Senate Bill sb2962
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Florida Senate - 2004 SB 2962
By Senators Smith and Villalobos
14-1527B-04
1 A bill to be entitled
2 An act relating to the judicial system;
3 amending s. 25.241, F.S.; establishing a fee to
4 be paid by counsel appearing pro hac vice
5 before the Supreme Court; amending s. 25.383,
6 F.S.; providing for compensation of court
7 reporters; amending s. 27.02, F.S.; revising
8 the authority of the state attorney to enter
9 into contracts with local governments for
10 prosecution of local ordinances; amending s.
11 27.34, F.S.; revising the authority of counties
12 or municipalities to contract with state
13 attorneys for prosecution of local ordinances;
14 amending s. 27.40, F.S.; providing minimum
15 qualifications for court-appointed counsel in
16 certain cases; requiring each circuit Article V
17 indigent services committee to develop
18 procedures for periodic review of each conflict
19 counsel's qualifications and competency;
20 requiring a report; amending s. 27.42, F.S.;
21 clarifying when a circuit Article V indigent
22 services committee must maintain a registry of
23 counsel; amending s. 27.51, F.S.; clarifying
24 public defender's duties of representation in
25 certain cases; amending s. 27.52, F.S.;
26 clarifying other services to be provided to
27 indigents; requiring clerk to provide
28 assistance to indigents under certain
29 circumstances; providing for court
30 notification; clarifying fees to be charged;
31 amending s. 27.5303, F.S.; providing uniform
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Florida Senate - 2004 SB 2962
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1 standards for determining counsel's conflict of
2 interest in certain cases; amending s. 27.5304,
3 F.S.; providing compensation for certain
4 court-appointed counsel in certain cases;
5 amending s. 27.54, F.S.; revising the authority
6 of the public defender to contract with local
7 government for defense in local ordinance
8 violations; amending s. 28.24, F.S.; clarifying
9 access to public records by court personnel,
10 state attorneys, and public defenders; amending
11 s. 28.2401, F.S.; authorizing a county to
12 impose a surcharge on court fees and charges if
13 it had previously imposed increased fees and
14 charges to pay principal and interest on bonds
15 issued to finance state court facilities;
16 authorizing the use of surcharge revenue to
17 refund existing bonds under specified
18 conditions; amending s. 28.2402, F.S.; reducing
19 the filing fee for a county or municipality to
20 file a code or ordinance violation in court;
21 providing a court cost to be assessed against
22 the nonprevailing party; providing for deposit
23 of the court cost; amending s. 28.241, F.S.;
24 authorizing a county to impose a surcharge on
25 court fees and charges if it had previously
26 imposed increased fees and charges to pay
27 principal and interest on bonds issued to
28 finance state court facilities; authorizing the
29 use of surcharge revenue to refund existing
30 bonds under specified conditions; revising
31 payment and distribution of filing fees for
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Florida Senate - 2004 SB 2962
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1 trial and appellate proceedings; establishing a
2 fee to be paid by counsel appearing pro hac
3 vice before the circuit court; amending s.
4 28.246, F.S.; limiting the amount that may be
5 paid in fees and costs for collection services
6 to collect unpaid court fees, fines, court
7 costs, and other costs; amending s. 28.345,
8 F.S.; adding judges to the list of those exempt
9 from all fees and charges assessed by the clerk
10 of the circuit court; amending s. 28.35, F.S.;
11 deleting requirement that the Clerk of Court
12 Operations Conference publish a schedule of
13 fines, fees, and other costs; amending s.
14 28.36, F.S.; revising what may be included as
15 revenue in budgets of clerks of court for
16 court-related functions; providing for
17 discretionary certification; clarifying that
18 the budget is a revenue budget; specifying a
19 time for transmission of revenue deficit
20 certifications; providing for estimated
21 expenditures in lieu of actual expenditures
22 under certain circumstances; amending s. 28.37,
23 F.S.; changing the date for remittance of
24 revenue by the clerk of the court; revising
25 payment procedure; deleting Department of
26 Revenue authority to adopt rules providing for
27 penalties for failure to comply with
28 remittance; amending s. 29.005, F.S.;
29 clarifying witnesses to be paid from state
30 revenue when summoned by a state attorney;
31 amending s. 29.006, F.S.; clarifying witnesses
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1 to be paid from state revenue when summoned by
2 a public defender; amending s. 29.008, F.S.;
3 clarifying county funding requirements for
4 certain equipment and support staff; amending
5 s. 34.01, F.S.; revising a cross-reference to
6 court rules; deleting redundant material;
7 amending s. 34.041, F.S.; modifying filing fees
8 in county court; providing for disposition of
9 certain filing fees; providing a filing fee for
10 court education; authorizing a county to impose
11 a surcharge on court fees and charges if it had
12 previously imposed increased fees and charges
13 to pay principal and interest on bonds issued
14 to finance state court facilities; authorizing
15 the use of surcharge revenue to refund existing
16 bonds under specified conditions; providing a
17 fee for reopening a case; establishing a fee to
18 be paid by counsel appearing pro hac vice in
19 county court; amending s. 34.191, F.S.;
20 providing for collection of fees, fines, court
21 costs, and other costs in cases tried in county
22 court; limiting the amount that may be paid in
23 fees and costs in such collection; amending s.
24 35.22, F.S.; establishing a fee to be paid by
25 counsel appearing pro hac vice before a
26 district court of appeal; amending s. 40.30,
27 F.S.; clarifying that payment is made by the
28 state; amending s. 44.108, F.S.; clarifying
29 that the filing fee for funding of mediation
30 and arbitration is an additional fee; amending
31 s. 45.031, F.S.; increasing the clerk's service
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1 charge for services relating to judicial sales;
2 amending s. 55.10, F.S.; clarifying that money
3 paid to clerk is service charge and not fee;
4 amending s. 55.141, F.S.; revising a
5 cross-reference; clarifying the activity for
6 which a service charge is paid; clarifying that
7 money paid to clerk is service charge and not
8 fee; creating s. 55.312, F.S.; imposing a
9 service charge on certain money judgments and
10 settlement agreements in excess of a specified
11 amount, except for dissolution of marriage and
12 breaches of contract; providing for disposition
13 of the proceeds of the charge; providing for
14 the service charge to be paid by any party or
15 allocated to more than one party; requiring the
16 Department of Revenue to adopt rules to provide
17 for remitting such charge to the department for
18 deposition; prohibiting an attorney from
19 disbursing certain proceeds until service
20 charge is paid; requiring the Department of
21 Revenue to report to the Legislature each year
22 on the amount received in the prior calendar
23 year; amending s. 57.085, F.S.; revising
24 terminology; amending s. 61.14, F.S.;
25 increasing the fee for a delinquent payment;
26 amending s. 125.69, F.S.; deleting a provision
27 authorizing certain persons to prosecute
28 special laws and county ordinances; authorizing
29 a county to contract with the public defender
30 for representation in certain cases; amending
31 s. 129.02, F.S.; deleting a cross-reference;
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1 amending s. 142.01, F.S.; clarifying deposits
2 into the fine and forfeiture fund; amending s.
3 166.0415, F.S.; providing for prosecution of a
4 municipal ordinance violation in county court
5 under certain circumstances; amending s.
6 218.245, F.S.; providing for distribution of
7 revenues to a municipality under certain
8 circumstances; amending s. 318.14, F.S.;
9 clarifying deposits into the fine and
10 forfeiture fund; amending s. 318.15, F.S.;
11 increasing service charges in certain traffic
12 infraction cases; providing for remittance;
13 providing an additional fee for deposit into
14 the Highway Safety Operating Trust Fund;
15 amending s. 318.18, F.S.; increasing civil
16 penalties for failure to comply in traffic
17 infraction cases; providing for distribution of
18 court cost; authorizing a county to impose a
19 surcharge on traffic fines and forfeitures if
20 it had previously imposed increased fees or
21 charges to pay principal and interest on bonds
22 issued to finance state court facilities;
23 authorizing the use of surcharge revenue to
24 refund existing bonds under specified
25 conditions; amending s. 318.21, F.S.; deleting
26 a distribution of funds to certain county
27 programs; amending s. 321.05, F.S.; providing a
28 cross-reference; amending s. 327.73, F.S.;
29 increasing dismissal fees and maximum court
30 costs that may be imposed in noncriminal
31 infraction cases; amending s. 372.72, F.S.;
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1 providing a cross-reference; amending s.
2 382.023, F.S.; clarifying that the clerk
3 retains a service charge relating to
4 dissolution of marriage records; amending s.
5 384.288, F.S.; deleting specification of source
6 of payment by county of certain court costs;
7 amending s. 392.68, F.S.; deleting
8 specification of source of payment by county of
9 certain court costs; amending s. 394.473, F.S.;
10 providing for state payment of certain
11 attorney's and witness' fees; amending s.
12 395.3025, F.S.; deleting cross-references;
13 amending s. 588.20, F.S.; removing authority
14 for the county to pay deficits incurred in the
15 sale of certain livestock from fine and
16 forfeiture fund; amending s. 713.24, F.S.;
17 clarifying that money paid to clerk is service
18 charge and not fee; amending s. 721.83, F.S.;
19 clarifying filing fees and service charges to
20 be paid by plaintiff in time-share property
21 consolidated actions for foreclosure; amending
22 s. 766.104, F.S.; increasing filing fees in
23 medical negligence cases; amending s. 849.19,
24 F.S.; adding a cross-reference; amending s.
25 849.22, F.S.; removing authority for county to
26 pay clerk and sheriff fees out of fine and
27 forfeiture fund; amending s. 849.44, F.S.;
28 adding a cross-reference; amending s. 903.26,
29 F.S.; adding a cross-reference; amending s.
30 925.09, F.S.; revising the source of funds used
31 to pay for physician autopsies; amending s.
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1 938.17, F.S.; authorizing a board of county
2 commissioners to adopt an ordinance that
3 incorporates the provisions of the act;
4 providing funding for a teen court through the
5 assessment of an additional court cost against
6 each person who pleads guilty or nolo
7 contendere to, or is convicted of, a violation
8 of a criminal law, an ordinance, or a traffic
9 offense in the county; providing for
10 administration by the clerk of the circuit
11 court; authorizing the clerk of the court to
12 retain a specified percentage of the
13 assessments collected as income to the clerk of
14 the court; requiring the teen court to account
15 for all funds deposited into the teen court
16 account; requiring a report to the board of
17 county commissioners by a specified date;
18 authorizing specified organizations to operate
19 and administer a teen court program; amending
20 s. 938.29, F.S.; reducing the permissible
21 contingent fee for collecting fees and costs
22 arising from use of public defender, or
23 similar, services; amending s. 938.35, F.S.;
24 providing for collection of court-ordered
25 financial obligations; limiting the amount that
26 may be paid in fees and costs in such
27 collection; requesting the Division of
28 Statutory Revision to redesignate the title of
29 chapter 40, F.S.; providing for payment of
30 certain financial obligations in implementing
31 revised Section 14 of Article V of the State
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Florida Senate - 2004 SB 2962
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1 Constitution; repealing s. 11.75, F.S.,
2 relating to the Joint Legislative Committee on
3 Article V; repealing s. 939.18, F.S., relating
4 to assessment of additional court costs for
5 court facilities; providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Subsection (3) of section 25.241, Florida
10 Statutes, is amended to read:
11 25.241 Clerk of Supreme Court; compensation;
12 assistants; filing fees, etc.--
13 (3) The Clerk of the Supreme Court is hereby required
14 to collect, upon the filing of a certified copy of a notice of
15 appeal or petition, $250 for each case docketed, and for
16 copying, certifying, or furnishing opinions, records, papers,
17 or other instruments, except as otherwise herein provided, the
18 same fees that are allowed clerks of the circuit court;
19 however, no fee shall be less than $1. The State of Florida
20 or its agencies, when appearing as appellant or petitioner, is
21 exempt from the filing fees required in this subsection. From
22 each attorney appearing pro hac vice, the Clerk of the Supreme
23 Court shall collect a fee of $100 for deposit into the General
24 Revenue Fund.
25 Section 2. Section 25.383, Florida Statutes, as
26 amended by section 2 of chapter 2003-402, Laws of Florida, is
27 amended to read:
28 25.383 Standards for court reporters; procedures;
29 rules of professional conduct, discipline, and training, and
30 compensation.--
31
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1 (1) The Supreme Court shall establish minimum
2 standards and procedures for qualifications, certification,
3 discipline, and training for court reporters. The Supreme
4 Court may appoint or employ such personnel as are necessary to
5 assist the court in exercising its powers and performing its
6 duties under this section.
7 (2) The circuit Article V indigent services committee
8 shall establish the method for compensating court reporters in
9 the circuit and the fees a court reporter may charge.
10 Section 3. Subsection (1) of section 27.02, Florida
11 Statutes, as amended by section 6 of chapter 2003-402, Laws of
12 Florida, is amended to read:
13 27.02 Duties before court.--
14 (1)(a) The state attorney shall appear in the circuit
15 and county courts within his or her judicial circuit and
16 prosecute or defend on behalf of the state all suits,
17 applications, or motions, civil or criminal, in which the
18 state is a party, except as provided in chapters 39, 984, and
19 985. The intake procedures of chapters 39, 984, and 985 shall
20 apply as provided therein.
21 (b) The state attorney shall not appear in the circuit
22 and county courts within his or her judicial circuit for the
23 purpose of prosecuting violations of special laws, unless
24 expressly authorized, or violations of county or municipal
25 ordinances if the prosecution is, unless ancillary to a state
26 prosecution or if the state attorney has contracted for full
27 reimbursement, or for reimbursement as the parties otherwise
28 agree, to be the county's or municipality's prosecuting
29 attorney, as provided in s. 125.69 and authorized by the
30 prosecuting attorney of the county.
31
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1 Section 4. Subsections (1) and (2) of section 27.34,
2 Florida Statutes, as amended by section 10 of chapter
3 2003-402, Laws of Florida, are amended to read:
4 27.34 Limitations on payment of salaries and other
5 related costs of state attorneys' offices other than by the
6 state.--
7 (1) A county or municipality may not contract with the
8 state attorney of the judicial circuit in which the county or
9 municipality is located, or appropriate or contribute funds to
10 the operation of, the various state attorneys for the
11 prosecution of violations of special laws, unless expressly
12 authorized, or ordinances of the county or municipality. The
13 contract must provide for full reimbursement, or as the
14 parties otherwise agree regarding reimbursement, unless
15 ancillary to a state prosecution. Persons employed by the
16 county or municipality may be provided to the state attorney
17 to serve as special investigators pursuant to the provisions
18 of s. 27.251.
19 (2) A It is hereby prohibited for any state attorney
20 or assistant state attorney may not to receive from any county
21 or municipality any supplemental salary, except as provided in
22 this section.
23 Section 5. Subsections (4), (8), and (9) of section
24 27.40, Florida Statutes, are amended to read:
25 27.40 Court-appointed counsel; circuit registries;
26 minimum requirements; appointment by court.--
27 (4) Except when a circuit Article V indigent services
28 committee establishes higher qualifications, the minimum
29 qualifications for court-appointed counsel for the following
30 types of cases are as follows:
31
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1 (a) Criminal cases.--Before the time of appointment,
2 the attorney must:
3 1. Be a member in good standing of The Florida Bar.
4 2. Have attended within the previous 12 months a
5 minimum of 10 hours of continuing legal education approved by
6 The Florida Bar and devoted to criminal law.
7 3. Meet the following experience requirements:
8 a. In misdemeanor cases, have been a member of The
9 Florida Bar for at least 1 year and an experienced and active
10 trial practitioner with no fewer than three state or federal
11 jury or nonjury trials.
12 b. In juvenile cases, have been a member of The
13 Florida Bar for at least 1 year and an experienced and active
14 trial practitioner with no fewer than three delinquency
15 dispositions or three state or federal jury or nonjury trials.
16 c. In third-degree felony cases, have been a member of
17 The Florida Bar for at least 2 years and an experienced and
18 active trial practitioner with no fewer than three state or
19 federal jury or nonjury trials.
20 d. In second-degree felony cases, have been a member
21 of The Florida Bar for at least 2 years and an experienced and
22 active trial practitioner with no fewer than seven state or
23 federal jury trials.
24 e. In first-degree felony cases, life felony cases,
25 capital felony cases, capital sexual battery cases, and cases
26 under part V of chapter 394, involuntary civil commitment of
27 sexually violent predators, have been a member of The Florida
28 Bar for at least 5 years and an experienced and active trial
29 practitioner with no fewer than 10 state or federal jury
30 trials.
31
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1 f. In capital death penalty cases, have the
2 qualifications as provided in Florida Rules of Criminal
3 Procedure 3.112(f) and (g).
4 (b) Criminal appellate cases.--Before the time of
5 appointment, the attorney must:
6 1. Be a member in good standing of The Florida Bar.
7 2. Have attended within the previous 12 months a
8 minimum of 10 hours of continuing legal education approved by
9 The Florida Bar and devoted to appellate law.
10 3. Meet the following experience requirements:
11 a. In misdemeanor and third-degree felony appeals,
12 have been a member of The Florida Bar for at least 2 years and
13 be an experienced and active trial or appellate practitioner
14 in the field of criminal law or have experience in the appeal
15 of at least three criminal cases.
16 b. In noncapital felony appeals and appeals from a
17 case under part V of chapter 394, involuntary civil commitment
18 of sexually violent predators, have been a member of The
19 Florida Bar for at least 3 years and be an experienced and
20 active practitioner in the field of appellate criminal law or
21 have experience in the appeal of at least five criminal cases.
