SENATE AMENDMENT
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Amendment No. ___ Barcode 134084
CHAMBER ACTION
Senate House
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11 Senator Smith moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsections (3) and (5) of section 25.241,
18 Florida Statutes, are amended to read:
19 25.241 Clerk of Supreme Court; compensation;
20 assistants; filing fees, etc.--
21 (3) The Clerk of the Supreme Court is hereby required
22 to collect, upon the filing of a certified copy of a notice of
23 appeal or petition, $300 $250 for each case docketed, and for
24 copying, certifying, or furnishing opinions, records, papers,
25 or other instruments, except as otherwise herein provided, the
26 same fees that are allowed clerks of the circuit court;
27 however, no fee shall be less than $1. The State of Florida or
28 its agencies, when appearing as appellant or petitioner, is
29 exempt from the filing fees required in this subsection. From
30 each attorney appearing pro hac vice, the Clerk of the Supreme
31 Court shall collect an additional fee of $100 to be deposited
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1 into the General Revenue Fund.
2 (5) The Clerk of the Supreme Court is hereby required
3 to prepare a statement of all fees collected in duplicate each
4 month and remit one copy of such statement, together with all
5 fees collected by him or her, to the Chief Financial Officer,
6 who shall place the same to the credit of the General Revenue
7 Fund. The Chief Financial Officer shall deposit $250 of each
8 $300 filing fee and all other fees collected into the General
9 Revenue Fund. The Chief Financial Officer shall deposit $50 of
10 each filing fee collected into the state court's Grants and
11 Donations Trust Fund to fund court improvement projects as
12 authorized in the General Appropriations Act.
13 Section 2. Section 25.383, Florida Statutes, as
14 amended by chapter 2003-402, Laws of Florida, is amended to
15 read:
16 25.383 Standards for court reporters; procedures;
17 rules of professional conduct, discipline, and training.--The
18 Supreme Court shall establish minimum standards and procedures
19 for qualifications, certification, discipline, and training
20 for court reporters. The Supreme Court shall determine the
21 amount of fees to charge applicants for certification and
22 renewal of certification. Fees shall be set in an amount
23 necessary to recover the full cost of administering the
24 certification process. All proceeds from fees collected
25 pursuant to this section shall be deposited into the Grants
26 and Donations Trust Fund within the state courts. The Supreme
27 Court may appoint or employ such personnel as are necessary to
28 assist the court in exercising its powers and performing its
29 duties under this section.
30 Section 3. Paragraph (a) of subsection (2) of section
31 25.384, Florida Statutes, as amended by chapter 2003-402, Laws
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1 of Florida, is amended to read:
2 25.384 Court Education Trust Fund.--
3 (2)(a) The trust fund moneys shall be used to provide
4 education and training for judges and other court personnel as
5 defined and determined by the Florida Court Educational
6 Council. In addition, funds may be used for the development
7 and implementation of an educational program for the clerks of
8 court as set forth in s. 145.051(2).
9 Section 4. Section 27.02, Florida Statutes, as amended
10 by chapter 2003-402, Laws of Florida, is amended to read:
11 27.02 Duties before court.--
12 (1) The state attorney shall appear in the circuit and
13 county courts within his or her judicial circuit and prosecute
14 or defend on behalf of the state all suits, applications, or
15 motions, civil or criminal, in which the state is a party,
16 except as provided in chapters 39, 984, and 985. The intake
17 procedures of chapters 39, 984, and 985 shall apply as
18 provided therein. The state attorney shall not appear in the
19 circuit and county courts within his or her judicial circuit
20 for the purpose of prosecuting violations of special laws and,
21 unless expressly authorized, or violations of county or
22 municipal ordinances punishable by incarceration if the
23 prosecution is ancillary to a state prosecution or if the
24 state attorney has contracted with the county or municipality
25 for reimbursement for services rendered in accordance with s.
26 27.34(1), unless ancillary to a state prosecution and
27 authorized by the prosecuting attorney of the county.
28 (2) The state attorney, when complying with the
29 discovery obligation shall provide to the defendant all
30 discovery materials required pursuant to the applicable rule
31 of procedure, and may charge the defendant fees as provided
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1 for in s. 119.07(1)(a), not to exceed 15 cents per page for a
2 copy of a noncertified copy of a public record. However, these
3 fees may be deferred if the defendant has been determined to
4 be indigent as provided in s. 27.52.
5 Section 5. Section 27.34, Florida Statutes, as amended
6 by chapter 2003-402, Laws of Florida, is amended to read:
7 27.34 Limitations on payment of salaries and other
8 related costs of state attorneys' offices other than by the
9 state.--
10 (1) A county or municipality may not contract with, or
11 appropriate or contribute funds to the operation of, the
12 various state attorneys as provided in this subsection for the
13 prosecution of violations of special laws, unless expressly
14 authorized, or ordinances of the county or municipality,
15 unless ancillary to a state prosecution. A state attorney
16 prosecuting violations of special laws or county or municipal
17 ordinances punishable by incarceration and not ancillary to a
18 state charge shall contract with counties and municipalities
19 to recover the full cost of services rendered on an hourly
20 basis or reimburse the state for the full cost of assigning
21 one or more full-time equivalent attorney positions to work on
22 behalf of the county or municipality. Notwithstanding any
23 other provision of law, in the case of a county with a
24 population of less than 75,000, the state attorney shall
25 contract for full reimbursement, or for reimbursement as the
26 parties otherwise agree.
27 (a) A contract for reimbursement on an hourly basis
28 shall require counties and municipalities to reimburse the
29 state attorney for services rendered at a rate of $50 per
30 hour. If an hourly rate is specified in the General
31 Appropriations Act, that rate shall control.
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1 (b) A contract for assigning one or more full-time
2 equivalent attorney positions to perform work on behalf of a
3 county or municipality shall assign one or more full-time
4 equivalent positions based on estimates by the state attorney
5 of the number of hours required to handle the projected
6 workload. The full cost of each full-time equivalent attorney
7 position on an annual basis shall be $50, or the amount
8 specified in the General Appropriations Act, multiplied by the
9 legislative budget request standard for available work hours
10 for one full-time equivalent attorney position, or, in the
11 absence of that standard, 1,854 hours. The contract may
12 provide for funding full-time equivalent positions in
13 one-quarter increments.
14 (c) Persons employed by the county or municipality may
15 be provided to the state attorney to serve as special
16 investigators pursuant to the provisions of s. 27.251. Any
17 payments received pursuant to this subsection shall be
18 deposited into the Grants and Donations Trust Fund within the
19 Justice Administrative Commission for appropriation by the
20 Legislature.
21 (2) A It is hereby prohibited for any state attorney
22 or assistant state attorney may not to receive from any county
23 or municipality any supplemental salary, except as provided in
24 this section.
25 (3) Notwithstanding s. 27.25, the Chief Financial
26 Officer may contract with the state attorney of any judicial
27 circuit of the state for the prosecution of criminal
28 violations of the Workers' Compensation Law and related crimes
29 if the Chief Financial Officer contributes funds for such
30 purposes. Such contracts may provide for the training, salary,
31 and expenses of one or more assistant state attorneys used in
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1 the prosecution of such crimes. If the Chief Financial Officer
2 contributes funds to the state attorney to prosecute these
3 violations and the accused person is indigent and represented
4 by the public defender, the Chief Financial Officer shall also
5 contract with the public defender to provide representation to
6 the person accused of these crimes. The contract may provide
7 for the training, salary, and expenses of one or more
8 assistant public defenders used in the defense of these
9 crimes.
10 (4) Unless expressly authorized by law or in the
11 General Appropriations Act, state attorneys are prohibited
12 from spending state-appropriated funds on county funding
13 obligations under s. 14, Art. V of the State Constitution
14 beginning January 1, 2005. This includes expenditures on
15 communications services and facilities as defined in s.
16 29.008. This does not prohibit a state attorney from spending
17 funds for these purposes in exceptional circumstances when
18 necessary to maintain operational continuity in the form of a
19 short-term advance pending reimbursement by the county. If a
20 state attorney provides short-term advance funding for a
21 county responsibility as authorized by this subsection, the
22 state attorney shall request full reimbursement from the board
23 of county commissioners prior to making the expenditure or at
24 the next meeting of the board of county commissioners after
25 the expenditure is made. The total of all short-term advances
26 authorized by this subsection shall not exceed 2 percent of
27 the state attorney's approved operating budget in any given
28 year. No short-term advances authorized by this subsection
29 shall be permitted until all reimbursements arising from
30 advance funding in the prior state fiscal year have been
31 received by the state attorney. All reimbursement payments
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1 received by the state attorney pursuant to this subsection
2 shall be deposited into the General Revenue Fund.
3 Notwithstanding the provisions of this subsection, the state
4 attorney may expend funds for the purchase of computer
5 systems, including associated hardware and software, and for
6 personnel related to this function.
7 Section 6. Subsection (2), paragraph (d) of subsection
8 (3), subsection (5), paragraph (a) of subsection (7), and
9 subsection (8) of section 27.40, Florida Statutes, as created
10 by chapter 2003-402, Laws of Florida, are amended to read:
11 27.40 Court-appointed counsel; circuit registries;
12 minimum requirements; appointment by court.--
13 (2) No later than October 1, 2004, private counsel
14 appointed by the court to provide representation shall be
15 selected from a registry established by the circuit Article V
16 indigent services committee or procured through a competitive
17 bidding process.
18 (3) In utilizing a registry:
19 (d) Quarterly, beginning no later than October 1, 2004
20 July 1, 2004, each circuit Article V indigent services
21 committee shall provide the Chief Justice of the Supreme
22 Court, the chief judge, the state attorney and public defender
23 in each judicial circuit, and the clerk of court in each
24 county with a current copy of each registry.
25 (5) The Justice Administrative Commission shall
26 approve uniform contract forms for use in procuring the
27 services of private court-appointed counsel based on the
28 recommendations of the Article V Indigent Services Advisory
29 Board.
30 (7)(a) An attorney appointed to represent a defendant
31 or other client is entitled to payment of attorney's fees and
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1 expenses pursuant to s. 27.5304, only upon full performance by
2 the attorney of specified duties, approval of payment by the
3 court, and attorney submission of a payment request to the
4 Justice Administrative Commission. If an attorney is permitted
5 to withdraw or is otherwise removed from representation prior
6 to full performance of the duties specified in this section
7 for reasons other than breach of duty, the trial court shall
8 approve payment of attorney's fees and costs for work
9 performed in an amount not to exceed the amounts specified in
10 s. 27.5304.
11 (8) Subject to the attorney-client privilege and the,
12 work-product privilege, an attorney who withdraws or is
13 removed from representation shall deliver all files, notes,
14 documents, and research to the successor attorney within 15
15 days after receiving notice from the successor attorney. The
16 successor attorney shall bear the cost of transmitting all
17 files, notes, documents, and research.
18 Section 7. Paragraph (b) of subsection (1), paragraphs
19 (b) and (c) of subsection (2), and subsections (3) and (4) of
20 section 27.42, Florida Statutes, as created by chapter
21 2003-402, Laws of Florida, are amended to read:
22 27.42 Circuit Article V indigent services committees;
23 composition; staff; responsibilities; funding.--
24 (1) In each judicial circuit a circuit Article V
25 indigent services committee shall be established. The
26 committee shall consist of the following:
27 (b) The public defender of the judicial circuit, or
28 designee from within the office of the public defender.
29 (2)
30 (b) No later than October 1, 2004, each The circuit
31 Article V indigent services committee shall maintain a
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1 registry pursuant to s. 27.40, even when unless procuring
2 counsel through a competitive bidding process. However, if
3 counsel is procured through a competitive bidding process, the
4 registry shall be used only when counsel obtained through that
5 process is unable to provide representation due to a conflict
6 of interest or reasons beyond their control. The committee
7 shall apply any the eligibility and performance standards set
8 by the Legislature, if any, after receiving recommendations
9 from the Article V Indigent Services Advisory Board, for the
10 appropriate category of case.
11 (c) Each The circuit Article V indigent services
12 committee shall develop a schedule of standard fees and
13 expense allowances for the various categories of cases
14 specified in s. 27.5303, consistent with the overall
15 compensation rates in that section and within the amount of
16 appropriated funds allocated by the Justice Administrative
17 Commission to the circuit for this purpose standards adopted
18 by the Legislature, if any, after receiving recommendations
19 from the Article V Indigent Services Advisory Board.
20 (3) The Justice Administrative Commission shall
21 prepare and issue on a quarterly basis a statewide report
22 comparing actual year-to-date expenditures to budgeted amounts
23 for the circuit Article V indigent services committees in each
24 of the judicial circuits. Copies of these quarterly reports
25 shall be distributed to each circuit Article V indigent
26 services committee and to the Governor, the Chief Justice of
27 the Supreme Court, the President of the Senate, and the
28 Speaker of the House of Representatives.
29 (4)(a) The funding and positions for the processing of
30 committees' fees and expenses shall be as appropriated to the
31 Justice Administrative Commission in the General
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1 Appropriations Act.
2 (b) Funds for criminal conflict attorney's case fees
3 and expenses shall be appropriated by the Legislature in a
4 separate appropriations category within the Justice
5 Administrative Commission. These funds shall be allocated to
6 each circuit as prescribed in the General Appropriations Act.
7 (c) Separate funds for attorneys' fees and expenses in
8 conflict cases under chapter 394 shall be appropriated by the
9 Legislature in a separate appropriations category within the
10 Justice Administrative Commission.
11 (c)(d) The Legislature shall appropriate separate
12 Funds for attorney's attorneys' fees and expenses for in child
13 dependency and civil conflict cases shall be appropriated by
14 the Legislature and other court-appointed counsel cases in a
15 separate appropriations category within the Justice
16 Administrative Commission.
17 (d) Any funds the Legislature appropriates for other
18 court-appointed counsel cases shall be as appropriated within
19 the Justice Administrative Commission.
20
21 The Justice Administrative Commission shall separately track
22 expenditures on private court-appointed counsel for the
23 following categories of cases: criminal conflict, civil
24 conflict, dependency and termination of parental rights, and
25 guardianship.
26 Section 8. Subsections (1) and (4) of section 27.51,
27 Florida Statutes, as amended by chapter 2003-402, Laws of
28 Florida, are amended to read:
29 27.51 Duties of public defender.--
30 (1) The public defender shall represent, without
31 additional compensation, any person who is determined to be
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1 indigent under as provided in s. 27.52 and who is:
2 (a) Under arrest for, or is charged with, a felony;
3 (b) Under arrest for, or is charged with:,
4 1. A misdemeanor authorized for prosecution by the
5 state attorney;,
6 2. A violation of chapter 316 which is punishable by
7 imprisonment;, or
8 3. Criminal contempt; or,
9 4. A violation of a special law or county or municipal
10 ordinance ancillary to a state charge, or if not ancillary to
11 a state charge, only if the public defender contracts with the
12 county or municipality to provide representation pursuant to
13 s. 27.54 and 125.69.
14 The public defender shall not provide representation
15 pursuant to paragraph (b) if unless the court, prior to trial,
16 files in the cause an order of no imprisonment as provided in
17 s. 27.512 which states that the defendant will not be
18 imprisoned if he or she is convicted;
19 (c) Alleged to be a delinquent child pursuant to a
20 petition filed before a circuit court;
21 (d) Sought by petition filed in such court to be
22 involuntarily placed as a mentally ill person under part I of
23 chapter 394, involuntarily committed as a or sexually violent
24 predator under part V of chapter 394, or involuntarily
25 admitted to residential services as a person with
26 developmental disabilities under chapter 393. However, A
27 public defender shall not does not have the authority to
28 represent any person who is a plaintiff in a civil action
29 brought under the Florida Rules of Civil Procedure, the
30 Federal Rules of Civil Procedure, or the federal statutes, or
31 represent who is a petitioner in a rule challenge an
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1 administrative proceeding challenging a rule under chapter
2 120, unless specifically authorized by statute; or
3 (e) Convicted and sentenced to death, for purposes of
4 handling prosecuting an appeal to the Supreme Court; or.
5 (f) Is appealing a matter in a case arising under
6 paragraphs (a)-(d).
7 (4) The public defender for the a judicial circuit
8 specified enumerated in this subsection shall, after the
9 record on appeal is transmitted to the appellate court by the
10 office of the public defender which handled the trial and if
11 requested by any public defender within the indicated
12 appellate district, handle all circuit court felony appeals
13 within the state courts system and any authorized appeals to
14 the state and federal courts required of the official making
15 such request:
16 (a) Public defender of the second judicial circuit, on
17 behalf of any public defender within the district comprising
18 the First District Court of Appeal.
19 (b) Public defender of the tenth judicial circuit, on
20 behalf of any public defender within the district comprising
21 the Second District Court of Appeal.
22 (c) Public defender of the eleventh judicial circuit,
23 on behalf of any public defender within the district
24 comprising the Third District Court of Appeal.
25 (d) Public defender of the fifteenth judicial circuit,
26 on behalf of any public defender within the district
27 comprising the Fourth District Court of Appeal.
28 (e) Public defender of the seventh judicial circuit,
29 on behalf of any public defender within the district
30 comprising the Fifth District Court of Appeal.
31 Section 9. Section 27.52, Florida Statutes, as amended
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1 by chapter 2003-402, Laws of Florida, is amended to read:
2 27.52 Determination of indigent status indigence.--
3 (1) The clerk of the circuit court shall determine if
4 a the indigence of each person applying for appointment of a
5 public defender or private attorney or any other due process
6 court-related services is indigent using a form developed by
7 the Supreme Court based on indigence. If the defendant is
8 incarcerated, the public defender shall obtain the information
9 necessary for the clerk to make the determination of
10 indigence. The clerk may contract with third parties to
11 perform this function. This determination may be made at any
12 stage of the proceedings. Before appointing the public
13 defender or a private attorney, or providing any other
14 court-related service based on indigent status indigence, the
15 court shall receive the determination of indigent status
16 indigence from the clerk. If the clerk has not made this
17 determination at the time a person requests appointment of a
18 public defender or private attorney or provision of any other
19 due process court-related services, the court shall make a
20 preliminary determination of indigent status indigence,
21 pending further review verification by the clerk, and may
22 appoint counsel or authorize the provision of any other due
23 process services on an interim basis. The applicant may seek
24 review of the clerk's determination denying indigent status
25 indigence in the court having jurisdiction over the matter at
26 the next scheduled hearing. If the applicant seeks review of
27 the clerk's determination, the court shall make a final
28 determination.
29 (2)(a) Any person applying for appointment of a public
30 defender or private attorney or any other due process
31 court-related services based on indigent status indigence
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1 shall pay a $40 application fee to the clerk of court for each
2 affidavit filed, regardless of the number of required due
3 process services requested in a case and submit a completed
4 affidavit containing the financial information required under
5 paragraph (f). The clerk of court must assist a person who
6 appears before the clerk and requests assistance in completing
7 the affidavit containing financial information and the clerk
8 must notify the court if a person is unable to complete the
9 affidavit after the clerk has provided assistance. The duty of
10 the clerk in determining indigence shall be limited to
11 receiving the affidavit of indigence executed by the
12 individual seeking the determination and comparing the
13 information provided in the affidavit to the standard of
14 indigence established by law. The determination of indigence
15 shall be a ministerial act of the clerk and not a decision
16 based on further investigation or the exercise of independent
17 judgment by the clerk. The application fee shall be paid at
18 the time the financial affidavit is filed or within 7 days
19 thereafter. If, in a criminal proceeding, the application fee
20 is not paid prior to the disposition of the case, the clerk
21 shall advise the sentencing judge of this fact and the court
22 shall:
23 1. Assess the application fee as part of the sentence
24 or as a condition of probation; or
25 2. Assess the application fee pursuant to s. 938.29.
26 (b) The applicant shall submit, except in the case of
27 incapacity communicated through the public defender, a
28 completed affidavit containing the following financial
29 information:
30 1. Net income, consisting of total salary and wages,
31 minus deductions required by law, including court-ordered
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1 support payments.
2 2. Other income, including, but not limited to, social
3 security benefits, union funds, veterans' benefits, workers'
4 compensation, other regular support from absent family
5 members, public or private employee pensions, unemployment
6 compensation, dividends, interest, rent, trusts, and gifts.
7 3. Assets, including, but not limited to, cash,
8 savings accounts, bank accounts, stocks, bonds, certificates
9 of deposit, equity in real estate, and equity in a boat or a
10 motor vehicle or in other tangible property.
11 (3) After reviewing the affidavit and questioning the
12 applicant, the clerk shall make one of the following
13 determinations:
14 (a) The applicant is indigent; or
15 (b) The applicant is not indigent.
16 (4)(a) An applicant, including an applicant who is a
17 minor or an adult tax-dependent person, is indigent if:
18 1. The income of the person is equal to or below 200
19 percent of the then-current federal poverty guidelines
20 prescribed for the size of the household of the applicant by
21 the United States Department of Health and Human Services or
22 if the person is receiving Temporary Assistance for Needy
23 Families-Cash Assistance, poverty-related veterans' benefits,
24 or Supplemental Security Income (SSI); or
25 2. The person is unable to pay for the services of an
26 attorney without substantial hardship to his or her family.
27 (b) In determining whether an applicant is indigent,
28 the clerk shall determine whether any of the following facts
29 exist, and the existence of any such fact creates a
30 presumption that the applicant is not indigent:
31 1. The person has been released on bail in the amount
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1 of $5,000 or more;
2 2. The person owns, or has equity in, any intangible
3 or tangible personal property or real property or the
4 expectancy of an interest in any such property; or
5 3. The person retained private counsel immediately
6 before or after filing the affidavit asserting indigent status
7 pursuant to subsection (2).
8
9 If the clerk finds discrepancies between the financial
10 affidavit and the investigation of assets, the clerk shall
11 submit the information to the court and the court shall
12 determine whether the public defender or private attorney
13 shall continue representation, or whether the authorization
14 for any other due process services previously authorized shall
15 be revoked. The person may be heard regarding the information
16 discovered by the clerk. If the court, based on the
17 information provided, determines that the person is not
18 indigent, the court shall order the public defender or private
19 attorney to discontinue representation and revoke the
20 provision of any other authorized due process services.
21 Notwithstanding any provision of law, court rule, or
22 administrative order to the contrary, the clerk of the court
23 shall assign the first $40 of any fees or costs paid by an
24 indigent person as payment of the application fee. A person
25 found to be indigent shall not be refused counsel or other
26 required due process services for failure to pay the fee.
27 (b) The person shall pay the application fee at the
28 time the financial affidavit is filed or within 7 days
29 thereafter. If not paid within 7 days, the applicant shall be
30 enrolled by the clerk in a payment program to recover unpaid
31 fees, in full, with periodic payment amounts corresponding to
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1 the applicant's ability to pay.
2 (c) A defendant found to be indigent may not be
3 refused counsel or any other court-related services based on
4 indigence for failure to pay the application fee. The
5 defendant shall pay a separate application fee for each
6 affidavit filed.
7 (d) If the court finds that the accused person
8 applying for representation appears to be indigent based upon
9 the financial affidavit required under paragraph (f), the
10 court shall appoint the public defender or a private attorney
11 to provide representation. If the application fee is not paid
12 prior to the disposition of the case, the clerk shall advise
13 the sentencing judge of this fact and the court shall:
14 1. Assess the application fee as part of the sentence
15 or as a condition of probation; or
16 2. Assess the application fee pursuant to s. 938.29.
17
18 If the clerk finds discrepancies between the financial
19 affidavit and his or her investigation of assets, the clerk
20 shall submit the information to the court and the court shall
21 determine whether the public defender or private attorney
22 shall continue representation defendant may be heard regarding
23 the information discovered by the clerk. If the court, based
24 on the information provided, determines that the defendant is
25 not indigent, the court shall order the public defender or
26 private attorney to discontinue representation.
27 Notwithstanding any provision of law or local order to the
28 contrary, the clerk of the court shall assign the first $40 of
29 any fees or costs paid by an indigent defendant as payment of
30 the application fee. In no event should a person found to be
31 indigent be refused counsel for failure to pay the fee.
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1 (5)(e) All application fees shall be transferred
2 monthly by the clerk of the court to the Department of Revenue
3 for deposit to the Indigent Criminal Defense Trust Fund,
4 administered by the Justice Administrative Commission, to be
5 used to supplement the general revenue funds appropriated by
6 the Legislature to the public defenders. The clerk of the
7 court may retain 2 percent of application fees collected
8 monthly for administrative costs prior to remitting the
9 remainder to the Department of Revenue.
10 (f) The affidavit must contain the following financial
11 information and calculations as to the applicant's income:
12 1. Net income.--Total salary and wages, minus
13 deductions required by law, including court-ordered support
14 payments.
15 2. Other income.--Including, but not limited to,
16 social security benefits, union funds, veterans' benefits,
17 workers' compensation, other regular support from absent
18 family members, public or private employee pensions,
19 unemployment compensation, dividends, interest, rent, trusts,
20 and gifts.
21 3. Assets.--Including, but not limited to, cash,
22 savings accounts, bank accounts, stocks, bonds, certificates
23 of deposit, equity in real estate, and equity in a boat or a
24 motor vehicle or in other tangible property.
25 (g) The income of an applicant who is a minor or an
26 adult tax-dependent person who is substantially supported by a
27 parent or parents or by a guardian, or who continues to be
28 claimed as a dependent for tax purposes, shall include the
29 income of that dependent person's parent or parents or
30 guardian, except a parent or guardian who has an adverse
31 interest in the proceeding.
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1 (h) In addition to the financial information, the
2 affidavit must contain the following statement: "I, ... (name
3 of applicant) ..., agree to report any change in my financial
4 situation to the court."
5 (3)(a) After reviewing the affidavit and questioning
6 the applicant, the clerk shall make one of the following
7 determinations:
8 1. The applicant is indigent.
9 2. The applicant is not indigent.
10 (b) An applicant, including an applicant who is a
11 minor or an adult tax-dependent person, is indigent if:
12 1. The income of the person is equal to or below 200
13 percent of the then-current federal poverty guidelines
14 prescribed for the size of the household of the applicant by
15 the United States Department of Health and Human Services or
16 if the person is receiving Temporary Assistance for Needy
17 Families-Cash Assistance, poverty-related veterans' benefits,
18 or Supplemental Security Income (SSI); or
19 2. The person is unable to pay for the services of an
20 attorney without substantial hardship to his or her family.
21 (c) In determining whether an applicant is indigent,
22 the clerk shall determine whether any of the following facts
23 exist, and the existence of any such fact creates a
24 presumption that the applicant is not indigent:
25 1. The defendant has been released on bail in the
26 amount of $5,000 or more.
27 2. The defendant owns, or has equity in, any
28 intangible or tangible personal property or real property or
29 the expectancy of an interest in any such property.
30 3. The defendant retained private counsel immediately
31 before or after filing the affidavit asserting indigence
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1 pursuant to subsection (2).
2 (6)(d) A nonindigent parent or legal guardian of an
3 applicant who is a minor or an adult tax-dependent person
4 shall furnish the minor or adult tax-dependent person with the
5 necessary legal services and costs incident to a delinquency
6 proceeding or, upon transfer of such person for criminal
7 prosecution as an adult pursuant to chapter 985, a criminal
8 prosecution, in which the person has a right to legal counsel
9 under the Constitution of the United States or the
10 Constitution of the State of Florida. The failure of a parent
11 or legal guardian to furnish legal services and costs under
12 this section does not bar the appointment of legal counsel
13 pursuant to s. 27.40 or s. 27.5303. When the public defender,
14 a special assistant public defender appointed pursuant to s.
