| 1 | A bill to be entitled |
| 2 | An act relating to the state judicial system; amending s. |
| 3 | 27.40, F.S., relating to circuit registries for court- |
| 4 | appointed counsel; requiring that a list of attorneys |
| 5 | compiled by the Eleventh Judicial Circuit provide certain |
| 6 | information on assigned attorneys; requiring that an |
| 7 | attorney enter into a contract to be included on the |
| 8 | registry; revising requirements for private court- |
| 9 | appointed counsel; specifying certain information to be |
| 10 | contained in a report by the Eleventh Judicial Circuit; |
| 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 | requiring the Justice Administrative Commission to track |
| 25 | and issue a report containing certain information on |
| 26 | court-appointed counsel in the Eleventh Judicial Circuit; |
| 27 | amending s. 27.52, F.S., relating to the determination of |
| 28 | indigent status; providing for application to the clerk of |
| 29 | court for such a determination and appointment of a public |
| 30 | defender; providing application requirements; requiring an |
| 31 | application fee; providing for transfer and deposit of |
| 32 | such fees into the Indigent Criminal Defense Trust Fund to |
| 33 | be used for certain purposes; authorizing clerks of courts |
| 34 | to retain a portion of the fees for certain purposes; |
| 35 | prescribing duties of the clerk of court and the public |
| 36 | defender relating to an application; prescribing |
| 37 | application requirements and review criteria; providing |
| 38 | for determinations by a clerk on the basis of an |
| 39 | applicant's indigency; providing criteria; providing for |
| 40 | appointment of counsel on an interim basis; providing for |
| 41 | review by the court of a clerk's determination; providing |
| 42 | criteria; authorizing the court to determine a person |
| 43 | indigent for costs and eligible for payment of due-process |
| 44 | expenses; providing criteria and requirements for such |
| 45 | determination; requiring certain parents or legal |
| 46 | guardians to furnish legal services and costs to certain |
| 47 | persons relating to delinquency proceedings or criminal |
| 48 | prosecutions; providing for imposition of a lien for |
| 49 | certain liabilities and lien enforcement; providing for a |
| 50 | reevaluation of indigent status and referral to the state |
| 51 | attorney upon evidence of financial discrepancies or |
| 52 | fraud; providing for recovery and disposition of certain |
| 53 | amounts recovered; providing criminal penalties for the |
| 54 | provision of false information; amending s. 27.5304, F.S.; |
| 55 | requiring certain private court-appointed counsel to enter |
| 56 | into a uniform contract with Justice Administrative |
| 57 | Commission and use the commission's uniform procedures and |
| 58 | form for certain billing purposes; authorizing the Justice |
| 59 | Administrative Commission to pay attorney's fees without |
| 60 | court approval under certain conditions; requiring the |
| 61 | attorney to provide the commission with advance notice of |
| 62 | a court hearing on payment of fees and costs; authorizing |
| 63 | the commission to participate in such hearings using |
| 64 | certain equipment; entitling private court-appointed |
| 65 | counsel to compensation upon final disposition; providing |
| 66 | exceptions; specifying intervals other than final |
| 67 | disposition of a case at which private court-appointed |
| 68 | counsel may request payment; clarifying a prohibition |
| 69 | against allowing an attorney who is not on the registry to |
| 70 | appear; restricting the reimbursement allowed for the |
| 71 | preparation of invoices; requiring the Justice |
| 72 | Administrative Commission to develop a schedule to provide |
| 73 | partial payment for attorney fees under certain |
| 74 | circumstances; amending s. 27.54, F.S.; requiring a county |
| 75 | or municipality to pay certain costs for due-process |
| 76 | services in local ordinance violation cases; prescribing |
| 77 | assessment of fees to recover such costs; providing for |
| 78 | determination and collection of such fees; amending s. |
| 79 | 28.24, F.S.; requiring the clerk of the court to charge |
| 80 | for certain recording services and performing certain |
| 81 | duties; requiring the clerk of the court to provide |
| 82 | without charge copies to court-appointed counsel paid by |
| 83 | the state; requiring clerks of the court to participate in |
| 84 | the Comprehensive Case Information System by a certain |
| 85 | date; providing an exception to the designation of the |
| 86 | clerk of court as custodian of official records; amending |
| 87 | s. 28.2402, F.S.; prohibiting a county or municipality |
| 88 | from being required to pay more than one filing fee for a |
| 89 | single filing containing multiple allegations; prohibiting |
| 90 | a filing fee for initiating certain enforcement |
| 91 | proceedings; excluding certain counties having a |
| 92 | consolidated government from the term "municipality"; |
| 93 | amending s. 28.245, F.S.; requiring the clerks of the |
| 94 | court to remit collections to the Department of Revenue |
| 95 | within a specified period; amending s. 28.246, F.S.; |
| 96 | conforming a reference to the Florida Clerks of Court |
| 97 | Operations Corporation; revising provisions authorizing an |
| 98 | individual to enter into a payment plan for the payment of |
| 99 | fees, costs, or fines; requiring the clerk to enter into a |
| 100 | payment plan with certain persons; providing payment plan |
| 101 | criteria; providing for the court to review the payment |
| 102 | plan; amending s. 28.345, F.S.; exempting certain court |
| 103 | staff and court-appointed counsel from the payment of fees |
| 104 | and charges assessed by the clerk of the circuit court; |
| 105 | amending s. 28.36, F.S.; revising the date for the county |
| 106 | clerk to submit a proposed budget; conforming a reference |
| 107 | to the Florida Clerks of Court Operations Corporation; |
| 108 | conforming a cross reference; conforming a reference to |
| 109 | the Chief Financial Officer; providing conditions and |
| 110 | requirements by which the corporation may approve |
| 111 | adjustments to the clerk's maximum annual budget for |
| 112 | court-related duties; amending s. 28.37, F.S.; expanding |
| 113 | the types of excess funds that clerks of the court must |
| 114 | remit to the Department of Revenue over the amount needed |
| 115 | to meet approved budgets; creating s. 28.44, F.S.; |
| 116 | providing a method by which the clerk of court may |
| 117 | discontinue or substantially modify court-related |
| 118 | functions; providing a definition; amending s. 29.004, |
| 119 | F.S.; providing for state appropriations to be used for |
| 120 | expert witnesses who are appointed by the court rather |
| 121 | than requested by any party; amending s. 29.005, F.S.; |
| 122 | deleting certain appointed mental health professionals |
| 123 | from elements of state attorneys' offices provided from |
| 124 | state revenues; amending s. 29.007, F.S.; providing for |
| 125 | state funds to be used in providing mental health |
| 126 | professionals in certain civil cases; clarifying the use |
| 127 | of state funds at the trial or appellate level to pay |
| 128 | certain costs on behalf of a litigant who is indigent; |
| 129 | amending s. 29.008, F.S.; requiring that the county where |
| 130 | the appellate district is located fund the appellate |
| 131 | division of the public defender's office; expanding the |
| 132 | definition of the term "facility" to include items |
| 133 | necessary for court-reporting services; narrowing a |
| 134 | limitation on the application of certain requirements to |
| 135 | specified facilities; including hearing rooms within those |
| 136 | facilities funded by the county as a court-related |
| 137 | function; including audio equipment within county-funded |
| 138 | communications services; creating s. 29.0081, F.S.; |
| 139 | authorizing counties and judicial circuits to agree to the |
| 140 | funding of personnel positions for the circuit; providing |
| 141 | requirements for such agreements; providing for the effect |
| 142 | and limitation of such agreements; amending s. 29.015, |
| 143 | F.S.; requiring the Justice Administrative Commission to |
| 144 | adjust certain allocations of funds among circuits under |
| 145 | certain circumstances; requiring notice of such |
| 146 | adjustment; requiring the commission to request a budget |
| 147 | amendment under certain circumstances to address budget |
| 148 | deficits relating to due-process services; amending s. |
| 149 | 29.018, F.S.; eliminating the authority for court- |
| 150 | appointed counsel to contract to share in court and due- |
| 151 | process services; providing that the Justice |
| 152 | Administrative Commission may contract for such cost- |
| 153 | sharing on behalf of court-appointed counsel; creating s. |
| 154 | 29.0185, F.S.; prohibiting the provision of due process |
| 155 | services with state revenues to individuals under certain |
| 156 | circumstances; amending s. 34.045, F.S.; proscribing a |
| 157 | county or municipality from being required to pay more |
| 158 | than one filing fee for a single filing containing |
| 159 | multiple allegations; prohibiting assessment of a filing |
| 160 | fee for initiating certain enforcement proceedings in |
| 161 | county court; expanding conditions under which the county |
| 162 | or municipality is the prevailing party; requiring an |
| 163 | assessment of a filing fee; amending s. 34.191, F.S.; |
| 164 | excluding certain counties having a consolidated |
| 165 | government from the term municipality; amending s. |
| 166 | 39.0132, F.S.; authorizing the Justice Administrative |
| 167 | Commission to inspect certain court dockets; authorizing |
| 168 | the commission to petition the court for certain |
| 169 | additional documentation; amending s. 39.821, F.S.; |
| 170 | requiring the Guardian Ad Litem Program rather than the |
| 171 | chief judge to request the federal criminal records check |
| 172 | for purposes of certifying guardians ad litem; amending s. |
| 173 | 39.822, F.S.; directing agencies, persons, and other |
| 174 | organizations to provide a guardian ad litem access to |
| 175 | certain records related to the best interests of a child; |
| 176 | providing a definition; amending s. 40.29, F.S.; revising |
| 177 | procedures for the payments made by the state to the clerk |
| 178 | of the court for the costs of witnesses; creating s. |
| 179 | 40.355, F.S.; requiring the clerk of the court to report |
| 180 | on, and refund to the state attorneys and public |
| 181 | defenders, certain moneys collected for payment of jurors |
| 182 | and due-process costs; amending s. 43.16, F.S.; removing |
| 183 | the Judicial Qualifications Commission from the duties of |
| 184 | the Justice Administrative Commission and adding the |
| 185 | Guardian ad Litem Program; providing that the Justice |
| 186 | Administrative Commission is not subject to the |
| 187 | Administrative Procedure Act; amending s. 43.26, F.S.; |
| 188 | providing responsibilities of the chief judge of each |
| 189 | circuit; amending s. 44.102, F.S.; revising conditions |
| 190 | under which nonvolunteer court mediators may be |
| 191 | compensated by the county or parties; amending s. 44.108, |
| 192 | F.S.; clarifying the fees charged for scheduled mediation |
| 193 | services provided by a circuit court's mediation program; |
| 194 | requiring the clerk of the court to report to the chief |
| 195 | judge the amount of such fees collected; amending s. |
| 196 | 57.081, F.S.; providing a cross-reference to conform; |
| 197 | creating s. 57.082, F.S., relating to the determination of |
| 198 | civil indigent status; providing for application to the |
| 199 | clerk of court for such a determination and appointment of |
| 200 | a private attorney in certain civil cases; providing |
| 201 | application requirements; prescribing duties of the clerk |
| 202 | of court relating to an application; prescribing |
| 203 | application requirements and review criteria; providing |
| 204 | for determinations by a clerk of the basis of an |
| 205 | applicant's indigency; providing criteria; providing for |
| 206 | appointment of counsel on an interim basis; providing for |
| 207 | review by the court of a clerk's determination; providing |
| 208 | criteria; authorizing a court to determine a person |
| 209 | indigent and eligible for appointed counsel; providing |
| 210 | criteria and requirements for such determination; |
| 211 | requiring persons determined to be indigent for civil |
| 212 | proceedings to be enrolled in a payment plan and charged |
| 213 | an administrative processing charge; providing plan |
| 214 | criteria; providing for a reevaluation of indigent status |
| 215 | and referral to the state attorney upon evidence of |