22 c. In capital death penalty appeals, have the
23 qualifications as provided in Florida Rule of Criminal
24 Procedure 3.112(h).
25 (c) Dependency cases.--Before the time of appointment,
26 the attorney must:
27 1. Be a member in good standing of The Florida Bar.
28 2. Meet the following experience requirements:
29 a. In dependency cases, have observed a total of 30
30 hours of hearings, including six shelter hearings, three
31 dependency hearings, and one termination-of-parental-rights
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1 hearing and have attended at least 3 hours of continuing legal
2 education at the Dependency Court Improvement Project
3 Conference, or an equivalent in the 12 months before
4 appointment.
5 b. In termination-of-parental-rights cases, have tried
6 at least 10 cases or have 1 year of dependency experience.
7 c. In appellate cases, have at least 3 years'
8 experience in dependency or appellate law and must have been
9 lead counsel in at least three contested dependency trials and
10 three contested termination-of-parental-rights trials or
11 demonstrate knowledge through experience in the practice of
12 family law. To be eligible for court appointment, an attorney
13 must be a member in good standing of The Florida Bar in
14 addition to any other qualifications specified by general law.
15 (8) Subject to the attorney-client and, work-product
16 privilege, an attorney who withdraws or is removed from
17 representation shall deliver all files, notes, documents, and
18 research to the successor attorney within 15 days after
19 receiving notice from the successor attorney. The successor
20 attorney shall bear the cost of transmitting all files, notes,
21 documents, and research.
22 (9) A circuit Article V indigent services committee or
23 any interested person may advise the court of any circumstance
24 affecting the quality of representation, including, but not
25 limited to, false or fraudulent billing, misconduct, failure
26 to meet continuing legal education requirements, solicitation
27 to receive compensation from the defendant or other client the
28 attorney is appointed to represent, or failure to file
29 appropriate motions in a timely manner. By January 1, 2005,
30 each circuit Article V indigent services committee must
31 develop and report to the President of the Senate and the
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1 Speaker of the House of Representatives procedures for
2 periodic review of each conflict counsel's qualifications and
3 competency in representing defendants or other clients the
4 attorney is appointed to represent.
5 Section 6. Paragraph (b) of subsection (2) of section
6 27.42, Florida Statutes, is amended to read:
7 27.42 Circuit Article V indigent services committees;
8 composition; staff; responsibilities; funding.--
9 (2)
10 (b) The circuit Article V indigent services committee
11 shall maintain a registry pursuant to s. 27.40, even when
12 unless procuring counsel through a competitive bidding
13 process. The committee shall apply the eligibility and
14 performance standards set by the Legislature, if any, after
15 receiving recommendations from the Article V Indigent Services
16 Advisory Board, for the appropriate category of case.
17 Section 7. Subsections (1) and (4) of section 27.51,
18 Florida Statutes, as amended by section 15 of chapter
19 2003-402, Laws of Florida, are amended to read:
20 27.51 Duties of public defender.--
21 (1) The public defender shall represent, without
22 additional compensation, any person who is determined to be
23 indigent as provided in s. 27.52 and who is:
24 (a) Under arrest for, or is charged with, a felony;
25 (b) Under arrest for, or is charged with, a
26 misdemeanor authorized for prosecution by the state attorney,
27 a violation of chapter 316 which is punishable by
28 imprisonment, or criminal contempt, or a violation of a
29 municipal or county ordinance in the county court if the
30 prosecution is ancillary to a state prosecution, unless the
31 court, prior to trial, files in the cause an order of no
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1 imprisonment as provided in s. 27.512 which states that the
2 defendant will not be imprisoned if he or she is convicted;
3 (c) Alleged to be a delinquent child pursuant to a
4 petition filed before a circuit court;
5 (d) Sought by petition filed in such court to be
6 involuntarily placed as a mentally ill person or sexually
7 violent predator or involuntarily admitted to residential
8 services as a person with developmental disabilities. However,
9 a public defender does not have the authority to represent any
10 person who is a plaintiff in a civil action brought under the
11 Florida Rules of Civil Procedure, the Federal Rules of Civil
12 Procedure, or the federal statutes, or who is a petitioner in
13 an administrative proceeding challenging a rule under chapter
14 120, unless specifically authorized by statute; or
15 (e) Convicted and sentenced to death, for purposes of
16 a direct prosecuting an appeal to the Supreme Court; or.
17 (f) Appealing a matter in a case arising under
18 paragraphs (a)-(d).
19 (4) The public defender for a judicial circuit
20 enumerated in this subsection shall, after the record on
21 appeal is transmitted to the appellate court by the office of
22 the public defender which handled the trial and if requested
23 by any public defender within the indicated appellate
24 district, handle all felony appeals to the state and federal
25 courts required of the official making such request:
26 (a) Public defender of the second judicial circuit, on
27 behalf of any public defender within the district comprising
28 the First District Court of Appeal.
29 (b) Public defender of the tenth judicial circuit, on
30 behalf of any public defender within the district comprising
31 the Second District Court of Appeal.
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1 (c) Public defender of the eleventh judicial circuit,
2 on behalf of any public defender within the district
3 comprising the Third District Court of Appeal.
4 (d) Public defender of the fifteenth judicial circuit,
5 on behalf of any public defender within the district
6 comprising the Fourth District Court of Appeal.
7 (e) Public defender of the seventh judicial circuit,
8 on behalf of any public defender within the district
9 comprising the Fifth District Court of Appeal.
10 Section 8. Subsections (1) and (2) of section 27.52,
11 Florida Statutes, as amended by section 16 of chapter
12 2003-402, Laws of Florida, are amended to read:
13 27.52 Determination of indigence.--
14 (1) The clerk of the circuit court shall determine the
15 indigence of each person applying for appointment of a public
16 defender or private attorney or any other due-process
17 court-related services based on indigence. This determination
18 may be made at any stage of the proceedings. Before appointing
19 the public defender or a private attorney, or providing any
20 other due-process court-related service based on indigence,
21 the court shall receive the determination of indigence from
22 the clerk. If the clerk has not made this determination at the
23 time a person requests appointment of a public defender or
24 private attorney or provision of any other due-process
25 court-related services, the court shall make a preliminary
26 determination of indigence, pending verification by the clerk.
27 The applicant may seek review of the clerk's determination
28 denying indigence in the court having jurisdiction over the
29 matter at the next scheduled hearing.
30 (2)(a) Any person applying for appointment of a public
31 defender or private attorney or any other due-process
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1 court-related services based on indigence shall pay a $40
2 application fee to the clerk of court and submit a completed
3 affidavit containing the financial information required under
4 paragraph (f). The clerk of court must assist a person who
5 requests assistance in completing the affidavit containing
6 financial information, and the clerk must notify the court if
7 a person is unable to complete the affidavit after the clerk
8 has provided assistance. Only one fee may be charged for a
9 clerk's determination of indigence, regardless of whether the
10 request is for court-appointed counsel or other due-process
11 services.
12 (b) The person shall pay the application fee at the
13 time the financial affidavit is filed or within 7 days
14 thereafter. If not paid within 7 days, the applicant shall be
15 enrolled by the clerk in a payment program to recover unpaid
16 fees, in full, with periodic payment amounts corresponding to
17 the applicant's ability to pay.
18 (c) A defendant found to be indigent may not be
19 refused counsel or any other due-process court-related
20 services based on indigence for failure to pay the application
21 fee. The defendant shall pay a separate application fee for
22 each affidavit filed.
23 (d) If the court finds that the accused person
24 applying for representation appears to be indigent based upon
25 the financial affidavit required under paragraph (f), the
26 court shall appoint the public defender or a private attorney
27 to provide representation. If the application fee is not paid
28 prior to the disposition of the case, the clerk shall advise
29 the sentencing judge of this fact and the court shall:
30 1. Assess the application fee as part of the sentence
31 or as a condition of probation; or
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1 2. Assess the application fee pursuant to s. 938.29.
2
3 If the clerk finds discrepancies between the financial
4 affidavit and his or her investigation of assets, the clerk
5 shall submit the information to the court and the court shall
6 determine whether the public defender or private attorney
7 shall continue representation. The defendant may be heard
8 regarding the information discovered by the clerk. If the
9 court, based on the information provided, determines that the
10 defendant is not indigent, the court shall order the public
11 defender or private attorney to discontinue representation.
12 Notwithstanding any provision of law or local order to the
13 contrary, the clerk of the court shall assign the first $40 of
14 any fees or costs paid by an indigent defendant as payment of
15 the application fee. In no event may should a person found to
16 be indigent be refused counsel or other due-process services
17 for failure to pay the fee.
18 (e) All application fees shall be transferred monthly
19 by the clerk of the court to the Department of Revenue for
20 deposit to the Indigent Criminal Defense Trust Fund,
21 administered by the Justice Administrative Commission, to be
22 used to supplement the general revenue funds appropriated by
23 the Legislature to the public defenders. The clerk of the
24 court may retain 2 percent of application fees collected
25 monthly for administrative costs prior to remitting the
26 remainder to the Department of Revenue.
27 (f) The affidavit must contain the following financial
28 information and calculations as to the applicant's income:
29 1. Net income.--Total salary and wages, minus
30 deductions required by law, including court-ordered support
31 payments.
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1 2. Other income.--Including, but not limited to,
2 social security benefits, union funds, veterans' benefits,
3 workers' compensation, other regular support from absent
4 family members, public or private employee pensions,
5 unemployment compensation, dividends, interest, rent, trusts,
6 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 (g) The income of an applicant who is a minor or an
12 adult tax-dependent person who is substantially supported by a
13 parent or parents or by a guardian, or who continues to be
14 claimed as a dependent for tax purposes, shall include the
15 income of that dependent person's parent or parents or
16 guardian, except a parent or guardian who has an adverse
17 interest in the proceeding.
18 (h) In addition to the financial information, the
19 affidavit must contain the following statement: "I, ... (name
20 of applicant)..., agree to report any change in my financial
21 situation to the court."
22 Section 9. Paragraph (d) of subsection (1) of section
23 27.5303, Florida Statutes, is amended to read:
24 27.5303 Public defenders; conflict of interest.--
25 (1)
26 (d) In determining whether or not there is a conflict
27 of interest, the public defender and the court shall apply the
28 uniform standards for use in conflict of interest cases found
29 in appendix B of the final report of the Article V Indigent
30 Services Advisory Board dated January 6, 2004 standards
31
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1 adopted by the Legislature after receiving recommendations
2 from the Article V Indigent Services Advisory Board.
3 Section 10. Section 27.5304, Florida Statutes, is
4 amended to read:
5 27.5304 Private court-appointed counsel;
6 compensation.--
7 (1) Private court-appointed counsel shall be
8 compensated by the Justice Administrative Commission as
9 provided in this section in accordance with standards adopted
10 by the Legislature after receiving recommendations from the
11 Article V Indigent Services Advisory Board. However,
12 compensation shall not exceed the maximum fee limits
13 established by this section. The attorney also shall be
14 reimbursed for reasonable and necessary expenses in accordance
15 with s. 29.007. If the attorney is representing a defendant
16 charged with more than one offense in the same case, the
17 attorney shall be compensated at the rate provided for the
18 most serious offense for which he or she represented the
19 defendant. This section does not allow stacking of the fee
20 limits established by this section.
21 (2) Prior to filing a motion for an order approving
22 payment of attorney's fees, costs, or related expenses, the
23 private court-appointed counsel shall deliver a copy of the
24 intended billing, together with supporting affidavits and all
25 other necessary documentation, to the Justice Administrative
26 Commission. The Justice Administrative Commission shall review
27 the billings, affidavit, and documentation for completeness
28 and compliance with contractual and statutory requirements. If
29 the Justice Administrative Commission objects to any portion
30 of the proposed billing, the objection and reasons therefor
31 shall be communicated to the private court-appointed counsel.
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1 The private court-appointed counsel may thereafter file his or
2 her motion for order approving payment of attorney's fees,
3 costs, or related expenses together with supporting affidavits
4 and all other necessary documentation. The motion must specify
5 whether the Justice Administrative Commission objects to any
6 portion of the billing or the sufficiency of documentation
7 and, if so, the reasons therefor. A copy of the motion and
8 attachments shall be served on the Justice Administrative
9 Commission. The Justice Administrative Commission shall have
10 standing to appear before the court to contest any motion for
11 order approving payment of attorney's fees, costs, or related
12 expenses. The Justice Administrative Commission may contract
13 with other public or private entities or individuals to appear
14 before the court for the purpose of contesting any motion for
15 order approving payment of attorney's fees, costs, or related
16 expenses. The fact that the Justice Administrative Commission
17 has not objected to any portion of the billing or to the
18 sufficiency of the documentation is not binding on the court.
19 The court retains primary authority and responsibility for
20 determining the reasonableness of all billings for fees,
21 costs, and related expenses, subject to statutory limitations.
22 (3) The compensation for representation in a criminal
23 proceeding; an appeal from a criminal proceeding, other than a
24 capital appeal; a dependency proceeding; and an appeal from a
25 dependency proceeding must be established by a circuit Article
26 V indigent services committee. proceeding shall not exceed the
27 following:
28 (a)1. For misdemeanors and juveniles represented at
29 the trial level: $1,000.
30 2. For noncapital, nonlife felonies represented at the
31 trial level: $2,500.
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1 3. For life felonies represented at the trial level:
2 $3,000.
3 4. For capital cases represented at the trial level:
4 $3,500.
5 5. For representation on appeal: $2,000.
6 (b) If a death sentence is imposed and affirmed on
7 appeal to the Supreme Court, the appointed attorney shall be
8 allowed compensation, not to exceed $1,000, for attorney's
9 fees and costs incurred in representing the defendant as to an
10 application for executive clemency, with compensation to be
11 paid out of general revenue from funds budgeted to the
12 Department of Corrections.
13 (4) Private counsel appointed by the court to
14 represent a defendant in a capital death penalty case must be
15 compensated at a reasonable hourly rate established by the
16 circuit Article V indigent services committee commensurate
17 with the difficulty of the case and approved by the court, but
18 the minimum compensation for the attorney in a death penalty
19 case is $10,000. By January 1, 2004, the Article V Indigent
20 Services Advisory Board shall recommend to the Legislature any
21 adjustments to existing compensation schedules for criminal
22 proceedings and any proposed compensation standards for
23 private attorneys providing representation in civil
24 proceedings in which private court-appointed counsel is
25 required.
26 (5) If counsel is entitled to receive compensation for
27 representation pursuant to court appointment in a termination
28 of parental rights proceeding under s. 39.0134, such
29 compensation shall not exceed $1,000 at the trial level and
30 $2,500 at the appellate level.
31
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1 (5)(6) A private attorney appointed in lieu of the
2 public defender to represent an indigent defendant may not
3 reassign or subcontract the case to another attorney or allow
4 another attorney to appear at a critical stage of a case who
5 does not meet standards adopted by the Legislature after any
6 recommendations from the Article V Indigent Services Advisory
7 Board.
8 Section 11. Section 27.54, Florida Statutes, as
9 amended by section 21 of chapter 2003-402, Laws of Florida, is
10 amended to read:
11 27.54 Limitation on payment of expenditures for public
12 defender's office other than by the state.--
13 (1) All payments for the salary of the public defender
14 and the necessary expenses of office, including salaries of
15 assistants and staff, shall be considered as being for a valid
16 public purpose. Travel expenses shall be paid in accordance
17 with the provisions of s. 112.061.
18 (2) A county or municipality may not contract with the
19 public defender of the judicial circuit in which the county or
20 municipality is located, or appropriate or contribute funds
21 to, the operation of the offices of the various public
22 defenders for the purpose of defending persons determined to
23 be indigent under s. 27.52 indigents charged with violations
24 of special laws, unless expressly authorized, or with
25 violations of ordinances of the county or municipality, unless
26 ancillary to a state prosecution. The contract must provide
27 for full reimbursement or as the parties otherwise agree
28 regarding reimbursement.
29 (3) A No public defender or assistant public defender
30 may not shall receive from any county or municipality any
31 supplemental salary, except as provided in this section.