15 27.53(2), or a private attorney is appointed to represent a
16 minor or an adult tax-dependent person in any proceeding in
17 circuit court or in a criminal proceeding in any other court,
18 the parents or the legal guardian shall be liable for payment
19 of the fees, charges, and costs of the representation even if
20 the person is a minor being tried as an adult. Liability for
21 the fees, charges, and costs of the representation shall be
22 imposed in the form of a lien against the property of the
23 nonindigent parents or legal guardian of the minor or adult
24 tax-dependent person. The lien shall be enforceable as
25 provided in s. 27.561 or s. 938.29.
26 (7)(4) If the trial court determines that any
27 applicant, through fraud or misrepresentation, was erroneously
28 or improperly determined to be indigent, the state attorney
29 shall, in the name of the state, proceed against the applicant
30 for the reasonable value of the services rendered, including
31 all fees, charges, and costs paid by the state in his or her
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1 behalf. Twenty-five percent of any amount recovered by the
2 state attorney shall be remitted to the Department of Revenue
3 for deposit into the Grants and Donations Trust Fund within
4 the Justice Administrative Commission for appropriation by the
5 Legislature to the state attorney. Seventy-five percent of any
6 amount recovered shall be remitted to the Department of
7 Revenue for deposit into the General Revenue Fund.
8 (5) An individual determined to be indigent and
9 seeking to defer payment of fees, charges, or costs imposed by
10 operation of law or order of the court under this section or
11 any other provision of general law imposing fees, charges, or
12 costs, shall be enrolled by the clerk in a payment program to
13 recover unpaid costs in full, with periodic payment amounts
14 corresponding to the individual's ability to pay.
15 Section 10. Paragraph (d) of subsection (1) and
16 subsection (3) of section 27.5303, Florida Statutes, as
17 created by chapter 2003-402, Laws of Florida, are amended to
18 read:
19 27.5303 Public defenders; conflict of interest.--
20 (1)
21 (d) In determining whether or not there is a conflict
22 of interest, the public defender and the court shall apply the
23 standards contained in the Uniform Standards for Use in
24 Conflict of Interest Cases found in appendix C to the Final
25 Report of the Article V Indigent Services Advisory Board dated
26 January 6, 2004 adopted by the Legislature after receiving
27 recommendations from the Article V Indigent Services Advisory
28 Board.
29 (3) Private court-appointed counsel shall be
30 compensated as provided in s. 27.5304 in accordance with
31 compensation standards adopted by the Legislature after
21
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1 receiving recommendations from the Article V Indigent Services
2 Advisory Board.
3 Section 11. Subsections (1), (2), (4), (5), and (6) of
4 section 27.5304, Florida Statutes, as created by chapter
5 2003-402, Laws of Florida, are amended to read:
6 27.5304 Private court-appointed counsel;
7 compensation.--
8 (1) Private court-appointed counsel shall be
9 compensated by the Justice Administrative Commission in an
10 amount accordance with standards adopted by the Legislature
11 after receiving recommendations from the Article V Indigent
12 Services Advisory Board. However, compensation shall not to
13 exceed the maximum fee limits established in by this section.
14 The attorney also shall be reimbursed for reasonable and
15 necessary expenses in accordance with s. 29.007. If the
16 attorney is representing a defendant charged with more than
17 one offense in the same case, the attorney shall be
18 compensated at the rate provided for the most serious offense
19 for which he or she represented the defendant. This section
20 does not allow stacking of the fee limits established by this
21 section.
22 (2) Prior to filing a motion for an order approving
23 payment of attorney's fees, costs, or related expenses, the
24 private court-appointed counsel shall deliver a copy of the
25 intended billing, together with supporting affidavits and all
26 other necessary documentation, to the Justice Administrative
27 Commission. The Justice Administrative Commission shall review
28 the billings, affidavit, and documentation for completeness
29 and compliance with contractual and statutory requirements. If
30 the Justice Administrative Commission objects to any portion
31 of the proposed billing, the objection and reasons therefor
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1 shall be communicated to the private court-appointed counsel.
2 The private court-appointed counsel may thereafter file his or
3 her motion for order approving payment of attorney's fees,
4 costs, or related expenses together with supporting affidavits
5 and all other necessary documentation. The motion must specify
6 whether the Justice Administrative Commission objects to any
7 portion of the billing or the sufficiency of documentation
8 and, if so, the reasons therefor. A copy of the motion and
9 attachments shall be served on the Justice Administrative
10 Commission. The Justice Administrative Commission shall have
11 standing to appear before the court to contest any motion for
12 order approving payment of attorney's fees, costs, or related
13 expenses. The Justice Administrative Commission may contract
14 with other public or private entities or individuals to appear
15 before the court for the purpose of contesting any motion for
16 order approving payment of attorney's fees, costs, or related
17 expenses. The fact that the Justice Administrative Commission
18 has not objected to any portion of the billing or to the
19 sufficiency of the documentation is not binding on the court.
20 The court retains primary authority and responsibility for
21 determining the reasonableness of all billings for attorney's
22 fees, costs, and related expenses, subject to statutory
23 limitations. Before final disposition of a case, a private
24 court-appointed counsel may file a motion for fees, costs, and
25 related expenses for services completed up to the date of the
26 motion in any case or matter in which legal services have been
27 provided by the attorney for more than 1 year. The amount
28 approved by the court may not exceed 80 percent of the fees
29 earned, or costs and related expenses incurred, to date, or an
30 amount proportionate to the maximum fees permitted under this
31 section based on legal services provided to date, whichever is
23
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1 less. The court may grant the motion if counsel shows that
2 failure to grant the motion would work a particular hardship
3 upon counsel.
4 (4) By January 1 of each year, 2004, the Article V
5 Indigent Services Advisory Board shall recommend to the
6 Legislature any adjustments to the existing compensation
7 provisions of this section schedules for criminal proceedings
8 and any proposed compensation standards for private attorneys
9 providing representation in civil proceedings in which private
10 court-appointed counsel is required.
11 (5)(a) If counsel is entitled to receive compensation
12 for representation pursuant to court appointment in a
13 termination of parental rights proceeding under chapter 39 s.
14 39.0134, such compensation shall not exceed $1,000 at the
15 trial level and $2,500 at the appellate level.
16 (b) Counsel entitled to receive compensation for
17 representation pursuant to court appointment in a proceeding
18 under chapter 384 or chapter 392 shall receive reasonable
19 compensation as fixed by the court making the appointment.
20 (6) A private attorney appointed in lieu of the public
21 defender to represent an indigent defendant may not reassign
22 or subcontract the case to another attorney or allow another
23 attorney to appear at a critical stage of a case who is does
24 not on the registry developed pursuant to s. 27.40 meet
25 standards adopted by the Legislature after any recommendations
26 from the Article V Indigent Services Advisory Board.
27 Section 12. Subsection (2) of section 27.54, Florida
28 Statutes, as amended by chapter 2003-402, Laws of Florida, is
29 amended, and subsection (4) is added to said section, to read:
30 27.54 Limitation on payment of expenditures for public
31 defender's office other than by the state.--
24
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1 (2) A county or municipality may not contract with, or
2 appropriate or contribute funds to, the operation of the
3 offices of the various public defenders as provided in this
4 subsection for the purpose of defending indigents charged with
5 violations of special laws, unless expressly authorized, or
6 with violations of ordinances of the county or municipality,
7 unless ancillary to a state prosecution. A public defender
8 defending violations of special laws or county or municipal
9 ordinances punishable by incarceration and not ancillary to a
10 state charge shall contract with counties and municipalities
11 to recover the full cost of services rendered on an hourly
12 basis or reimburse the state for the full cost of assigning
13 one or more full-time equivalent attorney positions to work on
14 behalf of the county or municipality. Notwithstanding any
15 other provision of law, in the case of a county with a
16 population of less than 75,000, the public defender shall
17 contract for full reimbursement, or for reimbursement as the
18 parties otherwise agree.
19 (a) A contract for reimbursement on an hourly basis
20 shall require a county or municipality to reimburse the public
21 defender for services rendered at a rate of $50 per hour. If
22 an hourly rate is specified in the General Appropriations Act,
23 that rate shall control.
24 (b) A contract for assigning one or more full-time
25 equivalent attorney positions to perform work on behalf of the
26 county or municipality shall assign one or more full-time
27 equivalent positions based on estimates by the public defender
28 of the number of hours required to handle the projected
29 workload. The full cost of each full-time equivalent attorney
30 position on an annual basis shall be $50, or the amount
31 specified in the General Appropriations Act, multiplied by the
25
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1 legislative budget request standard for available work hours
2 for one full-time equivalent attorney position, or, in the
3 absence of that standard, 1,854 hours. The contract may
4 provide for funding full-time equivalent positions in
5 one-quarter increments.
6 (c) Any payments received pursuant to this subsection
7 shall be deposited into the Grants and Donations Trust Fund
8 within the Justice Administrative Commission for appropriation
9 by the Legislature.
10 (4) Unless expressly authorized by law or in the
11 General Appropriations Act, public defenders are prohibited
12 from spending state-appropriated funds on county funding
13 obligations under s. 14, Art. V of the State Constitution
14 beginning January 1, 2005. This includes expenditures on
15 communications services and facilities as defined in s.
16 29.008. This does not prohibit a public defender from spending
17 funds for these purposes in exceptional circumstances when
18 necessary to maintain operational continuity in the form of a
19 short-term advance pending reimbursement from the county. If a
20 public defender provides short-term advance funding for a
21 county responsibility as authorized by this subsection, the
22 public defender shall request full reimbursement from the
23 board of county commissioners prior to making the expenditure
24 or at the next meeting of the board of county commissioners
25 after the expenditure is made. The total of all short-term
26 advances authorized by this subsection shall not exceed 2
27 percent of the public defender's approved operating budget in
28 any given year. No short-term advances authorized by this
29 subsection shall be permitted until all reimbursements arising
30 from advance funding in the prior state fiscal year have been
31 received by the public defender. All reimbursement payments
26
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1 received by the public defender shall be deposited into the
2 General Revenue Fund. Notwithstanding the provisions of this
3 subsection, the public defender may expend funds for the
4 purchase of computer systems, including associated hardware
5 and software, and for personnel related to this function.
6 Section 13. Section 27.562, Florida Statutes, as
7 amended by chapter 2003-402, Laws of Florida, is amended to
8 read:
9 27.562 Disposition of funds.--The first $40 of all
10 funds collected pursuant to s. 938.29 shall be deposited into
11 the Indigent Criminal Defense Trust Fund pursuant to s.
12 27.525. The remaining funds collected pursuant to s. 938.29
13 shall be distributed as follows:
14 (1) Twenty-five percent shall be remitted to the
15 Department of Revenue for deposit into the Justice
16 Administrative Commission's Indigent Criminal Defense Trust
17 Fund.
18 (2) Seventy-five percent shall be remitted to the
19 Department of Revenue for deposit into the General Revenue
20 Fund.
21
22 The Justice Administrative Commission shall account for funds
23 deposited into the Indigent Criminal Defense Trust Fund by
24 circuit. Appropriations from the fund shall be proportional to
25 each circuit's collections. All funds collected pursuant to s.
26 938.29, except the application fee imposed under s. 27.52,
27 shall be remitted to the Department of Revenue for deposit
28 into the General Revenue Fund. All judgments entered pursuant
29 to this part shall be in the name of the state.
30 Section 14. Paragraph (c) of subsection (1) of section
31 28.101, Florida Statutes, is amended to read:
27
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1 28.101 Petitions and records of dissolution of
2 marriage; additional charges.--
3 (1) When a party petitions for a dissolution of
4 marriage, in addition to the filing charges in s. 28.241, the
5 clerk shall collect and receive:
6 (c) A charge of $55 $18. On a monthly basis, the clerk
7 shall transfer the moneys collected pursuant to this paragraph
8 to the Department of Revenue for deposit in the Domestic
9 Violence Trust Fund. Such funds which are generated shall be
10 directed to the Department of Children and Family Services for
11 the specific purpose of funding domestic violence centers.
12 Section 15. Effective June 1, 2004, an additional
13 service charge of $4 per page shall be paid to the clerk of
14 the circuit court for each instrument listed in section
15 28.222, Florida Statutes, except for a judgment received from
16 the court or a notice of lis pendens, recorded in the official
17 records. The funds collected shall be remitted to the
18 Department of Revenue for deposit into the Clerks of the Court
19 Trust Fund for appropriation by law for the purpose of
20 addressing cash-flow problems that may arise in clerk of the
21 court offices during July and August of 2004, and shall be
22 distributed pursuant to the provisions of section 28.36,
23 Florida Statutes. This section expires July 1, 2004.
24 Section 16. The introductory paragraph and subsections
25 (12) and (26) of section 28.24, Florida Statutes, as amended
26 by chapter 2003-402, Laws of Florida, are amended to read:
27 28.24 Service charges by clerk of the circuit
28 court.--The clerk of the circuit court may charge for services
29 rendered by the clerk's office in recording documents and
30 instruments and in performing the duties enumerated in amounts
31 not to exceed those specified in this section. Notwithstanding
28
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1 any other provision of this section, the clerk of the circuit
2 court shall provide without charge to the state attorney,
3 public defender, and guardian ad litem, and to the authorized
4 staff acting on behalf of each, any justice or judge, to any
5 court staff acting on behalf of any justice or judge, and to
6 any state attorney or public defender access to and a copy
7 copies of any public record, if the requesting party is
8 entitled by law to view the exempt or confidential record
9 records, notwithstanding the exempt or confidential nature of
10 such public records, as maintained by and in the custody of
11 the clerk of the circuit court as provided in general law and
12 the Florida Rules of Judicial Administration. The clerk of the
13 circuit court may provide the requested public record in an
14 electronic format in lieu of a paper format when capable of
15 being accessed by the requesting entity.
16
17 Charges
18 (12) For recording, indexing, and filing any
19 instrument not more than 14 inches by 8 1/2 inches, including
20 required notice to property appraiser where applicable:
21 (a) First page or fraction thereof................5.00
22 (b) Each additional page or fraction thereof......4.00
23 (c) For indexing instruments recorded in the official
24 records which contain more than four names, per additional
25 name......................................................1.00
26 (d) An additional service charge shall be paid to the
27 clerk of the circuit court to be deposited in the Public
28 Records Modernization Trust Fund for each instrument listed in
29 s. 28.222, except judgments received from the courts and
30 notices of lis pendens, recorded in the official records:
31 1. First page.....................................1.00
29
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1 2. Each additional page...........................0.50
2
3 Said fund shall be held in trust by the clerk and used
4 exclusively for equipment and maintenance of equipment,
5 personnel training, and technical assistance in modernizing
6 the public records system of the office. In a county where the
7 duty of maintaining official records exists in an office other
8 than the office of the clerk of the circuit court, the clerk
9 of the circuit court is entitled to 25 percent of the moneys
10 deposited into the trust fund for equipment, maintenance of
11 equipment, training, and technical assistance in modernizing
12 the system for storing records in the office of the clerk of
13 the circuit court. The fund may not be used for the payment of
14 travel expenses, membership dues, bank charges,
15 staff-recruitment costs, salaries or benefits of employees,
16 construction costs, general operating expenses, or other costs
17 not directly related to obtaining and maintaining equipment
18 for public records systems or for the purchase of furniture or
19 office supplies and equipment not related to the storage of
20 records. On or before December 1, 1995, and on or before
21 December 1 of each year immediately preceding each year during
22 which the trust fund is scheduled for legislative review under
23 s. 19(f)(2), Art. III of the State Constitution, each clerk of
24 the circuit court shall file a report on the Public Records
25 Modernization Trust Fund with the President of the Senate and
26 the Speaker of the House of Representatives. The report must
27 itemize each expenditure made from the trust fund since the
28 last report was filed; each obligation payable from the trust
29 fund on that date; and the percentage of funds expended for
30 each of the following: equipment, maintenance of equipment,
31 personnel training, and technical assistance. The report must
30
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1 indicate the nature of the system each clerk uses to store,
2 maintain, and retrieve public records and the degree to which
3 the system has been upgraded since the creation of the trust
4 fund.
5 (e) An additional service charge of $4 per page shall
6 be paid to the clerk of the circuit court for each instrument
7 listed in s. 28.222, except judgments received from the courts
8 and notices of lis pendens, recorded in the official records.
9 From the additional $4 service charge collected:
10 1. If the counties maintain legal responsibility for
11 the costs of the court-related technology needs as defined in
12 ss. 29.008(1)(f)2. and 29.008(1)(h), 10 cents shall be
13 distributed to the Florida Association of Court Clerks and
14 Comptroller, Inc., for the cost of development,
15 implementation, operation, and maintenance of the clerks'
16 Comprehensive Case Information System; $1.90 shall be retained
17 by the clerk to be deposited in the Public Records
18 Modernization Trust Fund and used exclusively for funding
19 court-related technology needs of the clerk as defined in ss.
20 29.008(1)(f)2. and 29.008(1)(h); and $2 shall be distributed
21 to the board of county commissioners to be used exclusively to
22 fund court-related technology, and court technology needs as
23 defined in ss. 29.008(1)(f)2. and 29.008(1)(h) for the state
24 trial courts, state attorney and public defender in that
25 county. If the counties maintain legal responsibility for the
26 costs of the court-related technology needs as defined in ss.
27 29.008(1)(f)2. and 29.008(1)(h), notwithstanding any other
28 provision of law, the county is not required to provide
29 additional funding beyond that provided herein for the
30 court-related technology needs of the clerk as defined in ss.
31 29.008(1)(f)2. and 29.008(1)(h). All court records and
31
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1 official records are the property of the State of Florida,
2 including any records generated as part of the Comprehensive
3 Case Information System funded pursuant to this paragraph and
4 the clerk of court is designated as the custodian of such
5 records. The clerk of court or any entity acting on behalf of
6 the clerk of court, including an association, shall not charge
7 a fee to any agency as defined in s. 119.011, the Legislature,
8 or the State Court System for copies of records generated by
9 the Comprehensive Case Information System or held by the clerk
10 of court or any entity acting on behalf of the clerk of court,
11 including an association.
12 2. If the state becomes legally responsible for the
13 costs of court-related technology needs as defined in ss.
14 29.008(1)(f)2. and 29.008(1)(h), whether by operation of
15 general law or by court order, $4 shall be remitted to the
16 Department of Revenue for deposit into the General Revenue
17 Fund.
18 (26)(a) For receiving and disbursing all restitution
19 payments, per
20 payment.......................................3.00
21 (b) For receiving and disbursing all partial payments,
22 other than restitution payments, for which an administrative
23 processing service charge is not imposed pursuant to s.
24 28.246, per month
25 ..................................................5.00
26 (c) For setting up a payment plan, a one-time
27 administrative processing charge in lieu of a per month charge
28 under paragraph
29 (b)........................................25.00
30 Section 17. Subsection (3) of section 28.2401, Florida
31 Statutes, as amended by chapter 2003-402, Laws of Florida, is
32
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1 amended to read:
2 28.2401 Service charges in probate matters.--
3 (3) An additional service charge of $4 $2.50 on
4 petitions seeking summary administration, formal
5 administration, ancillary administration, guardianship,
6 curatorship, and conservatorship shall be paid to the clerk.
7 The clerk shall transfer $3.50 the $2.50 to the Department of
8 Revenue for deposit into the Court Education Trust Fund and
9 shall transfer 50 cents to the Department of Revenue for
10 deposit into the Department of Financial Services'
11 Administrative Trust Fund to fund clerk education. No
12 additional fees, charges, or costs shall be added to the
13 service charges imposed under this section, except as
14 authorized by general law.
15 Section 18. Section 28.2402, Florida Statutes, as
16 created by chapter 2003-402, Laws of Florida, is amended to
17 read:
18 28.2402 Cost recovery; use of the circuit court for
19 ordinance or special law violations Additional costs for
20 performance of clerk court-related functions.--
21 (1)(a) In lieu of payment of a filing fee under s.
22 28.241, a filing fee of $10 The sum of $200 shall be paid by
23 assessed to a county or municipality when filing a county or
24 municipal code or ordinance violation or violation of a
25 special law in circuit court. This The $200 fee shall be paid
26 to the clerk of the circuit and county court for performing
27 court-related functions.
28 (b) No other filing fee may be assessed for filing the
29 violation in circuit court. If a person contests the violation
30 in court, the court shall assess $40 in costs against the
31 nonprevailing party. The county or municipality shall be
33
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1 considered the prevailing party when there is a finding of
2 violation to any count or lesser included offense of the
3 charge. Costs recovered pursuant to this paragraph shall be
4 deposited into the clerk's fine and forfeiture fund
5 established pursuant to s. 142.01.
6 (2) To offset costs incurred by the clerks of the
7 court in performing court-related functions associated with
8 the processing of violations of special laws and municipal
9 ordinances, 10 percent of the total amount of fines paid to
10 each municipality for special law or ordinance violations
11 filed in circuit court shall be retained by the clerk of the
12 court for deposit into the clerk's fine and forfeiture fund
13 established pursuant to s. 142.01, except for fines a portion
14 of which the clerk of the court retains pursuant to any other
15 provision of state law.
16 Section 19. Subsections (1) and (2) of section 28.241,
17 Florida Statutes, as amended by chapter 2003-402, Laws of
18 Florida, are amended, and subsections (5) and (6) are added to
19 said section, to read:
20 28.241 Filing fees for trial and appellate
21 proceedings.--
22 (1)(a) The party instituting any civil action, suit,
23 or proceeding in the circuit court shall pay to the clerk of
24 that court a filing fee of up to $250 in all cases in which
25 there are not more than five defendants and an additional
26 filing fee of up to $2 for each defendant in excess of five.
27 Of the first $55 $57.50 in filing fees, $50 must be remitted
28 by the clerk to the Department of Revenue for deposit into the
29 General Revenue Fund,; and $5 must be remitted to the
30 Department of Revenue for deposit into the Department of
31 Financial Services' Administrative Trust Fund to fund the
34
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1 contract with the Florida Clerks Clerk of Court Operations
2 Corporation created in s. 28.35 Operations Conference; and
3 $2.50 shall be paid to the clerk for each civil action brought
4 in circuit or county court, to be remitted by the clerk to the
5 Department of Revenue for deposit into the Court Education
6 Trust Fund. One-third of any filing fees collected by the
7 clerk of the circuit court in excess of $55 $57.50 shall be
8 remitted to the Department of Revenue for deposit into the
9 Department of Revenue Clerks of the Court Trust Fund. An
10 additional filing fee of $4 shall be paid to the clerk. The
11 clerk shall remit $3.50 to the Department of Revenue for
12 deposit into the Court Education Trust Fund and shall remit 50
13 cents to the Department of Revenue for deposit into the
14 Department of Financial Services Administrative Trust Fund to
15 fund clerk education. An additional filing fee of up to $15
16 shall be paid by the party seeking each severance that is
17 granted. The clerk may impose an additional filing fee of up
18 to $75 for all proceedings of garnishment, attachment,
19 replevin, and distress. Postal charges incurred by the clerk
20 of the circuit court in making service by certified or
21 registered mail on defendants or other parties shall be paid
22 by the party at whose instance service is made. No additional
23 fees, charges, or costs shall be added to the filing fees
24 imposed under this section, except as authorized herein or by
25 general law.
26 (b) A party reopening any civil action, suit, or
27 proceeding in the circuit court shall pay to the clerk of
28 court a filing fee set by the clerk in an amount not to exceed
29 $50. For purposes of this section, a case is reopened when a
30 case previously reported as disposed of is resubmitted to a
31 court and includes petitions for modification of a final
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1 judgment of dissolution. A party is exempt from paying the fee
2 for any of the following:
3 1. A writ of garnishment;
4 2. A writ of replevin;
5 3. A distress writ;
6 4. A writ of attachment;
7 5. A motion for rehearing filed within 10 days;
8 6. A motion for attorney's fees filed within 30 days
9 after entry of a judgment or final order;
10 7. A motion for dismissal filed after a mediation
11 agreement has been filed;
12 8. A disposition of personal property without
13 administration;
14 9. Any probate case prior to the discharge of a
15 personal representative;
16 10. Any guardianship pleading prior to discharge;
17 11. Any mental health pleading;
18 12. Motions to withdraw by attorneys;
19 13. Motions exclusively for the enforcement of child
20 support orders;
21 14. A petition for credit of child support;
22 15. Stipulations;
23 16. Responsive pleadings; or
24 17. Cases in which there is no initial filing fee.
25 (2) Upon the institution of any appellate proceeding
26 from any lower inferior court to the circuit court of any such
27 county, including appeals filed by a county or municipality as
28 provided in s. 34.041(5), or from the circuit court to an
29 appellate court of the state, the clerk shall charge and
30 collect from the party or parties instituting such appellate
31 proceedings a filing fee not to exceed service charge of up to
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1 $250 for filing a notice of appeal from the county court to
2 the circuit an inferior court and, in addition to the filing
3 fee required under s. 25.241 or s. 35.22, $50 or for filing a
4 notice of appeal from the circuit court to the district court
5 of appeal or to the Supreme Court to a higher court. If the
6 party is determined to be indigent, the clerk shall defer
7 payment of the fee. The clerk shall remit the first $50 to the
8 Department of Revenue for deposit into the General Revenue
9 Fund. One-third of the fee collected by the clerk in excess of
10 $50 also shall be remitted to the Department of Revenue for
11 deposit into the Clerks of the Court Trust Fund.
12 (5) Filing fees for the institution or reopening of
13 any civil action, suit, or proceeding in county court shall be
14 charged and collected as provided in s. 34.041.
15 (6) From each attorney appearing pro hac vice, the
16 clerk of the circuit court shall collect a fee of $100 for
17 deposit into the General Revenue Fund.
18 Section 20. Section 28.245, Florida Statutes, as
19 amended by chapter 2003-402, Laws of Florida, is amended to
20 read:
21 28.245 Transmittal of funds to Department of Revenue;
22 uniform remittance form required.--Notwithstanding any other
23 provision of law, all moneys collected by the clerks of the
24 court for subsequent distribution to any state entity must be
25 transmitted electronically to the Department of Revenue for
26 appropriate distribution. A uniform remittance form provided
27 by the Department of Revenue detailing the specific amounts
28 due each fund must accompany such submittal. All moneys
29 collected by the clerks of court for remittance to any entity
30 must be distributed pursuant to the law in effect at the time
31 of collection.
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1 Section 21. Section 28.246, Florida Statutes, as
2 created by chapter 2003-402, Laws of Florida, is amended to
3 read:
4 28.246 Payment of court-related fees, charges, and
5 costs; partial payments; distribution of funds.--
6 (1) Beginning July 1, 2003, the clerk of the circuit
7 court shall report the following information to the
8 Legislature and the Clerk of Court Operations Conference on a
9 form developed by the Department of Financial Services:
10 (a) The total amount of mandatory fees, services
11 charges, and costs; the total amount actually assessed; the
12 total amount discharged, or waived, or otherwise not assessed;
13 and the total amount collected.
14 (b) The maximum amount of discretionary fees, service
15 charges, and costs authorized; the total amount actually
16 assessed; the total amount discharged or waived; and the total
17 amount collected.
