or other documents before any court, magistrate, referee,or
267	grand jury upon any investigation, proceeding,or trial, for or
268	relating to or concerned with a violation of any section of this
269	law or attempt to commit such violation, upon the ground or for
270	the reason that the testimony or evidence, documentary or
271	otherwise,required by the state may tend to convict the person
272	of a crime or to subject him or her to a penalty or forfeiture;
273	but no person shall be prosecuted or subjected to any penalty or
274	forfeiture for or on account of any transaction, matter,or
275	thing concerning which the person may so testify or produce
276	evidence, documentary or otherwise, and no testimony so given or
277	produced shall be received against the person, upon any criminal
278	investigation, proceeding,or trial, except upon a prosecution
279	for perjury or contempt of court, based upon the giving or
280	producing of such testimony.
281	Section 16. Paragraph (a) of subsection (1) of section
282	893.12, Florida Statutes, is amended to read:
283	893.12 Contraband; seizure, forfeiture, sale.--
284	(1) All substances controlled by this chapter and all
285	listed chemicals, which substances or chemicals are handled,
286	delivered, possessed, or distributed contrary to any provisions
287	of this chapter, and all such controlled substances or listed
288	chemicals the lawful possession of which is not established or
289	the title to which cannot be ascertained, are declared to be
290	contraband, are subject to seizure and confiscation by any
291	person whose duty it is to enforce the provisions of the
292	chapter, and shall be disposed of as follows:
293	(a) Except as in this section otherwise provided, the
294	court having jurisdiction shall order such controlled substances
295	or listed chemicals forfeited and destroyed. A record of the
296	place where said controlled substances or listed chemicals were
297	seized, of the kinds and quantities of controlled substances or
298	listed chemicals destroyed, and of the time, place, and manner
299	of destruction shall be kept, and a return under oath reporting
300	said destruction shall be made to the court or magistrateby the
301	officer who destroys them.
302	Section 17. Section 901.01, Florida Statutes, is amended
303	to read:
304	901.01 Judicial officers have to be committing authority
305	magistrates.--Each state judicial officer is a conservator of
306	the peace and has a committing magistrate withauthority to
307	issue warrants of arrest, commit offenders to jail, and
308	recognize them to appear to answer the charge. He or she may
309	require sureties of the peace when the peace has been
310	substantially threatened or disturbed.
311	Section 18. Subsection (1) of section 901.02, Florida
312	Statutes, is amended to read:
313	901.02 When warrant of arrest to be issued.--
314	(1) A warrant may be issued for the arrest of the person
315	complained against if the trial court judge magistrate, from the
316	examination of the complainant and other witnesses, reasonably
317	believes that the person complained against has committed an
318	offense within the trial court judge's magistrate's
319	jurisdiction. A warrant is issued at the time it is signed by
320	the trial court judge magistrate.
321	Section 19. Section 901.07, Florida Statutes, is amended
322	to read:
323	901.07 Admission to bail when arrest occurs in another
324	county.--
325	(1) When an arrest by a warrant occurs in a county other
326	than the one in which the alleged offense was committed and the
327	warrant issued, if the person arrested has a right to bail, the
328	arresting officer shall inform the person of his or her right
329	and, upon request, shall take the person before a trial court
330	judge magistrateor other official of the same county having
331	authority to admit to bail. The official shall admit the person
332	arrested to bail for his or her appearance before the trial
333	court judge magistratewho issued the warrant.
334	(2) If the person arrested does not have a right to bail
335	or, when informed of his or her right to bail, does not furnish
336	bail immediately, the officer who made the arrest or the officer
337	having the warrant shall take the person before the trial court
338	judge magistratewho issued the warrant.
339	Section 20. Section 901.08, Florida Statutes, is amended
340	to read:
341	901.08 Issue of warrant when offense triable in another
342	county.--
343	(1) When a complaint before a trial court judge magistrate
344	charges the commission of an offense that is punishable by death
345	or life imprisonment and is triable in another county of the
346	state, but it appears that the person against whom the complaint
347	is made is in the county where the complaint is made, the same
348	proceedings for issuing a warrant shall be used as prescribed in
349	this chapter, except that the warrant shall require the person
350	against whom the complaint is made to be taken before a
351	designated trial court judge magistrateof the county in which
352	the offense is triable.
353	(2) If the person arrested has a right to bail, the
354	officer making the arrest shall inform the person of his or her
355	right to bail and, on request, shall take the person before a
356	trial court judge magistrateor other official having authority
357	to admit to bail in the county in which the arrest is made. The
358	official shall admit the person to bail for his or her
359	appearance before the trial court judge magistratedesignated in
360	the warrant.
361	(3) If the person arrested does not have a right to bail
362	or, when informed of his or her right to bail, does not furnish
363	bail immediately, he or she shall be taken before the trial
364	court judge magistratedesignated in the warrant.
365	Section 21. Section 901.09, Florida Statutes, is amended
366	to read:
367	901.09 When summons shall be issued.--
368	(1) When the complaint is for an offense that the trial
369	court judge magistrate is empowered to try summarily, the trial
370	court judge magistrateshall issue a summons instead of a
371	warrant, unless she or he reasonably believes that the person
372	against whom the complaint was made will not appear upon a
373	summons, in which event the trial court judge magistrateshall
374	issue a warrant.
375	(2) When the complaint is for a misdemeanor that the trial
376	court judge magistrate is not empowered to try summarily, the
377	trial court judge magistrateshall issue a summons instead of a
378	warrant if she or he reasonably believes that the person against
379	whom the complaint was made will appear upon a summons.
380	(3) The summons shall set forth substantially the nature
381	of the offense and shall command the person against whom the
382	complaint was made to appear before the trial court judge
383	magistrateat a stated time and place.
384	Section 22. Section 901.11, Florida Statutes, is amended
385	to read:
386	901.11 Effect of not answering summons.--Failure to appear
387	as commanded by a summons without good cause is an indirect
388	criminal contempt of court and may be punished by a fine of not
389	more than $100. When a person fails to appear as commanded by a
390	summons, the trial court judge magistrateshall issue a warrant.
391	If the trial court judge magistrateacquires reason to believe
392	that the person summoned will not appear as commanded after
393	issuing a summons, the trial court judge magistratemay issue a
394	warrant.
395	Section 23. Section 901.12, Florida Statutes, is amended
396	to read:
397	901.12 Summons against corporation.--When a complaint of
398	an offense is made against a corporation, the trial court judge
399	magistrateshall issue a summons that shall set forth
400	substantially the nature of the offense and command the
401	corporation to appear before the trial court judge magistrateat
402	a stated time and place.
403	Section 24. Subsection (3) of section 901.25, Florida
404	Statutes, is amended to read:
405	901.25 Fresh pursuit; arrest outside jurisdiction.--
406	(3) If an arrest is made in this state by an officer
407	outside the county within which his or her jurisdiction lies,
408	the officer shall immediately notify the officer in charge of
409	the jurisdiction in which the arrest is made. Such officer in
410	charge of the jurisdiction shall, along with the officer making
411	the arrest, take the person so arrested before a trial county
412	court judge or other committing magistrateof the county in
413	which the arrest was made without unnecessary delay.
414	Section 25. Section 902.15, Florida Statutes, is amended
415	to read:
416	902.15 Undertaking by witness.--When a defendant is held
417	to answer on a charge for a crime punishable by death or life
418	imprisonment, the trial court judge magistrateat the
419	preliminary hearing may require each material witness to enter
420	into a written recognizance to appear at the trial or forfeit a
421	sum fixed by the trial court judge magistrate. Additional
422	security may be required in the discretion of the trial court
423	judge magistrate.
424	Section 26. Subsections (1), (2), and (3) of section
425	902.17, Florida Statutes, are amended to read:
426	902.17 Procedure when witness does not give security.--
427	(1) If a witness required to enter into a recognizance to
428	appear refuses to comply with the order, the trial court judge
429	magistrateshall commit the witness to custody until she or he
430	complies or she or he is legally discharged.
431	(2) If the trial court judge magistraterequires a witness
432	to give security for her or his appearance and the witness is
433	unable to give the security, the witness may apply to the court
434	having jurisdiction to try the defendant for a reduction of the
435	security.
436	(3) If it appears from examination on oath of the witness
437	or any other person that the witness is unable to give security,
438	the trial court judge magistrateor the court having
439	jurisdiction to try the defendant shall make an order finding
440	that fact, and the witness shall be detained pending application
441	for her or his conditional examination. Within 3 days after from
442	the entry of the order, the witness shall be conditionally
443	examined on application of the state or the defendant. The
444	examination shall be by question and answer in the presence of
445	the other party and counsel, and shall be transcribed by a court
446	reporter or stenographer selected by the parties. At the
447	completion of the examination the witness shall be discharged.
448	The deposition of the witness may be introduced in evidence at
449	the trial by the defendant, or, if the prosecuting attorney and
450	the defendant and the defendant's counsel agree, it may be
451	admitted in evidence by stipulation. The deposition shall not be
452	admitted on behalf of the state without the consent of the
453	defendant.
454	Section 27. Section 902.20, Florida Statutes, is amended
455	to read:
456	902.20 Contempts before committing trial court judge
457	magistrate.--A committing trial court judge magistrateholding a
458	preliminary hearing shall have the same power to punish for
459	contempts that she or he has while presiding at the trial of
460	criminal cases.
461	Section 28. Section 902.21, Florida Statutes, is amended
462	to read:
463	902.21 Commitment to jail in another county.--If a person
464	is committed in a county where there is no jail, the committing
465	trial court judge magistrateshall direct the sheriff to deliver
466	the accused to a jail in another county.
467	Section 29. Subsection (1) of section 903.03, Florida
468	Statutes, is amended to read:
469	903.03 Jurisdiction of trial court to admit to bail;
470	duties and responsibilities of Department of Corrections.--
471	(1) After a person is held to answer by a trial court
472	judge magistrate, the court having jurisdiction to try the
473	defendant shall, before indictment, affidavit, or information is
474	filed, have jurisdiction to hear and decide all preliminary
475	motions regarding bail and production or impounding of all
476	articles, writings, moneys, or other exhibits expected to be
477	used at the trial by either the state or the defendant.
478	Section 30. Subsection (2) of section 903.32, Florida
479	Statutes, is amended to read:
480	903.32 Defects in bond.--
481	(2) If no day, or an impossible day, is stated in a bond
482	for the defendant's appearance before a trial court judge
483	magistratefor a hearing, the defendant shall be bound to appear
484	10 days after receipt of notice to appear by the defendant, the
485	defendant's counsel, or any surety on the undertaking. If no
486	day, or an impossible day, is stated in a bond for the
487	defendant's appearance for trial, the defendant shall be bound
488	to appear on the first day of the next term of court that will
489	commence more than 3 days after the undertaking is given.
490	Section 31. Section 903.34, Florida Statutes, is amended
491	to read:
492	903.34 Who may admit to bail.--In criminal actions
493	instituted or pending in any state court, bonds given by
494	defendants before trial until appeal shall be approved by a
495	committing trial court judge magistrateor the sheriff. Appeal
496	bonds shall be approved as provided in s. 924.15.
497	Section 32. Subsection (4) of section 914.22, Florida
498	Statutes, is amended to read:
499	914.22 Tampering with a witness, victim, or informant.--
500	(4) In a prosecution for an offense under this section, no
501	state of mind need be proved with respect to the circumstance:
502	(a) That the official proceeding before a judge, court,
503	magistrate,grand jury, or government agency is before a judge
504	or court of the state, a state or local grand jury, or a state
505	agency; or
506	(b) That the judge is a judge of the state or that the law
507	enforcement officer is an officer or employee of the state or a
508	person authorized to act for or on behalf of the state or
509	serving the state as an adviser or consultant.
510	Section 33. Section 923.01, Florida Statutes, is amended
511	to read:
512	923.01 Criminal report.--Each committing trial court judge
513	magistrateat the time commitment papers are sent by her or him
514	to the proper trial court, and the sheriff when an arrest is
515	made, other than on a capias, shall transmit to the prosecuting
516	attorney of the trial court having jurisdiction, a report in the
517	following form:
518	CRIMINAL REPORT
519	Date: ____ Name and address of defendant: ____ Age: ____. If
520	under 18, give name and address of parent, next friend, or
521	guardian: ____ Name of offense, such as murder, assault,
522	robbery, etc.: ____ Date and place where committed: ____ Value
523	of property stolen: ____ Kind of property stolen: ____ Kind of
524	building robbed: ____ Name and address of owner of property
525	stolen or building robbed: ____ Name and address of occupant of
526	building robbed: ____ Name of party assaulted or murdered: ____
527	Weapon used in assault or murder: ____ Exhibits taken at scene
528	of crime or from defendant: ____ Name of custodian of such
529	exhibits: ____ Location of building or place where offense
530	committed: ____ Previous prison record of defendant: ____ Has
531	defendant been arrested: ____ Does defendant desire to plead
532	guilty: ____ Names and addresses of state witnesses: ____ Name
533	of defendant's lawyer: ____ If defendant is released on bond,
534	names and addresses of sureties: ____ Brief statement of facts:
535	____ Name of committing trial court judge magistrate: ____ If
536	additional space required, use reverse side of this sheet.
537	. . . (Signature of party making this report.) . . .
538	Section 34. Section 933.01, Florida Statutes, is amended
539	to read:
540	933.01 Persons competent to issue search warrant.--A
541	search warrant authorized by law may be issued by any judge,
542	including the judge of any circuit court of this state or county
543	court judge, or committing judge of the trial court magistrate
544	having jurisdiction where the place, vehicle,or thing to be
545	searched may be.
546	Section 35. Section 933.06, Florida Statutes, is amended
547	to read:
548	933.06 Sworn application required before issuance.--The
549	judge or magistratemust, before issuing the warrant, have the
550	application of some person for said warrant duly sworn to and
551	subscribed, and may receive further testimony from witnesses or
552	supporting affidavits, or depositions in writing, to support the
553	application. The affidavit and further proof, if same be had or
554	required, must set forth the facts tending to establish the
555	grounds of the application or probable cause for believing that
556	they exist.
557	Section 36. Subsection (1) of section 933.07, Florida
558	Statutes, is amended to read:
559	933.07 Issuance of search warrants.--
560	(1) The judge, upon examination of the application and
561	proofs submitted, if satisfied that probable cause exists for
562	the issuing of the search warrant, shall thereupon issue a
563	search warrant signed by him or her with his or her name of
564	office, to any sheriff and the sheriff's deputies or any police
565	officer or other person authorized by law to execute process,
566	commanding the officer or person forthwith to search the
567	property described in the warrant or the person named, for the
568	property specified, and to bring the property and any person
569	arrested in connection therewith before the judge magistrateor
570	some other court having jurisdiction of the offense.
571	Section 37. Section 933.10, Florida Statutes, is amended
572	to read:
573	933.10 Execution of search warrant during day or night.--A
574	search warrant issued under the provisions ofthis chapter may,
575	if expressly authorized in such warrant by the judge or
576	magistrate issuing the same, be executed by being served either
577	in the daytime or in the nighttime, as the exigencies of the
578	occasion may demand or require.
