HB 0111

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. 29.004, 56.071, 56.29, 61.1826,
13	64.061, 65.061, 69.051, 70.51, 92.142, 112.41, 112.43,
14	112.47, 162.03, 162.06, 162.09, 173.09, 173.10, 173.11,
15	173.12, 194.013, 194.034, 194.035, 206.16, 207.016,
16	320.411, 393.11, 394.467, 397.311, 397.681, 447.207,
17	447.403, 447.405, 447.407, 447.409, 475.011, 489.127,
18	489.531, 496.420, 501.207, 501.618, 559.936, 582.23,
19	631.182, 631.331, 633.052, 744.369, 760.11, 837.011,
20	838.014, 839.17, 916.107, 938.30, and 945.43, F.S.,
21	relating to various administrative and judicial
22	proceedings; redesignating "masters" and "general or
23	special masters" as "general or special magistrates";
24	providing an 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 magistrate shall 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.  Subsection (8) of section 29.004, Florida
47	Statutes, as amended by chapter 2003-402, Laws of Florida, is
48	amended to read:
49	29.004  State courts system.--For purposes of implementing
50	s. 14, Art. V of the State Constitution, the essential elements
51	of the state courts system are as follows:
52	(8)  General magistrates, special magistrates, Masters and
53	hearing officers.
54	Section 4.  Subsections (2) and (3) of section 34.01,
55	Florida Statutes, are amended, and subsection (5) is added to
56	that section, to read:
57	34.01  Jurisdiction of county court.--
58	(2)  The county courts shall have jurisdiction previously
59	exercised by county judges' courts other than that vested in the
60	circuit court by s. 26.012, except that county court judges may
61	hear matters involving dissolution of marriage under the
62	simplified dissolution procedure pursuant to Rule 1.611(c),
63	Florida Family Law Rules of Civil Procedure or may issue a final
64	order for dissolution in cases where the matter is uncontested,
65	and the jurisdiction previously exercised by county courts, the
66	claims court, small claims courts, small claims magistrates
67	courts, magistrates courts, justice of the peace courts,
68	municipal courts, and courts of chartered counties, including
69	but not limited to the counties referred to in ss. 9, 10, 11,
70	and 24, Art. VIII of the State Constitution of 1885 as preserved
71	by s. 6(e), Art. VIII of the State Constitution of 1968.
72	(3)  Judges of county courts shall also be committing trial
73	court judges magistrates. Judges of county courts shall be
74	coroners unless otherwise provided by law or by rule of the
75	Supreme Court.
76	(5)  A county court is a trial court.
77	Section 5.  Section 48.20, Florida Statutes, is amended to
78	read:
79	48.20  Service of process on Sunday.--Service or execution
80	on Sunday of any writ, process, warrant, order, or judgment is
81	void and the person serving or executing, or causing it to be
82	served or executed, is liable to the party aggrieved for damages
83	for so doing as if he or she had done it without any process,
84	writ, warrant, order, or judgment.  If affidavit is made by the
85	person requesting service or execution that he or she has good
86	reason to believe that any person liable to have any such writ,
87	process, warrant, order, or judgment served on him or her
88	intends to escape from this state under protection of Sunday,
89	any officer furnished with an order authorizing service or
90	execution by the trial court judge or magistrate of any
91	incorporated town may serve or execute such writ, process,
92	warrant, order, or judgment on Sunday, and it is as valid as if
93	it had been done on any other day.
94	Section 6.  Section 142.09, Florida Statutes, is amended to
95	read:
96	142.09  If defendant is not convicted or dies.--If the
97	defendant is not convicted, or the prosecution is abated by the
98	death of the defendant, or if the costs are imposed on the
99	defendant and execution against him or her is returned no
100	property found, or if a nolle prosse be entered, in each of
101	these cases the fees of witnesses and officers arising from
102	criminal causes shall be paid by the county in the manner
103	specified in ss. 142.10-142.12; provided, that when a committing
104	trial court judge magistrate holds to bail or commits a person
105	to answer to a criminal charge and an information is not filed
106	or an indictment found against such person, the costs and fees
107	of such committing trial shall not be paid by the county, except
108	the costs of executing the warrants.
109	Section 7.  Subsection (3) of section 316.635, Florida
110	Statutes, is amended to read:
111	316.635  Courts having jurisdiction over traffic
112	violations; powers relating to custody and detention of
113	minors.--
114	(3)  If a minor is taken into custody for a criminal
115	traffic offense or a violation of chapter 322 and the minor does
116	not demand to be taken before a trial court judge or a Civil
117	Traffic Infraction Hearing Officer, who has jurisdiction over
118	the offense or violation magistrate, the arresting officer or
119	booking officer shall immediately notify, or cause to be
120	notified, the minor's parents, guardian, or responsible adult
121	relative of the action taken. After making every reasonable
122	effort to give notice, the arresting officer or booking officer
123	may:
124	(a)  Issue a notice to appear pursuant to chapter 901 and
125	release the minor to a parent, guardian, responsible adult
126	relative, or other responsible adult;
127	(b)  Issue a notice to appear pursuant to chapter 901 and
128	release the minor pursuant to s. 903.06;
129	(c)  Issue a notice to appear pursuant to chapter 901 and
130	deliver the minor to an appropriate substance abuse treatment or
131	rehabilitation facility or refer the minor to an appropriate
132	medical facility as provided in s. 901.29.  If the minor cannot
133	be delivered to an appropriate substance abuse treatment or
134	rehabilitation facility or medical facility, the arresting
135	officer may deliver the minor to an appropriate intake office of
136	the Department of Juvenile Justice, which shall take custody of
137	the minor and make any appropriate referrals; or
138	(d)  If the violation constitutes a felony and the minor
139	cannot be released pursuant to s. 903.03, transport and deliver
140	the minor to an appropriate Department of Juvenile Justice
141	intake office. Upon delivery of the minor to the intake office,
142	the department shall assume custody and proceed pursuant to
143	chapter 984 or chapter 985.
144
145	If action is not taken pursuant to paragraphs (a)-(d), the minor
146	shall be delivered to the Department of Juvenile Justice, and
147	the department shall make every reasonable effort to contact the
148	parents, guardian, or responsible adult relative to take custody
149	of the minor. If there is no parent, guardian, or responsible
150	adult relative available, the department may retain custody of
151	the minor for up to 24 hours.
152	Section 8.  Section 373.603, Florida Statutes, is amended
153	to read:
154	373.603  Power to enforce.--The Department of Environmental
155	Protection or the governing board of any water management
156	district and any officer or agent thereof may enforce any
157	provision of this law or any rule or regulation adopted and
158	promulgated or order issued thereunder to the same extent as any
159	peace officer is authorized to enforce the law. Any officer or
160	agent of any such board may appear before any trial court judge
161	magistrate empowered to issue warrants in criminal cases and
162	make an affidavit and apply for the issuance of a warrant in the
163	manner provided by law.; and said magistrate, If such affidavit
164	alleges shall allege the commission of an offense, the trial
165	court judge shall issue a warrant directed to any sheriff or
166	deputy for the arrest of any offender. The provisions of this
167	section shall apply to the Florida Water Resources Act of 1972
168	in its entirety.
169	Section 9.  Subsection (4) of section 381.0012, Florida
170	Statutes, is amended to read:
171	381.0012  Enforcement authority.--
172	(4)  The department may appear before any trial court judge
173	magistrate empowered to issue warrants in criminal cases and
174	request the issuance of a warrant.  The trial court judge
175	magistrate shall issue a warrant directed to any sheriff,
176	deputy, or police officer to assist in any way to carry out the
177	purpose and intent of this chapter.
178	Section 10.  Subsections (3) and (4) of section 450.121,
179	Florida Statutes, are amended to read:
180	450.121  Enforcement of Child Labor Law.--
181	(3)  It is the duty of any trial court judge magistrate of
182	any court in the state to issue warrants and try cases made
183	within the limit of any city over which such trial court judge
184	magistrate has jurisdiction in connection with the violation of
185	this law.
186	(4)  Grand juries shall have inquisitorial powers to
187	investigate violations of this chapter; also, trial county court
188	judges and judges of the circuit courts shall specially charge
189	the grand jury, at the beginning of each term of the court, to
190	investigate violations of this chapter.
191	Section 11.  Subsection (2) of section 560.306, Florida
192	Statutes, is amended to read:
193	560.306  Standards.--
194	(2)  The office may deny registration if it finds that the
195	applicant, or any money transmitter-affiliated party of the
196	applicant, has been convicted of a crime involving moral
197	turpitude in any jurisdiction or of a crime which, if committed
198	in this state, would constitute a crime involving moral
199	turpitude under the laws of this state. For the purposes of this
200	part, a person shall be deemed to have been convicted of a crime
201	if such person has either pleaded guilty to or been found guilty
202	of a charge before a court or a federal magistrate, or by the
203	verdict of a jury, irrespective of the pronouncement of sentence
204	or the suspension thereof. The office may take into
205	consideration the fact that such plea of guilty, or such
206	decision, judgment, or verdict, has been set aside, reversed, or
207	otherwise abrogated by lawful judicial process or that the
208	person convicted of the crime received a pardon from the
209	jurisdiction where the conviction was entered or received a
210	certificate pursuant to any provision of law which removes the
211	disability under this part because of such conviction.
212	Section 12.  Section 633.14, Florida Statutes, is amended
213	to read:
214	633.14  Agents; powers to make arrests, conduct searches
215	and seizures, serve summonses, and carry firearms.--Agents of
216	the State Fire Marshal shall have the same authority to serve
217	summonses, make arrests, carry firearms, and make searches and
218	seizures, as the sheriff or her or his deputies, in the
219	respective counties where such investigations, hearings, or
220	inspections may be held; and affidavits necessary to authorize
221	any such arrests, searches, or seizures may be made before any
222	trial court judge magistrate having authority under the law to
223	issue appropriate processes.
224	Section 13.  Paragraph (e) of subsection (1) and paragraph
225	(c) of subsection (2) of section 648.44, Florida Statutes, are
226	amended to read:
227	648.44  Prohibitions; penalty.--
228	(1)  A bail bond agent or temporary bail bond agent may
229	not:
230	(e)  Pay a fee or rebate or give or promise anything of
231	value to a jailer, police officer, peace officer, or committing
232	trial court judge magistrate or any other person who has power
233	to arrest or to hold in custody or to any public official or
234	public employee in order to secure a settlement, compromise,
235	remission, or reduction of the amount of any bail bond or
236	estreatment thereof.
237	(2)  The following persons or classes shall not be bail
238	bond agents, temporary bail bond agents, or employees of a bail
239	bond agent or a bail bond business and shall not directly or
240	indirectly receive any benefits from the execution of any bail
241	bond:
242	(c)  Committing trial court judges magistrates, employees
243	of a court, or employees of the clerk of any court.
244	Section 14.  Subsection (3) of section 817.482, Florida
245	Statutes, is amended to read:
246	817.482  Possessing or transferring device for theft of
247	telecommunications service; concealment of destination of
248	telecommunications service.--
249	(3)  Any such instrument, apparatus, equipment, or device,
250	or plans or instructions therefor, referred to in subsections
251	(1) and (2), may be seized by court order or under a search
252	warrant of a judge or magistrate or incident to a lawful arrest;
253	and upon the conviction of any person for a violation of any
254	provision of this act, or s. 817.481, such instrument,
255	apparatus, equipment, device, plans, or instructions either
256	shall be destroyed as contraband by the sheriff of the county in
257	which such person was convicted or turned over to the telephone
258	company in whose territory such instrument, apparatus,
259	equipment, device, plans, or instructions were seized.
260	Section 15.  Subsection (8) of section 832.05, Florida
261	Statutes, is amended to read:
262	832.05  Giving worthless checks, drafts, and debit card
263	orders; penalty; duty of drawee; evidence; costs; complaint
264	form.--
265	(8)  COSTS.--When a prosecution is initiated under this
266	section before any committing trial court judge magistrate, the
267	party applying for the warrant shall be held liable for costs
268	accruing in the event the case is dismissed for want of
269	prosecution.  No costs shall be charged to the county in such
270	dismissed cases.
271	Section 16.  Section 876.42, Florida Statutes, is amended
272	to read:
273	876.42  Witnesses' privileges.--No person shall be excused
274	from attending and testifying, or producing any books, papers,
275	or other documents before any court, magistrate, referee, or
276	grand jury upon any investigation, proceeding, or trial, for or
277	relating to or concerned with a violation of any section of this
278	law or attempt to commit such violation, upon the ground or for
279	the reason that the testimony or evidence, documentary or
280	otherwise, required by the state may tend to convict the person
281	of a crime or to subject him or her to a penalty or forfeiture;
282	but no person shall be prosecuted or subjected to any penalty or
283	forfeiture for or on account of any transaction, matter, or
284	thing concerning which the person may so testify or produce
285	evidence, documentary or otherwise, and no testimony so given or
286	produced shall be received against the person, upon any criminal
287	investigation, proceeding, or trial, except upon a prosecution
288	for perjury or contempt of court, based upon the giving or
289	producing of such testimony.
290	Section 17.  Paragraph (a) of subsection (1) of section
291	893.12, Florida Statutes, is amended to read:
292	893.12  Contraband; seizure, forfeiture, sale.--
293	(1)  All substances controlled by this chapter and all
294	listed chemicals, which substances or chemicals are handled,
295	delivered, possessed, or distributed contrary to any provisions
296	of this chapter, and all such controlled substances or listed
297	chemicals the lawful possession of which is not established or
298	the title to which cannot be ascertained, are declared to be
299	contraband, are subject to seizure and confiscation by any
300	person whose duty it is to enforce the provisions of the
301	chapter, and shall be disposed of as follows:
302	(a)  Except as in this section otherwise provided, the
303	court having jurisdiction shall order such controlled substances
304	or listed chemicals forfeited and destroyed.  A record of the
305	place where said controlled substances or listed chemicals were
306	seized, of the kinds and quantities of controlled substances or
307	listed chemicals destroyed, and of the time, place, and manner
308	of destruction shall be kept, and a return under oath reporting
309	said destruction shall be made to the court or magistrate by the
310	officer who destroys them.
311	Section 18.  Section 901.01, Florida Statutes, is amended
312	to read:
313	901.01  Judicial officers have to be committing authority
314	magistrates.--Each state judicial officer is a conservator of
315	the peace and has a committing magistrate with authority to
316	issue warrants of arrest, commit offenders to jail, and
317	recognize them to appear to answer the charge.  He or she may
318	require sureties of the peace when the peace has been
319	substantially threatened or disturbed.
320	Section 19.  Subsection (1) of section 901.02, Florida
321	Statutes, is amended to read:
322	901.02  When warrant of arrest to be issued.--
323	(1)  A warrant may be issued for the arrest of the person
324	complained against if the trial court judge magistrate, from the
325	examination of the complainant and other witnesses, reasonably
326	believes that the person complained against has committed an
327	offense within the trial court judge's magistrate's
328	jurisdiction. A warrant is issued at the time it is signed by
329	the trial court judge magistrate.
330	Section 20.  Section 901.07, Florida Statutes, is amended
331	to read:
332	901.07  Admission to bail when arrest occurs in another
333	county.--
334	(1)  When an arrest by a warrant occurs in a county other
335	than the one in which the alleged offense was committed and the
336	warrant issued, if the person arrested has a right to bail, the
337	arresting officer shall inform the person of his or her right
338	and, upon request, shall take the person before a trial court
339	judge magistrate or other official of the same county having
340	authority to admit to bail. The official shall admit the person
341	arrested to bail for his or her appearance before the trial
342	court judge magistrate who issued the warrant.
343	(2)  If the person arrested does not have a right to bail
344	or, when informed of his or her right to bail, does not furnish
345	bail immediately, the officer who made the arrest or the officer
346	having the warrant shall take the person before the trial court
347	judge magistrate who issued the warrant.
348	Section 21.  Section 901.08, Florida Statutes, is amended
349	to read:
350	901.08  Issue of warrant when offense triable in another
351	county.--
352	(1)  When a complaint before a trial court judge magistrate
353	charges the commission of an offense that is punishable by death
354	or life imprisonment and is triable in another county of the
355	state, but it appears that the person against whom the complaint
356	is made is in the county where the complaint is made, the same
357	proceedings for issuing a warrant shall be used as prescribed in
358	this chapter, except that the warrant shall require the person
359	against whom the complaint is made to be taken before a
360	designated trial court judge magistrate of the county in which
361	the offense is triable.