18 (c) The total amount of mandatory fines and other
19 monetary penalties; the total amount assessed; the total
20 amount discharged, or waived, or otherwise not assessed; and
21 the total amount collected.
22 (d) The maximum amount of discretionary fines and
23 other monetary penalties; the total amount assessed; the total
24 amount discharged or waived; and the total amount collected.
25
26 If provided to the clerk of court by the judge, the clerk, in
27 reporting the amount assessed, shall separately identify the
28 amount assessed pursuant to s. 938.30 as community service;
29 assessed by reducing the amount to a judgment or lien;
30 satisfied by time served; or other. The form developed by the
31 Chief Financial Officer shall include separate entries for
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1 recording these amounts. The clerk shall submit the report on
2 a quarterly basis 30 days after the end of the quarter for the
3 period from July 1, 2003, through June 30, 2004, and on an
4 annual basis thereafter, 60 days after the end of the county
5 fiscal year.
6 (2) The clerk of the circuit court shall establish and
7 maintain a system of accounts receivable for court-related
8 fees, charges, and costs.
9 (3) Court costs, fines, and other dispositional
10 assessments shall be enforced by order of the courts,
11 collected by the clerks of the circuit and county courts, and
12 disbursed in accordance with authorizations and procedures as
13 established by general law. Each clerk of the circuit court
14 shall enter into a payment plan with defendants determined to
15 be indigent and demonstrating an inability to pay
16 court-related fees, charges, and costs in full.
17 (4) The clerk of the circuit court shall accept
18 partial payments for unpaid court-related fees, service
19 charges, and costs, and fines in accordance with the terms of
20 an established payment plan. An individual seeking to defer
21 payment of fees, service charges, costs, or fines imposed by
22 operation of law or order of the court under any provision of
23 general law, and determined by the court to be unable to make
24 payment in full, shall be enrolled by the clerk in a payment
25 program, with periodic payment amounts corresponding to the
26 individual's ability to pay.
27 (5) When receiving partial payment of fees, service
28 charges, court costs, and fines, clerks shall distribute funds
29 according to the following order of priority:
30 (a) That portion of fees, services charges, court
31 costs, and fines payable to the clerk for the operations of
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1 the clerk and to be remitted to the state for deposit into the
2 General Revenue Fund.
3 (b) That portion of fees, services charges, court
4 costs, and fines which are required to be retained by the
5 clerk of the court or deposited into the Clerks of the Court
6 Trust Fund.
7 (c)(b) That portion of fees, service charges, court
8 costs, and fines payable to state trust funds, allocated on a
9 pro rata basis among the various authorized funds if the total
10 collection amount is insufficient to fully fund all such funds
11 as provided by law.
12 (d)(c) That portion of fees, service charges, court
13 costs, and fines payable to counties, municipalities, or other
14 local entities, allocated on a pro rata basis among the
15 various authorized recipients if the total collection amount
16 is insufficient to fully fund all such recipients as provided
17 by law.
18
19 To offset processing costs, clerks may impose either a
20 per-month service charge pursuant to s. 28.24(26)(b) or a
21 one-time administrative processing service charge at the
22 inception of the payment plan pursuant to s. 28.24(26)(c)
23 retain up to 1 percent of all collections of fees, service
24 charges, court costs, and fines payable to other entities,
25 except where otherwise provided in general law.
26 (6) A clerk of court may pursue the collection of any
27 fees, service charges, fines, court costs, and liens for the
28 payment of attorney's fees and costs pursuant to s. 938.29 or
29 other costs imposed by the court which remain unpaid for 90
30 days or more, or refer the account such collection to a
31 private attorney who is a member in good standing of The
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1 Florida Bar or collection agent who is registered and in good
2 standing pursuant to chapter 559. In pursuing the collection
3 of such unpaid financial obligations through a private
4 attorney or collection agent, the clerk of the court must have
5 attempted to collect the unpaid amount through a collection
6 court, collections docket, or other collections process, if
7 any, established by the court, find determine this to be is
8 cost-effective and follow any applicable procurement
9 practices. The collection fee, including any reasonable
10 attorney's fee, paid to any attorney or collection agent
11 retained by the clerk may be added to the balance owed in an
12 amount not to exceed 40 percent of the amount owed at the time
13 the account is referred to the attorney or agent for
14 collection.
15 Section 22. Section 28.345, Florida Statutes, as
16 created by chapter 2003-402, Laws of Florida, is amended to
17 read:
18 28.345 Exemption from court-related fees and
19 charges.--Notwithstanding any other provision of this chapter
20 or law to the contrary, judges, state attorneys, guardians ad
21 litem, and public defenders, acting in their official
22 capacity, and state agencies, are exempt from all
23 court-related fees and charges assessed by the clerks of the
24 circuit courts.
25 Section 23. Section 28.35, Florida Statutes, as
26 created by chapter 2003-402, Laws of Florida, is amended to
27 read:
28 28.35 Florida Clerks Clerk of Court Operations
29 Corporation Conference.--
30 (1)(a) The Florida Clerks of Court Operations
31 Corporation is hereby created as a public corporation
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1 organized to perform the functions specified in this section.
2 All clerks of the circuit court shall be members of the
3 corporation and hold their position and authority in an ex
4 officio capacity. The functions assigned to the corporation
5 shall be performed by an executive council pursuant to the
6 plan of operation approved by the members.
7 (b) The executive council shall be composed of The
8 Clerk of Court Operations conference is created and shall be
9 composed of:
10 (a) eight clerks of the court elected by the clerks of
11 the courts for a term of 2 years, with two clerks from
12 counties with a population of fewer than 100,000 residents,
13 two clerks from counties with a population of at least 100,000
14 residents but fewer than 500,000 residents, two clerks from
15 counties with a population of at least 500,000 residents but
16 fewer than 1 million residents, and two clerks from counties
17 with a population of more than 1 million residents.
18 (c) For the purposes of s. 199.183(1), the corporation
19 shall be considered a political subdivision of the state and
20 shall be exempt from the corporate income tax. The corporation
21 is not subject to the procurement provisions of chapter 287
22 and policies and decisions of the corporation relating to
23 incurring debt, levying assessments, and the sale, issuance,
24 continuation, terms, and claims under corporation policies,
25 and all services relating thereto, are not subject to the
26 provisions of chapter 120.
27 (d) The functions assigned to the corporation under
28 this section and ss. 28.36 and 28.37 are considered to be for
29 a valid public purpose. (b) The Chief Justice of the Supreme
30 Court or his or her designee.
31 (2) The duties of the corporation conference shall
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1 include the following:
2 (a) Adopting a plan of operation.
3 (b) Conducting the election of directors as required
4 in paragraph (1)(a).
5 (c)(a) Periodically Recommending to the Legislature
6 changes in the various court-related fines, fees, service
7 charges, and court costs cost schedules established by law to
8 ensure reasonable and adequate funding of the clerks of the
9 court in the performance of their court-related functions.
10 (d)(b) Pursuant to contract with the Chief Financial
11 Officer, establishing a process for the review and
12 certification approval of proposed court-related proposed
13 budgets submitted by clerks of the court for completeness and
14 compliance with this section and ss. 28.36 and 28.37. This
15 process shall be designed and be of sufficient detail to
16 permit independent verification and validation of the budget
17 certification. The contract shall specify the process to be
18 used in determining compliance by the corporation with this
19 section and ss. 28.36 and 28.37 pursuant to s. 28.36.
20 (c) Certifying to the Legislature, the Governor, the
21 Chief Financial Officer, and the Department of Revenue which
22 clerks of court will have court-related revenues insufficient
23 to fund the anticipated court-related functions of their
24 offices and the actions taken to resolve any deficits pursuant
25 to s. 28.36.
26 (e)(d) Developing and certifying approving a uniform
27 system of performance measures accountability measurements and
28 applicable performance standards for the functions specified
29 in paragraph (4)(a) and each clerk performance in meeting the
30 performance standards of the court. These measures and
31 standards shall be designed to facilitate an objective
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1 determination of the performance of each clerk in accordance
2 with minimum standards for must assess the fiscal management,
3 operational efficiency efficient operations, and effective
4 collection of fines, fees, service charges, and court costs
5 using data reported in s. 28.246 as well as other data. When
6 the corporation finds a clerk has not met the performance
7 standards, the corporation shall identify the nature of each
8 deficiency and any corrective action recommended and taken by
9 the affected clerk of the court.
10 (f) Reviewing and certifying proposed budgets
11 submitted by clerks of the court utilizing the process
12 approved by the Chief Financial Officer pursuant to paragraph
13 (d) for the purpose of making the certification in subsection
14 (3)(a). As part of this process, the corporation shall:
15 1. Calculate the maximum authorized annual budget
16 pursuant to the requirements of s. 28.36.
17 2. Identify those proposed budgets exceeding the
18 maximum annual budget pursuant to s. 28.36(5) for the standard
19 list of court-related functions.
20 3. Identify those proposed budgets containing funding
21 for items not included on the standard list of court-related
22 functions developed pursuant to paragraph (3)(a).
23 4. Identify those clerks projected to have
24 court-related revenues insufficient to fund their anticipated
25 court-related expenditures.
26 (g) Developing and conducting clerk education
27 programs.
28 (3)(a) The Clerk of Court Operations Corporation shall
29 certify to the President of the Senate, the Speaker of the
30 House of Representatives, the Chief Financial Officer, and the
31 Department of Revenue by October 15 of each year, the amount
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1 of the proposed budget certified for each clerk; the revenue
2 projection supporting each clerk's budget; each clerk eligible
3 to retain some or all of the state's share of fines, fees,
4 service charges, and costs; the amount to be paid to each
5 clerk from the Clerks of the Court Trust Fund within the
6 Department of Revenue; the performance measures and standards
7 approved by the conference for each clerk; and the performance
8 of each clerk in meeting the performance standards.
9 (b) Prior to December 1 of each year, the Chief
10 Financial Officer shall review the certifications made by the
11 corporation for the purpose of determining compliance with the
12 approved process and report its findings to the President of
13 the Senate, the Speaker of the House of Representatives and to
14 the Department of Revenue. To determine compliance with this
15 process, the Chief Financial Officer may examine the budgets
16 submitted to the corporation by the clerks.
17 (4)(a) The list of court-related functions clerks may
18 fund from filing fees, service charges, court costs, and fines
19 shall be limited to those functions expressly authorized by
20 law or court rule. Those functions must include the following:
21 case maintenance; records management; court preparation and
22 attendance; processing the assignment, reopening, and
23 reassignment of cases; processing of appeals; collection and
24 distribution of fines, fees, service charges, and court costs;
25 processing of bond forfeiture payments; payment of jurors and
26 witnesses; data collection and reporting; processing of
27 jurors; determinations of indigent status; and reasonable
28 administrative support costs to enable the clerk of the court
29 to carry out these court-related functions.
30 (b) The list of functions clerks may not fund from
31 filing fees, service charges, court costs, and fines shall
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1 include:
2 1. Those functions not specified within paragraph (a).
3 2. Functions assigned by administrative orders which
4 are not required for the clerk to perform the functions in
5 paragraph (a).
6 3. Enhanced levels of service which are not required
7 for the clerk to perform the functions in paragraph (a).
8 4. Functions identified as local requirements in law
9 or local optional programs.
10 (c)(e) Publishing a uniform schedule of actual maximum
11 fines, fees, service charges, and costs that may be charged by
12 a clerk of the court for court-related functions pursuant to
13 general law that reflects any adjustments based on changes in
14 the Consumer Price Index. Effective July 1, 2004, the schedule
15 shall reflect the maximum fines, fees, service charges, and
16 costs established by general law. The schedule may be adjusted
17 on or after October 1, 2005, and no more frequently than
18 annually thereafter, by the average percentage change in the
19 Consumer Price Index issued by the United States Department of
20 Labor since the last adjustment by the conference. Any
21 adjustment to the schedule authorized in this paragraph must
22 be affirmatively approved by a majority of the clerks of the
23 circuit courts before such adjustments may take effect.
24 (5)(3) The corporation Clerk of Court Operations
25 conference shall be funded pursuant to contract with the Chief
26 Financial Officer. Funds shall be provided to the Chief
27 Financial Officer for this purpose as appropriated by general
28 law maintain a public depository to receive funds for its
29 operations. The Clerk of Court Operations Conference shall
30 receive a portion of the fees collected by the clerk for
31 filing a civil action in circuit court as specified in s.
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1 28.241. These funds shall be available to the corporation
2 conference for the performance of the duties and
3 responsibilities as set forth in this section. The corporation
4 conference may hire staff and pay for other expenses from
5 these funds this fund only as necessary to perform the
6 official duties and responsibilities of the corporation
7 conference as described in this section.
8 (6)(a)(4) The corporation Clerk of Court Operations
9 conference shall submit an annual audited financial statement
10 to the Auditor General in a form and manner prescribed by the
11 Auditor General. The Auditor General shall conduct an annual
12 audit of the operations of the corporation conference,
13 including the use of funds and compliance with the provisions
14 of this section and ss. 28.36 and 28.37.
15 (b) Certified public accountants conducting audits of
16 counties pursuant to s. 218.39 shall report, as part of the
17 audit, whether or not the clerks of the courts have complied
18 with the budgets certified by the Florida Clerk of Courts
19 Operations Corporation pursuant to the budget review process
20 pursuant to contract with the Chief Financial Officer and with
21 the performance standards developed and certified pursuant to
22 this section. The Auditor General shall develop a compliance
23 supplement for the audit of compliance with the budgets and
24 applicable performance standards certified by the corporation.
25 Section 24. Section 28.36, Florida Statutes, as
26 created by chapter 2003-402, Laws of Florida, is amended to
27 read:
28 28.36 Budget review and approval procedure.--There is
29 hereby established a budget procedure for the court-related
30 functions of the clerks of the court.
31 (1) Only those functions on the standard list
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1 developed pursuant to s. 28.35(4)(a) may be funded from fees,
2 service charges, court costs, and fines retained by the clerks
3 of the court. No clerk may use fees, service charges, court
4 costs, and fines in excess of the maximum budget amounts as
5 established in subsection (5).
6 (2)(1) For the period July 1, 2004, through September
7 30, 2004, and for each county fiscal year ending September 30
8 thereafter, each clerk of the court shall prepare a budget
9 relating solely to the performance of the standard list of
10 court-related functions pursuant to s. 28.35(4)(a).
11 (3)(2) Each proposed budget shall further conform to
12 the following requirements:
13 (a) On May 1, 2004, for the fiscal period of July 1,
14 2004, through September 30, 2004, and On or before August 1
15 for each fiscal year thereafter, the proposed budget shall be
16 prepared, summarized, and submitted by the clerk in each
17 county to the Clerk of Court Operations Corporation Conference
18 in the manner and form prescribed by the conference. The
19 proposed budget must provide detailed information on the
20 anticipated revenues available and expenditures necessary for
21 the performance of the standard list of court-related
22 functions of the clerk's office developed pursuant to s.
23 28.35(4)(a) for the county fiscal year beginning the following
24 October 1.
25 (b) The proposed budget must be balanced, such that
26 the total of the estimated revenues available must equal or
27 exceed the total of the anticipated expenditures. These
28 revenues include the following: cash balances brought forward
29 from the prior fiscal period; revenue projected to be received
30 from fees, service charges, court costs, and fines for
31 court-related functions during the fiscal period covered by
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1 the budget; and supplemental revenue that may be requested
2 pursuant to subsection (4)(3); and the contingency reserve
3 authorized in paragraph (c). The anticipated expenditures must
4 be itemized as required by the corporation, pursuant to
5 contract with the Chief Financial Officer Clerk of Court
6 Operations conference.
7 (c) The proposed budget may include a contingency
8 reserve not to exceed 10 percent of the total budget, provided
9 that, overall, the proposed budget does not exceed the limits
10 prescribed in subsection (5).
11 (4)(3) If a clerk of the court estimates that
12 available funds plus projected revenues from fines, fees,
13 service charges, and costs for court-related services are
14 insufficient to meet the anticipated expenditures for the
15 standard list of court-related functions in s. 28.35(4)(a)
16 performed by his or her office, the clerk must report the
17 revenue budget deficit to the Clerk of Court Operations
18 Corporation conference in the manner and form prescribed by
19 the corporation pursuant to contract with the Chief Financial
20 Officer conference. The corporation conference shall verify
21 that the proposed budget is limited to the standard list of
22 court-related functions in s. 28.35(4)(a) determine whether
23 the clerk is meeting his or her performance standards for the
24 current year relating to fiscal management, efficient
25 operations, and the effective collection of fines, fees,
26 service charges, and costs.
27 (a) If the corporation verifies that the proposed
28 budget is limited to the standard list of court-related
29 functions in s. 28.35(4)(a) conference determines that a clerk
30 is meeting his or her performance standards for fiscal
31 management, operational efficiency; efficient operations; and
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1 effective collection of fines, fees, service charges, and
2 costs; and a revenue deficit is projected, a that clerk
3 seeking to retain revenues pursuant to this subsection shall
4 increase all fines, fees, service charges, and any other
5 court-related clerk fees and charges costs to the maximum
6 amounts specified by law or the amount necessary to resolve
7 the deficit, whichever is less. If, after increasing such
8 fines, fees, service charges, and any other court-related
9 clerk fees and charges to the maximum amounts specified by law
10 costs, a revenue budget deficit is still projected, the
11 corporation conference shall, pursuant to the terms of the
12 contract with the Chief Financial Officer, certify a revenue
13 deficit and notify the Department of Revenue that the that
14 clerk is authorized to retain revenues, in an amount necessary
15 to fully fund the projected revenue deficit, which he or she
16 would otherwise be required to remit to the Department of
17 Revenue for deposit into the Department of Revenue Clerks of
18 the Court Trust Fund pursuant to s. 28.37. If a revenue budget
19 deficit is projected for that clerk after retaining all of the
20 projected collections from the court-related fines, fees,
21 service charges, and costs, the Department of Revenue
22 conference shall certify the amount of the revenue deficit
23 amount to the Executive Office of the Governor and request
24 release authority for funds appropriated for this purpose from
25 the Department of Revenue s Clerks of the Court Trust Fund.
26 Notwithstanding provisions of s. 216.192 related to the
27 release of funds, the Executive Office of the Governor may
28 approve the release of funds appropriated to resolve projected
29 revenue deficits in accordance with the notice, review, and
30 objection procedures set forth in s. 216.177 and shall provide
31 notice to the Chief Financial Officer. An amount equal to the
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1 deficit is hereby appropriated each year from The Department
2 of Revenue is directed to request monthly distributions from
3 the Chief Financial Officer in equal amounts to each clerk
4 certified to have a revenue deficit, in accordance with the
5 releases approved by the Governor of Revenue Clerks of the
6 Court Trust Fund, without further legislative action, period
7 after period, until altered or revoked by the Legislature. The
8 Department of Revenue is directed to make a monthly
9 distribution of equal amounts to each clerk certified to have
10 a deficit until the Clerk of Court Operations Conference
11 certifies a different amount to be distributed.
12 (b) If the Department of Revenue finds the
13 court-related budget proposed by a clerk includes functions
14 not included in the standard list of court-related functions
15 in s. 28.35(3)(a), the department shall notify the clerk of
16 the amount of the proposed budget not eligible to be funded
17 from fees, service charges, costs, and fines for court-related
18 functions. The clerk shall then immediately discontinue the
19 expenditures of funds for this purpose and reimburse the
20 Clerks of the Court Trust Fund for any expenditures incurred
21 to date for these functions The Clerk of Court Operations
22 Conference shall notify the Governor, the President of the
23 Senate, and the Speaker of the House of Representatives prior
24 to taking actions specified in this subsection. The
25 notification shall include a certification by the conference
26 that all of the conditions in this subsection have been met.
27 (4) The Clerk of Court Operations Conference must
28 approve the court-related budget for each clerk in the state,
29 and shall certify to the Legislature by October 15 of each
30 year, the proposed budget amount approved for each clerk's
31 budget; the revenue projection supporting each clerk's budget;
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1 each clerk who must retain some or all of the state's share of
2 fines, fees, service charges, and costs; the amount to be paid
3 from the Department of Revenue Clerks of the Court Trust Fund
4 to each clerk; and the performance measures and standards
5 approved by the conference for each clerk.
6 (5)(a) For the county fiscal year October 1, 2004,
7 through September 30, 2005, the maximum annual budget amount
8 for the standard list of court-related functions of the clerks
9 of court in s. 28.35(4)(a) that may be funded from fees,
10 service charges, court costs, and fines retained by the clerks
11 of the court shall authorized by the Clerk of Court Operations
12 Conference for each clerk may not exceed:
13 1. One hundred and three 103 percent of the clerk's
14 estimated actual expenditures for the prior county fiscal
15 year; or
16 2. One hundred and five percent of the clerk's
17 estimated expenditures for the prior county fiscal year for
18 those clerks in counties that for calendar years 1998-2002
19 experienced an average annual increase of at least 5 percent
20 in both population and case filings for all case types as
21 reported through the Summary Reporting System used by the
22 state courts system for court-related functions that are
23 required by law effective July 1, 2004. The conference shall
24 use the clerk's actual expenditures for the prior county
25 fiscal year for court-related functions as reported by the
26 Chief Financial Officer based on the county financial
27 reporting required under s. 218.32.
28 (b) For the county fiscal year 2005-2006, the maximum
29 budget amount for the standard list of court-related functions
30 of the clerks of court in s. 28.35(4)(a) that may be funded
31 from fees, service charges, court costs, and fines retained by
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1 the clerks of the court authorized by the conference for each
2 clerk budget shall be the approved budget for county fiscal
3 year 2004-2005 adjusted by the projected percentage change in
4 revenue between the county fiscal years 2004-2005 and
5 2005-2006.
6 (c) For the county fiscal years 2006-2007 and
7 thereafter, the maximum budget amount for the standard list of
8 court-related functions of the clerks of court in s.
9 28.35(4)(a) that may be funded from fees, service charges,
10 court costs, and fines retained by the clerks of the court
11 authorized by the conference for each clerk shall be
12 established by first rebasing the prior fiscal year budget to
13 reflect the actual percentage change in the prior fiscal year
14 revenue and then adjusting the rebased prior fiscal year
15 budget by the projected percentage change in revenue for the
16 proposed budget year. The rebasing calculations and maximum
17 annual budget calculations shall be as follows:
18 1. For county fiscal year 2006-2007, the approved
19 budget for county fiscal year 2004-2005 shall be adjusted for
20 the actual percentage change in revenue between the two
21 12-month periods ending June 30, 2005, and June 30, 2006. This
22 result is the rebased budget for the county fiscal year
23 2005-2006. Then the rebased budget for the county fiscal year
24 2005-2006 shall be adjusted by the projected percentage change
25 in revenue between the county fiscal years 2005-2006 and
26 2006-2007. This result shall be the maximum annual budget
27 amount for the standard list of court-related functions of the
28 clerks of court in s. 28.35(4)(a) that may be funded from
29 fees, service charges, court costs, and fines retained by the
30 clerks of the court authorized by the conference for each
31 clerk for the county fiscal year 2006-2007.
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1 2. For county fiscal year 2007-2008, the rebased
2 budget for county fiscal year 2005-2006 shall be adjusted for
3 the actual percentage change in revenue between the two
4 12-month periods ending June 30, 2006, and June 30, 2007. This
5 result is the rebased budget for the county fiscal year
6 2006-2007. The rebased budget for county fiscal year 2006-2007
7 shall be adjusted by the projected percentage change in
8 revenue between the county fiscal years 2006-2007 and
9 2007-2008. This result shall be the maximum annual budget
10 amount for the standard list of court-related functions of the
11 clerks of court in s. 28.35(4)(a) that may be funded from
12 fees, service charges, court costs, and fines retained by the
13 clerks of the court authorized by the conference for each
14 clerk budget for county fiscal year 2007-2008.
15 3. For county fiscal years 2008-2009 and thereafter,
16 the maximum budget amount for the standard list of
17 court-related functions of the clerks of court in s.
18 28.35(4)(a) that may be funded from fees, service charges,
19 court costs, and fines retained by the clerks of the court
20 authorized by the conference for each clerk budget shall be
21 calculated as the rebased budget for the prior county fiscal
22 year adjusted by the projected percentage change in revenues
23 between the prior county fiscal year and the county fiscal
24 year for which the maximum budget amount is being authorized.
25 The rebased budget for the prior county fiscal year shall
26 always be calculated by adjusting the rebased budget for the
27 year preceding the prior county fiscal year by the actual
28 percentage change in revenues between the 12-month period
29 ending June 30 of the year preceding the prior county fiscal
30 year and the 12-month period ending June 30 of the prior
31 county fiscal year.
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1 (6) The corporation Clerk of Court Operations
2 conference may submit proposed legislation to the Governor,
3 the President of the Senate, and the Speaker of the House of
4 Representatives no later than November 1 in any year for
5 approval of clerk budget request amounts exceeding the
6 restrictions in this section for the following October 1. If
7 proposed legislation is recommended, the corporation
8 conference shall also submit supporting justification with
9 sufficient detail to identify the specific proposed
10 expenditures that would cause the limitations to be exceeded
11 for each affected clerk and the estimated fiscal impact on
12 state revenues.
13 Section 25. Subsection (2) of section 28.37, Florida
14 Statutes, is amended, subsections (3) and (4) of said section
15 are renumbered as subsections (4) and (5), respectively, and
16 amended, and a new subsection (3) is added to said section, to
17 read:
18 28.37 Fines, fees, service charges, and costs remitted
19 to the state.--
20 (2) Beginning August 1, 2004, except as otherwise
21 provided in ss. 28.241 and 34.041, one-third of all fines,
22 fees, service charges, and costs collected by the clerks of
23 the court during the prior month for the performance of
24 court-related functions shall be remitted to the Department of
25 Revenue for deposit in the Department of Revenue Clerks of the
26 Court Trust Fund. These collections do not include funding
27 received for the operation of the Title IV-D child support
28 collections and disbursement program. The clerk of the court
29 shall remit the revenues collected during the prior month due
30 to the state on or before the 20th 5th day of each month. The
31 Department of Revenue shall make a monthly transfer of the
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1 funds in the Department of Revenue Clerks of the Court Trust
2 Fund that are not needed to resolve clerk of the court revenue
3 budget deficits, as specified in s. 28.36, to the General
4 Revenue Fund.
5 (3) For the period of October 1, 2003, to June 30,
6 2004, those clerks operating as fee officers for court-related
7 services shall determine the amount of fees collected and
8 expenses generated for court-related services. Any excess fees
9 generated during this period shall be remitted to the county
10 on December 31, 2004. However, any billings for payment of due
11 process services rendered before July 1, 2004, may be paid by
12 the clerk from these funds. Due process services shall
13 include, but not be limited to, court reporter services, court
14 interpreter services, expert witness services, mental health
15 evaluations, and court-appointed counsel services. In
16 addition, any deficit experienced by the clerk for
17 court-related services during the period from October 1, 2003,
18 to June 30, 2004, shall be funded by the county.
19 (4)(3) Beginning January 1, 2005, for the period July
20 1, 2004, through September 30, 2004, and each January 1
21 thereafter for the preceding county fiscal year of October 1
22 through September 30, the clerk of the court must remit to the
23 Department of Revenue for deposit in the General Revenue Fund
24 the cumulative excess of all fees, service charges, court
25 costs, and fines retained by the clerks of the court statutory
26 fines, fees, service charges, and costs collected for the
27 clerk's court-related functions over the amount needed to meet
28 the approved budget amounts established under s. 28.36.
