HB 1935

CS

CHAMBER ACTION

1	The Justice Appropriations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the state judicial system; amending s.
7	27.40, F.S., relating to circuit registries for court-
8	appointed counsel; requiring that an attorney enter into a
9	contract to be included on the registry; revising
10	requirements for private court-appointed counsel;
11	requiring the Justice Administrative Commission to approve
12	uniform procedures and forms for use in billing for
13	attorney's fees, costs, and related expenses; requiring
14	that a withdrawal order be filed with the commission;
15	revising fee payment provisions; providing that withdrawal
16	from a case creates a rebuttable presumption of
17	nonentitlement to the entire flat fee; amending s. 27.42,
18	F.S.; requiring the circuit Article V indigent services
19	committee to establish the compensation rates for court-
20	appointed counsel or in cases of indigency; requiring each
21	committee to establish a schedule of allowances for due-
22	process expenses; authorizing alternate models for
23	providing criminal and civil due-process representation;
24	amending s. 27.52, F.S., relating to the determination of
25	indigent status; providing for application to the clerk of
26	court for such a determination and appointment of a public
27	defender; providing application requirements; requiring an
28	application fee; providing for transfer and deposit of
29	such fees into the Indigent Criminal Defense Trust Fund to
30	be used for certain purposes; authorizing clerks of courts
31	to retain a portion of the fees for certain purposes;
32	prescribing duties of the clerk of court and the public
33	defender relating to an application; prescribing
34	application requirements and review criteria; providing
35	for determinations by a clerk on the basis of an
36	applicant's indigency; providing criteria; providing for
37	appointment of counsel on an interim basis; providing for
38	review by the court of a clerk's determination; providing
39	criteria; authorizing the court to determine a person
40	indigent for costs and eligible for payment of due-process
41	expenses; providing criteria and requirements for such
42	determination; requiring certain parents or legal
43	guardians to furnish legal services and costs to certain
44	persons relating to delinquency proceedings or criminal
45	prosecutions; providing for imposition of a lien for
46	certain liabilities and lien enforcement; providing for a
47	reevaluation of indigent status and referral to the state
48	attorney upon evidence of financial discrepancies or
49	fraud; providing for recovery and disposition of certain
50	amounts recovered; providing criminal penalties for the
51	provision of false information; amending s. 27.5304, F.S.;
52	authorizing the Justice Administrative Commission to pay
53	attorney's fees without court approval under certain
54	conditions; requiring the attorney to provide the
55	commission with advance notice of a court hearing on
56	payment of fees and costs; authorizing the commission to
57	participate in such hearings using certain equipment;
58	entitling private court-appointed counsel to compensation
59	upon final disposition; providing exceptions; specifying
60	intervals other than final disposition of a case at which
61	private court-appointed counsel may request payment;
62	clarifying a prohibition against allowing an attorney who
63	is not on the registry to appear; restricting the
64	reimbursement allowed for the preparation of invoices;
65	amending s. 27.54, F.S.; requiring a county or
66	municipality to pay certain costs for due-process services
67	in local ordinance violation cases; prescribing assessment
68	of fees to recover such costs; providing for determination
69	and collection of such fees; amending s. 28.24, F.S.;
70	requiring the clerk of the court to charge for certain
71	recording services and performing certain duties;
72	requiring the clerk of the court to provide without charge
73	copies to court-appointed counsel paid by the state;
74	requiring clerks of the court to participate in the
75	Comprehensive Case Information System by a certain date;
76	providing an exception to the designation of the clerk of
77	court as custodian of official records; amending s.
78	28.2402, F.S.; prohibiting a county or municipality from
79	being required to pay more than one filing fee for a
80	single filing containing multiple allegations; prohibiting
81	a filing fee for initiating certain enforcement
82	proceedings; amending s. 28.245, F.S.; requiring the
83	clerks of the court to remit collections to the Department
84	of Revenue within a specified period; amending s. 28.246,
85	F.S.; conforming a reference to the Florida Clerks of
86	Court Operations Corporation; revising provisions
87	authorizing an individual to enter into a payment plan for
88	the payment of fees, costs, or fines; requiring the clerk
89	to enter into a payment plan with certain persons;
90	providing payment plan criteria; providing for the court
91	to review the payment plan; amending s. 28.345, F.S.;
92	exempting certain court staff and court-appointed counsel
93	from the payment of fees and charges assessed by the clerk
94	of the circuit court; amending s. 28.36, F.S.; requiring
95	the chief judge of each circuit to coordinate court-
96	related functions and determine the priorities of
97	functions of the clerk of court; revising the date for the
98	county clerk to submit a proposed budget; conforming a
99	reference to the Florida Clerks of Court Operations
100	Corporation; conforming a cross reference; conforming a
101	reference to the Chief Financial Officer; creating s.
102	28.44, F.S.; providing a method by which the clerk of
103	court may discontinue or substantially modify court-
104	related functions; providing a definition; amending s.
105	29.004, F.S.; providing for state appropriations to be
106	used for expert witnesses who are appointed by the court
107	rather than requested by any party; amending s. 29.005,
108	F.S.; deleting certain appointed mental health
109	professionals from elements of state attorneys' offices
110	provided from state revenues; amending s. 29.007, F.S.;
111	providing for state funds to be used in providing mental
112	health professionals in certain civil cases; clarifying
113	the use of state funds at the trial or appellate level to
114	pay certain costs on behalf of a litigant who is indigent;
115	amending s. 29.008, F.S.; requiring that the county where
116	the appellate district is located fund the appellate
117	division of the public defender's office; expanding the
118	definition of the term "facility" to include items
119	necessary for court-reporting services; narrowing a
120	limitation on the application of certain requirements to
121	specified facilities; including hearing rooms within those
122	facilities funded by the county as a court-related
123	function; including audio equipment within county-funded
124	communications services; amending s. 29.015, F.S.;
125	requiring the Justice Administrative Commission to adjust
126	certain allocations of funds among circuits under certain
127	circumstances; requiring notice of such adjustment;
128	requiring the commission to request a budget amendment
129	under certain circumstances to address budget deficits
130	relating to due-process services; amending s. 29.018,
131	F.S.; eliminating the authority for court-appointed
132	counsel to contract to share in court and due-process
133	services; providing that the Justice Administrative
134	Commission may contract for such cost-sharing on behalf of
135	court-appointed counsel; amending s. 34.045, F.S.;
136	proscribing a county or municipality from being required
137	to pay more than one filing fee for a single filing
138	containing multiple allegations; prohibiting assessment of
139	a filing fee for initiating certain enforcement
140	proceedings in county court; expanding conditions under
141	which the county or municipality is the prevailing party;
142	requiring an assessment of a filing fee; amending s.
143	34.191, F.S.; excluding certain counties having a
144	consolidated government from the term municipality;
145	amending s. 39.0132, F.S.; authorizing the Justice
146	Administrative Commission to inspect certain court
147	dockets; authorizing the commission to petition the court
148	for certain additional documentation; amending s. 39.821,
149	F.S.; requiring the Guardian Ad Litem Program rather than
150	the chief judge to request the federal criminal records
151	check for purposes of certifying guardians ad litem;
152	amending s. 39.822, F.S.; directing agencies, persons, and
153	other organizations to provide a guardian ad litem access
154	to certain records related to the best interests of a
155	child; providing a definition; amending s. 40.29, F.S.;
156	revising procedures for the payments made by the state to
157	the clerk of the court for the costs of witnesses;
158	creating s. 40.355, F.S.; requiring the clerk of the court
159	to report on, and refund to the state attorneys and public
160	defenders, certain moneys collected for payment of jurors
161	and due-process costs; amending s. 43.16, F.S.; providing
162	that the Justice Administrative Commission is not subject
163	to the Administrative Procedure Act; amending s. 43.26,
164	F.S.; providing responsibilities of the chief judge of
165	each circuit; amending s. 44.102, F.S.; revising
166	conditions under which nonvolunteer court mediators may be
167	compensated by the county or parties; amending s. 44.108,
168	F.S.; clarifying the fees charged for scheduled mediation
169	services provided by a circuit court's mediation program;
170	requiring the clerk of the court to report to the chief
171	judge the amount of such fees collected; creating s.
172	57.082, F.S., relating to the determination of civil
173	indigent status; providing for application to the clerk of
174	court for such a determination and appointment of a
175	private attorney in certain civil cases; providing
176	application requirements; prescribing duties of the clerk
177	of court relating to an application; prescribing
178	application requirements and review criteria; providing
179	for determinations by a clerk of the basis of an
180	applicant's indigency; providing criteria; providing for
181	appointment of counsel on an interim basis; providing for
182	review by the court of a clerk's determination; providing
183	criteria; authorizing a court to determine a person
184	indigent and eligible for appointed counsel; providing
185	criteria and requirements for such determination;
186	requiring persons determined to be indigent for civil
187	proceedings to be enrolled in a payment plan and charged
188	an administrative processing charge; providing plan
189	criteria; providing for a reevaluation of indigent status
190	and referral to the state attorney upon evidence of
191	financial discrepancies or fraud; providing for recovery
192	and disposition of certain amounts recovered; providing
193	criminal penalties for the provision of false information;
194	amending s. 92.142, F.S.; deleting a provision that
195	provides for payment of per diem and travel expenses for a
196	witness in a criminal case at the discretion of the court;
197	amending s. 92.231, F.S.; removing a reference to the
198	Article V Indigent Services Advisory Board; amending s.
199	110.205, F.S.; exempting members, officers, and employees
200	of the Justice Administrative Commission from career
201	service provisions; amending s. 116.01, F.S.; providing
202	procedures for the clerk of the court to remit funds to
203	the Department of Revenue; amending s. 119.07, F.S.;
204	extending the time period during which certain social
205	security numbers and other data included in court or
206	official county records may be available for public
207	inspection unless redaction is requested; extending the
208	deadline by which court clerks and county recorders must
209	keep such data confidential; amending s. 142.01, F.S.;
210	clarifying those moneys to be included within the fine and
211	forfeiture fund of the clerk of the circuit court;
212	amending s. 213.13, F.S.; requiring that the court-related
213	collections remitted by the clerk to the state be
214	transmitted electronically within a specified period;
215	amending s. 219.07, F.S.; revising disbursement
216	requirements for the clerk as part of his or her court-
217	related functions; amending s. 219.075, F.S.; exempting
218	funds collected by the clerk from the requirements for the
219	investment of surplus funds of a county; amending s.
220	318.121, F.S.; specifying that certain surcharges may not
221	be added to civil traffic penalties; amending s. 318.18,
222	F.S.; authorizing a portion of certain surcharge revenues
223	to be used for local law libraries; requiring the clerk of
224	the court to quarterly report the amount of certain
225	surcharges collected to the chief judge, the Governor, and
226	the Legislature; amending s. 318.21, F.S.; providing for
227	the disposition of traffic-infraction penalties for
228	violations occurring in unincorporated areas of certain
229	counties having a consolidated government or
230	unincorporated areas of certain municipalities having a
231	consolidated government; amending s. 318.31, F.S.;
232	deleting provisions concerning the appointment of a civil
233	traffic infraction hearing officer; amending s. 318.325,
234	F.S.; deleting provisions specifying the funding of such
235	hearing officer; amending s. 322.29, F.S.; increasing the
236	fees charged for reinstating a driver's license; amending
237	s. 372.72, F.S.; requiring that the proceeds from
238	unclaimed bonds be deposited into the clerk's fine and
239	forfeiture fund; amending s. 903.26, F.S.; revising the
240	procedure for determining the amount of the costs incurred
241	in returning a defendant to the county of jurisdiction;
242	amending s. 903.28, F.S.; revising certain notice
243	requirements following the surrender or apprehension of a
244	defendant for purposes of remission of a forfeiture;
245	authorizing clerks of circuit courts to enter into
246	contracts or interagency agreements to represent the clerk
247	in certain actions; providing that the clerk is the real
248	party in interest for all appeals arising from such an
249	action; authorizing the clerk to withhold unpaid fines,
250	fees, costs, and charges under certain circumstances;
251	amending s. 916.115, F.S.; revising requirements for the
252	payment of experts; specifying which fees are to be paid
253	by the state, the office of the public defender, the
254	office of the state attorney, or the Justice
255	Administrative Commission; amending s. 916.12, F.S.;
256	revising the procedures under which the court may take
257	action following a finding that the defendant is
258	incompetent to proceed; requiring evaluation of a
259	defendant; providing criteria; authorizing a court to
260	commit a defendant or take other action under certain
261	circumstances; amending s. 916.301, F.S.; requiring the
262	court to pay for certain expert witnesses appointed by the
263	court; amending s. 938.29, F.S.; providing for a judgment
264	lien for the payment of certain attorney's fees to be
265	filed without cost; amending s. 939.06, F.S.; clarifying
266	that an acquitted defendant is not liable for certain
267	costs or fees; providing a procedure for such a defendant
268	to request a refund from the Justice Administrative
269	Commission of costs or fees paid; amending s. 948.09,
270	F.S.; requiring certain offenders to pay certain court-
271	ordered fines; providing for distribution of collections;
272	amending s. 985.05, F.S.; authorizing the Justice
273	Administrative Commission to have access to certain court
274	records; requiring the party calling a witness in traffic
275	court to bear the costs; requiring the office of the state
276	attorney to pay such costs if the witness is required to
277	testify on behalf of the prosecution; authorizing the
278	trial court administrator to recover expenditures for
279	state-funded services if those services were furnished to
280	a user possessing the ability to pay; providing for
281	deposit of such funds; authorizing the trial court
282	administrator to recover certain costs under certain
283	circumstances; requiring the chief judge to determine the
284	rate, which may not exceed the cost of the service and
285	recovery; providing legislative intent; repealing s.
286	29.014, F.S., relating to the Article V Indigent Service
287	Advisory Board; repealing s. 318.37, F.S., relating to
288	funding for a Civil Traffic Infraction Hearing Officer
289	Program; providing effective dates.
290
291	Be It Enacted by the Legislature of the State of Florida:
292
293	Section 1.  Subsections (2), (3), (5), and (7) of section
294	27.40, Florida Statutes, are amended to read:
295	27.40  Court-appointed counsel; circuit registries; minimum
296	requirements; appointment by court.--
297	(2)  No later than October 1, 2004, Private counsel
298	appointed by the court to provide representation shall be
299	selected from a registry established by the circuit Article V
300	indigent services committee or procured through a competitive
301	bidding process.
302	(3)  In utilizing a registry:
303	(a)  Each circuit Article V indigent services committee
304	shall compile and maintain a list of attorneys in private
305	practice, by county and by category of cases. To be included on
306	a registry, attorneys shall certify that they meet any minimum
307	requirements established in general law for court appointment,
308	are available to represent indigent defendants in cases
309	requiring court appointment of private counsel, and are willing
310	to abide by the terms of the contract for services. To be
311	included on a registry, an attorney also must enter into a
312	contract for services with the Justice Administrative
313	Commission. Failure to comply with the terms of the contract for
314	services may result in termination of the contract and removal
315	from the registry. Each attorney on the registry shall be
316	responsible for notifying the circuit Article V indigent
317	services committee of any change in his or her status. Failure
318	to comply with this requirement shall be cause for termination
319	of the contract for services and removal from the registry until
320	the requirement is fulfilled.
321	(b)  The court shall appoint attorneys in rotating order in
322	the order in which names appear on the applicable registry,
323	unless the court makes a finding of good cause on the record for
324	appointing an attorney out of order. An attorney not appointed
325	in the order in which his or her name appears on the list shall
326	remain next in order.
327	(c)  If it finds the number of attorneys on the registry in
328	a county or circuit for a particular category of cases is
329	inadequate, the circuit Article V indigent services committee
330	shall notify the chief judge of the particular circuit in
331	writing. The chief judge shall submit the names of at least
332	three private attorneys with relevant experience. The clerk of
333	court shall send an application to each of these attorneys to
334	register for appointment.
335	(d)  Quarterly, beginning no later than October 1, 2004,
336	each circuit Article V indigent services committee shall provide
337	the Chief Justice of the Supreme Court, the chief judge, the
338	state attorney and public defender in each judicial circuit, and
339	the clerk of court in each county with a current copy of each
340	registry. The copy of a registry shall identify the race, sex,
341	and ethnicity of each attorney listed in the registry.