362	(2)  If the person arrested has a right to bail, the
363	officer making the arrest shall inform the person of his or her
364	right to bail and, on request, shall take the person before a
365	trial court judge magistrate or other official having authority
366	to admit to bail in the county in which the arrest is made.  The
367	official shall admit the person to bail for his or her
368	appearance before the trial court judge magistrate designated in
369	the warrant.
370	(3)  If the person arrested does not have a right to bail
371	or, when informed of his or her right to bail, does not furnish
372	bail immediately, he or she shall be taken before the trial
373	court judge magistrate designated in the warrant.
374	Section 22.  Section 901.09, Florida Statutes, is amended
375	to read:
376	901.09  When summons shall be issued.--
377	(1)  When the complaint is for an offense that the trial
378	court judge magistrate is empowered to try summarily, the trial
379	court judge magistrate shall issue a summons instead of a
380	warrant, unless she or he reasonably believes that the person
381	against whom the complaint was made will not appear upon a
382	summons, in which event the trial court judge magistrate shall
383	issue a warrant.
384	(2)  When the complaint is for a misdemeanor that the trial
385	court judge magistrate is not empowered to try summarily, the
386	trial court judge magistrate shall issue a summons instead of a
387	warrant if she or he reasonably believes that the person against
388	whom the complaint was made will appear upon a summons.
389	(3)  The summons shall set forth substantially the nature
390	of the offense and shall command the person against whom the
391	complaint was made to appear before the trial court judge
392	magistrate at a stated time and place.
393	Section 23.  Section 901.11, Florida Statutes, is amended
394	to read:
395	901.11  Effect of not answering summons.--Failure to appear
396	as commanded by a summons without good cause is an indirect
397	criminal contempt of court and may be punished by a fine of not
398	more than $100.  When a person fails to appear as commanded by a
399	summons, the trial court judge magistrate shall issue a warrant.
400	If the trial court judge magistrate acquires reason to believe
401	that the person summoned will not appear as commanded after
402	issuing a summons, the trial court judge magistrate may issue a
403	warrant.
404	Section 24.  Section 901.12, Florida Statutes, is amended
405	to read:
406	901.12  Summons against corporation.--When a complaint of
407	an offense is made against a corporation, the trial court judge
408	magistrate shall issue a summons that shall set forth
409	substantially the nature of the offense and command the
410	corporation to appear before the trial court judge magistrate at
411	a stated time and place.
412	Section 25.  Subsection (3) of section 901.25, Florida
413	Statutes, is amended to read:
414	901.25  Fresh pursuit; arrest outside jurisdiction.--
415	(3)  If an arrest is made in this state by an officer
416	outside the county within which his or her jurisdiction lies,
417	the officer shall immediately notify the officer in charge of
418	the jurisdiction in which the arrest is made.  Such officer in
419	charge of the jurisdiction shall, along with the officer making
420	the arrest, take the person so arrested before a trial county
421	court judge or other committing magistrate of the county in
422	which the arrest was made without unnecessary delay.
423	Section 26.  Section 902.15, Florida Statutes, is amended
424	to read:
425	902.15  Undertaking by witness.--When a defendant is held
426	to answer on a charge for a crime punishable by death or life
427	imprisonment, the trial court judge magistrate at the
428	preliminary hearing may require each material witness to enter
429	into a written recognizance to appear at the trial or forfeit a
430	sum fixed by the trial court judge magistrate. Additional
431	security may be required in the discretion of the trial court
432	judge magistrate.
433	Section 27.  Subsections (1), (2), and (3) of section
434	902.17, Florida Statutes, are amended to read:
435	902.17  Procedure when witness does not give security.--
436	(1)  If a witness required to enter into a recognizance to
437	appear refuses to comply with the order, the trial court judge
438	magistrate shall commit the witness to custody until she or he
439	complies or she or he is legally discharged.
440	(2)  If the trial court judge magistrate requires a witness
441	to give security for her or his appearance and the witness is
442	unable to give the security, the witness may apply to the court
443	having jurisdiction to try the defendant for a reduction of the
444	security.
445	(3)  If it appears from examination on oath of the witness
446	or any other person that the witness is unable to give security,
447	the trial court judge magistrate or the court having
448	jurisdiction to try the defendant shall make an order finding
449	that fact, and the witness shall be detained pending application
450	for her or his conditional examination. Within 3 days from the
451	entry of the order, the witness shall be conditionally examined
452	on application of the state or the defendant.  The examination
453	shall be by question and answer in the presence of the other
454	party and counsel, and shall be transcribed by a court reporter
455	or stenographer selected by the parties. At the completion of
456	the examination the witness shall be discharged. The deposition
457	of the witness may be introduced in evidence at the trial by the
458	defendant, or, if the prosecuting attorney and the defendant and
459	the defendant's counsel agree, it may be admitted in evidence by
460	stipulation. The deposition shall not be admitted on behalf of
461	the state without the consent of the defendant.
462	Section 28.  Section 902.20, Florida Statutes, is amended
463	to read:
464	902.20  Contempts before committing trial court judge
465	magistrate.--A committing trial court judge magistrate holding a
466	preliminary hearing shall have the same power to punish for
467	contempts that she or he has while presiding at the trial of
468	criminal cases.
469	Section 29.  Section 902.21, Florida Statutes, is amended
470	to read:
471	902.21  Commitment to jail in another county.--If a person
472	is committed in a county where there is no jail, the committing
473	trial court judge magistrate shall direct the sheriff to deliver
474	the accused to a jail in another county.
475	Section 30.  Subsection (1) of section 903.03, Florida
476	Statutes, is amended to read:
477	903.03  Jurisdiction of trial court to admit to bail;
478	duties and responsibilities of Department of Corrections.--
479	(1)  After a person is held to answer by a trial court
480	judge magistrate, the court having jurisdiction to try the
481	defendant shall, before indictment, affidavit, or information is
482	filed, have jurisdiction to hear and decide all preliminary
483	motions regarding bail and production or impounding of all
484	articles, writings, moneys, or other exhibits expected to be
485	used at the trial by either the state or the defendant.
486	Section 31.  Subsection (2) of section 903.32, Florida
487	Statutes, is amended to read:
488	903.32  Defects in bond.--
489	(2)  If no day, or an impossible day, is stated in a bond
490	for the defendant's appearance before a trial court judge
491	magistrate for a hearing, the defendant shall be bound to appear
492	10 days after receipt of notice to appear by the defendant, the
493	defendant's counsel, or any surety on the undertaking. If no
494	day, or an impossible day, is stated in a bond for the
495	defendant's appearance for trial, the defendant shall be bound
496	to appear on the first day of the next term of court that will
497	commence more than 3 days after the undertaking is given.
498	Section 32.  Section 903.34, Florida Statutes, is amended
499	to read:
500	903.34  Who may admit to bail.--In criminal actions
501	instituted or pending in any state court, bonds given by
502	defendants before trial until appeal shall be approved by a
503	committing trial court judge magistrate or the sheriff. Appeal
504	bonds shall be approved as provided in s. 924.15.
505	Section 33.  Subsection (4) of section 914.22, Florida
506	Statutes, is amended to read:
507	914.22  Tampering with a witness, victim, or informant.--
508	(4)  In a prosecution for an offense under this section, no
509	state of mind need be proved with respect to the circumstance:
510	(a)  That the official proceeding before a judge, court,
511	magistrate, grand jury, or government agency is before a judge
512	or court of the state, a state or local grand jury, or a state
513	agency; or
514	(b)  That the judge is a judge of the state or that the law
515	enforcement officer is an officer or employee of the state or a
516	person authorized to act for or on behalf of the state or
517	serving the state as an adviser or consultant.
518	Section 34.  Section 923.01, Florida Statutes, is amended
519	to read:
520	923.01  Criminal report.--Each committing trial court judge
521	magistrate at the time commitment papers are sent by her or him
522	to the proper trial court, and the sheriff when an arrest is
523	made, other than on a capias, shall transmit to the prosecuting
524	attorney of the trial court having jurisdiction, a report in the
525	following form:
526	CRIMINAL REPORT
527	Date: ____ Name and address of defendant: ____ Age: ____. If
528	under 18, give name and address of parent, next friend, or
529	guardian: ____ Name of offense, such as murder, assault,
530	robbery, etc.: ____ Date and place where committed: ____ Value
531	of property stolen: ____ Kind of property stolen: ____ Kind of
532	building robbed: ____ Name and address of owner of property
533	stolen or building robbed: ____ Name and address of occupant of
534	building robbed: ____ Name of party assaulted or murdered: ____
535	Weapon used in assault or murder: ____ Exhibits taken at scene
536	of crime or from defendant: ____ Name of custodian of such
537	exhibits: ____ Location of building or place where offense
538	committed: ____ Previous prison record of defendant: ____ Has
539	defendant been arrested: ____ Does defendant desire to plead
540	guilty: ____ Names and addresses of state witnesses: ____ Name
541	of defendant's lawyer: ____ If defendant is released on bond,
542	names and addresses of sureties: ____ Brief statement of facts:
543	____ Name of committing trial court judge magistrate: ____ If
544	additional space required, use reverse side of this sheet.
545	. . . (Signature of party making this report.) . . .
546	Section 35.  Section 933.01, Florida Statutes, is amended
547	to read:
548	933.01  Persons competent to issue search warrant.--A
549	search warrant authorized by law may be issued by any judge,
550	including the judge of any circuit court of this state or county
551	court judge, or committing judge of the trial court magistrate
552	having jurisdiction where the place, vehicle, or thing to be
553	searched may be.
554	Section 36.  Section 933.06, Florida Statutes, is amended
555	to read:
556	933.06  Sworn application required before issuance.--The
557	judge or magistrate must, before issuing the warrant, have the
558	application of some person for said warrant duly sworn to and
559	subscribed, and may receive further testimony from witnesses or
560	supporting affidavits, or depositions in writing, to support the
561	application.  The affidavit and further proof, if same be had or
562	required, must set forth the facts tending to establish the
563	grounds of the application or probable cause for believing that
564	they exist.
565	Section 37.  Subsection (1) of section 933.07, Florida
566	Statutes, is amended to read:
567	933.07  Issuance of search warrants.--
568	(1)  The judge, upon examination of the application and
569	proofs submitted, if satisfied that probable cause exists for
570	the issuing of the search warrant, shall thereupon issue a
571	search warrant signed by him or her with his or her name of
572	office, to any sheriff and the sheriff's deputies or any police
573	officer or other person authorized by law to execute process,
574	commanding the officer or person forthwith to search the
575	property described in the warrant or the person named, for the
576	property specified, and to bring the property and any person
577	arrested in connection therewith before the judge magistrate or
578	some other court having jurisdiction of the offense.
579	Section 38.  Section 933.10, Florida Statutes, is amended
580	to read:
581	933.10  Execution of search warrant during day or night.--A
582	search warrant issued under the provisions of this chapter may,
583	if expressly authorized in such warrant by the judge or
584	magistrate issuing the same, be executed by being served either
585	in the daytime or in the nighttime, as the exigencies of the
586	occasion may demand or require.
587	Section 39.  Section 933.101, Florida Statutes, is amended
588	to read:
589	933.101  Service on Sunday.--A search warrant may be
590	executed by being served on Sunday, if expressly authorized in
591	such warrant by the judge or magistrate issuing the same.
592	Section 40.  Section 933.13, Florida Statutes, is amended
593	to read:
594	933.13  Copy of inventory shall be delivered upon
595	request.--The judge or magistrate to whom the warrant is
596	-The judge or magistrate to whom the warrant is returned, upon
597	the request of any claimant or any person from whom said
598	property is taken, or the officer who executed the search
599	warrant, shall deliver to said applicant a true copy of the
600	inventory of the property mentioned in the return on said
601	warrant.
602	Section 41.  Subsections (1), (3), and (4) of section
603	933.14, Florida Statutes, are amended to read:
604	933.14  Return of property taken under search warrant.--
605	(1)  If it appears to the magistrate or judge before whom
606	the warrant is returned that the property or papers taken are
607	not the same as that described in the warrant, or that there is
608	no probable cause for believing the existence of the grounds
609	upon which the warrant was issued, or if it appears to the judge
610	magistrate before whom any property is returned that the
611	property was secured by an "unreasonable" search, the judge or
612	magistrate may order a return of the property taken; provided,
613	however, that in no instance shall contraband such as slot
614	machines, gambling tables, lottery tickets, tally sheets,
615	rundown sheets, or other gambling devices, paraphernalia and
616	equipment, or narcotic drugs, obscene prints and literature be
617	returned to anyone claiming an interest therein, it being the
618	specific intent of the Legislature that no one has any property
619	rights subject to be protected by any constitutional provision
620	in such contraband; provided, further, that the claimant of said
621	contraband may upon sworn petition and proof submitted by him or
622	her in the circuit court of the county where seized, show that
623	said contraband articles so seized were held, used or possessed
624	in a lawful manner, for a lawful purpose, and in a lawful place,
625	the burden of proof in all cases being upon the claimant. The
626	sworn affidavit or complaint upon which the search warrant was
627	issued or the testimony of the officers showing probable cause
628	to search without a warrant or incident to a legal arrest, and
629	the finding of such slot machines, gambling tables, lottery
630	tickets, tally sheets, rundown sheets, scratch sheets, or other
631	gambling devices, paraphernalia, and equipment, including money
632	used in gambling or in furtherance of gambling, or narcotic
633	drugs, obscene prints and literature, or any of them, shall
634	constitute prima facie evidence of the illegal possession of
635	such contraband and the burden shall be upon the claimant for
636	the return thereof, to show that such contraband was lawfully
637	acquired, possessed, held, and used.
638	(3)  No pistol or firearm taken by any officer with a
639	search warrant or without a search warrant upon a view by the
640	officer of a breach of the peace shall be returned except
641	pursuant to an order of a trial circuit judge or a county court
642	judge.
643	(4)  If no cause is shown for the return of any property
644	seized or taken under a search warrant, the judge or magistrate
645	shall order that the same be impounded for use as evidence at
646	any trial of any criminal or penal cause growing out of the
647	having or possession of said property, but perishable property
648	held or possessed in violation of law may be sold where the same
649	is not prohibited, as may be directed by the court, or returned
650	to the person from whom taken. The judge or magistrate to whom
651	said search warrant is returned shall file the same with the
652	inventory and sworn return in the proper office, and if the
653	original affidavit and proofs upon which the warrant was issued
654	are in his or her possession, he or she shall apply to the
655	officer having the same and the officer shall transmit and
656	deliver all of the papers, proofs, and certificates to the
657	proper office where the proceedings are lodged.
658	Section 42.  Section 939.02, Florida Statutes, is amended
659	to read:
660	939.02  Costs before committing trial court judge
661	magistrate.--All costs accruing before a committing trial court
662	judge magistrate shall be taxed against the defendant on
663	conviction or estreat of recognizance.
664	Section 43.  Section 939.14, Florida Statutes, is amended
665	to read:
666	939.14  County not to pay costs in cases where information
667	is not filed or indictment found.--When a committing trial court
668	judge magistrate holds to bail or commits any person to answer a
669	criminal charge in a county court or a circuit court, and an
670	information is not filed nor an indictment found against such
671	person, the costs of such committing trial shall not be paid by
672	the county, except the costs for executing the warrant.
673	Section 44.  Section 941.13, Florida Statutes, is amended
674	to read:
675	941.13  Arrest prior to requisition.--Whenever any person
676	within this state shall be charged on the oath of any credible
677	person before any judge or magistrate of this state with the
678	commission of any crime in any other state, and, except in cases
679	arising under s. 941.06, with having fled from justice or with
680	having been convicted of a crime in that state and having
681	escaped from confinement, or having broken the terms of his or
682	her bail, probation, or parole, or whenever complaint shall have
683	been made before any judge or magistrate in this state setting
684	forth on the affidavit of any credible person in another state
685	that a crime has been committed in such other state and that the
686	accused has been charged in such state with the commission of
687	the crime, and, except in cases arising under s. 941.06, has
688	fled from justice, or with having been convicted of a crime in
689	that state and having escaped from confinement, or having broken
690	the terms of his or her bail, probation, or parole, and is
691	believed to be in this state, the judge or magistrate shall
692	issue a warrant directed to any peace officer commanding him or
693	her to apprehend the person named therein, wherever the person
694	may be found in this state, and to bring the person before the
695	same or any other judge, magistrate, or court who or which may
696	be available in, or convenient of, access to the place where the
697	arrest may be made, to answer the charge or complaint and
698	affidavit, and a certified copy of the sworn charge or complaint
699	and affidavit upon which the warrant is issued shall be attached
700	to the warrant.