29 (5)(4) The Department of Revenue shall adopt rules
30 governing the remittance of the funds to be transferred to the
31 General Revenue Fund under this section, the required forms
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1 and procedures, and penalties for failure to comply. The
2 Department of Revenue shall collect any funds that the
3 corporation Clerk of Court Operations conference determines
4 upon investigation were due on January 1 but not remitted to
5 the department.
6 Section 26. Subsections (3) and (5) of section 29.005,
7 Florida Statutes, as amended by chapter 2003-402, Laws of
8 Florida, are amended to read:
9 29.005 State attorneys' offices and prosecution
10 expenses.--For purposes of implementing s. 14, Art. V of the
11 State Constitution, the elements of the state attorneys'
12 offices to be provided from state revenues appropriated by
13 general law are as follows:
14 (3) Witnesses, including expert witnesses, summoned to
15 appear for an investigation, preliminary hearing, or trial in
16 a criminal case when the witnesses are summoned by a state
17 attorney, and any other expert witnesses required in a court
18 hearing by law or whomever the state attorney deems necessary
19 for the performance of his or her duties.
20 (5) Reasonable transportation services in the
21 performance of constitutional and statutory responsibilities.
22 Motor vehicles owned by the counties and provided exclusively
23 to state attorneys as of July 1, 2003, and any additional
24 vehicles owned by the counties and provided exclusively to
25 state attorneys during fiscal year 2003-2004 shall be
26 transferred by title to the state effective July 1, 2004.
27 Section 27. Subsections (3) and (5) of section 29.006,
28 Florida Statutes, as amended by chapter 2003-402, Laws of
29 Florida, are amended to read:
30 29.006 Public defenders and indigent defense
31 costs.--For purposes of implementing s. 14, Art. V of the
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1 State Constitution, the elements of the public defenders'
2 offices to be provided from state revenues appropriated by
3 general law are as follows:
4 (3) Witnesses, including expert witnesses, summoned to
5 appear for an investigation, preliminary hearing, or trial in
6 a criminal case when the witnesses are summoned on behalf of
7 an indigent defendant, and any other expert witnesses required
8 in a court hearing by law or whomever the public defender
9 deems necessary for the performance of his or her duties
10 approved by the court.
11 (5) Reasonable transportation services in the
12 performance of constitutional and statutory responsibilities.
13 Motor vehicles owned by counties and provided exclusively to
14 public defenders as of July 1, 2003, and any additional
15 vehicles owned by the counties and provided exclusively to
16 public defenders during fiscal year 2003-2004 shall be
17 transferred by title to the state effective July 1, 2004.
18 Section 28. Paragraphs (a), (b), (d), and (f) of
19 subsection (1) and paragraph (a) of subsection (3) of section
20 29.008, Florida Statutes, as amended by chapter 2003-402, Laws
21 of Florida, are amended, and subsection (4) is added to said
22 section, to read:
23 29.008 County funding of court-related functions.--
24 (1) Counties are required by s. 14, Art. V of the
25 State Constitution to fund the cost of communications
26 services, existing radio systems, existing multiagency
27 criminal justice information systems, and the cost of
28 construction or lease, maintenance, utilities, and security of
29 facilities for the circuit and county courts, public
30 defenders' offices, state attorneys' offices, guardian ad
31 litem offices, and the offices of the clerks of the circuit
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1 and county courts performing court-related functions. For
2 purposes of implementing these requirements, the term:
3 (a) "Facility" means reasonable and necessary
4 buildings and office space and appurtenant equipment and
5 furnishings, structures, real estate, easements, and related
6 interests in real estate, including, but not limited to, those
7 for the purpose of housing legal materials for use by the
8 general public and personnel, equipment, or functions of the
9 circuit or county courts, public defenders' offices, state
10 attorneys' offices, and court-related functions of the office
11 of the clerks of the circuit and county courts and all
12 storage. The term also includes access to parking for such
13 facilities in connection with such court-related functions
14 that may be available free or from a private provider or a
15 local government for a fee. The office space provided by a
16 county may not be less than the standards for space allotment
17 adopted by the Department of Management Services. County
18 funding must include physical modifications and improvements
19 to all facilities as are required for compliance with the
20 Americans with Disabilities Act. Upon mutual agreement of a
21 county and the affected entity in this paragraph, the office
22 space provided by the county may vary from the standards for
23 space allotment adopted by the Department of Management
24 Services. This section applies only to facilities that are
25 leased, or on which construction commences, after June 30,
26 2003.
27 1. As of July 1, 2005, equipment and furnishings shall
28 be limited to that appropriate and customary for courtrooms,
29 jury facilities, and other public areas in courthouses and any
30 other facility occupied by the courts, state attorneys, and
31 public defenders.
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1 2. Equipment and furnishings under this paragraph in
2 existence and owned by counties on July 1, 2005, except for
3 that in the possession of the clerks, for areas other than
4 courtrooms, jury facilities, and other public areas in
5 courthouses and any other facility occupied by the courts,
6 state attorneys, and public defenders, shall be transferred to
7 the state at no charge. This provision does not apply to any
8 communication services as defined in s. 29.008(1)(f).
9 (b)1. "Construction or lease" includes, but is not
10 limited to, all reasonable and necessary costs of the
11 acquisition or lease of facilities, equipment, and furnishings
12 for all judicial officers, staff, jurors, volunteers of a
13 tenant agency, and the public for the circuit and county
14 courts, the public defenders' offices, state attorneys'
15 offices, and for performing the court-related functions of the
16 offices of the clerks of the circuit and county courts. This
17 includes expenses related to financing such facilities and the
18 existing and future cost and bonded indebtedness associated
19 with placing the facilities in use.
20 2. As of July 1, 2005, equipment and furnishings shall
21 be limited to that appropriate and customary for courtrooms,
22 jury facilities, and other public areas in courthouses.
23 3. Equipment and furnishings under this paragraph in
24 existence and owned by counties on July 1, 2005, for areas
25 other than courtrooms, jury facilities, and other public areas
26 in courthouses, shall be transferred to the state at no
27 charge.
28 (d) "Utilities" means all electricity services for
29 light, heat, and or power; natural or manufactured gas
30 services for light, heat, and or power; water and wastewater
31 services and systems, stormwater or runoff services and
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1 systems, sewer services and systems, all costs or fees
2 associated with these services and systems, and any costs or
3 fees associated with the mitigation of environmental impacts
4 directly related to the facility.
5 (f) "Communications services" are defined as any
6 reasonable and necessary transmission, emission, and reception
7 of signs, signals, writings, images, and sounds of
8 intelligence of any nature by wire, radio, optical, or other
9 electromagnetic systems and includes all facilities and
10 equipment owned, leased, or used by judges, clerks, public
11 defenders, state attorneys, and all staff of the state courts
12 system, state attorneys' offices, public defenders' offices,
13 and clerks of the circuit and county courts performing
14 court-related functions. Such system or services shall
15 include, but not be limited to:
16 1. Telephone system infrastructure, including computer
17 lines, telephone switching equipment, and maintenance, and
18 facsimile equipment, wireless communications, cellular
19 telephones, pagers, and video teleconferencing equipment and
20 line charges. Each county shall continue to provide access to
21 a local carrier for local and long distance service and shall
22 pay toll charges for the local and long distance service.
23 Telephone equipment, including facsimile and video
24 teleconferencing equipment, owned by the counties shall be
25 transferred to the state at no charge, effective July 1, 2004.
26 2. All computer networks, systems and equipment,
27 including computer hardware and software, modems, printers,
28 wiring, network connections, maintenance, support staff or
29 services including any county-funded support staff located in
30 the offices of the circuit court, county courts, state
31 attorneys, and public defenders, training, supplies, and line
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1 charges necessary for an integrated computer system to support
2 the operations and management of the state courts system, the
3 offices of the public defenders, the offices of the state
4 attorneys, and the offices of the clerks of the circuit and
5 county courts and the capability to connect those entities and
6 reporting data to the state as required for the transmission
7 of revenue, performance accountability, case management, data
8 collection, budgeting, and auditing purposes. The integrated
9 computer system shall be operational by July January 1, 2006,
10 and, at a minimum, permit the exchange of financial,
11 performance accountability, case management, case disposition,
12 and other data across multiple state and county information
13 systems involving multiple users at both the state level and
14 within each judicial circuit and must be able to
15 electronically exchange judicial case background data,
16 sentencing guidelines and scoresheets, and video evidence
17 information stored in integrated case management systems over
18 secure networks. Once the integrated system becomes
19 operational, counties may reject requests to purchase
20 communication services included in this subparagraph not in
21 compliance with standards, protocols, or processes adopted by
22 the board established pursuant to s. 29.0086.
23 3. Courier messenger and subpoena services.
24 4. Auxiliary aids and services for qualified
25 individuals with a disability which are necessary to ensure
26 access to the courts. Such auxiliary aids and services
27 include, but are not limited to, sign language interpretation
28 services required under the federal Americans with
29 Disabilities Act other than services required to satisfy due
30 process requirements and identified as a state funding
31 responsibility pursuant to ss. 29.004, 29.005, 29.006, and
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1 29.007, real-time transcription services for individuals who
2 are hearing impaired, and assistive listening devices and the
3 equipment necessary to implement such accommodations.
4 (3) The following shall be considered a local
5 requirement pursuant to subparagraph (2)(a)1.:
6 (a) Legal aid programs, which shall be funded at a
7 level equal to or greater than the amount provided from filing
8 fees and surcharges to legal aid programs from October 1,
9 2002, to September 30, 2003. Counties with a population of
10 less than 75,000 are exempt from this requirement.
11 (4)(a) Except for revenues used for the payment of
12 principal or interest on bonds, tax anticipation certificates,
13 or any other form of indebtedness as allowed under ss.
14 218.25(1),(2) or (4), the Department of Revenue shall withhold
15 revenue sharing receipts distributed pursuant to part II of
16 chapter 218 from any county not in compliance with the county
17 funding obligations for items specified in paragraphs (1)(a),
18 (c), (d), (e), (f), (g), and (h) and subsection (3). The
19 department shall withhold an amount equal to the difference
20 between the amount spent by the county for the particular item
21 in county fiscal year 2002-2003, the base year, plus 3
22 percent, and the amount budgeted by the county for these
23 obligations in county fiscal year 2004-2005, if the latter is
24 less than the former. Every year thereafter, the department
25 shall withhold such an amount if the amount budgeted in that
26 year is less than the base year plus 1.5 percent growth per
27 year. On or before December 31, 2004, counties shall send to
28 the department a certified copy of their budget documents for
29 the respective 2 years, separately identifying expenditure
30 amounts for each county funding obligation specified in
31 paragraphs (1) (a), (c), (d), (e), (f), (g), and (h) and
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1 subsection (3). Each year thereafter, on or before December 31
2 of that year, each county shall send a certified copy of its
3 budget document to the department.
4 (b) Beginning in fiscal year 2005-2006, additional
5 amounts shall be withheld pursuant to paragraph (a), if the
6 amount spent in the previous fiscal year on the items
7 specified in paragraphs (1)(a), (c), (d), (e), (f), (g), and
8 (h), and subsection (3) is less than the amount budgeted for
9 those items. Each county shall certify expenditures for these
10 county obligations for the prior fiscal year to the department
11 within 90 days after the end of the fiscal year.
12 (c) The department shall transfer the withheld
13 payments to the General Revenue Fund by March 31 of each year.
14 These payments are hereby appropriated to the Department of
15 Revenue to pay for these responsibilities on behalf of the
16 county.
17 Section 29. Section 29.0086, Florida Statutes, is
18 created to read:
19 29.0086 Article V Technology Board.--
20 (1) The Article V Technology Board is created and
21 administratively housed in the Office of Legislative Services
22 within the Legislature.
23 (2) The Board shall be composed of ten members, as
24 follows:
25 (a) The Chief Justice of the Supreme Court, or his or
26 her designee, who shall serve as chair.
27 (b) A person appointed by the Speaker of the House of
28 Representatives to represent executive branch agencies that
29 participate on the Criminal and Juvenile Justice Information
30 Systems Council established pursuant to s. 943.06.
31 (c) A private sector representative appointed by the
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1 Speaker of the House of Representatives with general knowledge
2 of or experience in managing enterprise integration projects;
3 however, representatives of information technology products
4 and services vendors or any of their subsidiaries that sell
5 products or services to the state shall not be appointed.
6 (d) A person appointed by the President of the Senate
7 representing law enforcement agencies.
8 (e) A private sector representative appointed by the
9 President of the Senate with general knowledge of or
10 experience in managing enterprise integration projects;
11 however, representatives of information technology products
12 and services vendors or any of their subsidiaries that sell
13 products or services to the state shall not be appointed.
14 (f) A state attorney, appointed by the Florida
15 Prosecuting Attorneys Association, or his or her designee.
16 (g) A public defender, appointed by the Florida Public
17 Defender Association, or his or her designee.
18 (h) A court clerk, appointed by the Florida
19 Association of Court Clerks and Comptroller, Inc., or his or
20 her designee.
21 (i) A county budget director, appointed by the Florida
22 Association of Counties.
23 (j) A county management information system director,
24 appointed by the Florida Association of Counties.
25 (3) An appointment may be made to fill a vacancy. When
26 a member must hold office to be qualified for membership on
27 the board, the member's term on the board shall expire upon
28 failure to maintain the office.
29 (4) Board members shall serve without compensation but
30 are entitled to reimbursement for expenses incurred in
31 carrying out their duties as provided in s. 112.061. Members
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1 who are public officers or employees shall be reimbursed
2 through the budget entity through which they are compensated.
3 (5) The board shall:
4 (a) Adopt a charter that defines the major objectives,
5 activities, and deliverables necessary to implement only the
6 requirements of this section.
7 (b) By January 15, 2005, provide a report to the
8 Governor, the President of the Senate, the Speaker of the
9 House of Representatives, and the Chief Justice of the Supreme
10 Court. The report shall:
11 1. Identify the minimum data elements and functional
12 requirements needed by each of the state court system entities
13 to conduct business transactions, and needed by the
14 legislature to maintain policy oversight.
15 2. Identify the security and access requirements
16 needed to enable and maintain data integration.
17 3. Identify information standards and protocols for
18 data integration, to include common identifiers, common data
19 field elements, and a common data dictionary.
20 4. Recommend policy, functional, and operational
21 changes needed to achieve necessary access to data.
22 (c) Based upon the review and consideration of the
23 January 15, 2005, report by the Legislature, and not later
24 than January 15, 2006, provide a report to the Governor, the
25 President of the Senate, the Speaker of the House of
26 Representatives, and the Chief Justice of the Supreme Court
27 that proposes alternative integration models and analyzes
28 associated advantages and disadvantages of each model. To the
29 extent possible, standards, protocols, and processes that
30 integrate disparate network systems using open standards, and
31 data warehouse and middleware connectivity strategies that
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1 maintain and leverage existing networks and information
2 systems should be considered in the report. For each
3 alternative integration model proposed, the board shall:
4 1. Analyze and describe the specific policy,
5 functional, operational, fiscal, and technical advantages and
6 disadvantages. This shall also include an analysis of the
7 specific plans and integration requirements related to the
8 Judicial Inquiry System developed by the Office of State Court
9 Administrator within the Supreme Court and the Comprehensive
10 Case Information System developed by the Florida Association
11 of Court Clerks and Comptroller, Inc.
12 2. Propose a system for maintaining security to
13 prevent unauthorized access to applications or data.
14
15 The report shall also propose an operational governance
16 structure to achieve and maintain the necessary level of
17 integration among system users at both the state and judicial
18 circuit levels as provided for in this subsection.
19 (6) For purposes of this section, integration shall be
20 defined as the minimum requirements needed to provide
21 authorized users of the state courts system, the legislature,
22 and authorized Executive Branch agencies access to data
23 reasonably required for the performance of official duties
24 regardless of where the data is maintained. Such access should
25 enable the secure and reliable transfer and exchange of state
26 court system and legislative reporting data across multiple
27 state and county systems involving multiple users at both the
28 state level and within each judicial circuit.
29 (7) The board may establish workgroups as needed that
30 shall be composed of representatives from their respective
31 organizations who are knowledgeable concerning applicable
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1 business functions, related data processing requirements, and
2 information system networks and infrastructure within their
3 respective jurisdiction.
4 (8) The appointment of board members shall be
5 completed in time to allow for the initial meeting of the
6 board to be held no later than August 15, 2004. The board
7 shall meet at the call of the chair.
8 (9) This section is repealed effective July 1, 2006.
9 Section 30. Subsection (1) of section 29.016, Florida
10 Statutes, as created by chapter 2003-402, Laws of Florida, is
11 amended to read:
12 29.016 Contingency fund; judicial branch.--
13 (1) An appropriation may be provided in the General
14 Appropriations Act for the judicial branch to serve as a
15 contingency fund to alleviate deficits in contracted due
16 process services appropriation categories, including private
17 court-appointed counsel categories, that may occur from time
18 to time due to extraordinary events that lead to unexpected
19 expenditures.
20 Section 31. Subsections (1) and (2) of section 34.01,
21 Florida Statutes, are amended to read:
22 34.01 Jurisdiction of county court.--
23 (1) County courts shall have original jurisdiction:
24 (a) In all misdemeanor cases not cognizable by the
25 circuit courts;
26 (b) Of all violations of municipal and county
27 ordinances; and
28 (c) Of all actions at law in which the matter in
29 controversy does not exceed the sum of $15,000, exclusive of
30 interest, costs, and attorney's fees, except those within the
31 exclusive jurisdiction of the circuit courts. The party
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1 instituting any civil action, suit, or proceeding pursuant to
2 this paragraph where the amount in controversy is in excess of
3 $5,000 shall pay to the clerk of the county court the filing
4 fees and service charges in the same amounts and in the same
5 manner as provided in s. 28.241.
6 (2) The county courts shall have jurisdiction
7 previously exercised by county judges' courts other than that
8 vested in the circuit court by s. 26.012, except that county
9 court judges may hear matters involving dissolution of
10 marriage under the simplified dissolution procedure pursuant
11 to the Rule 1.611(c), Florida Family Rules of Civil Procedure
12 or may issue a final order for dissolution in cases where the
13 matter is uncontested, and the jurisdiction previously
14 exercised by county courts, the claims court, small claims
15 courts, small claims magistrates courts, magistrates courts,
16 justice of the peace courts, municipal courts, and courts of
17 chartered counties, including but not limited to the counties
18 referred to in ss. 9, 10, 11, and 24, Art. VIII of the State
19 Constitution of 1885.
20 Section 32. Section 34.041, Florida Statutes, as
21 amended by chapter 2003-402, Laws of Florida, is amended to
22 read:
23 34.041 Filing fees.--
24 (1)(a) Upon the institution of any civil action, suit,
25 or proceeding in county court, the party shall clerk of court
26 may require the plaintiff, when filing an action or
27 proceeding, to pay the following filing fee, not to exceed:
28 1.(a) For all claims less than $100 ..............$50.
29 2.(b) For all claims of $100 or more but not more than
30 $500 .....................................................$75.
31 3.(c) For all claims of more than $500 but not more
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1 than $2,500..............................................$150.
2 4.(d) For all claims of more than $2,500.........$250.
3 5.(e) In addition, for all proceedings of garnishment,
4 attachment, replevin, and distress........................$75.
5 6.(f) For removal of tenant action................$75.
6
7 (b) The first $50 of the filing fee collected under
8 subparagraph (a)4. paragraph (d) shall be remitted to the
9 Department of Revenue for deposit into the General Revenue
10 Fund. One-third of any filing fees collected by the clerk
11 under this section paragraph (d) in excess of the first $50
12 collected under subparagraph (a)4. shall be remitted to the
13 Department of Revenue for deposit into the Department of
14 Revenue Clerks of the Court Trust Fund. An additional filing
15 fee of $4 shall be paid to the clerk. The clerk shall transfer
16 $3.50 to the Department of Revenue for deposit into the Court
17 Education Trust Fund and shall transfer 50 cents to the
18 Department of Revenue for deposit into the Department of
19 Financial Services' Administrative Trust Fund to fund clerk
20 education. Postal charges incurred by the clerk of the county
21 court in making service by mail on defendants or other parties
22 shall be paid by the party at whose instance service is made.
23 Except as provided herein, filing fees and service charges for
24 performing duties of the clerk relating to the county court
25 shall be as provided in ss. 28.24 and 28.241. Except as
26 otherwise provided herein, all filing fees shall be retained
27 as fee income of the office of the clerk of circuit court.
28 Filing fees imposed by this section may not be added to any
29 penalty imposed by chapter 316 or chapter 318.
30 (2) A party reopening any civil action, suit, or
31 proceeding in the county court shall pay to the clerk of court
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1 a filing fee set by the clerk in an amount not to exceed $25
2 for all claims of not more than $500 and an amount not to
3 exceed $50 for all claims of more than $500. For purposes of
4 this section, a case is reopened when a case previously
5 reported as disposed of is resubmitted to a court. A party is
6 exempt from paying the fee for any of the following:
7 1. A writ of garnishment;
8 2. A writ of replevin;
9 3. A distress writ;
10 4. A writ of attachment;
11 5. A motion for rehearing filed within 10 days;
12 6. A motion for attorney's fees filed within 30 days
13 of the entry of the judgment or final order;
14 7. A motion for dismissal filed after a mediation
15 agreement has been filed;
16 8. A motion to withdraw by attorneys;
17 9. Stipulations; or
18 10. Responsive pleadings.
19 (3)(2) If a nonindigent party fails shall fail to pay
20 accrued costs, though able to do so, the judge shall have
21 power to deny that party the right to file any new case while
22 such costs remain unpaid and, likewise, to deny such litigant
23 the right to proceed further in any pending case pending.
24 (4)(3) In criminal proceedings in county courts, costs
25 shall be taxed against a person in county court upon
26 conviction or estreature pursuant to chapter 939.
27 (5)(4) Upon the institution of any appellate
28 proceeding from the county court to the circuit court,
29 including any appeal filed by a county or municipality, the
30 clerk shall charge and collect filing fees as provided in s.
31 28.241(2) there shall be charged and collected from the party
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1 or parties instituting the such appellate proceedings,
2 including appeals filed by a county or municipality, filing
3 fees as provided in chapter 28. If the party is determined to
4 be indigent, the clerk shall defer payment of the fee.
5 (6)(5) A charge or a fee may not be imposed upon a
6 party for responding by pleading, motion, or other paper to a
7 civil or criminal action, suit, or proceeding in a county
8 court or to an appeal to the circuit court.
9 (7)(6) For purposes of this section, the term "party"
10 "plaintiff" includes a county or municipality filing any civil
11 action.
12 (8) From each attorney appearing pro hac vice, the
13 clerk must collect a fee of $100 for deposit into the General
14 Revenue Fund.
15 Section 33. Section 34.045, Florida Statutes, is
16 created to read:
17 34.045 Cost recovery; use of the county court for
18 ordinance or special law violations.--
19 (1)(a) In lieu of payment of a filing fee under s.
20 34.041, a filing fee of $10 shall be paid by a county or
21 municipality when filing a violation of a county or municipal
22 ordinance or a violation of a special law in county court.
23 This fee shall be paid to the clerk of the court for
24 performing court-related functions.
25 (b) No other filing fee may be assessed for filing the
26 violation in county court. If a person contests the violation
27 in court, the court shall assess $40 in costs against the
28 nonprevailing party. The county or municipality shall be
29 considered the prevailing party when there is a finding of
30 violation to any count or lesser included offense of the
31 charge. Cost recovered pursuant to this paragraph shall be
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1 deposited into the clerk's fine and forfeiture fund
2 established pursuant to s. 142.01.
3 (2) To offset costs incurred by the clerks of the
4 court in performing court-related functions associated with
5 the processing of violations of special laws and municipal
6 ordinances, 10 percent of the total amount of fines paid to
7 each municipality for special law or ordinance violations
8 filed in county court shall be retained by the clerk of the
9 court for deposit into the clerk's fine and forfeiture fund
10 established pursuant to s. 142.01, except for fines a portion
11 of which the clerk of the court retains pursuant to any other
12 provision of state law.
13 Section 34. Section 34.191, Florida Statutes, as
14 amended by chapter 2003-402, Laws of Florida, is amended to
15 read:
16 34.191 Fines and forfeitures; dispositions.--All fines
17 and forfeitures arising from offenses tried in the county
18 court shall be collected and accounted for by the clerk of the
19 court and, other than the charge provided in s. 318.1215,
20 disbursed in accordance with ss. 28.2402, 34.045, 142.01, and
21 142.13 and subject to the provisions of s. 28.246(5) and (6).
22 Notwithstanding the provisions of this section, all fines and
23 forfeitures arising from operation of the provisions of s.
24 318.1215 shall be disbursed in accordance with that section.
25 All fines and forfeitures received from violations of
26 municipal ordinances committed within a municipality within
27 the territorial jurisdiction of the county court, other than
28 the charge provided in s. 318.1215, shall be paid monthly to
29 the municipality except as provided in s. 28.2402(2), s.
30 34.045(2), s. 318.21, or s. 943.25. All other fines and
31 forfeitures collected by the clerk, other than the charge
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1 provided in s. 318.1215, shall be considered income of the
2 office of the clerk for use in performing court-related duties
3 of the office.
4 Section 35. Subsections (3) and (6) of section 35.22,
5 Florida Statutes, are amended to read:
6 35.22 Clerk of district court; appointment;
7 compensation; assistants; filing fees; teleconferencing.--
8 (3) The clerk, upon the filing of a certified copy of
9 a notice of appeal or petition, shall charge and collect a
10 filing fee service charge of $300 $250 for each case docketed,
11 and service charges as provided in s. 28.24 for copying,
12 certifying or furnishing opinions, records, papers or other
13 instruments and for other services the same service charges as
14 provided in s. 28.24. The State of Florida or its agencies,
15 when appearing as appellant or petitioner, is exempt from the
16 filing fee required in this subsection. From each attorney
17 appearance pro hac vice, the clerk shall collect a fee of $100
18 for deposit as provided in this section.
19 (6) The clerk of each district court of appeal is
20 required to deposit all fees collected in the State Treasury
21 to the credit of the General Revenue Fund, except that $50 of
22 each $300 filing fee collected shall be deposited into the
23 state court's Grants and Donations Trust Fund to fund court
24 improvement projects as authorized in the General
25 Appropriations Act. The clerk shall retain an accounting of
26 each such remittance.
27 Section 36. Section 39.0134, Florida Statutes, as
28 amended by chapter 2003-402, Laws of Florida, is amended to
29 read:
30 39.0134 Appointed counsel; compensation.--If counsel
31 is entitled to receive compensation for representation
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1 pursuant to a court appointment in a dependency proceeding or
2 a termination of parental rights proceeding pursuant to this
3 chapter, compensation shall be paid in accordance with s.
4 27.5304. The state may acquire and enforce a lien upon
5 court-ordered payment of attorney's fees and costs in
6 accordance with s. 984.08.