342	(5)  The Justice Administrative Commission shall approve
343	uniform contract forms for use in procuring the services of
344	private court-appointed counsel and uniform procedures and forms
345	for use by a court-appointed attorney in support of billing for
346	attorney's fees, costs, and related expenses to demonstrate the
347	attorney's completion of specified duties.
348	(7)(a)  An attorney appointed to represent a defendant or
349	other client is entitled to payment pursuant to s. 27.5304, only
350	upon full performance by the attorney of specified duties,
351	approval of payment by the court, except for payment based on a
352	flat fee per case as provided in s. 27.5304; and attorney
353	submission of a payment request to the Justice Administrative
354	Commission. Upon being permitted to withdraw from a case, a
355	court-appointed attorney shall submit a copy of the order to the
356	Justice Administrative Commission at the time it is issued by
357	the court. If an attorney is permitted to withdraw or is
358	otherwise removed from representation prior to full performance
359	of the duties specified in this section for reasons other than
360	breach of duty, the trial court shall approve payment of
361	attorney's fees and costs for work performed in an amount not to
362	exceed the amounts specified in s. 27.5304. Withdrawal from a
363	case prior to full performance of the duties specified shall
364	create a rebuttable presumption that the attorney is not
365	entitled to the entire flat fee for those cases paid on a flat-
366	fee-per-case basis.
367	(b)  The attorney shall maintain appropriate documentation,
368	including a current and detailed hourly accounting of time spent
369	representing the defendant or other client.
370	Section 2.  Section 27.42, Florida Statutes, is amended to
371	read:
372	27.42  Circuit Article V indigent services committees;
373	composition; staff; responsibilities; funding.--
374	(1)  In each judicial circuit a circuit Article V indigent
375	services committee shall be established. The committee shall
376	consist of the following:
377	(a)  The chief judge of the judicial circuit or the chief
378	judge's designee, who shall serve as the chair.
379	(b)  The public defender of the judicial circuit, or
380	designee from within the office of the public defender.
381	(c)  One experienced private criminal defense attorney
382	appointed by the chief judge to serve a 2-year term. During the
383	2-year term, the attorney is prohibited from serving as court-
384	appointed counsel.
385	(d)  One experienced civil trial attorney appointed by the
386	chief judge, to serve a 2-year term. During the 2-year term, the
387	attorney is prohibited from serving as court-appointed counsel.
388	(2)(a)  The responsibility of the circuit Article V
389	indigent services committee is to manage the appointment and
390	compensation of court-appointed counsel within a circuit
391	pursuant to ss. 27.40 and 27.5303. The committee shall also set
392	the compensation rates of due-process service providers in cases
393	where the court has appointed counsel or declared a person
394	indigent for costs, not to exceed any rates specified in the
395	General Appropriations Act such that the total amount expended
396	does not exceed the amount budgeted in the General
397	Appropriations Act for the particular due-process service. The
398	circuit Article V indigent services committee shall meet at
399	least quarterly.
400	(b)  No later than October 1, 2004, Each circuit Article V
401	indigent services committee shall maintain a registry pursuant
402	to s. 27.40, even when procuring counsel through a competitive
403	bidding process. However, if counsel is procured through a
404	competitive bidding process, the registry shall be used only
405	when counsel obtained through that process is unable to provide
406	representation due to a conflict of interest or reasons beyond
407	their control. The committee shall apply any eligibility and
408	performance standards set by the Legislature.
409	(c)  Each circuit Article V indigent services committee
410	shall develop a schedule of standard fees and expense allowances
411	for the categories of cases specified in s. 27.5304 27.5303,
412	consistent with the overall compensation rates in that section
413	and within the amount of appropriated funds allocated by the
414	Justice Administrative Commission to the circuit for this
415	purpose.
416	(d)  Each circuit Article V indigent services committee
417	shall establish a schedule of standard allowances for due-
418	process expenses for cases in which the court has declared a
419	person indigent for costs, within the amount of appropriated
420	funds allocated by the Justice Administrative Commission to the
421	circuit for this purpose.
422	(3)  Notwithstanding any other provision of this section, a
423	circuit Article V indigent services committee may approve, and
424	the Justice Administrative Commission shall investigate and
425	evaluate the use of funds for, alternate models for the
426	provision of criminal and civil due-process services and
427	representation other than a model based on a per-case fee if a
428	more cost-effective and efficient system can be provided. An
429	alternate model may include court-reporting services and the
430	provision of court-appointed counsel.
431	(4)(3)  The Justice Administrative Commission shall prepare
432	and issue on a quarterly basis a statewide report comparing
433	actual year-to-date expenditures to budgeted amounts for the
434	circuit Article V indigent services committees in each of the
435	judicial circuits. Copies of these quarterly reports shall be
436	distributed to each circuit Article V indigent services
437	committee and to the Governor, the Chief Justice of the Supreme
438	Court, the President of the Senate, and the Speaker of the House
439	of Representatives.
440	(5)(4)(a)  The funding and positions for the processing of
441	committees' fees and expenses shall be as appropriated to the
442	Justice Administrative Commission in the General Appropriations
443	Act.
444	(b)  Funds for criminal conflict attorney's fees and
445	expenses shall be appropriated by the Legislature in a separate
446	appropriations category within the Justice Administrative
447	Commission. These funds shall be allocated to each circuit as
448	prescribed in the General Appropriations Act.
449	(c)  Funds for attorney's fees and expenses for child
450	dependency and civil conflict cases shall be appropriated by the
451	Legislature in a separate appropriations category within the
452	Justice Administrative Commission.
453	(d)  Any funds the Legislature appropriates for other
454	court-appointed counsel cases shall be as appropriated within
455	the Justice Administrative Commission.
456
457	The Justice Administrative Commission shall separately track
458	expenditures on private court-appointed counsel for the
459	following categories of cases: criminal conflict, civil
460	conflict, dependency and termination of parental rights, and
461	guardianship.
462	Section 3.  Section 27.52, Florida Statutes, is amended to
463	read:
464	(Substantial rewording of section. See
465	s. 27.52, F.S., for present text.)
466	27.52  Determination of indigent status.--
467	(1)  APPLICATION TO THE CLERK.--A person seeking
468	appointment of a public defender under s. 27.51 based upon an
469	inability to pay must apply to the clerk of the court for a
470	determination of indigent status using an application form
471	developed by the Florida Clerks of Court Operations Corporation
472	with final approval by the Supreme Court.
473	(a)  The application must include, at a minimum, the
474	following financial information:
475	1.  Net income, consisting of total salary and wages, minus
476	deductions required by law, including court-ordered support
477	payments.
478	2.  Other income, including, but not limited to, social
479	security benefits, union funds, veterans' benefits, workers'
480	compensation, other regular support from absent family members,
481	public or private employee pensions, unemployment compensation,
482	dividends, interest, rent, trusts, and gifts.
483	3.  Assets, including, but not limited to, cash, savings
484	accounts, bank accounts, stocks, bonds, certificates of deposit,
485	equity in real estate, and equity in a boat or a motor vehicle
486	or in other tangible property.
487	4.  All liabilities and debts.
488	5.  If applicable, the amount of any bail paid for the
489	applicant's release from incarceration and the source of the
490	funds.
491
492	The application must include a signature by the applicant which
493	attests to the truthfulness of the information provided. The
494	application form developed by the corporation must include
495	notice that the applicant may seek court review of a clerk's
496	determination that the applicant is not indigent, as provided in
497	this section.
498	(b)  An applicant shall pay a $40 application fee to the
499	clerk for each application for court-appointed counsel filed.
500	The applicant shall pay the fee within 7 days after submitting
501	the application. If the applicant does not pay the fee prior to
502	the disposition of the case, the clerk shall notify the court,
503	and the court shall:
504	1.  Assess the application fee as part of the sentence or
505	as a condition of probation; or
506	2.  Assess the application fee pursuant to s. 938.29.
507	(c)  Notwithstanding any provision of law, court rule, or
508	administrative order, the clerk shall assign the first $40 of
509	any fees or costs paid by an indigent person as payment of the
510	application fee. A person found to be indigent may not be
511	refused counsel or other required due-process services for
512	failure to pay the fee.
513	(d)  All application fees collected by the clerk under this
514	section shall be transferred monthly by the clerk to the
515	Department of Revenue for deposit in the Indigent Criminal
516	Defense Trust Fund administered by the Justice Administrative
517	Commission, to be used to as appropriated by the Legislature.
518	The clerk may retain 2 percent of application fees collected
519	monthly for administrative costs prior to remitting the
520	remainder to the Department of Revenue.
521	(e)1.  The clerk shall assist a person who appears before
522	the clerk and requests assistance in completing the application,
523	and the clerk shall notify the court if a person is unable to
524	complete the application after the clerk has provided
525	assistance.
526	2.  If the person seeking appointment of a public defender
527	is incarcerated, the public defender is responsible for
528	providing the application to the person and assisting him or her
529	in its completion and is responsible for submitting the
530	application to the clerk on the person's behalf. The public
531	defender may enter into an agreement for jail employees,
532	pretrial services employees, or employees of other criminal
533	justice agencies to assist the public defender in performing
534	functions assigned to the public defender under this
535	subparagraph.
536	(2)  DETERMINATION BY THE CLERK.--The clerk of the court
537	shall determine whether an applicant seeking appointment of a
538	public defender is indigent based upon the information provided
539	in the application and the criteria prescribed in this
540	subsection.
541	(a)1.  An applicant, including an applicant who is a minor
542	or an adult tax-dependent person, is indigent if the applicant's
543	income is equal to or below 200 percent of the then-current
544	federal poverty guidelines prescribed for the size of the
545	household of the applicant by the United States Department of
546	Health and Human Services or if the person is receiving
547	Temporary Assistance for Needy Families-Cash Assistance,
548	poverty-related veterans' benefits, or Supplemental Security
549	Income (SSI).
550	2.  There is a presumption that the applicant is not
551	indigent if the applicant owns, or has equity in, any intangible
552	or tangible personal property or real property or the expectancy
553	of an interest in any such property having a net equity value of
554	$2,500 or more, excluding the value of the person's homestead
555	and one vehicle having a net value not exceeding $5,000.
556	(b)  Based upon its review, the clerk shall make one of the
557	following determinations:
558	1.  The applicant is not indigent.
559	2.  The applicant is indigent.
560	(c)1.  If the clerk determines that the applicant is
561	indigent, the clerk shall submit the determination to the office
562	of the public defender and immediately file the determination in
563	the case record.
564	2.  If the public defender is unable to provide
565	representation due to a conflict pursuant to s. 27.5303, the
566	public defender shall move the court for withdrawal from
567	representation and appointment of private counsel.
568	(d)  The duty of the clerk in determining whether an
569	applicant is indigent shall be limited to receiving the
570	application and comparing the information provided in the
571	application to the criteria prescribed in this subsection. The
572	determination of indigent status is a ministerial act of the
573	clerk and not a decision based on further investigation or the
574	exercise of independent judgment by the clerk. The clerk may
575	contract with third parties to perform functions assigned to the
576	clerk under this section.
577	(e)  The applicant may seek review of the clerk's
578	determination that the applicant is not indigent in the court
579	having jurisdiction over the matter at the next scheduled
580	hearing. If the applicant seeks review of the clerk's
581	determination of indigent status, the court shall make a final
582	determination as provided in subsection (4).
583	(3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the clerk
584	of the court has not made a determination of indigent status at
585	the time a person requests appointment of a public defender, the
586	court shall make a preliminary determination of indigent status,
587	pending further review by the clerk, and may, by court order,
588	appoint a public defender or private counsel on an interim
589	basis.
590	(4)  REVIEW OF CLERK'S DETERMINATION.--
591	(a)  If the clerk of the court determines that the
592	applicant is not indigent, and the applicant seeks review of the
593	clerk's determination, the court shall make a final
594	determination of indigent status by reviewing the information
595	provided in the application against the criteria prescribed in
596	subsection (2) and by considering the following additional
597	factors:
598	1.  Whether the applicant has been released on bail in an
599	amount of $5,000 or more.
600	2.  Whether a bond has been posted, the type of bond, and
601	who paid the bond.
602	3.  Whether paying for private counsel in an amount that
603	exceeds the limitations in s. 27.5304, or other due-process
604	services creates a substantial hardship for the applicant or the
605	applicant's family.
606	4.  Any other relevant financial circumstances of the
607	applicant or the applicant's family.
608	(b)  Based upon its review, the court shall make one of the
609	following determinations and, if the applicant is indigent,
610	shall appoint a public defender or private counsel:
611	1.  The applicant is not indigent.
612	2.  The applicant is indigent.
613	(5)  INDIGENT FOR COSTS.--A person who is eligible to be
614	represented by a public defender under s. 27.51 but who is
615	represented by private counsel not appointed by the court for a
616	reasonable fee as approved by the court, on a pro bono basis, or
617	who is proceeding pro se, may move the court for a determination
618	that he or she is indigent for costs and eligible for the
619	provision of due-process services, as prescribed by ss. 29.006
620	and 29.007, funded by the state.
621	(a)  The person must submit to the court:
622	1.  The completed application prescribed in subsection (1).
623	2.  In the case of a person represented by counsel, an
624	affidavit attesting to the estimated amount of attorney's fees
625	and the source of payment for these fees.
626	(b)  In reviewing the motion, the court shall consider:
627	1.  Whether the applicant applied for a determination of
628	indigent status under subsection (1) and the outcome of such
629	application.
630	2.  The extent to which the person's income equals or
631	exceeds the income criteria prescribed in subsection (2).
632	3.  The additional factors prescribed in subsection (4).
633	4.  Whether the applicant is proceeding pro se.
634	5.  When the applicant retained private counsel.
635	6.  The amount of any attorney's fees and who is paying the
636	fees.
637	(c)  Based upon its review, the court shall make one of the
638	following determinations:
639	1.  The applicant is not indigent for costs.
640	2.  The applicant is indigent for costs.
641	(d)  The provision of due-process services based upon a
642	determination that a person is indigent for costs under this
643	subsection must be effectuated pursuant to a court order, a copy
644	of which the clerk shall provide to counsel representing the
645	person, or to the person directly if he or she is proceeding pro
646	se, for use in requesting payment of due-process expenses
647	through the Justice Administrative Commission.
648	(6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
649	parent or legal guardian of an applicant who is a minor or an
650	adult tax-dependent person shall furnish the minor or adult tax-
651	dependent person with the necessary legal services and costs
652	incident to a delinquency proceeding or, upon transfer of such
653	person for criminal prosecution as an adult pursuant to chapter
654	985, a criminal prosecution in which the person has a right to
655	legal counsel under the Constitution of the United States or the
656	Constitution of the State of Florida. The failure of a parent or
657	legal guardian to furnish legal services and costs under this
658	section does not bar the appointment of legal counsel pursuant
659	to this section, s. 27.40, or s. 27.5303. When the public
660	defender, a private court-appointed conflict counsel, or a
661	private attorney is appointed to represent a minor or an adult
662	tax-dependent person in any proceeding in circuit court or in a
663	criminal proceeding in any other court, the parents or the legal
664	guardian shall be liable for payment of the fees, charges, and
665	costs of the representation even if the person is a minor being
666	tried as an adult. Liability for the fees, charges, and costs of
667	the representation shall be imposed in the form of a lien
668	against the property of the nonindigent parents or legal
669	guardian of the minor or adult tax-dependent person. The lien is
670	enforceable as provided in s. 27.561 or s. 938.29.
671	(7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
672	(a)  If the court learns of discrepancies between the
673	application or motion and the actual financial status of the
674	person found to be indigent or indigent for costs, the court
675	shall determine whether the public defender or private attorney
676	shall continue representation or whether the authorization for
677	any other due-process services previously authorized shall be
678	revoked. The person may be heard regarding the information
679	learned by the court. If the court, based on the information,
680	determines that the person is not indigent or indigent for
681	costs, the court shall order the public defender or private
682	attorney to discontinue representation and revoke the provision
683	of any other authorized due-process services.