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1 Section 12. Section 28.24, Florida Statutes, as
2 amended by section 28 of chapter 2003-402, Laws of Florida, is
3 amended to read:
4 28.24 Service charges by clerk of the circuit
5 court.--The clerk of the circuit court may charge for services
6 rendered by the clerk's office in recording documents and
7 instruments and in performing the duties enumerated in amounts
8 not to exceed those specified in this section. Notwithstanding
9 any other provision of this section, the clerk of the circuit
10 court shall provide without charge to any justice or judge,
11 state attorney, public defender, and capital collateral
12 regional counsel, and to the authorized staff acting on behalf
13 of each, to any court staff acting on behalf of any justice or
14 judge, and to any state attorney or public access to and a
15 copy copies of any public record records, if the requesting
16 party is entitled by law to review the record notwithstanding
17 the exempt or confidential nature of such public records, as
18 maintained by and in the custody of the clerk of the circuit
19 court as provided in general law and the Florida Rules of
20 Judicial Administration.
21 (1) For examining, comparing, correcting, verifying,
22 and certifying transcripts of record in appellate proceedings,
23 prepared by attorney for appellant or someone else other than
24 clerk per page............................................4.50
25 (2) For preparing, numbering, and indexing an original
26 record of appellate proceedings, per instrument...........3.00
27 (3) For certifying copies of any instrument in the
28 public records............................................1.50
29 (4) For verifying any instrument presented for
30 certification prepared by someone other than clerk, per page
31 ..........................................................3.00
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1 (5)(a) For making copies by photographic process of
2 any instrument in the public records consisting of pages of
3 not more than 14 inches by 8 1/2 inches, per page........1.00
4 (b) For making copies by photographic process of any
5 instrument in the public records of more than 14 inches by 8
6 1/2 inches, per page.....................................5.00
7 (6) For making microfilm copies of any public records:
8 (a) 16 mm 100' microfilm roll....................37.50
9 (b) 35 mm 100' microfilm roll....................52.50
10 (c) Microfiche, per fiche.........................3.00
11 (7) For copying any instrument in the public records
12 by other than photographic process, per page..............6.00
13 (8) For writing any paper other than herein
14 specifically mentioned, same as for copying, including signing
15 and sealing...............................................6.00
16 (9) For indexing each entry not recorded..........1.00
17 (10) For receiving money into the registry of court:
18 (a)1. First $500, percent............................3
19 2. Each subsequent $100, percent...................1.5
20 (b) Eminent domain actions, per deposit........$150.00
21 (11) For examining, certifying, and recording plats
22 and for recording condominium exhibits larger than 14 inches
23 by 8 1/2 inches:
24 (a) First page...................................30.00
25 (b) Each additional page.........................15.00
26 (12) For recording, indexing, and filing any
27 instrument not more than 14 inches by 8 1/2 inches, including
28 required notice to property appraiser where applicable:
29 (a) First page or fraction thereof................5.00
30 (b) Each additional page or fraction thereof......4.00
31
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1 (c) For indexing instruments recorded in the official
2 records which contain more than four names, per additional
3 name......................................................1.00
4 (d) An additional service charge shall be paid to the
5 clerk of the circuit court to be deposited in the Public
6 Records Modernization Trust Fund for each instrument listed in
7 s. 28.222, except judgments received from the courts and
8 notices of lis pendens, recorded in the official records:
9 1. First page.....................................1.00
10 2. Each additional page...........................0.50
11
12 Such Said fund shall be held in trust by the clerk and used
13 exclusively for equipment and maintenance of equipment,
14 personnel training, and technical assistance in modernizing
15 the public records system of the office. In a county where the
16 duty of maintaining official records exists in an office other
17 than the office of the clerk of the circuit court, the clerk
18 of the circuit court is entitled to 25 percent of the moneys
19 deposited into the trust fund for equipment, maintenance of
20 equipment, training, and technical assistance in modernizing
21 the system for storing records in the office of the clerk of
22 the circuit court. The fund may not be used for the payment of
23 travel expenses, membership dues, bank charges,
24 staff-recruitment costs, salaries or benefits of employees,
25 construction costs, general operating expenses, or other costs
26 not directly related to obtaining and maintaining equipment
27 for public records systems or for the purchase of furniture or
28 office supplies and equipment not related to the storage of
29 records. On or before December 1, 1995, and on or before
30 December 1 of each year immediately preceding each year during
31 which the trust fund is scheduled for legislative review under
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1 s. 19(f)(2), Art. III of the State Constitution, each clerk of
2 the circuit court shall file a report on the Public Records
3 Modernization Trust Fund with the President of the Senate and
4 the Speaker of the House of Representatives. The report must
5 itemize each expenditure made from the trust fund since the
6 last report was filed; each obligation payable from the trust
7 fund on that date; and the percentage of funds expended for
8 each of the following: equipment, maintenance of equipment,
9 personnel training, and technical assistance. The report must
10 indicate the nature of the system each clerk uses to store,
11 maintain, and retrieve public records and the degree to which
12 the system has been upgraded since the creation of the trust
13 fund.
14 (13) Oath, administering, attesting, and sealing, not
15 otherwise provided for herein.............................3.00
16 (14) For validating certificates, any authorized
17 bonds, each...............................................3.00
18 (15) For preparing affidavit of domicile..........5.00
19 (16) For exemplified certificates, including signing
20 and sealing...............................................6.00
21 (17) For authenticated certificates, including signing
22 and sealing...............................................6.00
23 (18)(a) For issuing and filing a subpoena for a
24 witness, not otherwise provided for herein (includes writing,
25 preparing, signing, and sealing)..........................6.00
26 (b) For signing and sealing only..................1.50
27 (19) For approving bond...........................7.50
28 (20) For searching of records, for each year's search
29 ..........................................................1.50
30 (21) For processing an application for a tax deed sale
31 (includes application, sale, issuance, and preparation of tax
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1 deed, and disbursement of proceeds of sale), other than excess
2 proceeds.................................................60.00
3 (22) For disbursement of excess proceeds of tax deed
4 sale, first $100 or fraction thereof.....................10.00
5 (23) Upon receipt of an application for a marriage
6 license, for preparing and administering of oath; issuing,
7 sealing, and recording of the marriage license; and providing
8 a certified copy.........................................30.00
9 (24) For solemnizing matrimony...................30.00
10 (25) For sealing any court file or expungement of any
11 record...................................................37.50
12 (26) For receiving and disbursing all restitution
13 payments, per payment.....................................3.00
14 (27) Postal charges incurred by the clerk of the
15 circuit court in any mailing by certified or registered mail
16 shall be paid by the party at whose instance the mailing is
17 made.
18 (28) For furnishing an electronic copy of information
19 contained in a computer database: a fee as provided for in
20 chapter 119.
21 Section 13. Present subsection (4) of section 28.2401,
22 Florida Statutes, as amended by section 29 of chapter
23 2003-402, Laws of Florida, is redesignated as subsection (5),
24 and a new subsection (4) is added to that section to read:
25 28.2401 Service charges in probate matters.--
26 (4) Notwithstanding any law to the contrary, a board
27 of county commissioners that imposed by ordinance increased
28 fees or service charges under this section, s. 28.241, or s.
29 34.041 for the purpose of securing payment of the principal of
30 and interest on bonds issued by the county before July 1,
31 2003, to finance state court facilities may impose by
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1 ordinance a surcharge of up to $15 in excess of the fees or
2 service charges set forth in this section. Revenue from the
3 surcharge shall be used to pay the principal of and interest
4 on the bonds until the date of stated maturity. The bonds may
5 be refunded only if:
6 1. Savings will be realized on payments of debt
7 service; and
8 2. The refunding bonds are scheduled to mature on the
9 same date or before the bonds being refunded.
10 Section 14. Section 28.2402, Florida Statutes, is
11 amended to read:
12 28.2402 Additional costs for performance of clerk
13 court-related functions.--A filing fee of $10 The sum of $200
14 shall be assessed to a county or municipality when filing a
15 county or municipal code or ordinance violation in court. The
16 $200 fee shall be paid to the clerk of the circuit and county
17 court for performing court-related functions. No other filing
18 fee may be assessed for filing the violation in court. When a
19 person contests the violation in court, the court must assess
20 $40 in court costs against the nonprevailing party for deposit
21 into the clerk's fine and forfeiture fund established pursuant
22 to s. 142.01.
23 Section 15. Section 28.241, Florida Statutes, as
24 amended by section 32 of chapter 2003-402, Laws of Florida, is
25 amended to read:
26 28.241 Filing fees and appearance fee for trial and
27 appellate proceedings.--
28 (1)(a) The party instituting any civil action, suit,
29 or proceeding in the circuit court shall pay to the clerk of
30 that court a filing fee of up to $250 in all cases in which
31 there are not more than five defendants and an additional
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1 filing fee of up to $2 for each defendant in excess of five.
2 Of the first $55 $57.50 in filing fees, $50 must be remitted
3 by the clerk to the Department of Revenue for deposit into the
4 General Revenue Fund and; $5 must be remitted to the Clerk of
5 Court Operations Conference; and $2.50 shall be paid to the
6 clerk for each civil action brought in circuit or county
7 court, to be remitted by the clerk to the Department of
8 Revenue for deposit into the Court Education Trust Fund.
9 One-third of any filing fees collected by the clerk of the
10 circuit court in excess of the first $55 $57.50 shall be
11 remitted to the Department of Revenue for deposit into the
12 Department of Revenue Clerks of the Court Trust Fund. An
13 additional filing fee of $2.50 shall be paid to the clerk, who
14 shall transfer the $2.50 to the Department of Revenue for
15 deposit into the Court Education Trust Fund. An additional
16 filing fee of up to $15 shall be paid by the party seeking
17 each severance that is granted. The clerk may impose an
18 additional filing fee of up to $75 for all proceedings of
19 garnishment, attachment, replevin, and distress. Postal
20 charges incurred by the clerk of the circuit court in making
21 service by certified or registered mail on defendants or other
22 parties shall be paid by the party at whose instance service
23 is made. No additional fees, charges, or costs shall be added
24 to the filing fees imposed under this section, except as
25 authorized by general law.
26 (b) Notwithstanding any law to the contrary, a board
27 of county commissioners that imposed by ordinance increased
28 fees or service charges under s. 28.2401, this section, or s.
29 34.041 for the purpose of securing payment of the principal of
30 and interest on bonds issued by the county before July 1,
31 2003, to finance state court facilities may impose by
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1 ordinance a surcharge of up to $15 in excess of the fees or
2 service charges set forth in this section. Revenue from the
3 surcharge shall be used to pay the principal of and interest
4 on the bonds until the date of stated maturity. The bonds may
5 be refunded only if:
6 1. Savings will be realized on payments of debt
7 service; and
8 2. The refunding bonds are scheduled to mature on the
9 same date or before the bonds being refunded.
10 (c)(b) Except as prohibited in s. 28.345, a party
11 reopening any civil action, suit, or proceeding in the circuit
12 court shall pay to the clerk of court a filing fee set by the
13 clerk in an amount not to exceed $50. For purposes of this
14 section, a case is reopened when a case previously reported as
15 disposed of is resubmitted to a court and includes petitions
16 for modification of a final judgment of dissolution.
17 (2) Upon the institution of any appellate proceeding
18 from any lower inferior court to the circuit court of any such
19 county, including appeals filed by a county or municipality as
20 provided in s. 34.041(6), or from the circuit court to an
21 appellate court of the state, the clerk shall charge and
22 collect from the party or parties instituting such appellate
23 proceedings a filing fee not to exceed service charge of up to
24 $250 for filing a notice of appeal from a lower an inferior
25 court or for filing a notice of appeal to a higher court. From
26 the filing fee, $50 must be remitted by the clerk to the
27 Department of Revenue for deposit into the General Revenue
28 Fund.
29 (3) A filing fee may not be imposed upon a party for
30 responding by pleading, motion, or other paper to a civil or
31
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1 criminal action, suit, proceeding, or appeal in a circuit
2 court.
3 (4) The fees prescribed in this section do not include
4 the service charges required by law for the clerk as provided
5 in s. 28.24 or by other sections of the Florida Statutes.
6 Filing fees authorized by this section may not be added to any
7 civil penalty imposed by chapter 316 or chapter 318.
8 (5) Filing fees for the institution or reopening of
9 any civil action, suit, or proceeding in county court shall be
10 charged and collected as provided in s. 34.041.
11 (6) From each attorney appearing pro hac vice, the
12 clerk of the circuit court must collect a fee of $100 for
13 deposit into the General Revenue Fund.
14 Section 16. Subsection (6) of section 28.246, Florida
15 Statutes, is amended to read:
16 28.246 Payment of court-related fees, charges, and
17 costs; partial payments; distribution of funds.--
18 (6) A clerk of court may pursue the collection of any
19 fees, fines, court costs, or other costs imposed by the court
20 which remain unpaid for 90 days or more, or refer such
21 collection to a private attorney who is a member in good
22 standing of The Florida Bar or collection agent who is
23 registered and in good standing pursuant to chapter 559. In
24 pursuing the collection of such unpaid financial obligations
25 through a private attorney or collection agent, the clerk of
26 the court must determine this is cost-effective and follow
27 applicable procurement practices. The cost of collection,
28 including a reasonable attorney's fee, may be recovered by
29 adding the cost and fee to the balance owed, except that such
30 fee and cost may not exceed 40 percent of the balance owed.
31
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1 Section 17. Section 28.345, Florida Statutes, is
2 amended to read:
3 28.345 Exemption from fees and
4 charges.--Notwithstanding any other provision of this chapter
5 or law to the contrary, state attorneys, and public defenders,
6 and judges are exempt from all fees and charges assessed by
7 the clerks of the circuit courts.
8 Section 18. Subsection (2) of section 28.35, Florida
9 Statutes, is amended to read:
10 28.35 Clerk of Court Operations Conference.--
11 (2) The duties of the conference shall include:
12 (a) Periodically recommending to the Legislature
13 changes in the various court-related fines, fees, service
14 charges, and cost schedules established by law to ensure
15 reasonable and adequate funding of the clerks of the court in
16 the performance of their court-related functions.
17 (b) Establishing a process for the review and approval
18 of court-related proposed budgets submitted by clerks of the
19 court 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 (d) Developing and approving a system of performance
27 accountability measurements and performance standards for each
28 clerk of the court. These measures must assess the fiscal
29 management, efficient operations, and effective collection of
30 fines, fees, service charges, and costs using data reported in
31 s. 28.246 as well as other data.
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1 (e) Publishing a schedule of maximum fines, fees,
2 service charges, and costs that may be charged by a clerk of
3 the court for court-related functions pursuant to general law
4 that reflects any adjustments based on changes in the Consumer
5 Price Index. Effective July 1, 2004, the schedule shall
6 reflect the maximum fines, fees, service charges, and costs
7 established by general law. The schedule may be adjusted on or
8 after October 1, 2005, and no more frequently than annually
9 thereafter, by the average percentage change in the Consumer
10 Price Index issued by the United States Department of Labor
11 since the last adjustment by the conference. Any adjustment to
12 the schedule authorized in this paragraph must be
13 affirmatively approved by a majority of the clerks of the
14 circuit courts before such adjustments may take effect.
15 Section 19. Section 28.36, Florida Statutes, is
16 amended to read:
17 28.36 Budget review and approval procedure.--There is
18 established a budget procedure for the court-related functions
19 of the clerks of the court.
20 (1) For the period July 1, 2004, through September 30,
21 2004, and for each county fiscal year ending September 30
22 thereafter, each clerk of the court shall prepare a budget
23 relating solely to the performance of the court-related
24 functions.
25 (2) Each proposed budget shall conform to the
26 following requirements:
27 (a) On May 1, 2004, for the fiscal period of July 1,
28 2004, through September 30, 2004, and on or before August 1
29 for each fiscal year thereafter, the proposed budget shall be
30 prepared, summarized, and submitted by the clerk in each
31 county to the Clerk of Court Operations Conference in the
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1 manner and form prescribed by the conference. The proposed
2 budget must provide detailed information on the anticipated
3 revenues available and expenditures necessary for the
4 performance of the court-related functions of the clerk's
5 office for the county fiscal year beginning the following
6 October 1.
7 (b) The proposed budget must be balanced, such that
8 the total of the estimated revenues available must equal or
9 exceed the total of the anticipated expenditures. These
10 revenues include the following: cash balances brought forward
11 from the prior fiscal period; revenue projected to be received
12 from fines, fees, service charges, and costs for court-related
13 services during the fiscal period covered by the budget; and
14 supplemental revenue that may be requested pursuant to
15 subsection (3); and the contingency reserve authorized in
16 paragraph (c). The anticipated expenditures must be itemized
17 as required by the Clerk of Court Operations Conference.
18 (c) The proposed budget may include a contingency
19 reserve not to exceed 10 percent of the total budget.
20 (3) If a clerk of the court estimates that available
21 funds plus projected revenues from fines, fees, service
22 charges, and costs for court-related services are insufficient
23 to meet the anticipated expenditures for the court-related
24 functions performed by his or her office, the clerk must
25 report the revenue budget deficit to the Clerk of Court
26 Operations Conference in the manner and form prescribed by the
27 conference. The conference shall determine whether the clerk
28 is meeting his or her performance standards for the current
29 year relating to fiscal management, efficient operations, and
30 the effective collection of fines, fees, service charges, and
31 costs.
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1 (a) If the conference determines that a clerk is
2 meeting his or her performance standards for fiscal
3 management; efficient operations; and effective collection of
4 fines, fees, service charges, and costs; and a revenue deficit
5 is projected, that clerk shall increase all fines, fees,
6 service charges, and costs to the maximum amounts specified by
7 law or the amount necessary to resolve the deficit, whichever
8 is less. If, after increasing such fines, fees, service
9 charges, and costs, a revenue budget deficit is still
10 projected, the conference may shall certify a revenue deficit
11 pursuant to paragraph (b) and notify the Department of Revenue
12 that that clerk is authorized to retain revenues, in an amount
13 necessary to fully fund the projected revenue deficit, which
14 he or she would otherwise be required to remit to the
15 Department of Revenue for deposit into the Department of
16 Revenue Clerks of the Court Trust Fund pursuant to s. 28.37.
17 If a revenue budget deficit is projected after retaining all
18 of the collections from court-related fines, fees, service
19 charges, and costs, the conference may shall certify the
20 revenue deficit amount to the Chief Financial Officer,
21 pursuant to paragraph (b). An amount equal to the revenue
22 deficit is hereby appropriated each year from the Department
23 of Revenue Clerks of the Court Trust Fund, without further
24 legislative action, period after period, until altered or
25 revoked by the Legislature. The Department of Revenue is
26 directed to make a monthly distribution of equal amounts to
27 each clerk certified to have a revenue deficit until the Clerk
28 of Court Operations Conference certifies a different amount to
29 be distributed pursuant to paragraph (b).