| 216 | financial discrepancies or fraud; providing for recovery |
| 217 | and disposition of certain amounts recovered; providing |
| 218 | criminal penalties for the provision of false information; |
| 219 | amending s. 92.142, F.S.; deleting a provision that |
| 220 | provides for payment of per diem and travel expenses for a |
| 221 | witness in a criminal case at the discretion of the court; |
| 222 | amending s. 92.231, F.S.; removing a reference to the |
| 223 | Article V Indigent Services Advisory Board; amending s. |
| 224 | 110.205, F.S.; specifying that members, officers, and |
| 225 | employees of the Justice Administrative Commission and |
| 226 | certain related organizations are exempt positions under |
| 227 | career service provisions; amending s. 116.01, F.S.; |
| 228 | providing procedures for the clerk of the court to remit |
| 229 | funds to the Department of Revenue; amending s. 116.21, |
| 230 | F.S.; authorizing sheriffs and clerks of the courts to pay |
| 231 | certain deposited or collected funds into a specific fine |
| 232 | and forfeiture fund; requiring the clerk to pay for the |
| 233 | cost of publication of the list of unclaimed court-related |
| 234 | funds; requiring unclaimed funds to be deposited into the |
| 235 | fine and forfeiture fund; amending s. 119.07, F.S.; |
| 236 | extending the time period during which certain social |
| 237 | security numbers and other data included in court or |
| 238 | official county records may be available for public |
| 239 | inspection unless redaction is requested; extending the |
| 240 | deadline by which court clerks and county recorders must |
| 241 | keep such data confidential; amending s. 142.01, F.S.; |
| 242 | clarifying those moneys to be included within the fine and |
| 243 | forfeiture fund of the clerk of the circuit court; |
| 244 | amending s. 213.13, F.S.; requiring that the court-related |
| 245 | collections remitted by the clerk to the state be |
| 246 | transmitted electronically within a specified period; |
| 247 | amending s. 219.07, F.S.; revising disbursement |
| 248 | requirements for the clerk as part of his or her court- |
| 249 | related functions; amending s. 219.075, F.S.; exempting |
| 250 | funds collected by the clerk from the requirements for the |
| 251 | investment of surplus funds of a county; amending s. |
| 252 | 318.121, F.S.; specifying that certain surcharges may not |
| 253 | be added to civil traffic penalties; amending s. 318.18, |
| 254 | F.S.; authorizing a portion of certain surcharge revenues |
| 255 | to be used for local law libraries; requiring the clerk of |
| 256 | the court to quarterly report the amount of certain |
| 257 | surcharges collected to the chief judge, the Governor, and |
| 258 | the Legislature; authorizing certain local governments to |
| 259 | impose by ordinance a surcharge on any infraction or |
| 260 | violation in addition to certain noncriminal traffic |
| 261 | infractions and certain criminal violations; providing for |
| 262 | transfer of revenues from such surcharge for certain |
| 263 | purposes; prohibiting a court from waiving the surcharge; |
| 264 | providing for repeal; amending s. 318.21, F.S.; providing |
| 265 | for the disposition of traffic-infraction penalties for |
| 266 | violations occurring in unincorporated areas of certain |
| 267 | counties having a consolidated government or |
| 268 | unincorporated areas of certain municipalities having a |
| 269 | consolidated government; amending s. 318.31, F.S.; |
| 270 | deleting provisions concerning the appointment of a civil |
| 271 | traffic infraction hearing officer; amending s. 328.32, |
| 272 | F.S.; providing additional limitation on a hearing |
| 273 | officer's authority; amending s. 318.325, F.S.; deleting |
| 274 | provisions specifying the funding of such hearing officer; |
| 275 | amending s. 322.29, F.S.; increasing the fees charged for |
| 276 | reinstating a driver's license; amending s. 372.72, F.S.; |
| 277 | requiring that the proceeds from unclaimed bonds be |
| 278 | deposited into the clerk's fine and forfeiture fund; |
| 279 | amending s. 903.26, F.S.; revising the procedure for |
| 280 | determining the amount of the costs incurred in returning |
| 281 | a defendant to the county of jurisdiction; amending s. |
| 282 | 903.28, F.S.; revising certain notice requirements |
| 283 | following the surrender or apprehension of a defendant for |
| 284 | purposes of remission of a forfeiture; authorizing clerks |
| 285 | of circuit courts to enter into contracts or interagency |
| 286 | agreements to represent the clerk in certain actions; |
| 287 | providing that the clerk is the real party in interest for |
| 288 | all appeals arising from such an action; authorizing the |
| 289 | clerk to withhold unpaid fines, fees, costs, and charges |
| 290 | under certain circumstances; amending s. 916.115, F.S.; |
| 291 | revising requirements for the payment of experts; |
| 292 | specifying which fees are to be paid by the state, the |
| 293 | office of the public defender, the office of the state |
| 294 | attorney, or the Justice Administrative Commission; |
| 295 | amending s. 916.12, F.S.; revising the procedures under |
| 296 | which the court may take action following a finding that |
| 297 | the defendant is incompetent to proceed; requiring |
| 298 | evaluation of a defendant; providing criteria; authorizing |
| 299 | a court to commit a defendant or take other action under |
| 300 | certain circumstances; amending s. 916.301, F.S.; |
| 301 | requiring the court to pay for certain expert witnesses |
| 302 | appointed by the court; amending s. 938.29, F.S.; |
| 303 | providing for a judgment lien for the payment of certain |
| 304 | attorney's fees to be filed without cost; amending s. |
| 305 | 939.06, F.S.; clarifying that an acquitted defendant is |
| 306 | not liable for certain costs or fees; providing a |
| 307 | procedure for such a defendant to request a refund from |
| 308 | the Justice Administrative Commission of costs or fees |
| 309 | paid; amending s. 939.185, F.S.; authorizing certain local |
| 310 | governments to impose by ordinance in addition to certain |
| 311 | court costs and other costs, fines, and penalties imposed |
| 312 | by law a surcharge to be imposed by court on persons |
| 313 | pleading guilty or nolo contendere to certain criminal |
| 314 | offenses; providing for transfer of revenues from such |
| 315 | surcharge for certain purposes; providing for repeal; |
| 316 | amending s. 985.05, F.S.; authorizing the Justice |
| 317 | Administrative Commission to have access to certain court |
| 318 | records; authorizing circuit courts to share certain |
| 319 | juvenile delinquency restitution orders; amending s. |
| 320 | 985.201, F.S.; revising the manner in which a court may |
| 321 | retain jurisdiction over a child and the child's parent |
| 322 | when the court has ordered restitution for certain |
| 323 | delinquent acts; requiring the party calling a witness in |
| 324 | traffic court to bear the costs; requiring the office of |
| 325 | the state attorney to pay such costs if the witness is |
| 326 | required to testify on behalf of the prosecution; |
| 327 | authorizing the trial court administrator to recover |
| 328 | expenditures for state-funded services if those services |
| 329 | were furnished to a user possessing the ability to pay; |
| 330 | providing for deposit of such funds; authorizing the trial |
| 331 | court administrator to recover certain costs under certain |
| 332 | circumstances; requiring the chief judge to determine the |
| 333 | rate, which may not exceed the cost of the service and |
| 334 | recovery; providing legislative intent for revisions to |
| 335 | ss. 28.2402, 34.191, and 318.21, F.S.; revising the |
| 336 | maximum annual budget amount for the Clerk of Court for |
| 337 | the Eleventh Judicial Circuit; repealing s. 29.014, F.S., |
| 338 | relating to the Article V Indigent Service Advisory Board; |
| 339 | repealing s. 318.37, F.S., relating to funding for a Civil |
| 340 | Traffic Infraction Hearing Officer Program; amending s. |
| 341 | 938.19, F.S.; authorizing a board of county commissioners |
| 342 | to adopt an ordinance that incorporates the provisions of |
| 343 | the act; providing funding for a teen court through the |
| 344 | assessment of an additional court cost against each person |
| 345 | who pleads guilty or nolo contendere to, or is convicted |
| 346 | of, a violation of a criminal law, an ordinance, or a |
| 347 | traffic offense in the county; providing exceptions; |
| 348 | providing for administration by the clerk of the circuit |
| 349 | court; authorizing the clerk of the circuit court to |
| 350 | retain a specified percentage of the assessments |
| 351 | collected; requiring the teen court to account for all |
| 352 | funds received; requiring an annual report to the board of |
| 353 | county commissioners by a specified date; authorizing |
| 354 | specified organizations to administer a teen court |
| 355 | program; prohibiting teen courts in counties adopting an |
| 356 | ordinance from receiving court costs under s. 939.185, |
| 357 | F.S.; providing for expiration of amendments to s. 938.19, |
| 358 | F.S., and reversion of section text; providing for |
| 359 | expiration of specified court costs; amending s. 939.185, |
| 360 | F.S.; providing an exception for teen court funding; |
| 361 | providing appropriations; providing effective dates. |
| 362 |
|
| 363 | Be It Enacted by the Legislature of the State of Florida: |
| 364 |
|
| 365 | Section 1. Subsections (2), (3), (5), and (7) of section |
| 366 | 27.40, Florida Statutes, are amended to read: |
| 367 | 27.40 Court-appointed counsel; circuit registries; minimum |
| 368 | requirements; appointment by court.-- |
| 369 | (2) No later than October 1, 2004, Private counsel |
| 370 | appointed by the court to provide representation shall be |
| 371 | selected from a registry of individual attorneys established by |
| 372 | the circuit Article V indigent services committee or procured |
| 373 | through a competitive bidding process. |
| 374 | (3) In utilizing a registry: |
| 375 | (a) Each circuit Article V indigent services committee |
| 376 | shall compile and maintain a list of attorneys in private |
| 377 | practice, by county and by category of cases. From October 1, |
| 378 | 2005, through September 30, 2007, the list of attorneys compiled |
| 379 | by the Eleventh Judicial Circuit shall provide the race, gender, |
| 380 | and national origin of assigned attorneys. To be included on a |
| 381 | registry, attorneys shall certify that they meet any minimum |
| 382 | requirements established in general law for court appointment, |
| 383 | are available to represent indigent defendants in cases |
| 384 | requiring court appointment of private counsel, and are willing |
| 385 | to abide by the terms of the contract for services. To be |
| 386 | included on a registry, an attorney also must enter into a |
| 387 | contract for services with the Justice Administrative |
| 388 | Commission. Failure to comply with the terms of the contract for |
| 389 | services may result in termination of the contract and removal |
| 390 | from the registry. Each attorney on the registry shall be |
| 391 | responsible for notifying the circuit Article V indigent |
| 392 | services committee and the Justice Administrative Commission of |
| 393 | any change in his or her status. Failure to comply with this |
| 394 | requirement shall be cause for termination of the contract for |
| 395 | services and removal from the registry until the requirement is |
| 396 | fulfilled. |
| 397 | (b) The court shall appoint attorneys in rotating order in |
| 398 | the order in which names appear on the applicable registry, |
| 399 | unless the court makes a finding of good cause on the record for |
| 400 | appointing an attorney out of order. An attorney not appointed |
| 401 | in the order in which his or her name appears on the list shall |
| 402 | remain next in order. |
| 403 | (c) If it finds the number of attorneys on the registry in |
| 404 | a county or circuit for a particular category of cases is |
| 405 | inadequate, the circuit Article V indigent services committee |
| 406 | shall notify the chief judge of the particular circuit in |
| 407 | writing. The chief judge shall submit the names of at least |
| 408 | three private attorneys with relevant experience. The clerk of |
| 409 | court shall send an application to each of these attorneys to |
| 410 | register for appointment. |
| 411 | (d) Quarterly, beginning no later than October 1, 2004, |
| 412 | each circuit Article V indigent services committee shall provide |
| 413 | a current copy of each registry to the Chief Justice of the |
| 414 | Supreme Court, the chief judge, the state attorney and public |
| 415 | defender in each judicial circuit, and the clerk of court in |
| 416 | each county, the Justice Administrative Commission, and the |