684	(b)  If the court has reason to believe that any applicant,
685	through fraud or misrepresentation, was improperly determined to
686	be indigent or indigent for costs, the matter shall be referred
687	to the state attorney. Twenty-five percent of any amount
688	recovered by the state attorney as reasonable value of the
689	services rendered, including fees, charges, and costs paid by
690	the state on the person's behalf, shall be remitted to the
691	Department of Revenue for deposit into the Grants and Donations
692	Trust Fund within the Justice Administrative Commission.
693	Seventy-five percent of any amount recovered shall be remitted
694	to the Department of Revenue for deposit into the General
695	Revenue Fund.
696	(c)  A person who knowingly provides false information to
697	the clerk or the court in seeking a determination of indigent
698	status under this section commits a misdemeanor of the first
699	degree, punishable as provided in s. 775.082 or s. 775.083.
700	Section 4.  Subsections (2) and (6) of section 27.5304,
701	Florida Statutes, are amended, and new subsections (7), (8), and
702	(9) are added to said section, to read:
703	27.5304  Private court-appointed counsel; compensation.--
704	(2)  The Justice Administrative Commission shall review an
705	intended billing by private court-appointed counsel for
706	attorney's fees based on a flat fee per case for completeness
707	and compliance with contractual, statutory, and circuit Article
708	V indigent services committee requirements. The commission may
709	approve the intended bill for a flat fee per case for payment
710	without approval by the court if the intended billing is
711	correct. For all other intended billings, prior to filing a
712	motion for an order approving payment of attorney's fees, costs,
713	or related expenses, the private court-appointed counsel shall
714	deliver a copy of the intended billing, together with supporting
715	affidavits and all other necessary documentation, to the Justice
716	Administrative Commission. The Justice Administrative Commission
717	shall review the billings, affidavit, and documentation for
718	completeness and compliance with contractual and statutory
719	requirements. If the Justice Administrative Commission objects
720	to any portion of the proposed billing, the objection and
721	reasons therefor shall be communicated to the private court-
722	appointed counsel. The private court-appointed counsel may
723	thereafter file his or her motion for order approving payment of
724	attorney's fees, costs, or related expenses together with
725	supporting affidavits and all other necessary documentation. The
726	motion must specify whether the Justice Administrative
727	Commission objects to any portion of the billing or the
728	sufficiency of documentation and shall attach the Justice
729	Administrative Commission's letter stating its objection. The
730	attorney shall have the burden to prove the entitlement to
731	attorney's fees, costs, or related expenses, if so, the reasons
732	therefor. A copy of the motion and attachments shall be served
733	on the Justice Administrative Commission at least 5 business
734	days prior to the date of a hearing. The Justice Administrative
735	Commission shall have standing to appear before the court to
736	contest any motion for order approving payment of attorney's
737	fees, costs, or related expenses and may participate in a
738	hearing on the motion by use of telephonic or other
739	communication equipment unless ordered otherwise. The Justice
740	Administrative Commission may contract with other public or
741	private entities or individuals to appear before the court for
742	the purpose of contesting any motion for order approving payment
743	of attorney's fees, costs, or related expenses. The fact that
744	the Justice Administrative Commission has not objected to any
745	portion of the billing or to the sufficiency of the
746	documentation is not binding on the court. The court retains
747	primary authority and responsibility for determining the
748	reasonableness of all billings for attorney's fees, costs, and
749	related expenses, subject to statutory limitations. Private
750	court-appointed counsel is entitled to compensation upon final
751	disposition of a case, except as provided in subsections (7) and
752	(8). Before final disposition of a case, a private court-
753	appointed counsel may file a motion for fees, costs, and related
754	expenses for services completed up to the date of the motion in
755	any case or matter in which legal services have been provided by
756	the attorney for more than 1 year. The amount approved by the
757	court may not exceed 80 percent of the fees earned, or costs and
758	related expenses incurred, to date, or an amount proportionate
759	to the maximum fees permitted under this section based on legal
760	services provided to date, whichever is less. The court may
761	grant the motion if counsel shows that failure to grant the
762	motion would work a particular hardship upon counsel.
763	(6)  A private attorney appointed in lieu of the public
764	defender to represent an indigent defendant may not reassign or
765	subcontract the case to another attorney or allow another
766	attorney to appear at a critical stage of a case who is not on
767	the registry developed under pursuant to s. 27.40.
768	(7)  Private court-appointed counsel representing a parent
769	in a dependency case that is open may submit a request for
770	payment to the Justice Administrative Commission at the
771	following intervals:
772	(a)  Upon entry of an order of disposition as to the parent
773	being represented.
774	(b)  Upon conclusion of a 12-month permanency review.
775	(c)  Following a judicial review hearing.
776
777	In no case, however, may counsel submit requests under this
778	paragraph more than once per quarter, unless the court finds
779	extraordinary circumstances justifying more frequent submission
780	of payment requests.
781	(8)  Private court-appointed counsel representing an
782	individual in an appeal to a district court of appeal or the
783	Supreme Court may submit a request for payment to the Justice
784	Administrative Commission at the following intervals:
785	(a)  Upon the filing of an appellate brief, including, but
786	not limited to, a reply brief.
787	(b)  When the opinion of the appellate court is finalized.
788	(9)  Private court-appointed counsel may not bill for
789	preparation of invoices whether or not the case is paid on the
790	basis of an hourly rate or by flat fee.
791	Section 5.  Subsection (2) of section 27.54, Florida
792	Statutes, is amended to read:
793	27.54  Limitation on payment of expenditures for public
794	defender's office other than by the state.--
795	(2)  A county or municipality may contract with, or
796	appropriate or contribute funds to, the operation of the offices
797	of the various public defenders as provided in this subsection.
798	A public defender defending violations of special laws or county
799	or municipal ordinances punishable by incarceration and not
800	ancillary to a state charge shall contract with counties and
801	municipalities to recover the full cost of services rendered on
802	an hourly basis or reimburse the state for the full cost of
803	assigning one or more full-time equivalent attorney positions to
804	work on behalf of the county or municipality. Notwithstanding
805	any other provision of law, in the case of a county with a
806	population of less than 75,000, the public defender shall
807	contract for full reimbursement, or for reimbursement as the
808	parties otherwise agree. In local ordinance violation cases, the
809	county or municipality shall pay for due-process services that
810	are approved by the court, including deposition costs,
811	deposition transcript costs, investigative costs, witness fees,
812	expert witness costs, and interpreter costs. The person charged
813	with the violation shall be assessed a fee for the services of a
814	public defender and other costs and fees paid by the county or
815	municipality, which assessed fee may be reduced to a lien, in
816	all instances in which the person enters a plea of guilty or no
817	contest or is found to be in violation or guilty of any count or
818	lesser included offense of the charge or companion case charges,
819	regardless of adjudication. The court shall determine the amount
820	of the obligation. The county or municipality may recover
821	assessed fees through collections court or as otherwise
822	permitted by law and any fees recovered pursuant to this section
823	shall be forwarded to the applicable county or municipality as
824	reimbursement.
825	(a)  A contract for reimbursement on an hourly basis shall
826	require a county or municipality to reimburse the public
827	defender for services rendered at a rate of $50 per hour. If an
828	hourly rate is specified in the General Appropriations Act, that
829	rate shall control.
830	(b)  A contract for assigning one or more full-time
831	equivalent attorney positions to perform work on behalf of the
832	county or municipality shall assign one or more full-time
833	equivalent positions based on estimates by the public defender
834	of the number of hours required to handle the projected
835	workload. The full cost of each full-time equivalent attorney
836	position on an annual basis shall be $50, or the amount
837	specified in the General Appropriations Act, multiplied by the
838	legislative budget request standard for available work hours for
839	one full-time equivalent attorney position, or, in the absence
840	of that standard, 1,854 hours. The contract may provide for
841	funding full-time equivalent positions in one-quarter
842	increments.
843	(c)  Any payments received pursuant to this subsection
844	shall be deposited into the Grants and Donations Trust Fund
845	within the Justice Administrative Commission for appropriation
846	by the Legislature.
847	Section 6.  Section 28.24, Florida Statutes, is amended to
848	read:
849	28.24  Service charges by clerk of the circuit court.--The
850	clerk of the circuit court shall may charge for services
851	rendered by the clerk's office in recording documents and
852	instruments and in performing the duties enumerated in amounts
853	not to exceed those specified in this section. Notwithstanding
854	any other provision of this section, the clerk of the circuit
855	court shall provide without charge to the state attorney, public
856	defender, and guardian ad litem, attorney ad litem, and court-
857	appointed counsel paid by the state, and to the authorized staff
858	acting on behalf of each, access to and a copy of any public
859	record, if the requesting party is entitled by law to view the
860	exempt or confidential record, as maintained by and in the
861	custody of the clerk of the circuit court as provided in general
862	law and the Florida Rules of Judicial Administration. The clerk
863	of the circuit court may provide the requested public record in
864	an electronic format in lieu of a paper format when capable of
865	being accessed by the requesting entity.
866
867	Charges
868	(1)  For examining, comparing, correcting, verifying, and
869	certifying transcripts of record in appellate proceedings,
870	prepared by attorney for appellant or someone else other than
871	clerk per page....4.50
872	(2)  For preparing, numbering, and indexing an original
873	record of appellate proceedings, per instrument....3.00
874	(3)  For certifying copies of any instrument in the public
875	records....1.50
876	(4)  For verifying any instrument presented for
877	certification prepared by someone other than clerk, per
878	page....3.00
879	(5)(a)  For making copies by photographic process of any
880	instrument in the public records consisting of pages of not more
881	than 14 inches by 81/2 inches, per page....1.00
882	(b)  For making copies by photographic process of any
883	instrument in the public records of more than 14 inches by 81/2
884	inches, per page....5.00
885	(6)  For making microfilm copies of any public records:
886	(a)  16 mm 100' microfilm roll....37.50
887	(b)  35 mm 100' microfilm roll....52.50
888	(c)  Microfiche, per fiche....3.00
889	(7)  For copying any instrument in the public records by
890	other than photographic process, per page....6.00
891	(8)  For writing any paper other than herein specifically
892	mentioned, same as for copying, including signing and
893	sealing....6.00
894	(9)  For indexing each entry not recorded....1.00
895	(10)  For receiving money into the registry of court:
896	(a)1.  First $500, percent....3
897	2.  Each subsequent $100, percent....1.5
898	(b)  Eminent domain actions, per deposit....$150.00
899	(11)  For examining, certifying, and recording plats and
900	for recording condominium exhibits larger than 14 inches by 81/2
901	inches:
902	(a)  First page....30.00
903	(b)  Each additional page....15.00
904	(12)  For recording, indexing, and filing any instrument
905	not more than 14 inches by 81/2 inches, including required
906	notice to property appraiser where applicable:
907	(a)  First page or fraction thereof....5.00
908	(b)  Each additional page or fraction thereof....4.00
909	(c)  For indexing instruments recorded in the official
910	records which contain more than four names, per additional
911	name....1.00
912	(d)  An additional service charge shall be paid to the
913	clerk of the circuit court to be deposited in the Public Records
914	Modernization Trust Fund for each instrument listed in s.
915	28.222, except judgments received from the courts and notices of
916	lis pendens, recorded in the official records:
917	1.  First page....1.00
918	2.  Each additional page....0.50
919
920	Said fund shall be held in trust by the clerk and used
921	exclusively for equipment and maintenance of equipment,
922	personnel training, and technical assistance in modernizing the
923	public records system of the office. In a county where the duty
924	of maintaining official records exists in an office other than
925	the office of the clerk of the circuit court, the clerk of the
926	circuit court is entitled to 25 percent of the moneys deposited
927	into the trust fund for equipment, maintenance of equipment,
928	training, and technical assistance in modernizing the system for
929	storing records in the office of the clerk of the circuit court.
930	The fund may not be used for the payment of travel expenses,
931	membership dues, bank charges, staff-recruitment costs, salaries
932	or benefits of employees, construction costs, general operating
933	expenses, or other costs not directly related to obtaining and
934	maintaining equipment for public records systems or for the
935	purchase of furniture or office supplies and equipment not
936	related to the storage of records. On or before December 1,
937	1995, and on or before December 1 of each year immediately
938	preceding each year during which the trust fund is scheduled for
939	legislative review under s. 19(f)(2), Art. III of the State
940	Constitution, each clerk of the circuit court shall file a
941	report on the Public Records Modernization Trust Fund with the
942	President of the Senate and the Speaker of the House of
943	Representatives. The report must itemize each expenditure made
944	from the trust fund since the last report was filed; each
945	obligation payable from the trust fund on that date; and the
946	percentage of funds expended for each of the following:
947	equipment, maintenance of equipment, personnel training, and
948	technical assistance. The report must indicate the nature of the
949	system each clerk uses to store, maintain, and retrieve public
950	records and the degree to which the system has been upgraded
951	since the creation of the trust fund.
952	(e)  An additional service charge of $4 per page shall be
953	paid to the clerk of the circuit court for each instrument
954	listed in s. 28.222, except judgments received from the courts
955	and notices of lis pendens, recorded in the official records.
956	From the additional $4 service charge collected:
957	1.  If the counties maintain legal responsibility for the
958	costs of the court-related technology needs as defined in s.
959	29.008(1)(f)2. and (h), 10 cents shall be distributed to the
960	Florida Association of Court Clerks and Comptroller, Inc., for
961	the cost of development, implementation, operation, and
962	maintenance of the clerks' Comprehensive Case Information
963	System, in which system all clerks shall participate on or
964	before January 1, 2006; $1.90 shall be retained by the clerk to
965	be deposited in the Public Records Modernization Trust Fund and
966	used exclusively for funding court-related technology needs of
967	the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
968	be distributed to the board of county commissioners to be used
969	exclusively to fund court-related technology, and court
970	technology needs as defined in s. 29.008(1)(f)2. and (h) for the
971	state trial courts, state attorney, and public defender in that
972	county. If the counties maintain legal responsibility for the
973	costs of the court-related technology needs as defined in s.
974	29.008(1)(f)2. and (h), notwithstanding any other provision of
975	law, the county is not required to provide additional funding
976	beyond that provided herein for the court-related technology
977	needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
978	court records and official records are the property of the State
979	of Florida, including any records generated as part of the
980	Comprehensive Case Information System funded pursuant to this
981	paragraph and the clerk of court is designated as the custodian
982	of such records, except in a county where the duty of
983	maintaining official records exists in a county office other
984	than the clerk of court, such county office is designated the
985	custodian of all official records, and the clerk of court is
986	designated the custodian of all court records. The clerk of
987	court or any entity acting on behalf of the clerk of court,
988	including an association, shall not charge a fee to any agency
989	as defined in s. 119.011, the Legislature, or the State Court
990	System for copies of records generated by the Comprehensive Case
991	Information System or held by the clerk of court or any entity
992	acting on behalf of the clerk of court, including an
993	association.
994	2.  If the state becomes legally responsible for the costs
995	of court-related technology needs as defined in s.
996	29.008(1)(f)2. and (h), whether by operation of general law or
997	by court order, $4 shall be remitted to the Department of
998	Revenue for deposit into the General Revenue Fund.
999	(13)  Oath, administering, attesting, and sealing, not
1000	otherwise provided for herein....3.00
1001	(14)  For validating certificates, any authorized bonds,
1002	each....3.00
1003	(15)  For preparing affidavit of domicile....5.00
1004	(16)  For exemplified certificates, including signing and
1005	sealing....6.00
1006	(17)  For authenticated certificates, including signing and
1007	sealing....6.00
1008	(18)(a)  For issuing and filing a subpoena for a witness,
1009	not otherwise provided for herein (includes writing, preparing,
1010	signing, and sealing)....6.00
1011	(b)  For signing and sealing only....1.50
1012	(19)  For approving bond....7.50
1013	(20)  For searching of records, for each year's
1014	search....1.50
1015	(21)  For processing an application for a tax deed sale
1016	(includes application, sale, issuance, and preparation of tax
1017	deed, and disbursement of proceeds of sale), other than excess
1018	proceeds....60.00
1019	(22)  For disbursement of excess proceeds of tax deed sale,
1020	first $100 or fraction thereof....10.00
1021	(23)  Upon receipt of an application for a marriage
1022	license, for preparing and administering of oath; issuing,
1023	sealing, and recording of the marriage license; and providing a
1024	certified copy....30.00
1025	(24)  For solemnizing matrimony....30.00
1026	(25)  For sealing any court file or expungement of any
1027	record....37.50
1028	(26)(a)  For receiving and disbursing all restitution
1029	payments, per payment....3.00
1030	(b)  For receiving and disbursing all partial payments,
1031	other than restitution payments, for which an administrative
1032	processing service charge is not imposed pursuant to s. 28.246,
1033	per month....5.00
1034	(c)  For setting up a payment plan, a one-time
1035	administrative processing charge in lieu of a per month charge
1036	under paragraph (b)....25.00
1037	(27)  Postal charges incurred by the clerk of the circuit
1038	court in any mailing by certified or registered mail shall be
1039	paid by the party at whose instance the mailing is made.