30 (b) The Clerk of Court Operations Conference shall
31 make the revenue deficit certifications authorized in
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1 paragraph (a) to the Department of Revenue no later than
2 September 15 of each year for the county fiscal year beginning
3 on the following October 1. Changes to the certifications may
4 be made by the Clerk of Court Operations Conference as needed
5 during any county fiscal year when revenues supporting a
6 clerk's budget are projected to be less than the amount
7 previously assumed by the conference in approving a clerk's
8 budget.
9 (c)(b) The Clerk of Court Operations Conference shall
10 notify the Governor, the President of the Senate, and the
11 Speaker of the House of Representatives prior to taking
12 actions specified in this subsection. The notification must
13 shall include a certification by the conference that all of
14 the conditions in this subsection have been met.
15 (4) The Clerk of Court Operations Conference must
16 approve the court-related budget for each clerk in the state,
17 and shall certify to the Legislature by October 15 of each
18 year, the proposed budget amount approved for each clerk's
19 budget; the revenue projection supporting each clerk's budget;
20 each clerk who must retain some or all of the state's share of
21 fines, fees, service charges, and costs; the amount to be paid
22 from the Department of Revenue Clerks of the Court Trust Fund
23 to each clerk; and the performance measures and standards
24 approved by the conference for each clerk.
25 (5)(a) For the county fiscal year October 1, 2004,
26 through September 30, 2005, the maximum annual budget amount
27 that may be authorized by the Clerk of Court Operations
28 Conference for each clerk may not exceed 103 percent of the
29 clerk's estimated actual expenditures for the prior county
30 fiscal year for court-related functions that are required by
31 law effective July 1, 2004, plus the estimated reasonable and
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1 necessary costs of new functions required by law which are not
2 reflected in prior-year expenditures. The conference shall use
3 the clerk's actual expenditures for the prior county fiscal
4 year for court-related functions as reported by the Chief
5 Financial Officer based on the county financial reporting
6 required under s. 218.32.
7 (b) For the county fiscal year 2005-2006, the maximum
8 budget amount that may be authorized by the conference for
9 each clerk budget shall be the approved budget for county
10 fiscal year 2004-2005 adjusted by the projected percentage
11 change in revenue from fines, fees, service charges, and costs
12 for court-related services between the county fiscal years
13 2004-2005 and 2005-2006.
14 (c) For the county fiscal years 2006-2007 and
15 thereafter, the maximum budget amount that may be authorized
16 by the conference for each clerk shall be established by first
17 rebasing the prior fiscal year budget to reflect the actual
18 percentage change in the prior fiscal year revenue from fines,
19 fees, service charges, and costs for court-related services
20 and then adjusting the rebased prior fiscal year budget by the
21 projected percentage change in revenue from fines, fees,
22 service charges, and costs for court-related services for the
23 proposed budget year. The rebasing calculations and maximum
24 annual budget calculations shall be as follows:
25 1. For county fiscal year 2006-2007, the approved
26 budget for county fiscal year 2004-2005 shall be adjusted for
27 the actual percentage change in revenue from fines, fees,
28 service charges, and costs for court-related services between
29 the two 12-month periods ending June 30, 2005, and June 30,
30 2006. This result is the rebased budget for the county fiscal
31 year 2005-2006. Then the rebased budget for the county fiscal
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1 year 2005-2006 shall be adjusted by the projected percentage
2 change in revenue from fines, fees, service charges, and costs
3 for court-related services between the county fiscal years
4 2005-2006 and 2006-2007. This result shall be the maximum
5 annual budget amount that may be authorized by the conference
6 for each clerk for the county fiscal year 2006-2007.
7 2. For county fiscal year 2007-2008, the rebased
8 budget for county fiscal year 2005-2006 shall be adjusted for
9 the actual percentage change in revenue from fines, fees,
10 service charges, and costs for court-related services between
11 the two 12-month periods ending June 30, 2006, and June 30,
12 2007. This result is the rebased budget for the county fiscal
13 year 2006-2007. The rebased budget for county fiscal year
14 2006-2007 shall be adjusted by the projected percentage change
15 in revenue from fines, fees, service charges, and costs for
16 court-related services between the county fiscal years
17 2006-2007 and 2007-2008. This result shall be the maximum
18 annual budget amount that may be authorized by the conference
19 for each clerk budget for county fiscal year 2007-2008.
20 3. For county fiscal years 2008-2009 and thereafter,
21 the maximum budget amount that may be authorized by the
22 conference for each clerk budget shall be calculated as the
23 rebased budget for the prior county fiscal year adjusted by
24 the projected percentage change in revenues from fines, fees,
25 service charges, and costs for court-related services between
26 the prior county fiscal year and the county fiscal year for
27 which the maximum budget amount is being authorized. The
28 rebased budget for the prior county fiscal year shall always
29 be calculated by adjusting the rebased budget for the year
30 preceding the prior county fiscal year by the actual
31 percentage change in revenues from fines, fees, service
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1 charges, and costs for court-related services between the
2 12-month period ending June 30 of the year preceding the prior
3 county fiscal year and the 12-month period ending June 30 of
4 the prior county fiscal year.
5 (6) The Clerk of Court Operations Conference may
6 submit proposed legislation to the Governor, the President of
7 the Senate, and the Speaker of the House of Representatives no
8 later than November 1 in any year for approval of clerk budget
9 request amounts exceeding the restrictions in this section for
10 the following October 1. If proposed legislation is
11 recommended, the conference shall also submit supporting
12 justification with sufficient detail to identify the specific
13 proposed expenditures that would cause the limitations to be
14 exceeded for each affected clerk and the estimated fiscal
15 impact on state revenues.
16 Section 20. Section 28.37, Florida Statutes, is
17 amended to read:
18 28.37 Fines, fees, service charges, and costs remitted
19 to the state.--
20 (1) Pursuant to s. 14(b), Art. V of the State
21 Constitution, selected salaries, costs, and expenses of the
22 state courts system and court-related functions shall be
23 funded from a portion of the revenues derived from statutory
24 fines, fees, service charges, and costs collected by the
25 clerks of the court.
26 (2) Beginning August 1, 2004, except as otherwise
27 provided in ss. 28.241 and 34.041, one-third of all fines,
28 fees, service charges, and costs collected by the clerks of
29 the court during the prior month for the performance of
30 court-related functions shall be remitted to the Department of
31 Revenue for deposit in the Department of Revenue Clerks of the
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1 Court Trust Fund. These collections do not include funding
2 received for the operation of the Title IV-D child support
3 collections and disbursement program. The clerk of the court
4 shall remit the revenues collected during the prior month due
5 to the state on or before the 20th 5th day of each month. The
6 Department of Revenue shall make a monthly transfer of the
7 funds in the Department of Revenue Clerks of the Court Trust
8 Fund which that are not needed to resolve clerk of the court
9 budget deficits, as specified in s. 28.36, to the General
10 Revenue Fund.
11 (3) For the period of October 1, 2003, to June 30,
12 2004, those clerks operating as fee officers for court-related
13 services shall determine the amount of fees collected and
14 expenses generated for court-related services. Any excess fees
15 generated during this period shall be remitted to the county.
16 Any deficit experienced by the clerk for court-related
17 services during the period from October 1, 2003, to June 30,
18 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 statutory fines, fees, service
25 charges, and costs collected for the clerk's court-related
26 functions over the amount needed to meet the approved budget
27 amounts established under s. 28.36.
28 (5)(4) The Department of Revenue shall adopt rules
29 governing the remittance of the funds to be transferred to the
30 General Revenue Fund under this section and, the required
31 forms and procedures, and penalties for failure to comply. The
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1 department shall collect any funds that the Clerk of Court
2 Operations Conference determines upon investigation were due
3 on January 1 but not remitted to the department.
4 Section 21. Section 29.005, Florida Statutes, as
5 amended by section 41 of chapter 2003-402, Laws of Florida, is
6 amended to read:
7 29.005 State attorneys' offices and prosecution
8 expenses.--For purposes of implementing s. 14, Art. V of the
9 State Constitution, the elements of the state attorneys'
10 offices to be provided from state revenues appropriated by
11 general law are as follows:
12 (1) The state attorney of each judicial circuit and
13 assistant state attorneys and other staff as determined by
14 general law.
15 (2) Reasonable court reporting and transcription
16 services necessary to meet constitutional or statutory
17 requirements, including the cost of transcribing and copying
18 depositions of witnesses and the cost of foreign language and
19 sign-language interpreters and translators.
20 (3) Witnesses, including expert witnesses, summoned to
21 appear for an investigation, preliminary hearing, or trial in
22 any a criminal case when the witnesses are summoned by a state
23 attorney, and any other expert witnesses required in a court
24 hearing by law or whom the state attorney deems necessary for
25 the performance of his or her duties.
26 (4) Mental health professionals appointed pursuant to
27 s. 394.473 and required in a court hearing involving an
28 indigent, and mental health professionals appointed pursuant
29 to s. 916.115(2) and required in a court hearing involving an
30 indigent.
31
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1 (4)(5) Reasonable transportation services in the
2 performance of constitutional and statutory responsibilities.
3 (5)(6) Travel expenses reimbursable under s. 112.061
4 reasonably necessary in the performance of constitutional and
5 statutory responsibilities.
6 (6)(7) Reasonable library and electronic legal
7 research services, other than a public law library.
8 (7)(8) Reasonable pretrial consultation fees and
9 costs.
10 Section 22. Section 29.006, Florida Statutes, as
11 amended by section 42 of chapter 2003-403, Laws of Florida, is
12 amended to read:
13 29.006 Public defenders and indigent defense
14 costs.--For purposes of implementing s. 14, Art. V of the
15 State Constitution, the elements of the public defenders'
16 offices to be provided from state revenues appropriated by
17 general law are as follows:
18 (1) The public defender of each judicial circuit and
19 assistant public defenders and other staff as determined by
20 general law.
21 (2) Reasonable court reporting and transcription
22 services necessary to meet constitutional or statutory
23 requirements, including the cost of transcribing and copying
24 depositions of witnesses and the cost of foreign language and
25 sign-language interpreters and translators.
26 (3) Witnesses, including expert witnesses, summoned to
27 appear for an investigation, preliminary hearing, or trial in
28 any a criminal case when the witnesses are summoned on behalf
29 of an indigent defendant, and any other expert witnesses
30 required in a court hearing by law or whomever the public
31
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1 defender deems necessary for the performance of his or her
2 duties approved by the court.
3 (4) Mental health professionals appointed pursuant to
4 s. 394.473 and required in a court hearing involving an
5 indigent, and mental health professionals appointed pursuant
6 to s. 916.115(2) and required in a court hearing involving an
7 indigent.
8 (4)(5) Reasonable transportation services in the
9 performance of constitutional and statutory responsibilities.
10 (5)(6) Travel expenses reimbursable under s. 112.061
11 reasonably necessary in the performance of constitutional and
12 statutory responsibilities.
13 (6)(7) Reasonable library and electronic legal
14 research services, other than a public law library.
15 (7)(8) Reasonable pretrial consultation fees and
16 costs.
17 Section 23. Subsection (1) of section 29.008, Florida
18 Statutes, as amended by section 45 of chapter 2003-402, Laws
19 of Florida, is amended to read:
20 29.008 County funding of court-related functions.--
21 (1) Counties are required by s. 14, Art. V of the
22 State Constitution to fund the cost of communications
23 services, existing radio systems, existing multiagency
24 criminal justice information systems, and the cost of
25 construction or lease, maintenance, utilities, and security of
26 facilities for the circuit and county courts, public
27 defenders' offices, state attorneys' offices, and the offices
28 of the clerks of the circuit and county courts performing
29 court-related functions. For purposes of implementing these
30 requirements, the term:
31
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1 (a) "Facility" means reasonable and necessary
2 buildings and space, structures, real estate, easements, and
3 related interests in real estate, including, but not limited
4 to, those for the purpose of housing personnel, equipment, or
5 functions of the circuit or county courts, public defenders'
6 offices, state attorneys' offices, and court-related functions
7 of the office of the clerks of the circuit and county courts
8 and all storage. The term also includes access to parking for
9 such facilities in connection with such court-related
10 functions that may be available free or from a private
11 provider or a local government for a fee. The office space
12 provided by a county may not be less than the standards for
13 space allotment adopted by the Department of Management
14 Services. County funding must include physical modifications
15 and improvements to all facilities as are required for
16 compliance with the Americans with Disabilities Act. Upon
17 mutual agreement of a county and the affected entity in this
18 paragraph, the office space provided by the county may vary
19 from the standards for space allotment adopted by the
20 Department of Management Services. This section applies only
21 to facilities that are leased, or on which construction
22 commences, after June 30, 2003.
23 (b)1. "Construction or lease" includes, but is not
24 limited to, all reasonable and necessary costs of the
25 acquisition or lease of facilities, equipment, and furnishings
26 for all judicial officers, staff, jurors, volunteers of a
27 tenant agency, and the public for the circuit and county
28 courts, the public defenders' offices, state attorneys'
29 offices, and for performing the court-related functions of the
30 offices of the clerks of the circuit and county courts. This
31 includes expenses related to financing such facilities and the
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1 existing and future cost and bonded indebtedness associated
2 with placing the facilities in use.
3 2. As of July 1, 2005, equipment and furnishings shall
4 be limited to that appropriate and customary for courtrooms,
5 jury facilities, and other public areas in courthouses.
6 3. Equipment and furnishings under this paragraph in
7 existence and owned by counties on July 1, 2005, for areas
8 other than courtrooms, jury facilities, and other public areas
9 in courthouses, and the offices of the clerk of the court,
10 shall be transferred to the state at no charge. This provision
11 does not apply to any telecommunications infrastructure,
12 computer systems, and equipment, including computer hardware
13 and software, modems, printers, wiring, networks, and network
14 connections provided by the county.
15 (c) "Maintenance" includes, but is not limited to, all
16 reasonable and necessary costs of custodial and groundskeeping
17 services and renovation and reconstruction as needed to
18 accommodate functions for the circuit and county courts, the
19 public defenders' offices, and state attorneys' offices and
20 for performing the court-related functions of the offices of
21 the clerks of the circuit and county court and for maintaining
22 the facilities in a condition appropriate and safe for the use
23 intended.
24 (d) "Utilities" means all electricity services for
25 light, heat, and or power; natural or manufactured gas
26 services for light, heat, and or power; water and wastewater
27 services and systems, stormwater or runoff services and
28 systems, sewer services and systems, all costs or fees
29 associated with these services and systems, and any costs or
30 fees associated with the mitigation of environmental impacts
31 directly related to the facility.
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1 (e) "Security" includes but is not limited to, all
2 reasonable and necessary costs of services of law enforcement
3 officers or licensed security guards and all electronic,
4 cellular, or digital monitoring and screening devices
5 necessary to ensure the safety and security of all persons
6 visiting or working in a facility; to provide for security of
7 the facility, including protection of property owned by the
8 county or the state; and for security of prisoners brought to
9 any facility. This includes bailiffs while providing courtroom
10 and other security for each judge and other quasi-judicial
11 officers.
12 (f) "Communications services" are defined as any
13 reasonable and necessary transmission, emission, and reception
14 of signs, signals, writings, images, and sounds of
15 intelligence of any nature by wire, radio, optical, or other
16 electromagnetic systems and includes all facilities and
17 equipment owned, leased, or used by judges, clerks, public
18 defenders, state attorneys, and all staff of the state courts
19 system, state attorneys' offices, public defenders' offices,
20 and clerks of the circuit and county courts performing
21 court-related functions. Such system or services shall
22 include, but not be limited to:
23 1. Telephone system infrastructure, including computer
24 lines, telephone switching equipment, and maintenance. Each
25 county shall continue to provide access to a local carrier for
26 local and long distance service and shall pay for the local
27 service. Telephone equipment, not defined as telephone
28 infrastructure, including facsimile and video teleconferencing
29 equipment, owned by the counties shall be transferred to the
30 state at no charge, effective July 1, 2004.
31
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1 2. All computer systems and equipment, including
2 computer hardware and software, modems, printers, multi-task
3 equipment that can be used as printers, wiring, networks,
4 network connections, maintenance, support staff or services,
5 including any county-funded support staff located in the
6 offices of the circuit and county courts, state attorneys, and
7 public defenders, training, supplies, and line charges
8 necessary for an integrated computer system to support the
9 operations and management of the state courts system, the
10 offices of the public defenders, the offices of the state
11 attorneys, and the offices of the clerks of the circuit and
12 county courts and the capability to connect those entities and
13 reporting data to the state as required for the transmission
14 of revenue, performance accountability, case management, data
15 collection, budgeting, and auditing purposes. The integrated
16 computer system shall be operational by January 1, 2006, and,
17 at a minimum, must be able to electronically exchange judicial
18 case background, sentencing guidelines and scoresheets, and
19 video evidence information stored in integrated case
20 management systems over secure networks.
21 3. Courier messenger and subpoena services.
22 4. Auxiliary aids and services for qualified
23 individuals with a disability which are necessary to ensure
24 access to the courts. Such auxiliary aids and services
25 include, but are not limited to, real-time transcription
26 services for individuals who are hearing impaired, and
27 assistive listening devices and the equipment necessary to
28 implement such accommodations.
