1 | A bill to be entitled |
2 | An act relating to the state judicial system; amending s. |
3 | 25.241, F.S.; authorizing the Supreme Court to impose |
4 | certain appearance fees on certain attorneys; providing |
5 | for deposit of such fees into the state courts Grants and |
6 | Donations Trust Fund; amending s. 25.383, F.S.; requiring |
7 | the Supreme Court to determine court reporter |
8 | certification administration fees; providing for deposit |
9 | of such fees into the state courts Grants and Donations |
10 | Trust Fund; clarifying state attorney authorization to |
11 | charge certain fees for discovery; amending s. 25.384, |
12 | F.S.; revising purposes for which Court Education Trust |
13 | Fund moneys must be used; amending s. 27.02, F.S.; |
14 | authorizing state attorneys to appear in certain courts to |
15 | prosecute certain special laws and local ordinances; |
16 | providing for reimbursement of state attorneys for such |
17 | prosecutions; amending s. 27.34, F.S.; authorizing |
18 | counties and municipalities to contract with, or |
19 | appropriate or contribute funds to the operation of, |
20 | various state attorneys; requiring state attorneys to |
21 | contract with counties and municipalities to recover the |
22 | costs of certain services or reimburse the state for costs |
23 | of assigning certain attorneys for work on behalf of the |
24 | counties or municipalities; providing contract |
25 | requirements; specifying amounts of rates or costs; |
26 | providing for deposit of payments into the state courts |
27 | Grants and Donations Trust Fund; clarifying a prohibition |
28 | against certain state attorneys from receiving any |
29 | supplemental salary under certain circumstances; requiring |
30 | the Chief Financial Officer to contract with the public |
31 | defender to provide certain indigent representation under |
32 | certain circumstances; providing contract authorizations; |
33 | prohibiting state attorneys from spending certain state |
34 | funds on county funding obligations; providing exceptions; |
35 | requiring a state attorney to request reimbursement by a |
36 | county for certain authorized short-term advance funding |
37 | under certain circumstances; providing limitations on such |
38 | funding; providing for deposit of reimbursement payments |
39 | into the General Revenue Fund; amending s. 27.40, F.S.; |
40 | clarifying when a circuit Article V indigent services |
41 | committee must maintain and use a registry of counsel; |
42 | revising requirements; amending s. 27.42, F.S.; clarifying |
43 | membership of Article V indigent services committees; |
44 | clarifying when a circuit Article V indigent services |
45 | committee must maintain and use a registry of counsel; |
46 | revising registry use requirements; revising fee and |
47 | expense allowance rate schedule criteria; including the |
48 | Governor and Chief Justice of the Supreme Court in a |
49 | distribution list for certain reports; requiring the |
50 | Justice Administrative Commission to provide staff support |
51 | for such committees from appropriated funds; specifying |
52 | separate appropriations for certain attorney's fees and |
53 | expenses and other funds; requiring the Justice |
54 | Administrative Commission to separately track private |
55 | court-appointed counsel expenditures by category; amending |
56 | s. 27.51, F.S.; expanding representation responsibilities |
57 | of public defenders to include violations of special laws |
58 | or local ordinances; providing contracting requirements; |
59 | providing limitations; revising representation |
60 | requirements; clarifying appeal procedures; amending s. |
61 | 27.52, F.S.; revising provisions relating to determining |
62 | indigent status of defendants; authorizing clerks of court |
63 | to contract for such determinations; providing application |
64 | fee requirements and procedures; specifying certain |
65 | required financial information; specifying criteria for |
66 | indigent status; specifying distributions of application |
67 | fees; deleting certain affidavit requirements; providing |
68 | for disposition of certain amounts recovered from certain |
69 | persons; amending s. 27.5303, F.S.; revising standards for |
70 | determining counsel's conflict of interest in certain |
71 | cases; revising compensation of private court-appointed |
72 | counsel provisions; amending s. 27.5304, F.S.; revising |
73 | compensation of private court-appointed counsel |
74 | provisions; amending s. 27.54, F.S.; requiring public |
75 | defenders to contract with counties and municipalities to |
76 | recover the costs of certain services or reimburse the |
77 | state for costs of assigning certain attorneys for work on |
78 | behalf of the counties or municipalities; providing |
79 | contract requirements; specifying amounts of rates or |
80 | costs; providing for deposit of payments into the state |
81 | courts Grants and Donations Trust Fund; prohibiting public |
82 | defenders from spending certain state funds on county |
83 | funding obligations; providing exceptions; requiring a |
84 | public defender to request reimbursement by a county for |
85 | certain authorized short-term advance funding under |
86 | certain circumstances; providing limitations on such |
87 | funding; providing for deposit of reimbursement payments |
88 | into the General Revenue Fund; amending s. 27.562, F.S.; |
89 | providing for distribution of funds collected pursuant to |
90 | provisions providing for legal assistance and liens and |
91 | payments of attorney's fees or costs of a public defender; |
92 | amending s. 28.101, F.S.; increasing a charge for |
93 | petitions for dissolution of marriage; amending s. 28.24, |
94 | F.S.; clarifying access to public records by court |
95 | personnel, state attorneys, public defenders, and |
96 | guardians ad litem; providing for administrative fees for |
97 | partial payments and payment plans; amending s. 28.2401, |
98 | F.S.; increasing the additional service charge on |
99 | petitions seeking summary administration in probate |
100 | matters; providing for distribution of the increase; |
101 | amending s. 28.2402, F.S.; reducing the filing fee for a |
102 | county or municipality to file a code or ordinance |
103 | violation in court; providing a court cost to be assessed |
104 | against the nonprevailing party; requiring allocation of |
105 | certain fines to the clerk of the court to offset certain |
106 | costs relating to processing violations special laws and |
107 | local ordinances; amending s. 28.241, F.S.; revising |
108 | filing fees for trial and appellate proceedings; providing |
109 | exemptions from certain filing fee requirements; providing |
110 | for deferring such fees for indigent persons; revising |
111 | distributions of such filing fees; establishing a fee to |
112 | be paid by counsel appearing pro hac vice before the |
113 | circuit court; amending s. 28.245, F.S.; requiring |
114 | electronic transmittal to the Department of Revenue of |
115 | moneys collected by clerks of court for subsequent |
116 | distribution to state entities; requiring moneys collected |
117 | by clerks of court to be distributed pursuant to the law |
118 | in effect at time of collection; amending s. 28.246, F.S.; |
119 | revising court-related fees, charges, and costs |
120 | information reporting requirements; requiring separate |
121 | identification of certain amounts; requiring certain |
122 | persons to enroll in payment programs under certain |
123 | circumstances; revising a funds distribution priority |
124 | provision; authorizing clerks to impose and collect |
125 | certain service charges for certain purposes; providing |
126 | for collection fees to be in addition to certain amounts; |
127 | amending s. 28.345, F.S.; limiting an exemption from |
128 | certain court-related fees and charges; amending s. 28.35, |
129 | F.S.; replacing the Clerk of Court Operations conference |
130 | with the not-for-profit Florida Clerks of Court |
131 | Conference, Inc.; providing organizational and operational |
132 | requirements; providing for a governing board of |
133 | directors; providing for board membership; revising duties |
134 | of the conference; providing requirements for and |
135 | limitations on court-related functions clerks may fund |
136 | from certain fees, charges, costs, and fines; providing |
137 | for conference funding; amending s. 28.36, F.S.; revising |
138 | certain budget proposal and operations procedures for |
139 | court-related functions of clerks of court; providing |
140 | limitations; revising requirements; providing reporting |
141 | requirements for certain funds insufficiencies; providing |
142 | responsibilities of the Department of Revenue; authorizing |
143 | clerks of court to retain certain funds under certain |
144 | revenue deficit conditions; revising budget proposal and |
145 | implementation requirements for clerks of court; providing |
146 | for reimbursement of the Clerks of the Court Trust Fund |
147 | for certain ineligible budget expenditures for certain |
148 | purposes; requiring the department to certify certain |
149 | budgets; amending s. 28.37, F.S.; changing the date for |
150 | remittance of revenues by clerks of the court; requiring |
151 | clerks operating as fee officers for court-related |
152 | services to determine certain fees and expenses for such |
153 | services; providing for remittance of certain excess fees |
154 | to a county; requiring certain deficits to be funded by a |
155 | county; revising payment procedures; deleting Department |
156 | of Revenue authority to adopt rules providing for |
157 | penalties for failure to comply with remittance; amending |
158 | s. 29.005, F.S.; clarifying witnesses to be paid from |
159 | state revenue when summoned by a state attorney; requiring |
160 | certain motor vehicles and transportation services to be |
161 | transferred to the state; amending s. 29.006, F.S.; |
162 | clarifying witnesses to be paid from state revenue when |
163 | summoned by a public defender; amending s. 29.008, F.S.; |
164 | revising county funding requirements for certain equipment |
165 | and support staff; revising definitions; establishing |
166 | funding levels for legal aid programs; requiring the |
167 | Department of Revenue to withhold certain revenue sharing |
168 | receipts from certain counties under certain |
169 | circumstances; specifying criteria for amounts withheld; |
170 | requiring the state to apply amounts withheld to certain |
171 | to certain payments; creating s. 29.0086, F.S.; creating |
172 | the Article V Technology Board; providing for membership; |
173 | providing duties and responsibilities of the board; |
174 | requiring a report to Legislature; amending s. 29.016, |
175 | F.S.; revising purposes for which judicial branch |
176 | contingency funds may be used; amending s. 34.01, F.S.; |
177 | deleting a requirement that parties instituting civil |
178 | actions, suits, or proceedings pay certain fees and |
179 | charges to the clerk; correcting a cross reference; |
180 | amending s. 34.041, F.S.; requiring parties instituting |
181 | civil actions, suits, or proceedings in county court to |
182 | pay certain filing fees; providing for allocation of such |
183 | fees; providing certain exemptions from such fees; |
184 | clarifying application to nonindigent parties; providing |
185 | for filing fees in appellate proceedings; authorizing |
186 | clerks to impose a fee upon attorneys appearing pro hac |
187 | vice; providing for deposit of such fees; creating s. |
188 | 34.045, F.S.; providing for certain payments in lieu of |
189 | filing fees for certain filings in county court; providing |
190 | requirements and limitations; providing allocations of |
191 | certain fines to offset costs incurred by clerks in |
192 | performing court-related functions associated with |
193 | violations of special laws or local ordinances; amending |
194 | s. 34.191, F.S.; revising distribution requirements for |
195 | fines and forfeitures arising from offenses tried in |
196 | county court; amending s. 35.22, F.S.; providing for |
197 | collecting certain filing fees and services charges; |
198 | establishing a fee to be paid by counsel appearing pro hac |
199 | vice before a district court of appeal; amending s. |
200 | 39.0134, F.S.; providing for compensation of appointed |
201 | counsel in termination of parental rights proceedings; |
202 | amending s. 40.29, F.S.; requiring state attorneys, public |
203 | defenders, and clerks of court to provide the Justice |
204 | Administrative Commission with estimates of required |
205 | payments for witnesses; providing exceptions; providing |
206 | for payment of certain invoices by clerks and the |
207 | commission; amending s. 40.32, F.S.; revising payment |
208 | disbursement requirements and procedures for clerks of |
209 | court; amending s. 40.33, F.S.; revising procedures for |
210 | deficiencies in certain funds; creating s. 40.361, F.S.; |
211 | providing for applicability of laws relating to state |
212 | budgeting and finances; amending s. 44.103, F.S.; revising |
213 | provisions for compensating arbitrators; amending s. |
214 | 44.108, F.S.; revising provisions for funding of mediation |
215 | and arbitration; amending s. 45.031, F.S.; increasing a |
216 | service charge for certain services in sales by clerks; |
217 | creating s. 50.0711, F.S.; authorizing clerks of circuit |
218 | courts to establish a court docket fund for paying for |
219 | publishing notice of certain filings in certain |
220 | newspapers; providing for funding by an additional service |
221 | charge to certain filing fees; providing fund use |
222 | requirements; providing for designating and funding |
223 | certain newspapers for purposes of such publications; |
224 | providing publication requirements for such newspapers; |
225 | amending ss. 55.10 and 55.141, F.S.; clarifying provisions |
226 | relating to fees and charges for clerks for certain |
227 | services; amending s. 57.085, F.S.; clarifying certain |
228 | provisions relating deferral of prepayment of court costs |
229 | and fees for indigent prisoners; amending s. 61.14, F.S.; |
230 | recharacterizing certain fees as service charges; |
231 | increasing a certain charge; amending s. 61.181, F.S.; |
232 | deleting an obsolete time period reference; amending s. |
233 | 125.69, F.S.; deleting a provision authorizing certain |
234 | persons to prosecute special laws and county ordinances; |
235 | requiring counties to pay attorneys appointed by court to |
236 | represent certain indigent defendants; authorizing a |
237 | county to contract with the public defender for |
238 | representation in certain cases; amending s. 129.02, F.S.; |
239 | revising a county fine and forfeiture fund budget |
240 | provision; amending s. 142.01, F.S.; specifying |
241 | constituent funding sources for clerk of circuit court |
242 | fine and forfeiture funds; amending s. 142.03, F.S.; |
243 | revising provisions providing for disposition of fines, |
244 | forfeitures, and civil penalties municipalities; amending |
245 | s. 142.09, F.S.; requiring certain fees of witnesses and |
246 | officers arising from criminal causes to be paid by the |
247 | state; providing an exception; amending s. 218.245, F.S.; |
248 | providing additional distribution requirements for |
249 | revenues attributed to increase in distribution to the |
250 | Revenue Sharing Trust Fund for Municipalities; amending s. |
251 | 218.25, F.S.; authorizing local governments to assign, |
252 | pledge, or set aside certain additional funds for certain |
253 | purposes under provisions relating to limitation of shared |
254 | funds; amending s. 318.14, F.S.; providing for deposit of |
255 | certain court costs into a fine and forfeiture fund |
256 | instead of being retained by a county; amending s. 318.15, |
257 | F.S.; recharacterizing and increasing certain fees; |
258 | providing for an alternative distribution certain charges; |
259 | amending s. 318.18, F.S.; clarifying application of |
260 | certain civil penalty deposit provisions; authorizing |
261 | boards of county commissioners to impose by ordinance a |
262 | surcharge for certain infractions or violations for |
263 | payment of certain bond principal and interest payments; |
264 | prohibiting court waiver of the surcharge; providing |
265 | limitations; amending s. 318.21, F.S.; providing for |
266 | deposit of certain funds in the Grants and Donations Trust |
267 | Fund in the Justice Administrative Commission rather than |
268 | such fund in the state courts system; deleting a |
269 | requirement that a certain percentage of certain civil |
270 | penalties be deposited into the General Revenue Fund; |
271 | deleting a provision requiring certain moneys paid |
272 | counties to be used for funding local criminal training |
273 | under certain circumstances; amending s. 318.37, F.S.; |
274 | expanding the uses that may be made of funds for a Civil |
275 | Traffic Infraction Hearing Officer Program; amending s. |
276 | 321.05, F.S.; specifying a fine and forfeiture fund |
277 | designation provision; amending s. 322.245, F.S.; |
278 | requiring the Department of Highway Safety and Motor |
279 | Vehicles to suspend the driver license of persons failing |
280 | to pay certain financial obligations for certain criminal |
281 | offenses; providing for reinstatement under certain |
282 | circumstances; providing the department with immunity from |
283 | liability for such license suspensions; amending s. |
284 | 327.73, F.S.; increasing a dismissal fee; amending s. |
285 | 372.72, F.S.; specifying a fine and forfeiture fund |
286 | designation provision; amending s. 382.023, F.S.; |
287 | specifying the clerk of the circuit court as the entity to |
288 | retain a portion of a certain filing fee; amending ss. |
289 | 384.288 and 392.68, F.S.; revising provisions providing |
290 | for compensation of certain personnel for certain services |
291 | and taxation of certain fees and charges as court costs; |
292 | amending s. 394.473, F.S.; providing for compensation of |
293 | attorneys and expert witnesses in cases involving indigent |
294 | persons; amending s. 395.3025, F.S.; clarifying certain |
295 | patient records copying charge provisions; amending s. |
296 | 397.334, F.S.; clarifying authority of counties to use |
297 | certain alternative moneys to fund treatment-based drug |
298 | court programs; amending s. 713.24, F.S.; recharacterizing |
299 | a fee as a service charge; amending s. 721.83, F.S.; |
300 | providing additional limitations on complaints in certain |
301 | timeshare estate foreclosure proceedings; providing |
302 | criteria for consolidate timeshare foreclosure actions; |
303 | providing for an additional filing fee for joined |
304 | timeshare estates; amending s. 741.01, F.S.; increasing a |
305 | fee charged for issuance of a marriage license; amending |
306 | s. 744.331, F.S.; requiring the state to pay certain fees |
307 | instead of counties in certain cases involving indigents; |
308 | amending ss. 744.365 and 744.3678, F.S.; providing for |
309 | deferral rather then waiver of certain fees; amending s. |
310 | 766.104, F.S.; increasing a filing fee in certain medical |
311 | negligence case proceedings; deleting a requirement that |
312 | the fee be established by the chief judge; amending s. |
313 | 903.035, F.S.; removing a county attorney from certain |
314 | notification of bail modification application |
315 | requirements; amending s. 903.26, F.S.; specifying a fine |
316 | and forfeiture fund designation provision; providing for |
317 | application of certain provisions to state attorneys |
318 | instead of county attorneys; amending s. 903.28, F.S.; |
319 | removing a county attorney from certain notification of |
320 | certain remission of forfeiture application requirements; |
321 | amending s. 925.09, F.S.; requiring counties to pay |
322 | reasonable fees to physicians performing autopsies; |
323 | amending s. 938.29, F.S.; deleting a provision authorizing |
324 | county clerks to contract to collect certain debts or |
325 | liens; amending s. 938.35, F.S.; authorizing governing |
326 | bodies of municipalities to pursue collection of fees, |
327 | charges, fines, and costs under certain circumstances; |
328 | authorizing collection fees and attorney fees to be added |
329 | to certain balances owed; creating s. 939.185, F.S.; |
330 | authorizing boards of county commissioners to adopt by |
331 | ordinance additional court costs for certain pleadings and |
332 | findings of guilt; limiting uses; specifying allocations; |
333 | providing priorities of disbursements; deleting an annual |
334 | financial reporting requirement; amending s. 960.001, |
335 | F.S.; clarifying application of certain witness |
336 | notification provisions; amending s. 985.203, F.S.; |
337 | correcting a cross reference; amending s. 149, ch. 2003- |
338 | 402, Laws of Florida; providing for repeal of certain |
339 | fees, service charges, and costs imposed by county |
340 | ordinance and special law; providing legislative intent; |
341 | providing a legislative declaration of important state |
342 | interest; providing requirements for remittance of court- |
343 | related assessments retained by clerks of court; requiring |
344 | cash balances on a certain date in county funds |
345 | established for certain court-related program purposes to |
346 | be used for such purposes; providing legislative intent |
347 | relating sharing of due process costs; providing for state |
348 | funding of certain due process services; authorizing |
349 | contractual agreements to share costs associated with |
350 | certain due process services; requiring the Division of |
351 | Statutory Revision to redesignate the title of chapter 40, |
352 | F.S.; requiring counties to pay for certain billings of |
353 | certain due process services and certain flat-fee-per-case |
354 | payments; providing submittal requirements for billings |
355 | for certain services; requiring the Office of the State |
356 | Courts Administrator to annually prepare and disseminate a |
357 | manual of court-related fees, charges, costs, and fines; |
358 | repealing s. 11.75, F.S., relating to the Joint |
359 | Legislative Committee on Article V of the State |
360 | Constitution; repealing s. 40.30, F.S., relating to |
361 | required juror and witness payment requisition |
362 | endorsements by the State Courts Administrator or a |
363 | designee; repealing s. 142.04, F.S., relating to a |
364 | requirement that clerk of court issue certain certificates |
365 | to witnesses; repealing s. 142.05, F.S., relating to a |
366 | prohibition against a clerk of court receiving certain |
367 | fees; repealing s. 142.06, F.S., relating to a prescribed |
368 | payroll form; repealing s. 142.07, F.S., relating to clerk |
369 | of court payroll requirements; repealing s. 142.08, F.S., |
370 | relating to clerk responsibility for certain certificates; |
371 | repealing s. 142.10, F.S., relating to certain required |
372 | officer accounts; repealing s. 142.11, F.S., relating to |
373 | powers and duties of county commissioners relating to |
374 | accounts; repealing s. 142.12, F.S., relating to audit |
375 | requirements of county commissioners; repealing s. 142.13, |
376 | F.S., relating to a right of an officer to test the |
377 | validity of certain bills or accounts; repealing s. |
378 | 938.17, F.S., relating to county delinquency prevention |
379 | provisions; repealing s. 939.18, F.S., relating to court |
380 | assessments of additional court costs for court |
381 | facilities; requiring the Department of Revenue to adopt |
382 | rules; providing requirements; providing appropriations; |
383 | providing an effective date. |
384 |
|
385 | Be It Enacted by the Legislature of the State of Florida: |
386 |
|
387 | Section 1. Subsection (3) of section 25.241, Florida |
388 | Statutes, is amended to read: |
389 | 25.241 Clerk of Supreme Court; compensation; assistants; |
390 | filing fees, etc.-- |
391 | (3) The Clerk of the Supreme Court is hereby required to |
392 | collect, upon the filing of a certified copy of a notice of |
393 | appeal or petition, $250 for each case docketed, and for |
394 | copying, certifying, or furnishing opinions, records, papers, or |
395 | other instruments, except as otherwise herein provided, the same |
396 | fees that are allowed clerks of the circuit court; however, no |
397 | fee shall be less than $1. The State of Florida or its agencies, |
398 | when appearing as appellant or petitioner, is exempt from the |
399 | filing fees required in this subsection. For each attorney |
400 | appearing pro hac vice before the Supreme Court or a district |
401 | court of appeal, the Supreme Court may impose a fee of up to |
402 | $100 for deposit into the Grants and Donations Trust Fund within |
403 | the state courts. |
404 | Section 2. Section 25.383, Florida Statutes, as amended by |
405 | chapter 2003-402, Laws of Florida, is amended to read: |
406 | 25.383 Standards for court reporters; procedures; rules of |
407 | professional conduct, discipline, and training.--The Supreme |
408 | Court shall establish minimum standards and procedures for |
409 | qualifications, certification, discipline, and training for |
410 | court reporters. The Supreme Court shall determine the amount of |
411 | fees to charge applicants for certification and renewal of |
412 | certification. Fees shall be set in an amount necessary to |
413 | recover the full cost of administering the certification |
414 | process. All proceeds from fees collected pursuant to this |
415 | section shall be deposited into the Grants and Donations Trust |
416 | Fund within the state courts. The Supreme Court may appoint or |
417 | employ such personnel as are necessary to assist the court in |
418 | exercising its powers and performing its duties under this |
419 | section. |
420 | Section 3. Paragraph (a) of subsection (2) of section |
421 | 25.384, Florida Statutes, as amended by chapter 2003-402, Laws |
422 | of Florida, is amended to read: |
423 | 25.384 Court Education Trust Fund.-- |
424 | (2)(a) The trust fund moneys shall be used to provide |
425 | education and training for judges and other court personnel as |
426 | defined and determined by the Florida Court Educational Council. |
427 | In addition, funds may be used for the development and |
428 | implementation of an educational program for the clerks of court |
429 | as set forth in s. 145.051(2). |
430 | Section 4. Section 27.02, Florida Statutes, as amended by |
431 | chapter 2003-402, Laws of Florida, is amended to read: |
432 | 27.02 Duties before court.-- |
433 | (1) The state attorney shall appear in the circuit and |
434 | county courts within his or her judicial circuit and prosecute |
435 | or defend on behalf of the state all suits, applications, or |
436 | motions, civil or criminal, in which the state is a party, |
437 | except as provided in chapters 39, 984, and 985. The intake |
438 | procedures of chapters 39, 984, and 985 shall apply as provided |
439 | therein. The state attorney shall not appear in the circuit and |
440 | county courts within his or her judicial circuit for the purpose |
441 | of prosecuting violations of special laws and, unless expressly |
442 | authorized, or violations of county or municipal ordinances |
443 | punishable by incarceration if the prosecution is ancillary to a |
444 | state prosecution or if the state attorney has contracted with |
445 | the county or municipality for reimbursement for services |
446 | rendered in accordance with s. 27.34(1), unless ancillary to a |
447 | state prosecution and authorized by the prosecuting attorney of |
448 | the county. |
449 | (2) The state attorney, when complying with the discovery |
450 | obligation shall provide to the defendant all discovery |
451 | materials required pursuant to the applicable rule of procedure, |
452 | and may charge the defendant fees as provided for in s. |
453 | 119.07(1)(a), not to exceed 15 cents per page for a copy of a |
454 | noncertified copy of a public record. However, these fees may be |
455 | deferred if the defendant has been determined to be indigent as |
456 | provided in s. 27.52. |
457 | Section 5. Section 27.34, Florida Statutes, as amended by |
458 | chapter 2003-402, Laws of Florida, is amended to read: |
459 | 27.34 Limitations on payment of salaries and other related |
460 | costs of state attorneys' offices other than by the state.-- |
461 | (1) A county or municipality may not contract with, or |
462 | appropriate or contribute funds to the operation of, the various |
463 | state attorneys for the prosecution of violations of special |
464 | laws, unless expressly authorized, or ordinances of the county |
465 | or municipality, unless ancillary to a state prosecution. A |
466 | state attorney prosecuting violations of special laws or county |
467 | or municipal ordinances punishable by incarceration and not |
468 | ancillary to a state charge shall contract with counties and |
469 | municipalities to recover the full cost of services rendered on |
470 | an hourly basis or reimburse the state for the full cost of |
471 | assigning one or more full-time equivalent attorney positions to |
472 | work on behalf of the county or municipality. In the case of a |
473 | county with a population of less than 50,000, the state attorney |
474 | shall contract for full reimbursement, or for reimbursement as |
475 | the parties otherwise agree. |
476 | (a) A contract for reimbursement on an hourly basis shall |
477 | require counties and municipalities to reimburse the state |
478 | attorney for services rendered at a rate of $50 per hour. If an |
479 | hourly rate is specified in the General Appropriations Act, that |
480 | rate shall control. |
481 | (b) A contract for assigning one or more full-time |
482 | equivalent attorney positions to perform work on behalf of a |
483 | county or municipality shall assign one or more full-time |
484 | equivalent positions based on estimates by the state attorney of |
485 | the number of hours required to handle the projected workload. |
486 | The full cost of each full-time equivalent attorney position on |
487 | an annual basis shall be $50, or the amount specified in the |
488 | General Appropriations Act, multiplied by the legislative budget |
489 | request standard for available work hours for one full-time |
490 | equivalent attorney position, or, in the absence of that |
491 | standard, 1,854 hours. The contract may provide for funding |
492 | full-time equivalent positions in one-quarter increments. |
493 | (c) Persons employed by the county or municipality may be |