1040	(28)  For furnishing an electronic copy of information
1041	contained in a computer database: a fee as provided for in
1042	chapter 119.
1043	Section 7.  Paragraph (a) of subsection (1) of section
1044	28.2402, Florida Statutes, is amended to read:
1045	28.2402  Cost recovery; use of the circuit court for
1046	ordinance or special law violations.--
1047	(1)(a)  In lieu of payment of a filing fee under s. 28.241,
1048	a filing fee of $10 shall be paid by a county or municipality
1049	when filing a county or municipal ordinance violation or
1050	violation of a special law in circuit court. This fee shall be
1051	paid to the clerk of the court for performing court-related
1052	functions. A county or municipality is not required to pay more
1053	than one filing fee for a single filing against a single
1054	defendant that contains multiple alleged violations. A filing
1055	fee, other than that imposed under this section, may not be
1056	assessed for initiating an enforcement proceeding in circuit
1057	court for a violation of a county or municipal code or ordinance
1058	or a violation of a special law. The filing fee shall not apply
1059	to instances in which a county or municipality has contracted
1060	with the state, or has been delegated by the state,
1061	responsibility for enforcing state operations, policies, or
1062	requirements under s. 125.69, s. 166.0415, or chapter 162.
1063	Section 8.  Section 28.245, Florida Statutes, is amended to
1064	read:
1065	28.245  Transmittal of funds to Department of Revenue;
1066	uniform remittance form required.--Notwithstanding any other
1067	provision of law, all moneys collected by the clerks of the
1068	court as part of the clerk's court-related functions for
1069	subsequent distribution to any state entity must be transmitted
1070	electronically, by the 20th day of the month immediately
1071	following the month in which the moneys are collected, to the
1072	Department of Revenue for appropriate distribution. A uniform
1073	remittance form provided by the Department of Revenue detailing
1074	the specific amounts due each fund must accompany such
1075	submittal. All moneys collected by the clerks of court for
1076	remittance to any entity must be distributed pursuant to the law
1077	in effect at the time of collection.
1078	Section 9.  Subsections (1) and (4) of section 28.246,
1079	Florida Statutes, are amended to read:
1080	28.246  Payment of court-related fees, charges, and costs;
1081	partial payments; distribution of funds.--
1082	(1)  Beginning July 1, 2003, the clerk of the circuit court
1083	shall report the following information to the Legislature and
1084	the Florida Clerks Clerk of Court Operations Corporation
1085	Conference on a form developed by the Department of Financial
1086	Services:
1087	(a)  The total amount of mandatory fees, service charges,
1088	and costs; the total amount actually assessed; the total amount
1089	discharged, waived, or otherwise not assessed; and the total
1090	amount collected.
1091	(b)  The amount of discretionary fees, service charges, and
1092	costs assessed; the total amount discharged; and the total
1093	amount collected.
1094	(c)  The total amount of mandatory fines and other monetary
1095	penalties; the total amount assessed; the total amount
1096	discharged, waived, or otherwise not assessed; and the total
1097	amount collected.
1098	(d)  The amount of discretionary fines and other monetary
1099	penalties assessed; the amount discharged; and the total amount
1100	collected.
1101
1102	If provided to the clerk of court by the judge, the clerk, in
1103	reporting the amount assessed, shall separately identify the
1104	amount assessed pursuant to s. 938.30 as community service;
1105	assessed by reducing the amount to a judgment or lien; satisfied
1106	by time served; or other. The form developed by the Chief
1107	Financial Officer shall include separate entries for recording
1108	these amounts. The clerk shall submit the report on a quarterly
1109	basis 30 days after the end of the quarter for the period from
1110	July 1, 2003, through June 30, 2004, and on an annual basis
1111	thereafter, 60 days after the end of the county fiscal year.
1112	(4)  The clerk of the circuit court shall accept partial
1113	payments for court-related fees, service charges, costs, and
1114	fines in accordance with the terms of an established payment
1115	plan. An individual seeking to defer payment of fees, service
1116	charges, costs, or fines imposed by operation of law or order of
1117	the court under any provision of general law shall apply to the
1118	clerk for enrollment in a payment plan. The clerk shall enter
1119	into a payment plan with an individual who the court determines
1120	is indigent for costs and who demonstrates to the clerk an
1121	inability to pay court-related fees, service charges, costs, or
1122	fines in full. A monthly payment amount, calculated based upon
1123	all fees and all anticipated costs, is presumed to correspond to
1124	the person's ability to pay if the amount does not exceed 2
1125	percent of the person's annual net income, as defined in
1126	27.52(1), divided by 12. The court may review the reasonableness
1127	of the payment plan, and determined by the court to be unable to
1128	make payment in full, shall be enrolled by the clerk in a
1129	payment program, with periodic payment amounts corresponding to
1130	the individual's ability to pay.
1131	Section 10.  Section 28.345, Florida Statutes, is amended
1132	to read:
1133	28.345  Exemption from court-related fees and
1134	charges.--Notwithstanding any other provision of this chapter or
1135	law to the contrary, judges and those court staff acting on
1136	behalf of judges, state attorneys, guardians ad litem, attorneys
1137	ad litem, court-appointed private counsel, and public defenders,
1138	acting in their official capacity, and state agencies, are
1139	exempt from all court-related fees and charges assessed by the
1140	clerks of the circuit courts.
1141	Section 11.  Subsection (2), paragraph (a) of subsection
1142	(3), and paragraph (b) of subsection (4) of section 28.36,
1143	Florida Statutes, are amended to read:
1144	28.36  Budget procedure.--There is hereby established a
1145	budget procedure for the court-related functions of the clerks
1146	of the court.
1147	(2)(a)  For the period July 1, 2004, through September 30,
1148	2004, and for each county fiscal year ending September 30
1149	thereafter, each clerk of the court shall prepare a budget
1150	relating solely to the performance of the standard list of
1151	court-related functions pursuant to s. 28.35(4)(a).
1152	(b)  The chief judge of each circuit, after consultation
1153	with the clerk of court, shall coordinate the provision of all
1154	court-related functions and determine the priorities for the
1155	court-related functions of the clerk of court provided pursuant
1156	to s. 28.35(4)(a).
1157	(3)  Each proposed budget shall further conform to the
1158	following requirements:
1159	(a)  On or before August 15 1 for each fiscal year
1160	thereafter, the proposed budget shall be prepared, summarized,
1161	and submitted by the clerk in each county to the Clerks of Court
1162	Operations Corporation in the manner and form prescribed by the
1163	corporation conference. The proposed budget must provide
1164	detailed information on the anticipated revenues available and
1165	expenditures necessary for the performance of the standard list
1166	of court-related functions of the clerk's office developed
1167	pursuant to s. 28.35(4)(a) for the county fiscal year beginning
1168	the following October 1.
1169	(4)  If a clerk of the court estimates that available funds
1170	plus projected revenues from fines, fees, service charges, and
1171	costs for court-related services are insufficient to meet the
1172	anticipated expenditures for the standard list of court-related
1173	functions in s. 28.35(4)(a) performed by his or her office, the
1174	clerk must report the revenue deficit to the Clerks of Court
1175	Operations Corporation in the manner and form prescribed by the
1176	corporation pursuant to contract with the Chief Financial
1177	Officer. The corporation shall verify that the proposed budget
1178	is limited to the standard list of court-related functions in s.
1179	28.35(4)(a).
1180	(b)  If the Chief Financial Officer Department of Revenue
1181	finds the court-related budget proposed by a clerk includes
1182	functions not included in the standard list of court-related
1183	functions in s. 28.35(4)(a) 28.35(3)(a), the Chief Financial
1184	Officer department shall notify the clerk of the amount of the
1185	proposed budget not eligible to be funded from fees, service
1186	charges, costs, and fines for court-related functions. The clerk
1187	shall then immediately discontinue the expenditures of funds for
1188	this purpose and reimburse the Clerks of the Court Trust Fund
1189	for any expenditures incurred to date for these functions.
1190	Section 12.  Section 28.44, Florida Statutes, is created to
1191	read:
1192	28.44  Clerk discontinuance of court-related functions.--
1193	(1)  No function of the clerk of court being performed in
1194	support of the trial courts by the individual clerks of court on
1195	July 1, 2004, may be discontinued or substantially modified on a
1196	unilateral basis except pursuant to this section. A clerk of
1197	court may discontinue performing a function performed in support
1198	of the trial court only if:
1199	(a)  The chief judge of the circuit has consented in
1200	writing to the discontinuance or substantial modification of the
1201	function performed in support of the trial court; or
1202	(b)  The clerk of court has given written notice of the
1203	intention to substantially modify or discontinue a function
1204	performed in support of the trial court at least one year before
1205	the effective date of the discontinuance or substantial
1206	modification of the function.
1207	(2)  "Substantial modification" of a function performed in
1208	support of the trial court means a modification which has the
1209	effect of reducing the level of services provided to the trial
1210	court.
1211	Section 13.  Subsection (6) of section 29.004, Florida
1212	Statutes, is amended to read:
1213	29.004  State courts system.--For purposes of implementing
1214	s. 14, Art. V of the State Constitution, the elements of the
1215	state courts system to be provided from state revenues
1216	appropriated by general law are as follows:
1217	(6)  Expert witnesses who not requested by any party which
1218	are appointed by the court pursuant to an express grant of
1219	statutory authority.
1220	Section 14.  Subsections (4), (5), (6), (7), and (8) of
1221	section 29.005, Florida Statutes, are amended to read:
1222	29.005  State attorneys' offices and prosecution
1223	expenses.--For purposes of implementing s. 14, Art. V of the
1224	State Constitution, the elements of the state attorneys' offices
1225	to be provided from state revenues appropriated by general law
1226	are as follows:
1227	(4)  Mental health professionals appointed pursuant to s.
1228	394.473 and required in a court hearing involving an indigent,
1229	and mental health professionals appointed pursuant to s.
1230	916.115(2) and required in a court hearing involving an
1231	indigent.
1232	(4)(5)  Reasonable transportation services in the
1233	performance of constitutional and statutory responsibilities.
1234	Motor vehicles owned by the counties and provided exclusively to
1235	state attorneys as of July 1, 2003, and any additional vehicles
1236	owned by the counties and provided exclusively to state
1237	attorneys during fiscal year 2003-2004 shall be transferred by
1238	title to the state effective July 1, 2004.
1239	(5)(6)  Travel expenses reimbursable under s. 112.061
1240	reasonably necessary in the performance of constitutional and
1241	statutory responsibilities.
1242	(6)(7)  Reasonable library and electronic legal research
1243	services, other than a public law library.
1244	(7)(8)  Reasonable pretrial consultation fees and costs.
1245	Section 15.  Section 29.007, Florida Statutes, is amended
1246	to read:
1247	29.007  Court-appointed counsel.--For purposes of
1248	implementing s. 14, Art. V of the State Constitution, the
1249	elements of court-appointed counsel to be provided from state
1250	revenues appropriated by general law are as follows:
1251	(1)  Private attorneys appointed by the court to handle
1252	cases where the defendant is indigent and cannot be represented
1253	by the public defender under ss. 27.42 and 27.53.
1254	(2)  Private attorneys appointed by the court to represent
1255	indigents or other classes of litigants in civil proceedings
1256	requiring court-appointed counsel in accordance with state and
1257	federal constitutional guarantees and federal and state
1258	statutes.
1259	(3)  Reasonable court reporting and transcription services
1260	necessary to meet constitutional or statutory requirements,
1261	including the cost of transcribing and copying depositions of
1262	witnesses and the cost of foreign language and sign-language
1263	interpreters and translators.
1264	(4)  Witnesses, including expert witnesses, summoned to
1265	appear for an investigation, preliminary hearing, or trial in a
1266	case when the witnesses are summoned on behalf of an indigent,
1267	and any other expert witnesses approved by the court.
1268	(5)  Mental health professionals appointed pursuant to s.
1269	394.473 and required in a court hearing involving an indigent,
1270	and mental health professionals appointed pursuant to s.
1271	916.115(2) and required in a court hearing involving an
1272	indigent, and any other mental health professionals expressly
1273	required by law for the full adjudication of any civil case
1274	involving an indigent person.
1275	(6)  Reasonable pretrial consultation fees and costs.
1276	(7)  Travel expenses reimbursable under s. 112.061
1277	reasonably necessary in the performance of constitutional and
1278	statutory responsibilities.
1279
1280	Subsections (3), (4), (5), (6), and (7) apply when court-
1281	appointed counsel is appointed; when the court determines that
1282	the litigant is indigent for costs; or when the litigant is
1283	acting pro se and the court determines that the litigant is
1284	indigent for costs at the trial or appellate level. This section
1285	applies in any situation in which the court appoints counsel to
1286	protect a litigant's due-process rights.
1287	Section 16.  Subsection (1) of section 29.008, Florida
1288	Statutes, is amended to read:
1289	29.008  County funding of court-related functions.--
1290	(1)  Counties are required by s. 14, Art. V of the State
1291	Constitution to fund the cost of communications services,
1292	existing radio systems, existing multiagency criminal justice
1293	information systems, and the cost of construction or lease,
1294	maintenance, utilities, and security of facilities for the
1295	circuit and county courts, public defenders' offices, state
1296	attorneys' offices, guardian ad litem offices, and the offices
1297	of the clerks of the circuit and county courts performing court-
1298	related functions. For purposes of this section, the term
1299	"circuit and county courts" shall include the offices and
1300	staffing of the guardian ad litem programs. The county
1301	designated under s. 35.05(1) as the headquarters for each
1302	appellate district shall fund these costs for the appellate
1303	division of the public defender's office in that county. For
1304	purposes of implementing these requirements, the term:
1305	(a)  "Facility" means reasonable and necessary buildings
1306	and office space and appurtenant equipment and furnishings,
1307	structures, real estate, easements, and related interests in
1308	real estate, including, but not limited to, those for the
1309	purpose of housing legal materials for use by the general public
1310	and personnel, equipment, or functions of the circuit or county
1311	courts, public defenders' offices, state attorneys' offices, and
1312	court-related functions of the office of the clerks of the
1313	circuit and county courts and all storage. The term "facility"
1314	includes all wiring necessary for court-reporting services. The
1315	term also includes access to parking for such facilities in
1316	connection with such court-related functions that may be
1317	available free or from a private provider or a local government
1318	for a fee. The office space provided by a county may not be less
1319	than the standards for space allotment adopted by the Department
1320	of Management Services, except this requirement applies only to
1321	facilities that are leased, or on which construction commences,
1322	after June 30, 2003. County funding must include physical
1323	modifications and improvements to all facilities as are required
1324	for compliance with the Americans with Disabilities Act. Upon
1325	mutual agreement of a county and the affected entity in this
1326	paragraph, the office space provided by the county may vary from
1327	the standards for space allotment adopted by the Department of
1328	Management Services. This section applies only to facilities
1329	that are leased, or on which construction commences, after June
1330	30, 2003.
1331	1.  As of July 1, 2005, equipment and furnishings shall be
1332	limited to that appropriate and customary for courtrooms,
1333	hearing rooms, jury facilities, and other public areas in
1334	courthouses and any other facility occupied by the courts, state
1335	attorneys, and public defenders. Court-reporting equipment in
1336	these areas or facilities is not a responsibility of the county.
1337	2.  Equipment and furnishings under this paragraph in
1338	existence and owned by counties on July 1, 2005, except for that
1339	in the possession of the clerks, for areas other than
1340	courtrooms, hearing rooms, jury facilities, and other public
1341	areas in courthouses and any other facility occupied by the
1342	courts, state attorneys, and public defenders, shall be
1343	transferred to the state at no charge. This provision does not
1344	apply to any communication services as defined in paragraph (f).