579	Section 38. Section 933.101, Florida Statutes, is amended
580	to read:
581	933.101 Service on Sunday.--A search warrant may be
582	executed by being served on Sunday, if expressly authorized in
583	such warrant by the judge or magistrate issuing the same.
584	Section 39. Section 933.13, Florida Statutes, is amended
585	to read:
586	933.13 Copy of inventory shall be delivered upon
587	request.--The judge or magistrateto whom the warrant is
588	returned, upon the request of any claimant or any person from
589	whom said property is taken, or the officer who executed the
590	search warrant, shall deliver to said applicant a true copy of
591	the inventory of the property mentioned in the return on said
592	warrant.
593	Section 40. Subsections (1), (3), and (4) of section
594	933.14, Florida Statutes, are amended to read:
595	933.14 Return of property taken under search warrant.--
596	(1) If it appears to the magistrate orjudge before whom
597	the warrant is returned that the property or papers taken are
598	not the same as that described in the warrant, or that there is
599	no probable cause for believing the existence of the grounds
600	upon which the warrant was issued, or if it appears to the judge
601	magistratebefore whom any property is returned that the
602	property was secured by an "unreasonable" search, the judge or
603	magistratemay order a return of the property taken; provided,
604	however, that in no instance shall contraband such as slot
605	machines, gambling tables, lottery tickets, tally sheets,
606	rundown sheets, or other gambling devices, paraphernalia and
607	equipment, or narcotic drugs, obscene prints and literature be
608	returned to anyone claiming an interest therein, it being the
609	specific intent of the Legislature that no one has any property
610	rights subject to be protected by any constitutional provision
611	in such contraband; provided, further, that the claimant of said
612	contraband may upon sworn petition and proof submitted by him or
613	her in the circuit court of the county where seized, show that
614	said contraband articles so seized were held, used or possessed
615	in a lawful manner, for a lawful purpose, and in a lawful place,
616	the burden of proof in all cases being upon the claimant. The
617	sworn affidavit or complaint upon which the search warrant was
618	issued or the testimony of the officers showing probable cause
619	to search without a warrant or incident to a legal arrest, and
620	the finding of such slot machines, gambling tables, lottery
621	tickets, tally sheets, rundown sheets, scratch sheets, or other
622	gambling devices, paraphernalia, and equipment, including money
623	used in gambling or in furtherance of gambling, or narcotic
624	drugs, obscene prints and literature, or any of them, shall
625	constitute prima facie evidence of the illegal possession of
626	such contraband and the burden shall be upon the claimant for
627	the return thereof, to show that such contraband was lawfully
628	acquired, possessed, held, and used.
629	(3) No pistol or firearm taken by any officer with a
630	search warrant or without a search warrant upon a view by the
631	officer of a breach of the peace shall be returned except
632	pursuant to an order of a trial circuit judge or a countycourt
633	judge.
634	(4) If no cause is shown for the return of any property
635	seized or taken under a search warrant, the judge or magistrate
636	shall order that the same be impounded for use as evidence at
637	any trial of any criminal or penal cause growing out of the
638	having or possession of said property, but perishable property
639	held or possessed in violation of law may be sold where the same
640	is not prohibited, as may be directed by the court, or returned
641	to the person from whom taken. The judge or magistrateto whom
642	said search warrant is returned shall file the same with the
643	inventory and sworn return in the proper office, and if the
644	original affidavit and proofs upon which the warrant was issued
645	are in his or her possession, he or she shall apply to the
646	officer having the same and the officer shall transmit and
647	deliver all of the papers, proofs, and certificates to the
648	proper office where the proceedings are lodged.
649	Section 41. Section 939.02, Florida Statutes, is amended
650	to read:
651	939.02 Costs before committing trial court judge
652	magistrate.--All costs accruing before a committing trial court
653	judge magistrateshall be taxed against the defendant on
654	conviction or estreat of recognizance.
655	Section 42. Section 939.14, Florida Statutes, is amended
656	to read:
657	939.14 County not to pay costs in cases where information
658	is not filed or indictment found.--When a committing trial court
659	judge magistrateholds to bail or commits any person to answer a
660	criminal charge in a county court or a circuit court, and an
661	information is not filed nor an indictment found against such
662	person, the costs of such committing trial shall not be paid by
663	the county, except the costs for executing the warrant.
664	Section 43. Section 941.13, Florida Statutes, is amended
665	to read:
666	941.13 Arrest prior to requisition.--Whenever any person
667	within this state shall be charged on the oath of any credible
668	person before any judge or magistrateof this state with the
669	commission of any crime in any other state, and,except in cases
670	arising under s. 941.06,with having fled from justice or with
671	having been convicted of a crime in that state and having
672	escaped from confinement, or having broken the terms of his or
673	her bail, probation, or parole, or whenever complaint shall have
674	been made before any judge or magistratein this state setting
675	forth on the affidavit of any credible person in another state
676	that a crime has been committed in such other state and that the
677	accused has been charged in such state with the commission of
678	the crime, and, except in cases arising under s. 941.06, has
679	fled from justice, or with having been convicted of a crime in
680	that state and having escaped from confinement, or having broken
681	the terms of his or her bail, probation, or parole, and is
682	believed to be in this state, the judge or magistrateshall
683	issue a warrant directed to any peace officer commanding him or
684	her to apprehend the person named therein, wherever the person
685	may be found in this state, and to bring the person before the
686	same or any other judge, magistrate,or court who or which may
687	be available in, or convenient of, access to the place where the
688	arrest may be made, to answer the charge or complaint and
689	affidavit, and a certified copy of the sworn charge or complaint
690	and affidavit upon which the warrant is issued shall be attached
691	to the warrant.
692	Section 44. Section 941.14, Florida Statutes, is amended
693	to read:
694	941.14 Arrest without a warrant.--The arrest of a person
695	may be lawfully made also by any peace officer or a private
696	person, without a warrant upon reasonable information that the
697	accused stands charged in the courts of a state with a crime
698	punishable by death or imprisonment for a term exceeding 1 year,
699	but when so arrested the accused must be taken before a judge or
700	magistratewith all practicable speed and complaint must be made
701	against the accused under oath setting forth the ground for the
702	arrest as in the preceding section; and thereafter his or her
703	answer shall be heard as if the accused had been arrested on a
704	warrant.
705	Section 45. Section 941.15, Florida Statutes, is amended
706	to read:
707	941.15 Commitment to await requisition; bail.--If from the
708	examination before the judge or magistrateit appears that the
709	person held is the person charged with having committed the
710	crime alleged and, except in cases arising under s. 941.06, that
711	the person has fled from justice, the judge or magistratemust,
712	by a warrant reciting the accusation, commit the person to the
713	county jail for such a time not exceeding 30 days and specified
714	in the warrant,as will enable the arrest of the accused to be
715	made under a warrant of the Governor on a requisition of the
716	executive authority of the state having jurisdiction of the
717	offense, unless the accused gives give bail as provided in s.
718	941.16 the next section, or until the accused shall be legally
719	discharged.
720	Section 46. Section 941.17, Florida Statutes, is amended
721	to read:
722	941.17 Extension of time of commitment, adjournment.--If
723	the accused is not arrested under warrant of the Governor by the
724	expiration of the time specified in the warrant or bond, a judge
725	or magistratemay discharge the accused or may recommit him or
726	her for a further period not to exceed 60 days, or a judge or
727	magistrate judgemay again take bail for his or her appearance
728	and surrender, as provided in s. 941.16, but within a period not
729	to exceed 60 days after the date of such new bond.
730	Section 47. Section 941.18, Florida Statutes, is amended
731	to read:
732	941.18 Forfeiture of bail.--If the prisoner is admitted to
733	bail, and fails to appear and surrender himself or herself
734	according to the conditions of his or her bond, the judge, or
735	magistrate by proper order,shall declare the bond forfeited and
736	order his or her immediate arrest without warrant if he or she
737	is bewithin this state. Recovery may be had on such bond in the
738	name of the state as in the case of other bonds given by the
739	accused in criminal proceedings within this state.
740	Section 48. Subsection (2) of section 947.141, Florida
741	Statutes, is amended to read:
742	947.141 Violations of conditional release, control
743	release, or conditional medical release or addiction-recovery
744	supervision.--
745	(2) Upon the arrest on a felony charge of an offender who
746	is on release supervision under s. 947.1405, s. 947.146, s.
747	947.149, or s. 944.4731, the offender must be detained without
748	bond until the initial appearance of the offender at which a
749	judicial determination of probable cause is made. If the trial
750	court judge magistratedetermines that there was no probable
751	cause for the arrest, the offender may be released. If the trial
752	court judge magistratedetermines that there was probable cause
753	for the arrest, such determination also constitutes reasonable
754	grounds to believe that the offender violated the conditions of
755	the release. Within 24 hours after the trial court judge's
756	magistrate'sfinding of probable cause, the detention facility
757	administrator or designee shall notify the commission and the
758	department of the finding and transmit to each a facsimile copy
759	of the probable cause affidavit or the sworn offense report upon
760	which the trial court judge's magistrate'sprobable cause
761	determination is based. The offender must continue to be
762	detained without bond for a period not exceeding 72 hours
763	excluding weekends and holidays after the date of the probable
764	cause determination, pending a decision by the commission
765	whether to issue a warrant charging the offender with violation
766	of the conditions of release. Upon the issuance of the
767	commission's warrant, the offender must continue to be held in
768	custody pending a revocation hearing held in accordance with
769	this section.
770	Section 49. Subsection (1) of section 948.06, Florida
771	Statutes, is amended to read:
772	948.06 Violation of probation or community control;
773	revocation; modification; continuance; failure to pay
774	restitution or cost of supervision.--
775	(1) Whenever within the period of probation or community
776	control there are reasonable grounds to believe that a
777	probationer or offender in community control has violated his or
778	her probation or community control in a material respect, any
779	law enforcement officer who is aware of the probationary or
780	community control status of the probationer or offender in
781	community control or any parole or probation supervisor may
782	arrest or request any county or municipal law enforcement
783	officer to arrest such probationer or offender without warrant
784	wherever found and forthwith return him or her to the court
785	granting such probation or community control. Any committing
786	trial court judge magistratemay issue a warrant, upon the facts
787	being made known to him or her by affidavit of one having
788	knowledge of such facts, for the arrest of the probationer or
789	offender, returnable forthwith before the court granting such
790	probation or community control. Any parole or probation
791	supervisor, any officer authorized to serve criminal process, or
792	any peace officer of this state is authorized to serve and
793	execute such warrant. Upon the filing of an affidavit alleging a
794	violation of probation or community control and following
795	issuance of a warrant under s. 901.02, the probationary period
796	is tolled until the court enters a ruling on the violation.
797	Notwithstanding the tolling of probation as provided in this
798	subsection, the court shall retain jurisdiction over the
799	offender for any violation of the conditions of probation or
800	community control that is alleged to have occurred during the
801	tolling period. The probation officer is permitted to continue
802	to supervise any offender who remains available to the officer
803	for supervision until the supervision expires pursuant to the
804	order of probation or community control or until the court
805	revokes or terminates the probation or community control,
806	whichever comes first. The court, upon the probationer or
807	offender being brought before it, shall advise him or her of
808	such charge of violation and, if such charge is admitted to be
809	true, may forthwith revoke, modify, or continue the probation or
810	community control or place the probationer into a community
811	control program. If probation or community control is revoked,
812	the court shall adjudge the probationer or offender guilty of
813	the offense charged and proven or admitted, unless he or she has
814	previously been adjudged guilty, and impose any sentence which
815	it might have originally imposed before placing the probationer
816	on probation or the offender into community control. If such
817	violation of probation or community control is not admitted by
818	the probationer or offender, the court may commit him or her or
819	release him or her with or without bail to await further
820	hearing, or it may dismiss the charge of probation or community
821	control violation. If such charge is not at that time admitted
822	by the probationer or offender and if it is not dismissed, the
823	court, as soon as may be practicable, shall give the probationer
824	or offender an opportunity to be fully heard on his or her
825	behalf in person or by counsel. After such hearing, the court
826	may revoke, modify, or continue the probation or community
827	control or place the probationer into community control. If such
828	probation or community control is revoked, the court shall
829	adjudge the probationer or offender guilty of the offense
830	charged and proven or admitted, unless he or she has previously
831	been adjudged guilty, and impose any sentence which it might
832	have originally imposed before placing the probationer or
833	offender on probation or into community control. Notwithstanding
834	s. 775.082, when a period of probation or community control has
835	been tolled, upon revocation or modification of the probation or
836	community control, the court may impose a sanction with a term
837	that when combined with the amount of supervision served and
838	tolled, exceeds the term permissible pursuant to s. 775.082 for
839	a term up to the amount of the tolled period supervision. If the
840	court dismisses an affidavit alleging a violation of probation
841	or community control, the offender's probation or community
842	control shall continue as previously imposed, and the offender
843	shall receive credit for all tolled time against his or her term
844	of probation or community control.
845	Section 50. Paragraph (b) of subsection (4) of section
846	985.05, Florida Statutes, is amended to read:
847	985.05 Court records.--
848	(4) A court record of proceedings under this part is not
849	admissible in evidence in any other civil or criminal
850	proceeding, except that:
851	(b) Orders binding an adult over for trial on a criminal
852	charge, made by the committing trial judge as a committing
853	magistrate, are admissible in evidence in the court to which the
854	adult is bound over.
855	Section 51. Section 56.071, Florida Statutes, is amended
856	to read:
857	56.071 Executions on equities of redemption; discovery of
858	value.--On motion made by the party causing a levy to be made on
859	an equity of redemption,the court from which the execution
860	issued shall order the mortgagor, mortgagee,and all other
861	persons interested in the mortgaged property levied on to appear
862	and be examined about the amount remaining due on the mortgage,
863	the amount that has been paid, the party to whom that amount has
864	been paid, and the date when that amount was paid to whom and
865	when paidso that the value of the equity of redemption may be
866	ascertained before the property itis sold. The court may
867	appoint a general or special magistrate masterto conduct the
868	examination. This section shall also apply to the interest of
869	and personal property in possession of a vendee under a retained
870	title contract or conditional sales contract.
871	Section 52. Subsections (2), (7), and (10) of section
872	56.29, Florida Statutes, are amended to read:
873	56.29 Proceedings supplementary.--
874	(2) On such plaintiff's motion the court shall require the
875	defendant in execution to appear before it or a general or
876	special magistrate masterat a time and place specified by the
877	order in the county of the defendant's residence to be examined
878	concerning his or her property.
879	(7) At any time the court may refer the proceeding to a
880	general or special magistrate masterwho may be directed to
881	report findings of law or fact, or both. The general or special
882	magistrate masterhas all the powers thereof, including the
883	power to issue subpoena, and shall be paid the fees provided by
884	law.
885	(10) Any person failing to obey any order issued under
886	this section by a judge or general or special magistrate master
887	or failingto attend in response to a subpoena served on him or
888	her may be held in contempt.