494 | provided to the state attorney to serve as special investigators |
495 | pursuant to the provisions of s. 27.251. Any payments received |
496 | pursuant to this subsection shall be deposited into the Grants |
497 | and Donations Trust Fund within the Justice Administrative |
498 | Commission for appropriation by the Legislature. |
499 | (2) A It is hereby prohibited for any state attorney or |
500 | assistant state attorney may not to receive from any county or |
501 | municipality any supplemental salary, except as provided in this |
502 | section. |
503 | (3) Notwithstanding s. 27.25, the Chief Financial Officer |
504 | may contract with the state attorney of any judicial circuit of |
505 | the state for the prosecution of criminal violations of the |
506 | Workers' Compensation Law and related crimes if the Chief |
507 | Financial Officer contributes funds for such purposes. Such |
508 | contracts may provide for the training, salary, and expenses of |
509 | one or more assistant state attorneys used in the prosecution of |
510 | such crimes. If the Chief Financial Officer contributes funds to |
511 | the state attorney to prosecute these violations and the accused |
512 | person is indigent and represented by the public defender, the |
513 | Chief Financial Officer shall also contract with the public |
514 | defender to provide representation to the person accused of |
515 | these crimes. The contract may provide for the training, salary, |
516 | and expenses of one or more assistant public defenders used in |
517 | the defense of these crimes. |
518 | (4) Unless expressly authorized by law or in the General |
519 | Appropriations Act, state attorneys are prohibited from spending |
520 | state-appropriated funds on county funding obligations under s. |
521 | 14, Art. V of the State Constitution beginning January 1, 2005. |
522 | This includes expenditures on communications services and |
523 | facilities as defined in s. 29.008. This does not prohibit a |
524 | state attorney from spending funds for these purposes in |
525 | exceptional circumstances when necessary to maintain operational |
526 | continuity in the form of a short-term advance pending |
527 | reimbursement by the county. If a state attorney provides short- |
528 | term advance funding for a county responsibility as authorized |
529 | by this subsection, the state attorney shall request full |
530 | reimbursement from the board of county commissioners prior to |
531 | making the expenditure or at the next meeting of the board of |
532 | county commissioners after the expenditure is made. The total of |
533 | all short-term advances authorized by this subsection shall not |
534 | exceed 2 percent of the state attorney's approved operating |
535 | budget in any given year. No short-term advances authorized by |
536 | this subsection shall be permitted until all reimbursements |
537 | arising from advance funding in the prior state fiscal year have |
538 | been received by the state attorney. All reimbursement payments |
539 | received by the state attorney pursuant to this subsection shall |
540 | be deposited into the General Revenue Fund. |
541 | Section 6. Subsection (2), paragraph (d) of subsection |
542 | (3), subsection (5), paragraph (a) of subsection (7), and |
543 | subsection (8) of section 27.40, Florida Statutes, as created by |
544 | chapter 2003-402, Laws of Florida, are amended to read: |
545 | 27.40 Court-appointed counsel; circuit registries; minimum |
546 | requirements; appointment by court.-- |
547 | (2) No later than October 1, 2005, private counsel |
548 | appointed by the court to provide representation shall be |
549 | selected from a registry established by the circuit Article V |
550 | indigent services committee or procured through a competitive |
551 | bidding process. |
552 | (3) In utilizing a registry: |
553 | (d) Quarterly, beginning no later than October 1, 2005 |
554 | July 1, 2004, each circuit Article V indigent services committee |
555 | shall provide the Chief Justice of the Supreme Court, the chief |
556 | judge, the state attorney and public defender in each judicial |
557 | circuit, and the clerk of court in each county with a current |
558 | copy of each registry. |
559 | (5) The Justice Administrative Commission shall approve |
560 | uniform contract forms for use in procuring the services of |
561 | private court-appointed counsel based on the recommendations of |
562 | the Article V Indigent Services Advisory Board. |
563 | (7)(a) An attorney appointed to represent a defendant or |
564 | other client is entitled to payment of attorney's fees and |
565 | expenses pursuant to s. 27.5304, only upon full performance by |
566 | the attorney of specified duties, approval of payment by the |
567 | court, and attorney submission of a payment request to the |
568 | Justice Administrative Commission. If an attorney is permitted |
569 | to withdraw or is otherwise removed from representation prior to |
570 | full performance of the duties specified in this section for |
571 | reasons other than breach of duty, the trial court shall approve |
572 | payment of attorney's fees and costs for work performed in an |
573 | amount not to exceed the amounts specified in s. 27.5304. |
574 | (8) Subject to the attorney-client privilege and the, |
575 | work-product privilege, an attorney who withdraws or is removed |
576 | from representation shall deliver all files, notes, documents, |
577 | and research to the successor attorney within 15 days after |
578 | receiving notice from the successor attorney. The successor |
579 | attorney shall bear the cost of transmitting all files, notes, |
580 | documents, and research. |
581 | Section 7. Paragraph (b) of subsection (1), paragraphs (b) |
582 | and (c) of subsection (2), and subsections (3) and (4) of |
583 | section 27.42, Florida Statutes, as created by chapter 2003-402, |
584 | Laws of Florida, are amended to read: |
585 | 27.42 Circuit Article V indigent services committees; |
586 | composition; staff; responsibilities; funding.-- |
587 | (1) In each judicial circuit a circuit Article V indigent |
588 | services committee shall be established. The committee shall |
589 | consist of the following: |
590 | (b) The public defender of the judicial circuit, or |
591 | designee from within the office of the public defender. |
592 | (2) |
593 | (b) No later than October 1, 2005, each The circuit |
594 | Article V indigent services committee shall maintain a registry |
595 | pursuant to s. 27.40, even when unless procuring counsel through |
596 | a competitive bidding process. However, if counsel is procured |
597 | through a competitive bidding process, the registry shall be |
598 | used only when counsel obtained through that process is unable |
599 | to provide representation due to a conflict of interest or |
600 | reasons beyond their control. The committee shall apply any the |
601 | eligibility and performance standards set by the Legislature, if |
602 | any, after receiving recommendations from the Article V Indigent |
603 | Services Advisory Board, for the appropriate category of case. |
604 | (c) Each The circuit Article V indigent services committee |
605 | shall develop a schedule of standard fees and expense allowances |
606 | for the various categories of cases specified in s. 27.5303, |
607 | consistent with the overall compensation rates in that section |
608 | and within the amount of appropriated funds allocated by the |
609 | Justice Administrative Commission to the circuit for this |
610 | purpose standards adopted by the Legislature, if any, after |
611 | receiving recommendations from the Article V Indigent Services |
612 | Advisory Board. |
613 | (3) The Justice Administrative Commission shall prepare |
614 | and issue on a quarterly basis a statewide report comparing |
615 | actual year-to-date expenditures to budgeted amounts for the |
616 | circuit Article V indigent services committees in each of the |
617 | judicial circuits. Copies of these quarterly reports shall be |
618 | distributed to each circuit Article V indigent services |
619 | committee and to the Governor, the Chief Justice of the Supreme |
620 | Court, the President of the Senate, and the Speaker of the House |
621 | of Representatives. |
622 | (4)(a) The Justice Administrative Commission shall provide |
623 | staff support for circuit Article V indigent services committees |
624 | from appropriated funds. The funding and positions for the |
625 | processing of committees' fees and expenses shall be as |
626 | appropriated to the Justice Administrative Commission in the |
627 | General Appropriations Act. |
628 | (b) Funds for criminal conflict attorney's case fees and |
629 | expenses shall be appropriated by the Legislature in a separate |
630 | appropriations category within the Justice Administrative |
631 | Commission. These funds shall be allocated to each circuit as |
632 | prescribed in the General Appropriations Act. |
633 | (c) Separate funds for attorneys' fees and expenses in |
634 | conflict cases under chapter 394 shall be appropriated by the |
635 | Legislature in a separate appropriations category within the |
636 | Justice Administrative Commission. |
637 | (c)(d) The Legislature shall appropriate separate Funds |
638 | for attorney's attorneys' fees and expenses for in child |
639 | dependency and civil conflict cases shall be appropriated by the |
640 | Legislature and other court-appointed counsel cases in a |
641 | separate appropriations category within the Justice |
642 | Administrative Commission. |
643 | (d) Any funds the Legislature appropriates for other |
644 | court-appointed counsel cases as appropriated within the Justice |
645 | Administrative Commission. |
646 |
|
647 | The Justice Administrative Commission shall separately track |
648 | expenditures on private court-appointed counsel for the |
649 | following categories of cases: criminal conflict, civil |
650 | conflict, dependency and termination of parental rights, and |
651 | guardianship. |
652 | Section 8. Subsections (1) and (4) of section 27.51, |
653 | Florida Statutes, as amended by chapter 2003-402, Laws of |
654 | Florida, are amended to read: |
655 | 27.51 Duties of public defender.-- |
656 | (1) The public defender shall represent, without |
657 | additional compensation, any person who is determined to be |
658 | indigent under as provided in s. 27.52 and who is: |
659 | (a) Under arrest for, or is charged with, a felony; |
660 | (b) Under arrest for, or is charged with:, |
661 | 1. A misdemeanor authorized for prosecution by the state |
662 | attorney;, |
663 | 2. A violation of chapter 316 which is punishable by |
664 | imprisonment;, or |
665 | 3. Criminal contempt; or, |
666 | 4. A violation of a special law or county or municipal |
667 | ordinance ancillary to a state charge, or if not ancillary to a |
668 | state charge, only if the public defender contracts with the |
669 | county or municipality to provide representation pursuant to ss. |
670 | 27.54 and 125.69. |
671 |
|
672 | The public defender shall not provide representation pursuant to |
673 | paragraph (b) if unless the court, prior to trial, files in the |
674 | cause an order of no imprisonment as provide in s. 27.512 which |
675 | states that the defendant will not be imprisoned if he or she is |
676 | convicted; |
677 | (c) Alleged to be a delinquent child pursuant to a |
678 | petition filed before a circuit court; |
679 | (d) Sought by petition filed in such court to be |
680 | involuntarily placed as a mentally ill person under part I of |
681 | chapter 394, involuntarily committed as a or sexually violent |
682 | predator under part V of chapter 394, or involuntarily admitted |
683 | to residential services as a person with developmental |
684 | disabilities under chapter 393. However, A public defender shall |
685 | not does not have the authority to represent any person who is a |
686 | plaintiff in a civil action brought under the Florida Rules of |
687 | Civil Procedure, the Federal Rules of Civil Procedure, or the |
688 | federal statutes, or represent who is a petitioner in a rule |
689 | challenge an administrative proceeding challenging a rule under |
690 | chapter 120, unless specifically authorized by statute; or |
691 | (e) Convicted and sentenced to death, for purposes of |
692 | handling prosecuting an appeal to the Supreme Court; or. |
693 | (f) Is appealing a matter in a case arising under |
694 | paragraphs (a)-(d). |
695 | (4) The public defender for the a judicial circuit |
696 | specified enumerated in this subsection shall, after the record |
697 | on appeal is transmitted to the appellate court by the office of |
698 | the public defender which handled the trial and if requested by |
699 | any public defender within the indicated appellate district, |
700 | handle all circuit court felony appeals within the state courts |
701 | system and any authorized appeals to the state and federal |
702 | courts required of the official making such request: |
703 | (a) Public defender of the second judicial circuit, on |
704 | behalf of any public defender within the district comprising the |
705 | First District Court of Appeal. |
706 | (b) Public defender of the tenth judicial circuit, on |
707 | behalf of any public defender within the district comprising the |
708 | Second District Court of Appeal. |
709 | (c) Public defender of the eleventh judicial circuit, on |
710 | behalf of any public defender within the district comprising the |
711 | Third District Court of Appeal. |
712 | (d) Public defender of the fifteenth judicial circuit, on |
713 | behalf of any public defender within the district comprising the |
714 | Fourth District Court of Appeal. |
715 | (e) Public defender of the seventh judicial circuit, on |
716 | behalf of any public defender within the district comprising the |
717 | Fifth District Court of Appeal. |
718 | Section 9. Section 27.52, Florida Statutes, as amended by |
719 | chapter 2003-402, Laws of Florida, is amended to read: |
720 | 27.52 Determination of indigent status indigence.-- |
721 | (1) The clerk of the circuit court shall determine if a |
722 | the indigence of each person applying for appointment of a |
723 | public defender or private attorney or any other due process |
724 | court-related services is indigent based on indigence. The clerk |
725 | may contract with third parties to perform this function. This |
726 | determination may be made at any stage of the proceedings. |
727 | Before appointing the public defender or a private attorney, or |
728 | providing any other court-related service based on indigent |
729 | status indigence, the court shall receive the determination of |
730 | indigent status indigence from the clerk. If the clerk has not |
731 | made this determination at the time a person requests |
732 | appointment of a public defender or private attorney or |
733 | provision of any other due process court-related services, the |
734 | court shall make a preliminary determination of indigent status |
735 | indigence, pending further review verification by the clerk, and |
736 | may appoint counsel or authorize the provision of any other due |
737 | process services on an interim basis. The applicant may seek |
738 | review of the clerk's determination denying indigent status |
739 | indigence in the court having jurisdiction over the matter at |
740 | the next scheduled hearing. If the applicant seeks review of the |
741 | clerk's determination, the court shall make a final |
742 | determination. |
743 | (2)(a) Any person applying for appointment of a public |
744 | defender or private attorney or any other due process court- |
745 | related services based on indigent status indigence shall pay a |
746 | $40 application fee to the clerk of court for each affidavit |
747 | filed, regardless of the number of required due process services |
748 | requested in a case and submit a completed affidavit containing |
749 | the financial information required under paragraph (f). The |
750 | application fee shall be paid at the time the financial |
751 | affidavit is filed or within 7 days thereafter. If, in a |
752 | criminal proceeding, the application fee is not paid prior to |
753 | the disposition of the case, the clerk shall advise the |
754 | sentencing judge of this fact and the court shall: |
755 | 1. Assess the application fee as part of the sentence or |
756 | as a condition of probation; or |
757 | 2. Assess the application fee pursuant to s. 938.29. |
758 | (b) The applicant shall submit, except in the case of |
759 | incapacity communicated through the public defender, a completed |
760 | affidavit containing the following financial information: |
761 | 1. Net income, consisting of total salary and wages, minus |
762 | deductions required by law, including court-ordered support |
763 | payments. |
764 | 2. Other income, including, but not limited to, social |
765 | security benefits, union funds, veterans' benefits, workers' |
766 | compensation, other regular support from absent family members, |
767 | public or private employee pensions, unemployment compensation, |
768 | dividends, interest, rent, trusts, and gifts. |
769 | 3. Assets, including, but not limited to, cash, savings |
770 | accounts, bank accounts, stocks, bonds, certificates of deposit, |
771 | equity in real estate, and equity in a boat or a motor vehicle |
772 | or in other tangible property. |
773 | (3) After reviewing the affidavit and questioning the |
774 | applicant, the clerk shall make one of the following |
775 | determinations: |
776 | (a) The applicant is indigent; or |
777 | (b) The applicant is not indigent. |
778 | (4)(a) An applicant, including an applicant who is a minor |
779 | or an adult tax-dependent person, is indigent if: |
780 | 1. The income of the person is equal to or below 200 |
781 | percent of the then-current federal poverty guidelines |
782 | prescribed for the size of the household of the applicant by the |
783 | United States Department of Health and Human Services or if the |
784 | person is receiving Temporary Assistance for Needy Families-Cash |
785 | Assistance, poverty-related veterans' benefits, or Supplemental |
786 | Security Income (SSI); or |
787 | 2. The person is unable to pay for the services of an |
788 | attorney without substantial hardship to his or her family. |
789 | (b) In determining whether an applicant is indigent, the |
790 | clerk shall determine whether any of the following facts exist, |
791 | and the existence of any such fact creates a presumption that |
792 | the applicant is not indigent: |
793 | 1. The person has been released on bail in the amount of |
794 | $5,000 or more; |
795 | 2. The person owns, or has equity in, any intangible or |
796 | tangible personal property or real property or the expectancy of |
797 | an interest in any such property; or |
798 | 3. The person retained private counsel immediately before |
799 | or after filing the affidavit asserting indigent status pursuant |
800 | to subsection (2). |
801 |
|
802 | If the clerk finds discrepancies between the financial affidavit |
803 | and the investigation of assets, the clerk shall submit the |
804 | information to the court and the court shall determine whether |
805 | the public defender or private attorney shall continue |
806 | representation, or whether the authorization for any other due |
807 | process services previously authorized shall be revoked. The |
808 | person may be heard regarding the information discovered by the |
809 | clerk. If the court, based on the information provided, |
810 | determines that the person is not indigent, the court shall |
811 | order the public defender or private attorney to discontinue |
812 | representation and revoke the provision of any other authorized |
813 | due process services. Notwithstanding any provision of law, |
814 | court rule, or administrative order to the contrary, the clerk |
815 | of the court shall assign the first $40 of any fees or costs |
816 | paid by an indigent person as payment of the application fee. In |
817 | no event should a person found to be indigent be refused counsel |
818 | or other required due process services for failure to pay the |
819 | fee. |
820 | (b) The person shall pay the application fee at the time |
821 | the financial affidavit is filed or within 7 days thereafter. If |
822 | not paid within 7 days, the applicant shall be enrolled by the |
823 | clerk in a payment program to recover unpaid fees, in full, with |
824 | periodic payment amounts corresponding to the applicant's |
825 | ability to pay. |
826 | (c) A defendant found to be indigent may not be refused |
827 | counsel or any other court-related services based on indigence |
828 | for failure to pay the application fee. The defendant shall pay |
829 | a separate application fee for each affidavit filed. |
830 | (d) If the court finds that the accused person applying |
831 | for representation appears to be indigent based upon the |
832 | financial affidavit required under paragraph (f), the court |
833 | shall appoint the public defender or a private attorney to |
834 | provide representation. If the application fee is not paid prior |
835 | to the disposition of the case, the clerk shall advise the |
836 | sentencing judge of this fact and the court shall: |
837 | 1. Assess the application fee as part of the sentence or |
838 | as a condition of probation; or |
839 | 2. Assess the application fee pursuant to s. 938.29. |
840 |
|
841 | If the clerk finds discrepancies between the financial affidavit |
842 | and his or her investigation of assets, the clerk shall submit |
843 | the information to the court and the court shall determine |
844 | whether the public defender or private attorney shall continue |
845 | representation defendant may be heard regarding the information |
846 | discovered by the clerk. If the court, based on the information |
847 | provided, determines that the defendant is not indigent, the |
848 | court shall order the public defender or private attorney to |
849 | discontinue representation. Notwithstanding any provision of law |
850 | or local order to the contrary, the clerk of the court shall |
851 | assign the first $40 of any fees or costs paid by an indigent |
852 | defendant as payment of the application fee. In no event should |
853 | a person found to be indigent be refused counsel for failure to |
854 | pay the fee. |
855 | (5)(e) All application fees shall be transferred monthly |
856 | by the clerk of the court to the Department of Revenue for |
857 | deposit to the Indigent Criminal Defense Trust Fund, |
858 | administered by the Justice Administrative Commission, to be |
859 | used to supplement the general revenue funds appropriated by the |
860 | Legislature to the public defenders. The clerk of the court may |
861 | retain 2 percent of application fees collected monthly for |
862 | administrative costs prior to remitting the remainder to the |
863 | Department of Revenue. |
864 | (f) The affidavit must contain the following financial |
865 | information and calculations as to the applicant's income: |
866 | 1. Net income.--Total salary and wages, minus deductions |
867 | required by law, including court-ordered support payments. |
868 | 2. Other income.--Including, but not limited to, social |
869 | security benefits, union funds, veterans' benefits, workers' |
870 | compensation, other regular support from absent family members, |
871 | public or private employee pensions, unemployment compensation, |
872 | dividends, interest, rent, trusts, and gifts. |
873 | 3. Assets.--Including, but not limited to, cash, savings |
874 | accounts, bank accounts, stocks, bonds, certificates of deposit, |
875 | equity in real estate, and equity in a boat or a motor vehicle |
876 | or in other tangible property. |
877 | (g) The income of an applicant who is a minor or an adult |
878 | tax-dependent person who is substantially supported by a parent |
879 | or parents or by a guardian, or who continues to be claimed as a |
880 | dependent for tax purposes, shall include the income of that |
881 | dependent person's parent or parents or guardian, except a |
882 | parent or guardian who has an adverse interest in the |
883 | proceeding. |
884 | (h) In addition to the financial information, the |
885 | affidavit must contain the following statement: "I, ... (name |
886 | of applicant) ..., agree to report any change in my financial |
887 | situation to the court." |
888 | (3)(a) After reviewing the affidavit and questioning the |
889 | applicant, the clerk shall make one of the following |
890 | determinations: |
891 | 1. The applicant is indigent. |
892 | 2. The applicant is not indigent. |
893 | (b) An applicant, including an applicant who is a minor or |
894 | an adult tax-dependent person, is indigent if: |
895 | 1. The income of the person is equal to or below 200 |
896 | percent of the then-current federal poverty guidelines |
897 | prescribed for the size of the household of the applicant by the |
898 | United States Department of Health and Human Services or if the |
899 | person is receiving Temporary Assistance for Needy Families-Cash |
900 | Assistance, poverty-related veterans' benefits, or Supplemental |
901 | Security Income (SSI); or |
902 | 2. The person is unable to pay for the services of an |
903 | attorney without substantial hardship to his or her family. |
904 | (c) In determining whether an applicant is indigent, the |
905 | clerk shall determine whether any of the following facts exist, |
906 | and the existence of any such fact creates a presumption that |
907 | the applicant is not indigent: |
908 | 1. The defendant has been released on bail in the amount |
909 | of $5,000 or more. |
910 | 2. The defendant owns, or has equity in, any intangible or |
911 | tangible personal property or real property or the expectancy of |
912 | an interest in any such property. |
913 | 3. The defendant retained private counsel immediately |
914 | before or after filing the affidavit asserting indigence |
915 | pursuant to subsection (2). |
916 | (6)(d) A nonindigent parent or legal guardian of an |
917 | applicant who is a minor or an adult tax-dependent person shall |
918 | furnish the minor or adult tax-dependent person with the |
919 | necessary legal services and costs incident to a delinquency |
920 | proceeding or, upon transfer of such person for criminal |
921 | prosecution as an adult pursuant to chapter 985, a criminal |
922 | prosecution, in which the person has a right to legal counsel |
923 | under the Constitution of the United States or the Constitution |
924 | of the State of Florida. The failure of a parent or legal |
925 | guardian to furnish legal services and costs under this section |
926 | does not bar the appointment of legal counsel pursuant to s. |
927 | 27.40 or s. 27.5303. When the public defender, a special |
928 | assistant public defender appointed pursuant to s. 27.53(2), or |
929 | a private attorney is appointed to represent a minor or an adult |
930 | tax-dependent person in any proceeding in circuit court or in a |
931 | criminal proceeding in any other court, the parents or the legal |
932 | guardian shall be liable for payment of the fees, charges, and |
933 | costs of the representation even if the person is a minor being |
934 | tried as an adult. Liability for the fees, charges, and costs of |
935 | the representation shall be imposed in the form of a lien |
936 | against the property of the nonindigent parents or legal |
937 | guardian of the minor or adult tax-dependent person. The lien |
938 | shall be enforceable as provided in s. 27.561 or s. 938.29. |
939 | (7)(4) If the trial court determines that any applicant, |
940 | through fraud or misrepresentation, was erroneously or |
941 | improperly determined to be indigent, the state attorney shall, |
942 | in the name of the state, proceed against the applicant for the |
943 | reasonable value of the services rendered, including all fees, |
944 | charges, and costs paid by the state in his or her behalf. |
945 | Twenty-five percent of any amount recovered by the state |
946 | attorney shall be deposited into the Grants and Donations Trust |
947 | Fund for appropriation by the Legislature. Seventy-five percent |
948 | of any amount recovered shall be remitted to the Department of |
949 | Revenue for deposit into the General Revenue Fund. |
950 | (5) An individual determined to be indigent and seeking to |
951 | defer payment of fees, charges, or costs imposed by operation of |
952 | law or order of the court under this section or any other |
953 | provision of general law imposing fees, charges, or costs, shall |
954 | be enrolled by the clerk in a payment program to recover unpaid |
955 | costs in full, with periodic payment amounts corresponding to |
956 | the individual's ability to pay. |
957 | Section 10. Paragraph (d) of subsection (1) and subsection |
958 | (3) of section 27.5303, Florida Statutes, as created by chapter |
959 | 2003-402, Laws of Florida, are amended to read: |
960 | 27.5303 Public defenders; conflict of interest.-- |
961 | (1) |
962 | (d) In determining whether or not there is a conflict of |
963 | interest, the public defender and the court shall apply the |
964 | standards adopted by the Legislature after receiving |
965 | recommendations from the Article V Indigent Services Advisory |
966 | Board. |
967 | (3) Private court-appointed counsel shall be compensated |
968 | as provided in s. 27.5304 in accordance with compensation |
969 | standards adopted by the Legislature after receiving |
970 | recommendations from the Article V Indigent Services Advisory |
971 | Board. |
972 | Section 11. Subsections (1), (2), (4), (5), and (6) of |
973 | section 27.5304, Florida Statutes, as created by chapter 2003- |
974 | 402, Laws of Florida, are amended to read: |
975 | 27.5304 Private court-appointed counsel; compensation.-- |
976 | (1) Private court-appointed counsel shall be compensated |
977 | by the Justice Administrative Commission in an amount accordance |
978 | with standards adopted by the Legislature after receiving |
979 | recommendations from the Article V Indigent Services Advisory |
980 | Board. However, compensation shall not to exceed the maximum fee |
981 | limits established in by this section. The attorney also shall |
982 | be reimbursed for reasonable and necessary expenses in |
983 | accordance with s. 29.007. If the attorney is representing a |
984 | defendant charged with more than one offense in the same case, |
985 | the attorney shall be compensated at the rate provided for the |
986 | most serious offense for which he or she represented the |
987 | defendant. This section does not allow stacking of the fee |
988 | limits established by this section. |