701	Section 45.  Section 941.14, Florida Statutes, is amended
702	to read:
703	941.14  Arrest without a warrant.--The arrest of a person
704	may be lawfully made also by any peace officer or a private
705	person, without a warrant upon reasonable information that the
706	accused stands charged in the courts of a state with a crime
707	punishable by death or imprisonment for a term exceeding 1 year,
708	but when so arrested the accused must be taken before a judge or
709	magistrate with all practicable speed and complaint must be made
710	against the accused under oath setting forth the ground for the
711	arrest as in the preceding section; and thereafter his or her
712	answer shall be heard as if the accused had been arrested on a
713	warrant.
714	Section 46.  Section 941.15, Florida Statutes, is amended
715	to read:
716	941.15  Commitment to await requisition; bail.--If from the
717	examination before the judge or magistrate it appears that the
718	person held is the person charged with having committed the
719	crime alleged and, except in cases arising under s. 941.06, that
720	the person has fled from justice, the judge or magistrate must,
721	by a warrant reciting the accusation, commit the person to the
722	county jail for such a time not exceeding 30 days and specified
723	in the warrant, as will enable the arrest of the accused to be
724	made under a warrant of the Governor on a requisition of the
725	executive authority of the state having jurisdiction of the
726	offense, unless the accused gives give bail as provided in s.
727	941.16 the next section, or until the accused shall be legally
728	discharged.
729	Section 47.  Section 941.17, Florida Statutes, is amended
730	to read:
731	941.17  Extension of time of commitment, adjournment.--If
732	the accused is not arrested under warrant of the Governor by the
733	expiration of the time specified in the warrant or bond, a judge
734	or magistrate may discharge the accused or may recommit him or
735	her for a further period not to exceed 60 days, or a judge or
736	magistrate judge may again take bail for his or her appearance
737	and surrender, as provided in s. 941.16, but within a period not
738	to exceed 60 days after the date of such new bond.
739	Section 48.  Section 941.18, Florida Statutes, is amended
740	to read:
741	941.18  Forfeiture of bail.--If the prisoner is admitted to
742	bail, and fails to appear and surrender himself or herself
743	according to the conditions of his or her bond, the judge, or
744	magistrate by proper order, shall declare the bond forfeited and
745	order his or her immediate arrest without warrant if he or she
746	is be within this state. Recovery may be had on such bond in the
747	name of the state as in the case of other bonds given by the
748	accused in criminal proceedings within this state.
749	Section 49.  Subsection (2) of section 947.141, Florida
750	Statutes, is amended to read:
751	947.141  Violations of conditional release, control
752	release, or conditional medical release or addiction-recovery
753	supervision.--
754	(2)  Upon the arrest on a felony charge of an offender who
755	is on release supervision under s. 947.1405, s. 947.146, s.
756	947.149, or s. 944.4731, the offender must be detained without
757	bond until the initial appearance of the offender at which a
758	judicial determination of probable cause is made. If the trial
759	court judge magistrate determines that there was no probable
760	cause for the arrest, the offender may be released. If the trial
761	court judge magistrate determines that there was probable cause
762	for the arrest, such determination also constitutes reasonable
763	grounds to believe that the offender violated the conditions of
764	the release. Within 24 hours after the trial court judge's
765	magistrate's finding of probable cause, the detention facility
766	administrator or designee shall notify the commission and the
767	department of the finding and transmit to each a facsimile copy
768	of the probable cause affidavit or the sworn offense report upon
769	which the trial court judge's magistrate's probable cause
770	determination is based. The offender must continue to be
771	detained without bond for a period not exceeding 72 hours
772	excluding weekends and holidays after the date of the probable
773	cause determination, pending a decision by the commission
774	whether to issue a warrant charging the offender with violation
775	of the conditions of release. Upon the issuance of the
776	commission's warrant, the offender must continue to be held in
777	custody pending a revocation hearing held in accordance with
778	this section.
779	Section 50.  Subsection (1) of section 948.06, Florida
780	Statutes, is amended to read:
781	948.06  Violation of probation or community control;
782	revocation; modification; continuance; failure to pay
783	restitution or cost of supervision.--
784	(1)  Whenever within the period of probation or community
785	control there are reasonable grounds to believe that a
786	probationer or offender in community control has violated his or
787	her probation or community control in a material respect, any
788	law enforcement officer who is aware of the probationary or
789	community control status of the probationer or offender in
790	community control or any parole or probation supervisor may
791	arrest or request any county or municipal law enforcement
792	officer to arrest such probationer or offender without warrant
793	wherever found and forthwith return him or her to the court
794	granting such probation or community control. Any committing
795	trial court judge magistrate may issue a warrant, upon the facts
796	being made known to him or her by affidavit of one having
797	knowledge of such facts, for the arrest of the probationer or
798	offender, returnable forthwith before the court granting such
799	probation or community control. Any parole or probation
800	supervisor, any officer authorized to serve criminal process, or
801	any peace officer of this state is authorized to serve and
802	execute such warrant. Upon the filing of an affidavit alleging a
803	violation of probation or community control and following
804	issuance of a warrant under s. 901.02, the probationary period
805	is tolled until the court enters a ruling on the violation.
806	Notwithstanding the tolling of probation as provided in this
807	subsection, the court shall retain jurisdiction over the
808	offender for any violation of the conditions of probation or
809	community control that is alleged to have occurred during the
810	tolling period. The probation officer is permitted to continue
811	to supervise any offender who remains available to the officer
812	for supervision until the supervision expires pursuant to the
813	order of probation or community control or until the court
814	revokes or terminates the probation or community control,
815	whichever comes first. The court, upon the probationer or
816	offender being brought before it, shall advise him or her of
817	such charge of violation and, if such charge is admitted to be
818	true, may forthwith revoke, modify, or continue the probation or
819	community control or place the probationer into a community
820	control program. If probation or community control is revoked,
821	the court shall adjudge the probationer or offender guilty of
822	the offense charged and proven or admitted, unless he or she has
823	previously been adjudged guilty, and impose any sentence which
824	it might have originally imposed before placing the probationer
825	on probation or the offender into community control. If such
826	violation of probation or community control is not admitted by
827	the probationer or offender, the court may commit him or her or
828	release him or her with or without bail to await further
829	hearing, or it may dismiss the charge of probation or community
830	control violation. If such charge is not at that time admitted
831	by the probationer or offender and if it is not dismissed, the
832	court, as soon as may be practicable, shall give the probationer
833	or offender an opportunity to be fully heard on his or her
834	behalf in person or by counsel. After such hearing, the court
835	may revoke, modify, or continue the probation or community
836	control or place the probationer into community control. If such
837	probation or community control is revoked, the court shall
838	adjudge the probationer or offender guilty of the offense
839	charged and proven or admitted, unless he or she has previously
840	been adjudged guilty, and impose any sentence which it might
841	have originally imposed before placing the probationer or
842	offender on probation or into community control. Notwithstanding
843	s. 775.082, when a period of probation or community control has
844	been tolled, upon revocation or modification of the probation or
845	community control, the court may impose a sanction with a term
846	that when combined with the amount of supervision served and
847	tolled, exceeds the term permissible pursuant to s. 775.082 for
848	a term up to the amount of the tolled period supervision. If the
849	court dismisses an affidavit alleging a violation of probation
850	or community control, the offender's probation or community
851	control shall continue as previously imposed, and the offender
852	shall receive credit for all tolled time against his or her term
853	of probation or community control.
854	Section 51.  Paragraph (b) of subsection (4) of section
855	985.05, Florida Statutes, is amended to read:
856	985.05  Court records.--
857	(4)  A court record of proceedings under this part is not
858	admissible in evidence in any other civil or criminal
859	proceeding, except that:
860	(b)  Orders binding an adult over for trial on a criminal
861	charge, made by the committing trial court judge as a committing
862	magistrate, are admissible in evidence in the court to which the
863	adult is bound over.
864	Section 52.  Section 56.071, Florida Statutes, is amended
865	to read:
866	56.071  Executions on equities of redemption; discovery of
867	value.--On motion made by the party causing a levy to be made on
868	an equity of redemption, the court from which the execution
869	issued shall order the mortgagor, mortgagee, and all other
870	persons interested in the mortgaged property levied on to appear
871	and be examined about the amount remaining due on the mortgage,
872	the amount that has been paid, the party to whom that amount has
873	been paid, and the date when that amount was paid to whom and
874	when paid so that the value of the equity of redemption may be
875	ascertained before the property it is sold. The court may
876	appoint a general or special magistrate master to conduct the
877	examination.  This section shall also apply to the interest of
878	and personal property in possession of a vendee under a retained
879	title contract or conditional sales contract.
880	Section 53.  Subsections (2), (7), and (10) of section
881	56.29, Florida Statutes, are amended to read:
882	56.29  Proceedings supplementary.--
883	(2)  On such plaintiff's motion the court shall require the
884	defendant in execution to appear before it or a general or
885	special magistrate master at a time and place specified by the
886	order in the county of the defendant's residence to be examined
887	concerning his or her property.
888	(7)  At any time the court may refer the proceeding to a
889	general or special magistrate master who may be directed to
890	report findings of law or fact, or both.  The general or special
891	magistrate master has all the powers thereof, including the
892	power to issue subpoena, and shall be paid the fees provided by
893	law.
894	(10)  Any person failing to obey any order issued under
895	this section by a judge or general or special magistrate master
896	or failing to attend in response to a subpoena served on him or
897	her may be held in contempt.
898	Section 54.  Subsection (4) of section 61.1826, Florida
899	Statutes, is amended to read:
900	61.1826  Procurement of services for State Disbursement
901	Unit and the non-Title IV-D component of the State Case
902	Registry; contracts and cooperative agreements; penalties;
903	withholding payment.--
904	(4)  COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The
905	contract between the Florida Association of Court Clerks and the
906	department, and cooperative agreements entered into by the
907	depositories and the department, must contain, but are not
908	limited to, the following terms:
909	(a)  The initial term of the contract and cooperative
910	agreements is for 5 years. The subsequent term of the contract
911	and cooperative agreements is for 3 years, with the option of
912	two 1-year renewal periods, at the sole discretion of the
913	department.
914	(b)  The duties and responsibilities of the Florida
915	Association of Court Clerks, the depositories, and the
916	department.
917	(c)  Under s. 287.058(1)(a), all providers and
918	subcontractors shall submit to the department directly, or
919	through the Florida Association of Court Clerks, a report of
920	monthly expenditures in a format prescribed by the department
921	and in sufficient detail for a proper preaudit and postaudit
922	thereof.
923	(d)  All providers and subcontractors shall submit to the
924	department directly, or through the Florida Association of Court
925	Clerks, management reports in a format prescribed by the
926	department.
927	(e)  All subcontractors shall comply with chapter 280, as
928	may be required.
929	(f)  Federal financial participation for eligible Title IV-
930	D expenditures incurred by the Florida Association of Court
931	Clerks and the depositories shall be at the maximum level
932	permitted by federal law for expenditures incurred for the
933	provision of services in support of child support enforcement in
934	accordance with 45 C.F.R. part 74 and Federal Office of
935	Management and Budget Circulars A-87 and A-122 and based on an
936	annual cost allocation study of each depository. The
937	depositories shall submit directly, or through the Florida
938	Association of Court Clerks, claims for Title IV-D expenditures
939	monthly to the department in a standardized format as prescribed
940	by the department. The Florida Association of Court Clerks shall
941	contract with a certified public accounting firm, selected by
942	the Florida Association of Court Clerks and the department, to
943	audit and certify quarterly to the department all claims for
944	expenditures submitted by the depositories for Title IV-D
945	reimbursement.
946	(g)  Upon termination of the contracts between the
947	department and the Florida Association of Court Clerks or the
948	depositories, the Florida Association of Court Clerks, its
949	agents, and the depositories shall assist the department in
950	making an orderly transition to a private vendor.
951	(h)  Interest on late payment by the department shall be in
952	accordance with s. 215.422.
953
954	If either the department or the Florida Association of Court
955	Clerks objects to a term of the standard cooperative agreement
956	or contract specified in subsections (2) and (3), the disputed
957	term or terms shall be presented jointly by the parties to the
958	Attorney General or the Attorney General's designee, who shall
959	act as special magistrate master. The special magistrate master
960	shall resolve the dispute in writing within 10 days. The
961	resolution of a dispute by the special magistrate master is
962	binding on the department and the Florida Association of Court
963	Clerks.
964	Section 55.  Section 64.061, Florida Statutes, is amended
965	to read:
966	64.061  Partition of property; commissioners; special
967	magistrate master.--
968	(1)  APPOINTMENT AND REMOVAL.--When a judgment of partition
969	is made, the court shall appoint three suitable persons as
970	commissioners to make the partition. They shall be selected by
971	the court unless agreed on by the parties. They may be removed
972	by the court for good cause and others appointed in their
973	places.
974	(2)  POWERS, DUTIES, COMPENSATION AND REPORT OF
975	COMMISSIONERS.--The commissioners shall be sworn to execute the
976	trust imposed in them faithfully and impartially before entering
977	on their duties; have power to employ a surveyor, if necessary,
978	for the purpose of making partition; be allowed such sum as is
979	reasonable for their services; to make partition of the lands in
980	question according to the court's order and report it in writing
981	to the court without delay.
982	(3)  EXCEPTIONS TO REPORT AND FINAL JUDGMENT.--Any party
983	may file objections to the report of the commissioners within 10
984	days after it is served. If no objections are filed or if the
985	court is satisfied on hearing any such objections that they are
986	not well-founded, the report shall be confirmed, and a final
987	judgment entered vesting in the parties the title to the parcels
988	of the lands allotted to them respectively, and giving each of
989	them the possession of and quieting title to their respective
990	shares as against the other parties to the action or those
991	claiming through or under them.
992	(4)  APPOINTMENT OF SPECIAL MAGISTRATE MASTER WHERE
993	PROPERTY NOT SUBJECT TO PARTITION.--On an uncontested allegation
994	in a pleading that the property sought to be partitioned is
995	indivisible and is not subject to partition without prejudice to
996	the owners of it or if a judgment of partition is entered and
997	the court is satisfied that the allegation is correct, on motion
998	of any party and notice to the others the court may appoint a
999	special magistrate master or the clerk to make sale of the
1000	property either at private sale or as provided by s. 64.071.
1001	Section 56.  Subsection (5) of section 65.061, Florida
1002	Statutes, is amended to read:
1003	65.061  Quieting title; additional remedy.--
1004	(5)  RECORDING FINAL JUDGMENTS.--All final judgments may be
1005	recorded in the county or counties in which the land is situated
1006	and operate to vest title in like manner as though a conveyance
1007	were executed by a special magistrate master or commissioner.
1008	Section 57.  Section 69.051, Florida Statutes, is amended
1009	to read:
1010	69.051  General and special magistrates Masters in
1011	chancery; compensation.--General and special magistrates
1012	appointed by the court Masters in chancery shall be allowed such
1013	compensation for any services as the court deems reasonable,
1014	including time consumed in legal research required in preparing
1015	and summarizing their findings of fact and law.
1016	Section 58.  Section 70.51, Florida Statutes, is amended to
1017	read:
1018	70.51  Land use and environmental dispute resolution.--
1019	(1)  This section may be cited as the "Florida Land Use and
1020	Environmental Dispute Resolution Act."
1021	(2)  As used in this section, the term:
1022	(a)  "Development order" means any order, or notice of
1023	proposed state or regional governmental agency action, which is
1024	or will have the effect of granting, denying, or granting with
1025	conditions an application for a development permit, and includes
1026	the rezoning of a specific parcel. Actions by the state or a
1027	local government on comprehensive plan amendments are not
1028	development orders.
1029	(b)  "Development permit" means any building permit, zoning
1030	permit, subdivision approval, certification, special exception,
1031	variance, or any other similar action of local government, as
1032	well as any permit authorized to be issued under state law by
1033	state, regional, or local government which has the effect of
1034	authorizing the development of real property including, but not
1035	limited to, programs implementing chapters 125, 161, 163, 166,
1036	187, 258, 372, 373, 378, 380, and 403.
1037	(c)  "Special magistrate master" means a person selected by
1038	the parties to perform the duties prescribed in this section.
1039	The special magistrate master must be a resident of the state
1040	and possess experience and expertise in mediation and at least
1041	one of the following disciplines and a working familiarity with
1042	the others: land use and environmental permitting, land
1043	planning, land economics, local and state government
1044	organization and powers, and the law governing the same.
1045	(d)  "Owner" means a person with a legal or equitable
1046	interest in real property who filed an application for a
1047	development permit for the property at the state, regional, or
1048	local level and who received a development order, or who holds
1049	legal title to real property that is subject to an enforcement
1050	action of a governmental entity.
1051	(e)  "Proposed use of the property" means the proposal
1052	filed by the owner to develop his or her real property.