889	Section 53. Subsection (4) of section 61.1826, Florida
890	Statutes, is amended to read:
891	61.1826 Procurement of services for State Disbursement
892	Unit and the non-Title IV-D component of the State Case
893	Registry; contracts and cooperative agreements; penalties;
894	withholding payment.--
895	(4) COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The
896	contract between the Florida Association of Court Clerks and the
897	department, and cooperative agreements entered into by the
898	depositories and the department, must contain, but are not
899	limited to, the following terms:
900	(a) The initial term of the contract and cooperative
901	agreements is for 5 years. The subsequent term of the contract
902	and cooperative agreements is for 3 years, with the option of
903	two 1-year renewal periods, at the sole discretion of the
904	department.
905	(b) The duties and responsibilities of the Florida
906	Association of Court Clerks, the depositories, and the
907	department.
908	(c) Under s. 287.058(1)(a), all providers and
909	subcontractors shall submit to the department directly, or
910	through the Florida Association of Court Clerks, a report of
911	monthly expenditures in a format prescribed by the department
912	and in sufficient detail for a proper preaudit and postaudit
913	thereof.
914	(d) All providers and subcontractors shall submit to the
915	department directly, or through the Florida Association of Court
916	Clerks, management reports in a format prescribed by the
917	department.
918	(e) All subcontractors shall comply with chapter 280, as
919	may be required.
920	(f) Federal financial participation for eligible Title IV-
921	D expenditures incurred by the Florida Association of Court
922	Clerks and the depositories shall be at the maximum level
923	permitted by federal law for expenditures incurred for the
924	provision of services in support of child support enforcement in
925	accordance with 45 C.F.R. part 74 and Federal Office of
926	Management and Budget Circulars A-87 and A-122 and based on an
927	annual cost allocation study of each depository. The
928	depositories shall submit directly, or through the Florida
929	Association of Court Clerks, claims for Title IV-D expenditures
930	monthly to the department in a standardized format as prescribed
931	by the department. The Florida Association of Court Clerks shall
932	contract with a certified public accounting firm, selected by
933	the Florida Association of Court Clerks and the department, to
934	audit and certify quarterly to the department all claims for
935	expenditures submitted by the depositories for Title IV-D
936	reimbursement.
937	(g) Upon termination of the contracts between the
938	department and the Florida Association of Court Clerks or the
939	depositories, the Florida Association of Court Clerks, its
940	agents, and the depositories shall assist the department in
941	making an orderly transition to a private vendor.
942	(h) Interest on late payment by the department shall be in
943	accordance with s. 215.422.
944
945	If either the department or the Florida Association of Court
946	Clerks objects to a term of the standard cooperative agreement
947	or contract specified in subsections (2) and (3), the disputed
948	term or terms shall be presented jointly by the parties to the
949	Attorney General or the Attorney General's designee, who shall
950	act as special magistrate master. The special magistrate master
951	shall resolve the dispute in writing within 10 days. The
952	resolution of a dispute by the special magistrate masteris
953	binding on the department and the Florida Association of Court
954	Clerks.
955	Section 54. Section 64.061, Florida Statutes, is amended
956	to read:
957	64.061 Partition of property; commissioners; special
958	magistrate master.--
959	(1) APPOINTMENT AND REMOVAL.--When a judgment of partition
960	is made, the court shall appoint three suitable persons as
961	commissioners to make the partition. They shall be selected by
962	the court unless agreed on by the parties. They may be removed
963	by the court for good cause and others appointed in their
964	places.
965	(2) POWERS, DUTIES, COMPENSATION AND REPORT OF
966	COMMISSIONERS.--The commissioners shall be sworn to execute the
967	trust imposed in them faithfully and impartially before entering
968	on their duties; have power to employ a surveyor, if necessary,
969	for the purpose of making partition; be allowed such sum as is
970	reasonable for their services; to make partition of the lands in
971	question according to the court's order and report it in writing
972	to the court without delay.
973	(3) EXCEPTIONS TO REPORT AND FINAL JUDGMENT.--Any party
974	may file objections to the report of the commissioners within 10
975	days after it is served. If no objections are filed or if the
976	court is satisfied on hearing any such objections that they are
977	not well-founded, the report shall be confirmed, and a final
978	judgment entered vesting in the parties the title to the parcels
979	of the lands allotted to them respectively, and giving each of
980	them the possession of and quieting title to their respective
981	shares as against the other parties to the action or those
982	claiming through or under them.
983	(4) APPOINTMENT OF SPECIAL MAGISTRATE MASTERWHERE
984	PROPERTY NOT SUBJECT TO PARTITION.--On an uncontested allegation
985	in a pleading that the property sought to be partitioned is
986	indivisible and is not subject to partition without prejudice to
987	the owners of it or if a judgment of partition is entered and
988	the court is satisfied that the allegation is correct, on motion
989	of any party and notice to the others the court may appoint a
990	special magistrate masteror the clerk to make sale of the
991	property either at private sale or as provided by s. 64.071.
992	Section 55. Subsection (5) of section 65.061, Florida
993	Statutes, is amended to read:
994	65.061 Quieting title; additional remedy.--
995	(5) RECORDING FINAL JUDGMENTS.--All final judgments may be
996	recorded in the county or counties in which the land is situated
997	and operate to vest title in like manner as though a conveyance
998	were executed by a special magistrate masteror commissioner.
999	Section 56. Section 69.051, Florida Statutes, is amended
1000	to read:
1001	69.051 General and special magistrates Masters in
1002	chancery; compensation.--General and special magistrates
1003	appointed by the court Masters in chanceryshall be allowed such
1004	compensation for any services as the court deems reasonable,
1005	including time consumed in legal research required in preparing
1006	and summarizing their findings of fact and law.
1007	Section 57. Section 70.51, Florida Statutes, is amended to
1008	read:
1009	70.51 Land use and environmental dispute resolution.--
1010	(1) This section may be cited as the "Florida Land Use and
1011	Environmental Dispute Resolution Act."
1012	(2) As used in this section, the term:
1013	(a) "Development order" means any order, or notice of
1014	proposed state or regional governmental agency action, which is
1015	or will have the effect of granting, denying, or granting with
1016	conditions an application for a development permit, and includes
1017	the rezoning of a specific parcel. Actions by the state or a
1018	local government on comprehensive plan amendments are not
1019	development orders.
1020	(b) "Development permit" means any building permit, zoning
1021	permit, subdivision approval, certification, special exception,
1022	variance, or any other similar action of local government, as
1023	well as any permit authorized to be issued under state law by
1024	state, regional, or local government which has the effect of
1025	authorizing the development of real property including, but not
1026	limited to, programs implementing chapters 125, 161, 163, 166,
1027	187, 258, 372, 373, 378, 380, and 403.
1028	(c) "Special magistrate master" means a person selected by
1029	the parties to perform the duties prescribed in this section.
1030	The special magistrate mastermust be a resident of the state
1031	and possess experience and expertise in mediation and at least
1032	one of the following disciplines and a working familiarity with
1033	the others: land use and environmental permitting, land
1034	planning, land economics, local and state government
1035	organization and powers, and the law governing the same.
1036	(d) "Owner" means a person with a legal or equitable
1037	interest in real property who filed an application for a
1038	development permit for the property at the state, regional, or
1039	local level and who received a development order, or who holds
1040	legal title to real property that is subject to an enforcement
1041	action of a governmental entity.
1042	(e) "Proposed use of the property" means the proposal
1043	filed by the owner to develop his or her real property.
1044	(f) "Governmental entity" includes an agency of the state,
1045	a regional or a local government created by the State
1046	Constitution or by general or special act, any county or
1047	municipality, or any other entity that independently exercises
1048	governmental authority. The term does not include the United
1049	States or any of its agencies.
1050	(g) "Land" or "real property" means land and includes any
1051	appurtenances and improvements to the land, including any other
1052	relevant real property in which the owner had a relevant
1053	interest.
1054	(3) Any owner who believes that a development order,
1055	either separately or in conjunction with other development
1056	orders, or an enforcement action of a governmental entity, is
1057	unreasonable or unfairly burdens the use of the owner's real
1058	property, may apply within 30 days after receipt of the order or
1059	notice of the governmental action for relief under this section.
1060	(4) To initiate a proceeding under this section, an owner
1061	must file a request for relief with the elected or appointed
1062	head of the governmental entity that issued the development
1063	order or orders, or that initiated the enforcement action. The
1064	head of the governmental entity may not charge the owner for the
1065	request for relief and must forward the request for relief to
1066	the special magistrate masterwho is mutually agreed upon by the
1067	owner and the governmental entity within 10 days after receipt
1068	of the request.
1069	(5) The governmental entity with whom a request has been
1070	filed shall also serve a copy of the request for relief by
1071	United States mail or by hand delivery to:
1072	(a) Owners of real property contiguous to the owner's
1073	property at the address on the latest county tax roll.
1074	(b) Any substantially affected party who submitted oral or
1075	written testimony, sworn or unsworn, of a substantive nature
1076	which stated with particularity objections to or support for any
1077	development order at issue or enforcement action at issue.
1078	Notice under this paragraph is required only if that party
1079	indicated a desire to receive notice of any subsequent special
1080	magistrate masterproceedings occurring on the development order
1081	or enforcement action. Each governmental entity must maintain in
1082	its files relating to particular development orders a mailing
1083	list of persons who have presented oral or written testimony and
1084	who have requested notice.
1085	(6) The request for relief must contain:
1086	(a) A brief statement of the owner's proposed use of the
1087	property.
1088	(b) A summary of the development order or description of
1089	the enforcement action. A copy of the development order or the
1090	documentation of an enforcement action at issue must be attached
1091	to the request.
1092	(c) A brief statement of the impact of the development
1093	order or enforcement action on the ability of the owner to
1094	achieve the proposed use of the property.
1095	(d) A certificate of service showing the parties,
1096	including the governmental entity, served.
1097	(7) The special magistrate mastermay require other
1098	information in the interest of gaining a complete understanding
1099	of the request for relief.
1100	(8) The special magistrate mastermay conduct a hearing on
1101	whether the request for relief should be dismissed for failing
1102	to include the information required in subsection (6). If the
1103	special magistrate master dismisses the case, the special
1104	magistrate mastershall allow the owner to amend the request and
1105	refile. Failure to file an adequate amended request within the
1106	time specified shall result in a dismissal with prejudice as to
1107	this proceeding.
1108	(9) By requesting relief under this section, the owner
1109	consents to grant the special magistrate masterand the parties
1110	reasonable access to the real property with advance notice at a
1111	time and in a manner acceptable to the owner of the real
1112	property.
1113	(10)(a) Before initiating a special magistrate master
1114	proceeding to review a local development order or local
1115	enforcement action, the owner must exhaust all nonjudicial local
1116	government administrative appeals if the appeals take no longer
1117	than 4 months. Once nonjudicial local administrative appeals
1118	are exhausted and the development order or enforcement action is
1119	final, or within 4 months after issuance of the development
1120	order or notice of the enforcement action if the owner has
1121	pursued local administrative appeals even if the appeals have
1122	not been concluded, the owner may initiate a proceeding under
1123	this section. Initiation of a proceeding tolls the time for
1124	seeking judicial review of a local government development order
1125	or enforcement action until the special magistrate's master's
1126	recommendation is acted upon by the local government. Election
1127	by the owner to file for judicial review of a local government
1128	development order or enforcement action prior to initiating a
1129	proceeding under this section waives any right to a special
1130	magistrate masterproceeding.
1131	(b) If an owner requests special master relief under this
1132	sectionfrom a development order or enforcement action issued by
1133	a state or regional agency, the time for challenging agency
1134	action under ss. 120.569 and 120.57 is tolled. If an owner
1135	chooses to bring a proceeding under ss. 120.569 and 120.57
1136	before initiating a special master proceeding under this
1137	section, then the owner waives any right to a special magistrate
1138	masterproceeding unless all parties consent to proceeding to
1139	mediation.
1140	(11) The initial party to the proceeding is the
1141	governmental entity that issues the development order to the
1142	owner or that is taking the enforcement action. In those
1143	instances when the development order or enforcement action is
1144	the culmination of a process involving more than one
1145	governmental entity or when a complete resolution of all
1146	relevant issues would require the active participation of more
1147	than one governmental entity, the special magistrate mastermay,
1148	upon application of a party, join those governmental entities as
1149	parties to the proceeding if it will assist in effecting the
1150	purposes of this section, and those governmental entities so
1151	joined shall actively participate in the procedure.
1152	(12) Within 21 days after receipt of the request for
1153	relief, any owner of land contiguous to the owner's property and
1154	any substantially affected person who submitted oral or written
1155	testimony, sworn or unsworn, of a substantive nature which
1156	stated with particularity objections to or support for the
1157	development order or enforcement action at issue may request to
1158	participate in the proceeding. Those persons may be permitted to
1159	participate in the hearing but shall not be granted party or
1160	intervenor status. The participation of such persons is limited
1161	to addressing issues raised regarding alternatives, variances,
1162	and other types of adjustment to the development order or
1163	enforcement action which may impact their substantial interests,
1164	including denial of the development order or application of an
1165	enforcement action.
1166	(13) Each party must make efforts to assure that those
1167	persons qualified by training or experience necessary to address
1168	issues raised by the request or by the special magistrate master
1169	and further qualified to address alternatives, variances, and
1170	other types of modifications to the development order or
1171	enforcement action are present at the hearing.
1172	(14) The special magistrate mastermay subpoena any
1173	nonparty witnesses in the state whom the special magistrate
1174	masterbelieves will aid in the disposition of the matter.
1175	(15)(a) The special magistrate mastershall hold a hearing
1176	within 45 days after his or her receipt of the request for
1177	relief unless a different date is agreed to by all the parties.
1178	The hearing must be held in the county in which the property is
1179	located.
1180	(b) The special magistrate mastermust provide notice of
1181	the place, date, and time of the hearing to all parties and any
1182	other persons who have requested such notice at least 40 days
1183	prior to the hearing.
1184	(16)(a) Fifteen days following the filing of a request for
1185	relief, the governmental entity that issued the development
1186	order or that is taking the enforcement action shall file a
1187	response to the request for relief with the special magistrate
1188	mastertogether with a copy to the owner. The response must set
1189	forth in reasonable detail the position of the governmental
1190	entity regarding the matters alleged by the owner. The response
1191	must include a brief statement explaining the public purpose of
1192	the regulations on which the development order or enforcement
1193	action is based.
1194	(b) Any governmental entity that is added by the special
1195	magistrate masteras a party must file a response to the request
1196	for relief prior to the hearing but not later than 15 days
1197	following its admission.
1198	(c) Any party may incorporate in the response to the
1199	request for relief a request to be dropped from the proceeding.
1200	The request to be dropped must set forth facts and
1201	circumstances relevant to aid the special magistrate masterin
1202	ruling on the request. All requests to be dropped must be
1203	disposed of prior to conducting any hearings on the merits of
1204	the request for relief.
1205	(17) In all respects, the hearing must be informal and
1206	open to the public and does not require the use of an attorney.