989 | (2) Prior to filing a motion for an order approving |
990 | payment of attorney's fees, costs, or related expenses, the |
991 | private court-appointed counsel shall deliver a copy of the |
992 | intended billing, together with supporting affidavits and all |
993 | other necessary documentation, to the Justice Administrative |
994 | Commission. The Justice Administrative Commission shall review |
995 | the billings, affidavit, and documentation for completeness and |
996 | compliance with contractual and statutory requirements. If the |
997 | Justice Administrative Commission objects to any portion of the |
998 | proposed billing, the objection and reasons therefor shall be |
999 | communicated to the private court-appointed counsel. The private |
1000 | court-appointed counsel may thereafter file his or her motion |
1001 | for order approving payment of attorney's fees, costs, or |
1002 | related expenses together with supporting affidavits and all |
1003 | other necessary documentation. The motion must specify whether |
1004 | the Justice Administrative Commission objects to any portion of |
1005 | the billing or the sufficiency of documentation and, if so, the |
1006 | reasons therefor. A copy of the motion and attachments shall be |
1007 | served on the Justice Administrative Commission. The Justice |
1008 | Administrative Commission shall have standing to appear before |
1009 | the court to contest any motion for order approving payment of |
1010 | attorney's fees, costs, or related expenses. The Justice |
1011 | Administrative Commission may contract with other public or |
1012 | private entities or individuals to appear before the court for |
1013 | the purpose of contesting any motion for order approving payment |
1014 | of attorney's fees, costs, or related expenses. The fact that |
1015 | the Justice Administrative Commission has not objected to any |
1016 | portion of the billing or to the sufficiency of the |
1017 | documentation is not binding on the court. The court retains |
1018 | primary authority and responsibility for determining the |
1019 | reasonableness of all billings for attorney's fees, costs, and |
1020 | related expenses, subject to statutory limitations. |
1021 | (4) By January 1 of each year, 2004, the Article V |
1022 | Indigent Services Advisory Board shall recommend to the |
1023 | Legislature any adjustments to the existing compensation |
1024 | provisions of this section schedules for criminal proceedings |
1025 | and any proposed compensation standards for private attorneys |
1026 | providing representation in civil proceedings in which private |
1027 | court-appointed counsel is required. |
1028 | (5)(a) If counsel is entitled to receive compensation for |
1029 | representation pursuant to court appointment in a termination of |
1030 | parental rights proceeding under chapter 39 s. 39.0134, such |
1031 | compensation shall not exceed $1,000 at the trial level and |
1032 | $2,500 at the appellate level. |
1033 | (b) Counsel entitled to receive compensation for |
1034 | representation pursuant to court appointment in a proceeding |
1035 | under chapter 384 or chapter 392 shall receive reasonable |
1036 | compensation as fixed by the court making the appointment. |
1037 | (6) A private attorney appointed in lieu of the public |
1038 | defender to represent an indigent defendant may not reassign or |
1039 | subcontract the case to another attorney or allow another |
1040 | attorney to appear at a critical stage of a case who is does not |
1041 | on the registry developed pursuant to s. 27.40 meet standards |
1042 | adopted by the Legislature after any recommendations from the |
1043 | Article V Indigent Services Advisory Board. |
1044 | Section 12. Subsection (2) of section 27.54, Florida |
1045 | Statutes, as amended by chapter 2003-402, Laws of Florida, is |
1046 | amended, and subsection (4) is added to said section, to read: |
1047 | 27.54 Limitation on payment of expenditures for public |
1048 | defender's office other than by the state.-- |
1049 | (2) A county or municipality may not contract with, or |
1050 | appropriate or contribute funds to, the operation of the offices |
1051 | of the various public defenders for the purpose of defending |
1052 | indigents charged with violations of special laws, unless |
1053 | expressly authorized, or with violations of ordinances of the |
1054 | county or municipality, unless ancillary to a state prosecution. |
1055 | A public defender defending violations of special laws or county |
1056 | or municipal ordinances punishable by incarceration and not |
1057 | ancillary to a state charge shall contract with counties and |
1058 | municipalities to recover the full cost of services rendered on |
1059 | an hourly basis or reimburse the state for the full cost of |
1060 | assigning one or more full-time equivalent attorney positions to |
1061 | work on behalf of the county or municipality. In the case of a |
1062 | county with a population of less than 50,000, the public |
1063 | defender shall contract for full reimbursement, or for |
1064 | reimbursement as the parties otherwise agree. |
1065 | (a) A contract for reimbursement on an hourly basis shall |
1066 | require a county or municipality to reimburse the public |
1067 | defender for services rendered at a rate of $50 per hour. If an |
1068 | hourly rate is specified in the General Appropriations Act, that |
1069 | rate shall control. |
1070 | (b) A contract for assigning one or more full-time |
1071 | equivalent attorney positions to perform work on behalf of the |
1072 | county or municipality shall assign one or more full-time |
1073 | equivalent positions based on estimates by the public defender |
1074 | of the number of hours required to handle the projected |
1075 | workload. The full cost of each full-time equivalent attorney |
1076 | position on an annual basis shall be $50, or the amount |
1077 | specified in the General Appropriations Act, multiplied by the |
1078 | legislative budget request standard for available work hours for |
1079 | one full-time equivalent attorney position, or, in the absence |
1080 | of that standard, 1,854 hours. The contract may provide for |
1081 | funding full-time equivalent positions in one-quarter |
1082 | increments. |
1083 | (c) Any payments received pursuant to this subsection |
1084 | shall deposited into the Grants and Donations Trust Fund within |
1085 | the Justice Administrative Commission for appropriation by the |
1086 | Legislature. |
1087 | (4) Unless expressly authorized by law or in the General |
1088 | Appropriations Act, public defenders are prohibited from |
1089 | spending state-appropriated funds on county funding obligations |
1090 | under s. 14, Art. V of the State Constitution beginning January |
1091 | 1, 2005. This includes expenditures on communications services |
1092 | and facilities as defined in s. 29.008. This does not prohibit a |
1093 | public defender from spending funds for these purposes in |
1094 | exceptional circumstances when necessary to maintain operational |
1095 | continuity in the form of a short-term advance pending |
1096 | reimbursement from the county. If a public defender provides |
1097 | short-term advance funding for a county responsibility as |
1098 | authorized by this subsection, the public defender shall request |
1099 | full reimbursement from the board of county commissioners prior |
1100 | to making the expenditure or at the next meeting of the board of |
1101 | county commissioners after the expenditure is made. The total of |
1102 | all short-term advances authorized by this subsection shall not |
1103 | exceed 2 percent of the public defender's approved operating |
1104 | budget in any given year. No short-term advances authorized by |
1105 | this subsection shall be permitted until all reimbursements |
1106 | arising from advance funding in the prior state fiscal year have |
1107 | been received by the public defender. All reimbursement payments |
1108 | received by the public defender shall be deposited into the |
1109 | General Revenue Fund. |
1110 | Section 13. Section 27.562, Florida Statutes, as amended |
1111 | by chapter 2003-402, Laws of Florida, is amended to read: |
1112 | 27.562 Disposition of funds.--The first $40 of all funds |
1113 | collected pursuant to s. 938.29 shall be deposited into the |
1114 | Indigent Criminal Defense Trust Fund pursuant to s. 27.525. The |
1115 | remaining funds collected pursuant to s. 938.29 shall be |
1116 | distributed as follows: |
1117 | (1) Twenty-five percent shall be remitted to the Justice |
1118 | Administrative Commission for deposit into the Indigent Criminal |
1119 | Defense Trust Fund. |
1120 | (2) Seventy-five percent shall be remitted to the |
1121 | Department of Revenue for deposit into the General Revenue Fund. |
1122 |
|
1123 | The Justice Administrative Commission shall account for these |
1124 | funds by circuit, and appropriations from the fund shall be |
1125 | proportional to each circuit's collections. All funds collected |
1126 | pursuant to s. 938.29, except the application fee imposed under |
1127 | s. 27.52, shall be remitted to the Department of Revenue for |
1128 | deposit into the General Revenue Fund. All judgments entered |
1129 | pursuant to this part shall be in the name of the state. |
1130 | Section 14. Paragraph (c) of subsection (1) of section |
1131 | 28.101, Florida Statutes, is amended to read: |
1132 | 28.101 Petitions and records of dissolution of marriage; |
1133 | additional charges.-- |
1134 | (1) When a party petitions for a dissolution of marriage, |
1135 | in addition to the filing charges in s. 28.241, the clerk shall |
1136 | collect and receive: |
1137 | (c) A charge of $55 $18. On a monthly basis, the clerk |
1138 | shall transfer the moneys collected pursuant to this paragraph |
1139 | to the Department of Revenue for deposit in the Domestic |
1140 | Violence Trust Fund. Such funds which are generated shall be |
1141 | directed to the Department of Children and Family Services for |
1142 | the specific purpose of funding domestic violence centers. |
1143 | Section 15. The introductory paragraph and subsection (26) |
1144 | of section 28.24, Florida Statutes, as amended by chapter 2003- |
1145 | 402, Laws of Florida, are amended to read: |
1146 | 28.24 Service charges by clerk of the circuit court.--The |
1147 | clerk of the circuit court may charge for services rendered by |
1148 | the clerk's office in recording documents and instruments and in |
1149 | performing the duties enumerated in amounts not to exceed those |
1150 | specified in this section. Notwithstanding any other provision |
1151 | of this section, the clerk of the circuit court shall provide |
1152 | without charge to the state attorney, public defender, and |
1153 | guardian ad litem, and to the authorized staff acting on behalf |
1154 | of each, any justice or judge, to any court staff acting on |
1155 | behalf of any justice or judge, and to any state attorney or |
1156 | public defender access to and a copy copies of any public |
1157 | record, if the requesting party is entitled by law to view the |
1158 | exempt or confidential record records, notwithstanding the |
1159 | exempt or confidential nature of such public records, as |
1160 | maintained by and in the custody of the clerk of the circuit |
1161 | court as provided in general law and the Florida Rules of |
1162 | Judicial Administration. The clerk of the circuit court may |
1163 | provide the requested public record in an electronic format in |
1164 | lieu of a paper format when capable of being accessed by the |
1165 | requesting entity. |
1166 | Charges |
1167 | (26)(a) For receiving and disbursing all restitution |
1168 | payments, per payment.......................................3.00 |
1169 | (b) For receiving and disbursing all partial payments, |
1170 | other than restitution payments, for which an administrative |
1171 | processing service charge is not imposed pursuant to s. 28.246, |
1172 | per month ..................................................5.00 |
1173 | (c) For setting up a payment plan, a one-time |
1174 | administrative processing charge in lieu of a per month charge |
1175 | under paragraph (b)........................................25.00 |
1176 | Section 16. Subsection (3) of section 28.2401, Florida |
1177 | Statutes, as amended by chapter 2003-402, Laws of Florida, is |
1178 | amended to read: |
1179 | 28.2401 Service charges in probate matters.-- |
1180 | (3) An additional service charge of $4 $2.50 on petitions |
1181 | seeking summary administration, formal administration, ancillary |
1182 | administration, guardianship, curatorship, and conservatorship |
1183 | shall be paid to the clerk. The clerk shall transfer $3.50 the |
1184 | $2.50 to the Department of Revenue for deposit into the Court |
1185 | Education Trust Fund and shall transfer 50 cents to the Clerk of |
1186 | Court Operations Conference to fund clerk education. No |
1187 | additional fees, charges, or costs shall be added to the service |
1188 | charges imposed under this section, except as authorized by |
1189 | general law. |
1190 | Section 17. Section 28.2402, Florida Statutes, as created |
1191 | by chapter 2003-402, Laws of Florida, is amended to read: |
1192 | 28.2402 Cost recovery; use of the circuit court for |
1193 | ordinance or special law violations Additional costs for |
1194 | performance of clerk court-related functions.-- |
1195 | (1)(a) In lieu of payment of a filing fee under s. 28.241, |
1196 | a filing fee of $10 The sum of $200 shall be paid by assessed to |
1197 | a county or municipality when filing a county or municipal code |
1198 | or ordinance violation or violation of a special law in circuit |
1199 | court. This The $200 fee shall be paid to the clerk of the |
1200 | circuit and county court for performing court-related functions. |
1201 | (b) No other filing fee may be assessed for filing the |
1202 | violation in circuit court. If a person contests the violation |
1203 | in court, the court shall assess $40 in costs against the |
1204 | nonprevailing party. The county or municipality shall be |
1205 | considered the prevailing party when there is a finding of |
1206 | violation to any count or lesser included offense of the charge. |
1207 | Costs recovered pursuant to this paragraph shall be deposited |
1208 | into the clerk's fine and forfeiture fund established pursuant |
1209 | to s. 142.01. |
1210 | (2) To offset costs incurred by the clerks of the court in |
1211 | performing court-related functions associated with the |
1212 | processing of violations of special laws and county and |
1213 | municipal ordinances, 30 percent of the total amount of fines |
1214 | paid to each county and municipality for special law or |
1215 | ordinance violations filed in circuit court shall be directed to |
1216 | the clerk of the court for deposit into the clerk's fine and |
1217 | forfeiture fund established pursuant to s. 142.01, except for |
1218 | fines a portion of which the clerk of the court retains pursuant |
1219 | to any other provision of state law. |
1220 | Section 18. Subsections (1) and (2) of section 28.241, |
1221 | Florida Statutes, as amended by chapter 2003-402, Laws of |
1222 | Florida, are amended, and subsections (5) and (6) are added to |
1223 | said section, to read: |
1224 | 28.241 Filing fees for trial and appellate proceedings.-- |
1225 | (1)(a) The party instituting any civil action, suit, or |
1226 | proceeding in the circuit court shall pay to the clerk of that |
1227 | court a filing fee of up to $250 in all cases in which there are |
1228 | not more than five defendants and an additional filing fee of up |
1229 | to $2 for each defendant in excess of five. Of the first $55 |
1230 | $57.50 in filing fees, $50 must be remitted by the clerk to the |
1231 | Department of Revenue for deposit into the General Revenue |
1232 | Fund,; and $5 must be remitted to the Department of Revenue for |
1233 | deposit into the Administrative Trust Fund in the Department of |
1234 | Financial Services to fund the contract with the Florida Clerks |
1235 | Clerk of Court Operations Corporation created in s. 28.35 |
1236 | Operations Conference; and $2.50 shall be paid to the clerk for |
1237 | each civil action brought in circuit or county court, to be |
1238 | remitted by the clerk to the Department of Revenue for deposit |
1239 | into the Court Education Trust Fund. One-third of any filing |
1240 | fees collected by the clerk of the circuit court in excess of |
1241 | $55 $57.50 shall be remitted to the Department of Revenue for |
1242 | deposit into the Department of Revenue Clerks of the Court Trust |
1243 | Fund. An additional filing fee of $4 shall be paid to the clerk. |
1244 | The clerk shall transfer $3.50 to the Department of Revenue for |
1245 | deposit into the Court Education Trust Fund and shall transfer |
1246 | 50 cents to the Clerk of Court Operations Conference to fund |
1247 | clerk education. An additional filing fee of up to $15 shall be |
1248 | paid by the party seeking each severance that is granted. The |
1249 | clerk may impose an additional filing fee of up to $75 for all |
1250 | proceedings of garnishment, attachment, replevin, and distress. |
1251 | Postal charges incurred by the clerk of the circuit court in |
1252 | making service by certified or registered mail on defendants or |
1253 | other parties shall be paid by the party at whose instance |
1254 | service is made. No additional fees, charges, or costs shall be |
1255 | added to the filing fees imposed under this section, except as |
1256 | authorized herein or by general law. |
1257 | (b) A party reopening any civil action, suit, or |
1258 | proceeding in the circuit court shall pay to the clerk of court |
1259 | a filing fee set by the clerk in an amount not to exceed $50. |
1260 | For purposes of this section, a case is reopened when a case |
1261 | previously reported as disposed of is resubmitted to a court and |
1262 | includes petitions for modification of a final judgment of |
1263 | dissolution. A party is exempt from paying the fee for any of |
1264 | the following: |
1265 | 1. A writ of garnishment; |
1266 | 2. A writ of replevin; |
1267 | 3. A distress writ; |
1268 | 4. A writ of attachment; |
1269 | 5. A motion for rehearing filed within 10 days; |
1270 | 6. A motion for attorney's fees filed within 30 days after |
1271 | entry of a judgment or final order; |
1272 | 7. A motion for dismissal filed after a mediation |
1273 | agreement has been filed; |
1274 | 8. A disposition of personal property without |
1275 | administration; |
1276 | 9. Any probate case prior to the discharge of a personal |
1277 | representative; |
1278 | 10. Any guardianship pleading prior to discharge; |
1279 | 11. Any mental health pleading; |
1280 | 12. Motions to withdraw by attorneys; |
1281 | 13. Motions exclusively for the enforcement of child |
1282 | support orders; |
1283 | 14. A petition for credit of child support; |
1284 | 15. Stipulations; |
1285 | 16. Responsive pleadings; or |
1286 | 17. Cases in which there is no initial filing fee. |
1287 | (2) Upon the institution of any appellate proceeding from |
1288 | any lower inferior court to the circuit court of any such |
1289 | county, including appeals filed by a county or municipality as |
1290 | provided in s. 34.041(6), or from the circuit court to an |
1291 | appellate court of the state, the clerk shall charge and collect |
1292 | from the party or parties instituting such appellate proceedings |
1293 | a filing fee not to exceed service charge of up to $250 for |
1294 | filing a notice of appeal from the county court to the circuit |
1295 | an inferior court and, in addition to the filing fee required |
1296 | under s. 25.241 or s. 35.22, $50 or for filing a notice of |
1297 | appeal from the circuit court to the district court of appeal or |
1298 | to the Supreme Court to a higher court. If the party is |
1299 | determined to be indigent, the clerk shall defer payment of the |
1300 | fee. The clerk shall remit the first $50 to the Department of |
1301 | Revenue for deposit into the General Revenue Fund. One-third of |
1302 | the fee collected by the clerk in excess of $50 also shall be |
1303 | remitted to the Department of Revenue for deposit into the |
1304 | Clerks of the Court Trust Fund. |
1305 | (5) Filing fees for the institution or reopening of any |
1306 | civil action, suit, or proceeding in county court shall be |
1307 | charged and collected as provided in s. 34.041. |
1308 | (6) For each attorney appearing pro hac vice, the clerk of |
1309 | the circuit court may impose a fee of up to $100 for deposit |
1310 | into the Clerk of the Courts Trust Fund within the Department of |
1311 | Revenue. |
1312 | Section 19. Section 28.245, Florida Statutes, as amended |
1313 | by chapter 2003-402, Laws of Florida, is amended to read: |
1314 | 28.245 Transmittal of funds to Department of Revenue; |
1315 | uniform remittance form required.--Notwithstanding any other |
1316 | provision of law, all moneys collected by the clerks of the |
1317 | court for subsequent distribution to any state entity must be |
1318 | transmitted electronically to the Department of Revenue for |
1319 | appropriate distribution. A uniform remittance form provided by |
1320 | the Department of Revenue detailing the specific amounts due |
1321 | each fund must accompany such submittal. All moneys collected by |
1322 | the clerks of court for remittance to any entity must be |
1323 | distributed pursuant to the law in effect at the time of |
1324 | collection. |
1325 | Section 20. Section 28.246, Florida Statutes, as created |
1326 | by chapter 2003-402, Laws of Florida, is amended to read: |
1327 | 28.246 Payment of court-related fees, charges, and costs; |
1328 | partial payments; distribution of funds.-- |
1329 | (1) Beginning July 1, 2003, the clerk of the circuit court |
1330 | shall report the following information to the Legislature and |
1331 | the Clerk of Court Operations Conference on a form developed by |
1332 | the Department of Financial Services: |
1333 | (a) The total amount of mandatory fees, services charges, |
1334 | and costs; the total amount actually assessed; the total amount |
1335 | discharged, or waived, or otherwise not assessed; and the total |
1336 | amount collected. |
1337 | (b) The maximum amount of discretionary fees, service |
1338 | charges, and costs authorized; the total amount actually |
1339 | assessed; the total amount discharged or waived; and the total |
1340 | amount collected. |
1341 | (c) The total amount of mandatory fines and other monetary |
1342 | penalties; the total amount assessed; the total amount |
1343 | discharged, or waived, or otherwise not assessed; and the total |
1344 | amount collected. |
1345 | (d) The maximum amount of discretionary fines and other |
1346 | monetary penalties; the total amount assessed; the total amount |
1347 | discharged or waived; and the total amount collected. |
1348 |
|
1349 | If provided to the clerk of court by the judge, the clerk, in |
1350 | reporting the amount assessed, shall separately identify the |
1351 | amount assessed pursuant to s. 938.30 as community service; |
1352 | assessed by reducing the amount to a judgment or lien; satisfied |
1353 | by time served; or other. The form developed by the Chief |
1354 | Financial Officer shall include separate entries for recording |
1355 | these amounts. The clerk shall submit the report on a quarterly |
1356 | basis 30 days after the end of the quarter for the period from |
1357 | July 1, 2003, through June 30, 2004, and on an annual basis |
1358 | thereafter, 60 days after the end of the county fiscal year. |
1359 | (2) The clerk of the circuit court shall establish and |
1360 | maintain a system of accounts receivable for court-related fees, |
1361 | charges, and costs. |
1362 | (3) Court costs, fines, and other dispositional |
1363 | assessments shall be enforced by order of the courts, collected |
1364 | by the clerks of the circuit and county courts, and disbursed in |
1365 | accordance with authorizations and procedures as established by |
1366 | general law. Each clerk of the circuit court shall enter into a |
1367 | payment plan with defendants determined to be indigent and |
1368 | demonstrating an inability to pay court-related fees, charges, |
1369 | and costs in full. |
1370 | (4) The clerk of the circuit court shall accept partial |
1371 | payments for unpaid court-related fees, service charges, and |
1372 | costs, and fines in accordance with the terms of an established |
1373 | payment plan. An individual seeking to defer payment of fees, |
1374 | service charges, costs, or fines imposed by operation of law or |
1375 | order of the court under any provision of general law, and |
1376 | determined by the court to be unable to make payment in full, |
1377 | shall be enrolled by the clerk in a payment program, with |
1378 | periodic payment amounts corresponding to the individual's |
1379 | ability to pay. |
1380 | (5) When receiving partial payment of fees, service |
1381 | charges, court costs, and fines, clerks shall distribute funds |
1382 | according to the following order of priority: |
1383 | (a) That portion of fees, services charges, court costs, |
1384 | and fines payable to the clerk for the operations of the clerk |
1385 | and to be remitted to the state for deposit into the General |
1386 | Revenue Fund. |
1387 | (b) That portion of fees, services charges, court costs, |
1388 | and fines which are required to be retained by the clerk of the |
1389 | court or deposited into the Clerks of the Court Trust Fund. |
1390 | (c)(b) That portion of fees, service charges, court costs, |
1391 | and fines payable to state trust funds, allocated on a pro rata |
1392 | basis among the various authorized funds if the total collection |
1393 | amount is insufficient to fully fund all such funds as provided |
1394 | by law. |
1395 | (d)(c) That portion of fees, service charges, court costs, |
1396 | and fines payable to counties, municipalities, or other local |
1397 | entities, allocated on a pro rata basis among the various |
1398 | authorized recipients if the total collection amount is |
1399 | insufficient to fully fund all such recipients as provided by |
1400 | law. |
1401 |
|
1402 | To offset processing costs, clerks may impose either a per-month |
1403 | service charge pursuant to s. 28.24(26)(b) or a one-time |
1404 | administrative processing service charge at the inception of the |
1405 | payment plan pursuant to s. 28.24(26)(c) retain up to 1 percent |
1406 | of all collections of fees, service charges, court costs, and |
1407 | fines payable to other entities, except where otherwise provided |
1408 | in general law. |
1409 | (6) A clerk of court may pursue the collection of any |
1410 | fees, service charges, fines, court costs, and liens for the |
1411 | payment of attorney's fees and costs pursuant to s. 938.29 or |
1412 | other costs imposed by the court which remain unpaid for 90 days |
1413 | or more, or refer the account such collection to a private |
1414 | attorney who is a member in good standing of The Florida Bar or |
1415 | collection agent who is registered and in good standing pursuant |
1416 | to chapter 559. In pursuing the collection of such unpaid |
1417 | financial obligations through a private attorney or collection |
1418 | agent, the clerk of the court must have attempted to collect the |
1419 | unpaid amount through a collection court, collections docket, or |
1420 | other collections process, if any, established by the court, |
1421 | find determine this to be is cost-effective and follow any |
1422 | applicable procurement practices. The collection fee, including |
1423 | any reasonable attorney's fee, paid to any attorney or |
1424 | collection agent retained by the clerk may be added to the |
1425 | balance owed in an amount not to exceed 40 percent of the amount |
1426 | owed at the time the account is referred to the attorney or |
1427 | agent for collection. |
1428 | Section 21. Section 28.345, Florida Statutes, as created |
1429 | by chapter 2003-402, Laws of Florida, is amended to read: |
1430 | 28.345 Exemption from court-related fees and |
1431 | charges.--Notwithstanding any other provision of this chapter or |
1432 | Notwithstanding any other provision of this chapter or law to |
1433 | the contrary, judges, state attorneys, guardians ad litem, and |
1434 | public defenders, acting in their official capacity; and state |
1435 | agencies; are exempt from all court-related fees and charges |
1436 | assessed by the clerks of the circuit courts. |
1437 | Section 22. Section 28.35, Florida Statutes, as created by |
1438 | chapter 2003-402, Laws of Florida, is amended to read: |
1439 | 28.35 Florida Clerks Clerk of Court Operations Corporation |
1440 | Conference.-- |
1441 | (1)(a) The Florida Clerks of Court Operations Corporation |
1442 | is hereby created as a public corporation organized to perform |
1443 | the functions specified in this section. All clerks of the |
1444 | circuit court shall be members of the corporation and hold their |
1445 | position and authority in an ex officio capacity. The functions |
1446 | assigned to the corporation shall be performed by an executive |
1447 | council pursuant to the plan of operation approved by the |
1448 | members. |
1449 | (b) The executive council shall be composed of The Clerk |
1450 | of Court Operations conference is created and shall be composed |
1451 | of: |
1452 | (a) eight clerks of the court elected by the clerks of the |
1453 | courts for a term of 2 years, with two clerks from counties with |
1454 | a population of fewer than 100,000 residents, two clerks from |
1455 | counties with a population of at least 100,000 residents but |
1456 | fewer than 500,000 residents, two clerks from counties with a |
1457 | population of at least 500,000 residents but fewer than 1 |
1458 | million residents, and two clerks from counties with a |
1459 | population of more than 1 million residents. |
1460 | (c) For the purposes of s. 199.183(1), the corporation |
1461 | shall be considered a political subdivision of the state and |
1462 | shall be exempt from the corporate income tax. The corporation |
1463 | is not subject to the procurement provisions of chapter 287 and |
1464 | policies and decisions of the corporation relating to incurring |
1465 | debt, levying assessments, and the sale, issuance, continuation, |
1466 | terms, and claims under corporation policies, and all services |
1467 | relating thereto, are not subject to the provisions of chapter |
1468 | 120. |
1469 | (d) The functions assigned to the corporation under this |
1470 | section and ss. 28.36 and 28.37 are considered to be for a valid |