7 Section 37. Subsection (3) of section 39.3035, Florida
8 Statutes, is amended to read:
9 39.3035 Child advocacy centers; standards; state
10 funding.--
11 (3) A child advocacy center within this state may not
12 receive the funds generated pursuant to s. 983.10, state or
13 federal funds administered by a state agency, or any other
14 funds appropriated by the Legislature unless all of the
15 standards of subsection (1) are met and the screening
16 requirement of subsection (2) is met. The Florida Network of
17 Children's Advocacy Centers, Inc., shall be responsible for
18 tracking and documenting compliance with subsections (1) and
19 (2) for any of the funds it administers to member child
20 advocacy centers. Any child advocacy center within this state
21 that meets the standards of subsection (1) and is certified by
22 the Florida Network of Children's Advocacy Centers, Inc., as
23 being a full member in the organization shall be eligible to
24 receive state funds that are appropriated by the Legislature.
25 Section 38. Section 40.29, Florida Statutes, as
26 amended by chapter 2003-402, Laws of Florida, is amended to
27 read:
28 40.29 Payment of Clerks to make estimates and
29 requisitions for certain due process costs.--
30 (1)(a) Each clerk of the circuit court, on behalf of
31 the courts, the state attorney, and the public defender shall
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1 forward to the Justice Administrative Commission, by county, a
2 quarterly estimate of funds necessary to pay for witnesses,
3 except expert witnesses paid pursuant to a contract or other
4 professional services agreement, pursuant to ss. 29.005 and
5 29.006.
6 (b) Each clerk of the circuit court shall forward to
7 the Office of the State Courts Administrator, by county, a
8 quarterly estimate of funds necessary to pay juror
9 compensation. The clerk of the court in and for any county
10 shall make an estimate of the amount necessary during any
11 quarterly fiscal period beginning July 1 and during each
12 succeeding quarterly fiscal period for the payment by the
13 state of juror compensation and expenses; court reporter,
14 interpreter, and translator services; witnesses, including
15 expert witnesses; mental health professionals; and private
16 court-appointed counsel, each in accordance with the
17 applicable requirements of ss. 29.005, 29.006, and 29.007. The
18 clerk of such court shall forward each such estimate to the
19 Justice Administrative Commission no later than the date
20 scheduled by the Justice Administrative Commission. At the
21 time of any forwarding of such estimate, the clerk of such
22 court shall make a requisition upon the Justice Administrative
23 Commission for the amount of such estimate; and the Justice
24 Administrative Commission may reduce the amount upon finding
25 that the costs are unreasonable, inconsistent with applicable
26 contractual terms, or inconsistent with compensation standards
27 established by general law.
28 (2) Upon receipt of an estimate pursuant to subsection
29 (1), the Justice Administrative Commission or Office of State
30 Courts Administrator, as applicable, shall endorse the amount
31 deemed necessary for payment by the clerk of the court during
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1 the quarterly fiscal period and shall submit a request for
2 payment to the Chief Financial Officer. The provisions of
3 chapter 82-176, Laws of Florida, shall take effect July 1,
4 1982, except that those provisions which provide for the state
5 assumption of witness fees which are currently paid by the
6 counties shall take effect on a date determined by the
7 appropriation of funds for this purpose.
8 (3) Upon receipt of the funds from the Chief Financial
9 Officer, the clerk of the court shall pay all invoices
10 approved and submitted by the state attorney, public defender,
11 and circuit court administrator for the items enumerated in
12 paragraphs (1)(a) and (b).
13 (4) After review for compliance with applicable rates
14 and requirements, the Justice Administrative Commission shall
15 pay all due process service related invoices, except those
16 enumerated in paragraphs (1)(a) and (b), approved and
17 submitted by the state attorney, public defender, or court
18 appointed counsel in accordance with the applicable
19 requirements of ss. 29.005, 29.006, and 29.007.
20 Section 39. Section 40.32, Florida Statutes, is
21 amended to read:
22 40.32 Clerks to disburse money.--All moneys drawn from
23 the treasury under the provisions of this chapter by the clerk
24 of the court shall be disbursed by the clerk of the court as
25 far as needed in payment of jurors and witnesses, except for
26 expert witnesses paid pursuant to a contract or other
27 professional services agreement pursuant to ss. 29.004,
28 29.005, 29.006, and 29.007, for the legal compensation for
29 service during the quarterly fiscal period for which said
30 moneys were drawn and for no other purposes. Jurors and
31 witnesses shall be paid by the clerk of the court either in
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1 cash or by warrant within 20 days after completion of jury
2 service or of completion of service as a witness. Whenever the
3 clerk of the court pays a juror or witness by cash, said juror
4 or witness shall sign the payroll in the presence of the
5 clerk, a deputy clerk, or some other person designated by the
6 clerk. Whenever the clerk pays a juror or witness by warrant,
7 he or she shall endorse on the payroll opposite the juror's or
8 witness's name the words "Paid by warrant," giving the number
9 and date of the warrant.
10 Section 40. Section 40.33, Florida Statutes, is
11 amended to read:
12 40.33 Deficiency.--If the funds required for payment
13 of the items enumerated in s. 40.29(1)(a) or (b) in any county
14 compensation of jurors and witnesses during a quarterly fiscal
15 period exceeds the amount of the funds provided pursuant to s.
16 40.29(3) estimated by the clerk of the court and therefore is
17 insufficient to pay in full the jurors and witnesses, the
18 state attorney or public defender, as applicable, clerk of the
19 court shall make a further request requisition upon the
20 Justice Administrative Commission for the items enumerated in
21 s. 40.29(1)(a) or the clerk of court shall make a further
22 request upon the Office of the State Courts Administrator for
23 items enumerated in s. 40.29(1)(b) for the amount necessary to
24 allow for full payment pay such default, and the amount
25 required shall be transmitted to the clerk of the court by
26 warrant issued by the Chief Financial Officer in the same
27 manner as the original requisition or order.
28 Section 41. Section 40.361, Florida Statutes, is
29 created to read:
30 40.361 Applicability of laws regarding state budgeting
31 and finances.--The requirements contained within chapter 216,
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1 including the provisions of s. 216.192 related to release of
2 funds, chapter 29, including ss. 29.015 and 29.016 related to
3 use of contingency funds for due process services, and all
4 other laws of this state relating to state budgeting and
5 financing shall apply to all processes authorized or required
6 under this chapter for the payment of the items enumerated in
7 s. 40.29(1)(a) and (b).
8 Section 42. Subsection (1) of section 43.16, Florida
9 Statutes, is amended to read:
10 43.16 Justice Administrative Commission; membership,
11 powers and duties.--
12 (1) There is hereby created a Justice Administrative
13 Commission, with headquarters located in the state capital.
14 The necessary office space for use of the commission shall be
15 furnished by the proper state agency in charge of state
16 buildings. For purposes of the fees imposed on agencies
17 pursuant to s. 287.057(23), the Justice Administrative
18 Commission shall be exempt from such fees.
19 Section 43. Subsection (3) of section 44.103, Florida
20 Statutes, is amended to read:
21 44.103 Court-ordered, nonbinding arbitration.--
22 (3) Arbitrators shall be selected and compensated in
23 accordance with rules adopted by the Supreme Court.
24 Arbitrators shall may be compensated by the county or by the
25 parties, or, upon a finding by the court that a party is
26 indigent, an arbitrator may be partially or fully compensated
27 from state funds according to the party's present ability to
28 pay. Prior to approving the use of state funds to reimburse an
29 arbitrator, the court must ensure that the party reimburses
30 the portion of the total cost that the party is immediately
31 able to pay and that the party has agreed to a payment plan
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1 established by the clerk of the court that will fully
2 reimburse the state for the balance of all state costs for
3 both the arbitrator and any costs of administering the payment
4 plan and any collection efforts that may be necessary in the
5 future. Compensation for arbitrators shall not exceed $200 per
6 day, unless otherwise agreed by the parties and approved by
7 the court. Whenever possible, qualified individuals who have
8 volunteered their time to serve as arbitrators shall be
9 appointed. If an arbitration program is funded pursuant to s.
10 44.108, volunteer arbitrators shall be entitled to be
11 reimbursed pursuant to s. 112.061 for all actual expenses
12 necessitated by service as an arbitrator.
13 Section 44. Section 44.108, Florida Statutes, as
14 amended by chapter 2003-402, Laws of Florida, is amended to
15 read:
16 44.108 Funding of mediation and arbitration.--
17 (1) Mediation and arbitration should be accessible to
18 all parties regardless of financial status. A filing fee of $1
19 is levied on all proceedings in the circuit or county courts
20 to fund mediation and arbitration services which are the
21 responsibility of the Supreme Court pursuant to the provisions
22 of s. 44.106. The clerk of the court shall forward the moneys
23 collected to the Department of Revenue for deposit in the
24 state courts' Mediation and Arbitration Trust Fund.
25 (2) When court-ordered mediation services are provided
26 by a circuit court's mediation program, the following fees,
27 unless otherwise established in the General Appropriations
28 Act, shall be collected by the clerk of court:
29 (a) Eighty dollars per person per session in family
30 mediation when the parties' combined income is greater than
31 $50,000, but less than $100,000 per year;
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1 (b) Forty dollars per person per session in family
2 mediation when the parties' combined income is less than
3 $50,000; or
4 (c) Forty dollars per person per session in county
5 court cases.
6
7 No mediation fees shall be assessed under this subsection in
8 eviction cases, against a party found to be indigent, or for
9 any small claims action. Fees collected by the clerk of court
10 pursuant to this section shall be remitted to the Department
11 of Revenue for deposit into the state court s Mediation and
12 Arbitration Trust Fund to fund court-ordered mediation. The
13 clerk of court may deduct $1 per fee assessment for processing
14 this fee.
15 Section 45. Subsection (1) of section 45.031, Florida
16 Statutes, is amended to read:
17 45.031 Judicial sales procedure.--In any sale of real
18 or personal property under an order or judgment, the following
19 procedure may be followed as an alternative to any other sale
20 procedure if so ordered by the court:
21 (1) SALE BY CLERK.--In the order or final judgment,
22 the court shall direct the clerk to sell the property at
23 public sale on a specified day that shall be not less than 20
24 days or more than 35 days after the date thereof, on terms and
25 conditions specified in the order or judgment. A sale may be
26 held more than 35 days after the date of final judgment or
27 order if the plaintiff or plaintiff's attorney consents to
28 such time. Any sale held more than 35 days after the final
29 judgment or order shall not affect the validity or finality of
30 the final judgment or order or any sale held pursuant thereto.
31 Notice of sale shall be published once a week for 2
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1 consecutive weeks in a newspaper of general circulation, as
2 defined in chapter 50, published in the county where the sale
3 is to be held. The second publication shall be at least 5 days
4 before the sale. The notice shall contain:
5 (a) A description of the property to be sold.
6 (b) The time and place of sale.
7 (c) A statement that the sale will be made pursuant to
8 the order or final judgment.
9 (d) The caption of the action.
10 (e) The name of the clerk making the sale.
11
12 The clerk shall receive a service charge of up to $60 $40 for
13 services in making, recording, and certifying the sale and
14 title that shall be assessed as costs. The court, in its
15 discretion, may enlarge the time of the sale. Notice of the
16 changed time of sale shall be published as provided herein.
17 Section 46. Section 50.0711, Florida Statutes, is
18 created to read:
19 50.0711 Court docket fund; service charges;
20 publications.--
21 (1) The clerk of the court in each county may
22 establish a court docket fund for the purpose of paying the
23 cost of publication of the fact of the filing of any civil
24 case in the circuit court of the county by the style and of
25 the calendar relating to such cases. This court docket fund
26 shall be funded by $1 mandatory court cost for all civil
27 actions, suits, or proceedings filed in the circuit court of
28 the county. The clerk shall maintain such funds separate and
29 apart, and the proceeds from this court cost shall not be
30 diverted to any other fund or for any purpose other than that
31 established in this section. The clerk of the court shall
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1 dispense the fund to the designated record newspaper in the
2 county on a quarterly basis.
3 (2) A newspaper qualified under the terms of s. 50.011
4 shall be designated as the record newspaper for such
5 publication by an order of the majority of the judges in the
6 judicial circuit in which such county is located, and such
7 order shall be filed and recorded with the clerk of the
8 circuit court for such county. The designated record newspaper
9 may be changed at the end of any fiscal year of the county by
10 a majority vote of the judges of the judicial circuit of the
11 county ordering such change 30 days prior to the end of the
12 fiscal year, notice of which order shall be given to the
13 previously designated record newspaper.
14 (3) The publishers of any designated record newspapers
15 receiving payment from this court docket fund shall publish,
16 without additional charge, the fact of the filing of any civil
17 case, suit, or action filed in such county in the circuit.
18 Such publication shall be in accordance with a schedule agreed
19 upon between the record newspaper and the clerk of the court
20 in such county.
21 (4) The publishers of any designated record newspapers
22 receiving revenues from the court docket fund established in
23 subsection (1) shall, without charge, accept legal
24 advertisements for the purpose of service of process by
25 publication under s. 49.011(4), (10), and (11) when such
26 publication is required of persons authorized to proceed as
27 indigent persons under s. 57.081.
28 Section 47. Subsection (5) of section 55.10, Florida
29 Statutes, as amended by chapter 2003-402, Laws of Florida, is
30 amended to read:
31 55.10 Judgments, orders, and decrees; lien of all,
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1 generally; extension of liens; transfer of liens to other
2 security.--
3 (5) Any lien claimed under this section may be
4 transferred, by any person having an interest in the real
5 property upon which the lien is imposed or the contract under
6 which the lien is claimed, from such real property to other
7 security by either depositing in the clerk's office a sum of
8 money or filing in the clerk's office a bond executed as
9 surety by a surety insurer licensed to do business in this
10 state. Such deposit or bond shall be in an amount equal to the
11 amount demanded in such claim of lien plus interest thereon at
12 the legal rate for 3 years plus $500 to apply on any court
13 costs which may be taxed in any proceeding to enforce said
14 lien. Such deposit or bond shall be conditioned to pay any
15 judgment, order, or decree which may be rendered for the
16 satisfaction of the lien for which such claim of lien was
17 recorded and costs plus $500 for court costs. Upon such
18 deposit being made or such bond being filed, the clerk shall
19 make and record a certificate showing the transfer of the lien
20 from the real property to the security and mail a copy thereof
21 by registered or certified mail to the lienor named in the
22 claim of lien so transferred, at the address stated therein.
23 Upon the filing of the certificate of transfer, the real
24 property shall thereupon be released from the lien claimed,
25 and such lien shall be transferred to said security. The clerk
26 shall be entitled to a service charge fee of up to $15 for
27 making and serving the certificate. If the transaction
28 involves the transfer of multiple liens, an additional service
29 charge of up to $7.50 for each additional lien shall be
30 charged. Any number of liens may be transferred to one such
31 security.
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1 Section 48. Subsection (2) of section 55.141, Florida
2 Statutes, as amended by chapter 2003-402, Laws of Florida, is
3 amended to read:
4 55.141 Satisfaction of judgments and decrees; duties
5 of clerk and judge.--
6 (2) Upon such payment, the clerk, or the judge if
7 there is no clerk, shall issue his or her receipt therefor and
8 shall record a satisfaction of judgment, provided by the
9 judgment holder, upon payment of the recording charge
10 prescribed in s. 28.24(15)(12) plus the necessary costs of
11 mailing to the clerk or judge. The clerk or judge shall
12 formally notify the owner of record of such judgment or
13 decree, if such person and his or her address are known to the
14 clerk or judge receiving such payment, and, upon request
15 therefor, shall pay over to the person entitled, or to his or
16 her order, the full amount of the payment so received, less
17 his or her service charge fees for providing a receipt upon
18 the court issuing a writ of execution on such judgment or
19 decree, if any has been issued, and less his or her service
20 charge fees for receiving into and paying out of the registry
21 of the court such payment, together with the service charge
22 fees of the clerk for receiving into and paying such money out
23 of the registry of the court.
24 Section 49. Subsections (2), (3), (4), and (5) of
25 section 57.085, Florida Statutes, as amended by chapter
26 2003-402, Laws of Florida, are amended to read:
27 57.085 Deferral Waiver of prepayment of court costs
28 and fees for indigent prisoners.--
29 (2) When a prisoner who is intervening in or
30 initiating a judicial proceeding seeks to defer the prepayment
31 of court costs and fees because of indigence, the prisoner
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1 must file an affidavit of indigence with the appropriate clerk
2 of the court. The affidavit must contain complete information
3 about the prisoner's identity; the nature and amount of the
4 prisoner's income; all real property owned by the prisoner;
5 all tangible and intangible property worth more than $100
6 which is owned by the prisoner; the amount of cash held by the
7 prisoner; the balance of any checking, savings, or money
8 market account held by the prisoner; the prisoner's
9 dependents, including their names and ages; the prisoner's
10 debts, including the name of each creditor and the amount owed
11 to each creditor; and the prisoner's monthly expenses. The
12 prisoner must certify in the affidavit whether the prisoner
13 has been adjudicated indigent under this section, certified
14 indigent under s. 57.081, or authorized to proceed as an
15 indigent under 28 U.S.C. s. 1915 by a federal court. The
16 prisoner must attach to the affidavit a photocopy of the
17 prisoner's trust account records for the preceding 6 months or
18 for the length of the prisoner's incarceration, whichever
19 period is shorter. The affidavit must contain the following
20 statements: "I am presently unable to pay court costs and
21 fees. Under penalty of perjury, I swear or affirm that all
22 statements in this affidavit are true and complete."
23 (3) Before a prisoner may receive a deferral of
24 prepayment of any court costs and fees for an action brought
25 under this section, the clerk of court must review the
26 affidavit and determine certify the prisoner to be is
27 indigent.
28 (4) When the clerk has found the prisoner to be
29 indigent issued a certificate of indigence under this section
30 but concludes the prisoner is able to pay part of the court
31 costs and fees required by law, the court shall order the
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1 prisoner to make, prior to service of process, an initial
2 partial payment of those court costs and fees. The initial
3 partial payment must total at least 20 percent of the average
4 monthly balance of the prisoner's trust account for the
5 preceding 6 months or for the length of the prisoner's
6 incarceration, whichever period is shorter.
7 (5) When the clerk has found the prisoner to be
8 indigent issued a certificate of indigence under this section,
9 the court shall order the prisoner to make monthly payments of
10 no less than 20 percent of the balance of the prisoner's trust
11 account as payment of court costs and fees. When a court
12 orders such payment, the Department of Corrections or the
13 local detention facility shall place a lien on the inmate's
14 trust account for the full amount of the court costs and fees,
15 and shall withdraw money maintained in that trust account and
16 forward the money, when the balance exceeds $10, to the
17 appropriate clerk of the court until the prisoner's court
18 costs and fees are paid in full.
19 Section 50. Paragraphs (b), (d), (e), and (f) of
20 subsection (6) of section 61.14, Florida Statutes, as amended
21 by chapter 2003-402, Laws of Florida, are amended to read:
22 61.14 Enforcement and modification of support,
23 maintenance, or alimony agreements or orders.--
24 (6)
25 (b)1. When an obligor is 15 days delinquent in making
26 a payment or installment of support and the amount of the
27 delinquency is greater than the periodic payment amount
28 ordered by the court, the local depository shall serve notice
29 on the obligor informing him or her of:
30 a. The delinquency and its amount.
31 b. An impending judgment by operation of law against
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1 him or her in the amount of the delinquency and all other
2 amounts which thereafter become due and are unpaid, together
3 with costs and a service charge fee of up to $7.50 $5, for
4 failure to pay the amount of the delinquency.
5 c. The obligor's right to contest the impending
6 judgment and the ground upon which such contest can be made.
7 d. The local depository's authority to release
8 information regarding the delinquency to one or more credit
9 reporting agencies.
10 2. The local depository shall serve the notice by
11 mailing it by first class mail to the obligor at his or her
12 last address of record with the local depository. If the
13 obligor has no address of record with the local depository,
14 service shall be by publication as provided in chapter 49.
15 3. When service of the notice is made by mail, service
16 is complete on the date of mailing.
17 (d) The court shall hear the obligor's motion to
18 contest the impending judgment within 15 days after the date
19 of the filing of the motion. Upon the court's denial of the
20 obligor's motion, the amount of the delinquency and all other
21 amounts which thereafter become due, together with costs and a
22 service charge fee of up to $7.50, become a final judgment by
23 operation of law against the obligor. The depository shall
24 charge interest at the rate established in s. 55.03 on all
25 judgments for support.
26 (e) If the obligor fails to file a motion to contest
27 the impending judgment within the time limit prescribed in
28 paragraph (c) and fails to pay the amount of the delinquency
29 and all other amounts which thereafter become due, together
30 with costs and a service charge fee of up to $7.50, such
31 amounts become a final judgment by operation of law against
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1 the obligor at the expiration of the time for filing a motion
2 to contest the impending judgment.
3 (f)1. Upon request of any person, the local depository
4 shall issue, upon payment of a service charge fee of up to
5 $7.50, a payoff statement of the total amount due under the
6 judgment at the time of the request. The statement may be
7 relied upon by the person for up to 30 days from the time it
8 is issued unless proof of satisfaction of the judgment is
9 provided.
10 2. When the depository records show that the obligor's
11 account is current, the depository shall record a satisfaction
12 of the judgment upon request of any interested person and upon
13 receipt of the appropriate recording fee. Any person shall be
14 entitled to rely upon the recording of the satisfaction.
15 3. The local depository, at the direction of the
16 department, or the obligee in a non-IV-D case, may partially
17 release the judgment as to specific real property, and the
18 depository shall record a partial release upon receipt of the
19 appropriate recording fee.
20 4. The local depository is not liable for errors in
21 its recordkeeping, except when an error is a result of
22 unlawful activity or gross negligence by the clerk or his or
23 her employees.
24 Section 51. Paragraph (b) of subsection (2) of section
25 61.181, Florida Statutes, as amended by chapter 2003-402, Laws
26 of Florida, is amended to read:
27 61.181 Depository for alimony transactions, support,
28 maintenance, and support payments; fees.--
29 (2)
30 (b)1. For the period of July 1, 1992, through June 30,
31 2004, The fee imposed in paragraph (a) shall be increased to 4
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1 percent of the support payments which the party is obligated
2 to pay, except that no fee shall be more than $5.25. The fee
3 shall be considered by the court in determining the amount of
4 support that the obligor is, or may be, required to pay.
5 Notwithstanding the provisions of s. 145.022, 75 percent of
6 the additional revenues generated by this paragraph shall be
7 remitted monthly to the Clerk of the Court Child Support
8 Enforcement Collection System Trust Fund administered by the
9 department as provided in subparagraph 2. These funds shall be
10 used exclusively for the development, implementation, and
11 operation of the Clerk of the Court Child Support Enforcement
12 Collection System to be operated by the depositories,
13 including the automation of civil case information necessary
14 for the State Case Registry. The department shall contract
15 with the Florida Association of Court Clerks and the
16 depositories to design, establish, operate, upgrade, and
17 maintain the automation of the depositories to include, but
18 not be limited to, the provision of on-line electronic
19 transfer of information to the IV-D agency as otherwise
20 required by this chapter. The department's obligation to fund
21 the automation of the depositories is limited to the state
22 share of funds available in the Clerk of the Court Child
23 Support Enforcement Collection System Trust Fund. Each
24 depository created under this section shall fully participate
25 in the Clerk of the Court Child Support Enforcement Collection
26 System and transmit data in a readable format as required by
27 the contract between the Florida Association of Court Clerks
28 and the department.
29 2. Moneys to be remitted to the department by the
30 depository shall be done daily by electronic funds transfer
31 and calculated as follows:
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1 a. For each support payment of less than $33, 18.75
2 cents.
3 b. For each support payment between $33 and $140, an
4 amount equal to 18.75 percent of the fee charged.
5 c. For each support payment in excess of $140, 18.75
6 cents.
7 3. The fees established by this section shall be set
8 forth and included in every order of support entered by a
9 court of this state which requires payment to be made into the
10 depository.
11 Section 52. Subsections (1) and (2) of section 125.69,
12 Florida Statutes, as amended by chapter 2003-402, Laws of
13 Florida, are amended, subsections (3), (4), and (5) of said
14 section are renumbered as subsections (2), (3), and (4),
15 respectively, and present subsections (3) and (4) of said
16 section are amended, to read:
17 125.69 Penalties; enforcement by code inspectors.--
18 (1) Violations of county ordinances shall be
19 prosecuted in the same manner as misdemeanors are prosecuted.
20 Such violations shall be prosecuted in the name of the state
21 county in a court having jurisdiction of misdemeanors by the
22 prosecuting attorney thereof and upon conviction shall be
23 punished by a fine not to exceed $500 or by imprisonment in
24 the county jail not to exceed 60 days or by both such fine and
25 imprisonment. However, a county may specify, by ordinance, a
26 violation of a county ordinance which is punishable by a fine
27 in an amount exceeding $500, but not exceeding $2,000 a day,
28 if the county must have authority to punish a violation of
29 that ordinance by a fine in an amount greater than $500 in
30 order for the county to carry out a federally mandated
31 program.
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1 (2) For the purpose of prosecuting violations of
2 special laws and county ordinances notwithstanding the
3 prosecutorial authority of the state attorney pursuant to s.
4 27.02(1), the board of county commissioners of each county and
5 the governing board of each charter county may designate as
6 the county's prosecuting attorney an attorney employed by the
7 county or a contract attorney. Subject to the control and
8 oversight of the appointing authority, such attorney may
9 employ assistants as necessary. Such person shall have all
10 powers exercisable by the state attorney in the prosecution of
11 violations of county ordinances under this section as of June
12 30, 2004. Such person shall be subject to suspension and
13 removal by the Governor and Senate from the exercise of
14 prosecutorial powers in the same manner as state attorneys.
15 (2)(3) Each county is authorized and required to pay
16 any attorney appointed by the court to represent a defendant
17 charged with a criminal violation of a special law or county
18 ordinance not ancillary to a state charge prosecuted under
19 this section if the defendant is indigent and otherwise
20 entitled to court-appointed counsel under provision of an
21 attorney at public expense is required by the Constitution of
22 the United States or the Constitution of the State of Florida
23 and if the party is indigent as established pursuant to s.
24 27.52. In these such cases, the court shall appoint counsel to
25 represent the defendant in accordance with s. 27.40, and shall
26 order the county to pay the reasonable attorney's fees,
27 expenses, and costs, and related expenses of the of such
28 defense. The county may contract with the public defender of
29 the judicial circuit in which the county is located to serve
30 as court-appointed counsel pursuant to s. 27.54.
31 (3)(4) The county shall bear all court fees and costs
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1 of any prosecution under this section, and may, If the county
2 is the prevailing party it prevails, the county may recover
3 the court fees and costs paid by it and the fees and expenses
4 paid to court-appointed counsel as part of its judgment. The
5 state shall bear no expense of actions brought under this
6 section except those that it would bear in an ordinary civil
7 action between private parties in county court.
8 Section 53. Subsection (3) of section 129.02, Florida
9 Statutes, is amended to read:
10 129.02 Requisites of budgets.--Each budget shall
11 conform to the following specific directions and requirements:
12 (3) The budget for the county fine and forfeiture fund
13 budget shall contain an estimate of receipts by source and
14 balances as provided herein, and an itemized estimate of
15 expenditures that need to be incurred to carry on all criminal
16 prosecution as provided in s. 142.01, and all other law
17 enforcement functions and activities of the county now or
18 hereafter authorized by law, and of indebtedness of the county
19 fine and forfeiture fund; also of the reserve for
20 contingencies and the balance, as hereinbefore provided, which
21 should be carried forward at the end of the year.