1207	The hearing must operate at the direction and under the
1208	supervision of the special magistrate master. The object of the
1209	hearing is to focus attention on the impact of the governmental
1210	action giving rise to the request for relief and to explore
1211	alternatives to the development order or enforcement action and
1212	other regulatory efforts by the governmental entities in order
1213	to recommend relief, when appropriate, to the owner.
1214	(a) The first responsibility of the special magistrate
1215	masteris to facilitate a resolution of the conflict between the
1216	owner and governmental entities to the end that some
1217	modification of the owner's proposed use of the property or
1218	adjustment in the development order or enforcement action or
1219	regulatory efforts by one or more of the governmental parties
1220	may be reached. Accordingly, the special magistrate mastershall
1221	act as a facilitator or mediator between the parties in an
1222	effort to effect a mutually acceptable solution. The parties
1223	shall be represented at the mediation by persons with authority
1224	to bind their respective parties to a solution, or by persons
1225	with authority to recommend a solution directly to the persons
1226	with authority to bind their respective parties to a solution.
1227	(b) If an acceptable solution is not reached by the
1228	parties after the special magistrate's master'sattempt at
1229	mediation, the special magistrate mastershall consider the
1230	facts and circumstances set forth in the request for relief and
1231	any responses and any other information produced at the hearing
1232	in order to determine whether the action by the governmental
1233	entity or entities is unreasonable or unfairly burdens the real
1234	property.
1235	(c) In conducting the hearing, the special magistrate
1236	mastermay hear from all parties and witnesses that are
1237	necessary to an understanding of the matter. The special
1238	magistrate mastershall weigh all information offered at the
1239	hearing.
1240	(18) The circumstances to be examined in determining
1241	whether the development order or enforcement action, or the
1242	development order or enforcement action in conjunction with
1243	regulatory efforts of other governmental parties, is
1244	unreasonable or unfairly burdens use of the property may
1245	include, but are not limited to:
1246	(a) The history of the real property, including when it
1247	was purchased, how much was purchased, where it is located, the
1248	nature of the title, the composition of the property, and how it
1249	was initially used.
1250	(b) The history or development and use of the real
1251	property, including what was developed on the property and by
1252	whom, if it was subdivided and how and to whom it was sold,
1253	whether plats were filed or recorded, and whether infrastructure
1254	and other public services or improvements may have been
1255	dedicated to the public.
1256	(c) The history of environmental protection and land use
1257	controls and other regulations, including how and when the land
1258	was classified, how use was proscribed, and what changes in
1259	classifications occurred.
1260	(d) The present nature and extent of the real property,
1261	including its natural and altered characteristics.
1262	(e) The reasonable expectations of the owner at the time
1263	of acquisition, or immediately prior to the implementation of
1264	the regulation at issue, whichever is later, under the
1265	regulations then in effect and under common law.
1266	(f) The public purpose sought to be achieved by the
1267	development order or enforcement action, including the nature
1268	and magnitude of the problem addressed by the underlying
1269	regulations on which the development order or enforcement action
1270	is based; whether the development order or enforcement action is
1271	necessary to the achievement of the public purpose; and whether
1272	there are alternative development orders or enforcement action
1273	conditions that would achieve the public purpose and allow for
1274	reduced restrictions on the use of the property.
1275	(g) Uses authorized for and restrictions placed on similar
1276	property.
1277	(h) Any other information determined relevant by the
1278	special magistrate master.
1279	(19) Within 14 days after the conclusion of the hearing,
1280	the special magistrate mastershall prepare and file with all
1281	parties a written recommendation.
1282	(a) If the special magistrate masterfinds that the
1283	development order at issue, or the development order or
1284	enforcement action in combination with the actions or
1285	regulations of other governmental entities, is not unreasonable
1286	or does not unfairly burden the use of the owner's property, the
1287	special magistrate mastermust recommend that the development
1288	order or enforcement action remain undisturbed and the
1289	proceeding shall end, subject to the owner's retention of all
1290	other available remedies.
1291	(b) If the special magistrate masterfinds that the
1292	development order or enforcement action, or the development
1293	order or enforcement action in combination with the actions or
1294	regulations of other governmental entities, is unreasonable or
1295	unfairly burdens use of the owner's property, the special
1296	magistrate master, with the owner's consent to proceed, may
1297	recommend one or more alternatives that protect the public
1298	interest served by the development order or enforcement action
1299	and regulations at issue but allow for reduced restraints on the
1300	use of the owner's real property, including, but not limited to:
1301	1. An adjustment of land development or permit standards
1302	or other provisions controlling the development or use of land.
1303	2. Increases or modifications in the density, intensity,
1304	or use of areas of development.
1305	3. The transfer of development rights.
1306	4. Land swaps or exchanges.
1307	5. Mitigation, including payments in lieu of onsite
1308	mitigation.
1309	6. Location on the least sensitive portion of the
1310	property.
1311	7. Conditioning the amount of development or use
1312	permitted.
1313	8. A requirement that issues be addressed on a more
1314	comprehensive basis than a single proposed use or development.
1315	9. Issuance of the development order, a variance, special
1316	exception, or other extraordinary relief, including withdrawal
1317	of the enforcement action.
1318	10. Purchase of the real property, or an interest therein,
1319	by an appropriate governmental entity.
1320	(c) This subsection does not prohibit the owner and
1321	governmental entity from entering in to an agreement as to the
1322	permissible use of the property prior to the special magistrate
1323	masterentering a recommendation. An agreement for a
1324	permissible use must be incorporated in the special magistrate's
1325	master'srecommendation.
1326	(20) The special magistrate's master'srecommendation is a
1327	public record under chapter 119. However, actions or statements
1328	of all participants to the special magistrate masterproceeding
1329	are evidence of an offer to compromise and inadmissible in any
1330	proceeding, judicial or administrative.
1331	(21) Within 45 days after receipt of the special
1332	magistrate's master'srecommendation, the governmental entity
1333	responsible for the development order or enforcement action and
1334	other governmental entities participating in the proceeding must
1335	consult among themselves and each governmental entity must:
1336	(a) Accept the recommendation of the special magistrate
1337	masteras submitted and proceed to implement it by development
1338	agreement, when appropriate, or by other method, in the ordinary
1339	course and consistent with the rules and procedures of that
1340	governmental entity. However, the decision of the governmental
1341	entity to accept the recommendation of the special magistrate
1342	masterwith respect to granting a modification, variance, or
1343	special exception to the application of statutes, rules,
1344	regulations, or ordinances as they would otherwise apply to the
1345	subject property does not require an owner to duplicate previous
1346	processes in which the owner has participated in order to
1347	effectuate the granting of the modification, variance, or
1348	special exception;
1349	(b) Modify the recommendation as submitted by the special
1350	magistrate masterand proceed to implement it by development
1351	agreement, when appropriate, or by other method, in the ordinary
1352	course and consistent with the rules and procedures of that
1353	governmental entity; or
1354	(c) Reject the recommendation as submitted by the special
1355	magistrate master. Failure to act within 45 days is a rejection
1356	unless the period is extended by agreement of the owner and
1357	issuer of the development order or enforcement action.
1358	(22) If a governmental entity accepts the special
1359	magistrate's master'srecommendation or modifies it and the
1360	owner rejects the acceptance or modification, or if a
1361	governmental entity rejects the special magistrate's master's
1362	recommendation, the governmental entity must issue a written
1363	decision within 30 days that describes as specifically as
1364	possible the use or uses available to the subject real property.
1365	(23) The procedure established by this section may not
1366	continue longer than 165 days, unless the period is extended by
1367	agreement of the parties. A decision describing available uses
1368	constitutes the last prerequisite to judicial action and the
1369	matter is ripe or final for subsequent judicial proceedings
1370	unless the owner initiates a proceeding under ss. 120.569 and
1371	120.57. If the owner brings a proceeding under ss. 120.569 and
1372	120.57, the matter is ripe when the proceeding culminates in a
1373	final order whether further appeal is available or not.
1374	(24) The procedure created by this section is not itself,
1375	nor does it create, a judicial cause of action. Once the
1376	governmental entity acts on the special magistrate's master's
1377	recommendation, the owner may elect to file suit in a court of
1378	competent jurisdiction. Invoking the procedures of this section
1379	is not a condition precedent to filing a civil action.
1380	(25) Regardless of the action the governmental entity
1381	takes on the special magistrate's master'srecommendation, a
1382	recommendation that the development order or enforcement action,
1383	or the development order or enforcement action in combination
1384	with other governmental regulatory actions, is unreasonable or
1385	unfairly burdens use of the owner's real property may serve as
1386	an indication of sufficient hardship to support modification,
1387	variances, or special exceptions to the application of statutes,
1388	rules, regulations, or ordinances to the subject property.
1389	(26) A special magistrate's master'srecommendation under
1390	this section constitutes data in support of, and a support
1391	document for, a comprehensive plan or comprehensive plan
1392	amendment, but is not, in and of itself, dispositive of a
1393	determination of compliance with chapter 163. Any comprehensive
1394	plan amendment necessary to carry out the approved
1395	recommendation of a special magistrate masterunder this section
1396	is exempt from the twice-a-year limit on plan amendments and may
1397	be adopted by the local government amendments in s.
1398	163.3184(16)(d).
1399	(27) The special magistrate mastershall send a copy of
1400	the recommendation in each case to the Department of Legal
1401	Affairs. Each governmental entity, within 15 days after its
1402	action on the special magistrate's master'srecommendation,
1403	shall notify the Department of Legal Affairs in writing as to
1404	what action the governmental entity took on the special
1405	magistrate's master'srecommendation.
1406	(28) Each governmental entity may establish procedural
1407	guidelines to govern the conduct of proceedings authorized by
1408	this section, which must include, but are not limited to,
1409	payment of special magistrate masterfees and expenses,
1410	including the costs of providing notice and effecting service of
1411	the request for relief under this section, which shall be borne
1412	equally by the governmental entities and the owner.
1413	(29) This section shall be liberally construed to effect
1414	fully its obvious purposes and intent, and governmental entities
1415	shall direct all available resources and authorities to effect
1416	fully the obvious purposes and intent of this section in
1417	resolving disputes. Governmental entities are encouraged to
1418	expedite notice and time-related provisions to implement
1419	resolution of disputes under this section. The procedure
1420	established by this section may be used to resolve disputes in
1421	pending judicial proceedings, with the agreement of the parties
1422	to the judicial proceedings, and subject to the approval of the
1423	court in which the judicial proceedings are pending. The
1424	provisions of this section are cumulative, and do not supplant
1425	other methods agreed to by the parties and lawfully available
1426	for arbitration, mediation, or other forms of alternative
1427	dispute resolution.
1428	(30) This section applies only to development orders
1429	issued, modified, or amended, or to enforcement actions issued,
1430	on or after October 1, 1995.
1431	Section 58. Subsection (1) of section 92.142, Florida
1432	Statutes, is amended to read:
1433	92.142 Witnesses; pay.--
1434	(1) Witnesses in all cases, civil and criminal, in all
1435	courts, now or hereafter created, and witnesses summoned before
1436	any arbitrator or general or special magistrate appointed by the
1437	court master in chanceryshall receive for each day's actual
1438	attendance $5 and also 6 cents per mile for actual distance
1439	traveled to and from the courts. A witness in a criminal case
1440	required to appear in a county other than the county of his or
1441	her residence and residing more than 50 miles from the location
1442	of the trial shall be entitled to per diem and travel expenses
1443	at the same rate provided for state employees under s. 112.061,
1444	in lieu of any other witness fee at the discretion of the court.
1445	Section 59. Section 112.41, Florida Statutes, is amended
1446	to read:
1447	112.41 Contents of order of suspension; Senate select
1448	committee; special magistrate examiner.--
1449	(1) The order of the Governor, in suspending any officer
1450	pursuant to the provisions of s. 7, Art. IV of the State
1451	Constitution, shall specify facts sufficient to advise both the
1452	officer and the Senate as to the charges made or the basis of
1453	the suspension.
1454	(2) The Senate shall conduct a hearing in the manner
1455	prescribed by rules of the Senate adopted for this purpose.
1456	(3) The Senate may provide for a select committee to be
1457	appointed by the Senate in accordance with its rules for the
1458	purpose of hearing the evidence and making its recommendation to
1459	the Senate as to the removal or reinstatement of the suspended
1460	officer.
1461	(4) The Senate may, in lieu of the use of a select
1462	committee, appoint a special examiner or a special magistrate
1463	masterto receive the evidence and make recommendations to the
1464	Senate.
1465	Section 60. Section 112.43, Florida Statutes, is amended
1466	to read:
1467	112.43 Prosecution of suspension before Senate.--All
1468	suspensions heard by the Senate, a select committee, or special
1469	magistrate master, or examinerin accordance with rules of the
1470	Senate shall be prosecuted by the Governor, the Governor's legal
1471	staff, or an attorney designated by the Governor. Should the
1472	Senate, or the select committee appointed by the Senate to hear
1473	the evidence and to make recommendations, desire private
1474	counsel, either the Senate or the select committee shall be
1475	entitled to employ its own counsel for this purpose. Nothing
1476	herein shall prevent the Senate or its select committee from
1477	making its own investigation and presenting such evidence as its
1478	investigation may reveal. The Governor may request the advice of
1479	the Department of Legal Affairs relative to the suspension order
1480	prior to its issuance by the Governor. Following the issuance of
1481	the suspension order, either the Senate or the select committee
1482	may request the Department of Legal Affairs to provide counsel
1483	for the Senate to advise on questions of law or otherwise advise
1484	with the Senate or the select committee, but the Department of
1485	Legal Affairs shall not be required to prosecute before the
1486	Senate or the committee and shall, pursuant to the terms of this
1487	section, act as the legal adviser only.
1488	Section 61. Section 112.47, Florida Statutes, is amended
1489	to read:
1490	112.47 Hearing before Senate select committee;
1491	notice.--The Senate shall afford each suspended official a
1492	hearing before a select committee or special magistrate, master,
1493	or examiner,and shall notify such suspended official of the
1494	time and place of the hearing sufficiently in advance thereof to
1495	afford such official an opportunity fully and adequately to
1496	prepare such defenses as the official may be advised are
1497	necessary and proper, and all such defenses may be presented by
1498	the official or by the official's attorney. In the furtherance
1499	of this provision the Senate shall adopt sufficient procedural
1500	rules to afford due process both to the Governor in the
1501	presentation of his or her evidence and to the suspended
1502	official, but in the absence of such adoption, this section
1503	shall afford a full and complete hearing, public in nature, as
1504	required by the State Constitution. However, nothing in this
1505	part shall prevent either the select committee or the Senate
1506	from conducting portions of the hearing in executive session if
1507	the Senate rules so provide.
1508	Section 62. Subsection (2) of section 162.03, Florida
1509	Statutes, is amended to read:
1510	162.03 Applicability.--
1511	(2) A charter county, a noncharter county, or a
1512	municipality may, by ordinance, adopt an alternate code
1513	enforcement system that whichgives code enforcement boards or
1514	special magistrates mastersdesignated by the local governing
1515	body, or both, the authority to hold hearings and assess fines
1516	against violators of the respective county or municipal codes
1517	and ordinances. A special magistrate mastershall have the same
1518	status as an enforcement board under this chapter. References in
1519	this chapter to an enforcement board, except in s. 162.05, shall
1520	include a special magistrate masterif the context permits.