1471 | public purpose. |
1472 | (b) The Chief Justice of the Supreme Court or his or her |
1473 | designee. |
1474 | (2) The duties of the corporation conference shall include |
1475 | the following: |
1476 | (a) Adopting a plan of operation. |
1477 | (b) Conducting the election of directors as required in |
1478 | paragraph (1)(a). |
1479 | (c)(a) Periodically Recommending to the Legislature |
1480 | changes in the various court-related fines, fees, service |
1481 | charges, and court costs cost schedules established by law to |
1482 | ensure reasonable and adequate funding of the clerks of the |
1483 | court in the performance of their court-related functions. |
1484 | (d)(b) Pursuant to contract with the Chief Financial |
1485 | Officer, establishing a process for the review and certification |
1486 | approval of proposed court-related proposed budgets submitted by |
1487 | clerks of the court for completeness and compliance with this |
1488 | section and ss. 28.36 and 28.37. This process shall be designed |
1489 | and be of sufficient detail to permit independent verification |
1490 | and validation of the budget certification. The contract shall |
1491 | specify the process to be used in determining compliance by the |
1492 | corporation with this section and ss. 28.36 and 28.37. |
1493 | (e) Assisting the Department of Revenue in calculating the |
1494 | maximum annual budget amount for the standard list of court- |
1495 | related functions that clerks may fund from filing fees, service |
1496 | charges, court costs, and fines retained by the clerks of the |
1497 | court pursuant to the requirements of pursuant to s. 28.36. |
1498 | (c) Certifying to the Legislature, the Governor, the Chief |
1499 | Financial Officer, and the Department of Revenue which clerks of |
1500 | court will have court-related revenues insufficient to fund the |
1501 | anticipated court-related functions of their offices and the |
1502 | actions taken to resolve any deficits pursuant to s. 28.36. |
1503 | (f)(d) Developing and certifying approving a uniform |
1504 | system of performance measures accountability measurements and |
1505 | applicable performance standards for the functions specified in |
1506 | paragraph (4)(a) and each clerk performance in meeting the |
1507 | performance standards of the court. These measures and standards |
1508 | shall be designed to facilitate an objective determination of |
1509 | the performance of each clerk in accordance with minimum |
1510 | standards for must assess the fiscal management, operational |
1511 | efficiency efficient operations, and effective collection of |
1512 | fines, fees, service charges, and court costs using data |
1513 | reported in s. 28.246 as well as other data. When the |
1514 | corporation finds a clerk has not met the performance standards, |
1515 | the corporation shall identify the nature of each deficiency and |
1516 | any corrective action recommended and taken by the affected |
1517 | clerk of the court. |
1518 | (g) Reviewing and certifying proposed budgets submitted by |
1519 | clerks of the court utilizing the process approved by the Chief |
1520 | Financial Officer pursuant to paragraph (c) for the purpose of |
1521 | making the certification in subsection (3)(a). As part of this |
1522 | process, the corporation shall: |
1523 | 1. Calculate the maximum authorized annual budget pursuant |
1524 | to the requirements of s. 28.36. |
1525 | 2. Identify those proposed budgets exceeding the maximum |
1526 | annual budget pursuant to s. 28.36(5) for the standard list of |
1527 | court-related functions. |
1528 | 3. Identify those proposed budgets containing funding for |
1529 | items not included on the standard list of court-related |
1530 | functions developed pursuant to paragraph (3)(a). |
1531 | 4. Identify those clerks projected to have court-related |
1532 | revenues insufficient to fund their anticipated court-related |
1533 | expenditures. |
1534 | (3)(a) The Clerk of Court Operations Corporation shall |
1535 | certify to the President of the Senate, the Speaker of the House |
1536 | of Representatives, the Chief Financial Officer, and the |
1537 | Department of Revenue by October 15 of each year, the amount of |
1538 | the proposed budget certified for each clerk; the revenue |
1539 | projection supporting each clerk's budget; each clerk eligible |
1540 | to retain some or all of the state's share of fines, fees, |
1541 | service charges, and costs; the amount to be paid to each clerk |
1542 | from the Clerks of the Court Trust Fund within the Department of |
1543 | Revenue; the performance measures and standards approved by the |
1544 | conference for each clerk; and the performance of each clerk in |
1545 | meeting the performance standards. |
1546 | (b) Prior to December 1 of each year, the Chief Financial |
1547 | Officer shall review the certifications made by the corporation |
1548 | for the purpose of determining compliance with the approved |
1549 | process and report its findings to the President of the Senate, |
1550 | the Speaker of the House of Representatives and to the |
1551 | Department of Revenue. To determine compliance with this |
1552 | process, the Chief Financial Officer may examine the budgets |
1553 | submitted to the corporation by the clerks. |
1554 | (4)(a) The list of court-related functions clerks may fund |
1555 | from filing fees, service charges, court costs, and fines shall |
1556 | be limited to those functions expressly authorized by law or |
1557 | court rule. Those functions must include the following: case |
1558 | maintenance; records management; court preparation and |
1559 | attendance; processing the assignment, reopening, and |
1560 | reassignment of cases; processing of appeals; collection and |
1561 | distribution of fines, fees, service charges, and court costs; |
1562 | processing of bond forfeiture payments; payment of jurors and |
1563 | witnesses; data collection and reporting; processing of jurors; |
1564 | determinations of indigent status; and reasonable administrative |
1565 | support costs to enable the clerk of the court to carry out |
1566 | these court-related functions. |
1567 | (b) The list of functions clerks may not fund from filing |
1568 | fees, service charges, court costs, and fines shall include: |
1569 | 1. Those functions not specified within paragraph (a). |
1570 | 2. Functions assigned by administrative orders which are |
1571 | not required for the clerk to perform the functions in paragraph |
1572 | (a). |
1573 | 3. Enhanced levels of service which are not required for |
1574 | the clerk to perform the functions in paragraph (a). |
1575 | 4. Functions identified as local requirements or local |
1576 | optional programs. |
1577 | (c)(e) Publishing a uniform schedule of actual maximum |
1578 | fines, fees, service charges, and costs that may be charged by a |
1579 | clerk of the court for court-related functions pursuant to |
1580 | general law that reflects any adjustments based on changes in |
1581 | the Consumer Price Index. Effective July 1, 2004, the schedule |
1582 | shall reflect the maximum fines, fees, service charges, and |
1583 | costs established by general law. The schedule may be adjusted |
1584 | on or after October 1, 2005, and no more frequently than |
1585 | annually thereafter, by the average percentage change in the |
1586 | Consumer Price Index issued by the United States Department of |
1587 | Labor since the last adjustment by the conference. Any |
1588 | adjustment to the schedule authorized in this paragraph must be |
1589 | affirmatively approved by a majority of the clerks of the |
1590 | circuit courts before such adjustments may take effect. |
1591 | (5)(3) The corporation Clerk of Court Operations |
1592 | conference shall be funded pursuant to contract with the Chief |
1593 | Financial Officer. Funds shall be provided to the Chief |
1594 | Financial Officer for this purpose as appropriated by general |
1595 | law maintain a public depository to receive funds for its |
1596 | operations. The Clerk of Court Operations Conference shall |
1597 | receive a portion of the fees collected by the clerk for filing |
1598 | a civil action in circuit court as specified in s. 28.241. These |
1599 | funds shall be available to the corporation conference for the |
1600 | performance of the duties and responsibilities as set forth in |
1601 | this section. The corporation conference may hire staff and pay |
1602 | for other expenses from these funds this fund only as necessary |
1603 | to perform the official duties and responsibilities of the |
1604 | corporation conference as described in this section. |
1605 | (6)(a)(4) The corporation Clerk of Court Operations |
1606 | conference shall submit an annual audited financial statement to |
1607 | the Auditor General in a form and manner prescribed by the |
1608 | Auditor General. The Auditor General shall conduct an annual |
1609 | audit of the operations of the corporation conference, including |
1610 | the use of funds and compliance with the provisions of this |
1611 | section and ss. 28.36 and 28.37. |
1612 | (b) Certified public accountants conducting audits of |
1613 | counties pursuant to s. 218.39 shall report, as part of the |
1614 | audit, whether or not the clerks of the courts have complied |
1615 | with the budgets certified by the Florida Clerk of Courts |
1616 | Operations Corporation pursuant to the budget review process |
1617 | pursuant to contract with the Chief Financial Officer and with |
1618 | the performance standards developed and certified pursuant to |
1619 | this section. The Auditor General shall develop a compliance |
1620 | supplement for the audit of compliance with the budgets and |
1621 | applicable performance standards certified by the corporation. |
1622 | Section 23. Section 28.36, Florida Statutes, as created by |
1623 | chapter 2003-402, Laws of Florida, is amended to read: |
1624 | 28.36 Budget review and approval procedure.--There is |
1625 | hereby established a budget procedure for the court-related |
1626 | functions of the clerks of the court. |
1627 | (1) Only those functions on the standard list developed |
1628 | pursuant to s. 28.35(4)(a) may be funded from fees, service |
1629 | charges, court costs, and fines retained by the clerks of the |
1630 | court. No clerk may use fees, service charges, court costs, and |
1631 | fines in excess of the maximum budget amounts as established in |
1632 | subsection (5). |
1633 | (2)(1) For the period July 1, 2004, through September 30, |
1634 | 2004, and for each county fiscal year ending September 30 |
1635 | thereafter, each clerk of the court shall prepare a budget |
1636 | relating solely to the performance of the standard list of |
1637 | court-related functions pursuant to s. 28.35(4)(a). |
1638 | (3)(2) Each proposed budget shall further conform to the |
1639 | following requirements: |
1640 | (a) On May 1, 2004, for the fiscal period of July 1, 2004, |
1641 | through September 30, 2004, and On or before August 1 for each |
1642 | fiscal year thereafter, the proposed budget shall be prepared, |
1643 | summarized, and submitted by the clerk in each county to the |
1644 | Clerk of Court Operations Corporation Conference in the manner |
1645 | and form prescribed by the corporation pursuant to contract with |
1646 | the Chief Financial Officer conference. The proposed budget must |
1647 | provide detailed information on the anticipated revenues |
1648 | available and expenditures necessary for the performance of the |
1649 | standard list of court-related functions of the clerk's office |
1650 | developed pursuant to s. 28.35(4)(a) for the county fiscal year |
1651 | beginning the following October 1. |
1652 | (b) The proposed budget must be balanced, such that the |
1653 | total of the estimated revenues available must equal or exceed |
1654 | the total of the anticipated expenditures. These revenues |
1655 | include the following: cash balances brought forward from the |
1656 | prior fiscal period; revenue projected to be received from fees, |
1657 | service charges, court costs, and fines for court-related |
1658 | functions during the fiscal period covered by the budget; and |
1659 | supplemental revenue that may be requested pursuant to |
1660 | subsection (4)(3); and the contingency reserve authorized in |
1661 | paragraph (c). The anticipated expenditures must be itemized as |
1662 | required by the corporation, pursuant to contract with the Chief |
1663 | Financial Officer Clerk of Court Operations conference. |
1664 | (c) The proposed budget may include a contingency reserve |
1665 | not to exceed 10 percent of the total budget, provided that, |
1666 | overall, the proposed budget does not exceed the limits |
1667 | prescribed in subsection (5). |
1668 | (4)(3) If a clerk of the court estimates that available |
1669 | funds plus projected revenues from fines, fees, service charges, |
1670 | and costs for court-related services are insufficient to meet |
1671 | the anticipated expenditures for the standard list of court- |
1672 | related functions in s. 28.35(4)(a) performed by his or her |
1673 | office, the clerk must report the budget deficit to the Clerk of |
1674 | Court Operations Corporation conference in the manner and form |
1675 | prescribed by the corporation pursuant to contract with the |
1676 | Chief Financial Officer conference. The corporation conference |
1677 | shall verify that the proposed budget is limited to the standard |
1678 | list of court-related functions in s. 28.35(4)(a) determine |
1679 | whether the clerk is meeting his or her performance standards |
1680 | for the current year relating to fiscal management, efficient |
1681 | operations, and the effective collection of fines, fees, service |
1682 | charges, and costs. |
1683 | (a) If the corporation verifies that the proposed budget |
1684 | is limited to the standard list of court-related functions in s. |
1685 | 28.35(4)(a) conference determines that a clerk is meeting his or |
1686 | her performance standards for fiscal management, operational |
1687 | efficiency,; efficient operations; and effective collection of |
1688 | fines, fees, service charges, and costs; and a revenue deficit |
1689 | is projected, that clerk may shall increase all fines, fees, |
1690 | service charges, and any other court-related clerk fees and |
1691 | charges costs to the maximum amounts specified by law or the |
1692 | amount necessary to resolve the deficit, whichever is less. If, |
1693 | after increasing such fines, fees, service charges, and any |
1694 | other court-related clerk fees and charges to the maximum |
1695 | amounts specified by law costs, a revenue budget deficit is |
1696 | still projected, the corporation conference shall, pursuant to |
1697 | the terms of the contract with the Chief Financial Officer, |
1698 | certify a deficit and notify the Department of Revenue that the |
1699 | that clerk is authorized to retain revenues, in an amount |
1700 | necessary to fully fund the projected revenue deficit, which he |
1701 | or she would otherwise be required to remit to the Department of |
1702 | Revenue for deposit into the Department of Revenue Clerks of the |
1703 | Court Trust Fund pursuant to s. 28.37. If a revenue budget |
1704 | deficit is projected for that clerk after retaining all of the |
1705 | projected collections from the court-related fines, fees, |
1706 | service charges, and costs, the department conference shall |
1707 | certify the amount of the revenue deficit amount to the |
1708 | Executive Office of the Governor and request authority for funds |
1709 | appropriated for this purpose from the department's Clerks of |
1710 | the Court Trust Fund. Pursuant to s. 216.341, and |
1711 | notwithstanding provisions of s. 216.192 related to the release |
1712 | of funds, the Executive Office of the Governor may approve the |
1713 | release of funds appropriated to resolve projected revenue |
1714 | deficits in accordance with the notice, review, and objection |
1715 | procedures set forth in s. 216.177 and shall provide notice to |
1716 | the Chief Financial Officer. An amount equal to the deficit is |
1717 | hereby appropriated each year from The department is directed to |
1718 | request monthly amounts to each clerk certified to have a |
1719 | deficit, in accordance with the releases approved by the |
1720 | Governor of Revenue Clerks of the Court Trust Fund, without |
1721 | further legislative action, period after period, until altered |
1722 | or revoked by the Legislature. The Department of Revenue is |
1723 | directed to make a monthly distribution of equal amounts to each |
1724 | clerk certified to have a deficit until the Clerk of Court |
1725 | Operations Conference certifies a different amount to be |
1726 | distributed. |
1727 | (b) If the Department of Revenue finds the court-related |
1728 | budget proposed by a clerk includes functions not included in |
1729 | the standard list of court-related functions in s. 28.35(3)(a), |
1730 | the department shall notify the clerk of the amount of the |
1731 | proposed budget not eligible to be funded from fees, service |
1732 | charges, costs, and fines for court-related functions. The clerk |
1733 | shall then immediately discontinue the expenditures of funds for |
1734 | this purpose and reimburse the Clerks of the Court Trust Fund |
1735 | for any expenditures incurred to date for these functions The |
1736 | Clerk of Court Operations Conference shall notify the Governor, |
1737 | the President of the Senate, and the Speaker of the House of |
1738 | Representatives prior to taking actions specified in this |
1739 | subsection. The notification shall include a certification by |
1740 | the conference that all of the conditions in this subsection |
1741 | have been met. |
1742 | (4) The Clerk of Court Operations Conference must approve |
1743 | the court-related budget for each clerk in the state, and shall |
1744 | certify to the Legislature by October 15 of each year, the |
1745 | proposed budget amount approved for each clerk's budget; the |
1746 | revenue projection supporting each clerk's budget; each clerk |
1747 | who must retain some or all of the state's share of fines, fees, |
1748 | service charges, and costs; the amount to be paid from the |
1749 | Department of Revenue Clerks of the Court Trust Fund to each |
1750 | clerk; and the performance measures and standards approved by |
1751 | the conference for each clerk. |
1752 | (5)(a) For the county fiscal year October 1, 2004, through |
1753 | September 30, 2005, the maximum annual budget amount for the |
1754 | standard list of court-related functions of the clerks of court |
1755 | in s. 28.35(4)(a) that may be funded from fees, service charges, |
1756 | court costs, and fines retained by the clerks of the court shall |
1757 | authorized by the Clerk of Court Operations Conference for each |
1758 | clerk may not exceed 103 percent of the clerk's estimated actual |
1759 | expenditures for the prior county fiscal year for court-related |
1760 | functions that are required by law effective July 1, 2004. The |
1761 | conference shall use the clerk's actual expenditures for the |
1762 | prior county fiscal year for court-related functions as reported |
1763 | by the Chief Financial Officer based on the county financial |
1764 | reporting required under s. 218.32. |
1765 | (b) For the county fiscal year 2005-2006, the maximum |
1766 | budget amount for the standard list of court-related functions |
1767 | of the clerks of court in s. 28.35(4)(a) that may be funded from |
1768 | fees, service charges, court costs, and fines retained by the |
1769 | clerks of the court authorized by the conference for each clerk |
1770 | budget shall be the approved budget for county fiscal year 2004- |
1771 | 2005 adjusted by the projected percentage change in revenue |
1772 | between the county fiscal years 2004-2005 and 2005-2006. |
1773 | (c) For the county fiscal years 2006-2007 and thereafter, |
1774 | the maximum budget amount for the standard list of court-related |
1775 | functions of the clerks of court in s. 28.35(4)(a) that may be |
1776 | funded from fees, service charges, court costs, and fines |
1777 | retained by the clerks of the court authorized by the conference |
1778 | for each clerk shall be established by first rebasing the prior |
1779 | fiscal year budget to reflect the actual percentage change in |
1780 | the prior fiscal year revenue and then adjusting the rebased |
1781 | prior fiscal year budget by the projected percentage change in |
1782 | revenue for the proposed budget year. The rebasing calculations |
1783 | and maximum annual budget calculations shall be as follows: |
1784 | 1. For county fiscal year 2006-2007, the approved budget |
1785 | for county fiscal year 2004-2005 shall be adjusted for the |
1786 | actual percentage change in revenue between the two 12-month |
1787 | periods ending June 30, 2005, and June 30, 2006. This result is |
1788 | the rebased budget for the county fiscal year 2005-2006. Then |
1789 | the rebased budget for the county fiscal year 2005-2006 shall be |
1790 | adjusted by the projected percentage change in revenue between |
1791 | the county fiscal years 2005-2006 and 2006-2007. This result |
1792 | shall be the maximum annual budget amount for the standard list |
1793 | of court-related functions of the clerks of court in s. |
1794 | 28.35(4)(a) that may be funded from fees, service charges, court |
1795 | costs, and fines retained by the clerks of the court authorized |
1796 | by the conference for each clerk for the county fiscal year |
1797 | 2006-2007. |
1798 | 2. For county fiscal year 2007-2008, the rebased budget |
1799 | for county fiscal year 2005-2006 shall be adjusted for the |
1800 | actual percentage change in revenue between the two 12-month |
1801 | periods ending June 30, 2006, and June 30, 2007. This result is |
1802 | the rebased budget for the county fiscal year 2006-2007. The |
1803 | rebased budget for county fiscal year 2006-2007 shall be |
1804 | adjusted by the projected percentage change in revenue between |
1805 | the county fiscal years 2006-2007 and 2007-2008. This result |
1806 | shall be the maximum annual budget amount for the standard list |
1807 | of court-related functions of the clerks of court in s. |
1808 | 28.35(4)(a) that may be funded from fees, service charges, court |
1809 | costs, and fines retained by the clerks of the court authorized |
1810 | by the conference for each clerk budget for county fiscal year |
1811 | 2007-2008. |
1812 | 3. For county fiscal years 2008-2009 and thereafter, the |
1813 | maximum budget amount for the standard list of court-related |
1814 | functions of the clerks of court in s. 28.35(4)(a) that may be |
1815 | funded from fees, service charges, court costs, and fines |
1816 | retained by the clerks of the court authorized by the conference |
1817 | for each clerk budget shall be calculated as the rebased budget |
1818 | for the prior county fiscal year adjusted by the projected |
1819 | percentage change in revenues between the prior county fiscal |
1820 | year and the county fiscal year for which the maximum budget |
1821 | amount is being authorized. The rebased budget for the prior |
1822 | county fiscal year shall always be calculated by adjusting the |
1823 | rebased budget for the year preceding the prior county fiscal |
1824 | year by the actual percentage change in revenues between the 12- |
1825 | month period ending June 30 of the year preceding the prior |
1826 | county fiscal year and the 12-month period ending June 30 of the |
1827 | prior county fiscal year. |
1828 | (6) The corporation Clerk of Court Operations conference |
1829 | may submit proposed legislation to the Governor, the President |
1830 | of the Senate, and the Speaker of the House of Representatives |
1831 | no later than November 1 in any year for approval of clerk |
1832 | budget request amounts exceeding the restrictions in this |
1833 | section for the following October 1. If proposed legislation is |
1834 | recommended, the corporation conference shall also submit |
1835 | supporting justification with sufficient detail to identify the |
1836 | specific proposed expenditures that would cause the limitations |
1837 | to be exceeded for each affected clerk and the estimated fiscal |
1838 | impact on state revenues. |
1839 | Section 24. Subsection (2) of section 28.37, Florida |
1840 | Statutes, as amended by chapter 2003-402, Laws of Florida, is |
1841 | amended, subsections (3) and (4) of said section are renumbered |
1842 | as subsections (4) and (5), respectively, and amended, and a new |
1843 | subsection (3) is added to said section, to read: |
1844 | 28.37 Fines, fees, service charges, and costs remitted to |
1845 | the state.-- |
1846 | (2) Beginning August 1, 2004, except as otherwise provided |
1847 | in ss. 28.241 and 34.041, one-third of all fines, fees, service |
1848 | charges, and costs collected by the clerks of the court during |
1849 | the prior month for the performance of court-related functions |
1850 | shall be remitted to the Department of Revenue for deposit in |
1851 | the Department of Revenue Clerks of the Court Trust Fund. These |
1852 | collections do not include funding received for the operation of |
1853 | the Title IV-D child support collections and disbursement |
1854 | program. The clerk of the court shall remit the revenues |
1855 | collected during the prior month due to the state on or before |
1856 | the 20th 5th day of each month. The Department of Revenue shall |
1857 | make a monthly transfer of the funds in the Department of |
1858 | Revenue Clerks of the Court Trust Fund that are not needed to |
1859 | resolve clerk of the court revenue budget deficits, as specified |
1860 | in s. 28.36, to the General Revenue Fund. |
1861 | (3) For the period of October 1, 2003, to June 30, 2004, |
1862 | those clerks operating as fee officers for court-related |
1863 | services shall determine the amount of fees collected and |
1864 | expenses generated for court-related services. Any excess fees |
1865 | generated during this period shall be remitted to the county on |
1866 | December 31, 2004. However, any billings for payment of due |
1867 | process services rendered before July 1, 2004, may be paid by |
1868 | the clerk from these funds. Due process services shall include, |
1869 | but not be limited to, court reporter services, court |
1870 | interpreter services, expert witness services, mental health |
1871 | evaluations, and court-appointed counsel services. In addition, |
1872 | any deficit experienced by the clerk for court-related services |
1873 | during the period from October 1, 2003, to June 30, 2004, shall |
1874 | be funded by the county. |
1875 | (4)(3) Beginning January 1, 2005, for the period July 1, |
1876 | 2004, through September 30, 2004, and each January 1 thereafter |
1877 | for the preceding county fiscal year of October 1 through |
1878 | September 30, the clerk of the court must remit to the |
1879 | Department of Revenue for deposit in the General Revenue Fund |
1880 | the cumulative excess of all fees, service charges, court costs, |
1881 | and fines retained by the clerks of the court statutory fines, |
1882 | fees, service charges, and costs collected for the clerk's |
1883 | court-related functions over the amount needed to meet the |
1884 | approved budget amounts established under s. 28.36. |
1885 | (5)(4) The Department of Revenue shall adopt rules |
1886 | governing the remittance of the funds to be transferred to the |
1887 | General Revenue Fund under this section, the required forms and |
1888 | procedures, and penalties for failure to comply. The Department |
1889 | of Revenue shall collect any funds that the corporation Clerk of |
1890 | Court Operations conference determines upon investigation were |
1891 | due on January 1 but not remitted to the department. |
1892 | Section 25. Subsections (3) and (5) of section 29.005, |
1893 | Florida Statutes, as amended by chapter 2003-402, Laws of |
1894 | Florida, are amended to read: |
1895 | 29.005 State attorneys' offices and prosecution |
1896 | expenses.--For purposes of implementing s. 14, Art. V of the |
1897 | -For purposes of implementing s. 14, Art. V of the State |
1898 | Constitution, the elements of the state attorneys' offices to be |
1899 | provided from state revenues appropriated by general law are as |
1900 | follows: |
1901 | (3) Witnesses, including expert witnesses, summoned to |
1902 | appear for an investigation, preliminary hearing, or trial in a |
1903 | criminal case when the witnesses are summoned by a state |
1904 | attorney, and any other expert witnesses required in a court |
1905 | hearing by law or whomever the state attorney deems necessary |
1906 | for the performance of his or her duties. |
1907 | (5) Reasonable transportation services in the performance |
1908 | of constitutional and statutory responsibilities. Motor vehicles |
1909 | provided by counties to state attorneys as of July 1, 2003, and |
1910 | any additional vehicles provided to state attorneys during |
1911 | fiscal year 2003-2004 shall be transferred to the state |
1912 | effective July 1, 2004. |
1913 | Section 26. Subsections (3) and (5) of section 29.006, |
1914 | Florida Statutes, as amended by chapter 2003-402, Laws of |
1915 | Florida, are amended to read: |
1916 | 29.006 Public defenders and indigent defense costs.--For |
1917 | purposes of implementing s. 14, Art. V of the State |
1918 | Constitution, the elements of the public defenders' offices to |
1919 | be provided from state revenues appropriated by general law are |
1920 | as follows: |
1921 | (3) Witnesses, including expert witnesses, summoned to |
1922 | appear for an investigation, preliminary hearing, or trial in a |
1923 | criminal case when the witnesses are summoned on behalf of an |
1924 | indigent defendant, and any other expert witnesses required in a |
1925 | court hearing by law or whomever the public defender deems |
1926 | necessary for the performance of his or her duties approved by |
1927 | the court. |
1928 | (5) Reasonable transportation services in the performance |
1929 | of constitutional and statutory responsibilities. Motor vehicles |
1930 | provided by counties to public defenders as of July 1, 2003, and |
1931 | any additional vehicles provided to public defenders during |
1932 | fiscal year 2003-2004 shall be transferred by title to the state |
1933 | effective July 1, 2004. |
1934 | Section 27. Paragraphs (a), (b), (d), and (f) of |
1935 | subsection (1) and paragraph (a) of subsection (3) of section |
1936 | 29.008, Florida Statutes, as amended by chapter 2003-402, Laws |
1937 | of Florida, are amended, and subsection (4) is added to said |