1345	(b)  "Construction or lease" includes, but is not limited
1346	to, all reasonable and necessary costs of the acquisition or
1347	lease of facilities for all judicial officers, staff, jurors,
1348	volunteers of a tenant agency, and the public for the circuit
1349	and county courts, the public defenders' offices, state
1350	attorneys' offices, and for performing the court-related
1351	functions of the offices of the clerks of the circuit and county
1352	courts. This includes expenses related to financing such
1353	facilities and the existing and future cost and bonded
1354	indebtedness associated with placing the facilities in use.
1355	(c)  "Maintenance" includes, but is not limited to, all
1356	reasonable and necessary costs of custodial and groundskeeping
1357	services and renovation and reconstruction as needed to
1358	accommodate functions for the circuit and county courts, the
1359	public defenders' offices, and state attorneys' offices and for
1360	performing the court-related functions of the offices of the
1361	clerks of the circuit and county court and for maintaining the
1362	facilities in a condition appropriate and safe for the use
1363	intended.
1364	(d)  "Utilities" means all electricity services for light,
1365	heat, and power; natural or manufactured gas services for light,
1366	heat, and power; water and wastewater services and systems,
1367	stormwater or runoff services and systems, sewer services and
1368	systems, all costs or fees associated with these services and
1369	systems, and any costs or fees associated with the mitigation of
1370	environmental impacts directly related to the facility.
1371	(e)  "Security" includes but is not limited to, all
1372	reasonable and necessary costs of services of law enforcement
1373	officers or licensed security guards and all electronic,
1374	cellular, or digital monitoring and screening devices necessary
1375	to ensure the safety and security of all persons visiting or
1376	working in a facility; to provide for security of the facility,
1377	including protection of property owned by the county or the
1378	state; and for security of prisoners brought to any facility.
1379	This includes bailiffs while providing courtroom and other
1380	security for each judge and other quasi-judicial officers.
1381	(f)  "Communications services" are defined as any
1382	reasonable and necessary transmission, emission, and reception
1383	of signs, signals, writings, images, and sounds of intelligence
1384	of any nature by wire, radio, optical, audio equipment, or other
1385	electromagnetic systems and includes all facilities and
1386	equipment owned, leased, or used by judges, clerks, public
1387	defenders, state attorneys, and all staff of the state courts
1388	system, state attorneys' offices, public defenders' offices, and
1389	clerks of the circuit and county courts performing court-related
1390	functions. Such system or services shall include, but not be
1391	limited to:
1392	1.  Telephone system infrastructure, including computer
1393	lines, telephone switching equipment, and maintenance, and
1394	facsimile equipment, wireless communications, cellular
1395	telephones, pagers, and video teleconferencing equipment and
1396	line charges. Each county shall continue to provide access to a
1397	local carrier for local and long distance service and shall pay
1398	toll charges for local and long distance service.
1399	2.  All computer networks, systems and equipment, including
1400	computer hardware and software, modems, printers, wiring,
1401	network connections, maintenance, support staff or services
1402	including any county-funded support staff located in the offices
1403	of the circuit court, county courts, state attorneys, and public
1404	defenders, training, supplies, and line charges necessary for an
1405	integrated computer system to support the operations and
1406	management of the state courts system, the offices of the public
1407	defenders, the offices of the state attorneys, and the offices
1408	of the clerks of the circuit and county courts and the
1409	capability to connect those entities and reporting data to the
1410	state as required for the transmission of revenue, performance
1411	accountability, case management, data collection, budgeting, and
1412	auditing purposes. The integrated computer system shall be
1413	operational by July 1, 2006, and, at a minimum, permit the
1414	exchange of financial, performance accountability, case
1415	management, case disposition, and other data across multiple
1416	state and county information systems involving multiple users at
1417	both the state level and within each judicial circuit and be
1418	able to electronically exchange judicial case background data,
1419	sentencing scoresheets, and video evidence information stored in
1420	integrated case management systems over secure networks. Once
1421	the integrated system becomes operational, counties may reject
1422	requests to purchase communication services included in this
1423	subparagraph not in compliance with standards, protocols, or
1424	processes adopted by the board established pursuant to s.
1425	29.0086.
1426	3.  Courier messenger and subpoena services.
1427	4.  Auxiliary aids and services for qualified individuals
1428	with a disability which are necessary to ensure access to the
1429	courts. Such auxiliary aids and services include, but are not
1430	limited to, sign language interpretation services required under
1431	the federal Americans with Disabilities Act other than services
1432	required to satisfy due-process due process requirements and
1433	identified as a state funding responsibility pursuant to ss.
1434	29.004, 29.005, 29.006, and 29.007, real-time transcription
1435	services for individuals who are hearing impaired, and assistive
1436	listening devices and the equipment necessary to implement such
1437	accommodations.
1438	(g)  "Existing radio systems" includes, but is not limited
1439	to, law enforcement radio systems that are used by the circuit
1440	and county courts, the offices of the public defenders, the
1441	offices of the state attorneys, and for court-related functions
1442	of the offices of the clerks of the circuit and county courts.
1443	This includes radio systems that were operational or under
1444	contract at the time Revision No. 7, 1998, to Art. V of the
1445	State Constitution was adopted and any enhancements made
1446	thereafter, the maintenance of those systems, and the personnel
1447	and supplies necessary for operation.
1448	(h)  "Existing multiagency criminal justice information
1449	systems" includes, but is not limited to, those components of
1450	the multiagency criminal justice information system as defined
1451	in s. 943.045, supporting the offices of the circuit or county
1452	courts, the public defenders' offices, the state attorneys'
1453	offices, or those portions of the offices of the clerks of the
1454	circuit and county courts performing court-related functions
1455	that are used to carry out the court-related activities of those
1456	entities. This includes upgrades and maintenance of the current
1457	equipment, maintenance and upgrades of supporting technology
1458	infrastructure and associated staff, and services and expenses
1459	to assure continued information sharing and reporting of
1460	information to the state. The counties shall also provide
1461	additional information technology services, hardware, and
1462	software as needed for new judges and staff of the state courts
1463	system, state attorneys' offices, public defenders' offices, and
1464	the offices of the clerks of the circuit and county courts
1465	performing court-related functions.
1466	Section 17.  Subsection (2) of section 29.015, Florida
1467	Statutes, is amended to read:
1468	29.015  Contingency fund; limitation of authority to
1469	transfer funds in contracted due-process due process services
1470	appropriation categories.--
1471	(2)  In the event that a state attorney or public defender
1472	incurs a deficit in a contracted due-process due process
1473	services appropriation category, the following steps shall be
1474	taken in order:
1475	(a)  The state attorney or public defender shall first
1476	attempt to identify surplus funds from other appropriation
1477	categories within his or her office and submit a budget
1478	amendment pursuant to chapter 216 to transfer funds from within
1479	the office.
1480	(b)  In the event that the state attorney or public
1481	defender is unable to identify surplus funds from within his or
1482	her office, he or she shall certify this to the Justice
1483	Administrative Commission along with a complete explanation of
1484	the circumstances which led to the deficit and steps the office
1485	has taken to reduce or alleviate the deficit. The Justice
1486	Administrative Commission shall inquire as to whether any other
1487	office has surplus funds in its contracted due-process due
1488	process services appropriation categories which can be
1489	transferred to the office that is experiencing the deficit. If
1490	other offices indicate that surplus funds are available within
1491	the same appropriation category, the Justice Administrative
1492	Commission shall adjust the initial allocation of funds among
1493	circuits provided that such adjustment is not in conflict with
1494	specific direction provided in the General Appropriations Act
1495	and shall provide notice to the Governor and the chair and vice
1496	chair of the Legislative Budget Commission at least 14 days
1497	prior to making the adjustment. If funds are available from a
1498	different appropriation category, the Justice Administrative
1499	Commission shall request a budget amendment pursuant to all
1500	applicable provisions of chapter 216 request a budget amendment
1501	to transfer funds from the office or offices to alleviate the
1502	deficit upon agreement of the contributing office or offices.
1503	(c)  If no office indicates that surplus funds are
1504	available to alleviate the deficit, the Justice Administrative
1505	Commission may request a budget amendment to transfer funds from
1506	the contingency fund. Such transfers shall be in accordance with
1507	all applicable provisions of chapter 216 and shall be subject to
1508	review and approval by the Legislative Budget Commission. The
1509	Justice Administrative Commission shall submit the documentation
1510	provided by the office explaining the circumstances that led to
1511	the deficit and the steps taken by the office and the Justice
1512	Administrative Commission to identify surplus funds to the
1513	Legislative Budget Commission.
1514	Section 18.  Section 29.018, Florida Statutes, is amended
1515	to read:
1516	29.018  Cost sharing of due-process services due process
1517	costs; legislative intent.--It is the intent of the Legislature
1518	to provide state-funded due-process due process services to the
1519	state courts system, state attorneys, public defenders, and
1520	court-appointed counsel in the most cost-effective and efficient
1521	manner. The state courts system, state attorneys, public
1522	defenders, and the Justice Administrative Commission on behalf
1523	of court-appointed counsel may enter into contractual agreements
1524	to share, on a pro rata basis, the costs associated with court
1525	reporting services, court interpreter and translation services,
1526	court experts, and all other due-process due process services
1527	funded by the state pursuant to this chapter. These costs shall
1528	be budgeted within the funds appropriated to each of the
1529	affected users of services.
1530	Section 19.  Subsection (1) of section 34.045, Florida
1531	Statutes, is amended to read:
1532	34.045  Cost recovery; use of the county court for
1533	ordinance or special law violations.--
1534	(1)(a)  In lieu of payment of a filing fee under s. 34.041,
1535	a filing fee of $10 shall be paid by a county or municipality
1536	when filing a violation of a county or municipal ordinance or a
1537	violation of a special law in county court. This fee shall be
1538	paid to the clerk of the court for performing court-related
1539	functions. A county or municipality is not required to pay more
1540	than one filing fee for a single filing against a single
1541	defendant that contains multiple alleged violations. A filing
1542	fee, other than that imposed under this section, may not be
1543	assessed for initiating an enforcement proceeding in county
1544	court for a violation of a county or municipal code or ordinance
1545	or a violation of a special law. The filing fee shall not apply
1546	to instances in which a county or municipality has contracted
1547	with the state, or has been delegated by the state,
1548	responsibility for enforcing state operations, policies, or
1549	requirements under s. 125.69, s. 166.0415, or chapter 162.
1550	(b)  No other filing fee may be assessed for filing the
1551	violation in county court. If a person contests the violation in
1552	court, the court shall assess $40 in costs against the
1553	nonprevailing party. The county or municipality shall be
1554	considered the prevailing party when there is a plea or finding
1555	of violation or guilt to any count or lesser included offense of
1556	the charge or companion case charges, regardless of
1557	adjudication. Costs Cost recovered pursuant to this paragraph
1558	shall be deposited into the clerk's fine and forfeiture fund
1559	established pursuant to s. 142.01.
1560	(c)  If the person does not contest the violation in court
1561	or if the county or municipality is the prevailing party, the
1562	court shall assess the person or nonprevailing party $10 for the
1563	filing fee provided in paragraph (a), which amount shall be
1564	forwarded to the county or municipality.
1565	Section 20.  Section 34.191, Florida Statutes, is amended
1566	to read:
1567	34.191  Fines and forfeitures; dispositions.--
1568	(1)  All fines and forfeitures arising from offenses tried
1569	in the county court shall be collected and accounted for by the
1570	clerk of the court and, other than the charge provided in s.
1571	318.1215, disbursed in accordance with ss. 28.2402, 34.045,
1572	142.01, and 142.03 142.13 and subject to the provisions of s.
1573	28.246(5) and (6). Notwithstanding the provisions of this
1574	section, all fines and forfeitures arising from operation of the
1575	provisions of s. 318.1215 shall be disbursed in accordance with
1576	that section.
1577	(2)  All fines and forfeitures received from violations of
1578	municipal ordinances committed within a municipality within the
1579	territorial jurisdiction of the county court, other than the
1580	charge provided in s. 318.1215, shall be paid monthly to the
1581	municipality except as provided in s. 28.2402(2), s. 34.045(2),
1582	s. 318.21, or s. 943.25. A municipality does not include the
1583	unincorporated areas, if any, of a government created pursuant
1584	to s. 6(e), Art. VIII of the State Constitution.
1585	(3)  All other fines and forfeitures collected by the
1586	clerk, other than the charge provided in s. 318.1215, shall be
1587	considered income of the office of the clerk for use in
1588	performing court-related duties of the office.
1589	Section 21.  Subsection (3) of section 39.0132, Florida
1590	Statutes, is amended to read:
1591	39.0132  Oaths, records, and confidential information.--
1592	(3)  The clerk shall keep all court records required by
1593	this chapter separate from other records of the circuit court.
1594	All court records required by this chapter shall not be open to
1595	inspection by the public. All records shall be inspected only
1596	upon order of the court by persons deemed by the court to have a
1597	proper interest therein, except that, subject to the provisions
1598	of s. 63.162, a child and the parents of the child and their
1599	attorneys, guardian ad litem, law enforcement agencies, and the
1600	department and its designees shall always have the right to
1601	inspect and copy any official record pertaining to the child.
1602	The Justice Administrative Commission may inspect court dockets
1603	required by this chapter as necessary to audit compensation of
1604	court-appointed attorneys. If the docket is insufficient for
1605	purposes of the audit, the commission may petition the court for
1606	additional documentation as necessary and appropriate. The court
1607	may permit authorized representatives of recognized
1608	organizations compiling statistics for proper purposes to
1609	inspect and make abstracts from official records, under whatever
1610	conditions upon their use and disposition the court may deem
1611	proper, and may punish by contempt proceedings any violation of
1612	those conditions.
1613	Section 22.  Subsection (1) of section 39.821, Florida
1614	Statutes, is amended to read:
1615	39.821  Qualifications of guardians ad litem.--
1616	(1)  Because of the special trust or responsibility placed
1617	in a guardian ad litem, the Guardian Ad Litem Program may use
1618	any private funds collected by the program, or any state funds
1619	so designated, to conduct a security background investigation
1620	before certifying a volunteer to serve. A security background
1621	investigation must include, but need not be limited to,
1622	employment history checks, checks of references, local criminal
1623	records checks through local law enforcement agencies, and
1624	statewide criminal records checks through the Department of Law
1625	Enforcement. Upon request, an employer shall furnish a copy of
1626	the personnel record for the employee or former employee who is
1627	the subject of a security background investigation conducted
1628	under this section. The information contained in the personnel
1629	record may include, but need not be limited to, disciplinary
1630	matters and the reason why the employee was terminated from
1631	employment. An employer who releases a personnel record for
1632	purposes of a security background investigation is presumed to
1633	have acted in good faith and is not liable for information
1634	contained in the record without a showing that the employer
1635	maliciously falsified the record. A security background
1636	investigation conducted under this section must ensure that a
1637	person is not certified as a guardian ad litem if the person has
1638	been convicted of, regardless of adjudication, or entered a plea
1639	of nolo contendere or guilty to, any offense prohibited under
1640	the provisions of the Florida Statutes specified in s. 435.04(2)
1641	or under any similar law in another jurisdiction. Before
1642	certifying an applicant to serve as a guardian ad litem, the
1643	Guardian Ad Litem Program chief judge of the circuit court may
1644	request a federal criminal records check of the applicant
1645	through the Federal Bureau of Investigation. In analyzing and
1646	evaluating the information obtained in the security background
1647	investigation, the program must give particular emphasis to past
1648	activities involving children, including, but not limited to,
1649	child-related criminal offenses or child abuse. The program has
1650	the sole discretion in determining whether to certify a person
1651	based on his or her security background investigation. The
1652	information collected pursuant to the security background
1653	investigation is confidential and exempt from s. 119.07(1).
1654	Section 23.  Section 39.822, Florida Statutes, is amended
1655	to read:
1656	39.822  Appointment of guardian ad litem for abused,
1657	abandoned, or neglected child.--
1658	(1)  A guardian ad litem shall be appointed by the court at
1659	the earliest possible time to represent the child in any child
1660	abuse, abandonment, or neglect judicial proceeding, whether
1661	civil or criminal. Any person participating in a civil or
1662	criminal judicial proceeding resulting from such appointment
1663	shall be presumed prima facie to be acting in good faith and in
1664	so doing shall be immune from any liability, civil or criminal,
1665	that otherwise might be incurred or imposed.