29 (g) "Existing radio systems" includes, but is not
30 limited to, law enforcement radio systems that are used by the
31 circuit and county courts, the offices of the public
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1 defenders, the offices of the state attorneys, and for
2 court-related functions of the offices of the clerks of the
3 circuit and county courts. This includes radio systems that
4 were operational or under contract at the time Revision No. 7,
5 1998, to Art. V of the State Constitution was adopted and any
6 enhancements made thereafter, the maintenance of those
7 systems, and the personnel and supplies necessary for
8 operation.
9 (h) "Existing multiagency criminal justice information
10 systems" includes, but is not limited to, those components of
11 the multiagency criminal justice information system as defined
12 in s. 943.045, supporting the offices of the circuit or county
13 courts, the public defenders' offices, the state attorneys'
14 offices, or those portions of the offices of the clerks of the
15 circuit and county courts performing court-related functions
16 that are used to carry out the court-related activities of
17 those entities. This includes upgrades and maintenance of the
18 current equipment, maintenance and upgrades of supporting
19 technology infrastructure and associated staff, and services
20 and expenses to assure continued information sharing and
21 reporting of information to the state. The counties shall also
22 provide additional information technology services, hardware,
23 and software as needed for new judges and staff of the state
24 courts system, state attorneys' offices, public defenders'
25 offices, and the offices of the clerks of the circuit and
26 county courts performing court-related functions.
27 Section 24. Subsections (1) and (2) of section 34.01,
28 Florida Statutes, are amended to read:
29 34.01 Jurisdiction of county court.--
30 (1) County courts shall have original jurisdiction:
31
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1 (a) In all misdemeanor cases not cognizable by the
2 circuit courts;
3 (b) Of all violations of municipal and county
4 ordinances; and
5 (c) Of all actions at law in which the matter in
6 controversy does not exceed the sum of $15,000, exclusive of
7 interest, costs, and attorney's fees, except those within the
8 exclusive jurisdiction of the circuit courts. The party
9 instituting any civil action, suit, or proceeding pursuant to
10 this paragraph where the amount in controversy is in excess of
11 $5,000 shall pay to the clerk of the county court the filing
12 fees and service charges in the same amounts and in the same
13 manner as provided in s. 28.241.
14 (2) The county courts shall have jurisdiction
15 previously exercised by county judges' courts other than that
16 vested in the circuit court by s. 26.012, except that county
17 court judges may hear matters involving dissolution of
18 marriage under the simplified dissolution procedure pursuant
19 to the Florida Family Law Rules of Procedure Rule 1.611(c),
20 Florida Rules of Civil Procedure or may issue a final order
21 for dissolution in cases where the matter is uncontested, and
22 the jurisdiction previously exercised by county courts, the
23 claims court, small claims courts, small claims magistrates
24 courts, magistrates courts, justice of the peace courts,
25 municipal courts, and courts of chartered counties, including
26 but not limited to the counties referred to in ss. 9, 10, 11,
27 and 24, Art. VIII of the State Constitution of 1885.
28 Section 25. Section 34.041, Florida Statutes, as
29 amended by section 52 of chapter 2003-402, Laws of Florida, is
30 amended to read:
31 34.041 Filing and appearance fees.--
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1 (1)(a) Upon the institution of any civil action, suit,
2 or proceeding in county court, the party shall clerk of court
3 may require the plaintiff, when filing an action or
4 proceeding, to pay the following filing fee, not to exceed:
5 1.(a) For all claims less than $100 ..............$50.
6 2.(b) For all claims of $100 or more but not more than
7 $500 .....................................................$75.
8 3.(c) For all claims of more than $500 but not more
9 than $2,500..............................................$150.
10 4. For all claims of more than $2,500 but not more
11 than $5,000..............................................$200.
12 5.(d) For all claims of more than $5,000 $2,500..$250.
13 6.(e) In addition, for all proceedings of garnishment,
14 attachment, replevin, and distress........................$75.
15 7.(f) For removal of tenant action................$75.
16 (b) The first $50 of the filing fee collected under
17 subparagraph (1)(a)5. paragraph (d) shall be remitted to the
18 Department of Revenue for deposit into the General Revenue
19 Fund. One-third of any filing fees collected by the clerk
20 under this section paragraph (d) in excess of the first $50
21 collected under subparagraph (1)(a)5. shall be remitted to the
22 Department of Revenue for deposit into the Department of
23 Revenue Clerks of the Court Trust Fund. An additional filing
24 fee of $2.50 shall be paid to the clerk, who shall transfer
25 the $2.50 to the Department of Revenue for deposit into the
26 Court Education Trust Fund.
27 (c) Postal charges incurred by the clerk of the county
28 court in making service by mail on defendants or other parties
29 shall be paid by the party at whose instance service is made.
30 Except as provided herein, filing fees and service charges for
31 performing duties of the clerk relating to the county court
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1 shall be as provided in s. ss. 28.24 and 28.241. Except as
2 otherwise provided herein, all filing fees shall be retained
3 as fee income of the office of the clerk of circuit court.
4 Filing fees imposed by this section may not be added to any
5 penalty imposed by chapter 316 or chapter 318.
6 (2) Notwithstanding any law to the contrary, a board
7 of county commissioners that imposed by ordinance increased
8 fees or service charges under s. 28.2401, s. 28.241, or this
9 section for the purpose of securing payment of the principal
10 of and interest on bonds issued by the county before July 1,
11 2003, to finance state court facilities may impose by
12 ordinance a surcharge of up to $15 in excess of the fees or
13 service charges set forth in this section. Revenue from the
14 surcharge shall be used to pay the principal of and interest
15 on the bonds until the date of stated maturity. The bonds may
16 be refunded only if:
17 1. Savings will be realized on payments of debt
18 service; and
19 2. The refunding bonds are scheduled to mature on the
20 same date or before the bonds being refunded.
21 (3) Except as provided in s. 28.345, a party reopening
22 any civil action, suit, or proceeding in the county court
23 shall pay to the clerk of court a filing fee set by the clerk
24 in an amount not to exceed $50. For purposes of this section,
25 a case is reopened when a case previously reported as disposed
26 of is resubmitted to a court and includes petitions for
27 modification of a final judgment of dissolution.
28 (4)(2) If a party fails shall fail to pay accrued
29 costs, though able to do so, the judge may shall have power to
30 deny that party the right to file any new case while such
31
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1 costs remain unpaid and, likewise, to deny such litigant the
2 right to proceed further in any case pending.
3 (5)(3) In criminal proceedings in county courts, costs
4 shall be taxed against a person in county court upon
5 conviction or estreature pursuant to chapter 939.
6 (6)(4) Upon the institution of any appellate
7 proceeding from the county court to the circuit court,
8 including appeals filed by a county or municipality, the clerk
9 shall charge and collect there shall be charged and collected
10 from the party or parties instituting the such appellate
11 proceedings, including appeals filed by a county or
12 municipality, filing fees as provided in s. 28.241 chapter 28.
13 (7)(5) A charge or a fee may not be imposed upon a
14 party for responding by pleading, motion, or other paper to a
15 civil or criminal action, suit, or proceeding in a county
16 court or to an appeal to the circuit court.
17 (8)(6) For purposes of this section, the term "party"
18 "plaintiff" includes a county or municipality filing any civil
19 action.
20 (9) From each attorney appearing pro hac vice, the
21 clerk must collect a fee of $100 for deposit into the General
22 Revenue Fund.
23 Section 26. Section 34.191, Florida Statutes, as
24 amended by section 56 of chapter 2003-402, Laws of Florida, is
25 amended to read:
26 34.191 Fines and forfeitures.--All fines and
27 forfeitures arising from offenses tried in the county court
28 shall be collected and accounted for by the clerk of the
29 court. All fines and forfeitures received from violations of
30 municipal ordinances committed within a municipality within
31 the territorial jurisdiction of the county court shall be paid
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1 monthly to the municipality except as provided in s. 318.21 or
2 s. 943.25. All other fines and forfeitures collected by the
3 clerk shall be considered income of the office of the clerk
4 for use in performing court-related duties of the office. The
5 clerk of court or the governing body of the municipality, as
6 appropriate, may pursue the collection of any of the unpaid
7 financial obligations to which it is entitled which remain
8 unpaid for 90 days or more, or refer such collection to a
9 private attorney who is a member in good standing of The
10 Florida Bar or collection agent who is registered and in good
11 standing pursuant to chapter 559. In pursuing the collection
12 of such unpaid financial obligations through a private
13 attorney or collection agent, the clerk of court or the
14 governing body of the municipality, as appropriate, must
15 determine this is cost-effective and follow applicable
16 procurement practices. The cost of collection, including a
17 reasonable attorney's fee, may be recovered by adding the cost
18 and fee to the balance owed, except that such fee and cost may
19 not exceed 40 percent of the balance owed.
20 Section 27. Section 35.22, Florida Statutes, is
21 amended to read:
22 35.22 Clerk of district court; appointment;
23 compensation; assistants; filing and appearance fees;
24 teleconferencing.--
25 (1) Each district court of appeal shall appoint a
26 clerk who shall be paid an annual salary to be determined in
27 accordance with s. 25.382.
28 (2) The clerk is authorized to employ such deputies
29 and clerical assistants as may be necessary. Their number and
30 compensation shall be approved by the court, and paid from the
31 annual appropriation for the district courts of appeal.
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1 (3) The clerk, upon the filing of a certified copy of
2 a notice of appeal or petition, shall charge and collect a
3 service charge of $250 for each case docketed, and for
4 copying, certifying or furnishing opinions, records, papers or
5 other instruments and for other services the same service
6 charges as provided in s. 28.24. The State of Florida or its
7 agencies, when appearing as appellant or petitioner, is exempt
8 from the filing fee required in this subsection. From each
9 attorney appearance pro hac vice, the clerk must collect a fee
10 of $100 for deposit as provided in this section.
11 (4) The opinions of the district court of appeal shall
12 not be recorded, but the original as filed shall be preserved
13 with the record in each case.
14 (5) The clerk is authorized immediately after a case
15 is disposed of, to supply the judge who tried the case and
16 from whose order, judgment, or decree, appeal or other review
17 is taken, a copy of all opinions, orders, or judgments filed
18 in such case. Copies of opinions, orders, and decrees shall be
19 furnished in all cases to each attorney of record and for
20 publication in Florida reports to the authorized publisher
21 without charge, and copies furnished to other law book
22 publishers at one-half the regular statutory fee.
23 (6) The clerk of each district court of appeal is
24 required to deposit all fees collected in the State Treasury
25 to the credit of the General Revenue Fund. The clerk shall
26 retain an accounting of each such remittance.
27 (7) The clerk of the district court of appeal is
28 authorized to collect a fee from the parties to an appeal
29 reflecting the actual cost of conducting the proceeding
30 through teleconferencing where the parties have requested that
31 an oral argument or mediation be conducted through
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1 teleconferencing. The fee collected for this purpose shall be
2 used to offset the expenses associated with scheduling the
3 teleconference and shall be deposited in the
4 Mediation/Arbitration Trust Fund.
5 Section 28. Section 40.30, Florida Statutes, as
6 amended by section 63 of chapter 2003-402, Laws of Florida, is
7 amended to read:
8 40.30 Requisition endorsed by Justice Administrative
9 Commission or designee.--Upon receipt of such estimate and the
10 requisition from the clerk of the court pursuant to s. 40.29,
11 the Justice Administrative Commission or designee shall
12 endorse the amount deemed necessary for payment by to the
13 state during the quarterly fiscal period and shall submit a
14 request for payment to the Chief Financial Officer.
15 Section 29. Section 44.108, Florida Statutes, as
16 amended by section 66 of chapter 2003-402, Laws of Florida, is
17 amended to read:
18 44.108 Funding of mediation and
19 arbitration.--Mediation should be accessible to all parties
20 regardless of financial status. In addition to other fees,
21 fines, service charges, and costs levied by law, a filing fee
22 of $1 is levied on all proceedings in the circuit or county
23 courts to fund mediation and arbitration services which are
24 the responsibility of the Supreme Court pursuant to the
25 provisions of s. 44.106. The clerk of the court shall forward
26 the moneys collected to the Department of Revenue for deposit
27 in the state courts' Mediation and Arbitration Trust Fund.
28 Section 30. Subsection (1) of section 45.031, Florida
29 Statutes, is amended to read:
30 45.031 Judicial sales procedure.--In any sale of real
31 or personal property under an order or judgment, the following
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1 procedure may be followed as an alternative to any other sale
2 procedure if so ordered by the court:
3 (1) SALE BY CLERK.--In the order or final judgment,
4 the court shall direct the clerk to sell the property at
5 public sale on a specified day that shall be not less than 20
6 days or more than 35 days after the date thereof, on terms and
7 conditions specified in the order or judgment. A sale may be
8 held more than 35 days after the date of final judgment or
9 order if the plaintiff or plaintiff's attorney consents to
10 such time. Any sale held more than 35 days after the final
11 judgment or order shall not affect the validity or finality of
12 the final judgment or order or any sale held pursuant thereto.
13 Notice of sale shall be published once a week for 2
14 consecutive weeks in a newspaper of general circulation, as
15 defined in chapter 50, published in the county where the sale
16 is to be held. The second publication shall be at least 5 days
17 before the sale. The notice shall contain:
18 (a) A description of the property to be sold.
19 (b) The time and place of sale.
20 (c) A statement that the sale will be made pursuant to
21 the order or final judgment.
22 (d) The caption of the action.
23 (e) The name of the clerk making the sale.
24
25 The clerk shall receive a service charge of up to $60 $40 for
26 services in making, recording, and certifying the sale and
27 title that shall be assessed as costs. The court, in its
28 discretion, may enlarge the time of the sale. Notice of the
29 changed time of sale shall be published as provided herein.
30
31
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1 Section 31. Subsection (5) of section 55.10, Florida
2 Statutes, as amended by section 68 of chapter 2003-402, Laws
3 of Florida, is amended to read:
4 55.10 Judgments, orders, and decrees; lien of all,
5 generally; extension of liens; transfer of liens to other
6 security.--
7 (5) Any lien claimed under this section 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 depositing in the clerk's office a sum of
12 money or filing in the clerk's office a bond executed as
13 surety by a surety insurer licensed to do business in this
14 state. Such deposit or bond shall be in an amount equal to the
15 amount demanded in such claim of lien plus interest thereon at
16 the legal rate for 3 years plus $500 to apply on any court
17 costs which may be taxed in any proceeding to enforce said
18 lien. Such deposit or bond shall be conditioned to pay any
19 judgment, order, or decree which may be rendered for the
20 satisfaction of the lien for which such claim of lien was
21 recorded and costs plus $500 for court costs. Upon such
22 deposit being made or such bond being filed, the clerk shall
23 make and record a certificate showing the transfer of the lien
24 from the real property to the security and mail a copy thereof
25 by registered or certified mail to the lienor named in the
26 claim of lien so transferred, at the address stated therein.
27 Upon the filing of the certificate of transfer, the real
28 property shall thereupon be released from the lien claimed,
29 and such lien shall be transferred to said security. The clerk
30 shall be entitled to a service charge fee of up to $15 for
31 making and serving the certificate. If the transaction
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1 involves the transfer of multiple liens, an additional charge
2 of up to $7.50 for each additional lien shall be charged. Any
3 number of liens may be transferred to one such security.
4 Section 32. Subsection (2) of section 55.141, Florida
5 Statutes, as amended by section 69 of chapter 2003-402, Laws
6 of Florida, is amended to read:
7 55.141 Satisfaction of judgments and decrees; duties
8 of clerk and judge.--
9 (2) Upon such payment, the clerk, or the judge if
10 there is no clerk, shall issue his or her receipt therefor and
11 shall record a satisfaction of judgment, provided by the
12 judgment holder, upon payment of the recording charge
13 prescribed in s. 28.24(15) s. 28.24(12) plus the necessary
14 costs of mailing to the clerk or judge. The clerk or judge
15 shall formally notify the owner of record of such judgment or
16 decree, if such person and his or her address are known to the
17 clerk or judge receiving such payment, and, upon request
18 therefor, shall pay over to the person entitled, or to his or
19 her order, the full amount of the payment so received, less
20 his or her service charge fees for providing a receipt upon
21 the court issuing a writ of execution on such judgment or
22 decree, if any has been issued, and less his or her service
23 charge fees for receiving into and paying out of the registry
24 of the court such payment, together with the service charge
25 fees of the clerk for receiving into and paying such money out
26 of the registry of the court.
27 Section 33. Section 55.312, Florida Statutes, is
28 created to read:
29 55.312 Service charge on certain money judgments and
30 settlement agreements.--
31
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1 (1)(a) A service charge equal to one-tenth of 1
2 percent of the amount of each money judgment or settlement
3 agreement in excess of $100,000 entered by a circuit court in
4 this state in any civil action for damages, other than an
5 action for dissolution of marriage or breach of contract,
6 shall be collected by and paid to the clerk of the court in
7 the circuit where the action was filed. The service charge
8 shall not apply to settlements reached at or before final
9 pretrial conference.
10 (b) By agreement of the parties, the service charge
11 may be paid by any party or allocated to more than one party;
12 however, if there is no agreement among the parties as to
13 which party shall pay the service charge, the responsibility
14 to pay it falls equally on each party to the action pro rata.
15 The payment of the service charge shall be made at the time
16 the payment or settlement is paid. If the parties enter into a
17 confidential settlement, the amount of the settlement may be
18 disclosed by the parties to the court, in camera, in order for
19 the service charge to be assessed.