1938 | section, to read: |
1939 | 29.008 County funding of court-related functions.-- |
1940 | (1) Counties are required by s. 14, Art. V of the State |
1941 | Constitution to fund the cost of communications services, |
1942 | existing radio systems, existing multiagency criminal justice |
1943 | information systems, and the cost of construction or lease, |
1944 | maintenance, utilities, and security of facilities for the |
1945 | circuit and county courts, public defenders' offices, state |
1946 | attorneys' offices, guardian ad litem offices, and the offices |
1947 | of the clerks of the circuit and county courts performing court- |
1948 | related functions. For purposes of implementing these |
1949 | requirements, the term: |
1950 | (a) "Facility" means reasonable and necessary buildings |
1951 | and office space and appurtenant equipment and furnishings, |
1952 | structures, real estate, easements, and related interests in |
1953 | real estate, including, but not limited to, those for the |
1954 | purpose of housing legal materials for use by the general public |
1955 | and personnel, equipment, or functions of the circuit or county |
1956 | courts, public defenders' offices, state attorneys' offices, and |
1957 | court-related functions of the office of the clerks of the |
1958 | circuit and county courts and all storage. The term also |
1959 | includes access to parking for such facilities in connection |
1960 | with such court-related functions that may be available free or |
1961 | from a private provider or a local government for a fee. The |
1962 | office space provided by a county may not be less than the |
1963 | standards for space allotment adopted by the Department of |
1964 | Management Services. County funding must include physical |
1965 | modifications and improvements to all facilities as are required |
1966 | for compliance with the Americans with Disabilities Act. Upon |
1967 | mutual agreement of a county and the affected entity in this |
1968 | paragraph, the office space provided by the county may vary from |
1969 | the standards for space allotment adopted by the Department of |
1970 | Management Services. This section applies only to facilities |
1971 | that are leased, or on which construction commences, after June |
1972 | 30, 2003. |
1973 | 1. As of July 1, 2005, equipment and furnishings shall be |
1974 | limited to that appropriate and customary for courtrooms, jury |
1975 | facilities, and other public areas in courthouses and any other |
1976 | facility occupied by the courts, state attorneys, and public |
1977 | defenders. |
1978 | 2. Equipment and furnishings under this paragraph in |
1979 | existence and owned by counties on July 1, 2005, except for that |
1980 | in the possession of the clerks, for areas other than |
1981 | courtrooms, jury facilities, and other public areas in |
1982 | courthouses and any other facility occupied by the courts, state |
1983 | attorneys, and public defenders, shall be transferred to the |
1984 | state at no charge. |
1985 | (b)1. "Construction or lease" includes, but is not limited |
1986 | to, all reasonable and necessary costs of the acquisition or |
1987 | lease of facilities, equipment, and furnishings for all judicial |
1988 | officers, staff, jurors, volunteers of a tenant agency, and the |
1989 | public for the circuit and county courts, the public defenders' |
1990 | offices, state attorneys' offices, and for performing the court- |
1991 | related functions of the offices of the clerks of the circuit |
1992 | and county courts. This includes expenses related to financing |
1993 | such facilities and the existing and future cost and bonded |
1994 | indebtedness associated with placing the facilities in use. |
1995 | 2. As of July 1, 2005, equipment and furnishings shall be |
1996 | limited to that appropriate and customary for courtrooms, jury |
1997 | facilities, and other public areas in courthouses. |
1998 | 3. Equipment and furnishings under this paragraph in |
1999 | existence and owned by counties on July 1, 2005, for areas other |
2000 | than courtrooms, jury facilities, and other public areas in |
2001 | courthouses, shall be transferred to the state at no charge. |
2002 | (d) "Utilities" means all electricity services for light, |
2003 | heat, and or power; natural or manufactured gas services for |
2004 | light, heat, and or power; water and wastewater services and |
2005 | systems, stormwater or runoff services and systems, sewer |
2006 | services and systems, all costs or fees associated with these |
2007 | services and systems, and any costs or fees associated with the |
2008 | mitigation of environmental impacts directly related to the |
2009 | facility. |
2010 | (f) "Communications services" are defined as any |
2011 | reasonable and necessary transmission, emission, and reception |
2012 | of signs, signals, writings, images, and sounds of intelligence |
2013 | of any nature by wire, radio, optical, or other electromagnetic |
2014 | systems and includes all facilities and equipment owned, leased, |
2015 | or used by judges, clerks, public defenders, state attorneys, |
2016 | and all staff of the state courts system, state attorneys' |
2017 | offices, public defenders' offices, and clerks of the circuit |
2018 | and county courts performing court-related functions. Such |
2019 | system or services shall include, but not be limited to: |
2020 | 1. Telephone system infrastructure, including computer |
2021 | lines, telephone switching equipment, and maintenance, and |
2022 | facsimile, wireless communications, cellular telephones, pagers, |
2023 | and video teleconferencing equipment and line charges. Each |
2024 | county shall continue to provide access to a local carrier for |
2025 | local and long distance service and shall pay toll charges for |
2026 | the local and long distance service. Telephone equipment, |
2027 | including facsimile and video teleconferencing equipment, owned |
2028 | by the counties shall be transferred to the state at no charge, |
2029 | effective July 1, 2004. |
2030 | 2. All computer systems and equipment, including computer |
2031 | hardware and software, modems, printers, wiring, network |
2032 | connections, maintenance, support staff or services including |
2033 | any county-funded support staff located in the offices of the |
2034 | circuit court, county courts, state attorneys, and public |
2035 | defenders, training, supplies, and line charges necessary for an |
2036 | integrated computer system to support the operations and |
2037 | management of the state courts system, the offices of the public |
2038 | defenders, the offices of the state attorneys, and the offices |
2039 | of the clerks of the circuit and county courts and the |
2040 | capability to connect those entities and reporting data to the |
2041 | state as required for the transmission of revenue, performance |
2042 | accountability, case management, data collection, budgeting, and |
2043 | auditing purposes. The integrated computer system shall be |
2044 | operational by July January 1, 2006, and, at a minimum, permit |
2045 | the exchange of financial, performance accountability, case |
2046 | management, case disposition, and other data across multiple |
2047 | state and county information systems involving multiple users at |
2048 | both the state level and within each judicial circuit and must |
2049 | be able to electronically exchange judicial case background |
2050 | data, sentencing guidelines and scoresheets, and video evidence |
2051 | information stored in integrated case management systems over |
2052 | secure networks. Once the integrated system becomes operational, |
2053 | counties may reject requests to purchase communication services |
2054 | included in this subparagraph not in compliance with standards, |
2055 | protocols, or processes adopted by the board established |
2056 | pursuant to s. 29.0085. |
2057 | 3. Courier messenger and subpoena services. |
2058 | 4. Auxiliary aids and services for qualified individuals |
2059 | with a disability which are necessary to ensure access to the |
2060 | courts. Such auxiliary aids and services include, but are not |
2061 | limited to, sign language interpretation services required under |
2062 | the federal Americans with Disabilities Act other than services |
2063 | required to satisfy due process requirements and identified as a |
2064 | state funding responsibility pursuant to ss. 29.004, 29.005, |
2065 | 29.006, and 29.007, real-time transcription services for |
2066 | individuals who are hearing impaired, and assistive listening |
2067 | devices and the equipment necessary to implement such |
2068 | accommodations. |
2069 | (3) The following shall be considered a local requirement |
2070 | pursuant to subparagraph (2)(a)1.: |
2071 | (a) Legal aid programs, which shall be funded at a level |
2072 | equal to or greater than the amount provided from filing fees |
2073 | and surcharges to legal aid programs from October 1, 2002, to |
2074 | September 30, 2003. Counties with a population of less than |
2075 | 75,000 are exempt from this requirement. |
2076 | (4)(a) Except for revenues used for the payment of |
2077 | principal or interest on bonds, tax anticipation certificates, |
2078 | or any other form of indebtedness as allowed under ss. |
2079 | 218.25(1), (2), or (4), the Department of Revenue shall withhold |
2080 | revenue sharing receipts distributed pursuant to part II of |
2081 | chapter 218 from any county not in compliance with the county |
2082 | funding obligations for items specified in paragraphs (1)(a), |
2083 | (c), (d), (e), (f), (g), and (h) and subsection (3). The |
2084 | department shall withhold an amount equal to the difference |
2085 | between the amount spent by the county for the particular item |
2086 | in county fiscal year 2002-2003, the base year, plus 3 percent, |
2087 | and the amount budgeted by the county for these obligations in |
2088 | county fiscal year 2004-2005, if the latter is less than the |
2089 | former. Every year thereafter, the department shall withhold |
2090 | such an amount if the amount budgeted in that year is less than |
2091 | the base year plus 1.5 percent growth per year. On or before |
2092 | December 31, 2004, each county shall send to the department a |
2093 | certified copy of their budget documents for the respective 2 |
2094 | years, separately identifying expenditure amounts for each |
2095 | county funding obligation specified in paragraphs (1)(a), (c), |
2096 | (d), (e), (f), (g), and (h), and subsection (3). Each year |
2097 | thereafter, on or before December 31 of that year, each county |
2098 | shall send a certified copy of its budget document to the |
2099 | department. |
2100 | (b) Beginning in fiscal year 2005-2006, additional amounts |
2101 | shall be withheld pursuant to paragraph (a), if the amount spent |
2102 | in the previous fiscal year on the items specified in paragraphs |
2103 | (1)(a), (c), (d), (e), (f), (g), and (h), and subsection (3) is |
2104 | less than the amount budgeted for those items. Each county shall |
2105 | certify expenditures for these county obligations for the prior |
2106 | fiscal year to the department within 90 days after the end of |
2107 | the fiscal year. |
2108 | (c) The department shall transfer the withheld payments to |
2109 | the General Revenue Fund by March 31 of each year. These |
2110 | payments are hereby appropriated to pay for these |
2111 | responsibilities on behalf of the county. |
2112 | Section 28. Section 29.0086, Florida Statutes, is created |
2113 | to read: |
2114 | 29.0086 Article V Technology Board.-- |
2115 | (1) The Article V Technology Board is created. |
2116 | (2) The board shall be composed of ten members, as |
2117 | follows: |
2118 | (a) A person appointed by the Governor to represent |
2119 | executive branch agencies that maintain information routinely |
2120 | accessed by the courts in performance of official duties. |
2121 | (b) The Chief Justice of the Supreme Court, or his or her |
2122 | designee, who shall serve as chair. |
2123 | (c) A person appointed by the President of the Senate. |
2124 | (d) A person appointed by the Speaker of the House of |
2125 | Representatives. |
2126 | (e) A state attorney, appointed by the Florida Prosecuting |
2127 | Attorneys Association. |
2128 | (f) A public defender, appointed by the Florida Public |
2129 | Defender Association. |
2130 | (g) A court clerk, appointed by the Florida Association of |
2131 | Court Clerks. |
2132 | (h) A county commissioner, appointed by the Florida |
2133 | Association of Counties. |
2134 | (i) A sheriff, appointed by the Florida Sheriff's |
2135 | Association. |
2136 | (j) The executive director of the Department of Law |
2137 | Enforcement, or his or her designee. |
2138 | (3) The board shall: |
2139 | (a) Inventory existing communications services identified |
2140 | in s. 29.008(1)(f) serving the state courts system, state |
2141 | attorneys, public defenders, and clerks of court at both the |
2142 | state level and within each judicial circuit. |
2143 | (b) Propose various alternative models, along with |
2144 | advantages and disadvantages, for achieving system integration. |
2145 | (c) Propose solutions to achieve system integration and |
2146 | data exchange across multiple state and county systems involving |
2147 | multiple users at both the state level and within each judicial |
2148 | circuit through the development of standards and procedures, |
2149 | including common identifiers, common data field elements, data |
2150 | transfer protocols, and a common data dictionary. |
2151 | (d) Propose a governance structure to achieve the |
2152 | necessary coordination among system users at both the state and |
2153 | circuit levels. |
2154 | (e) Propose solutions for maintaining system security to |
2155 | prevent unauthorized access to applications or data. |
2156 | (4) The board shall issue recommendations, together with |
2157 | any statutory changes necessary to implement proposed solutions, |
2158 | to the Legislature by February 1, 2005. |
2159 | Section 29. Subsection (1) of section 29.016, Florida |
2160 | Statutes, as created by chapter 2003-402, Laws of Florida, is |
2161 | amended to read: |
2162 | 29.016 Contingency fund; judicial branch.-- |
2163 | (1) An appropriation may be provided in the General |
2164 | Appropriations Act for the judicial branch to serve as a |
2165 | contingency fund to alleviate deficits in contracted due process |
2166 | services appropriation categories, including private court- |
2167 | appointed counsel categories, that may occur from time to time |
2168 | due to extraordinary events that lead to unexpected |
2169 | expenditures. |
2170 | Section 30. Subsections (1) and (2) of section 34.01, |
2171 | Florida Statutes, are amended to read: |
2172 | 34.01 Jurisdiction of county court.-- |
2173 | (1) County courts shall have original jurisdiction: |
2174 | (a) In all misdemeanor cases not cognizable by the circuit |
2175 | courts; |
2176 | (b) Of all violations of municipal and county ordinances; |
2177 | and |
2178 | (c) Of all actions at law in which the matter in |
2179 | controversy does not exceed the sum of $15,000, exclusive of |
2180 | interest, costs, and attorney's fees, except those within the |
2181 | exclusive jurisdiction of the circuit courts. The party |
2182 | instituting any civil action, suit, or proceeding pursuant to |
2183 | this paragraph where the amount in controversy is in excess of |
2184 | $5,000 shall pay to the clerk of the county court the filing |
2185 | fees and service charges in the same amounts and in the same |
2186 | manner as provided in s. 28.241. |
2187 | (2) The county courts shall have jurisdiction previously |
2188 | exercised by county judges' courts other than that vested in the |
2189 | circuit court by s. 26.012, except that county court judges may |
2190 | hear matters involving dissolution of marriage under the |
2191 | simplified dissolution procedure pursuant to the Rule 1.611(c), |
2192 | Florida Family Rules of Civil Procedure or may issue a final |
2193 | order for dissolution in cases where the matter is uncontested, |
2194 | and the jurisdiction previously exercised by county courts, the |
2195 | claims court, small claims courts, small claims magistrates |
2196 | courts, magistrates courts, justice of the peace courts, |
2197 | municipal courts, and courts of chartered counties, including |
2198 | but not limited to the counties referred to in ss. 9, 10, 11, |
2199 | and 24, Art. VIII of the State Constitution of 1885. |
2200 | Section 31. Section 34.041, Florida Statutes, as amended |
2201 | by chapter 2003-402, Laws of Florida, is amended to read: |
2202 | 34.041 Filing fees.-- |
2203 | (1)(a) Upon the institution of any civil action, suit, or |
2204 | proceeding in county court, the party shall clerk of court may |
2205 | require the plaintiff, when filing an action or proceeding, to |
2206 | pay the following filing fee, not to exceed: |
2207 | 1.(a) For all claims less than |
2208 | $100....................$50. |
2209 | 2.(b) For all claims of $100 or more but not more than |
2210 | $500.........................................................$75 |
2211 | . |
2212 | 3.(c) For all claims of more than $500 but not more than |
2213 | $2,500......................................................$150 |
2214 | . |
2215 | 4.(d) For all claims of more than |
2216 | $2,500..............$250. |
2217 | 5.(e) In addition, for all proceedings of garnishment, |
2218 | attachment, replevin, and |
2219 | distress...........................$75. |
2220 | 6.(f) For removal of tenant |
2221 | action.....................$75. |
2222 | (b) The first $50 of the filing fee collected under |
2223 | subparagraph (a)4. paragraph (d) shall be remitted to the |
2224 | Department of Revenue for deposit into the General Revenue Fund. |
2225 | One-third of any filing fees collected by the clerk under this |
2226 | section paragraph (d) in excess of the first $50 collected under |
2227 | subparagraph (a)4. shall be remitted to the Department of |
2228 | Revenue for deposit into the Department of Revenue Clerks of the |
2229 | Court Trust Fund. An additional filing fee of $4 shall be paid |
2230 | to the clerk. The clerk shall transfer $3.50 to the Department |
2231 | of Revenue for deposit into the Court Education Trust Fund and |
2232 | shall transfer 50 cents to the Clerk of Court Operations |
2233 | Conference to fund clerk education. Postal charges incurred by |
2234 | the clerk of the county court in making service by mail on |
2235 | defendants or other parties shall be paid by the party at whose |
2236 | instance service is made. Except as provided herein, filing fees |
2237 | and service charges for performing duties of the clerk relating |
2238 | to the county court shall be as provided in ss. 28.24 and |
2239 | 28.241. Except as otherwise provided herein, all filing fees |
2240 | shall be retained as fee income of the office of the clerk of |
2241 | circuit court. Filing fees imposed by this section may not be |
2242 | added to any penalty imposed by chapter 316 or chapter 318. |
2243 | (2) A party reopening any civil action, suit, or |
2244 | proceeding in the county court shall pay to the clerk of court a |
2245 | filing fee set by the clerk in an amount not to exceed $25 for |
2246 | all claims of not more than $500 and an amount not to exceed $50 |
2247 | for all claims of more than $500. For purposes of this section, |
2248 | a case is reopened when a case previously reported as disposed |
2249 | of is resubmitted to a court. A party is exempt from paying the |
2250 | fee for any of the following: |
2251 | 1. A writ of garnishment; |
2252 | 2. A writ of replevin; |
2253 | 3. A distress writ; |
2254 | 4. A writ of attachment; |
2255 | 5. A motion for rehearing filed within 10 days; |
2256 | 6. A motion for attorney's fees filed within 30 days of |
2257 | the entry of the judgment or final order; |
2258 | 7. A motion for dismissal filed after a mediation |
2259 | agreement has been filed; |
2260 | 8. A motion to withdraw by attorneys; |
2261 | 9. Stipulations; or |
2262 | 10. Responsive pleadings. |
2263 | (3)(2) If a nonindigent party fails shall fail to pay |
2264 | accrued costs, though able to do so, the judge shall have power |
2265 | to deny that party the right to file any new case while such |
2266 | costs remain unpaid and, likewise, to deny such litigant the |
2267 | right to proceed further in any pending case pending. |
2268 | (4)(3) In criminal proceedings in county courts, costs |
2269 | shall be taxed against a person in county court upon conviction |
2270 | or estreature pursuant to chapter 939. |
2271 | (5)(4) Upon the institution of any appellate proceeding |
2272 | from the county court to the circuit court, including any appeal |
2273 | filed by a county or municipality, the clerk shall charge and |
2274 | collect filing fees as provided in s. 28.241(2) there shall be |
2275 | charged and collected from the party or parties instituting the |
2276 | such appellate proceedings, including appeals filed by a county |
2277 | or municipality, filing fees as provided in chapter 28. If the |
2278 | party is determined to be indigent, the clerk shall defer |
2279 | payment of the fee. |
2280 | (6)(5) A charge or a fee may not be imposed upon a party |
2281 | for responding by pleading, motion, or other paper to a civil or |
2282 | criminal action, suit, or proceeding in a county court or to an |
2283 | appeal to the circuit court. |
2284 | (7)(6) For purposes of this section, the term "party" |
2285 | "plaintiff" includes a county or municipality filing any civil |
2286 | action. |
2287 | (8) From each attorney appearing pro hac vice, the clerk |
2288 | must collect a fee of $100 for deposit into the General Revenue |
2289 | Fund. |
2290 | Section 32. Section 34.045, Florida Statutes, is created |
2291 | to read: |
2292 | 34.045 Cost recovery; use of the county court for |
2293 | ordinance or special law violations.-- |
2294 | (1)(a) In lieu of payment of a filing fee under s. 34.041, |
2295 | a filing fee of $10 shall be paid by a county or municipality |
2296 | when filing a violation of a county or municipal ordinance or a |
2297 | violation of a special law in county court. This fee shall be |
2298 | paid to the clerk of the court for performing court-related |
2299 | functions. |
2300 | (b) No other filing fee may be assessed for filing the |
2301 | violation in county court. If a person contests the violation in |
2302 | court, the court shall assess $40 in costs against the |
2303 | nonprevailing party. The county or municipality shall be |
2304 | considered the prevailing party when there is a finding of |
2305 | violation to any count or lesser included offense of the charge. |
2306 | Cost recovered pursuant to this paragraph shall be deposited |
2307 | into the clerk's fine and forfeiture fund established pursuant |
2308 | to s. 142.01. |
2309 | (2) To offset costs incurred by the clerks of the court in |
2310 | performing court-related functions associated with the |
2311 | processing of violations of special laws and county and |
2312 | municipal ordinances, 30 percent of the total amount of fines |
2313 | paid to each county and municipality for special law or |
2314 | ordinance violations filed in county court shall be directed to |
2315 | the clerk of the court for deposit into the clerk's fine and |
2316 | forfeiture fund established pursuant to s. 142.01, except for |
2317 | fines a portion of which the clerk of the court retains pursuant |
2318 | to any other provision of state law. |
2319 | Section 33. Section 34.191, Florida Statutes, as amended |
2320 | by chapter 2003-402, Laws of Florida, is amended to read: |
2321 | 34.191 Fines and forfeitures; ordinance violations.--All |
2322 | fines and forfeitures arising from offenses tried in the county |
2323 | court shall be collected and accounted for by the clerk of the |
2324 | court and disbursed to the appropriate entities in accordance |
2325 | with ss. 28.2402, 34.045, 142.01, and 142.13 and are subject to |
2326 | the provisions of s. 28.246(5). All fines and forfeitures |
2327 | received from violations of municipal ordinances committed |
2328 | within a municipality within the territorial jurisdiction of the |
2329 | county court shall be paid monthly to the municipality except as |
2330 | provided in s. 318.21 or s. 943.25. All other fines and |
2331 | forfeitures collected by the clerk shall be considered income of |
2332 | the office of the clerk for use in performing court-related |
2333 | duties of the office. |
2334 | Section 34. Subsection (3) of section 35.22, Florida |
2335 | Statutes, is amended to read: |
2336 | 35.22 Clerk of district court; appointment; compensation; |
2337 | assistants; filing fees; teleconferencing.-- |
2338 | (3) The clerk, upon the filing of a certified copy of a |
2339 | notice of appeal or petition, shall charge and collect a filing |
2340 | fee service charge of $250 for each case docketed, and service |
2341 | charges as provided in s. 28.24 for copying, certifying or |
2342 | furnishing opinions, records, papers or other instruments and |
2343 | for other services the same service charges as provided in s. |
2344 | 28.24. The State of Florida or its agencies, when appearing as |
2345 | appellant or petitioner, is exempt from the filing fee required |
2346 | in this subsection. The clerk shall collect from each attorney |
2347 | appearing pro hac vice the fee imposed by the Supreme Court |
2348 | pursuant to s. 25.241. |
2349 | Section 35. Section 39.0134, Florida Statutes, as amended |
2350 | by chapter 2003-402, Laws of Florida, is amended to read: |
2351 | 39.0134 Appointed counsel; compensation.--If counsel is |
2352 | entitled to receive compensation for representation pursuant to |
2353 | a court appointment in a dependency proceeding or a termination |
2354 | of parental rights proceeding pursuant to this chapter, |
2355 | compensation shall be paid in accordance with s. 27.5304. The |
2356 | state may acquire and enforce a lien upon court-ordered payment |
2357 | of attorney's fees and costs in accordance with s. 984.08. |
2358 | Section 36. Section 40.29, Florida Statutes, as amended by |
2359 | chapter 2003-402, Laws of Florida, is amended to read: |
2360 | 40.29 Payment of Clerks to make estimates and requisitions |
2361 | for certain due process costs.-- |
2362 | (1)(a) Each clerk of the circuit court, on behalf of the |
2363 | courts, the state attorney, and the public defender shall |
2364 | forward to the Justice Administrative Commission, by county, a |
2365 | quarterly estimate of funds necessary to pay for witnesses, |
2366 | except for expert witnesses paid pursuant to a contract or other |
2367 | professional services agreement, pursuant to ss. 29.005 and |
2368 | 29.006. |
2369 | (b) Each clerk of the circuit court shall forward to the |
2370 | Office of the State Courts Administrator, by county, a quarterly |
2371 | estimate of funds necessary to pay juror compensation. The clerk |
2372 | of the court in and for any county shall make an estimate of the |
2373 | amount necessary during any quarterly fiscal period beginning |
2374 | July 1 and during each succeeding quarterly fiscal period for |
2375 | the payment by the state of juror compensation and expenses; |
2376 | court reporter, interpreter, and translator services; witnesses, |
2377 | including expert witnesses; mental health professionals; and |
2378 | private court-appointed counsel, each in accordance with the |
2379 | applicable requirements of ss. 29.005, 29.006, and 29.007. The |
2380 | clerk of such court shall forward each such estimate to the |
2381 | Justice Administrative Commission no later than the date |
2382 | scheduled by the Justice Administrative Commission. At the time |
2383 | of any forwarding of such estimate, the clerk of such court |
2384 | shall make a requisition upon the Justice Administrative |
2385 | Commission for the amount of such estimate; and the Justice |
2386 | Administrative Commission may reduce the amount upon finding |
2387 | that the costs are unreasonable, inconsistent with applicable |
2388 | contractual terms, or inconsistent with compensation standards |
2389 | established by general law. |
2390 | (2) Upon receipt of an estimate pursuant to subsection |
2391 | (1), the Justice Administrative Commission or Office of State |
2392 | Courts Administrator, as applicable, shall endorse the amount |
2393 | deemed necessary for payment by the clerk of the court during |
2394 | the quarterly fiscal period and shall submit a request for |
2395 | payment to the Chief Financial Officer. The provisions of |
2396 | chapter 82-176, Laws of Florida, shall take effect July 1, 1982, |
2397 | except that those provisions which provide for the state |
2398 | assumption of witness fees which are currently paid by the |
2399 | counties shall take effect on a date determined by the |
2400 | appropriation of funds for this purpose. |
2401 | (3) Upon receipt of the funds from the Chief Financial |
2402 | Officer, the clerk of the court shall pay all invoices approved |
2403 | and submitted by the state attorney, public defender, and |
2404 | circuit court administrator for the items enumerated in |
2405 | paragraphs (1)(a) and (b). |
2406 | (4) After review for compliance with the rates and |
2407 | requirements set by the circuit Article V indigent services |
2408 | committees, the Article V Indigent Services Advisory Board, and |
2409 | other applicable general laws, the Justice Administrative |
2410 | Commission shall pay all due process service related invoices, |
2411 | except those enumerated in paragraphs (1)(a) and (b), approved |
2412 | and submitted by the state attorney, public defender, or court |
2413 | appointed counsel in accordance with the applicable requirements |
2414 | of ss. 29.005, 29.006, and 29.007. |
2415 | Section 37. Section 40.32, Florida Statutes, is amended to |
2416 | read: |
2417 | 40.32 Clerks to disburse money.--All moneys drawn from the |
2418 | treasury under the provisions of this chapter by the clerk of |
2419 | the court shall be disbursed by the clerk of the court as far as |
2420 | needed in payment of jurors and witnesses, except for expert |
2421 | witnesses paid pursuant to a contract or other professional |
2422 | services agreement pursuant to ss. 29.004, 29.005, 29.006, and |
2423 | 29.007, for the legal compensation for service during the |
2424 | quarterly fiscal period for which said moneys were drawn and for |
2425 | no other purposes. Jurors and witnesses shall be paid by the |
2426 | clerk of the court either in cash or by warrant within 20 days |