| 417 | Indigent Services Advisory Board with a current copy of each |
| 418 | registry. From October 1, 2005, through September 30, 2007, the |
| 419 | report submitted by the Eleventh Judicial Circuit shall include |
| 420 | the race, gender, and national origin of all attorneys listed in |
| 421 | and appointed under the registry. |
| 422 | (5) The Justice Administrative Commission shall approve |
| 423 | uniform contract forms for use in procuring the services of |
| 424 | private court-appointed counsel and uniform procedures and forms |
| 425 | for use by a court-appointed attorney in support of billing for |
| 426 | attorney's fees, costs, and related expenses to demonstrate the |
| 427 | attorney's completion of specified duties. |
| 428 | (7)(a) An attorney appointed to represent a defendant or |
| 429 | other client is entitled to payment pursuant to s. 27.5304, only |
| 430 | upon full performance by the attorney of specified duties, |
| 431 | approval of payment by the court, except for payment based on a |
| 432 | flat fee per case as provided in s. 27.5304; and attorney |
| 433 | submission of a payment request to the Justice Administrative |
| 434 | Commission. Upon being permitted to withdraw from a case, a |
| 435 | court-appointed attorney shall submit a copy of the order to the |
| 436 | Justice Administrative Commission at the time it is issued by |
| 437 | the court. If an attorney is permitted to withdraw or is |
| 438 | otherwise removed from representation prior to full performance |
| 439 | of the duties specified in this section for reasons other than |
| 440 | breach of duty, the trial court shall approve payment of |
| 441 | attorney's fees and costs for work performed in an amount not to |
| 442 | exceed the amounts specified in s. 27.5304. Withdrawal from a |
| 443 | case prior to full performance of the duties specified shall |
| 444 | create a rebuttable presumption that the attorney is not |
| 445 | entitled to the entire flat fee for those cases paid on a flat- |
| 446 | fee-per-case basis. |
| 447 | (b) The attorney shall maintain appropriate documentation, |
| 448 | including a current and detailed hourly accounting of time spent |
| 449 | representing the defendant or other client. These records and |
| 450 | documents are subject to review by the Justice Administrative |
| 451 | Commission, subject to the attorney-client privilege and work |
| 452 | product privilege. |
| 453 | Section 2. Section 27.42, Florida Statutes, is amended to |
| 454 | read: |
| 455 | 27.42 Circuit Article V indigent services committees; |
| 456 | composition; staff; responsibilities; funding.-- |
| 457 | (1) In each judicial circuit a circuit Article V indigent |
| 458 | services committee shall be established. The committee shall |
| 459 | consist of the following: |
| 460 | (a) The chief judge of the judicial circuit or the chief |
| 461 | judge's designee, who shall serve as the chair. |
| 462 | (b) The public defender of the judicial circuit, or |
| 463 | designee from within the office of the public defender. |
| 464 | (c) One experienced private criminal defense attorney |
| 465 | appointed by the chief judge to serve a 2-year term. During the |
| 466 | 2-year term, the attorney is prohibited from serving as court- |
| 467 | appointed counsel. |
| 468 | (d) One experienced civil trial attorney appointed by the |
| 469 | chief judge, to serve a 2-year term. During the 2-year term, the |
| 470 | attorney is prohibited from serving as court-appointed counsel. |
| 471 | (2)(a) The responsibility of the circuit Article V |
| 472 | indigent services committee is to manage the appointment and |
| 473 | compensation of court-appointed counsel within a circuit |
| 474 | pursuant to ss. 27.40 and 27.5303. The committee shall also set |
| 475 | the compensation rates of due-process service providers in cases |
| 476 | where the court has appointed counsel or declared a person |
| 477 | indigent for costs, not to exceed any rates specified in the |
| 478 | General Appropriations Act such that the total amount expended |
| 479 | does not exceed the amount budgeted in the General |
| 480 | Appropriations Act for the particular due-process service. The |
| 481 | circuit Article V indigent services committee shall meet at |
| 482 | least quarterly. |
| 483 | (b) No later than October 1, 2004, Each circuit Article V |
| 484 | indigent services committee shall maintain a registry pursuant |
| 485 | to s. 27.40, even when procuring counsel through a competitive |
| 486 | bidding process. However, if counsel is procured through a |
| 487 | competitive bidding process, the registry shall be used only |
| 488 | when counsel obtained through that process is unable to provide |
| 489 | representation due to a conflict of interest or reasons beyond |
| 490 | their control. The committee shall apply any eligibility and |
| 491 | performance standards set by the Legislature. |
| 492 | (c) Each circuit Article V indigent services committee |
| 493 | shall develop a schedule of standard fees and expense allowances |
| 494 | for the categories of cases specified in s. 27.5304 27.5303, |
| 495 | consistent with the overall compensation rates in that section |
| 496 | and within the amount of appropriated funds allocated by the |
| 497 | Justice Administrative Commission to the circuit for this |
| 498 | purpose. |
| 499 | (d) Each circuit Article V indigent services committee |
| 500 | shall establish a schedule of standard allowances for due- |
| 501 | process expenses for cases in which the court has declared a |
| 502 | person indigent for costs, within the amount of appropriated |
| 503 | funds allocated by the Justice Administrative Commission to the |
| 504 | circuit for this purpose. |
| 505 | (3) Notwithstanding any other provision of this section, a |
| 506 | circuit Article V indigent services committee may approve, and |
| 507 | the Justice Administrative Commission shall investigate and |
| 508 | evaluate the use of funds for, alternate models for the |
| 509 | provision of criminal and civil due-process services and |
| 510 | representation other than a model based on a per-case fee if a |
| 511 | more cost-effective and efficient system can be provided. An |
| 512 | alternate model may include court-reporting services and the |
| 513 | provision of court-appointed counsel. |
| 514 | (4)(3) The Justice Administrative Commission shall prepare |
| 515 | and issue on a quarterly basis a statewide report comparing |
| 516 | actual year-to-date expenditures to budgeted amounts for the |
| 517 | circuit Article V indigent services committees in each of the |
| 518 | judicial circuits. Copies of these quarterly reports shall be |
| 519 | distributed to each circuit Article V indigent services |
| 520 | committee and to the Governor, the Chief Justice of the Supreme |
| 521 | Court, the President of the Senate, and the Speaker of the House |
| 522 | of Representatives. |
| 523 | (5)(4)(a) The funding and positions for the processing of |
| 524 | committees' fees and expenses shall be as appropriated to the |
| 525 | Justice Administrative Commission in the General Appropriations |
| 526 | Act. |
| 527 | (b) Funds for criminal conflict attorney's fees and |
| 528 | expenses shall be appropriated by the Legislature in a separate |
| 529 | appropriations category within the Justice Administrative |
| 530 | Commission. These funds shall be allocated to each circuit as |
| 531 | prescribed in the General Appropriations Act. |
| 532 | (c) Funds for attorney's fees and expenses for child |
| 533 | dependency and civil conflict cases shall be appropriated by the |
| 534 | Legislature in a separate appropriations category within the |
| 535 | Justice Administrative Commission. |
| 536 | (d) Any funds the Legislature appropriates for other |
| 537 | court-appointed counsel cases shall be as appropriated within |
| 538 | the Justice Administrative Commission. |
| 539 |
|
| 540 | The Justice Administrative Commission shall separately track |
| 541 | expenditures on private court-appointed counsel for the |
| 542 | following categories of cases: criminal conflict, civil |
| 543 | conflict, dependency and termination of parental rights, and |
| 544 | guardianship. From October 1, 2005, through September 30, 2007, |
| 545 | the Justice Administrative Commission shall also track and issue |
| 546 | a report on the race, gender, and national origin of private |
| 547 | court-appointed counsel for the Eleventh Judicial Circuit. |
| 548 | Section 3. Section 27.52, Florida Statutes, is amended to |
| 549 | read: |
| 550 | (Substantial rewording of section. See |
| 551 | s. 27.52, F.S., for present text.) |
| 552 | 27.52 Determination of indigent status.-- |
| 553 | (1) APPLICATION TO THE CLERK.--A person seeking |
| 554 | appointment of a public defender under s. 27.51 based upon an |
| 555 | inability to pay must apply to the clerk of the court for a |
| 556 | determination of indigent status using an application form |
| 557 | developed by the Florida Clerks of Court Operations Corporation |
| 558 | with final approval by the Supreme Court. |
| 559 | (a) The application must include, at a minimum, the |
| 560 | following financial information: |
| 561 | 1. Net income, consisting of total salary and wages, minus |
| 562 | deductions required by law, including court-ordered support |
| 563 | payments. |
| 564 | 2. Other income, including, but not limited to, social |
| 565 | security benefits, union funds, veterans' benefits, workers' |
| 566 | compensation, other regular support from absent family members, |
| 567 | public or private employee pensions, unemployment compensation, |
| 568 | dividends, interest, rent, trusts, and gifts. |
| 569 | 3. Assets, including, but not limited to, cash, savings |
| 570 | accounts, bank accounts, stocks, bonds, certificates of deposit, |
| 571 | equity in real estate, and equity in a boat or a motor vehicle |
| 572 | or in other tangible property. |
| 573 | 4. All liabilities and debts. |
| 574 | 5. If applicable, the amount of any bail paid for the |
| 575 | applicant's release from incarceration and the source of the |
| 576 | funds. |
| 577 |
|
| 578 | The application must include a signature by the applicant which |
| 579 | attests to the truthfulness of the information provided. The |
| 580 | application form developed by the corporation must include |
| 581 | notice that the applicant may seek court review of a clerk's |
| 582 | determination that the applicant is not indigent, as provided in |
| 583 | this section. |
| 584 | (b) An applicant shall pay a $40 application fee to the |
| 585 | clerk for each application for court-appointed counsel filed. |
| 586 | The applicant shall pay the fee within 7 days after submitting |
| 587 | the application. If the applicant does not pay the fee prior to |
| 588 | the disposition of the case, the clerk shall notify the court, |
| 589 | and the court shall: |
| 590 | 1. Assess the application fee as part of the sentence or |
| 591 | as a condition of probation; or |
| 592 | 2. Assess the application fee pursuant to s. 938.29. |
| 593 | (c) Notwithstanding any provision of law, court rule, or |
| 594 | administrative order, the clerk shall assign the first $40 of |
| 595 | any fees or costs paid by an indigent person as payment of the |
| 596 | application fee. A person found to be indigent may not be |
| 597 | refused counsel or other required due-process services for |
| 598 | failure to pay the fee. |
| 599 | (d) All application fees collected by the clerk under this |
| 600 | section shall be transferred monthly by the clerk to the |
| 601 | Department of Revenue for deposit in the Indigent Criminal |
| 602 | Defense Trust Fund administered by the Justice Administrative |
| 603 | Commission, to be used to as appropriated by the Legislature. |
| 604 | The clerk may retain 2 percent of application fees collected |
| 605 | monthly for administrative costs prior to remitting the |
| 606 | remainder to the Department of Revenue. |
| 607 | (e)1. The clerk shall assist a person who appears before |
| 608 | the clerk and requests assistance in completing the application, |
| 609 | and the clerk shall notify the court if a person is unable to |
| 610 | complete the application after the clerk has provided |
| 611 | assistance. |
| 612 | 2. If the person seeking appointment of a public defender |
| 613 | is incarcerated, the public defender is responsible for |
| 614 | providing the application to the person and assisting him or her |
| 615 | in its completion and is responsible for submitting the |
| 616 | application to the clerk on the person's behalf. The public |
| 617 | defender may enter into an agreement for jail employees, |
| 618 | pretrial services employees, or employees of other criminal |
| 619 | justice agencies to assist the public defender in performing |
| 620 | functions assigned to the public defender under this |
| 621 | subparagraph. |
| 622 | (2) DETERMINATION BY THE CLERK.--The clerk of the court |