20 (2) The service charge imposed by this section shall
21 be used to offset the general expense of the Florida Access to
22 Civil Legal Assistance Act, ss. 68.094-68.105. The service
23 charge does not apply if the paying party is a state or local
24 governmental agency.
25 (3) The clerk of the court shall remit the service
26 charge receipts collected under this section to the Department
27 of Revenue. The Department of Revenue shall deposit the first
28 $5 million received each year into the Grants and Donations
29 Trust Fund of the Department of Community Affairs to fund
30 access to civil legal assistance as provided in subsection
31
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1 (2), and the Department of Revenue shall deposit any excess
2 into the General Revenue Fund.
3 (4) The Department of Revenue shall adopt rules
4 governing the assessment, collection, and periodic remittance
5 of the service charge to the department, and the required
6 forms and procedures. The department shall collect any service
7 charge if the department determines, upon investigation, that
8 the charge was due but not timely remitted to the department.
9 The rules shall require that remittance be made to the
10 department within 30 days after the charge is collected by the
11 clerk.
12 (5) An attorney licensed to practice in this state may
13 not disburse any proceeds to a client in a civil case,
14 mediation, or arbitration to which the service charge applies
15 unless the attorney or the trial court provides for the
16 assessment, allocation, and remittance of the applicable pro
17 rata share of the service charge.
18 (6) Any party who fails to remit the service charge
19 assessed pursuant to this section within 90 days after the
20 date of the assessment commits a misdemeanor of the second
21 degree, punishable as provided in s. 775.082 or s. 775.083.
22 (7) Before February 1 of each year, the Department of
23 Revenue shall report in writing to the President of the Senate
24 and the Speaker of the House of Representatives the dollar
25 amount of remittances received by the department in the prior
26 calendar year, by county.
27 Section 34. Section 57.085, Florida Statutes, as
28 amended by section 72 of chapter 2003-402, Laws of Florida, is
29 amended to read:
30 57.085 Deferral Waiver of prepayment of court costs
31 and fees for indigent prisoners.--
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1 (1) For the purposes of this section, the term
2 "prisoner" means a person who has been convicted of a crime
3 and is incarcerated for that crime or who is being held in
4 custody pending extradition or sentencing.
5 (2) When a prisoner who is intervening in or
6 initiating a judicial proceeding seeks to defer the prepayment
7 of court costs and fees because of indigence, the prisoner
8 must file an affidavit of indigence with the appropriate clerk
9 of the court. The affidavit must contain complete information
10 about the prisoner's identity; the nature and amount of the
11 prisoner's income; all real property owned by the prisoner;
12 all tangible and intangible property worth more than $100
13 which is owned by the prisoner; the amount of cash held by the
14 prisoner; the balance of any checking, savings, or money
15 market account held by the prisoner; the prisoner's
16 dependents, including their names and ages; the prisoner's
17 debts, including the name of each creditor and the amount owed
18 to each creditor; and the prisoner's monthly expenses. The
19 prisoner must certify in the affidavit whether the prisoner
20 has been adjudicated indigent under this section, certified
21 indigent under s. 57.081, or authorized to proceed as an
22 indigent under 28 U.S.C. s. 1915 by a federal court. The
23 prisoner must attach to the affidavit a photocopy of the
24 prisoner's trust account records for the preceding 6 months or
25 for the length of the prisoner's incarceration, whichever
26 period is shorter. The affidavit must contain the following
27 statements: "I am unable to pay court costs and fees. Under
28 penalty of perjury, I swear or affirm that all statements in
29 this affidavit are true and complete."
30 (3) Before a prisoner may receive a deferral of
31 prepayment of any court costs and fees for an action brought
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1 under this section, the clerk of court must review the
2 affidavit and certify the prisoner is indigent.
3 (4) When the clerk has issued a certificate of
4 indigence under this section but concludes the prisoner is
5 able to pay part of the court costs and fees required by law,
6 the court shall order the prisoner to make, prior to service
7 of process, an initial partial payment of those court costs
8 and fees. The initial partial payment must total at least 20
9 percent of the average monthly balance of the prisoner's trust
10 account for the preceding 6 months or for the length of the
11 prisoner's incarceration, whichever period is shorter.
12 (5) When the clerk has issued a certificate of
13 indigence under this section, the court shall order the
14 prisoner to make monthly payments of no less than 20 percent
15 of the balance of the prisoner's trust account as payment of
16 court costs and fees. When a court orders such payment, the
17 Department of Corrections or the local detention facility
18 shall place a lien on the inmate's trust account for the full
19 amount of the court costs and fees, and shall withdraw money
20 maintained in that trust account and forward the money, when
21 the balance exceeds $10, to the appropriate clerk of the court
22 until the prisoner's court costs and fees are paid in full.
23 (6) Before an indigent prisoner may intervene in or
24 initiate any judicial proceeding, the court must review the
25 prisoner's claim to determine whether it is legally sufficient
26 to state a cause of action for which the court has
27 jurisdiction and may grant relief. The court shall dismiss
28 all or part of an indigent prisoner's claim which:
29 (a) Fails to state a claim for which relief may be
30 granted;
31
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1 (b) Seeks monetary relief from a defendant who is
2 immune from such relief;
3 (c) Seeks relief for mental or emotional injury where
4 there has been no related allegation of a physical injury; or
5 (d) Is frivolous or, malicious, or reasonably appears
6 to be intended to harass one or more named defendants.
7 (7) A prisoner who has twice in the preceding 3 years
8 been adjudicated indigent under this section, certified
9 indigent under s. 57.081, or authorized to proceed as an
10 indigent under 28 U.S.C. s. 1915 by a federal court may not be
11 adjudicated indigent to pursue a new suit, action, claim,
12 proceeding, or appeal without first obtaining leave of court.
13 In a request for leave of court, the prisoner must provide a
14 complete listing of each suit, action, claim, proceeding, or
15 appeal brought by the prisoner or intervened in by the
16 prisoner in any court or other adjudicatory forum in the
17 preceding 5 years. The prisoner must attach to a request for
18 leave of court a copy of each complaint, petition, or other
19 document purporting to commence a lawsuit and a record of
20 disposition of the proceeding.
21 (8) In any judicial proceeding in which a certificate
22 of indigence has been issued to a prisoner, the court may at
23 any time dismiss the prisoner's action, in whole or in part,
24 upon a finding that:
25 (a) The prisoner's claim of indigence is false or
26 misleading;
27 (b) The prisoner provided false or misleading
28 information regarding another judicial or administrative
29 proceeding in which the prisoner was a party;
30 (c) The prisoner failed to pay court costs and fees
31 under this section despite having the ability to pay; or
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1 (d) The prisoner's action or a portion of the action
2 is frivolous or malicious.
3 (9) In determining whether an action is frivolous or
4 malicious, the court may consider whether:
5 (a) The prisoner's claim has no arguable basis in law
6 or fact;
7 (b) The prisoner's claim reasonably appears intended
8 solely to harass a party filed against;
9 (c) The prisoner's claim is substantially similar to a
10 previous claim in that it involves the same parties or arises
11 from the same operative facts as a previous claim;
12 (d) The prisoner's claim has little likelihood of
13 success on its merits; or
14 (e) The allegations of fact in the prisoner's claim
15 are fanciful or not credible.
16 (10) This section does not apply to a criminal
17 proceeding or a collateral criminal proceeding.
18 Section 35. Paragraph (b) of subsection (6) of section
19 61.14, Florida Statutes, as amended by section 73 of chapter
20 2003-402, Laws of Florida, is amended to read:
21 61.14 Enforcement and modification of support,
22 maintenance, or alimony agreements or orders.--
23 (6)
24 (b)1. When an obligor is 15 days delinquent in making
25 a payment or installment of support and the amount of the
26 delinquency is greater than the periodic payment amount
27 ordered by the court, the local depository shall serve notice
28 on the obligor informing him or her of:
29 a. The delinquency and its amount.
30 b. An impending judgment by operation of law against
31 him or her in the amount of the delinquency and all other
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1 amounts which thereafter become due and are unpaid, together
2 with costs and a fee of up to $7.50 $5, for failure to pay the
3 amount of the delinquency.
4 c. The obligor's right to contest the impending
5 judgment and the ground upon which such contest can be made.
6 d. The local depository's authority to release
7 information regarding the delinquency to one or more credit
8 reporting agencies.
9 2. The local depository shall serve the notice by
10 mailing it by first class mail to the obligor at his or her
11 last address of record with the local depository. If the
12 obligor has no address of record with the local depository,
13 service shall be by publication as provided in chapter 49.
14 3. When service of the notice is made by mail, service
15 is complete on the date of mailing.
16 Section 36. Section 125.69, Florida Statutes, as
17 amended by section 80 of chapter 2003-402, Laws of Florida, is
18 amended to read:
19 125.69 Penalties; enforcement by code inspectors.--
20 (1) Violations of county ordinances shall be
21 prosecuted in the same manner as misdemeanors are prosecuted.
22 Such violations shall be prosecuted in the name of the county
23 in a court having jurisdiction of misdemeanors by the
24 prosecuting attorney thereof and upon conviction shall be
25 punished by a fine not to exceed $500 or by imprisonment in
26 the county jail not to exceed 60 days or by both such fine and
27 imprisonment. However, a county may specify, by ordinance, a
28 violation of a county ordinance which is punishable by a fine
29 in an amount exceeding $500, but not exceeding $2,000 a day,
30 if the county must have authority to punish a violation of
31 that ordinance by a fine in an amount greater than $500 in
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1 order for the county to carry out a federally mandated
2 program.
3 (2) For the purpose of prosecuting violations of
4 special laws and county ordinances notwithstanding the
5 prosecutorial authority of the state attorney pursuant to s.
6 27.02(1), the board of county commissioners of each county and
7 the governing board of each charter county may designate as
8 the county's prosecuting attorney an attorney employed by the
9 county or a contract attorney. Subject to the control and
10 oversight of the appointing authority, such attorney may
11 employ assistants as necessary. Such person shall have all
12 powers exercisable by the state attorney in the prosecution of
13 violations of county ordinances under this section as of June
14 30, 2004. Such person shall be subject to suspension and
15 removal by the Governor and Senate from the exercise of
16 prosecutorial powers in the same manner as state attorneys.
17 (2)(3) Each county is authorized and required to pay
18 any attorney appointed by the court to represent a defendant
19 prosecuted under this section if the provision of an attorney
20 at public expense is required by the Constitution of the
21 United States or the Constitution of the State of Florida and
22 if the party is indigent as established pursuant to s. 27.52.
23 In such cases, the court shall appoint counsel to represent
24 the defendant in accordance with s. 27.40, and shall order the
25 county to pay the reasonable fees, expenses, and costs of such
26 defense. The county may contract with the public defender of
27 the judicial circuit in which the county is located to provide
28 representation under this subsection.
29 (3)(4) The county shall bear all court fees and costs
30 of any prosecution under this section, and may, if it
31 prevails, recover the court fees and costs paid by it and the
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1 fees and expenses paid to court-appointed counsel as part of
2 its judgment. The state shall bear no expense of actions
3 brought under this section except those that it would bear in
4 an ordinary civil action between private parties in county
5 court.
6 (4)(5) The board of county commissioners of each
7 county may designate its agents or employees as code
8 inspectors whose duty it is to assure code compliance. Any
9 person designated as a code inspector may issue citations for
10 violations of county codes and ordinances, respectively, or
11 subsequent amendments thereto, when such code inspector has
12 actual knowledge that a violation has been committed.
13 (a) Prior to issuing a citation, a code inspector
14 shall provide notice to the violator that the violator has
15 committed a violation of a code or ordinance and shall
16 establish a reasonable time period within which the violator
17 must correct the violation. Such time period shall be no more
18 than 30 days. If, upon personal investigation, a code
19 inspector finds that the violator has not corrected the
20 violation within the time period, a code inspector may issue a
21 citation to the violator. A code inspector does not have to
22 provide the violator with a reasonable time period to correct
23 the violation prior to issuing a citation and may immediately
24 issue a citation if the code inspector has reason to believe
25 that the violation presents a serious threat to the public
26 health, safety, or welfare, or if the violation is irreparable
27 or irreversible.
28 (b) A citation issued by a code inspector shall state
29 the date and time of issuance, name and address of the person
30 in violation, date of the violation, section of the codes or
31 ordinances, or subsequent amendments thereto, violated, name
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1 of the code inspector, and date and time when the violator
2 shall appear in county court.
3 (c) If a repeat violation is found subsequent to the
4 issuance of a citation, the code inspector is not required to
5 give the violator a reasonable time to correct the violation
6 and may immediately issue a citation. For purposes of this
7 subsection, the term "repeat violation" means a violation of a
8 provision of a code or ordinance by a person who has
9 previously been found to have violated the same provision
10 within 5 years prior to the violation, notwithstanding the
11 violations occurred at different locations.
12 (d) If the owner of property which is subject to an
13 enforcement proceeding before county court transfers ownership
14 of such property between the time the initial citation or
15 citations are issued and the date the violator has been
16 summoned to appear in county court, such owner shall:
17 1. Disclose, in writing, the existence and the nature
18 of the proceeding to the prospective transferee.
19 2. Deliver to the prospective transferee a copy of the
20 pleadings, notices, and other materials relating to the county
21 court proceeding received by the transferor.
22 3. Disclose, in writing, to the prospective transferee
23 that the new owner will be responsible for compliance with the
24 applicable code and with orders issued in the county court
25 proceeding.
26 4. File a notice with the code enforcement official of
27 the transfer of the property, with the identity and address of
28 the new owner and copies of the disclosures made to the new
29 owner, within 5 days after the date of the transfer.
30
31
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1 A failure to make the disclosure described in subparagraphs
2 1., 2., and 3. before the transfer creates a rebuttable
3 presumption of fraud. If the property is transferred before
4 the date the violator has been summoned to appear in county
5 court, the proceeding shall not be dismissed but the new owner
6 will be substituted as the party of record and thereafter
7 provided a reasonable period of time to correct the violation
8 before the continuation of proceedings in county court.
9 (e) If the code inspector has reason to believe a
10 violation or the condition causing the violation presents a
11 serious threat to the public health, safety, and welfare or if
12 the violation is irreparable or irreversible in nature, or if
13 after attempts under this section to bring a repeat violation
14 into compliance with a provision of a code or ordinance prove
15 unsuccessful, the local governing body may make all reasonable
16 repairs which are required to bring the property into
17 compliance and charge the owner with the reasonable cost of
18 the repairs along with the fine imposed pursuant to this
19 section. Making such repairs does not create a continuing
20 obligation on the part of the local governing body to make
21 further repairs or to maintain the property and does not
22 create any liability against the local governing body for any
23 damages to the property if such repairs were completed in good
24 faith.
25 (f) Nothing in this subsection shall be construed to
26 authorize any person designated as a code inspector to perform
27 any function or duties of a law enforcement officer other than
28 as specified in this subsection. A code inspector shall not
29 make physical arrests or take any person into custody and
30 shall be exempt from requirements relating to the Special Risk
31 Class of the Florida Retirement System, bonding, and the
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1 Criminal Justice Standards and Training Commission, as defined
2 and provided by general law.
3 (g) The provisions of this subsection shall not apply
4 to the enforcement pursuant to ss. 553.79 and 553.80 of the
5 Florida Building Code adopted pursuant to s. 553.73 as applied
6 to construction, provided that a building permit is either not
7 required or has been issued by the county.
8 (h) The provisions of this subsection may be used by a
9 county in lieu of the provisions of part II of chapter 162.
10 (i) The provisions of this subsection are additional
11 or supplemental means of enforcing county codes and
12 ordinances. Except as provided in paragraph (h), nothing in
13 this subsection shall prohibit a county from enforcing its
14 codes or ordinances by any other means.
15 Section 37. Subsection (3) of section 129.02, Florida
16 Statutes, is amended to read:
17 129.02 Requisites of budgets.--Each budget shall
18 conform to the following specific directions and requirements:
19 (3) The fine and forfeiture fund budget shall contain
20 an estimate of receipts by source and balances as provided
21 herein, and an itemized estimate of expenditures that need to
22 be incurred to carry on all criminal prosecution as provided
23 in s. 142.01, and all other law enforcement functions and
24 activities of the county now or hereafter authorized by law,
25 and of indebtedness of the fine and forfeiture fund; also of
26 the reserve for contingencies and the balance, as hereinbefore
27 provided, which should be carried forward at the end of the
28 year.
29 Section 38. Section 142.01, Florida Statutes, as
30 amended by section 81 of chapter 2003-402, Laws of Florida, is
31 amended to read:
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1 142.01 Fine and forfeiture fund.--There shall be
2 established by the clerk of the circuit court in each county
3 of this state a separate fund to be known as the fine and
4 forfeiture fund for use by the clerk of the circuit court in
5 performing court-related functions. The fund shall consist of
6 all fines and forfeitures collected by the clerk of the court
7 for violations of the penal or traffic laws of the state,
8 including criminal traffic violations, except those fines
9 imposed under s. 775.0835(1); allocations of court costs and
10 civil penalties pursuant to s. ss. 318.18 not otherwise
11 provided for in s. 318.18(11)(a) and s. 318.21; assessments
12 imposed under ss. 938.21, 938.23, and 938.25; and all costs
13 refunded to the county.
14 Section 39. Subsection (3) of section 166.0415,
15 Florida Statutes, is amended to read:
16 166.0415 Enforcement by code inspectors; citations.--
17 (3) A citation issued by a code inspector shall state
18 the date and time of issuance; name and address of the person
19 in violation; date of the violation; section of the codes or
20 ordinances, or subsequent amendments thereto, violated; name
21 of the code inspector; and date and time when the violator
22 shall appear in county court if the municipality has a
23 contract or other agreement with a state attorney for
24 representation.