1053	(f)  "Governmental entity" includes an agency of the state,
1054	a regional or a local government created by the State
1055	Constitution or by general or special act, any county or
1056	municipality, or any other entity that independently exercises
1057	governmental authority. The term does not include the United
1058	States or any of its agencies.
1059	(g)  "Land" or "real property" means land and includes any
1060	appurtenances and improvements to the land, including any other
1061	relevant real property in which the owner had a relevant
1062	interest.
1063	(3)  Any owner who believes that a development order,
1064	either separately or in conjunction with other development
1065	orders, or an enforcement action of a governmental entity, is
1066	unreasonable or unfairly burdens the use of the owner's real
1067	property, may apply within 30 days after receipt of the order or
1068	notice of the governmental action for relief under this section.
1069	(4)  To initiate a proceeding under this section, an owner
1070	must file a request for relief with the elected or appointed
1071	head of the governmental entity that issued the development
1072	order or orders, or that initiated the enforcement action. The
1073	head of the governmental entity may not charge the owner for the
1074	request for relief and must forward the request for relief to
1075	the special magistrate master who is mutually agreed upon by the
1076	owner and the governmental entity within 10 days after receipt
1077	of the request.
1078	(5)  The governmental entity with whom a request has been
1079	filed shall also serve a copy of the request for relief by
1080	United States mail or by hand delivery to:
1081	(a)  Owners of real property contiguous to the owner's
1082	property at the address on the latest county tax roll.
1083	(b)  Any substantially affected party who submitted oral or
1084	written testimony, sworn or unsworn, of a substantive nature
1085	which stated with particularity objections to or support for any
1086	development order at issue or enforcement action at issue.
1087	Notice under this paragraph is required only if that party
1088	indicated a desire to receive notice of any subsequent special
1089	magistrate master proceedings occurring on the development order
1090	or enforcement action. Each governmental entity must maintain in
1091	its files relating to particular development orders a mailing
1092	list of persons who have presented oral or written testimony and
1093	who have requested notice.
1094	(6)  The request for relief must contain:
1095	(a)  A brief statement of the owner's proposed use of the
1096	property.
1097	(b)  A summary of the development order or description of
1098	the enforcement action. A copy of the development order or the
1099	documentation of an enforcement action at issue must be attached
1100	to the request.
1101	(c)  A brief statement of the impact of the development
1102	order or enforcement action on the ability of the owner to
1103	achieve the proposed use of the property.
1104	(d)  A certificate of service showing the parties,
1105	including the governmental entity, served.
1106	(7)  The special magistrate master may require other
1107	information in the interest of gaining a complete understanding
1108	of the request for relief.
1109	(8)  The special magistrate master may conduct a hearing on
1110	whether the request for relief should be dismissed for failing
1111	to include the information required in subsection (6). If the
1112	special magistrate master dismisses the case, the special
1113	magistrate master shall allow the owner to amend the request and
1114	refile. Failure to file an adequate amended request within the
1115	time specified shall result in a dismissal with prejudice as to
1116	this proceeding.
1117	(9)  By requesting relief under this section, the owner
1118	consents to grant the special magistrate master and the parties
1119	reasonable access to the real property with advance notice at a
1120	time and in a manner acceptable to the owner of the real
1121	property.
1122	(10)(a)  Before initiating a special magistrate master
1123	proceeding to review a local development order or local
1124	enforcement action, the owner must exhaust all nonjudicial local
1125	government administrative appeals if the appeals take no longer
1126	than 4 months.  Once nonjudicial local administrative appeals
1127	are exhausted and the development order or enforcement action is
1128	final, or within 4 months after issuance of the development
1129	order or notice of the enforcement action if the owner has
1130	pursued local administrative appeals even if the appeals have
1131	not been concluded, the owner may initiate a proceeding under
1132	this section. Initiation of a proceeding tolls the time for
1133	seeking judicial review of a local government development order
1134	or enforcement action until the special magistrate's master's
1135	recommendation is acted upon by the local government. Election
1136	by the owner to file for judicial review of a local government
1137	development order or enforcement action prior to initiating a
1138	proceeding under this section waives any right to a special
1139	magistrate master proceeding.
1140	(b)  If an owner requests special magistrate master relief
1141	from a development order or enforcement action issued by a state
1142	or regional agency, the time for challenging agency action under
1143	ss. 120.569 and 120.57 is tolled. If an owner chooses to bring a
1144	proceeding under ss. 120.569 and 120.57 before initiating a
1145	special magistrate master proceeding, then the owner waives any
1146	right to a special magistrate master proceeding unless all
1147	parties consent to proceeding to mediation.
1148	(11)  The initial party to the proceeding is the
1149	governmental entity that issues the development order to the
1150	owner or that is taking the enforcement action. In those
1151	instances when the development order or enforcement action is
1152	the culmination of a process involving more than one
1153	governmental entity or when a complete resolution of all
1154	relevant issues would require the active participation of more
1155	than one governmental entity, the special magistrate master may,
1156	upon application of a party, join those governmental entities as
1157	parties to the proceeding if it will assist in effecting the
1158	purposes of this section, and those governmental entities so
1159	joined shall actively participate in the procedure.
1160	(12)  Within 21 days after receipt of the request for
1161	relief, any owner of land contiguous to the owner's property and
1162	any substantially affected person who submitted oral or written
1163	testimony, sworn or unsworn, of a substantive nature which
1164	stated with particularity objections to or support for the
1165	development order or enforcement action at issue may request to
1166	participate in the proceeding. Those persons may be permitted to
1167	participate in the hearing but shall not be granted party or
1168	intervenor status. The participation of such persons is limited
1169	to addressing issues raised regarding alternatives, variances,
1170	and other types of adjustment to the development order or
1171	enforcement action which may impact their substantial interests,
1172	including denial of the development order or application of an
1173	enforcement action.
1174	(13)  Each party must make efforts to assure that those
1175	persons qualified by training or experience necessary to address
1176	issues raised by the request or by the special magistrate master
1177	and further qualified to address alternatives, variances, and
1178	other types of modifications to the development order or
1179	enforcement action are present at the hearing.
1180	(14)  The special magistrate master may subpoena any
1181	nonparty witnesses in the state whom the special magistrate
1182	master believes will aid in the disposition of the matter.
1183	(15)(a)  The special magistrate master shall hold a hearing
1184	within 45 days after his or her receipt of the request for
1185	relief unless a different date is agreed to by all the parties.
1186	The hearing must be held in the county in which the property is
1187	located.
1188	(b)  The special magistrate master must provide notice of
1189	the place, date, and time of the hearing to all parties and any
1190	other persons who have requested such notice at least 40 days
1191	prior to the hearing.
1192	(16)(a)  Fifteen days following the filing of a request for
1193	relief, the governmental entity that issued the development
1194	order or that is taking the enforcement action shall file a
1195	response to the request for relief with the special magistrate
1196	master together with a copy to the owner. The response must set
1197	forth in reasonable detail the position of the governmental
1198	entity regarding the matters alleged by the owner. The response
1199	must include a brief statement explaining the public purpose of
1200	the regulations on which the development order or enforcement
1201	action is based.
1202	(b)  Any governmental entity that is added by the special
1203	magistrate master as a party must file a response to the request
1204	for relief prior to the hearing but not later than 15 days
1205	following its admission.
1206	(c)  Any party may incorporate in the response to the
1207	request for relief a request to be dropped from the proceeding.
1208	The request to be dropped must set forth facts and circumstances
1209	relevant to aid the special magistrate master in ruling on the
1210	request. All requests to be dropped must be disposed of prior to
1211	conducting any hearings on the merits of the request for relief.
1212	(17)  In all respects, the hearing must be informal and
1213	open to the public and does not require the use of an attorney.
1214	The hearing must operate at the direction and under the
1215	supervision of the special magistrate master. The object of the
1216	hearing is to focus attention on the impact of the governmental
1217	action giving rise to the request for relief and to explore
1218	alternatives to the development order or enforcement action and
1219	other regulatory efforts by the governmental entities in order
1220	to recommend relief, when appropriate, to the owner.
1221	(a)  The first responsibility of the special magistrate
1222	master is to facilitate a resolution of the conflict between the
1223	owner and governmental entities to the end that some
1224	modification of the owner's proposed use of the property or
1225	adjustment in the development order or enforcement action or
1226	regulatory efforts by one or more of the governmental parties
1227	may be reached. Accordingly, the special magistrate master shall
1228	act as a facilitator or mediator between the parties in an
1229	effort to effect a mutually acceptable solution. The parties
1230	shall be represented at the mediation by persons with authority
1231	to bind their respective parties to a solution, or by persons
1232	with authority to recommend a solution directly to the persons
1233	with authority to bind their respective parties to a solution.
1234	(b)  If an acceptable solution is not reached by the
1235	parties after the special magistrate's master's attempt at
1236	mediation, the special magistrate master shall consider the
1237	facts and circumstances set forth in the request for relief and
1238	any responses and any other information produced at the hearing
1239	in order to determine whether the action by the governmental
1240	entity or entities is unreasonable or unfairly burdens the real
1241	property.
1242	(c)  In conducting the hearing, the special magistrate
1243	master may hear from all parties and witnesses that are
1244	necessary to an understanding of the matter. The special
1245	magistrate master shall weigh all information offered at the
1246	hearing.
1247	(18)  The circumstances to be examined in determining
1248	whether the development order or enforcement action, or the
1249	development order or enforcement action in conjunction with
1250	regulatory efforts of other governmental parties, is
1251	unreasonable or unfairly burdens use of the property may
1252	include, but are not limited to:
1253	(a)  The history of the real property, including when it
1254	was purchased, how much was purchased, where it is located, the
1255	nature of the title, the composition of the property, and how it
1256	was initially used.
1257	(b)  The history or development and use of the real
1258	property, including what was developed on the property and by
1259	whom, if it was subdivided and how and to whom it was sold,
1260	whether plats were filed or recorded, and whether infrastructure
1261	and other public services or improvements may have been
1262	dedicated to the public.
1263	(c)  The history of environmental protection and land use
1264	controls and other regulations, including how and when the land
1265	was classified, how use was proscribed, and what changes in
1266	classifications occurred.
1267	(d)  The present nature and extent of the real property,
1268	including its natural and altered characteristics.
1269	(e)  The reasonable expectations of the owner at the time
1270	of acquisition, or immediately prior to the implementation of
1271	the regulation at issue, whichever is later, under the
1272	regulations then in effect and under common law.
1273	(f)  The public purpose sought to be achieved by the
1274	development order or enforcement action, including the nature
1275	and magnitude of the problem addressed by the underlying
1276	regulations on which the development order or enforcement action
1277	is based; whether the development order or enforcement action is
1278	necessary to the achievement of the public purpose; and whether
1279	there are alternative development orders or enforcement action
1280	conditions that would achieve the public purpose and allow for
1281	reduced restrictions on the use of the property.
1282	(g)  Uses authorized for and restrictions placed on similar
1283	property.
1284	(h)  Any other information determined relevant by the
1285	special magistrate master.
1286	(19)  Within 14 days after the conclusion of the hearing,
1287	the special magistrate master shall prepare and file with all
1288	parties a written recommendation.
1289	(a)  If the special magistrate master finds that the
1290	development order at issue, or the development order or
1291	enforcement action in combination with the actions or
1292	regulations of other governmental entities, is not unreasonable
1293	or does not unfairly burden the use of the owner's property, the
1294	special magistrate master must recommend that the development
1295	order or enforcement action remain undisturbed and the
1296	proceeding shall end, subject to the owner's retention of all
1297	other available remedies.
1298	(b)  If the special magistrate master finds that the
1299	development order or enforcement action, or the development
1300	order or enforcement action in combination with the actions or
1301	regulations of other governmental entities, is unreasonable or
1302	unfairly burdens use of the owner's property, the special
1303	magistrate master, with the owner's consent to proceed, may
1304	recommend one or more alternatives that protect the public
1305	interest served by the development order or enforcement action
1306	and regulations at issue but allow for reduced restraints on the
1307	use of the owner's real property, including, but not limited to:
1308	1.  An adjustment of land development or permit standards
1309	or other provisions controlling the development or use of land.
1310	2.  Increases or modifications in the density, intensity,
1311	or use of areas of development.
1312	3.  The transfer of development rights.
1313	4.  Land swaps or exchanges.
1314	5.  Mitigation, including payments in lieu of onsite
1315	mitigation.
1316	6.  Location on the least sensitive portion of the
1317	property.
1318	7.  Conditioning the amount of development or use
1319	permitted.
1320	8.  A requirement that issues be addressed on a more
1321	comprehensive basis than a single proposed use or development.
1322	9.  Issuance of the development order, a variance, special
1323	exception, or other extraordinary relief, including withdrawal
1324	of the enforcement action.
1325	10.  Purchase of the real property, or an interest therein,
1326	by an appropriate governmental entity.
1327	(c)  This subsection does not prohibit the owner and
1328	governmental entity from entering in to an agreement as to the
1329	permissible use of the property prior to the special magistrate
1330	master entering a recommendation.  An agreement for a
1331	permissible use must be incorporated in the special magistrate's
1332	master's recommendation.
1333	(20)  The special magistrate's master's recommendation is a
1334	public record under chapter 119. However, actions or statements
1335	of all participants to the special magistrate master proceeding
1336	are evidence of an offer to compromise and inadmissible in any
1337	proceeding, judicial or administrative.
1338	(21)  Within 45 days after receipt of the special
1339	magistrate's master's recommendation, the governmental entity
1340	responsible for the development order or enforcement action and
1341	other governmental entities participating in the proceeding must
1342	consult among themselves and each governmental entity must:
1343	(a)  Accept the recommendation of the special magistrate
1344	master as submitted and proceed to implement it by development
1345	agreement, when appropriate, or by other method, in the ordinary
1346	course and consistent with the rules and procedures of that
1347	governmental entity. However, the decision of the governmental
1348	entity to accept the recommendation of the special magistrate
1349	master with respect to granting a modification, variance, or
1350	special exception to the application of statutes, rules,
1351	regulations, or ordinances as they would otherwise apply to the
1352	subject property does not require an owner to duplicate previous
1353	processes in which the owner has participated in order to
1354	effectuate the granting of the modification, variance, or
1355	special exception;
1356	(b)  Modify the recommendation as submitted by the special
1357	magistrate master and proceed to implement it by development
1358	agreement, when appropriate, or by other method, in the ordinary
1359	course and consistent with the rules and procedures of that
1360	governmental entity; or
1361	(c)  Reject the recommendation as submitted by the special
1362	magistrate master. Failure to act within 45 days is a rejection
1363	unless the period is extended by agreement of the owner and
1364	issuer of the development order or enforcement action.
1365	(22)  If a governmental entity accepts the special
1366	magistrate's master's recommendation or modifies it and the
1367	owner rejects the acceptance or modification, or if a
1368	governmental entity rejects the special magistrate's master's
1369	recommendation, the governmental entity must issue a written
1370	decision within 30 days that describes as specifically as
1371	possible the use or uses available to the subject real property.
1372	(23)  The procedure established by this section may not
1373	continue longer than 165 days, unless the period is extended by
1374	agreement of the parties. A decision describing available uses
1375	constitutes the last prerequisite to judicial action and the
1376	matter is ripe or final for subsequent judicial proceedings
1377	unless the owner initiates a proceeding under ss. 120.569 and
1378	120.57. If the owner brings a proceeding under ss. 120.569 and
1379	120.57, the matter is ripe when the proceeding culminates in a
1380	final order whether further appeal is available or not.
1381	(24)  The procedure created by this section is not itself,
1382	nor does it create, a judicial cause of action. Once the
1383	governmental entity acts on the special magistrate's master's
1384	recommendation, the owner may elect to file suit in a court of
1385	competent jurisdiction. Invoking the procedures of this section
1386	is not a condition precedent to filing a civil action.
1387	(25)  Regardless of the action the governmental entity
1388	takes on the special magistrate's master's recommendation, a
1389	recommendation that the development order or enforcement action,
1390	or the development order or enforcement action in combination
1391	with other governmental regulatory actions, is unreasonable or
1392	unfairly burdens use of the owner's real property may serve as
1393	an indication of sufficient hardship to support modification,
1394	variances, or special exceptions to the application of statutes,
1395	rules, regulations, or ordinances to the subject property.
1396	(26)  A special magistrate's master's recommendation under
1397	this section constitutes data in support of, and a support
1398	document for, a comprehensive plan or comprehensive plan
1399	amendment, but is not, in and of itself, dispositive of a
1400	determination of compliance with chapter 163. Any comprehensive
1401	plan amendment necessary to carry out the approved
1402	recommendation of a special magistrate master under this section
1403	is exempt from the twice-a-year limit on plan amendments and may
1404	be adopted by the local government amendments in s.