2427 | after completion of jury service or of completion of service as |
2428 | a witness. Whenever the clerk of the court pays a juror or |
2429 | witness by cash, said juror or witness shall sign the payroll in |
2430 | the presence of the clerk, a deputy clerk, or some other person |
2431 | designated by the clerk. Whenever the clerk pays a juror or |
2432 | witness by warrant, he or she shall endorse on the payroll |
2433 | opposite the juror's or witness's name the words "Paid by |
2434 | warrant," giving the number and date of the warrant. |
2435 | Section 38. Section 40.33, Florida Statutes, is amended to |
2436 | read: |
2437 | 40.33 Deficiency.--If the funds required for payment of |
2438 | the items enumerated in s. 40.29(1)(a) or (b) in any county |
2439 | compensation of jurors and witnesses during a quarterly fiscal |
2440 | period exceeds the amount of the funds provided pursuant to s. |
2441 | 40.29(3) estimated by the clerk of the court and therefore is |
2442 | insufficient to pay in full the jurors and witnesses, the state |
2443 | attorney or public defender, as applicable, clerk of the court |
2444 | shall make a further request requisition upon the Justice |
2445 | Administrative Commission for the items enumerated in s. |
2446 | 40.29(1)(a) or the clerk of court shall make a further request |
2447 | upon the Office of the State Courts Administrator for items |
2448 | enumerated in s. 40.29(1)(b) for the amount necessary to allow |
2449 | for full payment pay such default, and the amount required shall |
2450 | be transmitted to the clerk of the court by warrant issued by |
2451 | the Chief Financial Officer in the same manner as the original |
2452 | requisition or order. |
2453 | Section 39. Section 40.361, Florida Statutes, is created |
2454 | to read: |
2455 | 40.361 Applicability of laws regarding state budgeting and |
2456 | finances.--The requirements contained within chapter 216, |
2457 | including the provisions of s. 216.192 related to release of |
2458 | funds, chapter 29, including ss. 29.015 and 29.016 related to |
2459 | use of contingency funds for due process services, and all other |
2460 | laws of this state relating to state budgeting and financing |
2461 | shall apply to all processes authorized or required under this |
2462 | chapter for the payment of the items enumerated in s. |
2463 | 40.29(1)(a) and (b). |
2464 | Section 40. Subsection (3) of section 44.103, Florida |
2465 | Statutes, is amended to read: |
2466 | 44.103 Court-ordered, nonbinding arbitration.-- |
2467 | (3) Arbitrators shall be selected and compensated in |
2468 | accordance with rules adopted by the Supreme Court. Arbitrators |
2469 | shall may be compensated by the county or by the parties, or, |
2470 | upon a finding by the court that a party is indigent, an |
2471 | arbitrator may be partially or fully compensated from state |
2472 | funds according to the party's present ability to pay. Prior to |
2473 | approving the use of state funds to reimburse an arbitrator, the |
2474 | court must ensure that the party reimburses the portion of the |
2475 | total cost that the party is immediately able to pay and that |
2476 | the party has agreed to a payment plan established by the clerk |
2477 | of the court that will fully reimburse the state for the balance |
2478 | of all state costs for both the arbitrator and any costs of |
2479 | administering the payment plan and any collection efforts that |
2480 | may be necessary in the future. Compensation for arbitrators |
2481 | shall not exceed $200 per day, unless otherwise agreed by the |
2482 | parties and approved by the court. Whenever possible, qualified |
2483 | individuals who have volunteered their time to serve as |
2484 | arbitrators shall be appointed. If an arbitration program is |
2485 | funded pursuant to s. 44.108, volunteer arbitrators shall be |
2486 | entitled to be reimbursed pursuant to s. 112.061 for all actual |
2487 | expenses necessitated by service as an arbitrator. |
2488 | Section 41. Section 44.108, Florida Statutes, as amended |
2489 | by chapter 2003-402, Laws of Florida, is amended to read: |
2490 | 44.108 Funding of mediation and arbitration.-- |
2491 | (1) Mediation and arbitration should be accessible to all |
2492 | parties regardless of financial status. A filing fee of $1 is |
2493 | levied on all proceedings in the circuit or county courts to |
2494 | fund mediation and arbitration services which are the |
2495 | responsibility of the Supreme Court pursuant to the provisions |
2496 | of s. 44.106. The clerk of the court shall forward the moneys |
2497 | collected to the Department of Revenue for deposit in the state |
2498 | courts' Mediation and Arbitration Trust Fund. |
2499 | (2) When court-ordered mediation services are provided by |
2500 | a circuit court's mediation program, the following fees, unless |
2501 | otherwise established in the General Appropriations Act, shall |
2502 | be collected by the clerk of court: |
2503 | (a) Eighty dollars per person per session in family |
2504 | mediation when the parties' combined income is greater than |
2505 | $50,000, but less than $100,000 per year; |
2506 | (b) Forty dollars per person per session in family |
2507 | mediation when the parties' combined income is less than |
2508 | $50,000; or |
2509 | (c) Fifty dollars per person per session in county court |
2510 | cases. |
2511 |
|
2512 | No mediation fees shall be assessed under this subsection in |
2513 | eviction cases, against a party found to be indigent, or for any |
2514 | small claims action. Fees collected by the clerk of court |
2515 | pursuant to this section shall be used to fund court-ordered |
2516 | mediation. The clerk of court may deduct $1 per fee assessment |
2517 | for processing this fee. |
2518 | Section 42. Subsection (1) of section 45.031, Florida |
2519 | Statutes, is amended to read: |
2520 | 45.031 Judicial sales procedure.--In any sale of real or |
2521 | personal property under an order or judgment, the following |
2522 | procedure may be followed as an alternative to any other sale |
2523 | procedure if so ordered by the court: |
2524 | (1) SALE BY CLERK.--In the order or final judgment, the |
2525 | court shall direct the clerk to sell the property at public sale |
2526 | on a specified day that shall be not less than 20 days or more |
2527 | than 35 days after the date thereof, on terms and conditions |
2528 | specified in the order or judgment. A sale may be held more than |
2529 | 35 days after the date of final judgment or order if the |
2530 | plaintiff or plaintiff's attorney consents to such time. Any |
2531 | sale held more than 35 days after the final judgment or order |
2532 | shall not affect the validity or finality of the final judgment |
2533 | or order or any sale held pursuant thereto. Notice of sale shall |
2534 | be published once a week for 2 consecutive weeks in a newspaper |
2535 | of general circulation, as defined in chapter 50, published in |
2536 | the county where the sale is to be held. The second publication |
2537 | shall be at least 5 days before the sale. The notice shall |
2538 | contain: |
2539 | (a) A description of the property to be sold. |
2540 | (b) The time and place of sale. |
2541 | (c) A statement that the sale will be made pursuant to the |
2542 | order or final judgment. |
2543 | (d) The caption of the action. |
2544 | (e) The name of the clerk making the sale. |
2545 |
|
2546 | The clerk shall receive a service charge of up to $60 $40 for |
2547 | services in making, recording, and certifying the sale and title |
2548 | that shall be assessed as costs. The court, in its discretion, |
2549 | may enlarge the time of the sale. Notice of the changed time of |
2550 | sale shall be published as provided herein. |
2551 | Section 43. Section 50.0711, Florida Statutes, is created |
2552 | to read: |
2553 | 50.0711 Court docket fund; service charges; |
2554 | publications.-- |
2555 | (1) The clerk of the court in each county may establish a |
2556 | court docket fund for the purpose of paying the cost of |
2557 | publication of the fact of the filing of any civil case in the |
2558 | circuit court of the county by the style and of the calendar |
2559 | relating to such cases. This court docket fund shall be funded |
2560 | by a service charge of $1 added to the filing fee for all civil |
2561 | actions, suits, or proceedings filed in the circuit court of the |
2562 | county. The clerk shall maintain such funds separate and apart, |
2563 | and the proceeds from the service charge shall not be diverted |
2564 | to any other fund or for any purpose other than that established |
2565 | in this section. The clerk of the court shall dispense the fund |
2566 | to the designated record newspaper in the county on a quarterly |
2567 | basis. |
2568 | (2) A newspaper qualified under the terms of s. 50.011 |
2569 | shall be designated as the record newspaper for such publication |
2570 | by an order of the majority of the judges in the judicial |
2571 | circuit in which such county is located, and such order shall be |
2572 | filed and recorded with the clerk of the circuit court for such |
2573 | county. The designated record newspaper may be changed at the |
2574 | end of any fiscal year of the county by a majority vote of the |
2575 | judges of the judicial circuit of the county ordering such |
2576 | change 30 days prior to the end of the fiscal year, notice of |
2577 | which order shall be given to the previously designated record |
2578 | newspaper. |
2579 | (3) The publishers of any designated record newspapers |
2580 | receiving payment from this court docket fund shall publish, |
2581 | without additional charge, the fact of the filing of any civil |
2582 | case, suit, or action filed in such county in the circuit. Such |
2583 | publication shall be in accordance with a schedule agreed upon |
2584 | between the record newspaper and the clerk of the court in such |
2585 | county. |
2586 | (4) The publishers of any designated record newspapers |
2587 | receiving revenues from the court docket fund established in |
2588 | subsection (1) shall, without charge, accept legal |
2589 | advertisements for the purpose of service of process by |
2590 | publication under s. 49.011(4), (10), and (11) when such |
2591 | publication is required of persons authorized to proceed as |
2592 | indigent persons under s. 57.081. |
2593 | Section 44. Subsection (5) of section 55.10, Florida |
2594 | Statutes, as amended by chapter 2003-402, Laws of Florida, is |
2595 | amended to read: |
2596 | 55.10 Judgments, orders, and decrees; lien of all, |
2597 | generally; extension of liens; transfer of liens to other |
2598 | security.-- |
2599 | (5) Any lien claimed under this section may be |
2600 | transferred, by any person having an interest in the real |
2601 | property upon which the lien is imposed or the contract under |
2602 | which the lien is claimed, from such real property to other |
2603 | security by either depositing in the clerk's office a sum of |
2604 | money or filing in the clerk's office a bond executed as surety |
2605 | by a surety insurer licensed to do business in this state. Such |
2606 | deposit or bond shall be in an amount equal to the amount |
2607 | demanded in such claim of lien plus interest thereon at the |
2608 | legal rate for 3 years plus $500 to apply on any court costs |
2609 | which may be taxed in any proceeding to enforce said lien. Such |
2610 | deposit or bond shall be conditioned to pay any judgment, order, |
2611 | or decree which may be rendered for the satisfaction of the lien |
2612 | for which such claim of lien was recorded and costs plus $500 |
2613 | for court costs. Upon such deposit being made or such bond being |
2614 | filed, the clerk shall make and record a certificate showing the |
2615 | transfer of the lien from the real property to the security and |
2616 | mail a copy thereof by registered or certified mail to the |
2617 | lienor named in the claim of lien so transferred, at the address |
2618 | stated therein. Upon the filing of the certificate of transfer, |
2619 | the real property shall thereupon be released from the lien |
2620 | claimed, and such lien shall be transferred to said security. |
2621 | The clerk shall be entitled to a service charge fee of up to $15 |
2622 | for making and serving the certificate. If the transaction |
2623 | involves the transfer of multiple liens, an additional service |
2624 | charge of up to $7.50 for each additional lien shall be charged. |
2625 | Any number of liens may be transferred to one such security. |
2626 | Section 45. Subsection (2) of section 55.141, Florida |
2627 | Statutes, as amended by chapter 2003-402, Laws of Florida, is |
2628 | amended to read: |
2629 | 55.141 Satisfaction of judgments and decrees; duties of |
2630 | clerk and judge.-- |
2631 | (2) Upon such payment, the clerk, or the judge if there is |
2632 | no clerk, shall issue his or her receipt therefor and shall |
2633 | record a satisfaction of judgment, provided by the judgment |
2634 | holder, upon payment of the recording charge prescribed in s. |
2635 | 28.24(15)(12) plus the necessary costs of mailing to the clerk |
2636 | or judge. The clerk or judge shall formally notify the owner of |
2637 | record of such judgment or decree, if such person and his or her |
2638 | address are known to the clerk or judge receiving such payment, |
2639 | and, upon request therefor, shall pay over to the person |
2640 | entitled, or to his or her order, the full amount of the payment |
2641 | so received, less his or her service charge fees for providing a |
2642 | receipt upon the court issuing a writ of execution on such |
2643 | judgment or decree, if any has been issued, and less his or her |
2644 | service charge fees for receiving into and paying out of the |
2645 | registry of the court such payment, together with the service |
2646 | charge fees of the clerk for receiving into and paying such |
2647 | money out of the registry of the court. |
2648 | Section 46. Subsections (2), (3), (4), and (5) of section |
2649 | 57.085, Florida Statutes, as amended by chapter 2003-402, Laws |
2650 | of Florida, are amended to read: |
2651 | 57.085 Deferral Waiver of prepayment of court costs and |
2652 | fees for indigent prisoners.-- |
2653 | (2) When a prisoner who is intervening in or initiating a |
2654 | judicial proceeding seeks to defer the prepayment of court costs |
2655 | and fees because of indigence, the prisoner must file an |
2656 | affidavit of indigence with the appropriate clerk of the court. |
2657 | The affidavit must contain complete information about the |
2658 | prisoner's identity; the nature and amount of the prisoner's |
2659 | income; all real property owned by the prisoner; all tangible |
2660 | and intangible property worth more than $100 which is owned by |
2661 | the prisoner; the amount of cash held by the prisoner; the |
2662 | balance of any checking, savings, or money market account held |
2663 | by the prisoner; the prisoner's dependents, including their |
2664 | names and ages; the prisoner's debts, including the name of each |
2665 | creditor and the amount owed to each creditor; and the |
2666 | prisoner's monthly expenses. The prisoner must certify in the |
2667 | affidavit whether the prisoner has been adjudicated indigent |
2668 | under this section, certified indigent under s. 57.081, or |
2669 | authorized to proceed as an indigent under 28 U.S.C. s. 1915 by |
2670 | a federal court. The prisoner must attach to the affidavit a |
2671 | photocopy of the prisoner's trust account records for the |
2672 | preceding 6 months or for the length of the prisoner's |
2673 | incarceration, whichever period is shorter. The affidavit must |
2674 | contain the following statements: "I am presently unable to pay |
2675 | court costs and fees. Under penalty of perjury, I swear or |
2676 | affirm that all statements in this affidavit are true and |
2677 | complete." |
2678 | (3) Before a prisoner may receive a deferral of prepayment |
2679 | of any court costs and fees for an action brought under this |
2680 | section, the clerk of court must review the affidavit and |
2681 | determine certify the prisoner to be is indigent. |
2682 | (4) When the clerk has found the prisoner to be indigent |
2683 | issued a certificate of indigence under this section but |
2684 | concludes the prisoner is able to pay part of the court costs |
2685 | and fees required by law, the court shall order the prisoner to |
2686 | make, prior to service of process, an initial partial payment of |
2687 | those court costs and fees. The initial partial payment must |
2688 | total at least 20 percent of the average monthly balance of the |
2689 | prisoner's trust account for the preceding 6 months or for the |
2690 | length of the prisoner's incarceration, whichever period is |
2691 | shorter. |
2692 | (5) When the clerk has found the prisoner to be indigent |
2693 | issued a certificate of indigence under this section, the court |
2694 | shall order the prisoner to make monthly payments of no less |
2695 | than 20 percent of the balance of the prisoner's trust account |
2696 | as payment of court costs and fees. When a court orders such |
2697 | payment, the Department of Corrections or the local detention |
2698 | facility shall place a lien on the inmate's trust account for |
2699 | the full amount of the court costs and fees, and shall withdraw |
2700 | money maintained in that trust account and forward the money, |
2701 | when the balance exceeds $10, to the appropriate clerk of the |
2702 | court until the prisoner's court costs and fees are paid in |
2703 | full. |
2704 | Section 47. Paragraphs (b), (d), (e), and (f) of |
2705 | subsection (6) of section 61.14, Florida Statutes, as amended by |
2706 | chapter 2003-402, Laws of Florida, are amended to read: |
2707 | 61.14 Enforcement and modification of support, |
2708 | maintenance, or alimony agreements or orders.-- |
2709 | (6) |
2710 | (b)1. When an obligor is 15 days delinquent in making a |
2711 | payment or installment of support and the amount of the |
2712 | delinquency is greater than the periodic payment amount ordered |
2713 | by the court, the local depository shall serve notice on the |
2714 | obligor informing him or her of: |
2715 | a. The delinquency and its amount. |
2716 | b. An impending judgment by operation of law against him |
2717 | or her in the amount of the delinquency and all other amounts |
2718 | which thereafter become due and are unpaid, together with costs |
2719 | and a service charge fee of up to $7.50 $5, for failure to pay |
2720 | the amount of the delinquency. |
2721 | c. The obligor's right to contest the impending judgment |
2722 | and the ground upon which such contest can be made. |
2723 | d. The local depository's authority to release information |
2724 | regarding the delinquency to one or more credit reporting |
2725 | agencies. |
2726 | 2. The local depository shall serve the notice by mailing |
2727 | it by first class mail to the obligor at his or her last address |
2728 | of record with the local depository. If the obligor has no |
2729 | address of record with the local depository, service shall be by |
2730 | publication as provided in chapter 49. |
2731 | 3. When service of the notice is made by mail, service is |
2732 | complete on the date of mailing. |
2733 | (d) The court shall hear the obligor's motion to contest |
2734 | the impending judgment within 15 days after the date of the |
2735 | filing of the motion. Upon the court's denial of the obligor's |
2736 | motion, the amount of the delinquency and all other amounts |
2737 | which thereafter become due, together with costs and a service |
2738 | charge fee of up to $7.50, become a final judgment by operation |
2739 | of law against the obligor. The depository shall charge interest |
2740 | at the rate established in s. 55.03 on all judgments for |
2741 | support. |
2742 | (e) If the obligor fails to file a motion to contest the |
2743 | impending judgment within the time limit prescribed in paragraph |
2744 | (c) and fails to pay the amount of the delinquency and all other |
2745 | amounts which thereafter become due, together with costs and a |
2746 | service charge fee of up to $7.50, such amounts become a final |
2747 | judgment by operation of law against the obligor at the |
2748 | expiration of the time for filing a motion to contest the |
2749 | impending judgment. |
2750 | (f)1. Upon request of any person, the local depository |
2751 | shall issue, upon payment of a service charge fee of up to |
2752 | $7.50, a payoff statement of the total amount due under the |
2753 | judgment at the time of the request. The statement may be relied |
2754 | upon by the person for up to 30 days from the time it is issued |
2755 | unless proof of satisfaction of the judgment is provided. |
2756 | 2. When the depository records show that the obligor's |
2757 | account is current, the depository shall record a satisfaction |
2758 | of the judgment upon request of any interested person and upon |
2759 | receipt of the appropriate recording fee. Any person shall be |
2760 | entitled to rely upon the recording of the satisfaction. |
2761 | 3. The local depository, at the direction of the |
2762 | department, or the obligee in a non-IV-D case, may partially |
2763 | release the judgment as to specific real property, and the |
2764 | depository shall record a partial release upon receipt of the |
2765 | appropriate recording fee. |
2766 | 4. The local depository is not liable for errors in its |
2767 | recordkeeping, except when an error is a result of unlawful |
2768 | activity or gross negligence by the clerk or his or her |
2769 | employees. |
2770 | Section 48. Paragraph (b) of subsection (2) of section |
2771 | 61.181, Florida Statutes, as amended by chapter 2003-402, Laws |
2772 | of Florida, is amended to read: |
2773 | 61.181 Depository for alimony transactions, support, |
2774 | maintenance, and support payments; fees.-- |
2775 | (2) |
2776 | (b)1. For the period of July 1, 1992, through June 30, |
2777 | 2004, The fee imposed in paragraph (a) shall be increased to 4 |
2778 | percent of the support payments which the party is obligated to |
2779 | pay, except that no fee shall be more than $5.25. The fee shall |
2780 | be considered by the court in determining the amount of support |
2781 | that the obligor is, or may be, required to pay. Notwithstanding |
2782 | the provisions of s. 145.022, 75 percent of the additional |
2783 | revenues generated by this paragraph shall be remitted monthly |
2784 | to the Clerk of the Court Child Support Enforcement Collection |
2785 | System Trust Fund administered by the department as provided in |
2786 | subparagraph 2. These funds shall be used exclusively for the |
2787 | development, implementation, and operation of the Clerk of the |
2788 | Court Child Support Enforcement Collection System to be operated |
2789 | by the depositories, including the automation of civil case |
2790 | information necessary for the State Case Registry. The |
2791 | department shall contract with the Florida Association of Court |
2792 | Clerks and the depositories to design, establish, operate, |
2793 | upgrade, and maintain the automation of the depositories to |
2794 | include, but not be limited to, the provision of on-line |
2795 | electronic transfer of information to the IV-D agency as |
2796 | otherwise required by this chapter. The department's obligation |
2797 | to fund the automation of the depositories is limited to the |
2798 | state share of funds available in the Clerk of the Court Child |
2799 | Support Enforcement Collection System Trust Fund. Each |
2800 | depository created under this section shall fully participate in |
2801 | the Clerk of the Court Child Support Enforcement Collection |
2802 | System and transmit data in a readable format as required by the |
2803 | contract between the Florida Association of Court Clerks and the |
2804 | department. |
2805 | 2. Moneys to be remitted to the department by the |
2806 | depository shall be done daily by electronic funds transfer and |
2807 | calculated as follows: |
2808 | a. For each support payment of less than $33, 18.75 cents. |
2809 | b. For each support payment between $33 and $140, an |
2810 | amount equal to 18.75 percent of the fee charged. |
2811 | c. For each support payment in excess of $140, 18.75 |
2812 | cents. |
2813 | 3. The fees established by this section shall be set forth |
2814 | and included in every order of support entered by a court of |
2815 | this state which requires payment to be made into the |
2816 | depository. |
2817 | Section 49. Subsections (1) and (2) of section 125.69, |
2818 | Florida Statutes, as amended by chapter 2003-402, Laws of |
2819 | Florida, are amended, subsections (3), (4), and (5) of said |
2820 | section are renumbered as subsections (2), (3), and (4), |
2821 | respectively, and present subsections (3) and (4) of said |
2822 | section are amended, to read: |
2823 | 125.69 Penalties; enforcement by code inspectors.-- |
2824 | (1) Violations of county ordinances shall be prosecuted in |
2825 | the same manner as misdemeanors are prosecuted. Such violations |
2826 | shall be prosecuted in the name of the state county in a court |
2827 | having jurisdiction of misdemeanors by the prosecuting attorney |
2828 | thereof and upon conviction shall be punished by a fine not to |
2829 | exceed $500 or by imprisonment in the county jail not to exceed |
2830 | 60 days or by both such fine and imprisonment. However, a county |
2831 | may specify, by ordinance, a violation of a county ordinance |
2832 | which is punishable by a fine in an amount exceeding $500, but |
2833 | not exceeding $2,000 a day, if the county must have authority to |
2834 | punish a violation of that ordinance by a fine in an amount |
2835 | greater than $500 in order for the county to carry out a |
2836 | federally mandated program. |
2837 | (2) For the purpose of prosecuting violations of special |
2838 | laws and county ordinances notwithstanding the prosecutorial |
2839 | authority of the state attorney pursuant to s. 27.02(1), the |
2840 | board of county commissioners of each county and the governing |
2841 | board of each charter county may designate as the county's |
2842 | prosecuting attorney an attorney employed by the county or a |
2843 | contract attorney. Subject to the control and oversight of the |
2844 | appointing authority, such attorney may employ assistants as |
2845 | necessary. Such person shall have all powers exercisable by the |
2846 | state attorney in the prosecution of violations of county |
2847 | ordinances under this section as of June 30, 2004. Such person |
2848 | shall be subject to suspension and removal by the Governor and |
2849 | Senate from the exercise of prosecutorial powers in the same |
2850 | manner as state attorneys. |
2851 | (2)(3) Each county is authorized and required to pay any |
2852 | attorney appointed by the court to represent a defendant charged |
2853 | with a criminal violation of a special law or county ordinance |
2854 | not ancillary to a state charge prosecuted under this section if |
2855 | the defendant is indigent and otherwise entitled to court- |
2856 | appointed counsel under provision of an attorney at public |
2857 | expense is required by the Constitution of the United States or |
2858 | the Constitution of the State of Florida and if the party is |
2859 | indigent as established pursuant to s. 27.52. In these such |
2860 | cases, the court shall appoint counsel to represent the |
2861 | defendant in accordance with s. 27.40, and shall order the |
2862 | county to pay the reasonable attorney's fees, expenses, and |
2863 | costs, and related expenses of the of such defense. The county |
2864 | may contract with the public defender of the judicial circuit in |
2865 | which the county is located to serve as court-appointed counsel |
2866 | pursuant to s. 27.54. |
2867 | (3)(4) The county shall bear all court fees and costs of |
2868 | any prosecution under this section, and may, If the county is |
2869 | the prevailing party it prevails, the county may recover the |
2870 | court fees and costs paid by it and the fees and expenses paid |
2871 | to court-appointed counsel as part of its judgment. The state |
2872 | shall bear no expense of actions brought under this section |
2873 | except those that it would bear in an ordinary civil action |
2874 | between private parties in county court. |
2875 | Section 50. Subsection (3) of section 129.02, Florida |
2876 | Statutes, is amended to read: |
2877 | 129.02 Requisites of budgets.--Each budget shall conform |
2878 | to the following specific directions and requirements: |
2879 | (3) The budget for the county fine and forfeiture fund |
2880 | budget shall contain an estimate of receipts by source and |
2881 | balances as provided herein, and an itemized estimate of |
2882 | expenditures that need to be incurred to carry on all criminal |
2883 | prosecution as provided in s. 142.01, and all other law |
2884 | enforcement functions and activities of the county now or |
2885 | hereafter authorized by law, and of indebtedness of the county |
2886 | fine and forfeiture fund; also of the reserve for contingencies |
2887 | and the balance, as hereinbefore provided, which should be |
2888 | carried forward at the end of the year. |
2889 | Section 51. Section 142.01, Florida Statutes, as amended |
2890 | by chapter 2003-402, Laws of Florida, is amended to read: |
2891 | 142.01 Fine and forfeiture fund; clerk of the circuit |
2892 | court.--There shall be established by the clerk of the circuit |
2893 | court in each county of this state a separate fund to be known |
2894 | as the fine and forfeiture fund for use by the clerk of the |
2895 | circuit court in performing court-related functions. The fund |
2896 | shall consist of the following: |
2897 | (1) Fines and penalties pursuant to ss. 28.2402(2), |
2898 | 34.045(2), 316.193, 327.35, 327.72, 372.72(1), and 775.083(1). |
2899 | (2) That portion of civil penalties directed to this fund |
2900 | pursuant to s. 318.21. |
2901 | (3) Court costs pursuant to ss. 28.2402(1)(b), |
2902 | 34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and |
2903 | (11)(a), and 938.05(3). |
2904 | (4) Proceeds from forfeited bail bonds or recognizances |
2905 | pursuant to ss. 321.05(4)(a), 372.72(1), and 903.26(3)(a) all |
2906 | fines and forfeitures collected by the clerk of the court for |
2907 | violations of the penal or traffic laws of the state, except |
2908 | those fines imposed under s. 775.0835(1); allocations of court |
2909 | costs and civil penalties pursuant to ss. 318.18 and 318.21; |
2910 | assessments imposed under ss. 938.21, 938.23, and 938.25; and |