25 Section 40. Subsection (3) is added to section
26 218.245, Florida Statutes, to read:
27 218.245 Revenue sharing; apportionment.--
28 (3) Revenues attributed to the increase in
29 distribution to the Revenue Sharing Trust Fund for
30 Municipalities pursuant to s. 212.20(6)(d)6. from 1.0715 to
31 1.3409 percent as provided in chapter 2003-402, Laws of
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1 Florida, shall be distributed as follows: each eligible
2 municipality's allocation will be based on the amount it
3 received from the half-cent sales tax under s. 218.61 in the
4 prior state fiscal year divided by the total receipts under s.
5 218.61 in the prior state fiscal year for all eligible
6 municipalities. For eligible municipalities that began
7 participating in the allocation of half-cent sales tax under
8 s. 218.61 in the previous state fiscal year, their annual
9 receipts will be calculated by dividing their actual receipts
10 by the number of months they participated, and the result
11 multiplied by 12.
12 Section 41. Subsection (10) of section 318.14, Florida
13 Statutes, is amended to read:
14 318.14 Noncriminal traffic infractions; exception;
15 procedures.--
16 (10)(a) Any person cited for an offense listed under
17 this subsection may, in lieu of payment of fine or court
18 appearance, elect to enter a plea of nolo contendere and
19 provide proof of compliance to the clerk of the court or
20 authorized operator of a traffic violations bureau. In such
21 case, adjudication shall be withheld; however, no election
22 shall be made under this subsection if such person has made an
23 election under this subsection in the 12 months preceding
24 election hereunder. No person may make more than three
25 elections under this subsection. This subsection applies to
26 the following offenses:
27 1. Operating a motor vehicle without a valid driver's
28 license in violation of the provisions of s. 322.03, s.
29 322.065, or s. 322.15(1), or operating a motor vehicle with a
30 license that which has been suspended for failure to appear,
31
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1 failure to pay civil penalty, or failure to attend a driver
2 improvement course pursuant to s. 322.291.
3 2. Operating a motor vehicle without a valid
4 registration in violation of s. 320.0605, s. 320.07, or s.
5 320.131.
6 3. Operating a motor vehicle in violation of s.
7 316.646.
8 (b) Any person cited for an offense listed in this
9 subsection shall present proof of compliance prior to the
10 scheduled court appearance date. For the purposes of this
11 subsection, proof of compliance shall consist of a valid,
12 renewed, or reinstated driver's license or registration
13 certificate and proper proof of maintenance of security as
14 required by s. 316.646. Notwithstanding waiver of fine, any
15 person establishing proof of compliance shall be assessed
16 court costs of $22, except that a person charged with
17 violation of s. 316.646(1)-(3) may be assessed court costs of
18 $7. One dollar of such costs shall be remitted to the
19 Department of Revenue for deposit into the Child Welfare
20 Training Trust Fund of the Department of Children and Family
21 Services. One dollar of such costs shall be distributed to the
22 Department of Juvenile Justice for deposit into the Juvenile
23 Justice Training Trust Fund. Twelve dollars of such costs
24 shall be distributed to the municipality and $8 shall be
25 deposited by the clerk into the fine and forfeiture fund
26 established pursuant to s. 142.01 retained by the county, if
27 the offense was committed within the municipality. If the
28 offense was committed in an unincorporated area of a county or
29 if the citation was for a violation of s. 316.646(1)-(3), the
30 county shall retain the entire amount shall be deposited by
31 the clerk into the fine and forfeiture fund established
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1 pursuant to s. 142.01, except for the moneys to be deposited
2 into the Child Welfare Training Trust Fund and the Juvenile
3 Justice Training Trust Fund. This subsection shall not be
4 construed to authorize the operation of a vehicle without a
5 valid driver's license, without a valid vehicle tag and
6 registration, or without the maintenance of required security.
7 Section 42. Subsection (2) of section 318.15, Florida
8 Statutes, as amended by section 98 of chapter 2003-402, Laws
9 of Florida, is amended to read:
10 318.15 Failure to comply with civil penalty or to
11 appear; penalty.--
12 (2) After suspension of the driver's license and
13 privilege to drive of a person under subsection (1), the
14 license and privilege may not be reinstated until the person
15 complies with all obligations and penalties imposed on him or
16 her under s. 318.18 and presents to a driver license office a
17 certificate of compliance issued by the court, together with a
18 nonrefundable service charge fee of up to $47.50 $37.50
19 imposed under s. 322.29, or presents the certificate of
20 compliance and pays the aforementioned service charge fee of
21 up to $47.50 $37.50 to the clerk of the court or tax collector
22 clearing such suspension. Ten dollars of the fee collected by
23 the clerk of the court or tax collector shall be remitted to
24 the Department of Revenue to be deposited into the Highway
25 Safety Operating Trust Fund. Such person must shall also be in
26 compliance with requirements of chapter 322 prior to
27 reinstatement.
28 Section 43. Subsections (8) and (11) of section
29 318.18, Florida Statutes, as amended by section 99 of chapter
30 2003-402, Laws of Florida, are amended, and subsection (13) is
31 added to that section, to read:
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1 318.18 Amount of civil penalties.--The penalties
2 required for a noncriminal disposition pursuant to s. 318.14
3 are as follows:
4 (8)(a) Any person who fails to comply with the court's
5 requirements or who fails to pay the civil penalties specified
6 in this section within the 30-day period provided for in s.
7 318.14 must pay an additional civil penalty of up to $18 $12,
8 $2.50 of which must be remitted to the Department of Revenue
9 for deposit in the General Revenue Fund, and $9.50 of which
10 must be remitted to the Department of Revenue for deposit in
11 the Highway Safety Operating Trust Fund. The department shall
12 contract with the Florida Association of Court Clerks, Inc.,
13 to design, establish, operate, upgrade, and maintain an
14 automated statewide Uniform Traffic Citation Accounting System
15 to be operated by the clerks of the court which shall include,
16 but not be limited to, the accounting for traffic infractions
17 by type, a record of the disposition of the citations, and an
18 accounting system for the fines assessed and the subsequent
19 fine amounts paid to the clerks of the court. On or before
20 December 1, 2001, the clerks of the court must provide the
21 information required by this chapter to be transmitted to the
22 department by electronic transmission pursuant to the
23 contract.
24 (b) Any person who fails to comply with the court's
25 requirements as to civil penalties specified in this section
26 due to demonstrable financial hardship shall be authorized to
27 satisfy such civil penalties by public works or community
28 service. Each hour of such service shall be applied, at the
29 rate of the minimum wage, toward payment of the person's civil
30 penalties; provided, however, that if the person has a trade
31 or profession for which there is a community service need and
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1 application, the rate for each hour of such service shall be
2 the average standard wage for such trade or profession. Any
3 person who fails to comply with the court's requirements as to
4 such civil penalties who does not demonstrate financial
5 hardship may also, at the discretion of the court, be
6 authorized to satisfy such civil penalties by public works or
7 community service in the same manner.
8 (c) If the noncriminal infraction has caused or
9 resulted in the death of another, the person who committed the
10 infraction may perform 120 community service hours under s.
11 316.027(4), in addition to any other penalties.
12 (11)(a) Court costs that are to be in addition to the
13 stated fine must be paid in an amount not less than the
14 following and shall be deposited by the clerk into the fine
15 and forfeiture fund established pursuant to s. 142.01:
16
17 For pedestrian infractions................................$ 3.
18 For nonmoving traffic infractions........................$ 16.
19 For moving traffic infractions...........................$ 30.
20 (b) Of the funds collected under paragraph (a), $3 for
21 each infraction shall be distributed by the clerk to the
22 county to help pay for local or regional criminal justice
23 selection centers or criminal justice access and assessment
24 centers or to help pay for criminal justice education and
25 training programs pursuant to s. 938.15. Funds from the $3 not
26 directed by the county to fund these centers or programs shall
27 be retained by the clerk and used for funding the
28 court-related services of the clerk.
29 (c)(b) In addition to the court cost required under
30 paragraph (a), a $3 court cost must be paid for each
31 infraction to be distributed as provided in s. 938.01 and a $2
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1 court cost as provided in s. 938.15 when assessed by a
2 municipality or county.
3 (13) Notwithstanding any law to the contrary, a board
4 of county commissioners that imposed by ordinance increased
5 fees or service charges under s. 28.2401, s. 28.241, or s.
6 34.041 for the purpose of securing payment of the principal of
7 and interest on bonds issued by the county before July 1,
8 2003, to finance state court facilities may impose by
9 ordinance a surcharge of up to $10 on any fine or forfeiture
10 collected by the county for the violation of a traffic
11 ordinance. Revenue from the surcharge shall be used to pay the
12 principal of and interest on the bonds until the date of
13 stated maturity. The bonds may be refunded only if:
14 1. Savings will be realized on payments of debt
15 service; and
16 2. The refunding bonds are scheduled to mature on the
17 same date or before the bonds being refunded.
18 Section 44. Subsections (3) and (11) of section
19 318.21, Florida Statutes, as amended by section 100 of chapter
20 2003-402, Laws of Florida, are amended to read:
21 318.21 Disposition of civil penalties by county
22 courts.--All civil penalties received by a county court
23 pursuant to the provisions of this chapter shall be
24 distributed and paid monthly as follows:
25 (3)(a) Moneys paid to a municipality or special
26 improvement district under subparagraph (2)(g)1. must be used
27 to fund local criminal justice training as provided in s.
28 938.15 when such a program is established by ordinance; to
29 fund a municipal school crossing guard training program; and
30 for any other lawful purpose.
31
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1 (b) Moneys paid to a county under subparagraph
2 (2)(g)2. shall be used to fund local criminal justice training
3 as provided in s. 938.15 when such a program is established by
4 ordinance, to fund a county school crossing guard training
5 program, and for any other lawful purpose.
6 (11)(a) A county or municipality may, by majority vote
7 of its the governing board of the respective county or
8 municipality, impose a surcharge on parking fines for the sole
9 purpose of funding school crossing guard programs; however,
10 the governing body may set aside funds from this surcharge to
11 pay for startup costs and recurring administrative costs
12 related to printing new tickets or other means of implementing
13 the program. The surcharge must be authorized by ordinance
14 requiring public hearings.
15 (b) The proceeds of this surcharge must be placed in a
16 trust fund established by the governing body of the county or
17 municipality called the School Crossing Guard Trust Fund.
18 Funds collected from this surcharge must be distributed
19 quarterly to fund the school crossing guard programs provided
20 in subsection (3).
21 (c) If a county government is operating a school
22 crossing guard program in the exercise of its municipal
23 responsibilities, the county may, by majority vote of its
24 governing board, impose a countywide surcharge on parking
25 fines for the sole purpose of funding municipal school
26 crossing guard programs throughout the county; however, the
27 governing body may set aside funds from this surcharge to pay
28 for startup costs and recurring administrative costs related
29 to printing new tickets or other means of implementing the
30 program. The surcharge must be authorized by an ordinance
31 requiring public hearings. This surcharge, established by the
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1 governing body of the county, must be placed in a trust fund
2 called the School Crossing Guard Trust Fund. Funds collected
3 from this surcharge must be distributed quarterly to
4 jurisdictions to fund school crossing guard programs based on
5 each jurisdiction's percentage of the school crossing guards
6 in the county school district.
7 Section 45. 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 the said officer to the sheriff of
10 the county, or he or she shall obtain from such person
11 arrested a recognizance or, if deemed necessary, a cash bond
12 or other sufficient security conditioned for his or her
13 appearance before the proper tribunal of such county to answer
14 the charge for which he or she has been arrested; and all fees
15 accruing shall be taxed against the party arrested, which fees
16 are hereby declared to be part of the compensation of such
17 said sheriffs authorized to be fixed by the Legislature under
18 s. 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 46. Subsections (4) and (11) of section
11 327.73, Florida Statutes, as amended by section 103 of chapter
12 2003-402, Laws of Florida, are amended to read:
13 327.73 Noncriminal infractions.--
14 (4) Any person charged with a noncriminal infraction
15 under this section may:
16 (a) Pay the civil penalty, either by mail or in
17 person, within 30 days of the date of receiving the citation;
18 or,
19 (b) If he or she has posted bond, forfeit bond by not
20 appearing at the designated time and location.
21
22 If the person cited follows either of the above procedures, he
23 or she shall be deemed to have admitted the noncriminal
24 infraction and to have waived the right to a hearing on the
25 issue of commission of the infraction. Such admission shall
26 not be used as evidence in any other proceedings. If a person
27 who is cited for a violation of s. 327.395 can show a boating
28 safety identification card issued to that person and valid at
29 the time of the citation, the clerk of the court may dismiss
30 the case and may assess a $5 dismissal fee of up to $7.50. If
31 a person who is cited for a violation of s. 328.72(13) can
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1 show proof of having a registration for that vessel which was
2 valid at the time of the citation, the clerk may dismiss the
3 case and may assess a $5 dismissal fee of up to $7.50.
4 (11)(a) Court costs that are to be in addition to the
5 stated civil penalty shall be imposed by the court in an
6 amount not less than the following:
7 1. For swimming or diving infractions, up to $4.50 $3.
8 2. For nonmoving boating infractions, up to $9 $6.
9 3. For boating infractions listed in s. 327.731(1), up
10 to $15 $10.
11 (b) In addition to the court cost required assessed
12 under paragraph (a), the court shall impose a $3 court cost
13 must be paid for each noncriminal infraction, to be
14 distributed as provided in s. 938.01, and a $2 court cost as
15 provided in s. 938.15 when assessed by a municipality or
16 county.
17
18 Court costs imposed under this subsection may not exceed $45
19 $30. A criminal justice selection center or both local
20 criminal justice access and assessment centers may be funded
21 from these court costs.
22 Section 47. Subsection (1) of section 372.72, Florida
23 Statutes, is amended to read:
24 372.72 Disposition of fines, penalties, and
25 forfeitures.--
26 (1) All moneys collected from fines, penalties, or
27 forfeitures of bail of persons convicted under this chapter
28 shall be deposited in the fine and forfeiture fund established
29 pursuant to s. 142.01 of the county where such convictions are
30 had, except for the disposition of moneys as provided in
31 subsection (2).
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1 Section 48. Section 382.023, Florida Statutes, as
2 amended by section 104 of chapter 2003-402, Laws of Florida,
3 is amended to read:
4 382.023 Department to receive dissolution-of-marriage
5 records; fees.--Clerks of the circuit courts shall collect for
6 their services at the time of the filing of a final judgment
7 of dissolution of marriage a fee of up to $10.50, of which 43
8 percent shall be retained by the clerk of the circuit court as
9 a part of the cost in the cause in which the judgment is
10 granted. The remaining 57 percent shall be remitted to the
11 Department of Revenue for deposit to the Department of Health
12 to defray part of the cost of maintaining the
13 dissolution-of-marriage records. A record of each and every
14 judgment of dissolution of marriage granted by the court
15 during the preceding calendar month, giving names of parties
16 and such other data as required by forms prescribed by the
17 department, shall be transmitted to the department, on or
18 before the 10th day of each month, along with an accounting of
19 the funds remitted to the Department of Revenue pursuant to
20 this section.
21 Section 49. Subsection (2) of section 384.288, Florida
22 Statutes, is amended to read:
23 384.288 Fees and other compensation; payment by board
24 of county commissioners.--
25 (2) All court-related fees, mileage, and charges shall
26 be taxed by the court as costs in each proceeding and shall be
27 paid by the board of county commissioners out of the general
28 fund or fine and forfeiture fund of the county.
29 Section 50. Subsection (2) of section 392.68, Florida
30 Statutes, is amended to read:
31 392.68 Fees and other compensation.--
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1 (2) All fees, mileage, and charges shall be taxed by
2 the court as costs in each proceeding and shall be paid by the
3 board of county commissioners out of the general funds or the
4 fine and forfeiture funds of the county.
5 Section 51. Section 394.473, Florida Statutes, as
6 amended by section 107 of chapter 2003-402, Laws of Florida,
7 is amended to read:
8 394.473 Attorney's fee; expert witness fee.--
9 (1) In case of the indigence of any person for whom an
10 attorney is appointed pursuant to the provisions of this part,
11 the attorney shall be entitled to a reasonable fee to be
12 determined by the court and paid pursuant to chapter 29 from
13 the general fund of the county from which the patient was
14 involuntarily detained. In case of the indigence of any such
15 person, the court may appoint a public defender. The public
16 defender shall receive no additional compensation other than
17 that usually paid his or her office.
18 (2) In case of the indigence of any person for whom
19 expert testimony is required in a court hearing pursuant to
20 the provisions of this act, the expert, except one who is
21 classified as a full-time employee of the state or who is
22 receiving remuneration from the state for his or her time in
23 attendance at the hearing, shall be entitled to a reasonable
24 fee to be determined by the court and paid pursuant to chapter
25 29 from the general fund of the county from which the patient
26 was involuntarily detained.