1405	163.3184(16)(d).
1406	(27)  The special magistrate master shall send a copy of
1407	the recommendation in each case to the Department of Legal
1408	Affairs. Each governmental entity, within 15 days after its
1409	action on the special magistrate's master's recommendation,
1410	shall notify the Department of Legal Affairs in writing as to
1411	what action the governmental entity took on the special
1412	magistrate's master's recommendation.
1413	(28)  Each governmental entity may establish procedural
1414	guidelines to govern the conduct of proceedings authorized by
1415	this section, which must include, but are not limited to,
1416	payment of special magistrate master fees and expenses,
1417	including the costs of providing notice and effecting service of
1418	the request for relief under this section, which shall be borne
1419	equally by the governmental entities and the owner.
1420	(29)  This section shall be liberally construed to effect
1421	fully its obvious purposes and intent, and governmental entities
1422	shall direct all available resources and authorities to effect
1423	fully the obvious purposes and intent of this section in
1424	resolving disputes. Governmental entities are encouraged to
1425	expedite notice and time-related provisions to implement
1426	resolution of disputes under this section. The procedure
1427	established by this section may be used to resolve disputes in
1428	pending judicial proceedings, with the agreement of the parties
1429	to the judicial proceedings, and subject to the approval of the
1430	court in which the judicial proceedings are pending. The
1431	provisions of this section are cumulative, and do not supplant
1432	other methods agreed to by the parties and lawfully available
1433	for arbitration, mediation, or other forms of alternative
1434	dispute resolution.
1435	(30)  This section applies only to development orders
1436	issued, modified, or amended, or to enforcement actions issued,
1437	on or after October 1, 1995.
1438	Section 59.  Subsection (1) of section 92.142, Florida
1439	Statutes, is amended to read:
1440	92.142  Witnesses; pay.--
1441	(1)  Witnesses in all cases, civil and criminal, in all
1442	courts, now or hereafter created, and witnesses summoned before
1443	any arbitrator or general or special magistrate appointed by the
1444	court master in chancery shall receive for each day's actual
1445	attendance $5 and also 6 cents per mile for actual distance
1446	traveled to and from the courts. A witness in a criminal case
1447	required to appear in a county other than the county of his or
1448	her residence and residing more than 50 miles from the location
1449	of the trial shall be entitled to per diem and travel expenses
1450	at the same rate provided for state employees under s. 112.061,
1451	in lieu of any other witness fee at the discretion of the court.
1452	Section 60.  Section 112.41, Florida Statutes, is amended
1453	to read:
1454	112.41  Contents of order of suspension; Senate select
1455	committee; special magistrate examiner.--
1456	(1)  The order of the Governor, in suspending any officer
1457	pursuant to the provisions of  s. 7, Art. IV of the State
1458	Constitution, shall specify facts sufficient to advise both the
1459	officer and the Senate as to the charges made or the basis of
1460	the suspension.
1461	(2)  The Senate shall conduct a hearing in the manner
1462	prescribed by rules of the Senate adopted for this purpose.
1463	(3)  The Senate may provide for a select committee to be
1464	appointed by the Senate in accordance with its rules for the
1465	purpose of hearing the evidence and making its recommendation to
1466	the Senate as to the removal or reinstatement of the suspended
1467	officer.
1468	(4)  The Senate may, in lieu of the use of a select
1469	committee, appoint a special examiner or a special magistrate
1470	master to receive the evidence and make recommendations to the
1471	Senate.
1472	Section 61.  Section 112.43, Florida Statutes, is amended
1473	to read:
1474	112.43  Prosecution of suspension before Senate.--All
1475	suspensions heard by the Senate, a select committee, or special
1476	magistrate master, or examiner in accordance with rules of the
1477	Senate shall be prosecuted by the Governor, the Governor's legal
1478	staff, or an attorney designated by the Governor.  Should the
1479	Senate, or the select committee appointed by the Senate to hear
1480	the evidence and to make recommendations, desire private
1481	counsel, either the Senate or the select committee shall be
1482	entitled to employ its own counsel for this purpose. Nothing
1483	herein shall prevent the Senate or its select committee from
1484	making its own investigation and presenting such evidence as its
1485	investigation may reveal. The Governor may request the advice of
1486	the Department of Legal Affairs relative to the suspension order
1487	prior to its issuance by the Governor. Following the issuance of
1488	the suspension order, either the Senate or the select committee
1489	may request the Department of Legal Affairs to provide counsel
1490	for the Senate to advise on questions of law or otherwise advise
1491	with the Senate or the select committee, but the Department of
1492	Legal Affairs shall not be required to prosecute before the
1493	Senate or the committee and shall, pursuant to the terms of this
1494	section, act as the legal adviser only.
1495	Section 62.  Section 112.47, Florida Statutes, is amended
1496	to read:
1497	112.47  Hearing before Senate select committee;
1498	notice.--The Senate shall afford each suspended official a
1499	The Senate shall afford each suspended official a hearing before
1500	a select committee or special magistrate, master, or examiner,
1501	and shall notify such suspended official of the time and place
1502	of the hearing sufficiently in advance thereof to afford such
1503	official an opportunity fully and adequately to prepare such
1504	defenses as the official may be advised are necessary and
1505	proper, and all such defenses may be presented by the official
1506	or by the official's attorney. In the furtherance of this
1507	provision the Senate shall adopt sufficient procedural rules to
1508	afford due process both to the Governor in the presentation of
1509	his or her evidence and to the suspended official, but in the
1510	absence of such adoption, this section shall afford a full and
1511	complete hearing, public in nature, as required by the State
1512	Constitution. However, nothing in this part shall prevent either
1513	the select committee or the Senate from conducting portions of
1514	the hearing in executive session if the Senate rules so provide.
1515	Section 63.  Subsection (2) of section 162.03, Florida
1516	Statutes, is amended to read:
1517	162.03  Applicability.--
1518	(2)  A charter county, a noncharter county, or a
1519	municipality may, by ordinance, adopt an alternate code
1520	enforcement system that which gives code enforcement boards or
1521	special magistrates masters designated by the local governing
1522	body, or both, the authority to hold hearings and assess fines
1523	against violators of the respective county or municipal codes
1524	and ordinances. A special magistrate master shall have the same
1525	status as an enforcement board under this chapter. References in
1526	this chapter to an enforcement board, except in s. 162.05, shall
1527	include a special magistrate master if the context permits.
1528	Section 64.  Subsection (5) of section 162.06, Florida
1529	Statutes, is amended to read:
1530	162.06  Enforcement procedure.--
1531	(5)  If the owner of property that which is subject to an
1532	enforcement proceeding before an enforcement board, special
1533	magistrate master, or court transfers ownership of such property
1534	between the time the initial pleading was served and the time of
1535	the hearing, such owner shall:
1536	(a)  Disclose, in writing, the existence and the nature of
1537	the proceeding to the prospective transferee.
1538	(b)  Deliver to the prospective transferee a copy of the
1539	pleadings, notices, and other materials relating to the code
1540	enforcement proceeding received by the transferor.
1541	(c)  Disclose, in writing, to the prospective transferee
1542	that the new owner will be responsible for compliance with the
1543	applicable code and with orders issued in the code enforcement
1544	proceeding.
1545	(d)  File a notice with the code enforcement official of
1546	the transfer of the property, with the identity and address of
1547	the new owner and copies of the disclosures made to the new
1548	owner, within 5 days after the date of the transfer.
1549
1550	A failure to make the disclosures described in paragraphs (a),
1551	(b), and (c) before the transfer creates a rebuttable
1552	presumption of fraud. If the property is transferred before the
1553	hearing, the proceeding shall not be dismissed, but the new
1554	owner shall be provided a reasonable period of time to correct
1555	the violation before the hearing is held.
1556	Section 65.  Paragraph (d) of subsection (2) of section
1557	162.09, Florida Statutes, is amended to read:
1558	162.09  Administrative fines; costs of repair; liens.--
1559	(2)
1560	(d)  A county or a municipality having a population equal
1561	to or greater than 50,000 may adopt, by a vote of at least a
1562	majority plus one of the entire governing body of the county or
1563	municipality, an ordinance that gives code enforcement boards or
1564	special magistrates masters, or both, authority to impose fines
1565	in excess of the limits set forth in paragraph(a). Such fines
1566	shall not exceed $1,000 per day per violation for a first
1567	violation, $5,000 per day per violation for a repeat violation,
1568	and up to $15,000 per violation if the code enforcement board or
1569	special magistrate master finds the violation to be irreparable
1570	or irreversible in nature. In addition to such fines, a code
1571	enforcement board or special magistrate master may impose
1572	additional fines to cover all costs incurred by the local
1573	government in enforcing its codes and all costs of repairs
1574	pursuant to subsection (1). Any ordinance imposing such fines
1575	shall include criteria to be considered by the code enforcement
1576	board or special magistrate master in determining the amount of
1577	the fines, including, but not limited to, those factors set
1578	forth in paragraph (b).
1579	Section 66.  Section 173.09, Florida Statutes, is amended
1580	to read:
1581	173.09  Judgment for complainant; special magistrate's
1582	master's sale; complainant may purchase and later sell.--
1583	(1)  Any such decree shall direct the special magistrate
1584	master thereby appointed to sell the several parcels of land
1585	separately to the highest and best bidder for cash (or, at the
1586	option of complainant, to the extent of special assessments
1587	included in such judgment, for bonds or interest coupons issued
1588	by complainant), at public outcry at the courthouse door of the
1589	county in which such suit is pending, or at such point or place
1590	in the complainant municipality as the court in such final
1591	decree may direct, after having advertised such sale (which
1592	advertisement may include all lands so ordered sold) once each
1593	week for 2 consecutive weeks in some newspaper published in the
1594	city or town in which is the complainant is situated or, if
1595	there is no such newspaper, in a newspaper published in the
1596	county in which the suit is pending, and if all the lands so
1597	advertised for sale be not sold on the day specified in such
1598	advertisement, such sale shall be continued from day to day
1599	until the sale of all such land is completed.
1600	(2)  Such sales shall be subject to confirmation by the
1601	court, and the said special magistrate master shall, upon
1602	confirmation of the sale or sales, deliver to the purchaser or
1603	purchasers at said sale a deed of conveyance of the property so
1604	sold; provided, however, that in any case where any lands are
1605	offered for sale by the special magistrate master and the sum of
1606	the tax, tax certificates and special assessments, interest,
1607	penalty, costs, and attorney's fee is not bid for the same, the
1608	complainant may bid the whole amount due and the special
1609	magistrate master shall thereupon convey such parcel or parcels
1610	of land to the complainant.
1611	(3)  The property so bid in by complainant shall become its
1612	property in fee simple and may be disposed of by it in the
1613	manner provided by law, except that in the sale or disposition
1614	of any such lands the city or town may, in its discretion,
1615	accept in payment or part payment therefor any bonds or interest
1616	coupons constituting liabilities of said city or town.
1617	Section 67.  Section 173.10, Florida Statutes, is amended
1618	to read:
1619	173.10  Judgment for complainant; court may order payment
1620	of other taxes or sale subject to taxes; special magistrate's
1621	master's conveyances.--
1622	(1)  In the judgment or decree the court may, in its
1623	discretion, direct the payment of all unpaid state and county
1624	taxes and also all unpaid city or town taxes and special
1625	assessments or installments thereof, imposed or falling due
1626	since the institution of the suit, with the penalties and costs,
1627	out of the proceeds of such foreclosure sale, or it may order
1628	and direct such sale or sales to be made subject to such state,
1629	and county, and city or town taxes and special assessments.
1630	(2)  Any and all conveyances by the special magistrate
1631	master shall vest in the purchaser the fee simple title to the
1632	property so sold, subject only to such liens for state and
1633	county taxes or taxing districts whose liens are of equal
1634	dignity, and liens for municipal taxes and special assessments,
1635	or installments thereof, as are not directed by the decree of
1636	sale to be paid out of the proceeds of said sale.
1637	Section 68.  Section 173.11, Florida Statutes, is amended
1638	to read:
1639	173.11  Distribution of proceeds of sale.--The proceeds of
1640	any foreclosure sale authorized by this chapter shall be
1641	distributed by the special magistrate master conducting the sale
1642	according to the final decree, and if any surplus remains after
1643	the payment of the full amount of the decree, costs and
1644	attorney's fees, and any subsequent tax liens that which may be
1645	directed by such decree to be paid from the proceeds of sale,
1646	such surplus shall be deposited with the clerk of the court and
1647	disbursed under order of the court.
1648	Section 69.  Section 173.12, Florida Statutes, is amended
1649	to read:
1650	173.12  Lands may be redeemed prior to sale.--Any person
1651	interested in any lands included in the suit may redeem such
1652	lands at any time prior to the sale thereof by the special
1653	magistrate master by paying into the registry of the court the
1654	amount due for delinquent taxes, interest and penalties thereon,
1655	and such proportionate part of the expense, attorney's fees, and
1656	costs of suit as may have been fixed by the court in its decree
1657	of sale, or by written stipulation of complainant, and thereupon
1658	such lands shall be dismissed from the cause.
1659	Section 70.  Subsection (1) of section 194.013, Florida
1660	Statutes, is amended to read:
1661	194.013  Filing fees for petitions; disposition; waiver.--
1662	(1)  If so required by resolution of the value adjustment
1663	board, a petition filed pursuant to s. 194.011 shall be
1664	accompanied by a filing fee to be paid to the clerk of the value
1665	adjustment board in an amount determined by the board not to
1666	exceed $15 for each separate parcel of property, real or
1667	personal, covered by the petition and subject to appeal.
1668	However, no such filing fee may be required with respect to an
1669	appeal from the disapproval of homestead exemption under s.
1670	196.151 or from the denial of tax deferral under s. 197.253.
1671	Only a single filing fee shall be charged under this section as
1672	to any particular parcel of property despite the existence of
1673	multiple issues and hearings pertaining to such parcel. For
1674	joint petitions filed pursuant to s. 194.011(3)(e) or (f), a
1675	single filing fee shall be charged. Such fee shall be calculated
1676	as the cost of the special magistrate master for the time
1677	involved in hearing the joint petition and shall not exceed $5
1678	per parcel. Said fee is to be proportionately paid by affected
1679	parcel owners.
1680	Section 71.  Paragraph (d) of subsection (1) and
1681	subsections (2) and (6) of section 194.034, Florida Statutes,
1682	are amended to read:
1683	194.034  Hearing procedures; rules.--
1684	(1)
1685	(d)  Notwithstanding the provisions of this subsection, no
1686	petitioner may present for consideration, nor may a board or
1687	special magistrate master accept for consideration, testimony or
1688	other evidentiary materials that were requested of the
1689	petitioner in writing by the property appraiser of which the
1690	petitioner had knowledge and denied to the property appraiser.
1691	(2)  In each case, except when a complaint is withdrawn by
1692	the petitioner or is acknowledged as correct by the property
1693	appraiser, the value adjustment board shall render a written
1694	decision.  All such decisions shall be issued within 20 calendar
1695	days of the last day the board is in session under s. 194.032.
1696	The decision of the board shall contain findings of fact and
1697	conclusions of law and shall include reasons for upholding or
1698	overturning the determination of the property appraiser. When a
1699	special magistrate master has been appointed, the
1700	recommendations of the special magistrate master shall be
1701	considered by the board. The clerk, upon issuance of the
1702	decisions, shall, on a form provided by the Department of
1703	Revenue, notify by first-class mail each taxpayer, the property
1704	appraiser, and the department of the decision of the board.
1705	(6)  For purposes of hearing joint petitions filed pursuant
1706	to s. 194.011(3)(e), each included parcel shall be considered by
1707	the board as a separate petition. Such separate petitions shall
1708	be heard consecutively by the board. If a special magistrate
1709	master is appointed, such separate petitions shall all be
1710	assigned to the same special magistrate master.
1711	Section 72.  Section 194.035, Florida Statutes, is amended
1712	to read:
1713	194.035  Special magistrates masters; property
1714	evaluators.--
1715	(1)  In counties having a population of more than 75,000,
1716	the board shall appoint special magistrates masters for the
1717	purpose of taking testimony and making recommendations to the
1718	board, which recommendations the board may act upon without
1719	further hearing. These Such special magistrates masters may not
1720	be elected or appointed officials or employees of the county but
1721	shall be selected from a list of those qualified individuals who
1722	are willing to serve as special magistrates masters. Employees
1723	and elected or appointed officials of a taxing jurisdiction or
1724	of the state may not serve as special magistrates masters. The
1725	clerk of the board shall annually notify such individuals or
1726	their professional associations to make known to them that
1727	opportunities to serve as special magistrates masters exist. The
1728	Department of Revenue shall provide a list of qualified special
1729	magistrates masters to any county with a population of 75,000 or
1730	less. Subject to appropriation, the department shall reimburse
1731	counties with a population of 75,000 or less for payments made
1732	to special magistrates masters appointed for the purpose of
1733	taking testimony and making recommendations to the value
1734	adjustment board pursuant to this section. The department shall
1735	establish a reasonable range for payments per case to special
1736	magistrates masters based on such payments in other counties.