22 Section 54. Section 142.01, Florida Statutes, as
23 amended by chapter 2003-402, Laws of Florida, is amended to
24 read:
25 142.01 Fine and forfeiture fund; clerk of the circuit
26 court.--There shall be established by the clerk of the circuit
27 court in each county of this state a separate fund to be known
28 as the fine and forfeiture fund for use by the clerk of the
29 circuit court in performing court-related functions. The fund
30 shall consist of the following:
31 (1) Fines and penalties pursuant to ss. 28.2402(2),
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1 34.045(2), 316.193, 327.35, 327.72, 372.72(1), and 775.083(1).
2 (2) That portion of civil penalties directed to this
3 fund pursuant to s. 318.21.
4 (3) Court costs pursuant to ss. 28.2402(1)(b),
5 34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
6 (11)(a), and 938.05(3).
7 (4) Proceeds from forfeited bail bonds or
8 recognizances pursuant to ss. 321.05(4)(a), 372.72(1), and
9 903.26(3)(a).
10 (5) Fines and forfeitures pursuant to s. 34.191.
11 (6) All other revenues received by the clerk as
12 revenue authorized by law to be retained by the clerk.
13
14 Notwithstanding the provisions of this section, all fines and
15 forfeitures arising from operation of the provisions of s.
16 318.1215 shall be disbursed in accordance with that section.
17 all fines and forfeitures collected by the clerk of the court
18 for violations of the penal or traffic laws of the state,
19 except those fines imposed under s. 775.0835(1); allocations
20 of court costs and civil penalties pursuant to ss. 318.18 and
21 318.21; assessments imposed under ss. 938.21, 938.23, and
22 938.25; and all costs refunded to the county.
23 Section 55. Section 142.03, Florida Statutes, as
24 amended by chapter 2003-402, Laws of Florida, is amended to
25 read:
26 142.03 Disposition of fines, forfeitures, and civil
27 penalties to municipalities.--Except as to Fines, forfeitures,
28 and civil penalties collected in cases involving violations of
29 municipal ordinances, violations of chapter 316 committed
30 within a municipality, or infractions under the provisions of
31 chapter 318 committed within a municipality, in which cases
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1 such fines, forfeitures, and civil penalties shall be fully
2 paid in full each month monthly to the appropriate
3 municipality as provided in ss. 28.2402, 34.045 34.191,
4 316.660, and 318.21, and except as to fines imposed under s.
5 775.0835(1), and assessments imposed under ss. 938.21, 938.23,
6 and 938.25, all fines imposed under the penal laws of this
7 state in all other cases, and the proceeds of all forfeited
8 bail bonds or recognizances in all other cases, shall be paid
9 into the fine and forfeiture fund of the clerk of the county
10 in which the indictment was found or the prosecution
11 commenced, and judgment must be entered therefor in favor of
12 the state for the use by the clerk of the circuit court in
13 performing court-related functions.
14 Section 56. Section 142.09, Florida Statutes, is
15 amended to read:
16 142.09 If defendant is not convicted or dies.--If the
17 defendant is not convicted, or the prosecution is abated by
18 the death of the defendant, or if the costs are imposed on the
19 defendant and execution against him or her is returned no
20 property found, or if a nolle prosse be entered, in each of
21 these cases the fees of witnesses and officers arising from
22 criminal causes shall be paid by the state county in the
23 manner specified in s. 40.29 ss. 142.10-142.12; provided, that
24 when a committing magistrate holds to bail or commits a person
25 to answer to a criminal charge and an information is not filed
26 or an indictment found against such person, the costs and fees
27 of such committing trial shall not be paid by the state
28 county, except the costs of executing the warrants.
29 Section 57. Subsection (3) is added to section
30 218.245, Florida Statutes, to read:
31 218.245 Revenue sharing; apportionment.--
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1 (3) Revenues attributed to the increase in
2 distribution to the Revenue Sharing Trust Fund for
3 Municipalities pursuant to s. 212.20(6)(d)6. from 1.0715
4 percent to 1.3409 percent provided in chapter 2003-402, Laws
5 of Florida, shall be distributed to each eligible municipality
6 and any unit of local government which is consolidated as
7 provided by s. 9, Article VIII of the State Constitution of
8 1885, as preserved by s. 6(e), Art. VIII, 1968 revised
9 constitution, as follows: each eligible local government's
10 allocation shall be based on the amount it received from the
11 half-cent sales tax under s. 218.61 in the prior state fiscal
12 year divided by the total receipts under s. 218.61 in the
13 prior state fiscal year for all eligible local governments.
14 For eligible municipalities that began participating in the
15 allocation of half-cent sales tax under s. 218.61 in the
16 previous state fiscal year, their annual receipts shall be
17 calculated by dividing their actual receipts by the number of
18 months they participated, and the result multiplied by 12.
19 Section 58. Paragraph (b) of subsection (10) of
20 section 318.14, Florida Statutes, is amended to read:
21 318.14 Noncriminal traffic infractions; exception;
22 procedures.--
23 (10)
24 (b) Any person cited for an offense listed in this
25 subsection shall present proof of compliance prior to the
26 scheduled court appearance date. For the purposes of this
27 subsection, proof of compliance shall consist of a valid,
28 renewed, or reinstated driver's license or registration
29 certificate and proper proof of maintenance of security as
30 required by s. 316.646. Notwithstanding waiver of fine, any
31 person establishing proof of compliance shall be assessed
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1 court costs of $22, except that a person charged with
2 violation of s. 316.646(1)-(3) may be assessed court costs of
3 $7. One dollar of such costs shall be remitted to the
4 Department of Revenue for deposit into the Child Welfare
5 Training Trust Fund of the Department of Children and Family
6 Services. One dollar of such costs shall be distributed to the
7 Department of Juvenile Justice for deposit into the Juvenile
8 Justice Training Trust Fund. Twelve dollars of such costs
9 shall be distributed to the municipality and $8 shall be
10 deposited by the clerk of the court into the fine and
11 forfeiture fund established pursuant to s. 142.01 retained by
12 the county, if the offense was committed within the
13 municipality. If the offense was committed in an
14 unincorporated area of a county or if the citation was for a
15 violation of s. 316.646(1)-(3), the county shall retain the
16 entire amount shall be deposited by the clerk of the court
17 into the fine and forfeiture fund established pursuant to s.
18 142.01, except for the moneys to be deposited into the Child
19 Welfare Training Trust Fund and the Juvenile Justice Training
20 Trust Fund. This subsection shall not be construed to
21 authorize the operation of a vehicle without a valid driver's
22 license, without a valid vehicle tag and registration, or
23 without the maintenance of required security.
24 Section 59. Subsection (2) of section 318.15, Florida
25 Statutes, as amended by chapter 2003-402, Laws of Florida, is
26 amended to read:
27 318.15 Failure to comply with civil penalty or to
28 appear; penalty.--
29 (2) After suspension of the driver's license and
30 privilege to drive of a person under subsection (1), the
31 license and privilege may not be reinstated until the person
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1 complies with all obligations and penalties imposed on him or
2 her under s. 318.18 and presents to a driver license office a
3 certificate of compliance issued by the court, together with a
4 nonrefundable service charge fee of up to $47.50 $37.50
5 imposed under s. 322.29, or presents a certificate of
6 compliance and pays the aforementioned service charge fee of
7 up to $47.50 $37.50 to the clerk of the court or tax collector
8 clearing such suspension. Of the charge collected by the clerk
9 of the court or the tax collector, $10 shall be remitted to
10 the Department of Revenue to be deposited into the Highway
11 Safety Operating Trust Fund. Such person shall also be in
12 compliance with requirements of chapter 322 prior to
13 reinstatement.
14 Section 60. Subsection (11) of section 318.18, Florida
15 Statutes, as amended by chapter 2003-402, Laws of Florida, is
16 amended, and subsection (13) is added to said section, to
17 read:
18 318.18 Amount of civil penalties.--The penalties
19 required for a noncriminal disposition pursuant to s. 318.14
20 are as follows:
21 (11)(a) Court costs that are to be In addition to the
22 stated fine, court costs must be paid in an amount not less
23 than the following amounts and shall be deposited by the clerk
24 into the fine and forfeiture fund established pursuant to s.
25 142.01:
26
27 For pedestrian infractions................................$ 3.
28 For nonmoving traffic infractions........................$ 16.
29 For moving traffic infractions...........................$ 30.
30
31 (b) In addition to the court cost required under
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1 paragraph (a), up to $3 for each infraction shall be collected
2 and distributed by the clerk in those counties that have been
3 authorized to establish a criminal justice selection center or
4 a criminal justice access and assessment center pursuant to
5 the following special acts of the Legislature:
6 1. Chapter 87-423, Laws of Florida, for Brevard
7 County.
8 2. Chapter 89-521, Laws of Florida, for Bay County.
9 3. Chapter 94-444, Laws of Florida, for Alachua
10 County.
11 4. Chapter 97-333, Laws of Florida, for Pinellas
12 County.
13
14 Funds collected by the clerk pursuant to this paragraph shall
15 be distributed to the centers authorized by those special
16 acts.
17 (c) In addition to the court cost required under
18 paragraph (a), a $2.50 court cost must be paid for each
19 infraction to be distributed by the clerk to the county to
20 help pay for criminal justice education and training programs
21 pursuant to s. 938.15. Funds from the distribution to the
22 county not directed by the county to fund these centers or
23 programs shall be retained by the clerk and used for funding
24 the court-related services of the clerk.
25 (d)(b) In addition to the court cost required under
26 paragraph (a), a $3 court cost must be paid for each
27 infraction to be distributed as provided in s. 938.01 and a $2
28 court cost as provided in s. 938.15 when assessed by a
29 municipality or county.
30 (13) In addition to any penalties imposed for
31 noncriminal traffic infractions pursuant to chapter 318 or
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1 imposed for criminal violations listed in s. 318.17, a board
2 of county commissioners or any unit of local government which
3 is consolidated as provided by s. 9, Art. VIII of the State
4 Constitution of 1885, as preserved by s. 6(e), Art. VIII of
5 the Constitution of 1968:
6 (a) May impose by ordinance a surcharge of up to $15
7 for any infraction or violation to fund state court
8 facilities. The court shall not waive this surcharge.
9 (b) That imposed increased fees or service charges by
10 ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
11 purpose of securing payment of the principal and interest on
12 bonds issued by the county before July 1, 2003, to finance
13 state court facilities, may impose by ordinance a surcharge
14 for any infraction or violation for the exclusive purpose of
15 securing payment of the principal and interest on bonds issued
16 by the county before July 1, 2003, to fund state court
17 facilities until the date of stated maturity. The court shall
18 not waive this surcharge. Such surcharge may not exceed an
19 amount per violation calculated as the quotient of the maximum
20 annual payment of the principal and interest on the bonds as
21 of July 1, 2003, divided by the number of traffic citations
22 for county fiscal year 2002-2003 certified as paid by the
23 clerk of the court of the county. Such quotient shall be
24 rounded up to the next highest dollar amount. The bonds may be
25 refunded only if savings will be realized on payments of debt
26 service and the refunding bonds are scheduled to mature on the
27 same date or before the bonds being refunded.
28
29 A county may not impose both of the surcharges authorized
30 under paragraphs (a) and (b) concurrently.
31 Section 61. Paragraphs (a), (g), and (h) of subsection
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1 (2), paragraphs (a) and (b) of subsection (3), and subsection
2 (8) of section 318.21, Florida Statutes, as amended by chapter
3 2003-402, Laws of Florida, are amended to read:
4 Section 62. Disposition of civil penalties by county
5 courts.--All civil penalties received by a county court
6 pursuant to the provisions of this chapter shall be
7 distributed and paid monthly as follows:
8 (2) Of the remainder:
9 (a) Twenty and six-tenths percent shall be remitted to
10 the Department of Revenue for deposit into the General Revenue
11 Fund of the state, except that the first $300,000 shall be
12 deposited into the Grants and Donations Trust Fund in the
13 Justice Administrative Commission state courts system for
14 administrative costs, training costs, and costs associated
15 with the implementation and maintenance of Florida foster care
16 citizen review panels in a constitutional charter county as
17 provided for in s. 39.702.
18 (g)1. If the violation occurred within a municipality
19 or a special improvement district of the Seminole Indian Tribe
20 or Miccosukee Indian Tribe, 56.4 percent shall be paid to that
21 municipality or special improvement district.
22 2. If the violation occurred within a municipality,
23 50.8 percent shall be paid to that municipality and 5.6
24 percent shall be deposited into the fine and forfeiture trust
25 fund established pursuant to s. 142.01.
26 3.2. If the violation occurred within the
27 unincorporated area of a county that is not within a special
28 improvement district of the Seminole Indian Tribe or
29 Miccosukee Indian Tribe, 56.4 percent shall be deposited into
30 the fine and forfeiture fund established pursuant to s.
31 142.01.
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1 (h) Fifteen percent must be deposited into the General
2 Revenue Fund.
3 (3)(a) Moneys paid to a municipality or special
4 improvement district under subparagraph (2)(g)1. must be used
5 to fund local criminal justice training as provided in s.
6 938.15 when such a program is established by ordinance; to
7 fund a municipal school crossing guard training program; and
8 for any other lawful purpose.
9 (b) Moneys paid to a county under subparagraph
10 (2)(g)2. shall be used to fund local criminal justice training
11 as provided in s. 938.15 when such a program is established by
12 ordinance, to fund a county school crossing guard training
13 program, and for any other lawful purpose.
14 (8) Fines and forfeitures received from violations
15 committed within a municipality must be paid monthly to that
16 municipality; fines and forfeitures received from violations
17 committed within a special improvement district created for
18 the Seminole Indian Tribe or Miccosukee Indian Tribe under s.
19 285.17 must be paid monthly to that special improvement
20 district. These fines and forfeitures must be paid monthly to
21 that municipality or special improvement district in addition
22 to any other fines and forfeitures received by a county court
23 which are required to be paid to that municipality or special
24 improvement district under any other law. If, on February 1,
25 1972, any chartered county court that has countywide
26 jurisdiction was trying traffic offenses committed within a
27 municipality in that county, two-thirds of the fines and
28 forfeitures received as a result of violations of this
29 chapter, or of any ordinances adopting matter covered by this
30 chapter, committed within a municipality must be paid and
31 distributed to the municipality, and the remainder must be
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1 paid into the fine and forfeiture fund established pursuant to
2 s. 142.01 to the county, except as otherwise provided in
3 subsection (5). The amount of fines and forfeitures payable to
4 a special improvement district created under s. 285.17 which
5 is located in a charter county must be determined in the same
6 manner as the amount of fines and forfeitures payable to a
7 municipality in that county. All fines and forfeitures
8 received by any county court as the result of citations issued
9 under s. 316.640(2)(c)1. must be paid into the fine and
10 forfeiture fund established pursuant to s. 142.01 to the
11 county whether or not such citations were issued for parking
12 violations that occurred within a municipality or special
13 improvement district created under s. 285.17.
14 Section 63. Section 318.325, Florida Statutes, as
15 amended by chapter 2003-402, Laws of Florida, is amended to
16 read:
17 318.325 Jurisdiction and procedure for parking
18 infractions.--Any county or municipality may adopt an
19 ordinance that allows the county or municipality to refer
20 cases involving the violation of a county or municipal parking
21 ordinance to a hearing officer funded by the county or
22 municipality. Notwithstanding the provisions of ss. 318.14 and
23 775.08(3), any parking violation shall be deemed to be an
24 infraction as defined in s. 318.13(3). However, the violation
25 must be enforced and disposed of in accordance with the
26 provisions of general law applicable to parking violations and
27 with the charter or code of the county or municipality where
28 the violation occurred. The clerk of the court or the
29 designated traffic violations bureau must collect and
30 distribute the fines, forfeitures, and court costs assessed
31 under this section. Notwithstanding the provisions of s.
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1 318.21, fines and forfeitures received from parking violations
2 committed within the unincorporated areas of the county or
3 within the boundaries of the municipality must be collected
4 and paid monthly to the county or municipality, respectively.
5 Court costs assessed by the hearing officer must be paid to
6 the county.
7 Section 64. Paragraph (a) of subsection (4) of section
8 321.05, Florida Statutes, is amended to read:
9 321.05 Duties, functions, and powers of patrol
10 officers.--The members of the Florida Highway Patrol are
11 hereby declared to be conservators of the peace and law
12 enforcement officers of the state, with the common-law right
13 to arrest a person who, in the presence of the arresting
14 officer, commits a felony or commits an affray or breach of
15 the peace constituting a misdemeanor, with full power to bear
16 arms; and they shall apprehend, without warrant, any person in
17 the unlawful commission of any of the acts over which the
18 members of the Florida Highway Patrol are given jurisdiction
19 as hereinafter set out and deliver him or her to the sheriff
20 of the county that further proceedings may be had against him
21 or her according to law. In the performance of any of the
22 powers, duties, and functions authorized by law, members of
23 the Florida Highway Patrol shall have the same protections and
24 immunities afforded other peace officers, which shall be
25 recognized by all courts having jurisdiction over offenses
26 against the laws of this state, and shall have authority to
27 apply for, serve, and execute search warrants, arrest
28 warrants, capias, and other process of the court in those
29 matters in which patrol officers have primary responsibility
30 as set forth in subsection (1). The patrol officers under the
31 direction and supervision of the Department of Highway Safety
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1 and Motor Vehicles shall perform and exercise throughout the
2 state the following duties, functions, and powers:
3 (4)(a) All fines and costs and the proceeds of the
4 forfeiture of bail bonds and recognizances resulting from the
5 enforcement of this chapter by patrol officers shall be paid
6 into the fine and forfeiture fund established pursuant to s.
7 142.01 of the county where the offense is committed. In all
8 cases of arrest by patrol officers, the person arrested shall
9 be delivered forthwith by said officer to the sheriff of the
10 county, or he or she shall obtain from such person arrested a
11 recognizance or, if deemed necessary, a cash bond or other
12 sufficient security conditioned for his or her appearance
13 before the proper tribunal of such county to answer the charge
14 for which he or she has been arrested; and all fees accruing
15 shall be taxed against the party arrested, which fees are
16 hereby declared to be part of the compensation of said
17 sheriffs authorized to be fixed by the Legislature under s.
18 5(c), Art. II of the State Constitution, to be paid such
19 sheriffs in the same manner as fees are paid for like services
20 in other criminal cases. All patrol officers are hereby
21 directed to deliver all bonds accepted and approved by them to
22 the sheriff of the county in which the offense is alleged to
23 have been committed. However, no sheriff shall be paid any
24 arrest fee for the arrest of a person for violation of any
25 section of chapter 316 when the arresting officer was
26 transported in a Florida Highway Patrol car to the vicinity
27 where the arrest was made; and no sheriff shall be paid any
28 fee for mileage for himself or herself or a prisoner for miles
29 traveled in a Florida Highway Patrol car. No patrol officer
30 shall be entitled to any fee or mileage cost except when
31 responding to a subpoena in a civil cause or except when such
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1 patrol officer is appearing as an official witness to testify
2 at any hearing or law action in any court of this state as a
3 direct result of his or her employment as a patrol officer
4 during time not compensated as a part of his or her normal
5 duties. Nothing herein shall be construed as limiting the
6 power to locate and to take from any person under arrest or
7 about to be arrested deadly weapons. Nothing contained in this
8 section shall be construed as a limitation upon existing
9 powers and duties of sheriffs or police officers.
10 Section 65. Section 322.245, Florida Statutes, as
11 amended by chapter 2003-402, Laws of Florida, is amended to
12 read:
13 322.245 Suspension of license upon failure of person
14 charged with specified offense under chapter 316, chapter 320,
15 or this chapter to comply with directives ordered by traffic
16 court or upon failure to pay child support in non-IV-D cases
17 as provided in chapter 61 or failure to pay any financial
18 obligation in any other criminal case.--
19 (1) If a person who is charged with a violation of any
20 of the criminal offenses enumerated in s. 318.17 or with the
21 commission of any offense constituting a misdemeanor under
22 chapter 320 or this chapter fails to comply with all of the
23 directives of the court within the time allotted by the court,
24 the clerk of the traffic court shall mail to the person, at
25 the address specified on the uniform traffic citation, a
26 notice of such failure, notifying him or her that, if he or
27 she does not comply with the directives of the court within 30
28 days after the date of the notice and pay a delinquency fee of
29 up to $15 to the clerk, his or her driver's license will be
30 suspended. The notice shall be mailed no later than 5 days
31 after such failure. The delinquency fee may be retained by the
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1 office of the clerk to defray the operating costs of the
2 office.
3 (2) In non-IV-D cases, if a person fails to pay child
4 support under chapter 61 and the obligee so requests, the
5 depository or the clerk of the court shall mail in accordance
6 with s. 61.13016 the notice specified in that section,
7 notifying him or her that if he or she does not comply with
8 the requirements of that section and pay a delinquency fee of
9 $10 to the depository or the clerk, his or her driver's
10 license and motor vehicle registration will be suspended. The
11 delinquency fee may be retained by the depository or the
12 office of the clerk to defray the operating costs of the
13 office.
14 (3) If the person fails to comply with the directives
15 of the court within the 30-day period, or, in non-IV-D cases,
16 fails to comply with the requirements of s. 61.13016 within
17 the period specified in that statute, the depository or the
18 clerk of the court shall notify the department of such failure
19 within 10 days. Upon receipt of the notice, the department
20 shall immediately issue an order suspending the person's
21 driver's license and privilege to drive effective 20 days
22 after the date the order of suspension is mailed in accordance
23 with s. 322.251(1), (2), and (6).
24 (4) After suspension of the driver's license of a
25 person pursuant to subsection (1), subsection (2), or
26 subsection (3) this section, the license may not be reinstated
27 until the person complies with all court directives imposed
28 upon him or her, including payment of the delinquency fee
29 imposed by subsection (1), and presents certification of such
30 compliance to a driver licensing office and complies with the
31 requirements of this chapter or, in the case of a license
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1 suspended for nonpayment of child support in non-IV-D cases,
2 until the person complies with the reinstatement provisions of
3 s. 322.058 and makes payment of the delinquency fee imposed by
4 subsection (2).
5 (5)(a) When the department receives notice from a
6 clerk of the court that a person licensed to operate a motor
7 vehicle in this state under the provisions of this chapter has
8 failed to pay financial obligations for any criminal offense
9 other than those specified in subsection (1), in full or in
10 part under a payment plan pursuant to s. 28.246(4), the
11 department shall suspend the license of the person named in
12 the notice.
13 (b) The department must reinstate the driving
14 privilege when the clerk of the court provides an affidavit to
15 the department stating that:
16 1. The person has satisfied the financial obligation
17 in full or made all payments currently due under a payment
18 plan;
19 2. The person has entered into a written agreement for
20 payment of the financial obligation if not presently enrolled
21 in a payment plan; or
22 3. A court has entered an order granting relief to the
23 person ordering the reinstatement of the license.
24 (c) The department shall not be held liable for any
25 license suspension resulting from the discharge of its duties
26 under this section.
27 Section 66. Paragraph (b) of subsection (4) of section
28 327.73, Florida Statutes, as amended by chapter 2003-402, Laws
29 of Florida, is amended to read:
30 327.73 Noncriminal infractions.--
31 (4) Any person charged with a noncriminal infraction
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1 under this section may:
2 (b) If he or she has posted bond, forfeit bond by not
3 appearing at the designated time and location.
4
5 If the person cited follows either of the above procedures, he
6 or she shall be deemed to have admitted the noncriminal
7 infraction and to have waived the right to a hearing on the
8 issue of commission of the infraction. Such admission shall
9 not be used as evidence in any other proceedings. If a person
10 who is cited for a violation of s. 327.395 can show a boating
11 safety identification card issued to that person and valid at
12 the time of the citation, the clerk of the court may dismiss
13 the case and may assess a $5 dismissal fee of up to $7.50. If
14 a person who is cited for a violation of s. 328.72(13) can
15 show proof of having a registration for that vessel which was
16 valid at the time of the citation, the clerk may dismiss the
17 case and may assess the a $5 dismissal fee.
18 Section 67. Subsection (1) of section 372.72, Florida
19 Statutes, is amended to read:
20 372.72 Disposition of fines, penalties, and
21 forfeitures.--
22 (1) All moneys collected from fines, penalties, or
23 forfeitures of bail of persons convicted under this chapter
24 shall be deposited in the fine and forfeiture fund established
25 pursuant to s. 142.01 of the county where such convictions are
26 had, except for the disposition of moneys as provided in
27 subsection (2).
28 Section 68. Section 382.023, Florida Statutes, as
29 amended by chapter 2003-402, Laws of Florida, is amended to
30 read:
31 382.023 Department to receive dissolution-of-marriage
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1 records; fees.--Clerks of the circuit courts shall collect for
2 their services at the time of the filing of a final judgment
3 of dissolution of marriage a fee of up to $10.50, of which 43
4 percent shall be retained by the clerk of the circuit court as
5 a part of the cost in the cause in which the judgment is
6 granted. The remaining 57 percent shall be remitted to the
7 Department of Revenue for deposit to the Department of Health
8 to defray part of the cost of maintaining the
9 dissolution-of-marriage records. A record of each and every
10 judgment of dissolution of marriage granted by the court
11 during the preceding calendar month, giving names of parties
12 and such other data as required by forms prescribed by the
13 department, shall be transmitted to the department, on or
14 before the 10th day of each month, along with an accounting of
15 the funds remitted to the Department of Revenue pursuant to
16 this section.
17 Section 69. Section 384.288, Florida Statutes, is
18 amended to read:
19 384.288 Fees and other compensation; payment by board
20 of county commissioners.--
21 (1) For the services required to be performed under
22 the provisions of ss. 384.27, 384.28, and 384.281,
23 compensation shall be paid as follows:
24 (a) The sheriff shall receive the same fees and
25 mileage as are prescribed for like services in criminal cases.
26 (b) The counsel appointed by the court to represent an
27 indigent person shall receive such reasonable compensation as
28 provided in s. 27.5304 is fixed by the court appointing him or
29 her.
30 (2) All court-related fees, mileage, and charges
31 provided to the sheriff pursuant to paragraph (1)(a) shall be
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1 taxed by the court as costs in each proceeding and shall be
2 paid by the board of county commissioners out of the general
3 fund or fine and forfeiture fund of the county. All
4 compensation provided to court-appointed counsel pursuant to
5 paragraph (1)(b) shall be taxed by the court as costs and paid
6 by the state.
7 Section 70. Section 392.68, Florida Statutes, is
8 amended to read:
9 392.68 Fees and other compensation.--
10 (1) For the services required to be performed under
11 ss. 392.55, 392.56, 392.57, and 392.62, compensation shall be
12 paid as follows:
13 (a) The sheriff shall receive the same fees and
14 mileage as are prescribed for like services in criminal cases.
15 (b) The counsel appointed by the court to represent an
16 indigent person shall receive such reasonable compensation as
17 provided in s. 27.5304 shall be fixed by the court appointing
18 him or her.
19 (2) All fees, mileage, and charges provided to the
20 sheriff pursuant to paragraph (1)(a) shall be taxed by the
21 court as costs in each proceeding and shall be paid by the
22 board of county commissioners out of the general funds or the
23 fine and forfeiture funds of the county. All compensation
24 provided to court-appointed counsel pursuant to paragraph
25 (1)(b) shall be taxed by the court as costs and paid by the
26 state.