| 623 | shall determine whether an applicant seeking appointment of a |
| 624 | public defender is indigent based upon the information provided |
| 625 | in the application and the criteria prescribed in this |
| 626 | subsection. |
| 627 | (a)1. An applicant, including an applicant who is a minor |
| 628 | or an adult tax-dependent person, is indigent if the applicant's |
| 629 | income is equal to or below 200 percent of the then-current |
| 630 | federal poverty guidelines prescribed for the size of the |
| 631 | household of the applicant by the United States Department of |
| 632 | Health and Human Services or if the person is receiving |
| 633 | Temporary Assistance for Needy Families-Cash Assistance, |
| 634 | poverty-related veterans' benefits, or Supplemental Security |
| 635 | Income (SSI). |
| 636 | 2. There is a presumption that the applicant is not |
| 637 | indigent if the applicant owns, or has equity in, any intangible |
| 638 | or tangible personal property or real property or the expectancy |
| 639 | of an interest in any such property having a net equity value of |
| 640 | $2,500 or more, excluding the value of the person's homestead |
| 641 | and one vehicle having a net value not exceeding $5,000. |
| 642 | (b) Based upon its review, the clerk shall make one of the |
| 643 | following determinations: |
| 644 | 1. The applicant is not indigent. |
| 645 | 2. The applicant is indigent. |
| 646 | (c)1. If the clerk determines that the applicant is |
| 647 | indigent, the clerk shall submit the determination to the office |
| 648 | of the public defender and immediately file the determination in |
| 649 | the case file. |
| 650 | 2. If the public defender is unable to provide |
| 651 | representation due to a conflict pursuant to s. 27.5303, the |
| 652 | public defender shall move the court for withdrawal from |
| 653 | representation and appointment of private counsel. |
| 654 | (d) The duty of the clerk in determining whether an |
| 655 | applicant is indigent shall be limited to receiving the |
| 656 | application and comparing the information provided in the |
| 657 | application to the criteria prescribed in this subsection. The |
| 658 | determination of indigent status is a ministerial act of the |
| 659 | clerk and not a decision based on further investigation or the |
| 660 | exercise of independent judgment by the clerk. The clerk may |
| 661 | contract with third parties to perform functions assigned to the |
| 662 | clerk under this section. |
| 663 | (e) The applicant may seek review of the clerk's |
| 664 | determination that the applicant is not indigent in the court |
| 665 | having jurisdiction over the matter at the next scheduled |
| 666 | hearing. If the applicant seeks review of the clerk's |
| 667 | determination of indigent status, the court shall make a final |
| 668 | determination as provided in subsection (4). |
| 669 | (3) APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the clerk |
| 670 | of the court has not made a determination of indigent status at |
| 671 | the time a person requests appointment of a public defender, the |
| 672 | court shall make a preliminary determination of indigent status, |
| 673 | pending further review by the clerk, and may, by court order, |
| 674 | appoint a public defender or private counsel on an interim |
| 675 | basis. |
| 676 | (4) REVIEW OF CLERK'S DETERMINATION.-- |
| 677 | (a) If the clerk of the court determines that the |
| 678 | applicant is not indigent, and the applicant seeks review of the |
| 679 | clerk's determination, the court shall make a final |
| 680 | determination of indigent status by reviewing the information |
| 681 | provided in the application against the criteria prescribed in |
| 682 | subsection (2) and by considering the following additional |
| 683 | factors: |
| 684 | 1. Whether the applicant has been released on bail in an |
| 685 | amount of $5,000 or more. |
| 686 | 2. Whether a bond has been posted, the type of bond, and |
| 687 | who paid the bond. |
| 688 | 3. Whether paying for private counsel in an amount that |
| 689 | exceeds the limitations in s. 27.5304, or other due-process |
| 690 | services creates a substantial hardship for the applicant or the |
| 691 | applicant's family. |
| 692 | 4. Any other relevant financial circumstances of the |
| 693 | applicant or the applicant's family. |
| 694 | (b) Based upon its review, the court shall make one of the |
| 695 | following determinations and, if the applicant is indigent, |
| 696 | shall appoint a public defender or, if appropriate, private |
| 697 | counsel: |
| 698 | 1. The applicant is not indigent. |
| 699 | 2. The applicant is indigent. |
| 700 | (5) INDIGENT FOR COSTS.--A person who is eligible to be |
| 701 | represented by a public defender under s. 27.51 but who is |
| 702 | represented by private counsel not appointed by the court for a |
| 703 | reasonable fee as approved by the court, on a pro bono basis, or |
| 704 | who is proceeding pro se, may move the court for a determination |
| 705 | that he or she is indigent for costs and eligible for the |
| 706 | provision of due-process services, as prescribed by ss. 29.006 |
| 707 | and 29.007, funded by the state. |
| 708 | (a) The person must submit to the court: |
| 709 | 1. The completed application prescribed in subsection (1). |
| 710 | 2. In the case of a person represented by counsel, an |
| 711 | affidavit attesting to the estimated amount of attorney's fees |
| 712 | and the source of payment for these fees. |
| 713 | (b) In reviewing the motion, the court shall consider: |
| 714 | 1. Whether the applicant applied for a determination of |
| 715 | indigent status under subsection (1) and the outcome of such |
| 716 | application. |
| 717 | 2. The extent to which the person's income equals or |
| 718 | exceeds the income criteria prescribed in subsection (2). |
| 719 | 3. The additional factors prescribed in subsection (4). |
| 720 | 4. Whether the applicant is proceeding pro se. |
| 721 | 5. When the applicant retained private counsel. |
| 722 | 6. The amount of any attorney's fees and who is paying the |
| 723 | fees. |
| 724 | (c) Based upon its review, the court shall make one of the |
| 725 | following determinations: |
| 726 | 1. The applicant is not indigent for costs. |
| 727 | 2. The applicant is indigent for costs. |
| 728 | (d) The provision of due-process services based upon a |
| 729 | determination that a person is indigent for costs under this |
| 730 | subsection must be effectuated pursuant to a court order, a copy |
| 731 | of which the clerk shall provide to counsel representing the |
| 732 | person, or to the person directly if he or she is proceeding pro |
| 733 | se, for use in requesting payment of due-process expenses |
| 734 | through the Justice Administrative Commission. Counsel |
| 735 | representing a person declared indigent for costs shall execute |
| 736 | the Justice Administrative Commission's contract for counsel |
| 737 | representing persons determined to be indigent for costs. |
| 738 | (6) DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent |
| 739 | parent or legal guardian of an applicant who is a minor or an |
| 740 | adult tax-dependent person shall furnish the minor or adult tax- |
| 741 | dependent person with the necessary legal services and costs |
| 742 | incident to a delinquency proceeding or, upon transfer of such |
| 743 | person for criminal prosecution as an adult pursuant to chapter |
| 744 | 985, a criminal prosecution in which the person has a right to |
| 745 | legal counsel under the Constitution of the United States or the |
| 746 | Constitution of the State of Florida. The failure of a parent or |
| 747 | legal guardian to furnish legal services and costs under this |
| 748 | section does not bar the appointment of legal counsel pursuant |
| 749 | to this section, s. 27.40, or s. 27.5303. When the public |
| 750 | defender, a private court-appointed conflict counsel, or a |
| 751 | private attorney is appointed to represent a minor or an adult |
| 752 | tax-dependent person in any proceeding in circuit court or in a |
| 753 | criminal proceeding in any other court, the parents or the legal |
| 754 | guardian shall be liable for payment of the fees, charges, and |
| 755 | costs of the representation even if the person is a minor being |
| 756 | tried as an adult. Liability for the fees, charges, and costs of |
| 757 | the representation shall be imposed in the form of a lien |
| 758 | against the property of the nonindigent parents or legal |
| 759 | guardian of the minor or adult tax-dependent person. The lien is |
| 760 | enforceable as provided in s. 27.561 or s. 938.29. |
| 761 | (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.-- |
| 762 | (a) If the court learns of discrepancies between the |
| 763 | application or motion and the actual financial status of the |
| 764 | person found to be indigent or indigent for costs, the court |
| 765 | shall determine whether the public defender or private attorney |
| 766 | shall continue representation or whether the authorization for |
| 767 | any other due-process services previously authorized shall be |
| 768 | revoked. The person may be heard regarding the information |
| 769 | learned by the court. If the court, based on the information, |
| 770 | determines that the person is not indigent or indigent for |
| 771 | costs, the court shall order the public defender or private |
| 772 | attorney to discontinue representation and revoke the provision |
| 773 | of any other authorized due-process services. |
| 774 | (b) If the court has reason to believe that any applicant, |
| 775 | through fraud or misrepresentation, was improperly determined to |
| 776 | be indigent or indigent for costs, the matter shall be referred |
| 777 | to the state attorney. Twenty-five percent of any amount |
| 778 | recovered by the state attorney as reasonable value of the |
| 779 | services rendered, including fees, charges, and costs paid by |
| 780 | the state on the person's behalf, shall be remitted to the |
| 781 | Department of Revenue for deposit into the Grants and Donations |
| 782 | Trust Fund within the Justice Administrative Commission. |
| 783 | Seventy-five percent of any amount recovered shall be remitted |
| 784 | to the Department of Revenue for deposit into the General |
| 785 | Revenue Fund. |
| 786 | (c) A person who knowingly provides false information to |
| 787 | the clerk or the court in seeking a determination of indigent |
| 788 | status under this section commits a misdemeanor of the first |
| 789 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 790 | Section 4. Subsections (1), (2), and (6) of section |
| 791 | 27.5304, Florida Statutes, are amended, and subsections (7), |
| 792 | (8), (9), and (10) are added to said section, to read: |
| 793 | 27.5304 Private court-appointed counsel; compensation.-- |
| 794 | (1) Private court-appointed counsel shall be compensated |
| 795 | by the Justice Administrative Commission in an amount not to |
| 796 | exceed the fee limits established in this section. The attorney |
| 797 | also shall be reimbursed for reasonable and necessary expenses |
| 798 | in accordance with s. 29.007. If the attorney is representing a |
| 799 | defendant charged with more than one offense in the same case, |
| 800 | the attorney shall be compensated at the rate provided for the |
| 801 | most serious offense for which he or she represented the |
| 802 | defendant. This section does not allow stacking of the fee |
| 803 | limits established by this section. Private court-appointed |
| 804 | counsel providing representation under an alternative model |
| 805 | shall enter into a uniform contract with the Justice |
| 806 | Administrative Commission and shall use the Justice |
| 807 | Administrative Commission's uniform procedures and forms in |
| 808 | support of billing for attorney's fees, costs, and related |
| 809 | expenses. Failure to comply with the terms of the contract for |
| 810 | services may result in termination of the contract. |
| 811 | (2) The Justice Administrative Commission shall review an |
| 812 | intended billing by private court-appointed counsel for |
| 813 | attorney's fees based on a flat fee per case for completeness |
| 814 | and compliance with contractual, statutory, and circuit Article |
| 815 | V indigent services committee requirements. The commission may |
| 816 | approve the intended bill for a flat fee per case for payment |
| 817 | without approval by the court if the intended billing is |
| 818 | correct. For all other intended billings, prior to filing a |
| 819 | motion for an order approving payment of attorney's fees, costs, |
| 820 | or related expenses, the private court-appointed counsel shall |
| 821 | deliver a copy of the intended billing, together with supporting |
| 822 | affidavits and all other necessary documentation, to the Justice |
| 823 | Administrative Commission. The Justice Administrative Commission |