1666	(2)  In those cases in which the parents are financially
1667	able, the parent or parents of the child shall reimburse the
1668	court, in part or in whole, for the cost of provision of
1669	guardian ad litem services. Reimbursement to the individual
1670	providing guardian ad litem services shall not be contingent
1671	upon successful collection by the court from the parent or
1672	parents.
1673	(3)  Upon presentation by a guardian ad litem of a court
1674	order appointing the guardian ad litem:
1675	(a)  An agency, as defined in chapter 119, shall allow the
1676	guardian ad litem to inspect and copy records related to the
1677	best interests of the child who is the subject of the
1678	appointment, including, but not limited to, records made
1679	confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of
1680	the State Constitution. The guardian ad litem shall maintain the
1681	confidential or exempt status of any records shared by an agency
1682	under this paragraph.
1683	(b)  A person or organization, other than an agency under
1684	paragraph (a), shall allow the guardian ad litem to inspect and
1685	copy any records related to the best interests of the child who
1686	is the subject of the appointment, including, but not limited
1687	to, confidential records.
1688
1689	For the purposes of this subsection, the term "records related
1690	to the best interests of the child" includes, but is not limited
1691	to, medical, mental health, substance abuse, child care,
1692	education, law enforcement, court, social services, and
1693	financial records.
1694	(4)(3)  The guardian ad litem or the program representative
1695	shall review all disposition recommendations and changes in
1696	placements, and must be present at all critical stages of the
1697	dependency proceeding or submit a written report of
1698	recommendations to the court. Written reports must be filed with
1699	the court and served on all parties whose whereabouts are known
1700	at least 72 hours prior to the hearing.
1701	Section 24.  Subsection (1) of section 40.29, Florida
1702	Statutes, is amended to read:
1703	40.29  Payment of due-process due process costs.--
1704	(1)(a)  Each clerk of the circuit court, on behalf of the
1705	courts, the state attorney, court-appointed counsel, and the
1706	public defender, shall forward to the Justice Administrative
1707	Commission, by county, a quarterly estimate of funds necessary
1708	to pay for ordinary witnesses, including, but not limited to,
1709	witnesses in civil traffic cases and witnesses of the state
1710	attorney, public defender, court-appointed counsel, and persons
1711	determined to be indigent for costs except expert witnesses paid
1712	pursuant to a contract or other professional services agreement,
1713	pursuant to ss. 29.005 and 29.006. Each quarter of the state
1714	fiscal year, the commission, based upon the estimates, shall
1715	advance funds to each clerk to pay for these ordinary witnesses
1716	from state funds specifically appropriated for the payment of
1717	ordinary witnesses.
1718	(b)  Each clerk of the circuit court shall forward to the
1719	Office of the State Courts Administrator, by county, a quarterly
1720	estimate of funds necessary to pay juror compensation.
1721	Section 25.  Section 40.355, Florida Statutes, is created
1722	to read:
1723	40.355  Accounting and payment to public defenders and
1724	state attorneys.--The clerk of the court shall, within 2 weeks
1725	after the last day of the state's fiscal year, render to the
1726	state attorney and the public defender in each circuit a full
1727	statement of accounts for moneys received and disbursed under
1728	this chapter and, upon request of the state attorney or public
1729	defender, shall refund to the state attorney or public defender
1730	any balance.
1731	Section 26.  Subsection (7) is added to section 43.16,
1732	Florida Statutes, to read:
1733	43.16  Justice Administrative Commission; membership,
1734	powers and duties.--
1735	(7)  Chapter 120 does not apply to the Justice
1736	Administrative Commission.
1737	Section 27.  Subsection (6) is added to section 43.26,
1738	Florida Statutes, to read:
1739	43.26  Chief judge of circuit; selection; powers.--
1740	(6)  The chief judge of each circuit is charged by s. 2(d),
1741	Article V of the Florida Constitution and this section with the
1742	authority to promote the prompt and efficient administration of
1743	justice in the courts over which he or she is chief judge. The
1744	clerks of court provide court-related functions which are
1745	essential to the orderly administration of the judicial branch.
1746	The chief judge of each circuit shall consult with each clerk of
1747	court to determine the priority of services provided by the
1748	clerk of court to the trial court pursuant to s. 28.35(4)(a).
1749	Section 28.  Paragraph (b) of subsection (4) of section
1750	44.102, Florida Statutes, is amended to read:
1751	44.102  Court-ordered mediation.--
1752	(4)  The chief judge of each judicial circuit shall
1753	maintain a list of mediators who have been certified by the
1754	Supreme Court and who have registered for appointment in that
1755	circuit.
1756	(b)  Nonvolunteer mediators shall be compensated according
1757	to rules adopted by the Supreme Court. If a mediation program is
1758	funded pursuant to s. 44.108, a mediator may be compensated by
1759	the county or by the parties. When a party has been declared
1760	indigent or insolvent, that party's pro rata share of a
1761	mediator's compensation shall be paid by the county at the rate
1762	set by administrative order of the chief judge of the circuit.
1763	Section 29.  Section 44.108, Florida Statutes, is amended
1764	to read:
1765	44.108  Funding of mediation and arbitration.--
1766	(1)  Mediation and arbitration should be accessible to all
1767	parties regardless of financial status. A filing fee of $1 is
1768	levied on all proceedings in the circuit or county courts to
1769	fund mediation and arbitration services which are the
1770	responsibility of the Supreme Court pursuant to the provisions
1771	of s. 44.106. The clerk of the court shall forward the moneys
1772	collected to the Department of Revenue for deposit in the state
1773	courts' Mediation and Arbitration Trust Fund.
1774	(2)  When court-ordered mediation services are provided by
1775	a circuit court's mediation program, the following fees, unless
1776	otherwise established in the General Appropriations Act, shall
1777	be collected by the clerk of court:
1778	(a)  Eighty dollars per person per scheduled session in
1779	family mediation when the parties' combined income is greater
1780	than $50,000, but less than $100,000 per year;
1781	(b)  Forty dollars per person per scheduled session in
1782	family mediation when the parties' combined income is less than
1783	$50,000; or
1784	(c)  Forty dollars per person per scheduled session in
1785	county court cases.
1786
1787	No mediation fees shall be assessed under this subsection in
1788	residential eviction cases, against a party found to be
1789	indigent, or for any small claims action. Fees collected by the
1790	clerk of court pursuant to this section shall be remitted to the
1791	Department of Revenue for deposit into the state courts'
1792	Mediation and Arbitration Trust Fund to fund court-ordered
1793	mediation. The clerk of court may deduct $1 per fee assessment
1794	for processing this fee. The clerk of the court shall submit to
1795	the chief judge of the circuit, no later than 30 days after the
1796	end of each quarter, a report specifying the amount of funds
1797	collected under this section during each quarter of the fiscal
1798	year.
1799	Section 30.  Section 57.082, Florida Statutes, is created
1800	to read:
1801	57.082  Determination of civil indigent status.--
1802	(1)  APPLICATION TO THE CLERK.--A person seeking
1803	appointment of a private attorney in a civil case eligible for
1804	court-appointed counsel, or seeking relief from prepayment of
1805	fees and costs under s. 57.081, based upon an inability to pay
1806	must apply to the clerk of the court for a determination of
1807	civil indigent status using an application form developed by the
1808	Florida Clerks of Court Operations Corporation with final
1809	approval by the Supreme Court.
1810	(a)  The application must include, at a minimum, the
1811	following financial information:
1812	1.  Net income, consisting of total salary and wages, minus
1813	deductions required by law, including court-ordered support
1814	payments.
1815	2.  Other income, including, but not limited to, social
1816	security benefits, union funds, veterans' benefits, workers'
1817	compensation, other regular support from absent family members,
1818	public or private employee pensions, unemployment compensation,
1819	dividends, interest, rent, trusts, and gifts.
1820	3.  Assets, including, but not limited to, cash, savings
1821	accounts, bank accounts, stocks, bonds, certificates of deposit,
1822	equity in real estate, and equity in a boat or a motor vehicle
1823	or in other tangible property.
1824	4.  All liabilities and debts.
1825
1826	The application must include a signature by the applicant which
1827	attests to the truthfulness of the information provided. The
1828	application form developed by the corporation must include
1829	notice that the applicant may seek court review of a clerk's
1830	determination that the applicant is not indigent, as provided in
1831	this section.
1832	(b)  The clerk shall assist a person who appears before the
1833	clerk and requests assistance in completing the application and
1834	the clerk shall notify the court if a person is unable to
1835	complete the application after the clerk has provided
1836	assistance.
1837	(c)  The clerk shall accept an application that is signed
1838	by the applicant and submitted on his or her behalf by a private
1839	attorney who is representing the applicant in the applicable
1840	matter.
1841	(2)  DETERMINATION BY THE CLERK.--The clerk of the court
1842	shall determine whether an applicant seeking such designation is
1843	indigent based upon the information provided in the application
1844	and the criteria prescribed in this subsection.
1845	(a)1.  An applicant, including an applicant who is a minor
1846	or an adult tax-dependent person, is indigent if the applicant's
1847	income is equal to or below 200 percent of the then-current
1848	federal poverty guidelines prescribed for the size of the
1849	household of the applicant by the United States Department of
1850	Health and Human Services.
1851	2.  There is a presumption that the applicant is not
1852	indigent if the applicant owns, or has equity in, any intangible
1853	or tangible personal property or real property or the expectancy
1854	of an interest in any such property having a net equity value of
1855	$2,500 or more, excluding the value of the person's homestead
1856	and one vehicle having a net value not exceeding $5,000.
1857	(b)  Based upon its review, the clerk shall make one of the
1858	following determinations:
1859	1.  The applicant is not indigent.
1860	2.  The applicant is indigent.
1861	(c)  If the clerk determines that the applicant is
1862	indigent, the clerk shall immediately file the determination in
1863	the case record.
1864	(d)  The duty of the clerk in determining whether an
1865	applicant is indigent is limited to receiving the application
1866	and comparing the information provided in the application to the
1867	criteria prescribed in this subsection. The determination of
1868	indigent status is a ministerial act of the clerk and may not be
1869	based on further investigation or the exercise of independent
1870	judgment by the clerk. The clerk may contract with third parties
1871	to perform functions assigned to the clerk under this section.
1872	(e)  The applicant may seek review of the clerk's
1873	determination that the applicant is not indigent in the court
1874	having jurisdiction over the matter by filing a petition to
1875	review the clerk's determination of nonindigent status for which
1876	a filing fee may not be charged. If the applicant seeks review
1877	of the clerk's determination of indigent status, the court shall
1878	make a final determination as provided in subsection (4).
1879	(3)  APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.--If the
1880	clerk of the court has not made a determination of indigent
1881	status at the time a person requests appointment of a private
1882	attorney in a civil case eligible for court-appointed counsel,
1883	the court shall make a preliminary determination of indigent
1884	status, pending further review by the clerk, and may, by court
1885	order, appoint private counsel on an interim basis.
1886	(4)  REVIEW OF THE CLERK'S DETERMINATION.--
1887	(a)  If the clerk of the court determines that the
1888	applicant is not indigent and the applicant seeks review of the
1889	clerk's determination, the court shall make a final
1890	determination of indigent status by reviewing the information
1891	provided in the application against the criteria prescribed in
1892	subsection (2) and by considering the following additional
1893	factors:
1894	1.  Whether paying for private counsel or other fees and
1895	costs creates a substantial hardship for the applicant or the
1896	applicant's family.
1897	2.  Whether the applicant is proceeding pro se or is
1898	represented by a private attorney for a fee or on a pro-bono
1899	basis.
1900	3.  When the applicant retained private counsel.
1901	4.  The amount of any attorney's fees and who is paying the
1902	fees.
1903	5.  Any other relevant financial circumstances of the
1904	applicant or the applicant's family.
1905	(b)  Based upon its review, the court shall make one of the
1906	following determinations and shall, if appropriate, appoint
1907	private counsel:
1908	1.  The applicant is not indigent.
1909	2.  The applicant is indigent.
1910	(5)  PROCESSING CHARGE; PAYMENT PLANS.--A person who the
1911	clerk or the court determines is indigent for civil proceedings
1912	under this section shall be enrolled in a payment plan under s.
1913	28.246 and shall be charged a one-time administrative processing
1914	charge under s. 28.24(26)(c). A monthly payment amount,
1915	calculated based upon all fees and all anticipated costs, is
1916	presumed to correspond to the person's ability to pay if it does
1917	not exceed 2 percent of the person's annual net income, as
1918	defined in subsection (1), divided by 12. The person may seek
1919	review of the clerk's decisions regarding a payment plan
1920	established under s. 28.246 in the court having jurisdiction
1921	over the matter. A case may not be impeded in any way, delayed
1922	in filing, or delayed in its progress, including the final
1923	hearing and order, due to nonpayment of any fees by an indigent
1924	person.
1925	(6)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
1926	(a)  If the court learns of discrepancies between the
1927	application and the actual financial status of the person found
1928	to be indigent, the court shall determine whether the status and
1929	any relief provided as a result of that status shall be revoked.
1930	The person may be heard regarding the information learned by the
1931	court. If the court, based on the information, determines that
1932	the person is not indigent, the court shall revoke the provision
1933	of any relief under this section.
1934	(b)  If the court has reason to believe that any applicant,
1935	through fraud or misrepresentation, was improperly determined to
1936	be indigent, the matter shall be referred to the state attorney.
1937	Twenty-five percent of any amount recovered by the state
1938	attorney as reasonable value of the services rendered, including
1939	fees, charges, and costs paid by the state on the person's
1940	behalf, shall be remitted to the Department of Revenue for
1941	deposit into the Grants and Donations Trust Fund within the
1942	Justice Administrative Commission. Seventy-five percent of any
1943	amount recovered shall be remitted to the Department of Revenue
1944	for deposit into the General Revenue Fund.
1945	(c)  A person who knowingly provides false information to
1946	the clerk or the court in seeking a determination of indigent
1947	status under this section commits a misdemeanor of the first
1948	degree, punishable as provided in s. 775.082 or s. 775.083.
1949	Section 31.  Subsection (1) of section 92.142, Florida
1950	Statutes, is amended to read:
1951	92.142  Witnesses; pay.--
1952	(1)  Witnesses in all cases, civil and criminal, in all
1953	courts, now or hereafter created, and witnesses summoned before
1954	any arbitrator or general or special magistrate appointed by the
1955	court shall receive for each day's actual attendance $5 and also
1956	6 cents per mile for actual distance traveled to and from the
1957	courts. A witness in a criminal case required to appear in a
1958	county other than the county of his or her residence and
1959	residing more than 50 miles from the location of the trial shall
1960	be entitled to per diem and travel expenses at the same rate
1961	provided for state employees under s. 112.061, in lieu of any
1962	other witness fee at the discretion of the court.
1963	Section 32.  Effective July 1, 2006, subsections (2) and
1964	(3) of section 92.231, Florida Statutes, are amended to read:
1965	92.231  Expert witnesses; fee.--
1966	(2)  Any expert or skilled witness who shall have testified
1967	in any cause shall be allowed a witness fee including the cost
1968	of any exhibits used by such witness in an amount agreed to by
1969	the parties, and the same shall be taxed as costs. In instances
1970	where services are provided for the state, including for state-
1971	paid private court-appointed counsel, payment from state funds
1972	shall be in accordance with standards adopted by the Legislature
1973	after receiving recommendations from the Article V Indigent
1974	Services Advisory Board.
1975	(3)  In a criminal case in which the state or an indigent
1976	defendant requires the services of an expert witness whose
1977	opinion is relevant to the issues of the case, the expert
1978	witness shall be compensated in accordance with standards
1979	adopted by the Legislature after receiving recommendations from
1980	the Article V Indigent Services Advisory Board.
1981	Section 33.  Paragraph (c) of subsection (2) of section
1982	110.205, Florida Statutes, is amended to read:
1983	110.205  Career service; exemptions.--
1984	(2)  EXEMPT POSITIONS.--The exempt positions that are not
1985	covered by this part include the following:
1986	(c)  All members, officers, and employees of the judicial
1987	branch and the Justice Administrative Commission.