1521	Section 63. Subsection (5) of section 162.06, Florida
1522	Statutes, is amended to read:
1523	162.06 Enforcement procedure.--
1524	(5) If the owner of property that whichis subject to an
1525	enforcement proceeding before an enforcement board, special
1526	magistrate master, or court transfers ownership of such property
1527	between the time the initial pleading was served and the time of
1528	the hearing, such owner shall:
1529	(a) Disclose, in writing, the existence and the nature of
1530	the proceeding to the prospective transferee.
1531	(b) Deliver to the prospective transferee a copy of the
1532	pleadings, notices, and other materials relating to the code
1533	enforcement proceeding received by the transferor.
1534	(c) Disclose, in writing, to the prospective transferee
1535	that the new owner will be responsible for compliance with the
1536	applicable code and with orders issued in the code enforcement
1537	proceeding.
1538	(d) File a notice with the code enforcement official of
1539	the transfer of the property, with the identity and address of
1540	the new owner and copies of the disclosures made to the new
1541	owner, within 5 days after the date of the transfer.
1542
1543	A failure to make the disclosures described in paragraphs (a),
1544	(b), and (c) before the transfer creates a rebuttable
1545	presumption of fraud. If the property is transferred before the
1546	hearing, the proceeding shall not be dismissed, but the new
1547	owner shall be provided a reasonable period of time to correct
1548	the violation before the hearing is held.
1549	Section 64. Paragraph (d) of subsection (2) of section
1550	162.09, Florida Statutes, is amended to read:
1551	162.09 Administrative fines; costs of repair; liens.--
1552	(2)
1553	(d) A county or a municipality having a population equal
1554	to or greater than 50,000 may adopt, by a vote of at least a
1555	majority plus one of the entire governing body of the county or
1556	municipality, an ordinance that gives code enforcement boards or
1557	special magistrates masters, or both, authority to impose fines
1558	in excess of the limits set forth in paragraph(a). Such fines
1559	shall not exceed $1,000 per day per violation for a first
1560	violation, $5,000 per day per violation for a repeat violation,
1561	and up to $15,000 per violation if the code enforcement board or
1562	special magistrate masterfinds the violation to be irreparable
1563	or irreversible in nature. In addition to such fines, a code
1564	enforcement board or special magistrate mastermay impose
1565	additional fines to cover all costs incurred by the local
1566	government in enforcing its codes and all costs of repairs
1567	pursuant to subsection (1). Any ordinance imposing such fines
1568	shall include criteria to be considered by the code enforcement
1569	board or special magistrate masterin determining the amount of
1570	the fines, including, but not limited to, those factors set
1571	forth in paragraph (b).
1572	Section 65. Section 173.09, Florida Statutes, is amended
1573	to read:
1574	173.09 Judgment for complainant; special magistrate's
1575	master'ssale; complainant may purchase and later sell.--
1576	(1) Any such decree shall direct the special magistrate
1577	masterthereby appointed to sell the several parcels of land
1578	separately to the highest and best bidder for cash (or, at the
1579	option of complainant, to the extent of special assessments
1580	included in such judgment, for bonds or interest coupons issued
1581	by complainant), at public outcry at the courthouse door of the
1582	county in which such suit is pending, or at such point or place
1583	in the complainant municipality as the court in such final
1584	decree may direct, after having advertised such sale (which
1585	advertisement may include all lands so ordered sold) once each
1586	week for 2 consecutive weeks in some newspaper published in the
1587	municipality city or town in which is the complainant arose or,
1588	if there isno such newspaper, in a newspaper published in the
1589	county in which the suit is pending, and if all the lands so
1590	advertised for sale be not sold on the day specified in such
1591	advertisement, such sale shall be continued from day to day
1592	until the sale of all such land is completed.
1593	(2) Such sales shall be subject to confirmation by the
1594	court, and the said special magistrate mastershall, upon
1595	confirmation of the sale or sales, deliver to the purchaser or
1596	purchasers at said sale a deed of conveyance of the property so
1597	sold; provided, however, that in any case where any lands are
1598	offered for sale by the special magistrate masterand the sum of
1599	the tax, tax certificates and special assessments, interest,
1600	penalty, costs,and attorney's fee is not bid for the same, the
1601	complainant may bid the whole amount due and the special
1602	magistrate mastershall thereupon convey such parcel or parcels
1603	of land to the complainant.
1604	(3) The property so bid in by complainant shall become its
1605	property in fee simple and may be disposed of by it in the
1606	manner provided by law, except that in the sale or disposition
1607	of any such lands the municipality city or townmay, in its
1608	discretion, accept in payment or part payment therefor any bonds
1609	or interest coupons constituting liabilities of the municipality
1610	said city or town.
1611	Section 66. Section 173.10, Florida Statutes, is amended
1612	to read:
1613	173.10 Judgment for complainant; court may order payment
1614	of other taxes or sale subject to taxes; special magistrate's
1615	master'sconveyances.--
1616	(1) In the judgment or decree the court may, in its
1617	discretion, direct the payment of all unpaid state and county
1618	taxes and also all unpaid municipal city or towntaxes and
1619	special assessments or installments thereof, imposed or falling
1620	due since the institution of the suit, with the penalties and
1621	costs, out of the proceeds of such foreclosure sale, or it may
1622	order and direct such sale or sales to be made subject to such
1623	state, and county, and municipal city or towntaxes and special
1624	assessments.
1625	(2) Any and all conveyances by the special magistrate
1626	mastershall vest in the purchaser the fee simple title to the
1627	property so sold, subject only to such liens for state and
1628	county taxes or taxing districts whose liens are of equal
1629	dignity, and liens for municipal taxes and special assessments,
1630	or installments thereof, as are not directed by the decree of
1631	sale to be paid out of the proceeds of said sale.
1632	Section 67. Section 173.11, Florida Statutes, is amended
1633	to read:
1634	173.11 Distribution of proceeds of sale.--The proceeds of
1635	any foreclosure sale authorized by this chapter shall be
1636	distributed by the special magistrate masterconducting the sale
1637	according to the final decree,and if any surplus remains after
1638	the payment of the full amount of the decree, costs and
1639	attorney's fees, and any subsequent tax liens that whichmay be
1640	directed by such decree to be paid from the proceeds of sale,
1641	such surplus shall be deposited with the clerk of the court and
1642	disbursed under order of the court.
1643	Section 68. Section 173.12, Florida Statutes, is amended
1644	to read:
1645	173.12 Lands may be redeemed prior to sale.--Any person
1646	interested in any lands included in the suit may redeem such
1647	lands at any time prior to the sale thereof by the special
1648	magistrate masterby paying into the registry of the court the
1649	amount due for delinquent taxes, interest and penalties thereon,
1650	and such proportionate part of the expense, attorney's fees,and
1651	costs of suit as may have been fixed by the court in its decree
1652	of sale, or by written stipulation of complainant, and thereupon
1653	such lands shall be dismissed from the cause.
1654	Section 69. Subsection (1) of section 194.013, Florida
1655	Statutes, is amended to read:
1656	194.013 Filing fees for petitions; disposition; waiver.--
1657	(1) If so required by resolution of the value adjustment
1658	board, a petition filed pursuant to s. 194.011 shall be
1659	accompanied by a filing fee to be paid to the clerk of the value
1660	adjustment board in an amount determined by the board not to
1661	exceed $15 for each separate parcel of property, real or
1662	personal, covered by the petition and subject to appeal.
1663	However, no such filing fee may be required with respect to an
1664	appeal from the disapproval of homestead exemption under s.
1665	196.151 or from the denial of tax deferral under s. 197.253.
1666	Only a single filing fee shall be charged under this section as
1667	to any particular parcel of property despite the existence of
1668	multiple issues and hearings pertaining to such parcel. For
1669	joint petitions filed pursuant to s. 194.011(3)(e) or (f), a
1670	single filing fee shall be charged. Such fee shall be calculated
1671	as the cost of the special magistrate masterfor the time
1672	involved in hearing the joint petition and shall not exceed $5
1673	per parcel. Said fee is to be proportionately paid by affected
1674	parcel owners.
1675	Section 70. Paragraph (d) of subsection (1) and
1676	subsections (2) and (6) of section 194.034, Florida Statutes,
1677	are amended to read:
1678	194.034 Hearing procedures; rules.--
1679	(1)
1680	(d) Notwithstanding the provisions of this subsection, no
1681	petitioner may present for consideration, nor may a board or
1682	special magistrate masteraccept for consideration, testimony or
1683	other evidentiary materials that were requested of the
1684	petitioner in writing by the property appraiser of which the
1685	petitioner had knowledge and denied to the property appraiser.
1686	(2) In each case, except when a complaint is withdrawn by
1687	the petitioner or is acknowledged as correct by the property
1688	appraiser, the value adjustment board shall render a written
1689	decision. All such decisions shall be issued within 20 calendar
1690	days after ofthe last day the board is in session under s.
1691	194.032. The decision of the board shall contain findings of
1692	fact and conclusions of law and shall include reasons for
1693	upholding or overturning the determination of the property
1694	appraiser. When a special magistrate masterhas been appointed,
1695	the recommendations of the special magistrate mastershall be
1696	considered by the board. The clerk, upon issuance of the
1697	decisions, shall, on a form provided by the Department of
1698	Revenue, notify by first-class mail each taxpayer, the property
1699	appraiser, and the department of the decision of the board.
1700	(6) For purposes of hearing joint petitions filed pursuant
1701	to s. 194.011(3)(e), each included parcel shall be considered by
1702	the board as a separate petition. Such separate petitions shall
1703	be heard consecutively by the board. If a special magistrate
1704	masteris appointed, such separate petitions shall all be
1705	assigned to the same special magistrate master.
1706	Section 71. Section 194.035, Florida Statutes, is amended
1707	to read:
1708	194.035 Special magistrates masters; property
1709	evaluators.--
1710	(1) In counties having a population of more than 75,000,
1711	the board shall appoint special magistrates mastersfor the
1712	purpose of taking testimony and making recommendations to the
1713	board, which recommendations the board may act upon without
1714	further hearing. These Such special magistrates mastersmay not
1715	be elected or appointed officials or employees of the county but
1716	shall be selected from a list of those qualified individuals who
1717	are willing to serve as special magistrates masters. Employees
1718	and elected or appointed officials of a taxing jurisdiction or
1719	of the state may not serve as special magistrates masters. The
1720	clerk of the board shall annually notify such individuals or
1721	their professional associations to make known to them that
1722	opportunities to serve as special magistrates mastersexist. The
1723	Department of Revenue shall provide a list of qualified special
1724	magistrates mastersto any county with a population of 75,000 or
1725	less. Subject to appropriation, the department shall reimburse
1726	counties with a population of 75,000 or less for payments made
1727	to special magistrates mastersappointed for the purpose of
1728	taking testimony and making recommendations to the value
1729	adjustment board pursuant to this section. The department shall
1730	establish a reasonable range for payments per case to special
1731	magistrates mastersbased on such payments in other counties.
1732	Requests for reimbursement of payments outside this range shall
1733	be justified by the county. If the total of all requests for
1734	reimbursement in any year exceeds the amount available pursuant
1735	to this section, payments to all counties shall be prorated
1736	accordingly. A special magistrate masterappointed to hear
1737	issues of exemptions and classifications shall be a member of
1738	The Florida Bar with no less than 5 years' experience in the
1739	area of ad valorem taxation. A special magistrate master
1740	appointed to hear issues regarding the valuation of real estate
1741	shall be a state certified real estate appraiser with not less
1742	than 5 years' experience in real property valuation. A special
1743	magistrate masterappointed to hear issues regarding the
1744	valuation of tangible personal property shall be a designated
1745	member of a nationally recognized appraiser's organization with
1746	not less than 5 years' experience in tangible personal property
1747	valuation. A special magistrate masterneed not be a resident of
1748	the county in which he or she serves. A No special magistrate
1749	may not master shall be permitted torepresent a person before
1750	the board in any tax year during which he or she has served that
1751	board as a special magistrate master. The board shall appoint
1752	special magistrates such mastersfrom the list so compiled prior
1753	to convening of the board. The expense of hearings before
1754	magistrates masters and any compensation of special magistrates
1755	mastersshall be borne three-fifths by the board of county
1756	commissioners and two-fifths by the school board.
1757	(2) The value adjustment board of each county may employ
1758	qualified property appraisers or evaluators to appear before the
1759	value adjustment board at that meeting of the board which is
1760	held for the purpose of hearing complaints. Such property
1761	appraisers or evaluators shall present testimony as to the just
1762	value of any property the value of which is contested before the
1763	board and shall submit to examination by the board, the
1764	taxpayer, and the property appraiser.
1765	Section 72. Section 206.16, Florida Statutes, is amended
1766	to read:
1767	206.16 Officer selling property.--
1768	(1) No sheriff, receiver, assignee, general or special
1769	magistrate master, or other officer shall sell the property or
1770	franchise of any person for failure to pay fuel taxes,
1771	penalties, or interest without first filing with the department
1772	a statement containing the following information:
1773	(a) The name of the plaintiff or party at whose instance
1774	or upon whose account the sale is made;
1775	(b) The name of the person whose property or franchise is
1776	to be sold;
1777	(c) The time and place of sale; and
1778	(d) The nature of the property and the location of the
1779	same.
1780	(2) The department, after receiving notice as aforesaid,
1781	shall furnish to the sheriff, receiver, trustee, assignee,
1782	general or special magistrate master, or other officer having
1783	charge of the sale a certified copy or copies of all fuel taxes,
1784	penalties, and interest on file in the office of the department
1785	as liens against such person, and, in the event there are no
1786	such liens, a certificate showing that fact, which certified
1787	copies or copy of certificate shall be publicly read by such
1788	officer at and immediately before the sale of the property or
1789	franchise of such person.
1790	Section 73. Section 207.016, Florida Statutes, is amended
1791	to read:
1792	207.016 Officer's sale of property or franchise.--
1793	(1) No sheriff, receiver, assignee, general or special
1794	magistrate master, or other officer shall sell the property or
1795	franchise of any person for failure to pay taxes, penalties, or
1796	interest without first filing with the department a statement
1797	containing the following information:
1798	(a) The name of the plaintiff or party at whose instance
1799	or upon whose account the sale is made.
1800	(b) The name of the person whose property or franchise is
1801	to be sold.
1802	(c) The time and place of sale.
1803	(d) The nature of the property and the location of the
1804	same.
1805	(2) The department, after receiving notice as provided in
1806	subsection (1), shall furnish to the sheriff, receiver, trustee,
1807	assignee, general or special magistrate master, or other officer
1808	having charge of the sale a certified copy or copies of all
1809	taxes, penalties, and interest on file in the office of the
1810	department as liens against such person and, in the event there
1811	are no such liens, a certificate showing that fact, which
1812	certified copy or copies of certificate shall be publicly read
1813	by such officer at and immediately before the sale of the
1814	property or franchise of such person.