27 Section 52. Subsection (1) of section 395.3025,
28 Florida Statutes, as amended by section 108 of chapter
29 2003-402, Laws of Florida, is amended to read:
30 395.3025 Patient and personnel records; copies;
31 examination.--
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1 (1) Any licensed facility shall, upon written request,
2 and only after discharge of the patient, furnish, in a timely
3 manner, without delays for legal review, to any person
4 admitted therein for care and treatment or treated thereat, or
5 to any such person's guardian, curator, or personal
6 representative, or in the absence of one of those persons, to
7 the next of kin of a decedent or the parent of a minor, or to
8 anyone designated by such person in writing, a true and
9 correct copy of all patient records, including X rays, and
10 insurance information concerning such person, which records
11 are in the possession of the licensed facility, provided the
12 person requesting such records agrees to pay a charge. The
13 exclusive charge for copies of patient records may include
14 sales tax and actual postage, and, except for nonpaper records
15 that which are subject to a charge not to exceed $2 as
16 provided in s. 28.24(6)(c), may not exceed $1 per page, as
17 provided in s. 28.24(5)(a). A fee of up to $1 may be charged
18 for each year of records requested. These charges shall apply
19 to all records furnished, whether directly from the facility
20 or from a copy service providing these services on behalf of
21 the facility. However, a patient whose records are copied or
22 searched for the purpose of continuing to receive medical care
23 is not required to pay a charge for copying or for the search.
24 The licensed facility shall further allow any such person to
25 examine the original records in its possession, or microforms
26 or other suitable reproductions of the records, upon such
27 reasonable terms as shall be imposed to assure that the
28 records will not be damaged, destroyed, or altered.
29 Section 53. Subsection (4) of section 588.20, Florida
30 Statutes, is amended to read:
31 588.20 Report of sale and disposition of proceeds.--
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1 (4) If the amount realized from the sale or other
2 disposition of the animal is insufficient to pay all fees,
3 costs and expenses as provided in ss. 588.12-588.25, the
4 deficit shall be paid by the county from its fine and
5 forfeiture fund.
6 Section 54. Subsection (1) of section 713.24, Florida
7 Statutes, as amended by section 111 of chapter 2003-402, Laws
8 of Florida, is amended to read:
9 713.24 Transfer of liens to security.--
10 (1) Any lien claimed under this part may be
11 transferred, by any person having an interest in the real
12 property upon which the lien is imposed or the contract under
13 which the lien is claimed, from such real property to other
14 security by either:
15 (a) Depositing in the clerk's office a sum of money,
16 or
17 (b) Filing in the clerk's office a bond executed as
18 surety by a surety insurer licensed to do business in this
19 state,
20
21 either to be in an amount equal to the amount demanded in such
22 claim of lien, plus interest thereon at the legal rate for 3
23 years, plus $1,000 or 25 percent of the amount demanded in the
24 claim of lien, whichever is greater, to apply on any
25 attorney's fees and court costs that may be taxed in any
26 proceeding to enforce said lien. Such deposit or bond shall be
27 conditioned to pay any judgment or decree which may be
28 rendered for the satisfaction of the lien for which such claim
29 of lien was recorded. Upon making such deposit or filing such
30 bond, the clerk shall make and record a certificate showing
31 the transfer of the lien from the real property to the
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1 security and shall mail a copy thereof by registered or
2 certified mail to the lienor named in the claim of lien so
3 transferred, at the address stated therein. Upon filing the
4 certificate of transfer, the real property shall thereupon be
5 released from the lien claimed, and such lien shall be
6 transferred to said security. In the absence of allegations of
7 privity between the lienor and the owner, and subject to any
8 order of the court increasing the amount required for the lien
9 transfer deposit or bond, no other judgment or decree to pay
10 money may be entered by the court against the owner. The clerk
11 shall be entitled to a service charge fee for making and
12 serving the certificate, in the sum of $10. If the
13 transaction involves the transfer of multiple liens, an
14 additional charge of $5 for each additional lien shall be
15 charged. For recording the certificate and approving the
16 bond, the clerk shall receive her or his usual statutory
17 service charges as prescribed in s. 28.24. Any number of liens
18 may be transferred to one such security.
19 Section 55. Section 721.83, Florida Statutes, as
20 amended by section 112 of chapter 2003-402, Laws of Florida,
21 is amended to read:
22 721.83 Consolidation of foreclosure actions.--
23 (1) A complaint in a foreclosure proceeding involving
24 timeshare estates may join in the same action multiple
25 defendant obligors and junior interestholders of separate
26 timeshare estates, provided:
27 (a) The foreclosure proceeding involves a single
28 timeshare property;
29 (b) The foreclosure proceeding is filed by a single
30 plaintiff;
31
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1 (c) The default and remedy provisions in the written
2 instruments on which the foreclosure proceeding is based are
3 substantially the same for each defendant; and
4 (d) The nature of the defaults alleged is the same for
5 each defendant.
6 (2) In any foreclosure proceeding involving multiple
7 defendants filed under subsection (1), the court shall sever
8 for separate trial any count of the complaint in which a
9 defense or counterclaim is timely raised by a defendant.
10 (3) The clerk of court shall require a plaintiff to
11 pay separate filing fees and service charges as provided by
12 general law for each single timeshare property defendant in a
13 consolidated foreclosure action filed pursuant to this
14 section.
15 Section 56. Subsection (2) of section 766.104, Florida
16 Statutes, is amended to read:
17 766.104 Pleading in medical negligence cases; claim
18 for punitive damages; authorization for release of records for
19 investigation.--
20 (2) Upon petition to the clerk of the court where the
21 suit will be filed and payment to the clerk of a filing fee,
22 not to exceed $37.50 $25, established by the chief judge, an
23 automatic 90-day extension of the statute of limitations shall
24 be granted to allow the reasonable investigation required by
25 subsection (1). This period shall be in addition to other
26 tolling periods. No court order is required for the extension
27 to be effective. The provisions of this subsection shall not
28 be deemed to revive a cause of action on which the statute of
29 limitations has run.
30 Section 57. Section 849.19, Florida Statutes, is
31 amended to read:
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1 849.19 Property rights in confiscated machine.--The
2 right of property in and to any machine, apparatus or device
3 as defined in s. 849.16 and to all money and other things of
4 value therein, is declared not to exist in any person, and the
5 same shall be forfeited and such money or other things of
6 value shall be forfeited to the county in which the seizure
7 was made and shall be delivered forthwith to the clerk of the
8 circuit court and shall by her or him be placed in the fine
9 and forfeiture fund established pursuant to s. 142.01 of said
10 county.
11 Section 58. Section 849.22, Florida Statutes, is
12 amended to read:
13 849.22 Fees of clerk of circuit court and
14 sheriff.--The clerks of the courts and the sheriffs performing
15 duties under the provisions of ss. 849.15-849.23 shall receive
16 the same fees as prescribed by general law for the performance
17 of similar duties, and such fees shall be paid by out of the
18 fine and forfeiture fund of the county as costs are paid upon
19 conviction of an insolvent person.
20 Section 59. Section 849.44, Florida Statutes, is
21 amended to read:
22 849.44 Disposition of proceeds of forfeiture.--All
23 sums received from a sale or other disposition of the seized
24 property shall be paid into the county fine and forfeiture
25 fund established pursuant to s. 142.01 and shall become a part
26 thereof; provided, however, that in instances where the
27 seizure is by a municipal police officer within the limits of
28 any municipality having an ordinance requiring such vehicles,
29 vessels or conveyances to be forfeited, the city attorney
30 shall act in behalf of the city in lieu of the state attorney
31 and shall proceed to forfeit the property as herein provided,
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1 and all sums received therefrom shall go into the general
2 operating fund of the city.
3 Section 60. Subsection (3) of section 903.26, Florida
4 Statutes, is amended to read:
5 903.26 Forfeiture of the bond; when and how directed;
6 discharge; how and when made; effect of payment.--
7 (3) Sixty days after the forfeiture notice has been
8 mailed:
9 (a) State and county officials having custody of
10 forfeited money shall deposit the money in the county fine and
11 forfeiture fund established pursuant to s. 142.01;
12 (b) Municipal officials having custody of forfeited
13 money shall deposit the money in a designated municipal fund;
14 (c) Officials having custody of bonds as authorized by
15 s. 903.16 shall transmit the bonds to the clerk of the circuit
16 court who shall sell them at market value and disburse the
17 proceeds as provided in paragraphs (a) and (b).
18 Section 61. Section 925.09, Florida Statutes, is
19 amended to read:
20 925.09 Authority of state attorney to order
21 autopsies.--The state attorney may have an autopsy performed,
22 before or after interment, on a dead body found in the county
23 when she or he decides it is necessary in determining whether
24 or not death was the result of a crime. Physicians performing
25 the autopsy shall be paid reasonable fees by from the county
26 fine and forfeiture fund upon the approval of the county
27 commission and the state attorney ordering the autopsy.
28 Section 62. Section 938.17, Florida Statutes, is
29 amended to read:
30 938.17 County delinquency prevention.--
31
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1 (1) JUVENILE ASSESSMENT CENTERS AND SCHOOL BOARD
2 SUSPENSION PROGRAMS.--
3 (a)(1) A county may adopt a mandatory cost to be
4 assessed in specific cases by incorporating by reference the
5 provisions of this subsection section in a county ordinance.
6 Prior to the adoption of the county ordinance, the sheriff's
7 office of the county must be a partner in a written agreement
8 with the Department of Juvenile Justice to participate in a
9 juvenile assessment center or with the district school board
10 to participate in a suspension program.
11 (b)(2) In counties in which the sheriff's office is a
12 partner in a juvenile assessment center under pursuant to s.
13 985.209, or a partner in a suspension program developed in
14 conjunction with the district school board in the county of
15 the sheriff's jurisdiction, the court shall assess court costs
16 of $3 per case, in addition to any other authorized cost or
17 fine, on every person who, with respect to a charge,
18 indictment, prosecution commenced, or petition of delinquency
19 filed in that county or circuit, pleads guilty, nolo
20 contendere to, or is convicted of, or adjudicated delinquent
21 for, or has an adjudication withheld for, a felony or
22 misdemeanor, or a criminal traffic offense or handicapped
23 parking violation under state law, or a violation of any
24 municipal or county ordinance, if the violation constitutes a
25 misdemeanor under state law.
26 (c)1.(3)(a) The clerks of the county and circuit
27 court, in a county where the sheriff's office is a partner in
28 an assessment center or suspension program as specified in
29 paragraph (a) subsection (1), shall collect and deposit the
30 assessments collected under pursuant to this subsection
31 section in an appropriate, designated account established by
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1 the clerk of the court, for disbursement to the sheriff as
2 needed for the implementation and operation of an assessment
3 center or suspension program.
4 2.(b) The clerk of the circuit and county court shall
5 withhold 5 percent of the assessments each court collects
6 under pursuant to this subsection section, for the costs of
7 administering the collection of assessments under this
8 section.
9 3.(c) Assessments collected by clerks of the circuit
10 courts comprised of more than one county shall remit the funds
11 collected under pursuant to this subsection section to the
12 county in which the offense at issue was committed for deposit
13 and disbursement according to this subsection section.
14 4.(d) Any other funds the sheriff's office obtains for
15 the implementation or operation of an assessment center or
16 suspension program may be deposited into the designated
17 account for disbursement to the sheriff as needed.
18 (d)(4) A sheriff's office that receives the cost
19 assessments established in paragraph (a) subsection (1) shall
20 account for all funds that have been deposited into the
21 designated account by August 1 annually in a written report to
22 the juvenile justice county council if funds are used for
23 assessment centers, and to the district school board if funds
24 are used for suspension programs.
25 (2) TEEN COURTS; OPERATION AND ADMINISTRATION.--
26 (a) Notwithstanding s. 318.121, in each county in
27 which a teen court has been created, the board of county
28 commissioners may adopt a mandatory cost to be assessed in
29 specific cases by incorporating by reference the provisions of
30 this subsection in a county ordinance. Assessments collected
31 by the clerk of the circuit court under this subsection shall
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1 be deposited into an account specifically for the operation
2 and administration of the teen court.
3 (b) A sum of $3 shall be assessed as a court cost in
4 the circuit and county court in the county against each person
5 who pleads guilty or nolo contendere to, or is convicted of,
6 regardless of adjudication, a violation of a criminal law or a
7 municipal ordinance or county ordinance or who pays a fine or
8 civil penalty for any violation of chapter 316. Any person
9 whose adjudication is withheld under s. 318.14(9) or (10)
10 shall also be assessed the cost.
11 (c) The $3 assessment for court costs shall be
12 assessed in addition to any fine or civil penalty or other
13 court cost and may not be deducted from the proceeds of that
14 portion of any fine or civil penalty which is received by a
15 municipality in the county or by the county in accordance with
16 ss. 316.660 and 318.21. The $3 assessment shall be
17 specifically added to any civil penalty paid for a violation
18 of chapter 316, regardless of whether the penalty is paid by
19 mail, paid in person without request for a hearing, or paid
20 after hearing and determination by the court. However, the $3
21 assessment may not be made against a person for a violation of
22 any state law, county ordinance, or municipal ordinance
23 relating to the parking of vehicles, with the exception of a
24 violation of the handicapped parking laws.
25 (d)1. The clerk of the circuit court shall collect the
26 $3 assessments for court costs established in this subsection
27 and shall remit the assessments to the teen court monthly.
28 2. The clerk of the circuit court shall withhold 5
29 percent of the assessments collected, which shall be retained
30 as fee income of the office of the clerk of the circuit court.
31
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1 (e) A teen court that receives the cost assessments
2 established by the adopted county ordinance must account for
3 all funds that have been deposited into the designated account
4 in a written report to the board of county commissioners. The
5 report must be given to the commissioners by August 1 of each
6 year or by a date required by the commissioners.
7 (f) A teen court may be administered by a nonprofit
8 organization, a law enforcement agency, the court
9 administrator, the clerk of the court, or another similar
10 agency authorized by the board of county commissioners.
11 Section 63. Subsection (4) of section 938.29, Florida
12 Statutes, is amended to read:
13 938.29 Legal assistance; lien for payment of
14 attorney's fees or costs.--
15 (4) The clerk of the circuit court of the county
16 claiming such debt or lien may pursue collection on the debt
17 or lien remaining unpaid for 90 days or more or refer such
18 collection to a private attorney who is a member in good
19 standing of The Florida Bar or a collection agent who in
20 registered and in good standing pursuant to chapter 559. In
21 pursuing the collection of such unpaid financial obligations
22 through a private attorney or collection agent, the clerk of
23 the circuit court must determine this is cost-effective and
24 follow applicable procurement practices. The cost of
25 collection, including a reasonable attorney's fee, may be
26 recovered by adding the cost and fee to the balance owed,
27 except that such fee and cost may not exceed 40 percent of the
28 balance owed. The clerk of the county claiming such lien is
29 authorized to contract with a private attorney or collection
30 agency for collection of such debts or liens, provided the fee
31 for such collection shall be on a contingent basis not to
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1 exceed 50 percent of the recovery. However, no fee shall be
2 paid to any collection agency by reason of foreclosure
3 proceedings against real property or from the proceeds from
4 the sale or other disposition of real property.
5 Section 64. Section 938.35, Florida Statutes, is
6 amended to read:
7 938.35 Collection of court-related financial
8 obligations.--The board of county commissioners may pursue the
9 collection of any fines, court costs, or other costs to which
10 it is entitled which remain unpaid for 90 days or more, or
11 refer such collection to a private attorney who is a member in
12 good standing of The Florida Bar or collection agent who is
13 registered and in good standing pursuant to chapter 559. In
14 pursuing the collection of such unpaid financial obligations
15 through a private attorney or collection agent, the board of
16 county commissioners must determine this is cost-effective and
17 follow applicable procurement practices. The cost of
18 collection, including a reasonable attorney's fee, may be
19 recovered by adding the cost and fee to the balance owed,
20 except that such fee and cost may not exceed 40 percent of the
21 balance owed.
22 Section 65. The Division of Statutory Revision of the
23 Office of Legislative Services is requested to redesignate, in
24 the next edition of the Florida Statutes, the title of chapter
25 40, Florida Statutes, from "Jurors and Payment of Jurors and
26 Witnesses" to "Juries; Payment of Jurors and Due Process
27 Costs."
28 Section 66. Billing submitted for payment of due
29 process services, including, but not limited to, court
30 reporter services, court interpreter services, expert witness
31 services, mental health evaluations, and court appointed
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1 counsel services must be paid by the counties if the services
2 were rendered before July 1, 2004. Counties must also pay for
3 the entire cost of any flat-fee-per-case payment pursuant to a
4 contract or professional services agreement with
5 court-appointed counsel for appointments made before July 1,
6 2004, regardless of whether work on the case is actually
7 concluded prior to July 1, 2004. Except for the flat-fee
8 contracts with court-appointed counsel, billings for services
9 on any case that commenced prior to July 1, 2004, but
10 continues past July 1, 2004, must be submitted with an
11 itemized listing of payment due for services rendered before
12 July 1, 2004, and on or after July 1, 2004. The county shall
13 pay the portion of the bill for services rendered before July
14 1, 2004, and provide a copy of the itemized bill to the
15 Justice Administrative Commission or the Office of State
16 Courts Administrator as appropriate for payment of the portion
17 of the bill for services provided on or after July 1, 2004.
18 Section 67. Sections 11.75 and 939.18, Florida
19 Statutes, are repealed.
20 Section 68. This act shall take effect July 1, 2004.
21
22 *****************************************
23 SENATE SUMMARY
24 Revises a variety of provisions relating to: powers and
duties of state attorneys, public defenders, and clerks
25 of court; court costs and fees; services for indigent
defendants; and budgetary and financial matters of
26 entities within the judicial system. (See bill for
details.)
27
28
29
30
31
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