2911 | all costs refunded to the county. |
2912 | Section 52. Section 142.03, Florida Statutes, as amended |
2913 | by chapter 2003-402, Laws of Florida, is amended to read: |
2914 | 142.03 Disposition of fines, forfeitures, and civil |
2915 | penalties to municipalities.--Except as to Fines, forfeitures, |
2916 | and civil penalties collected in cases involving violations of |
2917 | municipal ordinances, violations of chapter 316 committed within |
2918 | a municipality, or infractions under the provisions of chapter |
2919 | 318 committed within a municipality, in which cases such fines, |
2920 | forfeitures, and civil penalties shall be fully paid in full |
2921 | each month monthly to the appropriate municipality as provided |
2922 | in ss. 28.2402, 34.045 34.191, 316.660, and 318.21, and except |
2923 | as to fines imposed under s. 775.0835(1), and assessments |
2924 | imposed under ss. 938.21, 938.23, and 938.25, all fines imposed |
2925 | under the penal laws of this state in all other cases, and the |
2926 | proceeds of all forfeited bail bonds or recognizances in all |
2927 | other cases, shall be paid into the fine and forfeiture fund of |
2928 | the clerk of the county in which the indictment was found or the |
2929 | prosecution commenced, and judgment must be entered therefor in |
2930 | favor of the state for the use by the clerk of the circuit court |
2931 | in performing court-related functions. |
2932 | Section 53. Section 142.09, Florida Statutes, is amended |
2933 | to read: |
2934 | 142.09 If defendant is not convicted or dies.--If the |
2935 | defendant is not convicted, or the prosecution is abated by the |
2936 | death of the defendant, or if the costs are imposed on the |
2937 | defendant and execution against him or her is returned no |
2938 | property found, or if a nolle prosse be entered, in each of |
2939 | these cases the fees of witnesses and officers arising from |
2940 | criminal causes shall be paid by the state county in the manner |
2941 | specified in s. 40.29 ss. 142.10-142.12; provided, that when a |
2942 | committing magistrate holds to bail or commits a person to |
2943 | answer to a criminal charge and an information is not filed or |
2944 | an indictment found against such person, the costs and fees of |
2945 | such committing trial shall not be paid by the state county, |
2946 | except the costs of executing the warrants. |
2947 | Section 54. Subsection (3) is added to section 218.245, |
2948 | Florida Statutes, to read: |
2949 | 218.245 Revenue sharing; apportionment.-- |
2950 | (3) Revenues attributed to the increase in distribution to |
2951 | the Revenue Sharing Trust Fund for Municipalities pursuant to s. |
2952 | 212.20(6)(d)6. from 1.0715 percent to 1.3409 percent provided in |
2953 | chapter 2003-402, Laws of Florida, shall be distributed to each |
2954 | eligible municipality and any unit of local government which is |
2955 | consolidated as provided by s. 9, Article VIII of the State |
2956 | Constitution of 1885, as preserved by s. 6(e), Art. VIII, 1968 |
2957 | revised constitution, as follows: each eligible local |
2958 | government's allocation shall be based on the amount it received |
2959 | from the half-cent sales tax under s. 218.61 in the prior state |
2960 | fiscal year divided by the total receipts under s. 218.61 in the |
2961 | prior state fiscal year for all eligible local governments. For |
2962 | eligible municipalities that began participating in the |
2963 | allocation of half-cent sales tax under s. 218.61 in the |
2964 | previous state fiscal year, their annual receipts shall be |
2965 | calculated by dividing their actual receipts by the number of |
2966 | months they participated, and the result multiplied by 12. |
2967 | Section 55. Subsection (4) of section 218.25, Florida |
2968 | Statutes, as amended by chapter 2003-402, Laws of Florida, is |
2969 | amended to read: |
2970 | 218.25 Limitation of shared funds; holders of bonds |
2971 | protected; limitation on use of second guaranteed entitlement |
2972 | for counties.-- |
2973 | (4) Notwithstanding subsections (1) and (2), a local |
2974 | government may assign, pledge, or set aside as a trust for the |
2975 | payment of principal or interest on bonds, tax anticipation |
2976 | certificates, or any other form of indebtedness an amount of up |
2977 | to 50 percent of the funds received in the prior year and, in |
2978 | the case of any county as defined in s. 125.011(1), from the |
2979 | amounts received from the Revenue Sharing Trust Fund for |
2980 | Counties, an additional amount equal to the amount necessary to |
2981 | secure payment of the principal and interest on bonds issued by |
2982 | the county before July 1, 2003, to finance state court |
2983 | facilities until the date of stated maturity. |
2984 | Section 56. Paragraph (b) of subsection (10) of section |
2985 | 318.14, Florida Statutes, is amended to read: |
2986 | 318.14 Noncriminal traffic infractions; exception; |
2987 | procedures.-- |
2988 | (10) |
2989 | (b) Any person cited for an offense listed in this |
2990 | subsection shall present proof of compliance prior to the |
2991 | scheduled court appearance date. For the purposes of this |
2992 | subsection, proof of compliance shall consist of a valid, |
2993 | renewed, or reinstated driver's license or registration |
2994 | certificate and proper proof of maintenance of security as |
2995 | required by s. 316.646. Notwithstanding waiver of fine, any |
2996 | person establishing proof of compliance shall be assessed court |
2997 | costs of $22, except that a person charged with violation of s. |
2998 | 316.646(1)-(3) may be assessed court costs of $7. One dollar of |
2999 | such costs shall be remitted to the Department of Revenue for |
3000 | deposit into the Child Welfare Training Trust Fund of the |
3001 | Department of Children and Family Services. One dollar of such |
3002 | costs shall be distributed to the Department of Juvenile Justice |
3003 | for deposit into the Juvenile Justice Training Trust Fund. |
3004 | Twelve dollars of such costs shall be distributed to the |
3005 | municipality and $8 shall be deposited by the clerk of the court |
3006 | into the fine and forfeiture fund established pursuant to s. |
3007 | 142.01 retained by the county, if the offense was committed |
3008 | within the municipality. If the offense was committed in an |
3009 | unincorporated area of a county or if the citation was for a |
3010 | violation of s. 316.646(1)-(3), the county shall retain the |
3011 | entire amount shall be deposited by the clerk of the court into |
3012 | the fine and forfeiture fund established pursuant to s. 142.01, |
3013 | except for the moneys to be deposited into the Child Welfare |
3014 | Training Trust Fund and the Juvenile Justice Training Trust |
3015 | Fund. This subsection shall not be construed to authorize the |
3016 | operation of a vehicle without a valid driver's license, without |
3017 | a valid vehicle tag and registration, or without the maintenance |
3018 | of required security. |
3019 | Section 57. Subsection (2) of section 318.15, Florida |
3020 | Statutes, as amended by chapter 2003-402, Laws of Florida, is |
3021 | amended to read: |
3022 | 318.15 Failure to comply with civil penalty or to appear; |
3023 | penalty.-- |
3024 | (2) After suspension of the driver's license and privilege |
3025 | to drive of a person under subsection (1), the license and |
3026 | privilege may not be reinstated until the person complies with |
3027 | all obligations and penalties imposed on him or her under s. |
3028 | 318.18 and presents to a driver license office a certificate of |
3029 | compliance issued by the court, together with a nonrefundable |
3030 | service charge fee of up to $47.50 $37.50 imposed under s. |
3031 | 322.29, or presents a certificate of compliance and pays the |
3032 | aforementioned service charge fee of up to $47.50 $37.50 to the |
3033 | clerk of the court or tax collector clearing such suspension. Of |
3034 | the charge collected by the clerk of the court or the tax |
3035 | collector, $10 shall be remitted to the Department of Revenue to |
3036 | be deposited into the Highway Safety Operating Trust Fund. Such |
3037 | person shall also be in compliance with requirements of chapter |
3038 | 322 prior to reinstatement. |
3039 | Section 58. Paragraph (a) of subsection (11) of section |
3040 | 318.18, Florida Statutes, as amended by chapter 2003-402, Laws |
3041 | of Florida, is amended, and subsection (13) is added to said |
3042 | section, to read: |
3043 | 318.18 Amount of civil penalties.--The penalties required |
3044 | for a noncriminal disposition pursuant to s. 318.14 are as |
3045 | follows: |
3046 | (11)(a) Court costs that are to be In addition to the |
3047 | stated fine, court costs must be paid in an amount not less than |
3048 | the following amounts and shall be deposited by the clerk into |
3049 | the fine and forfeiture fund established pursuant to s. 142.01: |
3050 |
|
3051 | For pedestrian infractions $ 3. |
3052 | For nonmoving traffic infractions $ |
3053 | 16. |
3054 | For moving traffic infractions $ |
3055 | 30. |
3056 | (13) In addition to any penalties imposed for noncriminal |
3057 | traffic infractions pursuant to chapter 318 or imposed for |
3058 | criminal violations listed in s. 318.17, a board of county |
3059 | commissioners may impose by ordinance a surcharge of up to $15 |
3060 | for any infraction or violation for the exclusive purpose of |
3061 | securing payment of the principal and interest on bonds issued |
3062 | by the county to finance state court facilities until the date |
3063 | of stated maturity. The court shall not waive this surcharge. |
3064 | The bonds may be refunded only if savings will be realized on |
3065 | payments of debt service and the refunding bonds are scheduled |
3066 | to mature on the same date or before the bonds being refunded. |
3067 | Section 59. Paragraphs (a), (g), and (h) of subsection (2) |
3068 | and paragraphs (a) and (b) of subsection (3) of section 318.21, |
3069 | Florida Statutes, as amended by chapter 2003-402, Laws of |
3070 | Florida, are amended to read: |
3071 | 318.21 Disposition of civil penalties by county |
3072 | courts.--All civil penalties received by a county court pursuant |
3073 | All civil penalties received by a county court pursuant to the |
3074 | provisions of this chapter shall be distributed and paid monthly |
3075 | as follows: |
3076 | (2) Of the remainder: |
3077 | (a) Twenty and six-tenths percent shall be remitted to the |
3078 | Department of Revenue for deposit into the General Revenue Fund |
3079 | of the state, except that the first $300,000 shall be deposited |
3080 | into the Grants and Donations Trust Fund in the Justice |
3081 | Administrative Commission state courts system for administrative |
3082 | costs, training costs, and costs associated with the |
3083 | implementation and maintenance of Florida foster care citizen |
3084 | review panels in a constitutional charter county as provided for |
3085 | in s. 39.702. |
3086 | (g)1. If the violation occurred within a municipality or a |
3087 | special improvement district of the Seminole Indian Tribe or |
3088 | Miccosukee Indian Tribe, 56.4 percent shall be paid to that |
3089 | municipality or special improvement district and 8.4 percent |
3090 | shall be deposited into the fine and forfeiture fund established |
3091 | pursuant to s. 142.01. |
3092 | 2. If the violation occurred within a municipality, 48 |
3093 | percent shall be paid to that municipality and 8.4 percent shall |
3094 | be deposited to the fine and forfeiture trust fund established |
3095 | pursuant to s. 142.01. |
3096 | 3.2. If the violation occurred within the unincorporated |
3097 | area of a county that is not within a special improvement |
3098 | district of the Seminole Indian Tribe or Miccosukee Indian |
3099 | Tribe, 56.4 percent shall be deposited into the fine and |
3100 | forfeiture fund established pursuant to s. 142.01. |
3101 | (h) Fifteen percent must be deposited into the General |
3102 | Revenue Fund. |
3103 | (3)(a) Moneys paid to a municipality or special |
3104 | improvement district under subparagraph (2)(g)1. must be used to |
3105 | fund local criminal justice training as provided in s. 938.15 |
3106 | when such a program is established by ordinance; to fund a |
3107 | municipal school crossing guard training program; and for any |
3108 | other lawful purpose. |
3109 | (b) Moneys paid to a county under subparagraph (2)(g)2. |
3110 | shall be used to fund local criminal justice training as |
3111 | provided in s. 938.15 when such a program is established by |
3112 | ordinance, to fund a county school crossing guard training |
3113 | program, and for any other lawful purpose. |
3114 | Section 60. Section 318.37, Florida Statutes, is amended |
3115 | to read: |
3116 | 318.37 Funding.--In any county electing to establish a |
3117 | Civil Traffic Infraction Hearing Officer Program under ss. |
3118 | 318.30-318.38 the court shall develop a plan for its |
3119 | implementation and shall submit the plan to the Office of the |
3120 | State Courts Administrator. Funds for the program are to be used |
3121 | for hearing officer salaries, which may not exceed $50 per hour, |
3122 | and other necessary expenses such as hearing officer training, |
3123 | office rental, furniture, and administrative staff salaries, |
3124 | providing and maintaining court facilities and personnel, and |
3125 | other general courthouse expenses. Any county electing to |
3126 | establish such a program shall provide the funds necessary to |
3127 | operate the program. |
3128 | Section 61. Paragraph (a) of subsection (4) of section |
3129 | 321.05, Florida Statutes, is amended to read: |
3130 | 321.05 Duties, functions, and powers of patrol |
3131 | officers.--The members of the Florida Highway Patrol are hereby |
3132 | The members of the Florida Highway Patrol are hereby declared to |
3133 | be conservators of the peace and law enforcement officers of the |
3134 | state, with the common-law right to arrest a person who, in the |
3135 | presence of the arresting officer, commits a felony or commits |
3136 | an affray or breach of the peace constituting a misdemeanor, |
3137 | with full power to bear arms; and they shall apprehend, without |
3138 | warrant, any person in the unlawful commission of any of the |
3139 | acts over which the members of the Florida Highway Patrol are |
3140 | given jurisdiction as hereinafter set out and deliver him or her |
3141 | to the sheriff of the county that further proceedings may be had |
3142 | against him or her according to law. In the performance of any |
3143 | of the powers, duties, and functions authorized by law, members |
3144 | of the Florida Highway Patrol shall have the same protections |
3145 | and immunities afforded other peace officers, which shall be |
3146 | recognized by all courts having jurisdiction over offenses |
3147 | against the laws of this state, and shall have authority to |
3148 | apply for, serve, and execute search warrants, arrest warrants, |
3149 | capias, and other process of the court in those matters in which |
3150 | patrol officers have primary responsibility as set forth in |
3151 | subsection (1). The patrol officers under the direction and |
3152 | supervision of the Department of Highway Safety and Motor |
3153 | Vehicles shall perform and exercise throughout the state the |
3154 | following duties, functions, and powers: |
3155 | (4)(a) All fines and costs and the proceeds of the |
3156 | forfeiture of bail bonds and recognizances resulting from the |
3157 | enforcement of this chapter by patrol officers shall be paid |
3158 | into the fine and forfeiture fund established pursuant to s. |
3159 | 142.01 of the county where the offense is committed. In all |
3160 | cases of arrest by patrol officers, the person arrested shall be |
3161 | delivered forthwith by said officer to the sheriff of the |
3162 | county, or he or she shall obtain from such person arrested a |
3163 | recognizance or, if deemed necessary, a cash bond or other |
3164 | sufficient security conditioned for his or her appearance before |
3165 | the proper tribunal of such county to answer the charge for |
3166 | which he or she has been arrested; and all fees accruing shall |
3167 | be taxed against the party arrested, which fees are hereby |
3168 | declared to be part of the compensation of said sheriffs |
3169 | authorized to be fixed by the Legislature under s. 5(c), Art. II |
3170 | of the State Constitution, to be paid such sheriffs in the same |
3171 | manner as fees are paid for like services in other criminal |
3172 | cases. All patrol officers are hereby directed to deliver all |
3173 | bonds accepted and approved by them to the sheriff of the county |
3174 | in which the offense is alleged to have been committed. However, |
3175 | no sheriff shall be paid any arrest fee for the arrest of a |
3176 | person for violation of any section of chapter 316 when the |
3177 | arresting officer was transported in a Florida Highway Patrol |
3178 | car to the vicinity where the arrest was made; and no sheriff |
3179 | shall be paid any fee for mileage for himself or herself or a |
3180 | prisoner for miles traveled in a Florida Highway Patrol car. No |
3181 | patrol officer shall be entitled to any fee or mileage cost |
3182 | except when responding to a subpoena in a civil cause or except |
3183 | when such patrol officer is appearing as an official witness to |
3184 | testify at any hearing or law action in any court of this state |
3185 | as a direct result of his or her employment as a patrol officer |
3186 | during time not compensated as a part of his or her normal |
3187 | duties. Nothing herein shall be construed as limiting the power |
3188 | to locate and to take from any person under arrest or about to |
3189 | be arrested deadly weapons. Nothing contained in this section |
3190 | shall be construed as a limitation upon existing powers and |
3191 | duties of sheriffs or police officers. |
3192 | Section 62. Section 322.245, Florida Statutes, as amended |
3193 | by chapter 2003-402, Laws of Florida, is amended to read: |
3194 | 322.245 Suspension of license upon failure of person |
3195 | charged with specified offense under chapter 316, chapter 320, |
3196 | or this chapter to comply with directives ordered by traffic |
3197 | court or upon failure to pay child support in non-IV-D cases as |
3198 | provided in chapter 61 or failure to pay any financial |
3199 | obligation in any other criminal case.-- |
3200 | (1) If a person who is charged with a violation of any of |
3201 | the criminal offenses enumerated in s. 318.17 or with the |
3202 | commission of any offense constituting a misdemeanor under |
3203 | chapter 320 or this chapter fails to comply with all of the |
3204 | directives of the court within the time allotted by the court, |
3205 | the clerk of the traffic court shall mail to the person, at the |
3206 | address specified on the uniform traffic citation, a notice of |
3207 | such failure, notifying him or her that, if he or she does not |
3208 | comply with the directives of the court within 30 days after the |
3209 | date of the notice and pay a delinquency fee of up to $15 to the |
3210 | clerk, his or her driver's license will be suspended. The notice |
3211 | shall be mailed no later than 5 days after such failure. The |
3212 | delinquency fee may be retained by the office of the clerk to |
3213 | defray the operating costs of the office. |
3214 | (2) In non-IV-D cases, if a person fails to pay child |
3215 | support under chapter 61 and the obligee so requests, the |
3216 | depository or the clerk of the court shall mail in accordance |
3217 | with s. 61.13016 the notice specified in that section, notifying |
3218 | him or her that if he or she does not comply with the |
3219 | requirements of that section and pay a delinquency fee of $10 to |
3220 | the depository or the clerk, his or her driver's license and |
3221 | motor vehicle registration will be suspended. The delinquency |
3222 | fee may be retained by the depository or the office of the clerk |
3223 | to defray the operating costs of the office. |
3224 | (3) If the person fails to comply with the directives of |
3225 | the court within the 30-day period, or, in non-IV-D cases, fails |
3226 | to comply with the requirements of s. 61.13016 within the period |
3227 | specified in that statute, the depository or the clerk of the |
3228 | court shall notify the department of such failure within 10 |
3229 | days. Upon receipt of the notice, the department shall |
3230 | immediately issue an order suspending the person's driver's |
3231 | license and privilege to drive effective 20 days after the date |
3232 | the order of suspension is mailed in accordance with s. |
3233 | 322.251(1), (2), and (6). |
3234 | (4) After suspension of the driver's license of a person |
3235 | pursuant to subsection (1), subsection (2), or subsection (3) |
3236 | this section, the license may not be reinstated until the person |
3237 | complies with all court directives imposed upon him or her, |
3238 | including payment of the delinquency fee imposed by subsection |
3239 | (1), and presents certification of such compliance to a driver |
3240 | licensing office and complies with the requirements of this |
3241 | chapter or, in the case of a license suspended for nonpayment of |
3242 | child support in non-IV-D cases, until the person complies with |
3243 | the reinstatement provisions of s. 322.058 and makes payment of |
3244 | the delinquency fee imposed by subsection (2). |
3245 | (5)(a) When the department receives notice from a clerk of |
3246 | the court that a person licensed to operate a motor vehicle in |
3247 | this state under the provisions of this chapter has failed to |
3248 | pay financial obligations for any criminal offense other than |
3249 | those specified in subsection (1), in full or in part under a |
3250 | payment plan pursuant to s. 28.246(4), the department shall |
3251 | suspend the license of the person named in the notice. |
3252 | (b) The department must reinstate the driving privilege |
3253 | when the clerk of the court provides an affidavit to the |
3254 | department stating that: |
3255 | 1. The person has satisfied the financial obligation in |
3256 | full or made all payments currently due under a payment plan; |
3257 | 2. The person has entered into a written agreement for |
3258 | payment of the financial obligation if not presently enrolled in |
3259 | a payment plan; or |
3260 | 3. A court has entered an order granting relief to the |
3261 | person ordering the reinstatement of the license. |
3262 | (c) The department shall not be held liable for any |
3263 | license suspension resulting from the discharge of its duties |
3264 | under this section. |
3265 | Section 63. Paragraph (b) of subsection (4) of section |
3266 | 327.73, Florida Statutes, as amended by chapter 2003-402, Laws |
3267 | of Florida, is amended to read: |
3268 | 327.73 Noncriminal infractions.-- |
3269 | (4) Any person charged with a noncriminal infraction under |
3270 | this section may: |
3271 | (b) If he or she has posted bond, forfeit bond by not |
3272 | appearing at the designated time and location. |
3273 |
|
3274 | If the person cited follows either of the above procedures, he |
3275 | or she shall be deemed to have admitted the noncriminal |
3276 | infraction and to have waived the right to a hearing on the |
3277 | issue of commission of the infraction. Such admission shall not |
3278 | be used as evidence in any other proceedings. If a person who is |
3279 | cited for a violation of s. 327.395 can show a boating safety |
3280 | identification card issued to that person and valid at the time |
3281 | of the citation, the clerk of the court may dismiss the case and |
3282 | may assess a $5 dismissal fee of up to $7.50. If a person who is |
3283 | cited for a violation of s. 328.72(13) can show proof of having |
3284 | a registration for that vessel which was valid at the time of |
3285 | the citation, the clerk may dismiss the case and may assess the |
3286 | a $5 dismissal fee. |
3287 | Section 64. Subsection (1) of section 372.72, Florida |
3288 | Statutes, is amended to read: |
3289 | 372.72 Disposition of fines, penalties, and forfeitures.-- |
3290 | (1) All moneys collected from fines, penalties, or |
3291 | forfeitures of bail of persons convicted under this chapter |
3292 | shall be deposited in the fine and forfeiture fund established |
3293 | pursuant to s. 142.01 of the county where such convictions are |
3294 | had, except for the disposition of moneys as provided in |
3295 | subsection (2). |
3296 | Section 65. Section 382.023, Florida Statutes, as amended |
3297 | by chapter 2003-402, Laws of Florida, is amended to read: |
3298 | 382.023 Department to receive dissolution-of-marriage |
3299 | records; fees.--Clerks of the circuit courts shall collect for |
3300 | their services at the time of the filing of a final judgment of |
3301 | dissolution of marriage a fee of up to $10.50, of which 43 |
3302 | percent shall be retained by the clerk of the circuit court as a |
3303 | part of the cost in the cause in which the judgment is granted. |
3304 | The remaining 57 percent shall be remitted to the Department of |
3305 | Revenue for deposit to the Department of Health to defray part |
3306 | of the cost of maintaining the dissolution-of-marriage records. |
3307 | A record of each and every judgment of dissolution of marriage |
3308 | granted by the court during the preceding calendar month, giving |
3309 | names of parties and such other data as required by forms |
3310 | prescribed by the department, shall be transmitted to the |
3311 | department, on or before the 10th day of each month, along with |
3312 | an accounting of the funds remitted to the Department of Revenue |
3313 | pursuant to this section. |
3314 | Section 66. Section 384.288, Florida Statutes, is amended |
3315 | to read: |
3316 | 384.288 Fees and other compensation; payment by board of |
3317 | county commissioners.-- |
3318 | (1) For the services required to be performed under the |
3319 | provisions of ss. 384.27, 384.28, and 384.281, compensation |
3320 | shall be paid as follows: |
3321 | (a) The sheriff shall receive the same fees and mileage as |
3322 | are prescribed for like services in criminal cases. |
3323 | (b) The counsel appointed by the court to represent an |
3324 | indigent person shall receive such reasonable compensation as |
3325 | provided in s. 27.5304 is fixed by the court appointing him or |
3326 | her. |
3327 | (2) All court-related fees, mileage, and charges provided |
3328 | to the sheriff pursuant to paragraph (1)(a) shall be taxed by |
3329 | the court as costs in each proceeding and shall be paid by the |
3330 | board of county commissioners out of the general fund or fine |
3331 | and forfeiture fund of the county. All compensation provided to |
3332 | court-appointed counsel pursuant to paragraph (1)(b) shall be |
3333 | taxed by the court as costs and paid by the state. |
3334 | Section 67. Section 392.68, Florida Statutes, is amended |
3335 | to read: |
3336 | 392.68 Fees and other compensation.-- |
3337 | (1) For the services required to be performed under ss. |
3338 | 392.55, 392.56, 392.57, and 392.62, compensation shall be paid |
3339 | as follows: |
3340 | (a) The sheriff shall receive the same fees and mileage as |
3341 | are prescribed for like services in criminal cases. |
3342 | (b) The counsel appointed by the court to represent an |
3343 | indigent person shall receive such reasonable compensation as |
3344 | provided in s. 27.5304 shall be fixed by the court appointing |
3345 | him or her. |
3346 | (2) All fees, mileage, and charges provided to the sheriff |
3347 | pursuant to paragraph (1)(a) shall be taxed by the court as |
3348 | costs in each proceeding and shall be paid by the board of |
3349 | county commissioners out of the general funds or the fine and |
3350 | forfeiture funds of the county. All compensation provided to |
3351 | court-appointed counsel pursuant to paragraph (1)(b) shall be |
3352 | taxed by the court as costs and paid by the state. |
3353 | Section 68. Section 394.473, Florida Statutes, as amended |
3354 | by chapter 2003-402, Laws of Florida, is amended to read: |
3355 | 394.473 Attorney's fee; expert witness fee.-- |
3356 | (1) In the case of an indigent the indigence of any person |
3357 | for whom an attorney is appointed pursuant to the provisions of |
3358 | this part, the attorney shall be compensated by the state |
3359 | pursuant to s. 27.5304 entitled to a reasonable fee to be |
3360 | determined by the court and paid from the general fund of the |
3361 | county from which the patient was involuntarily detained. In the |
3362 | case of an indigent the indigence of any such person, the court |
3363 | may appoint a public defender. The public defender shall receive |
3364 | no additional compensation other than that usually paid his or |
3365 | her office. |
3366 | (2) In the case of an indigent the indigence of any person |
3367 | for whom expert testimony is required in a court hearing |
3368 | pursuant to the provisions of this act, the expert, except one |
3369 | who is classified as a full-time employee of the state or who is |
3370 | receiving remuneration from the state for his or her time in |
3371 | attendance at the hearing, shall be compensated by the state |
3372 | pursuant to s. 27.5304 entitled to a reasonable fee to be |
3373 | determined by the court and paid from the general fund of the |
3374 | county from which the patient was involuntarily detained. |
3375 | Section 69. Subsection (1) of section 395.3025, Florida |
3376 | Statutes, as amended by chapter 2003-402, Laws of Florida, is |
3377 | amended to read: |
3378 | 395.3025 Patient and personnel records; copies; |
3379 | examination.-- |
3380 | (1) Any licensed facility shall, upon written request, and |
3381 | only after discharge of the patient, furnish, in a timely |
3382 | manner, without delays for legal review, to any person admitted |
3383 | therein for care and treatment or treated thereat, or to any |
3384 | such person's guardian, curator, or personal representative, or |
3385 | in the absence of one of those persons, to the next of kin of a |
3386 | decedent or the parent of a minor, or to anyone designated by |
3387 | such person in writing, a true and correct copy of all patient |
3388 | records, including X rays, and insurance information concerning |
3389 | such person, which records are in the possession of the licensed |
3390 | facility, provided the person requesting such records agrees to |
3391 | pay a charge. The exclusive charge for copies of patient records |