1815	Section 74. Section 320.411, Florida Statutes, is amended
1816	to read:
1817	320.411 Officer's sale of property or franchise.--
1818	(1) No sheriff, receiver, assignee, general or special
1819	magistrate master, or other officer shall sell the property or
1820	franchise of any motor carrier for failure to pay taxes,
1821	penalties, or interest without first filing with the department
1822	a statement containing the following information:
1823	(a) The name of the plaintiff or party at whose instance
1824	or upon whose account the sale is made.
1825	(b) The name of the motor carrier whose property or
1826	franchise is to be sold.
1827	(c) The time and place of sale.
1828	(d) The nature of the property and the location of the
1829	same.
1830	(2) The department, after receiving notice as provided in
1831	subsection (1), shall furnish to the sheriff, receiver, trustee,
1832	assignee, general or special magistrate master, or other officer
1833	having charge of the sale a certified copy of all taxes,
1834	penalties, and interest on file in the office of the department
1835	as liens against such motor carrier and, in the event there are
1836	no such liens, a certificate showing that fact, which certified
1837	copy or copies of certificate shall be publicly read by such
1838	officer at and immediately before the sale of the property or
1839	franchise of such motor carrier.
1840	Section 75. Subsection (7) of section 393.11, Florida
1841	Statutes, is amended to read:
1842	393.11 Involuntary admission to residential services.--
1843	(7) HEARING.--
1844	(a) The hearing for involuntary admission shall be
1845	conducted, and the order shall be entered, in the county in
1846	which the person is residing or be as convenient to the person
1847	as may be consistent with orderly procedure. The hearing shall
1848	be conducted in a physical setting not likely to be injurious to
1849	the person's condition.
1850	(b) A hearing on the petition shall be held as soon as
1851	practicable after the petition is filed, but reasonable delay
1852	for the purpose of investigation, discovery, or procuring
1853	counsel or witnesses shall be granted.
1854	(c) The court may appoint a general or special magistrate
1855	master to preside. Except as otherwise specified, the
1856	magistrate's master'sproceeding shall be governed by Rule
1857	1.490, Florida Rules of Civil Procedure.
1858	(d) The person with mental retardation shall be physically
1859	present throughout the entire proceeding. If the person's
1860	attorney believes that the person's presence at the hearing is
1861	not in the person's best interest, the person's presence may be
1862	waived once the court has seen the person and the hearing has
1863	commenced.
1864	(e) The person shall have the right to present evidence
1865	and to cross-examine all witnesses and other evidence alleging
1866	the appropriateness of the person's admission to residential
1867	care. Other relevant and material evidence regarding the
1868	appropriateness of the person's admission to residential
1869	services; the most appropriate, least restrictive residential
1870	placement; and the appropriate care, treatment, and habilitation
1871	of the person, including written or oral reports, may be
1872	introduced at the hearing by any interested person.
1873	(f) The petitioning commission may be represented by
1874	counsel at the hearing. The petitioning commission shall have
1875	the right to call witnesses, present evidence, cross-examine
1876	witnesses, and present argument on behalf of the petitioning
1877	commission.
1878	(g) All evidence shall be presented according to chapter
1879	90. The burden of proof shall be on the party alleging the
1880	appropriateness of the person's admission to residential
1881	services. The burden of proof shall be by clear and convincing
1882	evidence.
1883	(h) All stages of each proceeding shall be
1884	stenographically reported.
1885	Section 76. Subsections (6) and (7) of section 394.467,
1886	Florida Statutes, are amended to read:
1887	394.467 Involuntary placement.--
1888	(6) HEARING ON INVOLUNTARY PLACEMENT.--
1889	(a)1. The court shall hold the hearing on involuntary
1890	placement within 5 days, unless a continuance is granted. The
1891	hearing shall be held in the county where the patient is located
1892	and shall be as convenient to the patient as may be consistent
1893	with orderly procedure and shall be conducted in physical
1894	settings not likely to be injurious to the patient's condition.
1895	If the court finds that the patient's attendance at the hearing
1896	is not consistent with the best interests of the patient, and
1897	the patient's counsel does not object, the court may waive the
1898	presence of the patient from all or any portion of the hearing.
1899	The state attorney for the circuit in which the patient is
1900	located shall represent the state, rather than the petitioning
1901	facility administrator, as the real party in interest in the
1902	proceeding.
1903	2. The court may appoint a general or special magistrate
1904	masterto preside at the hearing. One of the professionals who
1905	executed the involuntary placement certificate shall be a
1906	witness. The patient and the patient's guardian or
1907	representative shall be informed by the court of the right to an
1908	independent expert examination. If the patient cannot afford
1909	such an examination, the court shall provide for one. The
1910	independent expert's report shall be confidential and not
1911	discoverable, unless the expert is to be called as a witness for
1912	the patient at the hearing. The testimony in the hearing must be
1913	given under oath, and the proceedings must be recorded. The
1914	patient may refuse to testify at the hearing.
1915	(b) If the court concludes that the patient meets the
1916	criteria for involuntary placement, it shall order that the
1917	patient be transferred to a treatment facility or, if the
1918	patient is at a treatment facility, that the patient be retained
1919	there or be treated at any other appropriate receiving or
1920	treatment facility, or that the patient receive services from a
1921	receiving or treatment facility, on an involuntary basis, for a
1922	period of up to 6 months. The order shall specify the nature and
1923	extent of the patient's mental illness. The facility shall
1924	discharge a patient any time the patient no longer meets the
1925	criteria for involuntary placement, unless the patient has
1926	transferred to voluntary status.
1927	(c) If at any time prior to the conclusion of the hearing
1928	on involuntary placement it appears to the court that the person
1929	does not meet the criteria for involuntary placement under this
1930	chapter, but instead meets the criteria for involuntary
1931	assessment, protective custody, or involuntary admission
1932	pursuant to s. 397.675, then the court may order the person to
1933	be admitted for involuntary assessment for a period of 5 days
1934	pursuant to s. 397.6811. Thereafter, all proceedings shall be
1935	governed by chapter 397.
1936	(d) At the hearing on involuntary placement, the court
1937	shall consider testimony and evidence regarding the patient's
1938	competence to consent to treatment. If the court finds that the
1939	patient is incompetent to consent to treatment, it shall appoint
1940	a guardian advocate as provided in s. 394.4598.
1941	(e) The administrator of the receiving facility shall
1942	provide a copy of the court order and adequate documentation of
1943	a patient's mental illness to the administrator of a treatment
1944	facility whenever a patient is ordered for involuntary
1945	placement, whether by civil or criminal court. Such
1946	documentation shall include any advance directives made by the
1947	patient, a psychiatric evaluation of the patient, and any
1948	evaluations of the patient performed by a clinical psychologist
1949	or a clinical social worker. The administrator of a treatment
1950	facility may refuse admission to any patient directed to its
1951	facilities on an involuntary basis, whether by civil or criminal
1952	court order, who is not accompanied at the same time by adequate
1953	orders and documentation.
1954	(7) PROCEDURE FOR CONTINUED INVOLUNTARY PLACEMENT.--
1955	(a) Hearings on petitions for continued involuntary
1956	placement shall be administrative hearings and shall be
1957	conducted in accordance with the provisions of s. 120.57(1),
1958	except that any order entered by the administrative law judge
1959	hearing officershall be final and subject to judicial review in
1960	accordance with s. 120.68. Orders concerning patients committed
1961	after successfully pleading not guilty by reason of insanity
1962	shall be governed by the provisions of s. 916.15.
1963	(b) If the patient continues to meet the criteria for
1964	involuntary placement, the administrator shall, prior to the
1965	expiration of the period during which the treatment facility is
1966	authorized to retain the patient, file a petition requesting
1967	authorization for continued involuntary placement. The request
1968	shall be accompanied by a statement from the patient's physician
1969	or clinical psychologist justifying the request, a brief
1970	description of the patient's treatment during the time he or she
1971	was involuntarily placed, and an individualized plan of
1972	continued treatment. Notice of the hearing shall be provided as
1973	set forth in s. 394.4599. If at the hearing the administrative
1974	law judge hearing officerfinds that attendance at the hearing
1975	is not consistent with the best interests of the patient, the
1976	administrative law judge hearing officermay waive the presence
1977	of the patient from all or any portion of the hearing, unless
1978	the patient, through counsel, objects to the waiver of presence.
1979	The testimony in the hearing must be under oath, and the
1980	proceedings must be recorded.
1981	(c) Unless the patient is otherwise represented or is
1982	ineligible, he or she shall be represented at the hearing on the
1983	petition for continued involuntary placement by the public
1984	defender of the circuit in which the facility is located.
1985	(d) If at a hearing it is shown that the patient continues
1986	to meet the criteria for involuntary placement, the
1987	administrative law judge shall sign the order for continued
1988	involuntary placement for a period not to exceed 6 months. The
1989	same procedure shall be repeated prior to the expiration of each
1990	additional period the patient is retained.
1991	(e) If continued involuntary placement is necessary for a
1992	patient admitted while serving a criminal sentence, but whose
1993	sentence is about to expire, or for a patient involuntarily
1994	placed while a minor but who is about to reach the age of 18,
1995	the administrator shall petition the administrative law judge
1996	for an order authorizing continued involuntary placement.
1997	(f) If the patient has been previously found incompetent
1998	to consent to treatment, the administrative law judge hearing
1999	officershall consider testimony and evidence regarding the
2000	patient's competence. If the administrative law judge hearing
2001	officerfinds evidence that the patient is now competent to
2002	consent to treatment, the administrative law judge hearing
2003	officermay issue a recommended order to the court that found
2004	the patient incompetent to consent to treatment that the
2005	patient's competence be restored and that any guardian advocate
2006	previously appointed be discharged.
2007	Section 77. Subsection (7) of section 397.311, Florida
2008	Statutes, is amended to read:
2009	397.311 Definitions.--As used in this chapter, except part
2010	VIII:
2011	(7) "Court" means, with respect to all involuntary
2012	proceedings under this chapter, the circuit court of the county
2013	in which the judicial proceeding is pending or where the
2014	substance abuse impaired person resides or is located, and
2015	includes any general or special magistrate masterthat may be
2016	appointed by the chief judge to preside over all or part of such
2017	proceeding. Otherwise, "court" refers to the court of legal
2018	jurisdiction in the context in which the term is used in this
2019	chapter.
2020	Section 78. Subsection (1) of section 397.681, Florida
2021	Statutes, is amended to read:
2022	397.681 Involuntary petitions; general provisions; court
2023	jurisdiction and right to counsel.--
2024	(1) JURISDICTION.--The courts have jurisdiction of
2025	involuntary assessment and stabilization petitions and
2026	involuntary treatment petitions for substance abuse impaired
2027	persons, and such petitions must be filed with the clerk of the
2028	court in the county where the person is located. The chief judge
2029	may appoint a general or special magistrate masterto preside
2030	over all or part of the proceedings. The alleged impaired person
2031	is named as the respondent.
2032	Section 79. Subsection (5) of section 447.207, Florida
2033	Statutes, is amended to read:
2034	447.207 Commission; powers and duties.--
2035	(5) The commission shall adopt rules as to the
2036	qualifications of persons who may serve as mediators and special
2037	magistrates mastersand shall maintain lists of such qualified
2038	persons who are not employees of the commission. The commission
2039	may initiate dispute resolution procedures by special
2040	magistrates masters, pursuant to the provisions of this part.
2041	Section 80. Subsections (2), (3), and (4) of section
2042	447.403, Florida Statutes, are amended to read:
2043	447.403 Resolution of impasses.--
2044	(2)(a) If no mediator is appointed, or upon the request of
2045	either party, the commission shall appoint, and submit all
2046	unresolved issues to, a special magistrate masteracceptable to
2047	both parties. If the parties are unable to agree on the
2048	appointment of a special magistrate master, the commission shall
2049	appoint, in its discretion, a qualified special magistrate
2050	master. However, if the parties agree in writing to waive the
2051	appointment of a special magistrate master, the parties may
2052	proceed directly to resolution of the impasse by the legislative
2053	body pursuant to paragraph (4)(d). Nothing in this section
2054	precludes the parties from using the services of a mediator at
2055	any time during the conduct of collective bargaining.
2056	(b) If the Governor is the public employer, no special
2057	magistrate mastershall be appointed. The parties may proceed
2058	directly to the Legislature for resolution of the impasse
2059	pursuant to paragraph (4)(d).
2060	(3) The special magistrate mastershall hold hearings in
2061	order to define the area or areas of dispute, to determine facts
2062	relating to the dispute, and to render a decision on any and all
2063	unresolved contract issues. The hearings shall be held at times,
2064	dates, and places to be established by the special magistrate
2065	masterin accordance with rules promulgated by the commission.
2066	The special magistrate mastershall be empowered to administer
2067	oaths and issue subpoenas on behalf of the parties to the
2068	dispute or on his or her own behalf. Within 15 calendar days
2069	after the close of the final hearing, the special magistrate
2070	mastershall transmit his or her recommended decision to the
2071	commission and to the representatives of both parties by
2072	registered mail, return receipt requested. Such recommended
2073	decision shall be discussed by the parties, and each
2074	recommendation of the special magistrate mastershall be deemed
2075	approved by both parties unless specifically rejected by either
2076	party by written notice filed with the commission within 20
2077	calendar days after the date the party received the special
2078	magistrate's master'srecommended decision. The written notice
2079	shall include a statement of the cause for each rejection and
2080	shall be served upon the other party.
2081	(4) If either the public employer or the employee
2082	organization does not accept, in whole or in part, the
2083	recommended decision of the special magistrate master:
2084	(a) The chief executive officer of the governmental entity
2085	involved shall, within 10 days after rejection of a
2086	recommendation of the special magistrate master, submit to the
2087	legislative body of the governmental entity involved a copy of
2088	the findings of fact and recommended decision of the special
2089	magistrate master, together with the chief executive officer's
2090	recommendations for settling the disputed impasse issues. The
2091	chief executive officer shall also transmit his or her
2092	recommendations to the employee organization;
2093	(b) The employee organization shall submit its
2094	recommendations for settling the disputed impasse issues to such
2095	legislative body and to the chief executive officer;
2096	(c) The legislative body or a duly authorized committee
2097	thereof shall forthwith conduct a public hearing at which the
2098	parties shall be required to explain their positions with
2099	respect to the rejected recommendations of the special
2100	magistrate master;
2101	(d) Thereafter, the legislative body shall take such
2102	action as it deems to be in the public interest, including the
2103	interest of the public employees involved, to resolve all
2104	disputed impasse issues; and
2105	(e) Following the resolution of the disputed impasse
2106	issues by the legislative body, the parties shall reduce to
2107	writing an agreement which includes those issues agreed to by
2108	the parties and those disputed impasse issues resolved by the
2109	legislative body's action taken pursuant to paragraph(d). The
2110	agreement shall be signed by the chief executive officer and the
2111	bargaining agent and shall be submitted to the public employer
2112	and to the public employees who are members of the bargaining
2113	unit for ratification. If such agreement is not ratified by all
2114	parties, pursuant to the provisions of s. 447.309, the
2115	legislative body's action taken pursuant to the provisions of
2116	paragraph (d) shall take effect as of the date of such
2117	legislative body's action for the remainder of the first fiscal
2118	year which was the subject of negotiations; however, the
2119	legislative body's action shall not take effect with respect to
2120	those disputed impasse issues which establish the language of
2121	contractual provisions which could have no effect in the absence
2122	of a ratified agreement, including, but not limited to,
2123	preambles, recognition clauses, and duration clauses.