27 Section 71. Section 394.473, Florida Statutes, as
28 amended by chapter 2003-402, Laws of Florida, is amended to
29 read:
30 394.473 Attorney's fee; expert witness fee.--
31 (1) In the case of an indigent the indigence of any
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1 person for whom an attorney is appointed pursuant to the
2 provisions of this part, the attorney shall be compensated by
3 the state pursuant to s. 27.5304 entitled to a reasonable fee
4 to be determined by the court and paid from the general fund
5 of the county from which the patient was involuntarily
6 detained. In the case of an indigent the indigence of any such
7 person, the court may appoint a public defender. The public
8 defender shall receive no additional compensation other than
9 that usually paid his or her office.
10 (2) In the case of an indigent the indigence of any
11 person for whom expert testimony is required in a court
12 hearing pursuant to the provisions of this act, the expert,
13 except one who is classified as a full-time employee of the
14 state or who is receiving remuneration from the state for his
15 or her time in attendance at the hearing, shall be compensated
16 by the state pursuant to s. 27.5304 entitled to a reasonable
17 fee to be determined by the court and paid from the general
18 fund of the county from which the patient was involuntarily
19 detained.
20 Section 72. Subsection (1) of section 395.3025,
21 Florida Statutes, as amended by chapter 2003-402, Laws of
22 Florida, is amended to read:
23 395.3025 Patient and personnel records; copies;
24 examination.--
25 (1) Any licensed facility shall, upon written request,
26 and only after discharge of the patient, furnish, in a timely
27 manner, without delays for legal review, to any person
28 admitted therein for care and treatment or treated thereat, or
29 to any such person's guardian, curator, or personal
30 representative, or in the absence of one of those persons, to
31 the next of kin of a decedent or the parent of a minor, or to
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1 anyone designated by such person in writing, a true and
2 correct copy of all patient records, including X rays, and
3 insurance information concerning such person, which records
4 are in the possession of the licensed facility, provided the
5 person requesting such records agrees to pay a charge. The
6 exclusive charge for copies of patient records may include
7 sales tax and actual postage, and, except for nonpaper records
8 that which are subject to a charge not to exceed $2 as
9 provided in s. 28.24(6)(c), may not exceed $1 per page, as
10 provided in s. 28.24(5)(a). A fee of up to $1 may be charged
11 for each year of records requested. These charges shall apply
12 to all records furnished, whether directly from the facility
13 or from a copy service providing these services on behalf of
14 the facility. However, a patient whose records are copied or
15 searched for the purpose of continuing to receive medical care
16 is not required to pay a charge for copying or for the search.
17 The licensed facility shall further allow any such person to
18 examine the original records in its possession, or microforms
19 or other suitable reproductions of the records, upon such
20 reasonable terms as shall be imposed to assure that the
21 records will not be damaged, destroyed, or altered.
22 Section 73. Subsection (5) of section 397.334, Florida
23 Statutes, as amended by chapter 2003-402, Laws of Florida, is
24 amended to read:
25 397.334 Treatment-based drug court programs.--
26 (5) If a county chooses to fund a treatment-based drug
27 court program, the county must secure funding from sources
28 other than the state for those costs not otherwise assumed by
29 the state pursuant to s. 29.004. However, this does not
30 preclude counties from using treatment and other service
31 dollars provided through state executive branch agencies.
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1 Counties may provide, by interlocal agreement, for the
2 collective funding of these programs.
3 Section 74. Subsection (1) of section 713.24, Florida
4 Statutes, as amended by chapter 2003-402, Laws of Florida, is
5 amended to read:
6 713.24 Transfer of liens to security.--
7 (1) Any lien claimed under this part may be
8 transferred, by any person having an interest in the real
9 property upon which the lien is imposed or the contract under
10 which the lien is claimed, from such real property to other
11 security by either:
12 (a) Depositing in the clerk's office a sum of money,
13 or
14 (b) Filing in the clerk's office a bond executed as
15 surety by a surety insurer licensed to do business in this
16 state,
17
18 either to be in an amount equal to the amount demanded in such
19 claim of lien, plus interest thereon at the legal rate for 3
20 years, plus $1,000 or 25 percent of the amount demanded in the
21 claim of lien, whichever is greater, to apply on any
22 attorney's fees and court costs that may be taxed in any
23 proceeding to enforce said lien. Such deposit or bond shall be
24 conditioned to pay any judgment or decree which may be
25 rendered for the satisfaction of the lien for which such claim
26 of lien was recorded. Upon making such deposit or filing such
27 bond, the clerk shall make and record a certificate showing
28 the transfer of the lien from the real property to the
29 security and shall mail a copy thereof by registered or
30 certified mail to the lienor named in the claim of lien so
31 transferred, at the address stated therein. Upon filing the
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1 certificate of transfer, the real property shall thereupon be
2 released from the lien claimed, and such lien shall be
3 transferred to said security. In the absence of allegations of
4 privity between the lienor and the owner, and subject to any
5 order of the court increasing the amount required for the lien
6 transfer deposit or bond, no other judgment or decree to pay
7 money may be entered by the court against the owner. The clerk
8 shall be entitled to a service charge fee for making and
9 serving the certificate, in the amount sum of up to $15. If
10 the transaction involves the transfer of multiple liens, an
11 additional charge of up to $7.50 for each additional lien
12 shall be charged. For recording the certificate and approving
13 the bond, the clerk shall receive her or his usual statutory
14 service charges as prescribed in s. 28.24. Any number of liens
15 may be transferred to one such security.
16 Section 75. Subsections (1) and (3) of section 721.83,
17 Florida Statutes, as amended by chapter 2003-402, Laws of
18 Florida, are amended to read:
19 721.83 Consolidation of foreclosure actions.--
20 (1) A complaint in a foreclosure proceeding involving
21 timeshare estates may join in the same action multiple
22 defendant obligors and junior interestholders of separate
23 timeshare estates, provided:
24 (a) The foreclosure proceeding involves a single
25 timeshare property.;
26 (b) The foreclosure proceeding is filed by a single
27 plaintiff.;
28 (c) The default and remedy provisions in the written
29 instruments on which the foreclosure proceeding is based are
30 substantially the same for each defendant.; and
31 (d) The nature of the defaults alleged is the same for
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1 each defendant.
2 (e) No more than fifteen timeshare estates, without
3 regard to the number of defendants, are joined within the same
4 consolidated foreclosure action.
5 (3) A consolidated timeshare foreclosure action shall
6 be considered a single action, suit, or proceeding for the
7 payment of filing fees and service charges pursuant to general
8 law. In addition to the payment of such filing fees and
9 service charges, an additional filing fee of up to $5 for each
10 timeshare estate joined in that action shall be paid to the
11 clerk of court. The clerk of court shall require a plaintiff
12 to pay separate filing fees and service charges as provided by
13 general law for each defendant in a consolidated foreclosure
14 action filed pursuant to this section.
15 Section 76. Subsection (2) of section 741.01, Florida
16 Statutes, is amended to read:
17 741.01 County court judge or clerk of the circuit
18 court to issue marriage license; fee.--
19 (2) The fee charged for each marriage license issued
20 in the state shall be increased by the sum of $25 $30. This
21 fee shall be collected upon receipt of the application for the
22 issuance of a marriage license and remitted by the clerk to
23 the Department of Revenue for deposit in the Domestic Violence
24 Trust Fund. The Executive Office of the Governor shall
25 establish a Domestic Violence Trust Fund for the purpose of
26 collecting and disbursing funds generated from the increase in
27 the marriage license fee. Such funds which are generated shall
28 be directed to the Department of Children and Family Services
29 for the specific purpose of funding domestic violence centers,
30 and the funds shall be appropriated in a "grants-in-aid"
31 category to the Department of Children and Family Services for
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1 the purpose of funding domestic violence centers. From the
2 proceeds of the surcharge deposited into the Domestic Violence
3 Trust Fund as required under s. 938.08, the Executive Office
4 of the Governor may spend up to $500,000 each year for the
5 purpose of administering a statewide public-awareness campaign
6 regarding domestic violence.
7 Section 77. Paragraph (b) of subsection (7) of section
8 744.331, Florida Statutes, is amended to read:
9 744.331 Procedures to determine incapacity.--
10 (7) FEES.--
11 (b) The fees awarded under paragraph (a) shall be paid
12 by the guardian from the property of the ward or, if the ward
13 is indigent, by the state county. The state county shall have
14 a creditor's claim against the guardianship property for any
15 amounts paid under this section. The state may county must
16 file its claim within 90 days after the entry of an order
17 awarding attorney ad litem fees. If the state county does not
18 file its claim within the 90-day period, the state county is
19 thereafter barred from asserting the claim. Upon petition by
20 the state county for payment of the claim, the court shall
21 enter an order authorizing immediate payment out of the
22 property of the ward. The state board of county commissioners
23 shall keep a record of such payments.
24 Section 78. Subsection (6) of section 744.365, Florida
25 Statutes, as amended by chapter 2003-402, Laws of Florida, is
26 amended to read:
27 744.365 Verified inventory.--
28 (6) AUDIT FEE.--
29 (a) Where the value of the ward's property exceeds
30 $25,000, a guardian shall pay from the ward's property to the
31 clerk of the circuit court a fee of up to $75, upon the filing
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1 of the verified inventory, for the auditing of the inventory.
2 Upon petition by the guardian, the court may waive the
3 auditing fee upon a showing of insufficient funds in the
4 ward's estate. Any guardian unable to pay the auditing fee may
5 petition the court for waiver of the fee. The court may waive
6 the fee after it has reviewed the documentation filed by the
7 guardian in support of the waiver.
8 (b) An audit fee may not be charged to any ward whose
9 property has a value of less than $25,000. In such case, the
10 audit fee must be paid from the general fund of the county in
11 which the guardianship proceeding is conducted.
12 Section 79. Subsection (4) of section 744.3678,
13 Florida Statutes, as amended by chapter 2003-402, Laws of
14 Florida, is amended to read:
15 744.3678 Annual accounting.--
16 (4) The guardian shall pay from the ward's estate to
17 the clerk of the circuit court a fee based upon the following
18 graduated fee schedule, upon the filing of the annual
19 financial return, for the auditing of the return:
20 (a) For estates with a value of $25,000 or less the
21 clerk of the court may charge a fee of up to $15.
22 (b) For estates with a value of more than $25,000 up
23 to and including $100,000 the clerk of the court may charge a
24 fee of up to $75.
25 (c) For estates with a value of more than $100,000 up
26 to and including $500,000 the clerk of the court may charge a
27 fee of up to $150.
28 (d) For estates with a value in excess of $500,000 the
29 clerk of the court may charge a fee of up to $225.
30
31 Upon petition by the guardian, the court may waive the
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1 auditing fee upon a showing of insufficient funds in the
2 ward's estate. Any guardian unable to pay the auditing fee may
3 petition the court for a waiver of the fee. The court may
4 waive the fee after it has reviewed the documentation filed by
5 the guardian in support of the waiver.
6 Section 80. Subsection (2) of section 766.104, Florida
7 Statutes, is amended to read:
8 766.104 Pleading in medical negligence cases; claim
9 for punitive damages; authorization for release of records for
10 investigation.--
11 (2) Upon petition to the clerk of the court where the
12 suit will be filed and payment to the clerk of a filing fee,
13 not to exceed $37.50 $25, established by the chief judge, an
14 automatic 90-day extension of the statute of limitations shall
15 be granted to allow the reasonable investigation required by
16 subsection (1). This period shall be in addition to other
17 tolling periods. No court order is required for the extension
18 to be effective. The provisions of this subsection shall not
19 be deemed to revive a cause of action on which the statute of
20 limitations has run.
21 Section 81. Subsection (2) of section 903.035, Florida
22 Statutes, is amended to read:
23 903.035 Applications for bail; information provided;
24 hearing on application for modification; penalty for providing
25 false or misleading information or omitting material
26 information.--
27 (2) An application for modification of bail on any
28 felony charge must be heard by a court in person, at a hearing
29 with the defendant present, and with at least 3 hours' notice
30 to the state attorney and the county attorney.
31 Section 82. Paragraph (a) of subsection (3) and
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1 subsection (8) of section 903.26, Florida Statutes, are
2 amended to read:
3 903.26 Forfeiture of the bond; when and how directed;
4 discharge; how and when made; effect of payment.--
5 (3) Sixty days after the forfeiture notice has been
6 mailed:
7 (a) State and county officials having custody of
8 forfeited money shall deposit the money in the county fine and
9 forfeiture fund established pursuant to s. 142.01;
10 (8) If the defendant is arrested and returned to the
11 county of jurisdiction of the court prior to judgment, the
12 clerk, upon affirmation by the sheriff or the chief
13 correctional officer, shall, without further order of the
14 court, discharge the forfeiture of the bond. However, if the
15 surety agent fails to pay the costs and expenses incurred in
16 returning the defendant to the county of jurisdiction, the
17 clerk shall not discharge the forfeiture of the bond. If the
18 surety agent and the state county attorney fail to agree on
19 the amount of said costs, then the court, after notice to the
20 state county attorney, shall determine the amount of the
21 costs.
22 Section 83. Subsection (8) of section 903.28, Florida
23 Statutes, is amended to read:
24 903.28 Remission of forfeiture; conditions.--
25 (8) An application for remission must be accompanied
26 by affidavits setting forth the facts on which it is founded;
27 however, the surety must establish by further documentation or
28 other evidence any claimed attempt at procuring or causing the
29 apprehension or surrender of the defendant before the court
30 may order remission based upon an attempt to procure or cause
31 such apprehension or surrender. The state attorney and the
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1 county attorney must be given 20 days' notice before a hearing
2 on an application and be furnished copies of all papers,
3 applications, and affidavits. Remission shall be granted on
4 the condition of payment of costs, unless the ground for
5 remission is that there was no breach of the bond.
6 Section 84. Section 925.09, Florida Statutes, is
7 amended to read:
8 925.09 Authority of state attorney to order
9 autopsies.--The state attorney may have an autopsy performed,
10 before or after interment, on a dead body found in the county
11 when she or he decides it is necessary in determining whether
12 or not death was the result of a crime. Physicians performing
13 the autopsy shall be paid reasonable fees by from the county
14 fine and forfeiture fund upon the approval of the county
15 commission and the state attorney ordering the autopsy.
16 Section 85. Section 938.10, Florida Statutes, is
17 created to read:
18 938.10 Additional court cost imposed in cases of
19 certain crimes against minors.--
20 (1) If a person pleads guilty or nolo contendere to,
21 or is found guilty of, regardless of adjudication, any offense
22 against a minor in violation of s. 784.085, chapter 787,
23 chapter 794, s. 796.03, s. 800.04, chapter 827, s. 847.0145,
24 or s. 985.4045, the court shall impose a court cost of $101
25 against the offender in addition to any other cost or penalty
26 required by law.
27 (2) Each month the clerk of the court shall transfer
28 the proceeds of the court cost, less $1 from each sum
29 collected which the clerk shall retain as a service charge, to
30 the Department of Revenue for deposit into the Department of
31 Children and Family Services' Child Advocacy Trust Fund for
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1 disbursement to the Florida Network of Children's Advocacy
2 Centers, Inc., for the purpose of funding children's advocacy
3 centers that are members of the network. If the Child Advocacy
4 Trust Fund is not created by law within the Department of
5 Children and Family Services, the clerk of the court shall
6 transfer the proceeds to the Department of Revenue for deposit
7 into the Department of Children and Family Services' Grants
8 and Donations Trust Fund for disbursement to the Florida
9 Network of Children's Advocacy Centers, Inc., for the purpose
10 of funding children's advocacy centers that are members of the
11 network.
12 (3) At the end of each fiscal year, each children's
13 advocacy center receiving revenue as provided in this section
14 must provide a report to the Board of Directors of the Florida
15 Network of Children's Advocacy Centers, Inc., which reflects
16 center expenditures, all sources of revenue received, and
17 outputs that have been standardized and agreed upon by network
18 members and the board of directors, such as the number of
19 clients served, client demographic information, and number and
20 types of services provided. The Florida Network of Children's
21 Advocacy Centers, Inc., must compile reports from the centers
22 and provide a report to the President of the Senate and the
23 Speaker of the House of Representatives in August of each year
24 beginning in 2005.
25 Section 86. Section 938.17, Florida Statutes, is
26 amended to read:
27 938.17 County delinquency prevention; juvenile
28 assessment centers and school board suspension programs.--
29 (1) A county may adopt a mandatory cost to be assessed
30 in specific cases by incorporating by reference the provisions
31 of this section in a county ordinance. Prior to the use of
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1 costs received pursuant to s. 939.185 adoption of the county
2 ordinance, the sheriff's office of the county must be a
3 partner in a written agreement with the Department of Juvenile
4 Justice to participate in a juvenile assessment center or with
5 the district school board to participate in a suspension
6 program.
7 (2) In counties in which the sheriff's office is a
8 partner in a juvenile assessment center pursuant to s.
9 985.209, or a partner in a suspension program developed in
10 conjunction with the district school board in the county of
11 the sheriff's jurisdiction, the court shall assess court costs
12 of $3 per case, in addition to any other authorized cost or
13 fine, on every person who, with respect to a charge,
14 indictment, prosecution commenced, or petition of delinquency
15 filed in that county or circuit, pleads guilty, nolo
16 contendere to, or is convicted of, or adjudicated delinquent
17 for, or has an adjudication withheld for, a felony or
18 misdemeanor, or a criminal traffic offense or handicapped
19 parking violation under state law, or a violation of any
20 municipal or county ordinance, if the violation constitutes a
21 misdemeanor under state law.
22 (3)(a) The clerks of the county and circuit court, in
23 a county where the sheriff's office is a partner in an
24 assessment center or suspension program as specified in
25 subsection (1), shall collect and deposit the assessments
26 collected pursuant to this section in an appropriate,
27 designated account established by the clerk of the court, for
28 disbursement to the sheriff as needed for the implementation
29 and operation of an assessment center or suspension program.
30 (b) The clerk of the circuit and county court shall
31 withhold 5 percent of the assessments each court collects
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1 pursuant to this section, for the costs of administering the
2 collection of assessments under this section.
3 (2)(c) Assessments collected by clerks of the circuit
4 courts comprised of more than one county shall remit the funds
5 collected pursuant to s. 939.185 this section to the county in
6 which the offense at issue was committed for deposit and
7 disbursement according to this section.
8 (3)(d) Any other funds the sheriff's office obtains
9 for the implementation or operation of an assessment center or
10 suspension program may be deposited into the designated
11 account for disbursement to the sheriff as needed.
12 (4) A sheriff's office that receives proceeds pursuant
13 to s. 939.185 the cost assessments established in subsection
14 (1) shall account for all funds annually that have been
15 deposited into the designated account by August 1 annually in
16 a written report to the juvenile justice county council if
17 funds are used for assessment centers, and to the district
18 school board if funds are used for suspension programs.
19 Section 87. Subsection (4) of section 938.29, Florida
20 Statutes, as amended by chapter 2003-402, Laws of Florida, is
21 amended, and subsections (5) and (6) of said section are
22 renumbered as subsections (4) and (5), respectively, to read:
23 938.29 Legal assistance; lien for payment of
24 attorney's fees or costs.--
25 (4) The clerk of the county claiming such lien is
26 authorized to contract with a private attorney or collection
27 agency for collection of such debts or liens, provided the fee
28 for such collection shall be on a contingent basis not to
29 exceed 50 percent of the recovery. However, no fee shall be
30 paid to any collection agency by reason of foreclosure
31 proceedings against real property or from the proceeds from
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1 the sale or other disposition of real property.
2 Section 88. Section 938.35, Florida Statutes, as
3 amended by chapter 2003-402, Laws of Florida, is amended to
4 read:
5 938.35 Collection of court-related financial
6 obligations.--The board of county commissioners or the
7 governing body of a municipality may pursue the collection of
8 any fees, service charges, fines, court costs, or other costs
9 to which it is entitled which remain unpaid for 90 days or
10 more, or refer the account such collection to a private
11 attorney who is a member in good standing of The Florida Bar
12 or collection agent who is registered and in good standing
13 pursuant to chapter 559. In pursuing the collection of such
14 unpaid financial obligations through a private attorney or
15 collection agent, the board of county commissioners or the
16 governing body of a municipality must determine this is
17 cost-effective and follow applicable procurement practices.
18 The collection fee, including any reasonable attorney's fee,
19 paid to any attorney or collection agent retained by the board
20 of county commissioners or the governing body of a
21 municipality may be added to the balance owed, in an amount
22 not to exceed 40 percent of the amount owed at the time the
23 account is referred to the attorney or agents for collection.
24 Section 89. Section 939.185, Florida Statutes, is
25 created to read:
26 939.185 Assessment of additional court costs.--
27 (1)(a) The board of county commissioners may adopt by
28 ordinance an additional court cost, not to exceed $65, to be
29 imposed by the court when a person pleads guilty or nolo
30 contendere to, or is found guilty of, any felony, misdemeanor,
31 or criminal traffic offense under the laws of this state. Such
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1 additional assessment shall be accounted for separately by the
2 county in which the offense occurred and be used only in the
3 county imposing this cost, to be allocated as follows:
4 1. Twenty-five percent of the amount collected shall
5 be allocated to fund innovations to supplement state funding
6 for the elements of the state courts system identified in s.
7 29.004 and county funding for local requirements under s.
8 29.008(2)(a)2.
9 2. Twenty-five percent of the amount collected shall
10 be allocated to assist counties in providing legal aid
11 programs required under s. 29.008(3)(a).
12 3. Twenty-five percent of the amount collected shall
13 be allocated to fund personnel and legal materials for the
14 public as part of a law library.
15 4. Twenty-five percent of the amount collected shall
16 be used as determined by the board of county commissioners to
17 support teen court programs, juvenile assessment centers, and
18 other juvenile alternative programs.
19
20 Each county receiving funds under this section shall report
21 the amount of funds collected pursuant to this section and an
22 itemized list of expenditures for all authorized programs and
23 activities. The report shall be submitted in a format
24 developed by the Supreme Court to the Governor, the Chief
25 Financial Officer, the President of the Senate, and the
26 Speaker of the House of Representatives on a quarterly basis
27 beginning with the quarter ending September 30, 2004.
28 Quarterly reports shall be submitted no later than 30 days
29 after the end of the quarter. Any unspent funds at the close
30 of the county fiscal year allocated under subparagraphs 2.,
31 3., and 4., shall be transferred for use pursuant to
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1 subparagraph 1.
2 (b) The disbursement of costs collected under this
3 section shall be subordinate in priority order of disbursement
4 to all other state-imposed costs authorized in this chapter,
5 restitution or other compensation to victims, and child
6 support payments.
7 (2) The court shall order a person to pay the
8 additional court cost. If the person is determined to be
9 indigent, the clerk shall defer payment of this cost.
10 Section 90. Paragraph (l) of subsection (1) of section
11 960.001, Florida Statutes, as amended by chapter 2003-402,
12 Laws of Florida, is amended to read:
13 960.001 Guidelines for fair treatment of victims and
14 witnesses in the criminal justice and juvenile justice
15 systems.--
16 (1) The Department of Legal Affairs, the state
17 attorneys, the Department of Corrections, the Department of
18 Juvenile Justice, the Parole Commission, the State Courts
19 Administrator and circuit court administrators, the Department
20 of Law Enforcement, and every sheriff's department, police
21 department, or other law enforcement agency as defined in s.
22 943.10(4) shall develop and implement guidelines for the use
23 of their respective agencies, which guidelines are consistent
24 with the purposes of this act and s. 16(b), Art. I of the
25 State Constitution and are designed to implement the
26 provisions of s. 16(b), Art. I of the State Constitution and
27 to achieve the following objectives:
28 (l) Local witness coordination services.--The
29 requirements for notification provided for in paragraphs
30 (c)(b), (d), (f), and (i) may be performed by the state
31 attorney or public defender for their own witnesses as
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1 provided in s. 27.0065, as appropriate.
2 Section 91. Subsections (2) and (3) of section
3 985.203, Florida Statutes, as amended by chapter 2003-402,
4 Laws of Florida, are amended to read:
5 985.203 Right to counsel.--
6 (2) If the parents or legal guardian of an indigent
7 child are not indigent but refuse to employ counsel, the court
8 shall appoint counsel pursuant to s. 27.52(3)(d) to represent
9 the child at the detention hearing and until counsel is
10 provided. Costs of representation are hereby imposed as
11 provided by ss. 27.52(3)(d) and 938.29. Thereafter, the court
12 shall not appoint counsel for an indigent child with
13 nonindigent parents or legal guardian but shall order the
14 parents or legal guardian to obtain private counsel. A parent
15 or legal guardian of an indigent child who has been ordered to
16 obtain private counsel for the child and who willfully fails
17 to follow the court order shall be punished by the court in
18 civil contempt proceedings.
19 (3) An indigent child with nonindigent parents or
20 legal guardian may have counsel appointed pursuant to s.
21 27.52(2)(d) if the parents or legal guardian have willfully
22 refused to obey the court order to obtain counsel for the
23 child and have been punished by civil contempt and then still
24 have willfully refused to obey the court order. Costs of
25 representation are hereby imposed as provided by ss.
26 27.52(2)(d) and 938.29.
27 Section 92. Section 149 of chapter 2003-402, Laws of
28 Florida, is amended to read:
29 Section 149. Fees, service charges, and costs fees
30 imposed by the governing authority of counties by ordinance
31 and special law pursuant to authority granted in ss. 28.2401,
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1 28.241, 34.041 28.242-34.041, 938.17, and 938.19, Florida
2 Statutes, on or before prior to June 30, 2004, are repealed
3 and abolished effective July 1, 2004.
4 Section 93. (1) It is the intent of the Legislature
5 to implement Revision 7 to Article V of the State Constitution
6 in a way which recognizes the allocation of funding
7 responsibilities among the state, counties, and system users.
8 (2) The Legislature hereby declares that the
9 provisions of this act designed to achieve that allocation of
10 responsibility fulfill an important state interest.
11 Section 94. Court-related assessments to be retained
12 by the clerk of the court after July 1, 2004, to fund
13 court-related functions included on the standard list in
14 section 28.35(4)(a), Florida Statutes, shall be remitted to
15 the clerk of the court after July 1, 2004, regardless of the
16 date of assessment.
17 Section 95. On July 1, 2004, all cash balances within
18 county funds previously established to provide dedicated
19 funding to benefit specific court-related programs shall be
20 used to fund these programs after July 1, 2004, until those
21 funds are depleted.
22 Section 96. Cost sharing of due process costs;
23 legislative intent.--It is the intent of the Legislature to
24 provide state-funded due process services to the state courts
25 system, state attorneys, public defenders, and court-appointed
26 counsel in the most cost-effective and efficient manner. The
27 state courts system, state attorneys, public defenders, and
28 court-appointed counsel may enter into contractual agreements
29 to share, on a pro rata basis, the costs associated with court
30 reporting services, court interpreter and translation
31 services, court experts, and all other due process services
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1 funded by the state pursuant to chapter 29, Florida Statutes.
2 These costs shall be budgeted within the funds appropriated to
3 each of the affected users of services.