1737	Requests for reimbursement of payments outside this range shall
1738	be justified by the county. If the total of all requests for
1739	reimbursement in any year exceeds the amount available pursuant
1740	to this section, payments to all counties shall be prorated
1741	accordingly. A special magistrate master appointed to hear
1742	issues of exemptions and classifications shall be a member of
1743	The Florida Bar with no less than 5 years' experience in the
1744	area of ad valorem taxation. A special magistrate master
1745	appointed to hear issues regarding the valuation of real estate
1746	shall be a state certified real estate appraiser with not less
1747	than 5 years' experience in real property valuation. A special
1748	magistrate master appointed to hear issues regarding the
1749	valuation of tangible personal property shall be a designated
1750	member of a nationally recognized appraiser's organization with
1751	not less than 5 years' experience in tangible personal property
1752	valuation. A special magistrate master need not be a resident of
1753	the county in which he or she serves. A No special magistrate
1754	may not master shall be permitted to represent a person before
1755	the board in any tax year during which he or she has served that
1756	board as a special magistrate master. The board shall appoint
1757	special magistrates such masters from the list so compiled prior
1758	to convening of the board. The expense of hearings before
1759	special magistrates masters and any compensation of special
1760	magistrates masters shall be borne three-fifths by the board of
1761	county commissioners and two-fifths by the school board.
1762	(2)  The value adjustment board of each county may employ
1763	qualified property appraisers or evaluators to appear before the
1764	value adjustment board at that meeting of the board which is
1765	held for the purpose of hearing complaints. Such property
1766	appraisers or evaluators shall present testimony as to the just
1767	value of any property the value of which is contested before the
1768	board and shall submit to examination by the board, the
1769	taxpayer, and the property appraiser.
1770	Section 73.  Section 206.16, Florida Statutes, is amended
1771	to read:
1772	206.16  Officer selling property.--
1773	(1)  No sheriff, receiver, assignee, general or special
1774	magistrate master, or other officer shall sell the property or
1775	franchise of any person for failure to pay fuel taxes,
1776	penalties, or interest without first filing with the department
1777	a statement containing the following information:
1778	(a)  The name of the plaintiff or party at whose instance
1779	or upon whose account the sale is made;
1780	(b)  The name of the person whose property or franchise is
1781	to be sold;
1782	(c)  The time and place of sale; and
1783	(d)  The nature of the property and the location of the
1784	same.
1785	(2)  The department, after receiving notice as aforesaid,
1786	shall furnish to the sheriff, receiver, trustee, assignee,
1787	general or special magistrate master, or other officer having
1788	charge of the sale a certified copy or copies of all fuel taxes,
1789	penalties, and interest on file in the office of the department
1790	as liens against such person, and, in the event there are no
1791	such liens, a certificate showing that fact, which certified
1792	copies or copy of certificate shall be publicly read by such
1793	officer at and immediately before the sale of the property or
1794	franchise of such person.
1795	Section 74.  Section 207.016, Florida Statutes, is amended
1796	to read:
1797	207.016  Officer's sale of property or franchise.--
1798	(1)  No sheriff, receiver, assignee, general or special
1799	magistrate master, or other officer shall sell the property or
1800	franchise of any person for failure to pay taxes, penalties, or
1801	interest without first filing with the department a statement
1802	containing the following information:
1803	(a)  The name of the plaintiff or party at whose instance
1804	or upon whose account the sale is made.
1805	(b)  The name of the person whose property or franchise is
1806	to be sold.
1807	(c)  The time and place of sale.
1808	(d)  The nature of the property and the location of the
1809	same.
1810	(2)  The department, after receiving notice as provided in
1811	subsection (1), shall furnish to the sheriff, receiver, trustee,
1812	assignee, general or special magistrate master, or other officer
1813	having charge of the sale a certified copy or copies of all
1814	taxes, penalties, and interest on file in the office of the
1815	department as liens against such person and, in the event there
1816	are no such liens, a certificate showing that fact, which
1817	certified copy or copies of certificate shall be publicly read
1818	by such officer at and immediately before the sale of the
1819	property or franchise of such person.
1820	Section 75.  Section 320.411, Florida Statutes, is amended
1821	to read:
1822	320.411  Officer's sale of property or franchise.--
1823	(1)  No sheriff, receiver, assignee, general or special
1824	magistrate master, or other officer shall sell the property or
1825	franchise of any motor carrier for failure to pay taxes,
1826	penalties, or interest without first filing with the department
1827	a statement containing the following information:
1828	(a)  The name of the plaintiff or party at whose instance
1829	or upon whose account the sale is made.
1830	(b)  The name of the motor carrier whose property or
1831	franchise is to be sold.
1832	(c)  The time and place of sale.
1833	(d)  The nature of the property and the location of the
1834	same.
1835	(2)  The department, after receiving notice as provided in
1836	subsection (1), shall furnish to the sheriff, receiver, trustee,
1837	assignee, general or special magistrate master, or other officer
1838	having charge of the sale a certified copy of all taxes,
1839	penalties, and interest on file in the office of the department
1840	as liens against such motor carrier and, in the event there are
1841	no such liens, a certificate showing that fact, which certified
1842	copy or copies of certificate shall be publicly read by such
1843	officer at and immediately before the sale of the property or
1844	franchise of such motor carrier.
1845	Section 76.  Subsection (7) of section 393.11, Florida
1846	Statutes, is amended to read:
1847	393.11  Involuntary admission to residential services.--
1848	(7)  HEARING.--
1849	(a)  The hearing for involuntary admission shall be
1850	conducted, and the order shall be entered, in the county in
1851	which the person is residing or be as convenient to the person
1852	as may be consistent with orderly procedure. The hearing shall
1853	be conducted in a physical setting not likely to be injurious to
1854	the person's condition.
1855	(b)  A hearing on the petition shall be held as soon as
1856	practicable after the petition is filed, but reasonable delay
1857	for the purpose of investigation, discovery, or procuring
1858	counsel or witnesses shall be granted.
1859	(c)  The court may appoint a general or special magistrate
1860	master to preside. Except as otherwise specified, the
1861	magistrate's master's proceeding shall be governed by Rule
1862	1.490, Florida Rules of Civil Procedure.
1863	(d)  The person with mental retardation shall be physically
1864	present throughout the entire proceeding. If the person's
1865	attorney believes that the person's presence at the hearing is
1866	not in the person's best interest, the person's presence may be
1867	waived once the court has seen the person and the hearing has
1868	commenced.
1869	(e)  The person shall have the right to present evidence
1870	and to cross-examine all witnesses and other evidence alleging
1871	the appropriateness of the person's admission to residential
1872	care. Other relevant and material evidence regarding the
1873	appropriateness of the person's admission to residential
1874	services; the most appropriate, least restrictive residential
1875	placement; and the appropriate care, treatment, and habilitation
1876	of the person, including written or oral reports, may be
1877	introduced at the hearing by any interested person.
1878	(f)  The petitioning commission may be represented by
1879	counsel at the hearing. The petitioning commission shall have
1880	the right to call witnesses, present evidence, cross-examine
1881	witnesses, and present argument on behalf of the petitioning
1882	commission.
1883	(g)  All evidence shall be presented according to chapter
1884	90.  The burden of proof shall be on the party alleging the
1885	appropriateness of the person's admission to residential
1886	services. The burden of proof shall be by clear and convincing
1887	evidence.
1888	(h)  All stages of each proceeding shall be
1889	stenographically reported.
1890	Section 77.  Subsections (6) and (7) of section 394.467,
1891	Florida Statutes, are amended to read:
1892	394.467  Involuntary placement.--
1893	(6)  HEARING ON INVOLUNTARY PLACEMENT.--
1894	(a)1.  The court shall hold the hearing on involuntary
1895	placement within 5 days, unless a continuance is granted. The
1896	hearing shall be held in the county where the patient is located
1897	and shall be as convenient to the patient as may be consistent
1898	with orderly procedure and shall be conducted in physical
1899	settings not likely to be injurious to the patient's condition.
1900	If the court finds that the patient's attendance at the hearing
1901	is not consistent with the best interests of the patient, and
1902	the patient's counsel does not object, the court may waive the
1903	presence of the patient from all or any portion of the hearing.
1904	The state attorney for the circuit in which the patient is
1905	located shall represent the state, rather than the petitioning
1906	facility administrator, as the real party in interest in the
1907	proceeding.
1908	2.  The court may appoint a general or special magistrate
1909	master to preside at the hearing. One of the professionals who
1910	executed the involuntary placement certificate shall be a
1911	witness. The patient and the patient's guardian or
1912	representative shall be informed by the court of the right to an
1913	independent expert examination. If the patient cannot afford
1914	such an examination, the court shall provide for one. The
1915	independent expert's report shall be confidential and not
1916	discoverable, unless the expert is to be called as a witness for
1917	the patient at the hearing. The testimony in the hearing must be
1918	given under oath, and the proceedings must be recorded. The
1919	patient may refuse to testify at the hearing.
1920	(b)  If the court concludes that the patient meets the
1921	criteria for involuntary placement, it shall order that the
1922	patient be transferred to a treatment facility or, if the
1923	patient is at a treatment facility, that the patient be retained
1924	there or be treated at any other appropriate receiving or
1925	treatment facility, or that the patient receive services from a
1926	receiving or treatment facility, on an involuntary basis, for a
1927	period of up to 6 months. The order shall specify the nature and
1928	extent of the patient's mental illness. The facility shall
1929	discharge a patient any time the patient no longer meets the
1930	criteria for involuntary placement, unless the patient has
1931	transferred to voluntary status.
1932	(c)  If at any time prior to the conclusion of the hearing
1933	on involuntary placement it appears to the court that the person
1934	does not meet the criteria for involuntary placement under this
1935	chapter, but instead meets the criteria for involuntary
1936	assessment, protective custody, or involuntary admission
1937	pursuant to s. 397.675, then the court may order the person to
1938	be admitted for involuntary assessment for a period of 5 days
1939	pursuant to s. 397.6811. Thereafter, all proceedings shall be
1940	governed by chapter 397.
1941	(d)  At the hearing on involuntary placement, the court
1942	shall consider testimony and evidence regarding the patient's
1943	competence to consent to treatment. If the court finds that the
1944	patient is incompetent to consent to treatment, it shall appoint
1945	a guardian advocate as provided in s. 394.4598.
1946	(e)  The administrator of the receiving facility shall
1947	provide a copy of the court order and adequate documentation of
1948	a patient's mental illness to the administrator of a treatment
1949	facility whenever a patient is ordered for involuntary
1950	placement, whether by civil or criminal court. Such
1951	documentation shall include any advance directives made by the
1952	patient, a psychiatric evaluation of the patient, and any
1953	evaluations of the patient performed by a clinical psychologist
1954	or a clinical social worker. The administrator of a treatment
1955	facility may refuse admission to any patient directed to its
1956	facilities on an involuntary basis, whether by civil or criminal
1957	court order, who is not accompanied at the same time by adequate
1958	orders and documentation.
1959	(7)  PROCEDURE FOR CONTINUED INVOLUNTARY PLACEMENT.--
1960	(a)  Hearings on petitions for continued involuntary
1961	placement shall be administrative hearings and shall be
1962	conducted in accordance with the provisions of s. 120.57(1),
1963	except that any order entered by the administrative law judge
1964	hearing officer shall be final and subject to judicial review in
1965	accordance with s. 120.68. Orders concerning patients committed
1966	after successfully pleading not guilty by reason of insanity
1967	shall be governed by the provisions of s. 916.15.
1968	(b)  If the patient continues to meet the criteria for
1969	involuntary placement, the administrator shall, prior to the
1970	expiration of the period during which the treatment facility is
1971	authorized to retain the patient, file a petition requesting
1972	authorization for continued involuntary placement. The request
1973	shall be accompanied by a statement from the patient's physician
1974	or clinical psychologist justifying the request, a brief
1975	description of the patient's treatment during the time he or she
1976	was involuntarily placed, and an individualized plan of
1977	continued treatment. Notice of the hearing shall be provided as
1978	set forth in s. 394.4599. If at the hearing the administrative
1979	law judge hearing officer finds that attendance at the hearing
1980	is not consistent with the best interests of the patient, the
1981	administrative law judge hearing officer may waive the presence
1982	of the patient from all or any portion of the hearing, unless
1983	the patient, through counsel, objects to the waiver of presence.
1984	The testimony in the hearing must be under oath, and the
1985	proceedings must be recorded.
1986	(c)  Unless the patient is otherwise represented or is
1987	ineligible, he or she shall be represented at the hearing on the
1988	petition for continued involuntary placement by the public
1989	defender of the circuit in which the facility is located.
1990	(d)  If at a hearing it is shown that the patient continues
1991	to meet the criteria for involuntary placement, the
1992	administrative law judge shall sign the order for continued
1993	involuntary placement for a period not to exceed 6 months. The
1994	same procedure shall be repeated prior to the expiration of each
1995	additional period the patient is retained.
1996	(e)  If continued involuntary placement is necessary for a
1997	patient admitted while serving a criminal sentence, but whose
1998	sentence is about to expire, or for a patient involuntarily
1999	placed while a minor but who is about to reach the age of 18,
2000	the administrator shall petition the administrative law judge
2001	for an order authorizing continued involuntary placement.
2002	(f)  If the patient has been previously found incompetent
2003	to consent to treatment, the administrative law judge hearing
2004	officer shall consider testimony and evidence regarding the
2005	patient's competence. If the administrative law judge hearing
2006	officer finds evidence that the patient is now competent to
2007	consent to treatment, the administrative law judge hearing
2008	officer may issue a recommended order to the court that found
2009	the patient incompetent to consent to treatment that the
2010	patient's competence be restored and that any guardian advocate
2011	previously appointed be discharged.
2012	Section 78.  Subsection (7) of section 397.311, Florida
2013	Statutes, is amended to read:
2014	397.311  Definitions.--As used in this chapter, except part
2015	VIII:
2016	(7)  "Court" means, with respect to all involuntary
2017	proceedings under this chapter, the circuit court of the county
2018	in which the judicial proceeding is pending or where the
2019	substance abuse impaired person resides or is located, and
2020	includes any general or special magistrate master that may be
2021	appointed by the chief judge to preside over all or part of such
2022	proceeding. Otherwise, "court" refers to the court of legal
2023	jurisdiction in the context in which the term is used in this
2024	chapter.
2025	Section 79.  Subsection (1) of section 397.681, Florida
2026	Statutes, is amended to read:
2027	397.681  Involuntary petitions; general provisions; court
2028	jurisdiction and right to counsel.--
2029	(1)  JURISDICTION.--The courts have jurisdiction of
2030	involuntary assessment and stabilization petitions and
2031	involuntary treatment petitions for substance abuse impaired
2032	persons, and such petitions must be filed with the clerk of the
2033	court in the county where the person is located. The chief judge
2034	may appoint a general or special magistrate master to preside
2035	over all or part of the proceedings. The alleged impaired person
2036	is named as the respondent.
2037	Section 80.  Subsection (5) of section 447.207, Florida
2038	Statutes, is amended to read:
2039	447.207  Commission; powers and duties.--
2040	(5)  The commission shall adopt rules as to the
2041	qualifications of persons who may serve as mediators and special
2042	magistrates masters and shall maintain lists of such qualified
2043	persons who are not employees of the commission. The commission
2044	may initiate dispute resolution procedures by special
2045	magistrates masters, pursuant to the provisions of this part.
2046	Section 81.  Subsections (2), (3), and (4) of section
2047	447.403, Florida Statutes, are amended to read:
2048	447.403  Resolution of impasses.--
2049	(2)(a)  If no mediator is appointed, or upon the request of
2050	either party, the commission shall appoint, and submit all
2051	unresolved issues to, a special magistrate master acceptable to
2052	both parties. If the parties are unable to agree on the
2053	appointment of a special magistrate master, the commission shall
2054	appoint, in its discretion, a qualified special magistrate
2055	master. However, if the parties agree in writing to waive the
2056	appointment of a special magistrate master, the parties may
2057	proceed directly to resolution of the impasse by the legislative
2058	body pursuant to paragraph (4)(d). Nothing in this section
2059	precludes the parties from using the services of a mediator at
2060	any time during the conduct of collective bargaining.