| 824 | shall review the billings, affidavit, and documentation for |
| 825 | completeness and compliance with contractual and statutory |
| 826 | requirements. If the Justice Administrative Commission objects |
| 827 | to any portion of the proposed billing, the objection and |
| 828 | reasons therefor shall be communicated to the private court- |
| 829 | appointed counsel. The private court-appointed counsel may |
| 830 | thereafter file his or her motion for order approving payment of |
| 831 | attorney's fees, costs, or related expenses together with |
| 832 | supporting affidavits and all other necessary documentation. The |
| 833 | motion must specify whether the Justice Administrative |
| 834 | Commission objects to any portion of the billing or the |
| 835 | sufficiency of documentation and shall attach the Justice |
| 836 | Administrative Commission's letter stating its objection. The |
| 837 | attorney shall have the burden to prove the entitlement to |
| 838 | attorney's fees, costs, or related expenses, if so, the reasons |
| 839 | therefor. A copy of the motion and attachments shall be served |
| 840 | on the Justice Administrative Commission at least 5 business |
| 841 | days prior to the date of a hearing. The Justice Administrative |
| 842 | Commission shall have standing to appear before the court to |
| 843 | contest any motion for order approving payment of attorney's |
| 844 | fees, costs, or related expenses and may participate in a |
| 845 | hearing on the motion by use of telephonic or other |
| 846 | communication equipment unless ordered otherwise. The Justice |
| 847 | Administrative Commission may contract with other public or |
| 848 | private entities or individuals to appear before the court for |
| 849 | the purpose of contesting any motion for order approving payment |
| 850 | of attorney's fees, costs, or related expenses. The fact that |
| 851 | the Justice Administrative Commission has not objected to any |
| 852 | portion of the billing or to the sufficiency of the |
| 853 | documentation is not binding on the court. The court retains |
| 854 | primary authority and responsibility for determining the |
| 855 | reasonableness of all billings for attorney's fees, costs, and |
| 856 | related expenses, subject to statutory limitations. Private |
| 857 | court-appointed counsel is entitled to compensation upon final |
| 858 | disposition of a case, except as provided in subsections (7), |
| 859 | (8), and (10). Before final disposition of a case, a private |
| 860 | court-appointed counsel may file a motion for fees, costs, and |
| 861 | related expenses for services completed up to the date of the |
| 862 | motion in any case or matter in which legal services have been |
| 863 | provided by the attorney for more than 1 year. The amount |
| 864 | approved by the court may not exceed 80 percent of the fees |
| 865 | earned, or costs and related expenses incurred, to date, or an |
| 866 | amount proportionate to the maximum fees permitted under this |
| 867 | section based on legal services provided to date, whichever is |
| 868 | less. The court may grant the motion if counsel shows that |
| 869 | failure to grant the motion would work a particular hardship |
| 870 | upon counsel. |
| 871 | (6) A private attorney appointed in lieu of the public |
| 872 | defender to represent an indigent defendant may not reassign or |
| 873 | subcontract the case to another attorney or allow another |
| 874 | attorney to appear at a critical stage of a case who is not on |
| 875 | the registry developed under pursuant to s. 27.40. |
| 876 | (7) Private court-appointed counsel representing a parent |
| 877 | in a dependency case that is open may submit a request for |
| 878 | payment to the Justice Administrative Commission at the |
| 879 | following intervals: |
| 880 | (a) Upon entry of an order of disposition as to the parent |
| 881 | being represented. |
| 882 | (b) Upon conclusion of a 12-month permanency review. |
| 883 | (c) Following a judicial review hearing. |
| 884 |
|
| 885 | In no case, however, may counsel submit requests under this |
| 886 | paragraph more than once per quarter, unless the court finds |
| 887 | extraordinary circumstances justifying more frequent submission |
| 888 | of payment requests. |
| 889 | (8) Private court-appointed counsel representing an |
| 890 | individual in an appeal to a district court of appeal or the |
| 891 | Supreme Court may submit a request for payment to the Justice |
| 892 | Administrative Commission at the following intervals: |
| 893 | (a) Upon the filing of an appellate brief, including, but |
| 894 | not limited to, a reply brief. |
| 895 | (b) When the opinion of the appellate court is finalized. |
| 896 | (9) Private court-appointed counsel may not bill for |
| 897 | preparation of invoices whether or not the case is paid on the |
| 898 | basis of an hourly rate or by flat fee. |
| 899 | (10) The Justice Administrative Commission shall develop a |
| 900 | schedule to provide partial payment of attorney fees for cases |
| 901 | that are not resolved within 6 months. The schedule must provide |
| 902 | that the aggregate payments shall not exceed limits established |
| 903 | by law. Any partial payment made pursuant to this subsection |
| 904 | shall not exceed the actual value of services provided to date. |
| 905 | Any partial payment shall be proportionate to the value of |
| 906 | services provided based on payment rates included in the |
| 907 | contract, not to exceed any limit provided by law. |
| 908 | Section 5. Subsection (2) of section 27.54, Florida |
| 909 | Statutes, is amended to read: |
| 910 | 27.54 Limitation on payment of expenditures for public |
| 911 | defender's office other than by the state.-- |
| 912 | (2) A county or municipality may contract with, or |
| 913 | appropriate or contribute funds to, the operation of the offices |
| 914 | of the various public defenders as provided in this subsection. |
| 915 | A public defender defending violations of special laws or county |
| 916 | or municipal ordinances punishable by incarceration and not |
| 917 | ancillary to a state charge shall contract with counties and |
| 918 | municipalities to recover the full cost of services rendered on |
| 919 | an hourly basis or reimburse the state for the full cost of |
| 920 | assigning one or more full-time equivalent attorney positions to |
| 921 | work on behalf of the county or municipality. Notwithstanding |
| 922 | any other provision of law, in the case of a county with a |
| 923 | population of less than 75,000, the public defender shall |
| 924 | contract for full reimbursement, or for reimbursement as the |
| 925 | parties otherwise agree. In local ordinance violation cases, the |
| 926 | county or municipality shall pay for due-process services that |
| 927 | are approved by the court, including deposition costs, |
| 928 | deposition transcript costs, investigative costs, witness fees, |
| 929 | expert witness costs, and interpreter costs. The person charged |
| 930 | with the violation shall be assessed a fee for the services of a |
| 931 | public defender and other costs and fees paid by the county or |
| 932 | municipality, which assessed fee may be reduced to a lien, in |
| 933 | all instances in which the person enters a plea of guilty or no |
| 934 | contest or is found to be in violation or guilty of any count or |
| 935 | lesser included offense of the charge or companion case charges, |
| 936 | regardless of adjudication. The court shall determine the amount |
| 937 | of the obligation. The county or municipality may recover |
| 938 | assessed fees through collections court or as otherwise |
| 939 | permitted by law and any fees recovered pursuant to this section |
| 940 | shall be forwarded to the applicable county or municipality as |
| 941 | reimbursement. |
| 942 | (a) A contract for reimbursement on an hourly basis shall |
| 943 | require a county or municipality to reimburse the public |
| 944 | defender for services rendered at a rate of $50 per hour. If an |
| 945 | hourly rate is specified in the General Appropriations Act, that |
| 946 | rate shall control. |
| 947 | (b) A contract for assigning one or more full-time |
| 948 | equivalent attorney positions to perform work on behalf of the |
| 949 | county or municipality shall assign one or more full-time |
| 950 | equivalent positions based on estimates by the public defender |
| 951 | of the number of hours required to handle the projected |
| 952 | workload. The full cost of each full-time equivalent attorney |
| 953 | position on an annual basis shall be $50, or the amount |
| 954 | specified in the General Appropriations Act, multiplied by the |
| 955 | legislative budget request standard for available work hours for |
| 956 | one full-time equivalent attorney position, or, in the absence |
| 957 | of that standard, 1,854 hours. The contract may provide for |
| 958 | funding full-time equivalent positions in one-quarter |
| 959 | increments. |
| 960 | (c) Any payments received pursuant to this subsection |
| 961 | shall be deposited into the Grants and Donations Trust Fund |
| 962 | within the Justice Administrative Commission for appropriation |
| 963 | by the Legislature. |
| 964 | Section 6. Section 28.24, Florida Statutes, is amended to |
| 965 | read: |
| 966 | 28.24 Service charges by clerk of the circuit court.--The |
| 967 | clerk of the circuit court shall may charge for services |
| 968 | rendered by the clerk's office in recording documents and |
| 969 | instruments and in performing the duties enumerated in amounts |
| 970 | not to exceed those specified in this section. Notwithstanding |
| 971 | any other provision of this section, the clerk of the circuit |
| 972 | court shall provide without charge to the state attorney, public |
| 973 | defender, and guardian ad litem, public guardian, attorney ad |
| 974 | litem, and court-appointed counsel paid by the state, and to the |
| 975 | authorized staff acting on behalf of each, access to and a copy |
| 976 | of any public record, if the requesting party is entitled by law |
| 977 | to view the exempt or confidential record, as maintained by and |
| 978 | in the custody of the clerk of the circuit court as provided in |
| 979 | general law and the Florida Rules of Judicial Administration. |
| 980 | The clerk of the circuit court may provide the requested public |
| 981 | record in an electronic format in lieu of a paper format when |
| 982 | capable of being accessed by the requesting entity. |
| 983 |
|
| 984 | Charges |
| 985 | (1) For examining, comparing, correcting, verifying, and |
| 986 | certifying transcripts of record in appellate proceedings, |
| 987 | prepared by attorney for appellant or someone else other than |
| 988 | clerk per page....4.50 |
| 989 | (2) For preparing, numbering, and indexing an original |
| 990 | record of appellate proceedings, per instrument....3.00 |
| 991 | (3) For certifying copies of any instrument in the public |
| 992 | records....1.50 |
| 993 | (4) For verifying any instrument presented for |
| 994 | certification prepared by someone other than clerk, per |
| 995 | page....3.00 |
| 996 | (5)(a) For making copies by photographic process of any |
| 997 | instrument in the public records consisting of pages of not more |
| 998 | than 14 inches by 81/2 inches, per page....1.00 |
| 999 | (b) For making copies by photographic process of any |
| 1000 | instrument in the public records of more than 14 inches by 81/2 |
| 1001 | inches, per page....5.00 |
| 1002 | (6) For making microfilm copies of any public records: |
| 1003 | (a) 16 mm 100' microfilm roll....37.50 |
| 1004 | (b) 35 mm 100' microfilm roll....52.50 |
| 1005 | (c) Microfiche, per fiche....3.00 |
| 1006 | (7) For copying any instrument in the public records by |
| 1007 | other than photographic process, per page....6.00 |
| 1008 | (8) For writing any paper other than herein specifically |
| 1009 | mentioned, same as for copying, including signing and |
| 1010 | sealing....6.00 |
| 1011 | (9) For indexing each entry not recorded....1.00 |
| 1012 | (10) For receiving money into the registry of court: |
| 1013 | (a)1. First $500, percent....3 |
| 1014 | 2. Each subsequent $100, percent....1.5 |
| 1015 | (b) Eminent domain actions, per deposit....$150.00 |
| 1016 | (11) For examining, certifying, and recording plats and |
| 1017 | for recording condominium exhibits larger than 14 inches by 81/2 |
| 1018 | inches: |
| 1019 | (a) First page....30.00 |
| 1020 | (b) Each additional page....15.00 |
| 1021 | (12) For recording, indexing, and filing any instrument |
| 1022 | not more than 14 inches by 81/2 inches, including required |
| 1023 | notice to property appraiser where applicable: |
| 1024 | (a) First page or fraction thereof....5.00 |
| 1025 | (b) Each additional page or fraction thereof....4.00 |
| 1026 | (c) For indexing instruments recorded in the official |