2124	Section 81. Section 447.405, Florida Statutes, is amended
2125	to read:
2126	447.405 Factors to be considered by the special magistrate
2127	master.--The special magistrate mastershall conduct the
2128	hearings and render recommended decisions with the objective of
2129	achieving a prompt, peaceful, and just settlement of disputes
2130	between the public employee organizations and the public
2131	employers. The factors, among others, to be given weight by the
2132	special magistrate masterin arriving at a recommended decision
2133	shall include:
2134	(1) Comparison of the annual income of employment of the
2135	public employees in question with the annual income of
2136	employment maintained for the same or similar work of employees
2137	exhibiting like or similar skills under the same or similar
2138	working conditions in the local operating area involved.
2139	(2) Comparison of the annual income of employment of the
2140	public employees in question with the annual income of
2141	employment of public employees in similar public employee
2142	governmental bodies of comparable size within the state.
2143	(3) The interest and welfare of the public.
2144	(4) Comparison of peculiarities of employment in regard to
2145	other trades or professions, specifically with respect to:
2146	(a) Hazards of employment.
2147	(b) Physical qualifications.
2148	(c) Educational qualifications.
2149	(d) Intellectual qualifications.
2150	(e) Job training and skills.
2151	(f) Retirement plans.
2152	(g) Sick leave.
2153	(h) Job security.
2154	(5) Availability of funds.
2155	Section 82. Section 447.407, Florida Statutes, is amended
2156	to read:
2157	447.407 Compensation of mediator and special magistrate
2158	master; expenses.--The compensation of the mediator and special
2159	magistrate master, and all stenographic and other expenses,
2160	shall be borne equally by the parties.
2161	Section 83. Section 447.409, Florida Statutes, is amended
2162	to read:
2163	447.409 Records.--All records that whichare relevant to,
2164	or have a bearing upon, any issue or issues raised by the
2165	proceedings conducted by the special magistrate mastershall be
2166	made available to the special magistrate masterby a request in
2167	writing to any of the parties to the impasse proceedings. Notice
2168	of such request must shallbe furnished to all parties. Any such
2169	records that which are made available to the special magistrate
2170	must master shallalso be made available to any other party to
2171	the impasse proceedings, upon written request.
2172	Section 84. Subsection (1) of section 475.011, Florida
2173	Statutes, is amended to read:
2174	475.011 Exemptions.--This part does not apply to:
2175	(1) Any person acting as an attorney in fact for the
2176	purpose of the execution of contracts or conveyances only; as an
2177	attorney at law within the scope of her or his duties as such;
2178	as a certified public accountant, as defined in chapter 473,
2179	within the scope of her or his duties as such; as the personal
2180	representative, receiver, trustee, or general or special
2181	magistrate masterunder, or by virtue of, an appointment by will
2182	or by order of a court of competent jurisdiction; or as trustee
2183	under a deed of trust, or under a trust agreement, the ultimate
2184	purpose and intent whereof is charitable, is philanthropic, or
2185	provides for those having a natural right to the bounty of the
2186	donor or trustor.
2187	Section 85. Paragraphs (d), (f), (g), (h), and (j) of
2188	subsection (5) of section 489.127, Florida Statutes, are amended
2189	to read:
2190	489.127 Prohibitions; penalties.--
2191	(5) Each county or municipality may, at its option,
2192	designate one or more of its code enforcement officers, as
2193	defined in chapter 162, to enforce, as set out in this
2194	subsection, the provisions of subsection (1) and s. 489.132(1)
2195	against persons who engage in activity for which a county or
2196	municipal certificate of competency or license or state
2197	certification or registration is required.
2198	(d) The act for which the citation is issued shall be
2199	ceased upon receipt of the citation; and the person charged with
2200	the violation shall elect either to correct the violation and
2201	pay the civil penalty in the manner indicated on the citation
2202	or, within 10 days after ofreceipt of the citation, exclusive
2203	of weekends and legal holidays, request an administrative
2204	hearing before the enforcement or licensing board or designated
2205	special magistrate masterto appeal the issuance of the citation
2206	by the code enforcement officer.
2207	1. Hearings shall be held before an enforcement or
2208	licensing board or designated special magistrate masteras
2209	established by s. 162.03(2), and such hearings shall be
2210	conducted pursuant to the requirements of ss. 162.07 and 162.08.
2211	2. Failure of a violator to appeal the decision of the
2212	code enforcement officer within the time period set forth in
2213	this paragraph shall constitute a waiver of the violator's right
2214	to an administrative hearing. A waiver of the right to an
2215	administrative hearing shall be deemed an admission of the
2216	violation, and penalties may be imposed accordingly.
2217	3. If the person issued the citation, or his or her
2218	designated representative, shows that the citation is invalid or
2219	that the violation has been corrected prior to appearing before
2220	the enforcement or licensing board or designated special
2221	magistrate master, the enforcement or licensing board or
2222	designated special magistrate mastermay dismiss the citation
2223	unless the violation is irreparable or irreversible.
2224	4. Each day a willful, knowing violation continues shall
2225	constitute a separate offense under the provisions of this
2226	subsection.
2227	(f) If the enforcement or licensing board or designated
2228	special magistrate masterfinds that a violation exists, the
2229	enforcement or licensing board or designated special magistrate
2230	mastermay order the violator to pay a civil penalty of not less
2231	than the amount set forth on the citation but not more than
2232	$1,000 per day for each violation. In determining the amount of
2233	the penalty, the enforcement or licensing board or designated
2234	special magistrate mastershall consider the following factors:
2235	1. The gravity of the violation.
2236	2. Any actions taken by the violator to correct the
2237	violation.
2238	3. Any previous violations committed by the violator.
2239	(g) Upon written notification by the code enforcement
2240	officer that a violator had not contested the citation or paid
2241	the civil penalty within the timeframe allowed on the citation,
2242	or if a violation has not been corrected within the timeframe
2243	set forth on the notice of violation, the enforcement or
2244	licensing board or the designated special magistrate master
2245	shall enter an order ordering the violator to pay the civil
2246	penalty set forth on the citation or notice of violation, and a
2247	hearing shall not be necessary for the issuance of such order.
2248	(h) A certified copy of an order imposing a civil penalty
2249	against an uncertified contractor may be recorded in the public
2250	records and thereafter shall constitute a lien against any real
2251	or personal property owned by the violator. Upon petition to the
2252	circuit court, such order may be enforced in the same manner as
2253	a court judgment by the sheriffs of this state, including a levy
2254	against personal property; however, such order shall not be
2255	deemed to be a court judgment except for enforcement purposes. A
2256	civil penalty imposed pursuant to this part shall continue to
2257	accrue until the violator comes into compliance or until
2258	judgment is rendered in a suit to foreclose on a lien filed
2259	pursuant to this subsection, whichever occurs first. After 3
2260	months following fromthe filing of any such lien which remains
2261	unpaid, the enforcement board or licensing board or designated
2262	special magistrate mastermay authorize the local governing
2263	body's attorney to foreclose on the lien. No lien created
2264	pursuant to the provisions of this part may be foreclosed on
2265	real property which is a homestead under s. 4, Art. X of the
2266	State Constitution.
2267	(j) An aggrieved party, including the local governing
2268	body, may appeal a final administrative order of an enforcement
2269	board or licensing board or designated special magistrate master
2270	to the circuit court. Such an appeal shall not be a hearing de
2271	novo but shall be limited to appellate review of the record
2272	created before the enforcement board or licensing board or
2273	designated special magistrate master. An appeal shall be filed
2274	within 30 days after of theexecution of the order to be
2275	appealed.
2276	Section 86. Paragraphs (d), (f), (g), (h), and (j) of
2277	subsection (4) of section 489.531, Florida Statutes, are amended
2278	to read:
2279	489.531 Prohibitions; penalties.--
2280	(4)
2281	(d) The act for which the citation is issued shall be
2282	ceased upon receipt of the citation; and the person charged with
2283	the violation shall elect either to correct the violation and
2284	pay the civil penalty in the manner indicated on the citation
2285	or, within 10 days after ofreceipt of the citation, exclusive
2286	of weekends and legal holidays, request an administrative
2287	hearing before the enforcement or licensing board or designated
2288	special magistrate masterto appeal the issuance of the citation
2289	by the code enforcement officer.
2290	1. Hearings shall be held before an enforcement or
2291	licensing board or designated special magistrate masteras
2292	established by s. 162.03(2) and such hearings shall be conducted
2293	pursuant to ss. 162.07 and 162.08.
2294	2. Failure of a violator to appeal the decision of the
2295	code enforcement officer within the time period set forth in
2296	this paragraph shall constitute a waiver of the violator's right
2297	to an administrative hearing. A waiver of the right to
2298	administrative hearing shall be deemed an admission of the
2299	violation and penalties may be imposed accordingly.
2300	3. If the person issued the citation, or his or her
2301	designated representative, shows that the citation is invalid or
2302	that the violation has been corrected prior to appearing before
2303	the enforcement or licensing board or designated special
2304	magistrate master, the enforcement or licensing board or
2305	designated special magistrate mastershall dismiss the citation
2306	unless the violation is irreparable or irreversible.
2307	4. Each day a willful, knowing violation continues shall
2308	constitute a separate offense under the provisions of this
2309	subsection.
2310	(f) If the enforcement or licensing board or designated
2311	special magistrate masterfinds that a violation exists, the
2312	enforcement or licensing board or designated special magistrate
2313	mastermay order the violator to pay a civil penalty of not less
2314	than the amount set forth on the citation but not more than $500
2315	per day for each violation. In determining the amount of the
2316	penalty, the enforcement or licensing board or designated
2317	special magistrate mastershall consider the following factors:
2318	1. The gravity of the violation.
2319	2. Any actions taken by the violator to correct the
2320	violation.
2321	3. Any previous violations committed by the violator.
2322	(g) Upon written notification by the code enforcement
2323	officer that a violator had not contested the citation or paid
2324	the civil penalty within the timeframe allowed on the citation,
2325	or if a violation has not been corrected within the timeframe
2326	set forth on the notice of violation, the enforcement or
2327	licensing board or the designated special magistrate master
2328	shall enter an order ordering the violator to pay the civil
2329	penalty set forth on the citation or notice of violation, and a
2330	hearing shall not be necessary for the issuance of such order.
2331	(h) A certified copy of an order imposing a civil penalty
2332	against an uncertified contractor may be recorded in the public
2333	records and thereafter shall constitute a lien against any real
2334	or personal property owned by the violator. Upon petition to the
2335	circuit court, such order may be enforced in the same manner as
2336	a court judgment by the sheriffs of this state, including a levy
2337	against personal property; however, such order shall not be
2338	deemed to be a court judgment except for enforcement purposes.
2339	A civil penalty imposed pursuant to this part shall continue to
2340	accrue until the violator comes into compliance or until
2341	judgment is rendered in a suit to foreclose on a lien filed
2342	pursuant to this section, whichever occurs first. After 3 months
2343	following fromthe filing of any such lien which remains unpaid,
2344	the enforcement or licensing board or designated special
2345	magistrate mastermay authorize the local governing body's
2346	attorney to foreclose on the lien. No lien created pursuant to
2347	the provisions of this part may be foreclosed on real property
2348	which is a homestead under s. 4, Art. X of the State
2349	Constitution.
2350	(j) An aggrieved party, including the local governing
2351	body, may appeal a final administrative order of an enforcement
2352	or licensing board or special designated special magistrate
2353	masterto the circuit court. Such an appeal shall not be a
2354	hearing de novo but shall be limited to appellate review of the
2355	record created before the enforcement or licensing board or
2356	designated special magistrate master. An appeal shall be filed
2357	within 30 days of the execution of the order to be appealed.
2358	Section 87. Subsection (1) of section 496.420, Florida
2359	Statutes, is amended to read:
2360	496.420 Civil remedies and enforcement.--
2361	(1) In addition to other remedies authorized by law, the
2362	department may bring a civil action in circuit court to enforce
2363	ss. 496.401-496.424 or s. 496.426. Upon a finding that any
2364	person has violated any of these sections, a court may make any
2365	necessary order or enter a judgment including, but not limited
2366	to, a temporary or permanent injunction, a declaratory judgment,
2367	the appointment of a general or special magistrate masteror
2368	receiver, the sequestration of assets, the reimbursement of
2369	persons from whom contributions have been unlawfully solicited,
2370	the distribution of contributions in accordance with the
2371	charitable or sponsor purpose expressed in the registration
2372	statement or in accordance with the representations made to the
2373	person solicited, the reimbursement of the department for
2374	investigative costs, attorney's fees and costs, and any other
2375	equitable relief the court finds appropriate. Upon a finding
2376	that any person has violated any provision of ss. 496.401-
2377	496.424 or s. 496.426 with actual knowledge or knowledge fairly
2378	implied on the basis of objective circumstances, a court may
2379	enter an order imposing a civil penalty in an amount not to
2380	exceed $10,000 per violation.
2381	Section 88. Subsection (3) of section 501.207, Florida
2382	Statutes, is amended to read:
2383	501.207 Remedies of enforcing authority.--
2384	(3) Upon motion of the enforcing authority or any
2385	interested party in any action brought under subsection (1), the
2386	court may make appropriate orders, including, but not limited
2387	to, appointment of a general or special magistrate masteror
2388	receiver or sequestration or freezing of assets, to reimburse
2389	consumers or governmental entities found to have been damaged;
2390	to carry out a transaction in accordance with the reasonable
2391	expectations of consumers or governmental entities; to strike or
2392	limit the application of clauses of contracts to avoid an
2393	unconscionable result; to order any defendant to divest herself
2394	or himself of any interest in any enterprise, including real
2395	estate; to impose reasonable restrictions upon the future
2396	activities of any defendant to impede her or him from engaging
2397	in or establishing the same type of endeavor; to order the
2398	dissolution or reorganization of any enterprise; or to grant
2399	legal, equitable, or other appropriate relief. The court may
2400	assess the expenses of a general or special magistrate masteror
2401	receiver against a person who has violated, is violating, or is
2402	otherwise likely to violate this part. Any injunctive order,
2403	whether temporary or permanent, issued by the court shall be
2404	effective throughout the state unless otherwise provided in the
2405	order.
2406	Section 89. Section 501.618, Florida Statutes, is amended
2407	to read:
2408	501.618 General civil remedies.--The department may bring:
2409	(1) An action to obtain a declaratory judgment that an act
2410	or practice violates the provisions of this part.