2061	(b)  If the Governor is the public employer, no special
2062	magistrate master shall be appointed. The parties may proceed
2063	directly to the Legislature for resolution of the impasse
2064	pursuant to paragraph (4)(d).
2065	(3)  The special magistrate master shall hold hearings in
2066	order to define the area or areas of dispute, to determine facts
2067	relating to the dispute, and to render a decision on any and all
2068	unresolved contract issues. The hearings shall be held at times,
2069	dates, and places to be established by the special magistrate
2070	master in accordance with rules promulgated by the commission.
2071	The special magistrate master shall be empowered to administer
2072	oaths and issue subpoenas on behalf of the parties to the
2073	dispute or on his or her own behalf. Within 15 calendar days
2074	after the close of the final hearing, the special magistrate
2075	master shall transmit his or her recommended decision to the
2076	commission and to the representatives of both parties by
2077	registered mail, return receipt requested. Such recommended
2078	decision shall be discussed by the parties, and each
2079	recommendation of the special magistrate master shall be deemed
2080	approved by both parties unless specifically rejected by either
2081	party by written notice filed with the commission within 20
2082	calendar days after the date the party received the special
2083	magistrate's master's recommended decision.  The written notice
2084	shall include a statement of the cause for each rejection and
2085	shall be served upon the other party.
2086	(4)  If either the public employer or the employee
2087	organization does not accept, in whole or in part, the
2088	recommended decision of the special magistrate master:
2089	(a)  The chief executive officer of the governmental entity
2090	involved shall, within 10 days after rejection of a
2091	recommendation of the special magistrate master, submit to the
2092	legislative body of the governmental entity involved a copy of
2093	the findings of fact and recommended decision of the special
2094	magistrate master, together with the chief executive officer's
2095	recommendations for settling the disputed impasse issues. The
2096	chief executive officer shall also transmit his or her
2097	recommendations to the employee organization;
2098	(b)  The employee organization shall submit its
2099	recommendations for settling the disputed impasse issues to such
2100	legislative body and to the chief executive officer;
2101	(c)  The legislative body or a duly authorized committee
2102	thereof shall forthwith conduct a public hearing at which the
2103	parties shall be required to explain their positions with
2104	respect to the rejected recommendations of the special
2105	magistrate master;
2106	(d)  Thereafter, the legislative body shall take such
2107	action as it deems to be in the public interest, including the
2108	interest of the public employees involved, to resolve all
2109	disputed impasse issues; and
2110	(e)  Following the resolution of the disputed impasse
2111	issues by the legislative body, the parties shall reduce to
2112	writing an agreement which includes those issues agreed to by
2113	the parties and those disputed impasse issues resolved by the
2114	legislative body's action taken pursuant to paragraph(d). The
2115	agreement shall be signed by the chief executive officer and the
2116	bargaining agent and shall be submitted to the public employer
2117	and to the public employees who are members of the bargaining
2118	unit for ratification. If such agreement is not ratified by all
2119	parties, pursuant to the provisions of s. 447.309, the
2120	legislative body's action taken pursuant to the provisions of
2121	paragraph (d) shall take effect as of the date of such
2122	legislative body's action for the remainder of the first fiscal
2123	year which was the subject of negotiations; however, the
2124	legislative body's action shall not take effect with respect to
2125	those disputed impasse issues which establish the language of
2126	contractual provisions which could have no effect in the absence
2127	of a ratified agreement, including, but not limited to,
2128	preambles, recognition clauses, and duration clauses.
2129	Section 82.  Section 447.405, Florida Statutes, is amended
2130	to read:
2131	447.405  Factors to be considered by the special magistrate
2132	master.--The special magistrate master shall conduct the
2133	hearings and render recommended decisions with the objective of
2134	achieving a prompt, peaceful, and just settlement of disputes
2135	between the public employee organizations and the public
2136	employers. The factors, among others, to be given weight by the
2137	special magistrate master in arriving at a recommended decision
2138	shall include:
2139	(1)  Comparison of the annual income of employment of the
2140	public employees in question with the annual income of
2141	employment maintained for the same or similar work of employees
2142	exhibiting like or similar skills under the same or similar
2143	working conditions in the local operating area involved.
2144	(2)  Comparison of the annual income of employment of the
2145	public employees in question with the annual income of
2146	employment of public employees in similar public employee
2147	governmental bodies of comparable size within the state.
2148	(3)  The interest and welfare of the public.
2149	(4)  Comparison of peculiarities of employment in regard to
2150	other trades or professions, specifically with respect to:
2151	(a)  Hazards of employment.
2152	(b)  Physical qualifications.
2153	(c)  Educational qualifications.
2154	(d)  Intellectual qualifications.
2155	(e)  Job training and skills.
2156	(f)  Retirement plans.
2157	(g)  Sick leave.
2158	(h)  Job security.
2159	(5)  Availability of funds.
2160	Section 83.  Section 447.407, Florida Statutes, is amended
2161	to read:
2162	447.407  Compensation of mediator and special magistrate
2163	master; expenses.--The compensation of the mediator and special
2164	magistrate master, and all stenographic and other expenses,
2165	shall be borne equally by the parties.
2166	Section 84.  Section 447.409, Florida Statutes, is amended
2167	to read:
2168	447.409  Records.--All records that which are relevant to,
2169	or have a bearing upon, any issue or issues raised by the
2170	proceedings conducted by the special magistrate master shall be
2171	made available to the special magistrate master by a request in
2172	writing to any of the parties to the impasse proceedings. Notice
2173	of such request must shall be furnished to all parties. Any such
2174	records that which are made available to the special magistrate
2175	must master shall also be made available to any other party to
2176	the impasse proceedings, upon written request.
2177	Section 85.  Subsection (1) of section 475.011, Florida
2178	Statutes, is amended to read:
2179	475.011  Exemptions.--This part does not apply to:
2180	(1)  Any person acting as an attorney in fact for the
2181	purpose of the execution of contracts or conveyances only; as an
2182	attorney at law within the scope of her or his duties as such;
2183	as a certified public accountant, as defined in chapter 473,
2184	within the scope of her or his duties as such; as the personal
2185	representative, receiver, trustee, or general or special
2186	magistrate master under, or by virtue of, an appointment by will
2187	or by order of a court of competent jurisdiction; or as trustee
2188	under a deed of trust, or under a trust agreement, the ultimate
2189	purpose and intent whereof is charitable, is philanthropic, or
2190	provides for those having a natural right to the bounty of the
2191	donor or trustor.
2192	Section 86.  Paragraphs (d), (f), (g), (h), and (j) of
2193	subsection (5) of section 489.127, Florida Statutes, are amended
2194	to read:
2195	489.127  Prohibitions; penalties.--
2196	(5)  Each county or municipality may, at its option,
2197	designate one or more of its code enforcement officers, as
2198	defined in chapter 162, to enforce, as set out in this
2199	subsection, the provisions of subsection (1) and s. 489.132(1)
2200	against persons who engage in activity for which a county or
2201	municipal certificate of competency or license or state
2202	certification or registration is required.
2203	(d)  The act for which the citation is issued shall be
2204	ceased upon receipt of the citation; and the person charged with
2205	the violation shall elect either to correct the violation and
2206	pay the civil penalty in the manner indicated on the citation
2207	or, within 10 days of receipt of the citation, exclusive of
2208	weekends and legal holidays, request an administrative hearing
2209	before the enforcement or licensing board or designated special
2210	magistrate master to appeal the issuance of the citation by the
2211	code enforcement officer.
2212	1.  Hearings shall be held before an enforcement or
2213	licensing board or designated special magistrate master as
2214	established by s. 162.03(2), and such hearings shall be
2215	conducted pursuant to the requirements of ss. 162.07 and 162.08.
2216	2.  Failure of a violator to appeal the decision of the
2217	code enforcement officer within the time period set forth in
2218	this paragraph shall constitute a waiver of the violator's right
2219	to an administrative hearing. A waiver of the right to an
2220	administrative hearing shall be deemed an admission of the
2221	violation, and penalties may be imposed accordingly.
2222	3.  If the person issued the citation, or his or her
2223	designated representative, shows that the citation is invalid or
2224	that the violation has been corrected prior to appearing before
2225	the enforcement or licensing board or designated special
2226	magistrate master, the enforcement or licensing board or
2227	designated special magistrate master may dismiss the citation
2228	unless the violation is irreparable or irreversible.
2229	4.  Each day a willful, knowing violation continues shall
2230	constitute a separate offense under the provisions of this
2231	subsection.
2232	(f)  If the enforcement or licensing board or designated
2233	special magistrate master finds that a violation exists, the
2234	enforcement or licensing board or designated special magistrate
2235	master may order the violator to pay a civil penalty of not less
2236	than the amount set forth on the citation but not more than
2237	$1,000 per day for each violation. In determining the amount of
2238	the penalty, the enforcement or licensing board or designated
2239	special magistrate master shall consider the following factors:
2240	1.  The gravity of the violation.
2241	2.  Any actions taken by the violator to correct the
2242	violation.
2243	3.  Any previous violations committed by the violator.
2244	(g)  Upon written notification by the code enforcement
2245	officer that a violator had not contested the citation or paid
2246	the civil penalty within the timeframe allowed on the citation,
2247	or if a violation has not been corrected within the timeframe
2248	set forth on the notice of violation, the enforcement or
2249	licensing board or the designated special magistrate master
2250	shall enter an order ordering the violator to pay the civil
2251	penalty set forth on the citation or notice of violation, and a
2252	hearing shall not be necessary for the issuance of such order.
2253	(h)  A certified copy of an order imposing a civil penalty
2254	against an uncertified contractor may be recorded in the public
2255	records and thereafter shall constitute a lien against any real
2256	or personal property owned by the violator. Upon petition to the
2257	circuit court, such order may be enforced in the same manner as
2258	a court judgment by the sheriffs of this state, including a levy
2259	against personal property; however, such order shall not be
2260	deemed to be a court judgment except for enforcement purposes. A
2261	civil penalty imposed pursuant to this part shall continue to
2262	accrue until the violator comes into compliance or until
2263	judgment is rendered in a suit to foreclose on a lien filed
2264	pursuant to this subsection, whichever occurs first. After 3
2265	months from the filing of any such lien which remains unpaid,
2266	the enforcement board or licensing board or designated special
2267	magistrate master may authorize the local governing body's
2268	attorney to foreclose on the lien. No lien created pursuant to
2269	the provisions of this part may be foreclosed on real property
2270	which is a homestead under s. 4, Art. X of the State
2271	Constitution.
2272	(j)  An aggrieved party, including the local governing
2273	body, may appeal a final administrative order of an enforcement
2274	board or licensing board or designated special magistrate master
2275	to the circuit court. Such an appeal shall not be a hearing de
2276	novo but shall be limited to appellate review of the record
2277	created before the enforcement board or licensing board or
2278	designated special magistrate master. An appeal shall be filed
2279	within 30 days of the execution of the order to be appealed.
2280	Section 87.  Paragraphs (d), (f), (g), (h), and (j) of
2281	subsection (4) of section 489.531, Florida Statutes, are amended
2282	to read:
2283	489.531  Prohibitions; penalties.--
2284	(4)  Each county or municipality may, at its option,
2285	designate one or more of its code enforcement officers, as
2286	defined in chapter 162, to enforce, as set out in this
2287	subsection, the provisions of subsection (1) against persons who
2288	engage in activity for which county or municipal certification
2289	is required.
2290	(d)  The act for which the citation is issued shall be
2291	ceased upon receipt of the citation; and the person charged with
2292	the violation shall elect either to correct the violation and
2293	pay the civil penalty in the manner indicated on the citation
2294	or, within 10 days of receipt of the citation, exclusive of
2295	weekends and legal holidays, request an administrative hearing
2296	before the enforcement or licensing board or designated special
2297	magistrate master to appeal the issuance of the citation by the
2298	code enforcement officer.
2299	1.  Hearings shall be held before an enforcement or
2300	licensing board or designated special magistrate master as
2301	established by s. 162.03(2) and such hearings shall be conducted
2302	pursuant to ss. 162.07 and 162.08.
2303	2.  Failure of a violator to appeal the decision of the
2304	code enforcement officer within the time period set forth in
2305	this paragraph shall constitute a waiver of the violator's right
2306	to an administrative hearing. A waiver of the right to
2307	administrative hearing shall be deemed an admission of the
2308	violation and penalties may be imposed accordingly.
2309	3.  If the person issued the citation, or his or her
2310	designated representative, shows that the citation is invalid or
2311	that the violation has been corrected prior to appearing before
2312	the enforcement or licensing board or designated special
2313	magistrate master, the enforcement or licensing board or
2314	designated special magistrate master shall dismiss the citation
2315	unless the violation is irreparable or irreversible.
2316	4.  Each day a willful, knowing violation continues shall
2317	constitute a separate offense under the provisions of this
2318	subsection.
2319	(f)  If the enforcement or licensing board or designated
2320	special magistrate master finds that a violation exists, the
2321	enforcement or licensing board or designated special magistrate
2322	master may order the violator to pay a civil penalty of not less
2323	than the amount set forth on the citation but not more than $500
2324	per day for each violation. In determining the amount of the
2325	penalty, the enforcement or licensing board or designated
2326	special magistrate master shall consider the following factors:
2327	1.  The gravity of the violation.
2328	2.  Any actions taken by the violator to correct the
2329	violation.
2330	3.  Any previous violations committed by the violator.
2331	(g)  Upon written notification by the code enforcement
2332	officer that a violator had not contested the citation or paid
2333	the civil penalty within the timeframe allowed on the citation,
2334	or if a violation has not been corrected within the timeframe
2335	set forth on the notice of violation, the enforcement or
2336	licensing board or the designated special magistrate master
2337	shall enter an order ordering the violator to pay the civil
2338	penalty set forth on the citation or notice of violation, and a
2339	hearing shall not be necessary for the issuance of such order.
2340	(h)  A certified copy of an order imposing a civil penalty
2341	against an uncertified contractor may be recorded in the public
2342	records and thereafter shall constitute a lien against any real
2343	or personal property owned by the violator. Upon petition to the
2344	circuit court, such order may be enforced in the same manner as
2345	a court judgment by the sheriffs of this state, including a levy
2346	against personal property; however, such order shall not be
2347	deemed to be a court judgment except for enforcement purposes.
2348	A civil penalty imposed pursuant to this part shall continue to
2349	accrue until the violator comes into compliance or until
2350	judgment is rendered in a suit to foreclose on a lien filed
2351	pursuant to this section, whichever occurs first. After 3 months
2352	from the filing of any such lien which remains unpaid, the
2353	enforcement or licensing board or designated special magistrate
2354	master may authorize the local governing body's attorney to
2355	foreclose on the lien. No lien created pursuant to the
2356	provisions of this part may be foreclosed on real property which
2357	is a homestead under s. 4, Art. X of the State Constitution.
2358	(j)  An aggrieved party, including the local governing
2359	body, may appeal a final administrative order of an enforcement
2360	or licensing board or special designated special magistrate
2361	master to the circuit court. Such an appeal shall not be a
2362	hearing de novo but shall be limited to appellate review of the
2363	record created before the enforcement or licensing board or
2364	designated special magistrate master. An appeal shall be filed
2365	within 30 days of the execution of the order to be appealed.
2366	Section 88.  Subsection (1) of section 496.420, Florida
2367	Statutes, is amended to read:
2368	496.420  Civil remedies and enforcement.--
2369	(1)  In addition to other remedies authorized by law, the
2370	department may bring a civil action in circuit court to enforce
2371	ss. 496.401-496.424 or s. 496.426. Upon a finding that any
2372	person has violated any of these sections, a court may make any
2373	necessary order or enter a judgment including, but not limited
2374	to, a temporary or permanent injunction, a declaratory judgment,
2375	the appointment of a general or special magistrate master or
2376	receiver, the sequestration of assets, the reimbursement of
2377	persons from whom contributions have been unlawfully solicited,
2378	the distribution of contributions in accordance with the
2379	charitable or sponsor purpose expressed in the registration
2380	statement or in accordance with the representations made to the
2381	person solicited, the reimbursement of the department for
2382	investigative costs, attorney's fees and costs, and any other
2383	equitable relief the court finds appropriate. Upon a finding
2384	that any person has violated any provision of ss. 496.401-
2385	496.424 or s. 496.426 with actual knowledge or knowledge fairly
2386	implied on the basis of objective circumstances, a court may
2387	enter an order imposing a civil penalty in an amount not to
2388	exceed $10,000 per violation.