3392 | may include sales tax and actual postage, and, except for |
3393 | nonpaper records that which are subject to a charge not to |
3394 | exceed $2 as provided in s. 28.24(6)(c), may not exceed $1 per |
3395 | page, as provided in s. 28.24(5)(a). A fee of up to $1 may be |
3396 | charged for each year of records requested. These charges shall |
3397 | apply to all records furnished, whether directly from the |
3398 | facility or from a copy service providing these services on |
3399 | behalf of the facility. However, a patient whose records are |
3400 | copied or searched for the purpose of continuing to receive |
3401 | medical care is not required to pay a charge for copying or for |
3402 | the search. The licensed facility shall further allow any such |
3403 | person to examine the original records in its possession, or |
3404 | microforms or other suitable reproductions of the records, upon |
3405 | such reasonable terms as shall be imposed to assure that the |
3406 | records will not be damaged, destroyed, or altered. |
3407 | Section 70. Subsection (5) of section 397.334, Florida |
3408 | Statutes, as amended by chapter 2003-402, Laws of Florida, is |
3409 | amended to read: |
3410 | 397.334 Treatment-based drug court programs.-- |
3411 | (5) If a county chooses to fund a treatment-based drug |
3412 | court program, the county must secure funding from sources other |
3413 | than the state for those costs not otherwise assumed by the |
3414 | state pursuant to s. 29.004. However, this does not preclude |
3415 | counties from using treatment and other service dollars provided |
3416 | through state executive branch agencies. Counties may provide, |
3417 | by interlocal agreement, for the collective funding of these |
3418 | programs. |
3419 | Section 71. Subsection (1) of section 713.24, Florida |
3420 | Statutes, as amended by chapter 2003-402, Laws of Florida, is |
3421 | amended to read: |
3422 | 713.24 Transfer of liens to security.-- |
3423 | (1) Any lien claimed under this part may be transferred, |
3424 | by any person having an interest in the real property upon which |
3425 | the lien is imposed or the contract under which the lien is |
3426 | claimed, from such real property to other security by either: |
3427 | (a) Depositing in the clerk's office a sum of money, or |
3428 | (b) Filing in the clerk's office a bond executed as surety |
3429 | by a surety insurer licensed to do business in this state, |
3430 |
|
3431 | either to be in an amount equal to the amount demanded in such |
3432 | claim of lien, plus interest thereon at the legal rate for 3 |
3433 | years, plus $1,000 or 25 percent of the amount demanded in the |
3434 | claim of lien, whichever is greater, to apply on any attorney's |
3435 | fees and court costs that may be taxed in any proceeding to |
3436 | enforce said lien. Such deposit or bond shall be conditioned to |
3437 | pay any judgment or decree which may be rendered for the |
3438 | satisfaction of the lien for which such claim of lien was |
3439 | recorded. Upon making such deposit or filing such bond, the |
3440 | clerk shall make and record a certificate showing the transfer |
3441 | of the lien from the real property to the security and shall |
3442 | mail a copy thereof by registered or certified mail to the |
3443 | lienor named in the claim of lien so transferred, at the address |
3444 | stated therein. Upon filing the certificate of transfer, the |
3445 | real property shall thereupon be released from the lien claimed, |
3446 | and such lien shall be transferred to said security. In the |
3447 | absence of allegations of privity between the lienor and the |
3448 | owner, and subject to any order of the court increasing the |
3449 | amount required for the lien transfer deposit or bond, no other |
3450 | judgment or decree to pay money may be entered by the court |
3451 | against the owner. The clerk shall be entitled to a service |
3452 | charge fee for making and serving the certificate, in the amount |
3453 | sum of up to $15. If the transaction involves the transfer of |
3454 | multiple liens, an additional charge of up to $7.50 for each |
3455 | additional lien shall be charged. For recording the certificate |
3456 | and approving the bond, the clerk shall receive her or his usual |
3457 | statutory service charges as prescribed in s. 28.24. Any number |
3458 | of liens may be transferred to one such security. |
3459 | Section 72. Subsections (1) and (3) of section 721.83, |
3460 | Florida Statutes, as amended by chapter 2003-402, Laws of |
3461 | Florida, are amended to read: |
3462 | 721.83 Consolidation of foreclosure actions.-- |
3463 | (1) A complaint in a foreclosure proceeding involving |
3464 | timeshare estates may join in the same action multiple defendant |
3465 | obligors and junior interestholders of separate timeshare |
3466 | estates, provided: |
3467 | (a) The foreclosure proceeding involves a single timeshare |
3468 | property.; |
3469 | (b) The foreclosure proceeding is filed by a single |
3470 | plaintiff.; |
3471 | (c) The default and remedy provisions in the written |
3472 | instruments on which the foreclosure proceeding is based are |
3473 | substantially the same for each defendant.; and |
3474 | (d) The nature of the defaults alleged is the same for |
3475 | each defendant. |
3476 | (e) No more than fifteen timeshare estates, without regard |
3477 | to the number of defendants, are joined within the same |
3478 | consolidated foreclosure action. |
3479 | (3) A consolidated timeshare foreclosure action shall be |
3480 | considered a single action, suit, or proceeding for the payment |
3481 | of filing fees and service charges pursuant to general law. In |
3482 | addition to the payment of such filing fees and service charges, |
3483 | an additional filing fee of up to $5 for each timeshare estate |
3484 | joined in that action shall be paid to the clerk of court. The |
3485 | clerk of court shall require a plaintiff to pay separate filing |
3486 | fees and service charges as provided by general law for each |
3487 | defendant in a consolidated foreclosure action filed pursuant to |
3488 | this section. |
3489 | Section 73. Subsection (2) of section 741.01, Florida |
3490 | Statutes, is amended to read: |
3491 | 741.01 County court judge or clerk of the circuit court to |
3492 | issue marriage license; fee.-- |
3493 | (2) The fee charged for each marriage license issued in |
3494 | the state shall be increased by the sum of $25 $30. This fee |
3495 | shall be collected upon receipt of the application for the |
3496 | issuance of a marriage license and remitted by the clerk to the |
3497 | Department of Revenue for deposit in the Domestic Violence Trust |
3498 | Fund. The Executive Office of the Governor shall establish a |
3499 | Domestic Violence Trust Fund for the purpose of collecting and |
3500 | disbursing funds generated from the increase in the marriage |
3501 | license fee. Such funds which are generated shall be directed to |
3502 | the Department of Children and Family Services for the specific |
3503 | purpose of funding domestic violence centers, and the funds |
3504 | shall be appropriated in a "grants-in-aid" category to the |
3505 | Department of Children and Family Services for the purpose of |
3506 | funding domestic violence centers. From the proceeds of the |
3507 | surcharge deposited into the Domestic Violence Trust Fund as |
3508 | required under s. 938.08, the Executive Office of the Governor |
3509 | may spend up to $500,000 each year for the purpose of |
3510 | administering a statewide public-awareness campaign regarding |
3511 | domestic violence. |
3512 | Section 74. Paragraph (b) of subsection (7) of section |
3513 | 744.331, Florida Statutes, is amended to read: |
3514 | 744.331 Procedures to determine incapacity.-- |
3515 | (7) FEES.-- |
3516 | (b) The fees awarded under paragraph (a) shall be paid by |
3517 | the guardian from the property of the ward or, if the ward is |
3518 | indigent, by the state county. The state county shall have a |
3519 | creditor's claim against the guardianship property for any |
3520 | amounts paid under this section. The state may county must file |
3521 | its claim within 90 days after the entry of an order awarding |
3522 | attorney ad litem fees. If the state county does not file its |
3523 | claim within the 90-day period, the state county is thereafter |
3524 | barred from asserting the claim. Upon petition by the state |
3525 | county for payment of the claim, the court shall enter an order |
3526 | authorizing immediate payment out of the property of the ward. |
3527 | The state board of county commissioners shall keep a record of |
3528 | such payments. |
3529 | Section 75. Subsection (6) of section 744.365, Florida |
3530 | Statutes, as amended by chapter 2003-402, Laws of Florida, is |
3531 | amended to read: |
3532 | 744.365 Verified inventory.-- |
3533 | (6) AUDIT FEE.-- |
3534 | (a) Where the value of the ward's property exceeds |
3535 | $25,000, a guardian shall pay from the ward's property to the |
3536 | clerk of the circuit court a fee of up to $75, upon the filing |
3537 | of the verified inventory, for the auditing of the inventory. |
3538 | Upon petition by the guardian, the court may waive the auditing |
3539 | fee upon a showing of insufficient funds in the ward's estate. |
3540 | Any guardian unable to pay the auditing fee may petition the |
3541 | court for waiver of the fee. The court may waive the fee after |
3542 | it has reviewed the documentation filed by the guardian in |
3543 | support of the waiver. |
3544 | (b) An audit fee may not be charged to any ward whose |
3545 | property has a value of less than $25,000. In such case, the |
3546 | audit fee must be paid from the general fund of the county in |
3547 | which the guardianship proceeding is conducted. |
3548 | Section 76. Subsection (4) of section 744.3678, Florida |
3549 | Statutes, as amended by chapter 2003-402, Laws of Florida, is |
3550 | amended to read: |
3551 | 744.3678 Annual accounting.-- |
3552 | (4) The guardian shall pay from the ward's estate to the |
3553 | clerk of the circuit court a fee based upon the following |
3554 | graduated fee schedule, upon the filing of the annual financial |
3555 | return, for the auditing of the return: |
3556 | (a) For estates with a value of $25,000 or less the clerk |
3557 | of the court may charge a fee of up to $15. |
3558 | (b) For estates with a value of more than $25,000 up to |
3559 | and including $100,000 the clerk of the court may charge a fee |
3560 | of up to $75. |
3561 | (c) For estates with a value of more than $100,000 up to |
3562 | and including $500,000 the clerk of the court may charge a fee |
3563 | of up to $150. |
3564 | (d) For estates with a value in excess of $500,000 the |
3565 | clerk of the court may charge a fee of up to $225. |
3566 |
|
3567 | Upon petition by the guardian, the court may waive the auditing |
3568 | fee upon a showing of insufficient funds in the ward's estate. |
3569 | Any guardian unable to pay the auditing fee may petition the |
3570 | court for a waiver of the fee. The court may waive the fee after |
3571 | it has reviewed the documentation filed by the guardian in |
3572 | support of the waiver. |
3573 | Section 77. Subsection (2) of section 766.104, Florida |
3574 | Statutes, is amended to read: |
3575 | 766.104 Pleading in medical negligence cases; claim for |
3576 | punitive damages; authorization for release of records for |
3577 | investigation.-- |
3578 | (2) Upon petition to the clerk of the court where the suit |
3579 | will be filed and payment to the clerk of a filing fee, not to |
3580 | exceed $37.50 $25, established by the chief judge, an automatic |
3581 | 90-day extension of the statute of limitations shall be granted |
3582 | to allow the reasonable investigation required by subsection |
3583 | (1). This period shall be in addition to other tolling periods. |
3584 | No court order is required for the extension to be effective. |
3585 | The provisions of this subsection shall not be deemed to revive |
3586 | a cause of action on which the statute of limitations has run. |
3587 | Section 78. Subsection (2) of section 903.035, Florida |
3588 | Statutes, is amended to read: |
3589 | 903.035 Applications for bail; information provided; |
3590 | hearing on application for modification; penalty for providing |
3591 | false or misleading information or omitting material |
3592 | information.-- |
3593 | (2) An application for modification of bail on any felony |
3594 | charge must be heard by a court in person, at a hearing with the |
3595 | defendant present, and with at least 3 hours' notice to the |
3596 | state attorney and the county attorney. |
3597 | Section 79. Paragraph (a) of subsection (3) and subsection |
3598 | (8) of section 903.26, Florida Statutes, are amended to read: |
3599 | 903.26 Forfeiture of the bond; when and how directed; |
3600 | discharge; how and when made; effect of payment.-- |
3601 | (3) Sixty days after the forfeiture notice has been |
3602 | mailed: |
3603 | (a) State and county officials having custody of forfeited |
3604 | money shall deposit the money in the county fine and forfeiture |
3605 | fund established pursuant to s. 142.01; |
3606 | (8) If the defendant is arrested and returned to the |
3607 | county of jurisdiction of the court prior to judgment, the |
3608 | clerk, upon affirmation by the sheriff or the chief correctional |
3609 | officer, shall, without further order of the court, discharge |
3610 | the forfeiture of the bond. However, if the surety agent fails |
3611 | to pay the costs and expenses incurred in returning the |
3612 | defendant to the county of jurisdiction, the clerk shall not |
3613 | discharge the forfeiture of the bond. If the surety agent and |
3614 | the state county attorney fail to agree on the amount of said |
3615 | costs, then the court, after notice to the state county |
3616 | attorney, shall determine the amount of the costs. |
3617 | Section 80. Subsection (8) of section 903.28, Florida |
3618 | Statutes, is amended to read: |
3619 | 903.28 Remission of forfeiture; conditions.-- |
3620 | (8) An application for remission must be accompanied by |
3621 | affidavits setting forth the facts on which it is founded; |
3622 | however, the surety must establish by further documentation or |
3623 | other evidence any claimed attempt at procuring or causing the |
3624 | apprehension or surrender of the defendant before the court may |
3625 | order remission based upon an attempt to procure or cause such |
3626 | apprehension or surrender. The state attorney and the county |
3627 | attorney must be given 20 days' notice before a hearing on an |
3628 | application and be furnished copies of all papers, applications, |
3629 | and affidavits. Remission shall be granted on the condition of |
3630 | payment of costs, unless the ground for remission is that there |
3631 | was no breach of the bond. |
3632 | Section 81. Section 925.09, Florida Statutes, is amended |
3633 | to read: |
3634 | 925.09 Authority of state attorney to order |
3635 | autopsies.--The state attorney may have an autopsy performed, |
3636 | The state attorney may have an autopsy performed, before or |
3637 | after interment, on a dead body found in the county when she or |
3638 | he decides it is necessary in determining whether or not death |
3639 | was the result of a crime. Physicians performing the autopsy |
3640 | shall be paid reasonable fees by from the county fine and |
3641 | forfeiture fund upon the approval of the county commission and |
3642 | the state attorney ordering the autopsy. |
3643 | Section 82. Subsection (4) of section 938.29, Florida |
3644 | Statutes, as amended by chapter 2003-402, Laws of Florida, is |
3645 | amended, and subsections (5) and (6) of said section are |
3646 | renumbered as subsections (4) and (5), respectively, to read: |
3647 | 938.29 Legal assistance; lien for payment of attorney's |
3648 | fees or costs.-- |
3649 | (4) The clerk of the county claiming such lien is |
3650 | authorized to contract with a private attorney or collection |
3651 | agency for collection of such debts or liens, provided the fee |
3652 | for such collection shall be on a contingent basis not to exceed |
3653 | 50 percent of the recovery. However, no fee shall be paid to any |
3654 | collection agency by reason of foreclosure proceedings against |
3655 | real property or from the proceeds from the sale or other |
3656 | disposition of real property. |
3657 | Section 83. Section 938.35, Florida Statutes, as amended |
3658 | by chapter 2003-402, Laws of Florida, is amended to read: |
3659 | 938.35 Collection of court-related financial |
3660 | obligations.--The board of county commissioners or the governing |
3661 | -The board of county commissioners or the governing body of a |
3662 | municipality may pursue the collection of any fees, service |
3663 | charges, fines, court costs, or other costs to which it is |
3664 | entitled which remain unpaid for 90 days or more, or refer the |
3665 | account such collection to a private attorney who is a member in |
3666 | good standing of The Florida Bar or collection agent who is |
3667 | registered and in good standing pursuant to chapter 559. In |
3668 | pursuing the collection of such unpaid financial obligations |
3669 | through a private attorney or collection agent, the board of |
3670 | county commissioners or the governing body of a municipality |
3671 | must determine this is cost-effective and follow applicable |
3672 | procurement practices. The collection fee, including any |
3673 | reasonable attorney's fee, paid to any attorney or collection |
3674 | agent retained by the board of county commissioners or the |
3675 | governing body of a municipality may be added to the balance |
3676 | owed, in an amount not to exceed 40 percent of the amount owed |
3677 | at the time the account is referred to the attorney or agents |
3678 | for collection. |
3679 | Section 84. Section 939.185, Florida Statutes, is created |
3680 | to read: |
3681 | 939.185 Assessment of additional court costs.-- |
3682 | (1)(a) The board of county commissioners may adopt by |
3683 | ordinance an additional court cost, not to exceed $60, to be |
3684 | imposed by the court when a person pleads guilty or nolo |
3685 | contendere to, or is found guilty of, any felony, misdemeanor, |
3686 | or criminal traffic offense under the laws of this state. Such |
3687 | additional assessment shall be accounted for separately by the |
3688 | county in which the offense occurred and be used only in the |
3689 | county imposing this cost, to be allocated as follows: |
3690 | 1. Thirty-four percent of the amount collected shall be |
3691 | allocated to each judicial circuit to fund innovations to |
3692 | supplement state funding for the elements of the state courts |
3693 | system identified in s. 29.004 and county funding for local |
3694 | requirements under s. 29.008(2)(a)2. The funds shall be |
3695 | separately accounted for within the Grants and Donations Trust |
3696 | Fund of the state courts according to the amount received in |
3697 | each circuit. |
3698 | 2. Twenty-two percent of the amount collected shall be |
3699 | allocated to assist counties in providing legal aid programs |
3700 | required under s. 29.008(3)(a). |
3701 | 3. Twenty-two percent of the amount collected shall be |
3702 | allocated to fund legal materials for the public as part of a |
3703 | law library. |
3704 | 4. Twenty-two percent of the amount collected shall be |
3705 | used as determined by the board of county commissioners to |
3706 | support teen court programs and other juvenile alternative |
3707 | programs. |
3708 |
|
3709 | Any unspent funds at the close of the county fiscal year |
3710 | allocated under subparagraphs 2., 3., and 4., shall be |
3711 | transferred for use pursuant to subparagraph 1. |
3712 | (b) The disbursement of costs collected under this section |
3713 | shall be subordinate in priority order of disbursement to all |
3714 | other state-imposed costs authorized in this chapter, |
3715 | restitution or other compensation to victims, and child support |
3716 | payments. |
3717 | (2) The court shall order a person to pay the additional |
3718 | court cost. If the person is determined to be indigent, the |
3719 | clerk shall defer payment of this cost. |
3720 | Section 85. Paragraph (l) of subsection (1) of section |
3721 | 960.001, Florida Statutes, as amended by chapter 2003-402, Laws |
3722 | of Florida, is amended to read: |
3723 | 960.001 Guidelines for fair treatment of victims and |
3724 | witnesses in the criminal justice and juvenile justice |
3725 | systems.-- |
3726 | (1) The Department of Legal Affairs, the state attorneys, |
3727 | the Department of Corrections, the Department of Juvenile |
3728 | Justice, the Parole Commission, the State Courts Administrator |
3729 | and circuit court administrators, the Department of Law |
3730 | Enforcement, and every sheriff's department, police department, |
3731 | or other law enforcement agency as defined in s. 943.10(4) shall |
3732 | develop and implement guidelines for the use of their respective |
3733 | agencies, which guidelines are consistent with the purposes of |
3734 | this act and s. 16(b), Art. I of the State Constitution and are |
3735 | designed to implement the provisions of s. 16(b), Art. I of the |
3736 | State Constitution and to achieve the following objectives: |
3737 | (l) Local witness coordination services.--The requirements |
3738 | for notification provided for in paragraphs (c)(b), (d), (f), |
3739 | and (i) may be performed by the state attorney or public |
3740 | defender for their own witnesses as provided in s. 27.0065, as |
3741 | appropriate. |
3742 | Section 86. Subsections (2) and (3) of section 985.203, |
3743 | Florida Statutes, as amended by chapter 2003-402, Laws of |
3744 | Florida, are amended to read: |
3745 | 985.203 Right to counsel.-- |
3746 | (2) If the parents or legal guardian of an indigent child |
3747 | are not indigent but refuse to employ counsel, the court shall |
3748 | appoint counsel pursuant to s. 27.52(3)(d) to represent the |
3749 | child at the detention hearing and until counsel is provided. |
3750 | Costs of representation are hereby imposed as provided by ss. |
3751 | 27.52(3)(d) and 938.29. Thereafter, the court shall not appoint |
3752 | counsel for an indigent child with nonindigent parents or legal |
3753 | guardian but shall order the parents or legal guardian to obtain |
3754 | private counsel. A parent or legal guardian of an indigent child |
3755 | who has been ordered to obtain private counsel for the child and |
3756 | who willfully fails to follow the court order shall be punished |
3757 | by the court in civil contempt proceedings. |
3758 | (3) An indigent child with nonindigent parents or legal |
3759 | guardian may have counsel appointed pursuant to s. 27.52(2)(d) |
3760 | if the parents or legal guardian have willfully refused to obey |
3761 | the court order to obtain counsel for the child and have been |
3762 | punished by civil contempt and then still have willfully refused |
3763 | to obey the court order. Costs of representation are hereby |
3764 | imposed as provided by ss. 27.52(2)(d) and 938.29. |
3765 | Section 87. Section 149 of chapter 2003-402, Laws of |
3766 | Florida, is amended to read: |
3767 | Section 149. Fees, service charges, and costs fees imposed |
3768 | by the governing authority of counties by ordinance and special |
3769 | law pursuant to authority granted in ss. 28.2401, 28.241, 34.041 |
3770 | 28.242-34.041, 938.17, and 938.19, Florida Statutes, prior to |
3771 | June 30, 2004, are repealed and abolished effective July 1, |
3772 | 2004. |
3773 | Section 88. (1) It is the intent of the Legislature to |
3774 | implement Revision 7 to Article V of the State Constitution in a |
3775 | way which recognizes the allocation of funding responsibilities |
3776 | among the state, counties, and system users. |
3777 | (2) The Legislature hereby declares that the provisions of |
3778 | this act designed to achieve that allocation of responsibility |
3779 | fulfill an important state interest. |
3780 | Section 89. Court-related assessments to be retained by |
3781 | the clerk of the court after July 1, 2004, to fund court-related |
3782 | functions included on the standard list in s. 28.35(3)(a), |
3783 | Florida Statutes, shall be remitted to the clerk of the court |
3784 | after July 1, 2004, regardless of the date of assessment. |
3785 | Section 90. On July 1, 2004, all cash balances within |
3786 | county funds previously established to provide dedicated funding |
3787 | to benefit specific court-related programs shall be used to fund |
3788 | these programs after July 1, 2004, until those funds are |
3789 | depleted. |
3790 | Section 91. Cost sharing of due process costs; legislative |
3791 | intent.--It is the intent of the Legislature to provide state- |
3792 | funded due process services to the state courts system, state |
3793 | attorneys, public defenders, and court-appointed counsel in the |
3794 | most cost-effective and efficient manner. The state courts |
3795 | system, state attorneys, public defenders, and court-appointed |
3796 | counsel may enter into contractual agreements to share, on a pro |
3797 | rata basis, the costs associated with court reporting services, |
3798 | court interpreter and translation services, court experts, and |
3799 | all other due process services funded by the state pursuant to |
3800 | chapter 29, Florida Statutes. These costs shall be budgeted |
3801 | within the funds appropriated to each of the affected users of |
3802 | services. |
3803 | Section 92. The Division of Statutory Revision of the |
3804 | Office of Legislative Services shall redesignate, in the next |
3805 | edition of the Florida Statutes, the title of chapter 40, |
3806 | Florida Statutes, as "Juries; Payment of Jurors and Due Process |
3807 | Costs." |
3808 | Section 93. Billing submitted for payment of due process |
3809 | services, including, but not limited to, court reporter |
3810 | services, court interpreter services, expert witness services, |
3811 | mental health evaluations, and court-appointed counsel services |
3812 | must be paid by the counties if the services were rendered |
3813 | before July 1, 2004. Counties must also pay for the entire cost |
3814 | of any flat-fee-per-case payment pursuant to a contract or |
3815 | professional services agreement with court-appointed counsel for |
3816 | appointments made before July 1, 2004, regardless of whether |
3817 | work on the case is actually concluded prior to July 1, 2004. |
3818 | Except for flat-fee contracts with court-appointed counsel, |
3819 | billings for services on any case that commenced prior to July |
3820 | 1, 2004, but continues past July 1, 2004, must be submitted with |
3821 | an itemized listing of payment due for services rendered before |
3822 | July 1, 2004, and on or after July 1, 2004. The county shall pay |
3823 | the portion of the bill for services rendered before July 1, |
3824 | 2004, and provide a copy of the itemized bill to the Justice |
3825 | Administrative Commission or the Office of the State Courts |
3826 | Administrator as appropriate for payment of the portion of the |
3827 | bill for services provided on or after July 1, 2004. |
3828 | Section 94. No later than July 1, 2004, the Office of the |
3829 | State Courts Administrator shall prepare and disseminate a |
3830 | manual of court-related filing fees, service charges, costs, and |
3831 | fines imposed pursuant to state law, organized by county for |
3832 | each type of action and offense and classified as either |
3833 | mandatory or discretionary. The Office of the State Courts |
3834 | Administrator shall disseminate this manual to the chief judge, |
3835 | state attorney, public defender, and court administrator in each |
3836 | circuit and to the clerk of the court in each county. The Office |
3837 | of the State Courts Administrator shall update and disseminate |
3838 | this manual annually. |
3839 | Section 95. Effective July 1, 2004, sections 11.75, 40.30, |
3840 | 142.04, 142.05, 142.06, 142.07, 142.08, 142.10, 142.11, 142.12, |
3841 | 142.13, 938.17, and 939.18, Florida Statutes, are repealed. |
3842 | Section 96. The Department of Revenue shall adopt rules |
3843 | necessary to carry out its responsibilities in ss. 28.35, 28.36, |
3844 | and 28.37, Florida Statutes. The rules shall include forms and |
3845 | procedures for transferring funds from the clerks of the court |
3846 | to the Clerks of the Court Trust Fund within the Department of |
3847 | Revenue. |
3848 | Section 97. There is appropriated $2,500,000 from the |
3849 | Department of Financial Services' Administrative Trust Fund and |
3850 | five full-time equivalent positions are authorized for fiscal |
3851 | year 2004-2005 to fund the contract with the Florida Clerks of |
3852 | Court Operations Corporation created pursuant to s. 28.35, |
3853 | Florida Statutes, and to provide for personnel and other |
3854 | expenses necessary to implement the department's |
3855 | responsibilities pursuant to this act. Funds for the contract |
3856 | with the Clerks of the Court Operations Corporation shall be |
3857 | appropriated in a special category created only for this purpose |
3858 | by the Executive Office of the Governor in consultation with the |
3859 | chairs of the respective committees responsible for |
3860 | appropriations in the Senate and the House of Representatives. |
3861 | Section 98. There is appropriated $20,000,000 from the |
3862 | Clerks of the Court Trust Fund in the Department of Revenue for |
3863 | fiscal year 2004-2005 to fund the revenue deficits for the |
3864 | clerks of the circuit court in accordance with the provisions of |
3865 | s. 28.36, Florida Statutes. The Executive Office of the |
3866 | Governor may provide release authority for these funds as needed |
3867 | in accordance with the provisions of s. 28.36, Florida Statutes, |
3868 | and subject to all other provisions of chapter 216, Florida |
3869 | Statutes. |
3870 | Section 99. There is appropriated from the Clerks of the |
3871 | Court Trust Fund in the Department of Revenue, $4,000,000 from |
3872 | funds resulting from the imposition of the filing fee for |
3873 | reopened cases required by section 31 of 2003-402, Laws of |
3874 | Florida. These funds shall be used for the purpose of addressing |
3875 | cash-flow problems that may arise in Clerks of the Court offices |
3876 | during July and August of 2004, and shall be distributed |
3877 | pursuant to the provisions of s. 28.36, Florida Statutes. |
3878 | Section 100. This act shall take effect July 1, 2004. |