2411	(2) An action to enjoin a person who has violated, is
2412	violating, or is otherwise likely to violate the provisions of
2413	this part.
2414	(3) An action on behalf of one or more purchasers for the
2415	actual damages caused by an act or practice performed in
2416	violation of the provisions of this part. Such an action may
2417	include, but is not limited to, an action to recover against a
2418	bond, letter of credit, or certificate of deposit as otherwise
2419	provided in this part.
2420
2421	Upon motion of the enforcing authority in any action brought
2422	under this section, the court may make appropriate orders,
2423	including appointment of a general or special magistrate master
2424	or receiver or sequestration of assets, to reimburse consumers
2425	found to have been damaged, to carry out a consumer transaction
2426	in accordance with the consumer's reasonable expectations, or to
2427	grant other appropriate relief. The court may assess the
2428	expenses of a general or special magistrate masteror receiver
2429	against a commercial telephone seller. Any injunctive order,
2430	whether temporary or permanent, issued by the court shall be
2431	effective throughout the state unless otherwise provided in the
2432	order.
2433	Section 90. Subsection (6) of section 559.936, Florida
2434	Statutes, is amended to read:
2435	559.936 Civil penalties; remedies.--
2436	(6) Upon motion of the department in any action brought
2437	under this part, the court may make appropriate orders,
2438	including appointment of a general or special magistrate master
2439	or receiver or sequestration of assets, to reimburse consumers
2440	found to have been damaged, to carry out a consumer transaction
2441	in accordance with the consumer's reasonable expectations, or to
2442	grant other appropriate relief.
2443	Section 91. Subsection (1) of section 582.23, Florida
2444	Statutes, is amended to read:
2445	582.23 Performance of work under the regulations by the
2446	supervisors.--
2447	(1) The supervisors may go upon any lands within the
2448	district to determine whether land use regulations adopted are
2449	being observed. Where the supervisors of any district shall find
2450	that any of the provisions of land use regulations adopted are
2451	not being observed on particular lands, and that such
2452	nonobservance tends to increase erosion on such lands and is
2453	interfering with the prevention or control of erosion on other
2454	lands within the district, the supervisors may present to the
2455	circuit court for the county or counties within which the lands
2456	of the defendant may lie, a petition, duly verified, setting
2457	forth the adoption of the land use regulations, the failure of
2458	the defendant landowner or occupier to observe such regulations,
2459	and to perform particular work, operations, or avoidances as
2460	required thereby, and that such nonobservance tends to increase
2461	erosion on such lands and is interfering with the prevention or
2462	control of erosion on other lands within the district, and
2463	praying the court to require the defendant to perform the work,
2464	operations, or avoidances within a reasonable time and to order
2465	that if the defendant shall fail so to perform the supervisors
2466	may go on the land, perform the work or other operations or
2467	otherwise bring the condition of such lands into conformity with
2468	the requirements of such regulations, and recover the costs and
2469	expenses thereof, with interest, from the owner of such land.
2470	Upon the presentation of such petition the court shall cause
2471	process to be issued against the defendant, and shall hear the
2472	case. If it shall appear to the court that testimony is
2473	necessary for the proper disposition of the matter, it may take
2474	evidence or appoint a special magistrate masterto take such
2475	evidence as it may direct and report the same to the court
2476	within her or his findings of fact and conclusions of law, which
2477	shall constitute a part of the proceedings upon which the
2478	determination of the court shall be made.
2479	Section 92. Subsection (2) of section 631.182, Florida
2480	Statutes, is amended to read:
2481	631.182 Receiver claims report and claimants objections
2482	procedure.--
2483	(2) At the hearing, any interested person is entitled to
2484	appear. The hearing shall not be de novo but shall be limited to
2485	the record as described in s. 631.181(2). The court shall enter
2486	an order allowing, allowing in part, or disallowing the claim.
2487	Any such order is deemed to be an appealable order. In the
2488	interests of judicial economy, the court may appoint a special
2489	magistrate masterto resolve objections or to perform any
2490	particular service required by the court. This subsection shall
2491	apply to receivership proceedings commencing prior to, or
2492	subsequent to, July 1, 1997.
2493	Section 93. Subsections (3) and (4) of section 631.331,
2494	Florida Statutes, are amended to read:
2495	631.331 Assessment prima facie correct; notice; payment;
2496	proceeding to collect.--
2497	(3) If any such member or subscriber fails to pay the
2498	assessment within the period specified in the notice, which
2499	period shall not be less than 20 days after mailing, the
2500	department may obtain an order in the delinquency proceeding
2501	requiring the member or subscriber to show cause at a time and
2502	place fixed by the court why judgment should not be entered
2503	against such member or subscriber for the amount of the
2504	assessment, together with all costs., andA copy of the order
2505	and a copy of the petition therefor shall be served upon the
2506	member or subscriber within the time and in the manner
2507	designated in the order.
2508	(4) If the subscriber or member after due service of a
2509	copy of the order and petition referred to in subsection (3) is
2510	made upon her or him:
2511	(a) Fails to appear at the time and place specified in the
2512	order, judgment shall be entered against her or him as prayed
2513	for in the petition; or
2514	(b) Appears in the manner and form required by law in
2515	response to the order, the court shall hear and determine the
2516	matter and enter a judgment in accordance with its decision. In
2517	the interests of judicial economy, the court may appoint a
2518	special magistrate masterto resolve objections or to perform
2519	any particular service required by the court. This paragraph
2520	shall apply to receivership proceedings commencing prior to, or
2521	subsequent to, July 1, 1997.
2522	Section 94. Subsection (2) of section 633.052, Florida
2523	Statutes, is amended to read:
2524	633.052 Ordinances relating to firesafety; definitions;
2525	penalties.--
2526	(2) A county or municipality that whichhas created a code
2527	enforcement board or special magistrate mastersystem pursuant
2528	to chapter 162 may enforce firesafety code violations as
2529	provided in chapter 162. The governing body of a county or
2530	municipality which has not created a code enforcement board or
2531	special magistrate mastersystem for firesafety under chapter
2532	162 is authorized to enact ordinances relating to firesafety
2533	codes, which ordinances shall provide:
2534	(a) That a violation of such an ordinance is a civil
2535	infraction.
2536	(b) A maximum civil penalty not to exceed $500.
2537	(c) A civil penalty of less than the maximum civil penalty
2538	if the person who has committed the civil infraction does not
2539	contest the citation.
2540	(d) For the issuance of a citation by an officer who has
2541	probable cause to believe that a person has committed a
2542	violation of an ordinance relating to firesafety.
2543	(e) For the contesting of a citation in the county court.
2544	(f) Such procedures and provisions necessary to implement
2545	any ordinances enacted under the authority of this section.
2546	Section 95. Subsection (2) of section 744.369, Florida
2547	Statutes, is amended to read:
2548	744.369 Judicial review of guardianship reports.--
2549	(2) The court may appoint general or special magistrates
2550	mastersto assist the court in its review function. The court
2551	may require the general or special magistrate masterto conduct
2552	random field audits.
2553	Section 96. Subsection (11) of section 760.11, Florida
2554	Statutes, is amended to read:
2555	760.11 Administrative and civil remedies; construction.--
2556	(11) If a complaint is within the jurisdiction of the
2557	commission, the commission shall simultaneously with its other
2558	statutory obligations attempt to eliminate or correct the
2559	alleged discrimination by informal methods of conference,
2560	conciliation, and persuasion. Nothing said or done in the course
2561	of such informal endeavors may be made public or used as
2562	evidence in a subsequent civil proceeding, trial, or hearing.
2563	The commission may initiate dispute resolution procedures,
2564	including voluntary arbitration, by special magistrates masters
2565	or mediators. The commission may adopt rules as to the
2566	qualifications of persons who may serve as special magistrates
2567	mastersand mediators.
2568	Section 97. Subsection (1) of section 837.011, Florida
2569	Statutes, is amended to read:
2570	837.011 Definitions.--In this chapter, unless a different
2571	meaning plainly is required:
2572	(1) "Official proceeding" means a proceeding heard, or
2573	which may be or is required to be heard, before any legislative,
2574	judicial, administrative, or other governmental agency or
2575	official authorized to take evidence under oath, including any
2576	referee, general or special magistrate master in chancery,
2577	administrative law judge, hearing officer, hearing examiner,
2578	commissioner, notary, or other person taking testimony or a
2579	deposition in connection with any such proceeding.
2580	Section 98. Subsection (6) of section 838.014, Florida
2581	Statutes, is amended to read:
2582	838.014 Definitions.--As used in this chapter, the term:
2583	(6) "Public servant" means:
2584	(a) Any officer or employee of a state, county, municipal,
2585	or special district agency or entity;
2586	(b) Any legislative or judicial officer or employee;
2587	(c) Any person, except a witness, who acts as a general or
2588	special magistrate master, receiver, auditor, arbitrator,
2589	umpire, referee, consultant, or hearing officer while performing
2590	a governmental function; or
2591	(d) A candidate for election or appointment to any of the
2592	positions listed in this subsection, or an individual who has
2593	been elected to, but has yet to officially assume the
2594	responsibilities of, public office.
2595	Section 99. Section 839.17, Florida Statutes, is amended
2596	to read:
2597	839.17 Misappropriation of moneys by commissioners to make
2598	sales.--Any commissioner or general or special magistrate master
2599	in chancery, having received the purchase money or the
2600	securities resulting from any of the sales authorized by law,
2601	who shall fail to deliver such moneys and securities, or either
2602	of them, to the executor or administrator, or the person
2603	entitled to receive the same, upon the order of the court,
2604	unless she or he is rendered unable to do so by some cause not
2605	attributable to her or his own default or neglect, shall be
2606	fined in a sum equal to the amount received from the purchaser,
2607	and commits shall be guilty ofa felony of the second degree,
2608	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2609	Section 100. Paragraph (a) of subsection (3) of section
2610	916.107, Florida Statutes, is amended to read:
2611	916.107 Rights of forensic clients.--
2612	(3) RIGHT TO EXPRESS AND INFORMED CONSENT.--
2613	(a) A client committed to the department pursuant to this
2614	act shall be asked to give express and informed written consent
2615	for treatment. If a client in a forensic facility refuses such
2616	treatment as is deemed necessary by the client's
2617	multidisciplinary treatment team at the forensic facility for
2618	the appropriate care of the client and the safety of the client
2619	or others, such treatment may be provided under the following
2620	circumstances:
2621	1. In an emergency situation in which there is immediate
2622	danger to the safety of the client or others, such treatment may
2623	be provided upon the written order of a physician for a period
2624	not to exceed 48 hours, excluding weekends and legal holidays.
2625	If, after the 48-hour period, the client has not given express
2626	and informed consent to the treatment initially refused, the
2627	administrator or designee of the forensic facility shall, within
2628	48 hours, excluding weekends and legal holidays, petition the
2629	committing court or the circuit court serving the county in
2630	which the facility is located, at the option of the facility
2631	administrator or designee, for an order authorizing the
2632	continued treatment of the client. In the interim, treatment may
2633	be continued without the consent of the client upon the
2634	continued written order of a physician who has determined that
2635	the emergency situation continues to present a danger to the
2636	safety of the client or others.
2637	2. In a situation other than an emergency situation, the
2638	administrator or designee of the forensic facility shall
2639	petition the court for an order authorizing the treatment to the
2640	client. The order shall allow such treatment for a period not to
2641	exceed 90 days from the date of the entry of the order. Unless
2642	the court is notified in writing that the client has provided
2643	express and informed consent in writing or that the client has
2644	been discharged by the committing court, the administrator or
2645	designee shall, prior to the expiration of the initial 90-day
2646	order, petition the court for an order authorizing the
2647	continuation of treatment for another 90-day period. This
2648	procedure shall be repeated until the client provides consent or
2649	is discharged by the committing court.
2650	3. At the hearing on the issue of whether the court should
2651	enter an order authorizing treatment for which a client has
2652	refused to give express and informed consent, the court shall
2653	determine by clear and convincing evidence that the client is
2654	mentally ill, retarded, or autistic as defined in this chapter,
2655	that the treatment not consented to is essential to the care of
2656	the client, and that the treatment not consented to is not
2657	experimental and does not present an unreasonable risk of
2658	serious, hazardous, or irreversible side effects. In arriving at
2659	the substitute judgment decision, the court must consider at
2660	least the following factors:
2661	a. The client's expressed preference regarding treatment;
2662	b. The probability of adverse side effects;
2663	c. The prognosis without treatment; and
2664	d. The prognosis with treatment.
2665
2666	The hearing shall be as convenient to the client as may be
2667	consistent with orderly procedure and shall be conducted in
2668	physical settings not likely to be injurious to the client's
2669	condition. The court may appoint a general or special magistrate
2670	masterto preside at the hearing. The client or the client's
2671	guardian, and the representative, shall be provided with a copy
2672	of the petition and the date, time, and location of the hearing.
2673	The client has the right to have an attorney represent him or
2674	her at the hearing, and, if the client is indigent, the court
2675	shall appoint the office of the public defender to represent the
2676	client at the hearing. The client may testify or not, as he or
2677	she chooses, and has the right to cross-examine witnesses and
2678	may present his or her own witnesses.
2679	Section 101. Subsection (11) of section 938.30, Florida
2680	Statutes, is amended to read:
2681	938.30 Financial obligations in criminal cases;
2682	supplementary proceedings.--
2683	(11) The court may refer any proceeding under this section
2684	to a special magistrate masterwho shall report findings and
2685	make recommendations to the court. The court shall act on such
2686	recommendations within a reasonable amount of time.
2687	Section 102. Subsection (3) of section 945.43, Florida
2688	Statutes, is amended to read:
2689	945.43 Admission of inmate to mental health treatment
2690	facility.--
2691	(3) PROCEDURE FOR HEARING ON TRANSFER OF AN INMATE FOR
2692	MENTAL HEALTH TREATMENT.--If the inmate does not waive a hearing
2693	or if the inmate or the inmate's representative files a petition
2694	for a hearing after having waived it, the court shall serve
2695	notice on the warden of the facility where the inmate is
2696	confined, the director, and the allegedly mentally ill inmate.
2697	The notice shall specify the date, time, and place of the
2698	hearing; the basis for the allegation of mental illness; and the
2699	names of the examining experts. The hearing shall be held within
2700	5 days, and the court may appoint a general or special
2701	magistrate masterto preside. The hearing may be as informal as
2702	is consistent with orderly procedure. One of the experts whose
2703	opinion supported the recommendation shall be present at the
2704	hearing for information purposes. If, at the hearing, the court
2705	finds that the inmate is mentally ill and in need of care and
2706	treatment, it shall order that he or she be transferred to a
2707	mental health treatment facility and provided appropriate
2708	treatment. The court shall provide a copy of its order
2709	authorizing transfer and all supporting documentation relating
2710	to the inmate's condition to the warden of the treatment
2711	facility. If the court finds that the inmate is not mentally
2712	ill, it shall dismiss the petition for transfer.
2713	Section 103. This act shall take effect October 1, 2004.