2389	Section 89.  Subsection (3) of section 501.207, Florida
2390	Statutes, is amended to read:
2391	501.207  Remedies of enforcing authority.--
2392	(3)  Upon motion of the enforcing authority or any
2393	interested party in any action brought under subsection (1), the
2394	court may make appropriate orders, including, but not limited
2395	to, appointment of a general or special magistrate master or
2396	receiver or sequestration or freezing of assets, to reimburse
2397	consumers or governmental entities found to have been damaged;
2398	to carry out a transaction in accordance with the reasonable
2399	expectations of consumers or governmental entities; to strike or
2400	limit the application of clauses of contracts to avoid an
2401	unconscionable result; to order any defendant to divest herself
2402	or himself of any interest in any enterprise, including real
2403	estate; to impose reasonable restrictions upon the future
2404	activities of any defendant to impede her or him from engaging
2405	in or establishing the same type of endeavor; to order the
2406	dissolution or reorganization of any enterprise; or to grant
2407	legal, equitable, or other appropriate relief. The court may
2408	assess the expenses of a general or special magistrate master or
2409	receiver against a person who has violated, is violating, or is
2410	otherwise likely to violate this part. Any injunctive order,
2411	whether temporary or permanent, issued by the court shall be
2412	effective throughout the state unless otherwise provided in the
2413	order.
2414	Section 90.  Section 501.618, Florida Statutes, is amended
2415	to read:
2416	501.618  General civil remedies.--The department may bring:
2417	(1)  An action to obtain a declaratory judgment that an act
2418	or practice violates the provisions of this part.
2419	(2)  An action to enjoin a person who has violated, is
2420	violating, or is otherwise likely to violate the provisions of
2421	this part.
2422	(3)  An action on behalf of one or more purchasers for the
2423	actual damages caused by an act or practice performed in
2424	violation of the provisions of this part. Such an action may
2425	include, but is not limited to, an action to recover against a
2426	bond, letter of credit, or certificate of deposit as otherwise
2427	provided in this part.
2428
2429	Upon motion of the enforcing authority in any action brought
2430	under this section, the court may make appropriate orders,
2431	including appointment of a general or special magistrate master
2432	or receiver or sequestration of assets, to reimburse consumers
2433	found to have been damaged, to carry out a consumer transaction
2434	in accordance with the consumer's reasonable expectations, or to
2435	grant other appropriate relief. The court may assess the
2436	expenses of a general or special magistrate master or receiver
2437	against a commercial telephone seller. Any injunctive order,
2438	whether temporary or permanent, issued by the court shall be
2439	effective throughout the state unless otherwise provided in the
2440	order.
2441	Section 91.  Subsection (6) of section 559.936, Florida
2442	Statutes, is amended to read:
2443	559.936  Civil penalties; remedies.--
2444	(6)  Upon motion of the department in any action brought
2445	under this part, the court may make appropriate orders,
2446	including appointment of a general or special magistrate master
2447	or receiver or sequestration of assets, to reimburse consumers
2448	found to have been damaged, to carry out a consumer transaction
2449	in accordance with the consumer's reasonable expectations, or to
2450	grant other appropriate relief.
2451	Section 92.  Subsection (1) of section 582.23, Florida
2452	Statutes, is amended to read:
2453	582.23  Performance of work under the regulations by the
2454	supervisors.--
2455	(1)  The supervisors may go upon any lands within the
2456	district to determine whether land use regulations adopted are
2457	being observed. Where the supervisors of any district shall find
2458	that any of the provisions of land use regulations adopted are
2459	not being observed on particular lands, and that such
2460	nonobservance tends to increase erosion on such lands and is
2461	interfering with the prevention or control of erosion on other
2462	lands within the district, the supervisors may present to the
2463	circuit court for the county or counties within which the lands
2464	of the defendant may lie, a petition, duly verified, setting
2465	forth the adoption of the land use regulations, the failure of
2466	the defendant landowner or occupier to observe such regulations,
2467	and to perform particular work, operations, or avoidances as
2468	required thereby, and that such nonobservance tends to increase
2469	erosion on such lands and is interfering with the prevention or
2470	control of erosion on other lands within the district, and
2471	praying the court to require the defendant to perform the work,
2472	operations, or avoidances within a reasonable time and to order
2473	that if the defendant shall fail so to perform the supervisors
2474	may go on the land, perform the work or other operations or
2475	otherwise bring the condition of such lands into conformity with
2476	the requirements of such regulations, and recover the costs and
2477	expenses thereof, with interest, from the owner of such land.
2478	Upon the presentation of such petition the court shall cause
2479	process to be issued against the defendant, and shall hear the
2480	case. If it shall appear to the court that testimony is
2481	necessary for the proper disposition of the matter, it may take
2482	evidence or appoint a special magistrate master to take such
2483	evidence as it may direct and report the same to the court
2484	within her or his findings of fact and conclusions of law, which
2485	shall constitute a part of the proceedings upon which the
2486	determination of the court shall be made.
2487	Section 93.  Subsection (2) of section 631.182, Florida
2488	Statutes, is amended to read:
2489	631.182  Receiver claims report and claimants objections
2490	procedure.--
2491	(2)  At the hearing, any interested person is entitled to
2492	appear. The hearing shall not be de novo but shall be limited to
2493	the record as described in s. 631.181(2). The court shall enter
2494	an order allowing, allowing in part, or disallowing the claim.
2495	Any such order is deemed to be an appealable order. In the
2496	interests of judicial economy, the court may appoint a special
2497	magistrate master to resolve objections or to perform any
2498	particular service required by the court. This subsection shall
2499	apply to receivership proceedings commencing prior to, or
2500	subsequent to, July 1, 1997.
2501	Section 94.  Subsections (3) and (4) of section 631.331,
2502	Florida Statutes, are amended to read:
2503	631.331  Assessment prima facie correct; notice; payment;
2504	proceeding to collect.--
2505	(3)  If any such member or subscriber fails to pay the
2506	assessment within the period specified in the notice, which
2507	period shall not be less than 20 days after mailing, the
2508	department may obtain an order in the delinquency proceeding
2509	requiring the member or subscriber to show cause at a time and
2510	place fixed by the court why judgment should not be entered
2511	against such member or subscriber for the amount of the
2512	assessment, together with all costs., and A copy of the order
2513	and a copy of the petition therefor shall be served upon the
2514	member or subscriber within the time and in the manner
2515	designated in the order.
2516	(4)  If the subscriber or member after due service of a
2517	copy of the order and petition referred to in subsection (3) is
2518	made upon her or him:
2519	(a)  Fails to appear at the time and place specified in the
2520	order, judgment shall be entered against her or him as prayed
2521	for in the petition; or
2522	(b)  Appears in the manner and form required by law in
2523	response to the order, the court shall hear and determine the
2524	matter and enter a judgment in accordance with its decision. In
2525	the interests of judicial economy, the court may appoint a
2526	special magistrate master to resolve objections or to perform
2527	any particular service required by the court. This paragraph
2528	shall apply to receivership proceedings commencing prior to, or
2529	subsequent to, July 1, 1997.
2530	Section 95.  Subsection (2) of section 633.052, Florida
2531	Statutes, is amended to read:
2532	633.052  Ordinances relating to firesafety; definitions;
2533	penalties.--
2534	(2)  A county or municipality that which has created a code
2535	enforcement board or special magistrate master system pursuant
2536	to chapter 162 may enforce firesafety code violations as
2537	provided in chapter 162. The governing body of a county or
2538	municipality which has not created a code enforcement board or
2539	special magistrate master system for firesafety under chapter
2540	162 is authorized to enact ordinances relating to firesafety
2541	codes, which ordinances shall provide:
2542	(a)  That a violation of such an ordinance is a civil
2543	infraction.
2544	(b)  A maximum civil penalty not to exceed $500.
2545	(c)  A civil penalty of less than the maximum civil penalty
2546	if the person who has committed the civil infraction does not
2547	contest the citation.
2548	(d)  For the issuance of a citation by an officer who has
2549	probable cause to believe that a person has committed a
2550	violation of an ordinance relating to firesafety.
2551	(e)  For the contesting of a citation in the county court.
2552	(f)  Such procedures and provisions necessary to implement
2553	any ordinances enacted under the authority of this section.
2554	Section 96.  Subsection (2) of section 744.369, Florida
2555	Statutes, is amended to read:
2556	744.369  Judicial review of guardianship reports.--
2557	(2)  The court may appoint general or special magistrates
2558	masters to assist the court in its review function. The court
2559	may require the general or special magistrate master to conduct
2560	random field audits.
2561	Section 97.  Subsection (11) of section 760.11, Florida
2562	Statutes, is amended to read:
2563	760.11  Administrative and civil remedies; construction.--
2564	(11)  If a complaint is within the jurisdiction of the
2565	commission, the commission shall simultaneously with its other
2566	statutory obligations attempt to eliminate or correct the
2567	alleged discrimination by informal methods of conference,
2568	conciliation, and persuasion. Nothing said or done in the course
2569	of such informal endeavors may be made public or used as
2570	evidence in a subsequent civil proceeding, trial, or hearing.
2571	The commission may initiate dispute resolution procedures,
2572	including voluntary arbitration, by special magistrates masters
2573	or mediators. The commission may adopt rules as to the
2574	qualifications of persons who may serve as special magistrates
2575	masters and mediators.
2576	Section 98.  Subsection (1) of section 837.011, Florida
2577	Statutes, is amended to read:
2578	837.011  Definitions.--In this chapter, unless a different
2579	meaning plainly is required:
2580	(1)  "Official proceeding" means a proceeding heard, or
2581	which may be or is required to be heard, before any legislative,
2582	judicial, administrative, or other governmental agency or
2583	official authorized to take evidence under oath, including any
2584	referee, general or special magistrate master in chancery,
2585	administrative law judge, hearing officer, hearing examiner,
2586	commissioner, notary, or other person taking testimony or a
2587	deposition in connection with any such proceeding.
2588	Section 99.  Subsection (6) of section 838.014, Florida
2589	Statutes, is amended to read:
2590	838.014  Definitions.--As used in this chapter, the term:
2591	(6)  "Public servant" means:
2592	(a)  Any officer or employee of a state, county, municipal,
2593	or special district agency or entity;
2594	(b)  Any legislative or judicial officer or employee;
2595	(c)  Any person, except a witness, who acts as a general or
2596	special magistrate master, receiver, auditor, arbitrator,
2597	umpire, referee, consultant, or hearing officer while performing
2598	a governmental function; or
2599	(d)  A candidate for election or appointment to any of the
2600	positions listed in this subsection, or an individual who has
2601	been elected to, but has yet to officially assume the
2602	responsibilities of, public office.
2603	Section 100.  Section 839.17, Florida Statutes, is amended
2604	to read:
2605	839.17  Misappropriation of moneys by commissioners to make
2606	sales.--Any commissioner or general or special magistrate master
2607	in chancery, having received the purchase money or the
2608	securities resulting from any of the sales authorized by law,
2609	who shall fail to deliver such moneys and securities, or either
2610	of them, to the executor or administrator, or the person
2611	entitled to receive the same, upon the order of the court,
2612	unless she or he is rendered unable to do so by some cause not
2613	attributable to her or his own default or neglect, shall be
2614	fined in a sum equal to the amount received from the purchaser,
2615	and commits shall be guilty of a felony of the second degree,
2616	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2617	Section 101.  Paragraph (a) of subsection (3) of section
2618	916.107, Florida Statutes, is amended to read:
2619	916.107  Rights of forensic clients.--
2620	(3)  RIGHT TO EXPRESS AND INFORMED CONSENT.--
2621	(a)  A client committed to the department pursuant to this
2622	act shall be asked to give express and informed written consent
2623	for treatment. If a client in a forensic facility refuses such
2624	treatment as is deemed necessary by the client's
2625	multidisciplinary treatment team at the forensic facility for
2626	the appropriate care of the client and the safety of the client
2627	or others, such treatment may be provided under the following
2628	circumstances:
2629	1.  In an emergency situation in which there is immediate
2630	danger to the safety of the client or others, such treatment may
2631	be provided upon the written order of a physician for a period
2632	not to exceed 48 hours, excluding weekends and legal holidays.
2633	If, after the 48-hour period, the client has not given express
2634	and informed consent to the treatment initially refused, the
2635	administrator or designee of the forensic facility shall, within
2636	48 hours, excluding weekends and legal holidays, petition the
2637	committing court or the circuit court serving the county in
2638	which the facility is located, at the option of the facility
2639	administrator or designee, for an order authorizing the
2640	continued treatment of the client. In the interim, treatment may
2641	be continued without the consent of the client upon the
2642	continued written order of a physician who has determined that
2643	the emergency situation continues to present a danger to the
2644	safety of the client or others.
2645	2.  In a situation other than an emergency situation, the
2646	administrator or designee of the forensic facility shall
2647	petition the court for an order authorizing the treatment to the
2648	client. The order shall allow such treatment for a period not to
2649	exceed 90 days from the date of the entry of the order. Unless
2650	the court is notified in writing that the client has provided
2651	express and informed consent in writing or that the client has
2652	been discharged by the committing court, the administrator or
2653	designee shall, prior to the expiration of the initial 90-day
2654	order, petition the court for an order authorizing the
2655	continuation of treatment for another 90-day period. This
2656	procedure shall be repeated until the client provides consent or
2657	is discharged by the committing court.
2658	3.  At the hearing on the issue of whether the court should
2659	enter an order authorizing treatment for which a client has
2660	refused to give express and informed consent, the court shall
2661	determine by clear and convincing evidence that the client is
2662	mentally ill, retarded, or autistic as defined in this chapter,
2663	that the treatment not consented to is essential to the care of
2664	the client, and that the treatment not consented to is not
2665	experimental and does not present an unreasonable risk of
2666	serious, hazardous, or irreversible side effects. In arriving at
2667	the substitute judgment decision, the court must consider at
2668	least the following factors:
2669	a.  The client's expressed preference regarding treatment;
2670	b.  The probability of adverse side effects;
2671	c.  The prognosis without treatment; and
2672	d.  The prognosis with treatment.
2673
2674	The hearing shall be as convenient to the client as may be
2675	consistent with orderly procedure and shall be conducted in
2676	physical settings not likely to be injurious to the client's
2677	condition. The court may appoint a general or special magistrate
2678	master to preside at the hearing. The client or the client's
2679	guardian, and the representative, shall be provided with a copy
2680	of the petition and the date, time, and location of the hearing.
2681	The client has the right to have an attorney represent him or
2682	her at the hearing, and, if the client is indigent, the court
2683	shall appoint the office of the public defender to represent the
2684	client at the hearing. The client may testify or not, as he or
2685	she chooses, and has the right to cross-examine witnesses and
2686	may present his or her own witnesses.
2687	Section 102.  Subsection (11) of section 938.30, Florida
2688	Statutes, is amended to read:
2689	938.30  Financial obligations in criminal cases;
2690	supplementary proceedings.--
2691	(11)  The court may refer any proceeding under this section
2692	to a special magistrate master who shall report findings and
2693	make recommendations to the court. The court shall act on such
2694	recommendations within a reasonable amount of time.
2695	Section 103.  Subsection (3) of section 945.43, Florida
2696	Statutes, is amended to read:
2697	945.43  Admission of inmate to mental health treatment
2698	facility.--
2699	(3)  PROCEDURE FOR HEARING ON TRANSFER OF AN INMATE FOR
2700	MENTAL HEALTH TREATMENT.--If the inmate does not waive a hearing
2701	or if the inmate or the inmate's representative files a petition
2702	for a hearing after having waived it, the court shall serve
2703	notice on the warden of the facility where the inmate is
2704	confined, the director, and the allegedly mentally ill inmate.
2705	The notice shall specify the date, time, and place of the
2706	hearing; the basis for the allegation of mental illness; and the
2707	names of the examining experts. The hearing shall be held within
2708	5 days, and the court may appoint a general or special
2709	magistrate master to preside. The hearing may be as informal as
2710	is consistent with orderly procedure. One of the experts whose
2711	opinion supported the recommendation shall be present at the
2712	hearing for information purposes. If, at the hearing, the court
2713	finds that the inmate is mentally ill and in need of care and
2714	treatment, it shall order that he or she be transferred to a
2715	mental health treatment facility and provided appropriate
2716	treatment. The court shall provide a copy of its order
2717	authorizing transfer and all supporting documentation relating
2718	to the inmate's condition to the warden of the treatment
2719	facility.  If the court finds that the inmate is not mentally
2720	ill, it shall dismiss the petition for transfer.
2721	Section 104.  This act shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.