| 1027 | records which contain more than four names, per additional |
| 1028 | name....1.00 |
| 1029 | (d) An additional service charge shall be paid to the |
| 1030 | clerk of the circuit court to be deposited in the Public Records |
| 1031 | Modernization Trust Fund for each instrument listed in s. |
| 1032 | 28.222, except judgments received from the courts and notices of |
| 1033 | lis pendens, recorded in the official records: |
| 1034 | 1. First page....1.00 |
| 1035 | 2. Each additional page....0.50 |
| 1036 |
|
| 1037 | Said fund shall be held in trust by the clerk and used |
| 1038 | exclusively for equipment and maintenance of equipment, |
| 1039 | personnel training, and technical assistance in modernizing the |
| 1040 | public records system of the office. In a county where the duty |
| 1041 | of maintaining official records exists in an office other than |
| 1042 | the office of the clerk of the circuit court, the clerk of the |
| 1043 | circuit court is entitled to 25 percent of the moneys deposited |
| 1044 | into the trust fund for equipment, maintenance of equipment, |
| 1045 | training, and technical assistance in modernizing the system for |
| 1046 | storing records in the office of the clerk of the circuit court. |
| 1047 | The fund may not be used for the payment of travel expenses, |
| 1048 | membership dues, bank charges, staff-recruitment costs, salaries |
| 1049 | or benefits of employees, construction costs, general operating |
| 1050 | expenses, or other costs not directly related to obtaining and |
| 1051 | maintaining equipment for public records systems or for the |
| 1052 | purchase of furniture or office supplies and equipment not |
| 1053 | related to the storage of records. On or before December 1, |
| 1054 | 1995, and on or before December 1 of each year immediately |
| 1055 | preceding each year during which the trust fund is scheduled for |
| 1056 | legislative review under s. 19(f)(2), Art. III of the State |
| 1057 | Constitution, each clerk of the circuit court shall file a |
| 1058 | report on the Public Records Modernization Trust Fund with the |
| 1059 | President of the Senate and the Speaker of the House of |
| 1060 | Representatives. The report must itemize each expenditure made |
| 1061 | from the trust fund since the last report was filed; each |
| 1062 | obligation payable from the trust fund on that date; and the |
| 1063 | percentage of funds expended for each of the following: |
| 1064 | equipment, maintenance of equipment, personnel training, and |
| 1065 | technical assistance. The report must indicate the nature of the |
| 1066 | system each clerk uses to store, maintain, and retrieve public |
| 1067 | records and the degree to which the system has been upgraded |
| 1068 | since the creation of the trust fund. |
| 1069 | (e) An additional service charge of $4 per page shall be |
| 1070 | paid to the clerk of the circuit court for each instrument |
| 1071 | listed in s. 28.222, except judgments received from the courts |
| 1072 | and notices of lis pendens, recorded in the official records. |
| 1073 | From the additional $4 service charge collected: |
| 1074 | 1. If the counties maintain legal responsibility for the |
| 1075 | costs of the court-related technology needs as defined in s. |
| 1076 | 29.008(1)(f)2. and (h), 10 cents shall be distributed to the |
| 1077 | Florida Association of Court Clerks and Comptroller, Inc., for |
| 1078 | the cost of development, implementation, operation, and |
| 1079 | maintenance of the clerks' Comprehensive Case Information |
| 1080 | System, in which system all clerks shall participate on or |
| 1081 | before January 1, 2006; $1.90 shall be retained by the clerk to |
| 1082 | be deposited in the Public Records Modernization Trust Fund and |
| 1083 | used exclusively for funding court-related technology needs of |
| 1084 | the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall |
| 1085 | be distributed to the board of county commissioners to be used |
| 1086 | exclusively to fund court-related technology, and court |
| 1087 | technology needs as defined in s. 29.008(1)(f)2. and (h) for the |
| 1088 | state trial courts, state attorney, and public defender in that |
| 1089 | county. If the counties maintain legal responsibility for the |
| 1090 | costs of the court-related technology needs as defined in s. |
| 1091 | 29.008(1)(f)2. and (h), notwithstanding any other provision of |
| 1092 | law, the county is not required to provide additional funding |
| 1093 | beyond that provided herein for the court-related technology |
| 1094 | needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All |
| 1095 | court records and official records are the property of the State |
| 1096 | of Florida, including any records generated as part of the |
| 1097 | Comprehensive Case Information System funded pursuant to this |
| 1098 | paragraph and the clerk of court is designated as the custodian |
| 1099 | of such records, except in a county where the duty of |
| 1100 | maintaining official records exists in a county office other |
| 1101 | than the clerk of court, such county office is designated the |
| 1102 | custodian of all official records, and the clerk of court is |
| 1103 | designated the custodian of all court records. The clerk of |
| 1104 | court or any entity acting on behalf of the clerk of court, |
| 1105 | including an association, shall not charge a fee to any agency |
| 1106 | as defined in s. 119.011, the Legislature, or the State Court |
| 1107 | System for copies of records generated by the Comprehensive Case |
| 1108 | Information System or held by the clerk of court or any entity |
| 1109 | acting on behalf of the clerk of court, including an |
| 1110 | association. |
| 1111 | 2. If the state becomes legally responsible for the costs |
| 1112 | of court-related technology needs as defined in s. |
| 1113 | 29.008(1)(f)2. and (h), whether by operation of general law or |
| 1114 | by court order, $4 shall be remitted to the Department of |
| 1115 | Revenue for deposit into the General Revenue Fund. |
| 1116 | (13) Oath, administering, attesting, and sealing, not |
| 1117 | otherwise provided for herein....3.00 |
| 1118 | (14) For validating certificates, any authorized bonds, |
| 1119 | each....3.00 |
| 1120 | (15) For preparing affidavit of domicile....5.00 |
| 1121 | (16) For exemplified certificates, including signing and |
| 1122 | sealing....6.00 |
| 1123 | (17) For authenticated certificates, including signing and |
| 1124 | sealing....6.00 |
| 1125 | (18)(a) For issuing and filing a subpoena for a witness, |
| 1126 | not otherwise provided for herein (includes writing, preparing, |
| 1127 | signing, and sealing)....6.00 |
| 1128 | (b) For signing and sealing only....1.50 |
| 1129 | (19) For approving bond....7.50 |
| 1130 | (20) For searching of records, for each year's |
| 1131 | search....1.50 |
| 1132 | (21) For processing an application for a tax deed sale |
| 1133 | (includes application, sale, issuance, and preparation of tax |
| 1134 | deed, and disbursement of proceeds of sale), other than excess |
| 1135 | proceeds....60.00 |
| 1136 | (22) For disbursement of excess proceeds of tax deed sale, |
| 1137 | first $100 or fraction thereof....10.00 |
| 1138 | (23) Upon receipt of an application for a marriage |
| 1139 | license, for preparing and administering of oath; issuing, |
| 1140 | sealing, and recording of the marriage license; and providing a |
| 1141 | certified copy....30.00 |
| 1142 | (24) For solemnizing matrimony....30.00 |
| 1143 | (25) For sealing any court file or expungement of any |
| 1144 | record....37.50 |
| 1145 | (26)(a) For receiving and disbursing all restitution |
| 1146 | payments, per payment....3.00 |
| 1147 | (b) For receiving and disbursing all partial payments, |
| 1148 | other than restitution payments, for which an administrative |
| 1149 | processing service charge is not imposed pursuant to s. 28.246, |
| 1150 | per month....5.00 |
| 1151 | (c) For setting up a payment plan, a one-time |
| 1152 | administrative processing charge in lieu of a per month charge |
| 1153 | under paragraph (b)....25.00 |
| 1154 | (27) Postal charges incurred by the clerk of the circuit |
| 1155 | court in any mailing by certified or registered mail shall be |
| 1156 | paid by the party at whose instance the mailing is made. |
| 1157 | (28) For furnishing an electronic copy of information |
| 1158 | contained in a computer database: a fee as provided for in |
| 1159 | chapter 119. |
| 1160 | Section 7. Paragraph (a) of subsection (1) and subsection |
| 1161 | (2) of section 28.2402, Florida Statutes, are amended to read: |
| 1162 | 28.2402 Cost recovery; use of the circuit court for |
| 1163 | ordinance or special law violations.-- |
| 1164 | (1)(a) In lieu of payment of a filing fee under s. 28.241, |
| 1165 | a filing fee of $10 shall be paid by a county or municipality |
| 1166 | when filing a county or municipal ordinance violation or |
| 1167 | violation of a special law in circuit court. This fee shall be |
| 1168 | paid to the clerk of the court for performing court-related |
| 1169 | functions. A county or municipality is not required to pay more |
| 1170 | than one filing fee for a single filing against a single |
| 1171 | defendant that contains multiple alleged violations. A filing |
| 1172 | fee, other than that imposed under this section, may not be |
| 1173 | assessed for initiating an enforcement proceeding in circuit |
| 1174 | court for a violation of a county or municipal code or ordinance |
| 1175 | or a violation of a special law. The filing fee shall not apply |
| 1176 | to instances in which a county or municipality has contracted |
| 1177 | with the state, or has been delegated by the state, |
| 1178 | responsibility for enforcing state operations, policies, or |
| 1179 | requirements under s. 125.69, s. 166.0415, or chapter 162. |
| 1180 | (2) To offset costs incurred by the clerks of the court in |
| 1181 | performing court-related functions associated with the |
| 1182 | processing of violations of special laws and municipal |
| 1183 | ordinances, 10 percent of the total amount of fines paid to each |
| 1184 | municipality for special law or ordinance violations filed in |
| 1185 | circuit court shall be retained by the clerk of the court for |
| 1186 | deposit into the clerk's fine and forfeiture fund established |
| 1187 | pursuant to s. 142.01, except for fines a portion of which the |
| 1188 | clerk of the court retains pursuant to any other provision of |
| 1189 | state law. A municipality does not include the unincorporated |
| 1190 | areas, if any, of a government created pursuant to s. 6(e), Art. |
| 1191 | VIII of the State Constitution. |
| 1192 | Section 8. Section 28.245, Florida Statutes, is amended to |
| 1193 | read: |
| 1194 | 28.245 Transmittal of funds to Department of Revenue; |
| 1195 | uniform remittance form required.--Notwithstanding any other |
| 1196 | provision of law, all moneys collected by the clerks of the |
| 1197 | court as part of the clerk's court-related functions for |
| 1198 | subsequent distribution to any state entity must be transmitted |
| 1199 | electronically, by the 20th day of the month immediately |
| 1200 | following the month in which the moneys are collected, to the |
| 1201 | Department of Revenue for appropriate distribution. A uniform |
| 1202 | remittance form provided by the Department of Revenue detailing |
| 1203 | the specific amounts due each fund must accompany such |
| 1204 | submittal. All moneys collected by the clerks of court for |
| 1205 | remittance to any entity must be distributed pursuant to the law |
| 1206 | in effect at the time of collection. |
| 1207 | Section 9. Subsections (1) and (4) of section 28.246, |
| 1208 | Florida Statutes, are amended to read: |
| 1209 | 28.246 Payment of court-related fees, charges, and costs; |
| 1210 | partial payments; distribution of funds.-- |
| 1211 | (1) Beginning July 1, 2003, the clerk of the circuit court |
| 1212 | shall report the following information to the Legislature and |
| 1213 | the Florida Clerks Clerk of Court Operations Corporation |
| 1214 | Conference on a form developed by the Department of Financial |
| 1215 | Services: |
| 1216 | (a) The total amount of mandatory fees, service charges, |
| 1217 | and costs; the total amount actually assessed; the total amount |
| 1218 | discharged, waived, or otherwise not assessed; and the total |
| 1219 | amount collected. |
| 1220 | (b) The amount of discretionary fees, service charges, and |
| 1221 | costs assessed; the total amount discharged; and the total |
| 1222 | amount collected. |
| 1223 | (c) The total amount of mandatory fines and other monetary |
| 1224 | penalties; the total amount assessed; the total amount |
| 1225 | discharged, waived, or otherwise not assessed; and the total |
| 1226 | amount collected. |
| 1227 | (d) The amount of discretionary fines and other monetary |
| 1228 | penalties assessed; the amount discharged; and the total amount |
