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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    Florida Senate - 2004                                  SB 2962
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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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    Florida Senate - 2004                                  SB 2962
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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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    Florida Senate - 2004                                  SB 2962
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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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 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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    Florida Senate - 2004                                  SB 2962
    14-1527B-04




 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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    Florida Senate - 2004                                  SB 2962
    14-1527B-04




 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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    Florida Senate - 2004                                  SB 2962
    14-1527B-04




 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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