1988	Section 34.  Subsection (1) of section 116.01, Florida
1989	Statutes, is amended to read:
1990	116.01  Payment of public funds into treasury.--
1991	(1)  Every state and county officer within this state
1992	authorized to collect funds due the state or county shall pay
1993	all sums officially received by the officer into the state or
1994	county treasury not later than 7 working days from the close of
1995	the week in which the officer received the funds. Funds received
1996	by the county officer on behalf of the state shall be deposited
1997	directly to the account of the State Treasury not later than 7
1998	working days from the close of the week in which the officer
1999	received the funds. The clerk of the court, when collecting
2000	funds as part of the clerk's court-related functions, must remit
2001	those funds as required under s. 28.245.
2002	Section 35.  Paragraph (gg) of subsection (6) of section
2003	119.07, Florida Statutes, is amended to read:
2004	119.07  Inspection and copying of records; photographing
2005	public records; fees; exemptions.--
2006	(6)
2007	(gg)1.  Until January 1, 2007 2006, if a social security
2008	number, made confidential and exempt pursuant to s. 119.0721,
2009	created pursuant to s. 1, ch. 2002-256, passed during the 2002
2010	regular legislative session, or a complete bank account, debit,
2011	charge, or credit card number made exempt pursuant to paragraph
2012	(dd), created pursuant to s. 1, ch. 2002-257, passed during the
2013	2002 regular legislative session, is or has been included in a
2014	court file, such number may be included as part of the court
2015	record available for public inspection and copying unless
2016	redaction is requested by the holder of such number, or by the
2017	holder's attorney or legal guardian, in a signed, legibly
2018	written request specifying the case name, case number, document
2019	heading, and page number. The request must be delivered by mail,
2020	facsimile, electronic transmission, or in person to the clerk of
2021	the circuit court. The clerk of the circuit court does not have
2022	a duty to inquire beyond the written request to verify the
2023	identity of a person requesting redaction. A fee may not be
2024	charged for the redaction of a social security number or a bank
2025	account, debit, charge, or credit card number pursuant to such
2026	request.
2027	2.  Any person who prepares or files a document to be
2028	recorded in the official records by the county recorder as
2029	provided in chapter 28 may not include a person's social
2030	security number or complete bank account, debit, charge, or
2031	credit card number in that document unless otherwise expressly
2032	required by law. Until January 1, 2007 2006, if a social
2033	security number or a complete bank account, debit, charge or
2034	credit card number is or has been included in a document
2035	presented to the county recorder for recording in the official
2036	records of the county, such number may be made available as part
2037	of the official record available for public inspection and
2038	copying. Any person, or his or her attorney or legal guardian,
2039	may request that a county recorder remove from an image or copy
2040	of an official record placed on a county recorder's publicly
2041	available Internet website, or a publicly available Internet
2042	website used by a county recorder to display public records
2043	outside the office or otherwise made electronically available
2044	outside the county recorder's office to the general public, his
2045	or her social security number or complete account, debit,
2046	charge, or credit card number contained in that official record.
2047	Such request must be legibly written, signed by the requester,
2048	and delivered by mail, facsimile, electronic transmission, or in
2049	person to the county recorder. The request must specify the
2050	identification page number of the document that contains the
2051	number to be redacted. The county recorder does not have a duty
2052	to inquire beyond the written request to verify the identity of
2053	a person requesting redaction. A fee may not be charged for
2054	redacting such numbers.
2055	3.  Upon the effective date of this act, subsections (3)
2056	and (4) of s. 119.0721, do not apply to the clerks of the court
2057	or the county recorder with respect to circuit court records and
2058	official records.
2059	4.  On January 1, 2007 2006, and thereafter, the clerk of
2060	the circuit court and the county recorder must keep complete
2061	bank account, debit, charge, and credit card numbers exempt as
2062	provided for in paragraph (dd), and must keep social security
2063	numbers confidential and exempt as provided for in s. 119.0721,
2064	without any person having to request redaction.
2065	Section 36.  Subsection (4) of section 142.01, Florida
2066	Statutes, is amended to read:
2067	142.01  Fine and forfeiture fund; clerk of the circuit
2068	court.--There shall be established by the clerk of the circuit
2069	court in each county of this state a separate fund to be known
2070	as the fine and forfeiture fund for use by the clerk of the
2071	circuit court in performing court-related functions. The fund
2072	shall consist of the following:
2073	(4)  Proceeds from forfeited bail bonds, unclaimed bonds,
2074	unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
2075	372.72(1), and 903.26(3)(a).
2076
2077	Notwithstanding the provisions of this section, all fines and
2078	forfeitures arising from operation of the provisions of s.
2079	318.1215 shall be disbursed in accordance with that section.
2080	Section 37.  Subsection (5) is added to section 213.13,
2081	Florida Statutes, to read:
2082	213.13  Electronic remittance and distribution of funds
2083	collected by clerks of the court.--
2084	(5)  All court-related collections, including fees, fines,
2085	reimbursements, court costs, and other court-related funds that
2086	the clerks must remit to the state pursuant to law, must be
2087	transmitted electronically by the 20th day of the month
2088	immediately following the month in which the funds are
2089	collected.
2090	Section 38.  Section 219.07, Florida Statutes, is amended
2091	to read:
2092	219.07  Disbursements.--Each officer shall, not later than
2093	7 working days from the close of the week in which the officer
2094	received the funds, distribute the money which is required to be
2095	paid to other officers, agencies, funds, or persons entitled to
2096	receive the same; provided, that distributions or partial
2097	distributions may be made more frequently; and provided further,
2098	that money required by law or court order, or by the purpose for
2099	which it was collected, to be held and disbursed for a
2100	particular purpose in a manner different from that set out
2101	herein shall be held and disbursed accordingly. Further, money
2102	collected by the county officer on behalf of the state, except
2103	for money collected by the clerk of the court as part of court-
2104	related functions, shall be deposited directly to the account of
2105	the State Treasury not later than 7 working days from the close
2106	of the week in which the officer received the funds. The clerk
2107	of the court, when collecting money as part of the clerk's
2108	court-related functions, must remit that money as required under
2109	s. 28.245.
2110	Section 39.  Subsection (1) of section 219.075, Florida
2111	Statutes, is amended to read:
2112	219.075  Investment of surplus funds by county officers.--
2113	(1)(a)  Except when another procedure is prescribed by law
2114	or by ordinance as to particular funds, a tax collector or any
2115	other county officer having, receiving, or collecting any money,
2116	either for his or her office or on behalf of and subject to
2117	subsequent distribution to another officer of state or local
2118	government, while such money is in excess of that required to
2119	meet current expenses or is pending distribution, shall invest
2120	such money, without limitation, as provided in s. 218.415.
2121	(b)  These investments shall be planned so as not to slow
2122	the normal distribution of the subject funds. The investment
2123	earnings shall be reasonably apportioned and allocated and shall
2124	be credited to the account of, and paid to, the office or
2125	distributee, together with the principal on which such earnings
2126	accrued.
2127	(c)  This section does not apply to the clerk of the
2128	circuit court with respect to money collected as part of the
2129	clerk's court-related functions. The clerk, however, shall remit
2130	this money as provided under s. 28.245.
2131	Section 40.  Section 318.121, Florida Statutes, is amended
2132	to read:
2133	318.121  Preemption of additional fees, fines, surcharges,
2134	and costs.--Notwithstanding any general or special law, or
2135	municipal or county ordinance, additional fees, fines,
2136	surcharges, or costs other than the court costs and surcharges
2137	assessed under s. 318.18(11) and (13), may not be added to the
2138	civil traffic penalties assessed in this chapter.
2139	Section 41.  Subsection (13) of section 318.18, Florida
2140	Statutes, is amended to read:
2141	318.18  Amount of civil penalties.--The penalties required
2142	for a noncriminal disposition pursuant to s. 318.14 are as
2143	follows:
2144	(13)  In addition to any penalties imposed for noncriminal
2145	traffic infractions pursuant to this chapter or imposed for
2146	criminal violations listed in s. 318.17, a board of county
2147	commissioners or any unit of local government which is
2148	consolidated as provided by s. 9, Art. VIII of the State
2149	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
2150	Constitution of 1968:
2151	(a)  May impose by ordinance a surcharge of up to $15 for
2152	any infraction or violation to fund state court facilities. The
2153	court shall not waive this surcharge. Up to 25 percent of the
2154	revenue from such surcharge may be used to support local law
2155	libraries provided that the county or unit of local government
2156	provides a level of service equal to that provided prior to July
2157	1, 2004, which shall include the continuation of library
2158	facilities located in or near the county courthouse or annexes.
2159	(b)  That imposed increased fees or service charges by
2160	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
2161	purpose of securing payment of the principal and interest on
2162	bonds issued by the county before July 1, 2003, to finance state
2163	court facilities, may impose by ordinance a surcharge for any
2164	infraction or violation for the exclusive purpose of securing
2165	payment of the principal and interest on bonds issued by the
2166	county before July 1, 2003, to fund state court facilities until
2167	the date of stated maturity. The court shall not waive this
2168	surcharge. Such surcharge may not exceed an amount per violation
2169	calculated as the quotient of the maximum annual payment of the
2170	principal and interest on the bonds as of July 1, 2003, divided
2171	by the number of traffic citations for county fiscal year 2002-
2172	2003 certified as paid by the clerk of the court of the county.
2173	Such quotient shall be rounded up to the next highest dollar
2174	amount. The bonds may be refunded only if savings will be
2175	realized on payments of debt service and the refunding bonds are
2176	scheduled to mature on the same date or before the bonds being
2177	refunded.
2178
2179	A county may not impose both of the surcharges authorized under
2180	paragraphs (a) and (b) concurrently. The clerk of court shall
2181	report, no later than 30 days after the end of the quarter, the
2182	amount of funds collected under this subsection during each
2183	quarter of the fiscal year. The clerk shall submit the report,
2184	in a format developed by the Office of State Courts
2185	Administrator, to the chief judge of the circuit, the Governor,
2186	the President of the Senate, and the Speaker of the House of
2187	Representatives.
2188	Section 42.  Paragraph (g) of subsection (2) of section
2189	318.21, Florida Statutes, is amended to read:
2190	318.21  Disposition of civil penalties by county
2191	courts.--All civil penalties received by a county court pursuant
2192	to the provisions of this chapter shall be distributed and paid
2193	monthly as follows:
2194	(2)  Of the remainder:
2195	(g)1.  If the violation occurred within a special
2196	improvement district of the Seminole Indian Tribe or Miccosukee
2197	Indian Tribe, 56.4 percent shall be paid to that special
2198	improvement district.
2199	2.  If the violation occurred within a municipality, 50.8
2200	percent shall be paid to that municipality and 5.6 percent shall
2201	be deposited into the fine and forfeiture trust fund established
2202	pursuant to s. 142.01.
2203	3.  If the violation occurred within the unincorporated
2204	area of a county, including the unincorporated areas, if any, of
2205	a government created pursuant to s. 6(e), Article VIII of the
2206	State Constitution, that is not within a special improvement
2207	district of the Seminole Indian Tribe or Miccosukee Indian
2208	Tribe, 56.4 percent shall be deposited into the fine and
2209	forfeiture fund established pursuant to s. 142.01.
2210	Section 43.  Section 318.31, Florida Statutes, is amended
2211	to read:
2212	318.31  Objectives.--The Supreme Court is hereby requested
2213	to adopt rules and procedures for the establishment and
2214	operation of Civil Traffic Infraction Hearing Officer Programs
2215	under ss. 318.30-318.38. However, the appointment of a hearing
2216	officer shall be at the option of the county electing to
2217	establish such a program, upon recommendation by the county
2218	court judge or judges, as the case may be, and the Chief Judge
2219	of the Circuit and approval by the Chief Justice of the Supreme
2220	Court.
2221	Section 44.  Section 318.325, Florida Statutes, is amended
2222	to read:
2223	318.325  Jurisdiction and procedure for parking
2224	infractions.--Any county or municipality may adopt an ordinance
2225	that allows the county or municipality to refer cases involving
2226	the violation of a county or municipal parking ordinance to a
2227	hearing officer funded by the county or municipality.
2228	Notwithstanding the provisions of ss. 318.14 and 775.08(3), any
2229	parking violation shall be deemed to be an infraction as defined
2230	in s. 318.13(3). However, the violation must be enforced and
2231	disposed of in accordance with the provisions of general law
2232	applicable to parking violations and with the charter or code of
2233	the county or municipality where the violation occurred. The
2234	clerk of the court or the designated traffic violations bureau
2235	must collect and distribute the fines, forfeitures, and court
2236	costs assessed under this section.
2237	Section 45.  Subsection (2) of section 322.29, Florida
2238	Statutes, is amended to read:
2239	322.29  Surrender and return of license.--
2240	(2)  The provisions of subsection (1) to the contrary
2241	notwithstanding, no examination is required for the return of a
2242	license suspended under s. 318.15 or s. 322.245 unless an
2243	examination is otherwise required by this chapter. Every person
2244	applying for the return of a license suspended under s. 318.15
2245	or s. 322.245 shall present to the department certification from
2246	the court that he or she has complied with all obligations and
2247	penalties imposed on him or her pursuant to s. 318.15 or, in the
2248	case of a suspension pursuant to s. 322.245, that he or she has
2249	complied with all directives of the court and the requirements
2250	of s. 322.245 and shall pay to the department a nonrefundable
2251	service fee of $47.50 $35, of which $37.50 $25 shall be
2252	deposited into the General Revenue Fund and $10 shall be
2253	deposited into the Highway Safety Operating Trust Fund. If
2254	reinstated by the clerk of the court or tax collector, $37.50
2255	$25 shall be retained and $10 shall be remitted to the
2256	Department of Revenue for deposit into the Highway Safety
2257	Operating Trust Fund. However, the service fee is not required
2258	if the person is required to pay a $35 fee or $60 fee under the
2259	provisions of s. 322.21.
2260	Section 46.  Subsection (1) of section 372.72, Florida
2261	Statutes, is amended to read:
2262	372.72  Disposition of fines, penalties, and forfeitures.--
2263	(1)  All moneys collected from fines, penalties, proceeds
2264	from unclaimed bonds, or forfeitures of bail of persons
2265	convicted under this chapter shall be deposited in the fine and
2266	forfeiture fund established pursuant to s. 142.01 where such
2267	convictions are had, except for the disposition of moneys as
2268	provided in subsection (2).
2269	Section 47.  Subsection (8) of section 903.26, Florida
2270	Statutes, is amended to read:
2271	903.26  Forfeiture of the bond; when and how directed;
2272	discharge; how and when made; effect of payment.--
2273	(8)  If the defendant is arrested and returned to the
2274	county of jurisdiction of the court prior to judgment, the
2275	clerk, upon affirmation by the sheriff or the chief correctional
2276	officer, shall, without further order of the court, discharge
2277	the forfeiture of the bond. However, if the surety agent fails
2278	to pay the costs and expenses incurred in returning the
2279	defendant to the county of jurisdiction, the clerk shall not
2280	discharge the forfeiture of the bond. If the surety agent and
2281	the sheriff state attorney fail to agree on the amount of said
2282	costs, then the court, after notice to the sheriff and the state
2283	attorney, shall determine the amount of the costs.
2284	Section 48.  Section 903.28, Florida Statutes, is amended
2285	to read:
2286	903.28  Remission of forfeiture; conditions.--
2287	(1)  On application within 2 years from forfeiture, the
2288	court shall order remission of the forfeiture if it determines
2289	that there was no breach of the bond.
2290	(2)  If the defendant surrenders or is apprehended within
2291	90 days after forfeiture, the court, on motion at a hearing upon
2292	notice having been given to the clerk of the circuit court
2293	county attorney and the state attorney as required in subsection
2294	(8), shall direct remission of up to, but not more than, 100
2295	percent of a forfeiture if the surety apprehended and
2296	surrendered the defendant or if the apprehension or surrender of
2297	the defendant was substantially procured or caused by the
2298	surety, or the surety has substantially attempted to procure or
2299	cause the apprehension or surrender of the defendant, and the
2300	delay has not thwarted the proper prosecution of the defendant.
2301	In addition, remission shall be granted when the surety did not
2302	substantially participate or attempt to participate in the
2303	apprehension or surrender of the defendant when the costs of
2304	returning the defendant to the jurisdiction of the court have
2305	been deducted from the remission and when the delay has not
2306	thwarted the proper prosecution of the defendant.