| 1229 | collected. |
| 1230 |
|
| 1231 | If provided to the clerk of court by the judge, the clerk, in |
| 1232 | reporting the amount assessed, shall separately identify the |
| 1233 | amount assessed pursuant to s. 938.30 as community service; |
| 1234 | assessed by reducing the amount to a judgment or lien; satisfied |
| 1235 | by time served; or other. The form developed by the Chief |
| 1236 | Financial Officer shall include separate entries for recording |
| 1237 | these amounts. The clerk shall submit the report on a quarterly |
| 1238 | basis 30 days after the end of the quarter for the period from |
| 1239 | July 1, 2003, through June 30, 2004, and on an annual basis |
| 1240 | thereafter, 60 days after the end of the county fiscal year. |
| 1241 | (4) The clerk of the circuit court shall accept partial |
| 1242 | payments for court-related fees, service charges, costs, and |
| 1243 | fines in accordance with the terms of an established payment |
| 1244 | plan. An individual seeking to defer payment of fees, service |
| 1245 | charges, costs, or fines imposed by operation of law or order of |
| 1246 | the court under any provision of general law shall apply to the |
| 1247 | clerk for enrollment in a payment plan. The clerk shall enter |
| 1248 | into a payment plan with an individual who the court determines |
| 1249 | is indigent for costs. A monthly payment amount, calculated |
| 1250 | based upon all fees and all anticipated costs, is presumed to |
| 1251 | correspond to the person's ability to pay if the amount does not |
| 1252 | exceed 2 percent of the person's annual net income, as defined |
| 1253 | in 27.52(1), divided by 12. The court may review the |
| 1254 | reasonableness of the payment plan, and determined by the court |
| 1255 | to be unable to make payment in full, shall be enrolled by the |
| 1256 | clerk in a payment program, with periodic payment amounts |
| 1257 | corresponding to the individual's ability to pay. |
| 1258 | Section 10. Section 28.345, Florida Statutes, is amended |
| 1259 | to read: |
| 1260 | 28.345 Exemption from court-related fees and |
| 1261 | charges.--Notwithstanding any other provision of this chapter or |
| 1262 | law to the contrary, judges and those court staff acting on |
| 1263 | behalf of judges, state attorneys, guardians ad litem, public |
| 1264 | guardians, attorneys ad litem, court-appointed private counsel, |
| 1265 | and public defenders, acting in their official capacity, and |
| 1266 | state agencies, are exempt from all court-related fees and |
| 1267 | charges assessed by the clerks of the circuit courts. |
| 1268 | Section 11. Paragraph (a) of subsection (3) and paragraph |
| 1269 | (b) of subsection (4) of section 28.36, Florida Statutes, are |
| 1270 | amended, subsection (6) is renumbered as subsection (7), and a |
| 1271 | new subsection (6) is added to said section, to read: |
| 1272 | 28.36 Budget procedure.--There is hereby established a |
| 1273 | budget procedure for the court-related functions of the clerks |
| 1274 | of the court. |
| 1275 | (3) Each proposed budget shall further conform to the |
| 1276 | following requirements: |
| 1277 | (a) On or before August 15 1 for each fiscal year |
| 1278 | thereafter, the proposed budget shall be prepared, summarized, |
| 1279 | and submitted by the clerk in each county to the Clerks of Court |
| 1280 | Operations Corporation in the manner and form prescribed by the |
| 1281 | corporation conference. The proposed budget must provide |
| 1282 | detailed information on the anticipated revenues available and |
| 1283 | expenditures necessary for the performance of the standard list |
| 1284 | of court-related functions of the clerk's office developed |
| 1285 | pursuant to s. 28.35(4)(a) for the county fiscal year beginning |
| 1286 | the following October 1. |
| 1287 | (4) If a clerk of the court estimates that available funds |
| 1288 | plus projected revenues from fines, fees, service charges, and |
| 1289 | costs for court-related services are insufficient to meet the |
| 1290 | anticipated expenditures for the standard list of court-related |
| 1291 | functions in s. 28.35(4)(a) performed by his or her office, the |
| 1292 | clerk must report the revenue deficit to the Clerks of Court |
| 1293 | Operations Corporation in the manner and form prescribed by the |
| 1294 | corporation pursuant to contract with the Chief Financial |
| 1295 | Officer. The corporation shall verify that the proposed budget |
| 1296 | is limited to the standard list of court-related functions in s. |
| 1297 | 28.35(4)(a). |
| 1298 | (b) If the Chief Financial Officer Department of Revenue |
| 1299 | finds the court-related budget proposed by a clerk includes |
| 1300 | functions not included in the standard list of court-related |
| 1301 | functions in s. 28.35(4)(a) 28.35(3)(a), the Chief Financial |
| 1302 | Officer department shall notify the clerk of the amount of the |
| 1303 | proposed budget not eligible to be funded from fees, service |
| 1304 | charges, costs, and fines for court-related functions and shall |
| 1305 | identify appropriate corrective measures to ensure budget |
| 1306 | integrity. The clerk shall then immediately discontinue all |
| 1307 | ineligible the expenditures of court-related funds for this |
| 1308 | purpose and reimburse the Clerks of the Court Trust Fund for any |
| 1309 | previously ineligible expenditures made for non-court-related |
| 1310 | functions, and shall implement any corrective actions identified |
| 1311 | by the Chief Financial Officer incurred to date for these |
| 1312 | functions. |
| 1313 | (6) The Florida Clerks of Court Operations Corporation, |
| 1314 | upon review and approval by the Chief Financial Officer, may |
| 1315 | approve adjustments to the clerk's maximum annual budget for |
| 1316 | court-related duties if either of the following conditions |
| 1317 | exists: |
| 1318 | (a) The additional funding is necessary to pay the cost of |
| 1319 | performing new or additional functions required by changes in |
| 1320 | law and the legislation which establishes the new or additional |
| 1321 | functions specifically authorizes, by reference to this |
| 1322 | subsection, the adjustment of maximum annual budgets; or |
| 1323 | (b) The additional funding is necessary to pay the cost of |
| 1324 | supporting increases in the number of judges or magistrates |
| 1325 | authorized by the Legislature and the legislation which |
| 1326 | establishes additional judges or magistrates specifically |
| 1327 | authorizes, by reference to this subsection, the adjustment of |
| 1328 | maximum annual budgets. |
| 1329 |
|
| 1330 | Before the maximum annual budget of any clerk can be increased |
| 1331 | pursuant to this subsection, the corporation shall provide the |
| 1332 | Chief Financial Officer and the Legislative Budget Commission |
| 1333 | with a statement of the impact of the proposed budget changes on |
| 1334 | state revenues, performance data indicating unit costs for the |
| 1335 | affected clerk as compared to statewide averages, evidence that |
| 1336 | the respective clerk of the court is meeting or exceeding the |
| 1337 | established performance standards for measures on the fiscal |
| 1338 | management, operational efficiency, and effective collection of |
| 1339 | fines, fees, service charges, and court costs, and a proposed |
| 1340 | staffing model, including the cost and number of staff necessary |
| 1341 | to support additional statutory responsibilities for each new |
| 1342 | judge or magistrate. If not otherwise specified in the |
| 1343 | legislation that establishes additional responsibilities, judges |
| 1344 | or magistrates, any adjustments approved by the corporation |
| 1345 | pursuant to this subsection shall not, in the aggregate, exceed |
| 1346 | 1 percent of the aggregate statewide maximum annual budgets that |
| 1347 | would otherwise be established pursuant to the methodology |
| 1348 | required by this section. Any adjustment to a maximum annual |
| 1349 | budget authorized by this subsection is subject to review and |
| 1350 | approval by the Legislative Budget Commission pursuant to |
| 1351 | chapter 216. |
| 1352 | (7)(6) The corporation may submit proposed legislation to |
| 1353 | the Governor, the President of the Senate, and the Speaker of |
| 1354 | the House of Representatives no later than November 1 in any |
| 1355 | year for approval of clerk budget request amounts exceeding the |
| 1356 | restrictions in this section for the following October 1. If |
| 1357 | proposed legislation is recommended, the corporation shall also |
| 1358 | submit supporting justification with sufficient detail to |
| 1359 | identify the specific proposed expenditures that would cause the |
| 1360 | limitations to be exceeded for each affected clerk and the |
| 1361 | estimated fiscal impact on state revenues. |
| 1362 | Section 12. Subsection (4) of section 28.37, Florida |
| 1363 | Statutes, is amended to read: |
| 1364 | 28.37 Fines, fees, service charges, and costs remitted to |
| 1365 | the state.-- |
| 1366 | (4) Beginning January 1, 2005, for the period July 1, |
| 1367 | 2004, through September 30, 2004, and each January 1 thereafter |
| 1368 | for the preceding county fiscal year of October 1 through |
| 1369 | September 30, the clerk of the court must remit to the |
| 1370 | Department of Revenue for deposit in the General Revenue Fund |
| 1371 | the cumulative excess of all fees, service charges, court costs, |
| 1372 | and fines retained by the clerks of the court, plus any funds |
| 1373 | received by the clerks of the court from the Department of |
| 1374 | Revenue Clerk of the Court Trust Fund under s. 28.36(4)(a), over |
| 1375 | the amount needed to meet the approved budget amounts |
| 1376 | established under s. 28.36. |
| 1377 | Section 13. Section 28.44, Florida Statutes, is created to |
| 1378 | read: |
| 1379 | 28.44 Clerk discontinuance of court-related functions.-- |
| 1380 | (1) No function of the clerk of court being performed in |
| 1381 | support of the trial courts by the individual clerks of court on |
| 1382 | July 1, 2004, may be discontinued or substantially modified on a |
| 1383 | unilateral basis except pursuant to this section. A clerk of |
| 1384 | court may discontinue performing a function performed in support |
| 1385 | of the trial court only if: |
| 1386 | (a) The chief judge of the circuit has consented in |
| 1387 | writing to the discontinuance or substantial modification of the |
| 1388 | function performed in support of the trial court; or |
| 1389 | (b) The clerk of court has given written notice of the |
| 1390 | intention to substantially modify or discontinue a function |
| 1391 | performed in support of the trial court at least one year before |
| 1392 | the effective date of the discontinuance or substantial |
| 1393 | modification of the function. |
| 1394 | (2) "Substantial modification" of a function performed in |
| 1395 | support of the trial court means a modification which has the |
| 1396 | effect of reducing the level of services provided to the trial |
| 1397 | court. |
| 1398 | Section 14. Subsection (6) of section 29.004, Florida |
| 1399 | Statutes, is amended to read: |
| 1400 | 29.004 State courts system.--For purposes of implementing |
| 1401 | s. 14, Art. V of the State Constitution, the elements of the |
| 1402 | state courts system to be provided from state revenues |
| 1403 | appropriated by general law are as follows: |
| 1404 | (6) Expert witnesses who not requested by any party which |
| 1405 | are appointed by the court pursuant to an express grant of |
| 1406 | statutory authority. |
| 1407 | Section 15. Subsections (4), (5), (6), (7), and (8) of |
| 1408 | section 29.005, Florida Statutes, are amended to read: |
| 1409 | 29.005 State attorneys' offices and prosecution |
| 1410 | expenses.--For purposes of implementing s. 14, Art. V of the |
| 1411 | State Constitution, the elements of the state attorneys' offices |
| 1412 | to be provided from state revenues appropriated by general law |
| 1413 | are as follows: |
| 1414 | (4) Mental health professionals appointed pursuant to s. |
| 1415 | 394.473 and required in a court hearing involving an indigent, |
| 1416 | and mental health professionals appointed pursuant to s. |
| 1417 | 916.115(2) and required in a court hearing involving an |
| 1418 | indigent. |
| 1419 | (4)(5) Reasonable transportation services in the |
| 1420 | performance of constitutional and statutory responsibilities. |
| 1421 | Motor vehicles owned by the counties and provided exclusively to |
| 1422 | state attorneys as of July 1, 2003, and any additional vehicles |
| 1423 | owned by the counties and provided exclusively to state |
| 1424 | attorneys during fiscal year 2003-2004 shall be transferred by |
| 1425 | title to the state effective July 1, 2004. |
| 1426 | (5)(6) Travel expenses reimbursable under s. 112.061 |
| 1427 | reasonably necessary in the performance of constitutional and |