4 Section 97. The Division of Statutory Revision of the
5 Office of Legislative Services shall redesignate, in the next
6 edition of the Florida Statutes, the title of chapter 40,
7 Florida Statutes, as "Juries; Payment of Jurors and Due
8 Process Costs."
9 Section 98. Billings submitted for payment of due
10 process services, including, but not limited to, court
11 reporter services, court interpreter services, expert witness
12 services, mental health evaluations, and court-appointed
13 counsel services must be paid by the counties if the services
14 were rendered before July 1, 2004. Counties must also pay for
15 the entire cost of any flat-fee-per-case payment pursuant to a
16 contract or professional services agreement with
17 court-appointed counsel for appointments made before July 1,
18 2004, regardless of whether work on the case is actually
19 concluded prior to July 1, 2004. Except for flat-fee contracts
20 with court-appointed counsel, billings for services on any
21 case that commenced prior to July 1, 2004, but continues past
22 July 1, 2004, must be submitted with an itemized listing of
23 payment due for services rendered before July 1, 2004, and on
24 or after July 1, 2004. The county shall pay the portion of the
25 bill for services rendered before July 1, 2004, and provide a
26 copy of the itemized bill to the Justice Administrative
27 Commission or the Office of the State Courts Administrator as
28 appropriate for payment of the portion of the bill for
29 services provided on or after July 1, 2004.
30 Section 99. No later than July 1, 2004, the Office of
31 the State Courts Administrator shall prepare and disseminate a
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1 manual of court-related filing fees, service charges, costs,
2 and fines imposed pursuant to state law, organized by county
3 for each type of action and offense and classified as either
4 mandatory or discretionary. The Office of the State Courts
5 Administrator shall disseminate this manual to the chief
6 judge, state attorney, public defender, and court
7 administrator in each circuit and to the clerk of the court in
8 each county. The Office of the State Courts Administrator
9 shall update and disseminate this manual on July 1, of each
10 year thereafter.
11 Section 100. Procurement of state-funded services;
12 review of procurement policies and practices; training
13 assistance; assistance with competitive solicitations.--
14 (1) The Department of Management Services, with the
15 assistance of the Auditor General, shall review the
16 procurement of state-funded services under chapter 29, Florida
17 Statutes, by the state courts system, state attorneys, and
18 public defenders. In conducting this review, the department
19 shall evaluate existing procurement polices and practices and
20 propose strategies for achieving cost-savings through
21 efficiencies in contract administration and contracting
22 methods, including the use of regional or statewide contracts.
23 The department shall report its findings and recommendations
24 to the Governor, the President of the Senate, the Speaker of
25 the House of Representatives, the Chief Justice of the Supreme
26 Court, and the Justice Administrative Commission, by January
27 1, 2005. The report should include operational strategies for
28 consideration by the procuring entities and policy
29 recommendations for consideration by the Legislature.
30 (2) In accordance with section 287.042, Florida
31 Statutes, the department may assist the Office of the State
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1 Courts Administrator and the Justice Administrative Commission
2 with competitive solicitations for the procurement of
3 state-funded services under chapter 29, Florida Statutes. This
4 may include assistance in the development and review of
5 proposals in compliance with chapter 287, Florida Statutes,
6 and rules adopted under that chapter.
7 Section 101. (1) The Department of Revenue may adopt
8 rules necessary to carry out its responsibilities in sections
9 28.35, 28.36, and 28.37, Florida Statutes. The rules shall
10 include forms and procedures for transferring funds from the
11 clerks of the court to the Clerks of the Court Trust Fund
12 within the Department of Revenue.
13 (2) The Department of Financial Services may adopt
14 rules as necessary to carry out its responsibilities under
15 sections 28.35, 28.36, and 28.37, Florida Statutes.
16 Section 102. Effective July 1, 2004, sections 11.75,
17 40.30, 142.04, 142.05, 142.06, 142.07, 142.08, 142.10, 142.11,
18 142.12, 142.13, and 939.18, Florida Statutes, are repealed.
19 Section 103. There is hereby appropriated $75,000 from
20 nonrecurring general revenue to the Department of Management
21 Services to conduct the review required in this act. Funds may
22 be used for expenses, consulting assistance, and temporary
23 staff necessary to conduct the review.
24 Section 104. There is appropriated $2,500,000 from the
25 Department of Financial Services' Administrative Trust Fund
26 and five full-time equivalent positions are authorized for
27 fiscal year 2004-2005 to fund the contract with the Florida
28 Clerks of Court Operations Corporation created pursuant to
29 section 28.35, Florida Statutes, and to provide for personnel
30 and other expenses necessary to implement the department's
31 responsibilities pursuant to this act. Funds for the contract
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1 with the Clerks of the Court Operations Corporation shall be
2 appropriated in a special category created only for this
3 purpose by the Executive Office of the Governor in
4 consultation with the chairs of the respective committees
5 responsible for appropriations in the Senate and the House of
6 Representatives.
7 Section 105. There is appropriated $20,000,000 from
8 the Clerks of the Court Trust Fund in the Department of
9 Revenue for fiscal year 2004-2005 to fund the revenue deficits
10 for the clerks of the circuit court in accordance with the
11 provisions of section 28.36, Florida Statutes. The Executive
12 Office of the Governor may provide release authority for these
13 funds as needed in accordance with the provisions of section
14 28.36, Florida Statutes, and subject to all other provisions
15 of chapter 216, Florida Statutes.
16 Section 106. There is appropriated from the Clerks of
17 the Court Trust Fund in the Department of Revenue, $13,600,000
18 from funds resulting from the recording fee collected pursuant
19 to section 15 of this act and the imposition of the filing fee
20 for reopened cases required by section 31 of chapter 2003-402,
21 Laws of Florida. These funds shall be used for the purpose of
22 addressing cash-flow problems that may arise in Clerks of the
23 Court offices during July and August of 2004, and shall be
24 distributed pursuant to the provisions of section 28.36,
25 Florida Statutes.
26 Section 107. The sum of $500,000 is hereby
27 appropriated from General Revenue Fund to the Office of
28 Legislative Services on a nonrecurring basis for fiscal year
29 2004-2005. These appropriated funds shall be used by the
30 President of the Senate and the Speaker of the House of
31 Representatives to pay for the expenses of the Article V
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1 Technology Board created pursuant to section 29.0086, Florida
2 Statutes, and to hire or contract for staff to work under the
3 direction of the board.
4 Section 108. Except as otherwise expressly provided in
5 this act and except for this section, which shall take effect
6 upon becoming a law, this act shall take effect July 1, 2004.
7
8
9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 Delete everything before the enacting clause
12
13 and insert:
14 A bill to be entitled
15 An act relating to the state judicial system;
16 amending s. 25.241, F.S.; authorizing the
17 Supreme Court to impose certain appearance fees
18 on certain attorneys; providing for deposit of
19 such fees into the state courts Grants and
20 Donations Trust Fund; amending s. 25.383, F.S.;
21 requiring the Supreme Court to determine court
22 reporter certification administration fees;
23 providing for deposit of such fees into the
24 state courts Grants and Donations Trust Fund;
25 clarifying state attorney authorization to
26 charge certain fees for discovery; amending
27 25.384, F.S.; revising purposes for which Court
28 Education Trust Fund moneys must be used;
29 amending s. 27.02, F.S.; authorizing state
30 attorneys to appear in certain courts to
31 prosecute certain special laws and local
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 ordinances; providing for reimbursement of
2 state attorneys for such prosecutions; amending
3 s. 27.34, F.S.; authorizing counties and
4 municipalities to contract with, or appropriate
5 or contribute funds to the operation of,
6 various state attorneys; requiring state
7 attorneys to contract with counties and
8 municipalities to recover the costs of certain
9 services or reimburse the state for costs of
10 assigning certain attorneys for work on behalf
11 of the counties or municipalities; providing
12 contract requirements; specifying amounts of
13 rates or costs; providing for deposit of
14 payments into the state courts Grants and
15 Donations Trust Fund; clarifying a prohibition
16 against certain state attorneys from receiving
17 any supplemental salary under certain
18 circumstances; requiring the Chief Financial
19 Officer to contract with the public defender to
20 provide certain indigent representation under
21 certain circumstances; providing contract
22 authorizations; prohibiting state attorneys
23 from spending certain state funds on county
24 funding obligations; providing exceptions;
25 requiring a state attorney to request
26 reimbursement by a county for certain
27 authorized short-term advance funding under
28 certain circumstances; providing limitations on
29 such funding; providing for deposit of
30 reimbursement payments into the General Revenue
31 Fund; amending s. 27.40, F.S.; clarifying when
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 a circuit Article V indigent services committee
2 must maintain and use a registry of counsel;
3 revising requirements; amending s. 27.42, F.S.;
4 clarifying membership of Article V indigent
5 services committees; clarifying when a circuit
6 Article V indigent services committee must
7 maintain and use a registry of counsel;
8 revising registry use requirements; revising
9 fee and expense allowance rate schedule
10 criteria; including the Governor and Chief
11 Justice of the Supreme Court in a distribution
12 list for certain reports; requiring the Justice
13 Administrative Commission to provide staff
14 support for such committees from appropriated
15 funds; specifying separate appropriations for
16 certain attorney's fees and expenses and other
17 funds; requiring the Justice Administrative
18 Commission to separately track private
19 court-appointed counsel expenditures by
20 category; amending s. 27.51, F.S.; expanding
21 representation responsibilities of public
22 defenders to include violations of special laws
23 or local ordinances; providing contracting
24 requirements; providing limitations; revising
25 representation requirements; clarifying appeal
26 procedures; amending s. 27.52, F.S.; revising
27 provisions relating to determining indigent
28 status of defendants; authorizing clerks of
29 court to contract for such determinations;
30 providing application fee requirements and
31 procedures; specifying certain required
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 financial information; specifying criteria for
2 indigent status; specifying distributions of
3 application fees; deleting certain affidavit
4 requirements; providing for disposition of
5 certain amounts recovered from certain persons;
6 amending s. 27.5303, F.S.; revising standards
7 for determining counsel's conflict of interest
8 in certain cases; revising compensation of
9 private court-appointed counsel provisions;
10 amending s. 27.5304, F.S.; revising
11 compensation of private court-appointed counsel
12 provisions; amending s. 27.54, F.S.; requiring
13 public defenders to contract with counties and
14 municipalities to recover the costs of certain
15 services or reimburse the state for costs of
16 assigning certain attorneys for work on behalf
17 of the counties or municipalities; providing
18 contract requirements; specifying amounts of
19 rates or costs; providing for deposit of
20 payments into the state courts Grants and
21 Donations Trust Fund; prohibiting public
22 defenders from spending certain state funds on
23 county funding obligations; providing
24 exceptions; requiring a public defender to
25 request reimbursement by a county for certain
26 authorized short-term advance funding under
27 certain circumstances; providing limitations on
28 such funding; providing for deposit of
29 reimbursement payments into the General Revenue
30 Fund; amending s. 27.562, F.S.; providing for
31 distribution of funds collected pursuant to
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 provisions providing for legal assistance and
2 liens and payments of attorney's fees or costs
3 of a public defender; amending s. 28.101, F.S.;
4 increasing a charge for petitions for
5 dissolution of marriage; amending s. 28.24,
6 F.S.; clarifying access to public records by
7 court personnel, state attorneys, public
8 defenders, and guardians ad litem; providing
9 for administrative fees for partial payments
10 and payment plans; amending s. 28.2401, F.S.;
11 increasing the additional service charge on
12 petitions seeking summary administration in
13 probate matters; providing for distribution of
14 the increase; amending s. 28.2402, F.S.;
15 reducing the filing fee for a county or
16 municipality to file a code or ordinance
17 violation in court; providing a court cost to
18 be assessed against the nonprevailing party;
19 requiring allocation of certain fines to the
20 clerk of the court to offset certain costs
21 relating to processing violations special laws
22 and local ordinances; amending s. 28.241, F.S.;
23 revising filing fees for trial and appellate
24 proceedings; providing exemptions from certain
25 filing fee requirements; providing for
26 deferring such fees for indigent persons;
27 revising distributions of such filing fees;
28 establishing a fee to be paid by counsel
29 appearing pro hac vice before the circuit
30 court; amending s. 28.245, F.S.; requiring
31 electronic transmittal to the Department of
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 Revenue of moneys collected by clerks of court
2 for subsequent distribution to state entities;
3 requiring moneys collected by clerks of court
4 to be distributed pursuant to the law in effect
5 at time of collection; amending s. 28.246,
6 F.S.; revising court-related fees, charges, and
7 costs information reporting requirements;
8 requiring separate identification of certain
9 amounts; requiring certain persons to enroll in
10 payment programs under certain circumstances;
11 revising a funds distribution priority
12 provision; authorizing clerks to impose and
13 collect certain service charges for certain
14 purposes; providing for collection fees to be
15 in addition to certain amounts; amending s.
16 28.345, F.S.; limiting an exemption from
17 certain court-related fees and charges;
18 amending s. 28.35, F.S.; replacing the Clerk of
19 Court Operations conference with the
20 not-for-profit Florida Clerks of Court
21 Conference, Inc.; providing organizational and
22 operational requirements; providing for a
23 governing board of directors; providing for
24 board membership; revising duties of the
25 conference; providing requirements for and
26 limitations on court-related functions clerks
27 may fund from certain fees, charges, costs, and
28 fines; providing for conference funding;
29 amending s. 28.36, F.S.; revising certain
30 budget proposal and operations procedures for
31 court-related functions of clerks of court;
139
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 providing limitations; revising requirements;
2 providing reporting requirements for certain
3 funds insufficiencies; providing
4 responsibilities of the Department of Revenue;
5 authorizing clerks of court to retain certain
6 funds under certain revenue deficit conditions;
7 revising budget proposal and implementation
8 requirements for clerks of court; providing for
9 reimbursement of the Clerks of the Court Trust
10 Fund for certain ineligible budget expenditures
11 for certain purposes; requiring the department
12 to certify certain budgets; amending s. 28.37,
13 F.S.; changing the date for remittance of
14 revenues by clerks of the court; requiring
15 clerks operating as fee officers for
16 court-related services to determine certain
17 fees and expenses for such services; providing
18 for remittance of certain excess fees to a
19 county; requiring certain deficits to be funded
20 by a county; revising payment procedures;
21 deleting Department of Revenue authority to
22 adopt rules providing for penalties for failure
23 to comply with remittance; amending s. 29.005,
24 F.S.; clarifying witnesses to be paid from
25 state revenue when summoned by a state
26 attorney; requiring certain motor vehicles and
27 transportation services to be transferred to
28 the state; amending s. 29.006, F.S.; clarifying
29 witnesses to be paid from state revenue when
30 summoned by a public defender; amending s.
31 29.008, F.S.; revising county funding
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 requirements for certain equipment and support
2 staff; revising definitions; establishing
3 funding levels for legal aid programs;
4 requiring the Department of Revenue to withhold
5 certain revenue sharing receipts from certain
6 counties under certain circumstances;
7 specifying criteria for amounts withheld;
8 requiring the state to apply amounts withheld
9 to certain to certain payments; creating s.
10 29.0086, F.S.; creating the Article V
11 Technology Board; providing for membership;
12 providing duties and responsibilities of the
13 board; requiring a report to Legislature;
14 providing for future repeal; amending s.
15 29.016, F.S.; revising purposes for which
16 judicial branch contingency funds may be used;
17 amending s. 34.01, F.S.; deleting a requirement
18 that parties instituting civil actions, suits,
19 or proceedings pay certain fees and charges to
20 the clerk; correcting a cross-reference;
21 amending s. 34.041, F.S.; requiring parties
22 instituting civil actions, suits, or
23 proceedings in county court to pay certain
24 filing fees; providing for allocation of such
25 fees; providing certain exemptions from such
26 fees; clarifying application to nonindigent
27 parties; providing for filing fees in appellate
28 proceedings; authorizing clerks to impose a fee
29 upon attorneys appearing pro hac vice;
30 providing for deposit of such fees; creating s.
31 34.045, F.S.; providing for certain payments in
141
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 lieu of filing fees for certain filings in
2 county court; providing requirements and
3 limitations; providing allocations of certain
4 fines to offset costs incurred by clerks in
5 performing court-related functions associated
6 with violations of special laws or local
7 ordinances; amending s. 34.191, F.S.; revising
8 distribution requirements for fines and
9 forfeitures arising from offenses tried in
10 county court; amending s. 35.22, F.S.;
11 providing for collecting certain filing fees
12 and services charges; establishing a fee to be
13 paid by counsel appearing pro hac vice before a
14 district court of appeal; amending s. 39.0134,
15 F.S.; providing for compensation of appointed
16 counsel in termination of parental rights
17 proceedings; amending s. 40.29, F.S.; requiring
18 state attorneys, public defenders, and clerks
19 of court to provide the Justice Administrative
20 Commission with estimates of required payments
21 for witnesses; providing exceptions; providing
22 for payment of certain invoices by clerks and
23 the commission; amending s. 40.32, F.S.;
24 revising payment disbursement requirements and
25 procedures for clerks of court; amending s.
26 40.33, F.S.; revising procedures for
27 deficiencies in certain funds; creating s.
28 40.361, F.S.; providing for applicability of
29 laws relating to state budgeting and finances;
30 amending s. 43.16, F.S.; exempting the Justice
31 Administrative Commission from certain fees;
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 amending s. 44.103, F.S.; revising provisions
2 for compensating arbitrators; amending s.
3 44.108, F.S.; revising provisions for funding
4 of mediation and arbitration; amending s.
5 45.031, F.S.; increasing a service charge for
6 certain services in sales by clerks; creating
7 s. 50.0711, F.S.; authorizing clerks of circuit
8 courts to establish a court docket fund for
9 paying for publishing notice of certain filings
10 in certain newspapers; providing for funding by
11 an additional service charge to certain filing
12 fees; providing fund use requirements;
13 providing for designating and funding certain
14 newspapers for purposes of such publications;
15 providing publication requirements for such
16 newspapers; amending ss. 55.10 and 55.141,
17 F.S.; clarifying provisions relating to fees
18 and charges for clerks for certain services;
19 amending s. 57.085, F.S.; clarifying certain
20 provisions relating deferral of prepayment of
21 court costs and fees for indigent prisoners;
22 amending s. 61.14, F.S.; recharacterizing
23 certain fees as service charges; increasing a
24 certain charge; amending s. 61.181, F.S.;
25 deleting an obsolete time period reference;
26 amending s. 125.69, F.S.; deleting a provision
27 authorizing certain persons to prosecute
28 special laws and county ordinances; requiring
29 counties to pay attorneys appointed by court to
30 represent certain indigent defendants;
31 authorizing a county to contract with the
143
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 public defender for representation in certain
2 cases; amending s. 129.02, F.S.; revising a
3 county fine and forfeiture fund budget
4 provision; amending s. 142.01, F.S.; specifying
5 constituent funding sources for clerk of
6 circuit court fine and forfeiture funds;
7 amending s. 142.03, F.S.; revising provisions
8 providing for disposition of fines,
9 forfeitures, and civil penalties
10 municipalities; amending s. 142.09, F.S.;
11 requiring certain fees of witnesses and
12 officers arising from criminal causes to be
13 paid by the state; providing an exception;
14 amending s. 218.245, F.S.; providing additional
15 distribution requirements for revenues
16 attributed to increase in distribution to the
17 Revenue Sharing Trust Fund for Municipalities;
18 amending s. 318.14, F.S.; providing for deposit
19 of certain court costs into a fine and
20 forfeiture fund instead of being retained by a
21 county; amending s. 318.15, F.S.;
22 recharacterizing and increasing certain fees;
23 providing for an alternative distribution
24 certain charges; amending s. 318.18, F.S.;
25 clarifying application of certain civil penalty
26 deposit provisions; authorizing boards of
27 county commissioners to impose by ordinance a
28 surcharge for certain infractions or violations
29 for payment of certain bond principal and
30 interest payments; prohibiting court waiver of
31 the surcharge; providing limitations; amending
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 s. 318.21, F.S.; providing for deposit of
2 certain funds in the Grants and Donations Trust
3 Fund in the Justice Administrative Commission
4 rather than such fund in the state courts
5 system; deleting a requirement that a certain
6 percentage of certain civil penalties be
7 deposited into the General Revenue Fund;
8 deleting a provision requiring certain moneys
9 paid counties to be used for funding local
10 criminal training under certain circumstances;
11 amending s. 318.325, F.S.; providing that
12 county and municipal parking fine revenues are
13 subject to any applicable provisions of s.
14 318.21, F.S.; eliminating a requirement that
15 county and municipal parking fine revenues be
16 paid monthly to the county or municipality;
17 eliminating a requirement that court costs
18 assessed by a hearing officer be paid to the
19 county; amending s. 321.05, F.S.; specifying a
20 fine and forfeiture fund designation provision;
21 amending s. 322.245, F.S.; requiring the
22 Department of Highway Safety and Motor Vehicles
23 to suspend the driver license of persons
24 failing to pay certain financial obligations
25 for certain criminal offenses; providing for
26 reinstatement under certain circumstances;
27 providing the department with immunity from
28 liability for such license suspensions;
29 amending s. 327.73, F.S.; increasing a
30 dismissal fee; amending s. 372.72, F.S.;
31 specifying a fine and forfeiture fund
145
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 designation provision; amending s. 382.023,
2 F.S.; specifying the clerk of the circuit court
3 as the entity to retain a portion of a certain
4 filing fee; amending ss. 384.288 and 392.68,
5 F.S.; revising provisions providing for
6 compensation of certain personnel for certain
7 services and taxation of certain fees and
8 charges as court costs; amending s. 394.473,
9 F.S.; providing for compensation of attorneys
10 and expert witnesses in cases involving
11 indigent persons; amending s. 395.3025, F.S.;
12 clarifying certain patient records copying
13 charge provisions; amending s. 397.334, F.S.;
14 clarifying authority of counties to use certain
15 alternative moneys to fund treatment-based drug
16 court programs; amending s. 713.24, F.S.;
17 recharacterizing a fee as a service charge;
18 amending s. 721.83, F.S.; providing additional
19 limitations on complaints in certain timeshare
20 estate foreclosure proceedings; providing
21 criteria for consolidate timeshare foreclosure
22 actions; providing for an additional filing fee
23 for joined timeshare estates; amending s.
24 741.01, F.S.; increasing a fee charged for
25 issuance of a marriage license; amending s.
26 744.331, F.S.; requiring the state to pay
27 certain fees instead of counties in certain
28 cases involving indigents; amending ss. 744.365
29 and 744.3678, F.S.; providing for deferral
30 rather then waiver of certain fees; amending s.
31 766.104, F.S.; increasing a filing fee in
146
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 certain medical negligence case proceedings;
2 deleting a requirement that the fee be
3 established by the chief judge; amending s.
4 903.035, F.S.; removing a county attorney from
5 certain notification of bail modification
6 application requirements; amending s. 903.26,
7 F.S.; specifying a fine and forfeiture fund
8 designation provision; providing for
9 application of certain provisions to state
10 attorneys instead of county attorneys; amending
11 s. 903.28, F.S.; removing a county attorney
12 from certain notification of certain remission
13 of forfeiture application requirements;
14 amending s. 925.09, F.S.; requiring counties to
15 pay reasonable fees to physicians performing
16 autopsies; creating s. 938.10, F.S.; imposing
17 an additional court cost against persons who
18 plead guilty or nolo contendere to, or who are
19 found guilty of, certain crimes against minors;
20 requiring the clerk of the court to transfer
21 the proceeds of the court cost to the
22 Department of Revenue for deposit into a
23 specified trust fund to be used to fund
24 children's advocacy centers; requiring the
25 clerk of the court to retain a portion of the
26 court cost as a service charge; requiring
27 annual reports; requiring a report to the
28 Legislature; amending s. 39.3035, F.S.;
29 requiring compliance with specified statutory
30 provisions in order for a child advocacy center
31 to receive certain funding; directing the
147
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 Florida Network of Children's Advocacy Centers,
2 Inc., to document such compliance; amending s.
3 938.17, F.S.; providing for juvenile assessment
4 centers and school board suspension programs;
5 revising provisions relating to county
6 delinquency prevention; amending s. 938.29,
7 F.S.; deleting a provision authorizing county
8 clerks to contract to collect certain debts or
9 liens; amending s. 938.35, F.S.; authorizing
10 governing bodies of municipalities to pursue
11 collection of fees, charges, fines, and costs
12 under certain circumstances; authorizing
13 collection fees and attorney fees to be added
14 to certain balances owed; creating s. 939.185,
15 F.S.; authorizing boards of county
16 commissioners to adopt by ordinance additional
17 court costs for certain pleadings and findings
18 of guilt; limiting uses; specifying
19 allocations; providing priorities of
20 disbursements; deleting an annual financial
21 reporting requirement; amending s. 960.001,
22 F.S.; clarifying application of certain witness
23 notification provisions; amending s. 985.203,
24 F.S.; correcting a cross reference; amending s.
25 149, ch. 2003-402, Laws of Florida; providing
26 for repeal of certain fees, service charges,
27 and costs imposed by county ordinance and
28 special law; providing legislative intent;
29 providing a legislative declaration of
30 important state interest; providing
31 requirements for remittance of court-related
148
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 assessments retained by clerks of court;
2 requiring cash balances on a certain date in
3 county funds established for certain
4 court-related program purposes to be used for
5 such purposes; providing legislative intent
6 relating sharing of due process costs;
7 providing for state funding of certain due
8 process services; authorizing contractual
9 agreements to share costs associated with
10 certain due process services; requiring the
11 Division of Statutory Revision to redesignate
12 the title of chapter 40, F.S.; requiring
13 counties to pay for certain billings of certain
14 due process services and certain
15 flat-fee-per-case payments; providing submittal
16 requirements for billings for certain services;
17 requiring the Office of the State Courts
18 Administrator to annually prepare and
19 disseminate a manual of court-related fees,
20 charges, costs, and fines; requiring the
21 Department of Management Services, with the
22 assistance of the Auditor General, to review
23 procurement of certain state-funded services;
24 providing requirements; requiring a report;
25 authorizing the department to assist the Office
26 of the State Courts Administrator and the
27 Justice Administrative Commission with
28 competitive solicitations for procurement of
29 certain state-funded services; repealing s.
30 11.75, F.S., relating to the Joint Legislative
31 Committee on Article V of the State
149
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SENATE AMENDMENT
Bill No. CS for CS for SB 2962
Amendment No. ___ Barcode 134084
1 Constitution; repealing s. 40.30, F.S.,
2 relating to required juror and witness payment
3 requisition endorsements by the State Courts
4 Administrator or a designee; repealing s.
5 142.04, F.S., relating to a requirement that
6 clerk of court issue certain certificates to
7 witnesses; repealing s. 142.05, F.S., relating
8 to a prohibition against a clerk of court
9 receiving certain fees; repealing s. 142.06,
10 F.S., relating to a prescribed payroll form;
11 repealing s. 142.07, F.S., relating to clerk of
12 court payroll requirements; repealing s.
13 142.08, F.S., relating to clerk responsibility
14 for certain certificates; repealing s. 142.10,
15 F.S., relating to certain required officer
16 accounts; repealing s. 142.11, F.S., relating
17 to powers and duties of county commissioners
18 relating to accounts; repealing s. 142.12,
19 F.S., relating to audit requirements of county
20 commissioners; repealing s. 142.13, F.S.,
21 relating to a right of an officer to test the
22 validity of certain bills or accounts;
23 repealing s. 939.18, F.S., relating to court
24 assessments of additional court costs for court
25 facilities; requiring the Department of Revenue
26 to adopt rules; providing requirements;
27 authorizing the Department of Financial
28 Services to adopt rules; providing
29 appropriations; providing effective dates.
30
31
150
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