2307	(3)  If the defendant surrenders or is apprehended within
2308	180 days after forfeiture, the court, on motion at a hearing
2309	upon notice having been given to the clerk of the circuit court
2310	county attorney and the state attorney as required in subsection
2311	(8), shall direct remission of up to, but not more than, 95
2312	percent of a forfeiture if the surety apprehended and
2313	surrendered the defendant or if the apprehension or surrender of
2314	the defendant was substantially procured or caused by the
2315	surety, or the surety has substantially attempted to procure or
2316	cause the apprehension or surrender of the defendant, and the
2317	delay has not thwarted the proper prosecution of the defendant.
2318	In addition, remission shall be granted when the surety did not
2319	substantially participate or attempt to participate in the
2320	apprehension or surrender of the defendant when the costs of
2321	returning the defendant to the jurisdiction of the court have
2322	been deducted from the remission and when the delay has not
2323	thwarted the proper prosecution of the defendant.
2324	(4)  If the defendant surrenders or is apprehended within
2325	270 days after forfeiture, the court, on motion at a hearing
2326	upon notice having been given to the clerk of the circuit court
2327	county attorney and the state attorney as required in subsection
2328	(8), shall direct remission of up to, but not more than, 90
2329	percent of a forfeiture if the surety apprehended and
2330	surrendered the defendant or if the apprehension or surrender of
2331	the defendant was substantially procured or caused by the
2332	surety, or the surety has substantially attempted to procure or
2333	cause the apprehension or surrender of the defendant, and the
2334	delay has not thwarted the proper prosecution of the defendant.
2335	In addition, remission shall be granted when the surety did not
2336	substantially participate or attempt to participate in the
2337	apprehension or surrender of the defendant when the costs of
2338	returning the defendant to the jurisdiction of the court have
2339	been deducted from the remission and when the delay has not
2340	thwarted the proper prosecution of the defendant.
2341	(5)  If the defendant surrenders or is apprehended within 1
2342	year after forfeiture, the court, on motion at a hearing upon
2343	notice having been given to the clerk of the circuit court
2344	county attorney and the state attorney as required in subsection
2345	(8), shall direct remission of up to, but not more than, 85
2346	percent of a forfeiture if the surety apprehended and
2347	surrendered the defendant or if the apprehension or surrender of
2348	the defendant was substantially procured or caused by the
2349	surety, or the surety has substantially attempted to procure or
2350	cause the apprehension or surrender of the defendant, and the
2351	delay has not thwarted the proper prosecution of the defendant.
2352	In addition, remission shall be granted when the surety did not
2353	substantially participate or attempt to participate in the
2354	apprehension or surrender of the defendant when the costs of
2355	returning the defendant to the jurisdiction of the court have
2356	been deducted from the remission and when the delay has not
2357	thwarted the proper prosecution of the defendant.
2358	(6)  If the defendant surrenders or is apprehended within 2
2359	years after forfeiture, the court, on motion at a hearing upon
2360	notice having been given to the clerk of the circuit court
2361	county attorney and the state attorney as required in subsection
2362	(8), shall direct remission of up to, but not more than, 50
2363	percent of a forfeiture if the surety apprehended and
2364	surrendered the defendant or if the apprehension or surrender of
2365	the defendant was substantially procured or caused by the
2366	surety, or the surety has substantially attempted to procure or
2367	cause the apprehension or surrender of the defendant, and the
2368	delay has not thwarted the proper prosecution of the defendant.
2369	In addition, remission shall be granted when the surety did not
2370	substantially participate or attempt to participate in the
2371	apprehension or surrender of the defendant when the costs of
2372	returning the defendant to the jurisdiction of the court have
2373	been deducted from the remission and when the delay has not
2374	thwarted the proper prosecution of the defendant.
2375	(7)  The remission of a forfeiture may not be ordered for
2376	any reason other than as specified herein.
2377	(8)  An application for remission must be accompanied by
2378	affidavits setting forth the facts on which it is founded;
2379	however, the surety must establish by further documentation or
2380	other evidence any claimed attempt at procuring or causing the
2381	apprehension or surrender of the defendant before the court may
2382	order remission based upon an attempt to procure or cause such
2383	apprehension or surrender. The clerk of the circuit court and
2384	the state attorney must be given 20 days' notice before a
2385	hearing on an application and be furnished copies of all papers,
2386	applications, and affidavits. Remission shall be granted on the
2387	condition of payment of costs, unless the ground for remission
2388	is that there was no breach of the bond.
2389	(9)  The clerk of the circuit court may enter into a
2390	contract with a private attorney or into an interagency
2391	agreement with a governmental agency to represent the clerk of
2392	the court in an action for the remission of a forfeiture under
2393	this section.
2394	(10)  The clerk of the circuit court is the real party in
2395	interest for all appeals arising from an action for the
2396	remission of a forfeiture under this section.
2397	(11)  Upon remission of bond pursuant to this section, the
2398	clerk of the circuit court shall withhold any unpaid fines,
2399	fees, service charges, and court costs imposed as a matter of
2400	law or ordered by the court.
2401	Section 49.  Section 916.115, Florida Statutes, is amended
2402	to read:
2403	916.115  Appointment of experts.--
2404	(1)(a)  Annually, the department shall provide the courts
2405	with a list of mental health professionals who have completed
2406	approved training as experts.
2407	(b)  The court may appoint no more than three nor fewer
2408	than two experts to determine issues of the mental condition of
2409	a defendant in a criminal case, including the issues of
2410	competency to proceed, insanity, and involuntary hospitalization
2411	or placement. An expert The panel of experts may evaluate the
2412	defendant in jail or in another appropriate local facility.
2413	(c)  To the extent possible, an the appointed expert
2414	experts shall have completed forensic evaluator training
2415	approved by the department and be either a psychiatrist,
2416	licensed psychologist, or physician.
2417	(2)  Expert witnesses appointed by the court to evaluate
2418	the mental condition of a defendant in a criminal case shall be
2419	allowed reasonable fees for services rendered as evaluators of
2420	competence or sanity and as witnesses, which shall be paid by
2421	the county in which the indictment was found or the information
2422	or affidavit was filed.
2423	(a)1.  The court shall pay for any expert that it appoints
2424	by court order, upon motion of counsel for the defendant or the
2425	state or upon its own motion. If the defense or the state
2426	retains an expert and waives the confidentiality of the expert's
2427	report, the court may pay for no more than two additional
2428	experts appointed by court order. If an expert appointed by the
2429	court upon motion of counsel for the defendant specifically to
2430	evaluate the competence of the defendant to proceed also
2431	addresses in his or her evaluation issues related to sanity as
2432	an affirmative defense, the court shall pay only for that
2433	portion of the experts' fees relating to the evaluation on
2434	competency to proceed and the balance of the fees shall be
2435	chargeable to the defense.
2436	2.  Pursuant to s. 29.006, the office of the public
2437	defender shall pay for any expert retained by the office.
2438	3.  Pursuant to s. 29.005, the office of the state attorney
2439	shall pay for any expert retained by the office. Notwithstanding
2440	subparagraph 1., the office of the state attorney shall pay for
2441	any expert whom the office retains and whom the office moves the
2442	court to appoint in order to ensure that the expert has access
2443	to the defendant.
2444	4.  An expert retained by the defendant who is represented
2445	by private counsel appointed under s. 27.5303 shall be paid by
2446	the Justice Administrative Commission.
2447	5.  An expert retained by a defendant who is indigent for
2448	costs as determined by the court and who is represented by
2449	private counsel, other than private counsel appointed under s.
2450	27.5303, on a fee or pro bono basis, or who is representing
2451	himself or herself, shall be paid by the Justice Administrative
2452	Commission from funds specifically appropriated for these
2453	expenses.
2454	(b)  State employees shall be paid expenses pursuant to s.
2455	112.061.
2456	(c)  The fees shall be taxed as costs in the case.
2457	(d)  In order for an expert the experts to be paid for the
2458	services rendered, the expert's report reports and testimony
2459	must explicitly address each of the factors and follow the
2460	procedures set out in this chapter and in the Florida Rules of
2461	Criminal Procedure.
2462	Section 50.  Subsections (2), (3), and (4) of section
2463	916.12, Florida Statutes, are amended to read:
2464	916.12  Mental competence to proceed.--
2465	(2)  An expert The experts shall first determine whether
2466	the person is mentally ill and, if so, consider the factors
2467	related to the issue of whether the defendant meets the criteria
2468	for competence to proceed; that is, whether the defendant has
2469	sufficient present ability to consult with counsel with a
2470	reasonable degree of rational understanding and whether the
2471	defendant has a rational, as well as factual, understanding of
2472	the pending proceedings. A defendant must be evaluated by no
2473	fewer than two experts before the court commits the defendant or
2474	takes other action authorized by this chapter or the Florida
2475	Rules of Criminal Procedure, except if one expert finds that the
2476	defendant is incompetent to proceed and the parties stipulate to
2477	that finding, the court may commit the defendant or take other
2478	action authorized by this chapter or the rules without further
2479	evaluation or hearing, or the court may appoint no more than two
2480	additional experts to evaluate the defendant. Notwithstanding
2481	any stipulation by the state and the defendant, the court may
2482	require a hearing with testimony from the expert or experts
2483	before ordering the commitment of a defendant.
2484	(3)  In considering the issue of competence to proceed, an
2485	the examining expert experts shall first consider and
2486	specifically include in his or her their report the defendant's
2487	capacity to:
2488	(a)  Appreciate the charges or allegations against the
2489	defendant;
2490	(b)  Appreciate the range and nature of possible penalties,
2491	if applicable, that may be imposed in the proceedings against
2492	the defendant;
2493	(c)  Understand the adversarial nature of the legal
2494	process;
2495	(d)  Disclose to counsel facts pertinent to the proceedings
2496	at issue;
2497	(e)  Manifest appropriate courtroom behavior; and
2498	(f)  Testify relevantly;
2499
2500	and include in his or her their report any other factor deemed
2501	relevant by the expert experts.
2502	(4)  If an expert finds the experts should find that the
2503	defendant is incompetent to proceed, the expert experts shall
2504	report on any recommended treatment for the defendant to attain
2505	competence to proceed. In considering the issues relating to
2506	treatment, the examining expert experts shall specifically
2507	report on:
2508	(a)  The mental illness causing the incompetence;
2509	(b)  The treatment or treatments appropriate for the mental
2510	illness of the defendant and an explanation of each of the
2511	possible treatment alternatives in order of choices;
2512	(c)  The availability of acceptable treatment and, if
2513	treatment is available in the community, the expert shall so
2514	state in the report; and
2515	(d)  The likelihood of the defendant's attaining competence
2516	under the treatment recommended, an assessment of the probable
2517	duration of the treatment required to restore competence, and
2518	the probability that the defendant will attain competence to
2519	proceed in the foreseeable future.
2520	Section 51.  Subsection (7) of section 916.301, Florida
2521	Statutes, is amended to read:
2522	916.301  Appointment of experts.--
2523	(7)  Expert witnesses appointed by the court to evaluate
2524	the mental condition of a defendant in a criminal case shall be
2525	allowed reasonable fees for services rendered as evaluators and
2526	as witnesses, which shall be paid by the court county in which
2527	the indictment was found or the information or affidavit was
2528	filed. State employees shall be paid expenses pursuant to s.
2529	112.061. The fees shall be taxed as costs in the case. In order
2530	for the experts to be paid for the services rendered, the
2531	reports and testimony must explicitly address each of the
2532	factors and follow the procedures set out in this chapter and in
2533	the Florida Rules of Criminal Procedure.
2534	Section 52.  Paragraph (b) of subsection (2) of section
2535	938.29, Florida Statutes, is amended to read:
2536	938.29  Legal assistance; lien for payment of attorney's
2537	fees or costs.--
2538	(2)
2539	(b)  A judgment showing the name and residence of the
2540	defendant-recipient or parent shall be recorded in the public
2541	record, without cost, by filed for record in the office of the
2542	clerk of the circuit court in the county where the defendant-
2543	recipient or parent resides and in each county in which such
2544	defendant-recipient or parent then owns or later acquires any
2545	property. Such judgments shall be enforced on behalf of the
2546	state by the clerk of the circuit court of the county in which
2547	assistance was rendered.
2548	Section 53.  Section 939.06, Florida Statutes, is amended
2549	to read:
2550	939.06  Acquitted defendant not liable for costs.--
2551	(1)  A No defendant in a criminal prosecution who is
2552	acquitted or discharged is not shall be liable for any costs or
2553	fees of the court or any ministerial office, or for any charge
2554	of subsistence while detained in custody. If the defendant has
2555	shall have paid any taxable costs, or fees required under s.
2556	27.52(1)(b), in the case, the clerk or judge shall give him or
2557	her a certificate of the payment of such costs, with the items
2558	thereof, which, when audited and approved according to law,
2559	shall be refunded to the defendant.
2560	(2)  To receive a refund under this section, a defendant
2561	must submit a request for the refund to the Justice
2562	Administrative Commission on a form and in a manner prescribed
2563	by the commission. The defendant must attach to the form an
2564	order from the court demonstrating the defendant's right to the
2565	refund and the amount of the refund.
2566	Section 54.  Paragraph (c) is added to subsection (1) of
2567	section 948.09, Florida Statutes, to read:
2568	948.09  Payment for cost of supervision and
2569	rehabilitation.--
2570	(1)
2571	(c)  Offenders placed on probation, drug offender
2572	probation, community control, or in any pre-trial intervention
2573	program by a county court shall pay the court-ordered fines,
2574	fees, costs, service charges, and costs of supervision.
2575	Collections shall be distributed equally between the clerk of
2576	the court for any unpaid court fees, fines, costs, and service
2577	charges and the county for cost of supervision.
2578	Section 55.  Subsection (2) of section 985.05, Florida
2579	Statutes, is amended to read:
2580	985.05  Court records.--
2581	(2)  The clerk shall keep all official records required by
2582	this section separate from other records of the circuit court,
2583	except those records pertaining to motor vehicle violations,
2584	which shall be forwarded to the Department of Highway Safety and
2585	Motor Vehicles. Except as provided in ss. 943.053 and 985.04(4),
2586	official records required by this part are not open to
2587	inspection by the public, but may be inspected only upon order
2588	of the court by persons deemed by the court to have a proper
2589	interest therein, except that a child and the parents,
2590	guardians, or legal custodians of the child and their attorneys,
2591	law enforcement agencies, the Department of Juvenile Justice and
2592	its designees, the Parole Commission, and the Department of
2593	Corrections, and the Justice Administrative Commission shall
2594	always have the right to inspect and copy any official record
2595	pertaining to the child. The court may permit authorized
2596	representatives of recognized organizations compiling statistics
2597	for proper purposes to inspect, and make abstracts from,
2598	official records under whatever conditions upon the use and
2599	disposition of such records the court may deem proper and may
2600	punish by contempt proceedings any violation of those
2601	conditions.
2602	Section 56.  Compensation to traffic court witnesses.--Any
2603	party who secures the attendance of a witness in traffic court
2604	shall bear all costs of calling the witness, including witness
2605	fees. If the witness is required to testify on behalf of the
2606	prosecution, the office of the state attorney of the respective
2607	judicial circuit shall pay the fees and costs of calling the
2608	witness.
2609	Section 57.  Recovery of expenditures for state-funded
2610	services.--The trial court administrator of each circuit shall
2611	recover expenditures for state-funded services when those
2612	services have been furnished to a user of the state court system
2613	who possesses the present ability to pay. The rate of
2614	compensation for such services shall be the actual cost of the
2615	services, including the cost of recovery. The trial court
2616	administrator shall deposit moneys recovered under this section
2617	in the Grants and Donations Trust Fund within the state court
2618	system. The trial court administrator shall recover the costs of
2619	court-reporter services and transcription; court-interpreter
2620	services, including translation; and any other service for which
2621	state funds were used to provide a product or service within the
2622	circuit. This section does not authorize cost recovery from
2623	entities described in ss. 29.005, 29.006, and 29.007.
2624	Section 58.  The amendments to ss. 34.191(2) and
2625	318.21(2)(g)3., Florida Statutes, as made by this act are
2626	intended to reiterate the original intent of the Legislature in
2627	enacting such provisions of law.
2628	Section 59.  (1)  Effective July 1, 2006, section 29.014,
2629	Florida Statutes, is repealed.
2630	(2)  Section 318.37, Florida Statutes, is repealed.
2631	Section 60.  Except as otherwise provided herein, this act
2632	shall take effect July 1, 2005.

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