| 1428 | statutory responsibilities. |
| 1429 | (6)(7) Reasonable library and electronic legal research |
| 1430 | services, other than a public law library. |
| 1431 | (7)(8) Reasonable pretrial consultation fees and costs. |
| 1432 | Section 16. Section 29.007, Florida Statutes, is amended |
| 1433 | to read: |
| 1434 | 29.007 Court-appointed counsel.--For purposes of |
| 1435 | implementing s. 14, Art. V of the State Constitution, the |
| 1436 | elements of court-appointed counsel to be provided from state |
| 1437 | revenues appropriated by general law are as follows: |
| 1438 | (1) Private attorneys appointed by the court to handle |
| 1439 | cases where the defendant is indigent and cannot be represented |
| 1440 | by the public defender under ss. 27.42 and 27.53. |
| 1441 | (2) Private attorneys appointed by the court to represent |
| 1442 | indigents or other classes of litigants in civil proceedings |
| 1443 | requiring court-appointed counsel in accordance with state and |
| 1444 | federal constitutional guarantees and federal and state |
| 1445 | statutes. |
| 1446 | (3) Reasonable court reporting and transcription services |
| 1447 | necessary to meet constitutional or statutory requirements, |
| 1448 | including the cost of transcribing and copying depositions of |
| 1449 | witnesses and the cost of foreign language and sign-language |
| 1450 | interpreters and translators. |
| 1451 | (4) Witnesses, including expert witnesses, summoned to |
| 1452 | appear for an investigation, preliminary hearing, or trial in a |
| 1453 | case when the witnesses are summoned on behalf of an indigent, |
| 1454 | and any other expert witnesses approved by the court. |
| 1455 | (5) Mental health professionals appointed pursuant to s. |
| 1456 | 394.473 and required in a court hearing involving an indigent, |
| 1457 | and mental health professionals appointed pursuant to s. |
| 1458 | 916.115(2) and required in a court hearing involving an |
| 1459 | indigent, and any other mental health professionals expressly |
| 1460 | required by law for the full adjudication of any civil case |
| 1461 | involving an indigent person. |
| 1462 | (6) Reasonable pretrial consultation fees and costs. |
| 1463 | (7) Travel expenses reimbursable under s. 112.061 |
| 1464 | reasonably necessary in the performance of constitutional and |
| 1465 | statutory responsibilities. |
| 1466 |
|
| 1467 | Subsections (3), (4), (5), (6), and (7) apply when court- |
| 1468 | appointed counsel is appointed; when the court determines that |
| 1469 | the litigant is indigent for costs; or when the litigant is |
| 1470 | acting pro se and the court determines that the litigant is |
| 1471 | indigent for costs at the trial or appellate level. This section |
| 1472 | applies in any situation in which the court appoints counsel to |
| 1473 | protect a litigant's due-process rights. The Justice |
| 1474 | Administrative Commission shall approve uniform contract forms |
| 1475 | for use in processing payments for due process services under |
| 1476 | this section. In each case in which a private attorney |
| 1477 | represents a person determined by the court to be indigent for |
| 1478 | costs, the attorney shall execute the commission's contract for |
| 1479 | private attorneys representing persons determined to be indigent |
| 1480 | for costs. |
| 1481 | Section 17. Subsection (1) of section 29.008, Florida |
| 1482 | Statutes, is amended to read: |
| 1483 | 29.008 County funding of court-related functions.-- |
| 1484 | (1) Counties are required by s. 14, Art. V of the State |
| 1485 | Constitution to fund the cost of communications services, |
| 1486 | existing radio systems, existing multiagency criminal justice |
| 1487 | information systems, and the cost of construction or lease, |
| 1488 | maintenance, utilities, and security of facilities for the |
| 1489 | circuit and county courts, public defenders' offices, state |
| 1490 | attorneys' offices, guardian ad litem offices, and the offices |
| 1491 | of the clerks of the circuit and county courts performing court- |
| 1492 | related functions. For purposes of this section, the term |
| 1493 | "circuit and county courts" shall include the offices and |
| 1494 | staffing of the guardian ad litem programs. The county |
| 1495 | designated under s. 35.05(1) as the headquarters for each |
| 1496 | appellate district shall fund these costs for the appellate |
| 1497 | division of the public defender's office in that county. For |
| 1498 | purposes of implementing these requirements, the term: |
| 1499 | (a) "Facility" means reasonable and necessary buildings |
| 1500 | and office space and appurtenant equipment and furnishings, |
| 1501 | structures, real estate, easements, and related interests in |
| 1502 | real estate, including, but not limited to, those for the |
| 1503 | purpose of housing legal materials for use by the general public |
| 1504 | and personnel, equipment, or functions of the circuit or county |
| 1505 | courts, public defenders' offices, state attorneys' offices, and |
| 1506 | court-related functions of the office of the clerks of the |
| 1507 | circuit and county courts and all storage. The term "facility" |
| 1508 | includes all wiring necessary for court-reporting services. The |
| 1509 | term also includes access to parking for such facilities in |
| 1510 | connection with such court-related functions that may be |
| 1511 | available free or from a private provider or a local government |
| 1512 | for a fee. The office space provided by a county may not be less |
| 1513 | than the standards for space allotment adopted by the Department |
| 1514 | of Management Services, except this requirement applies only to |
| 1515 | facilities that are leased, or on which construction commences, |
| 1516 | after June 30, 2003. County funding must include physical |
| 1517 | modifications and improvements to all facilities as are required |
| 1518 | for compliance with the Americans with Disabilities Act. Upon |
| 1519 | mutual agreement of a county and the affected entity in this |
| 1520 | paragraph, the office space provided by the county may vary from |
| 1521 | the standards for space allotment adopted by the Department of |
| 1522 | Management Services. This section applies only to facilities |
| 1523 | that are leased, or on which construction commences, after June |
| 1524 | 30, 2003. |
| 1525 | 1. As of July 1, 2005, equipment and furnishings shall be |
| 1526 | limited to that appropriate and customary for courtrooms, |
| 1527 | hearing rooms, jury facilities, and other public areas in |
| 1528 | courthouses and any other facility occupied by the courts, state |
| 1529 | attorneys, and public defenders. Court-reporting equipment in |
| 1530 | these areas or facilities is not a responsibility of the county. |
| 1531 | 2. Equipment and furnishings under this paragraph in |
| 1532 | existence and owned by counties on July 1, 2005, except for that |
| 1533 | in the possession of the clerks, for areas other than |
| 1534 | courtrooms, hearing rooms, jury facilities, and other public |
| 1535 | areas in courthouses and any other facility occupied by the |
| 1536 | courts, state attorneys, and public defenders, shall be |
| 1537 | transferred to the state at no charge. This provision does not |
| 1538 | apply to any communication services as defined in paragraph (f). |
| 1539 | (b) "Construction or lease" includes, but is not limited |
| 1540 | to, all reasonable and necessary costs of the acquisition or |
| 1541 | lease of facilities for all judicial officers, staff, jurors, |
| 1542 | volunteers of a tenant agency, and the public for the circuit |
| 1543 | and county courts, the public defenders' offices, state |
| 1544 | attorneys' offices, and for performing the court-related |
| 1545 | functions of the offices of the clerks of the circuit and county |
| 1546 | courts. This includes expenses related to financing such |
| 1547 | facilities and the existing and future cost and bonded |
| 1548 | indebtedness associated with placing the facilities in use. |
| 1549 | (c) "Maintenance" includes, but is not limited to, all |
| 1550 | reasonable and necessary costs of custodial and groundskeeping |
| 1551 | services and renovation and reconstruction as needed to |
| 1552 | accommodate functions for the circuit and county courts, the |
| 1553 | public defenders' offices, and state attorneys' offices and for |
| 1554 | performing the court-related functions of the offices of the |
| 1555 | clerks of the circuit and county court and for maintaining the |
| 1556 | facilities in a condition appropriate and safe for the use |
| 1557 | intended. |
| 1558 | (d) "Utilities" means all electricity services for light, |
| 1559 | heat, and power; natural or manufactured gas services for light, |
| 1560 | heat, and power; water and wastewater services and systems, |
| 1561 | stormwater or runoff services and systems, sewer services and |
| 1562 | systems, all costs or fees associated with these services and |
| 1563 | systems, and any costs or fees associated with the mitigation of |
| 1564 | environmental impacts directly related to the facility. |
| 1565 | (e) "Security" includes but is not limited to, all |
| 1566 | reasonable and necessary costs of services of law enforcement |
| 1567 | officers or licensed security guards and all electronic, |
| 1568 | cellular, or digital monitoring and screening devices necessary |
| 1569 | to ensure the safety and security of all persons visiting or |
| 1570 | working in a facility; to provide for security of the facility, |
| 1571 | including protection of property owned by the county or the |
| 1572 | state; and for security of prisoners brought to any facility. |
| 1573 | This includes bailiffs while providing courtroom and other |
| 1574 | security for each judge and other quasi-judicial officers. |
| 1575 | (f) "Communications services" are defined as any |
| 1576 | reasonable and necessary transmission, emission, and reception |
| 1577 | of signs, signals, writings, images, and sounds of intelligence |
| 1578 | of any nature by wire, radio, optical, audio equipment, or other |
| 1579 | electromagnetic systems and includes all facilities and |
| 1580 | equipment owned, leased, or used by judges, clerks, public |
| 1581 | defenders, state attorneys, and all staff of the state courts |
| 1582 | system, state attorneys' offices, public defenders' offices, and |
| 1583 | clerks of the circuit and county courts performing court-related |
| 1584 | functions. Such system or services shall include, but not be |
| 1585 | limited to: |
| 1586 | 1. Telephone system infrastructure, including computer |
| 1587 | lines, telephone switching equipment, and maintenance, and |
| 1588 | facsimile equipment, wireless communications, cellular |
| 1589 | telephones, pagers, and video teleconferencing equipment and |
| 1590 | line charges. Each county shall continue to provide access to a |
| 1591 | local carrier for local and long distance service and shall pay |
| 1592 | toll charges for local and long distance service. |
| 1593 | 2. All computer networks, systems and equipment, including |
| 1594 | computer hardware and software, modems, printers, wiring, |
| 1595 | network connections, maintenance, support staff or services |
| 1596 | including any county-funded support staff located in the offices |
| 1597 | of the circuit court, county courts, state attorneys, and public |
| 1598 | defenders, training, supplies, and line charges necessary for an |
| 1599 | integrated computer system to support the operations and |
| 1600 | management of the state courts system, the offices of the public |
| 1601 | defenders, the offices of the state attorneys, and the offices |
| 1602 | of the clerks of the circuit and county courts and the |
| 1603 | capability to connect those entities and reporting data to the |
| 1604 | state as required for the transmission of revenue, performance |
| 1605 | accountability, case management, data collection, budgeting, and |
| 1606 | auditing purposes. The integrated computer system shall be |
| 1607 | operational by July 1, 2006, and, at a minimum, permit the |
| 1608 | exchange of financial, performance accountability, case |
| 1609 | management, case disposition, and other data across multiple |
| 1610 | state and county information systems involving multiple users at |
| 1611 | both the state level and within each judicial circuit and be |
| 1612 | able to electronically exchange judicial case background data, |
| 1613 | sentencing scoresheets, and video evidence information stored in |
| 1614 | integrated case management systems over secure networks. Once |
| 1615 | the integrated system becomes operational, counties may reject |
| 1616 | requests to purchase communication services included in this |
| 1617 | subparagraph not in compliance with standards, protocols, or |
| 1618 | processes adopted by the board established pursuant to s. |
| 1619 | 29.0086. |
| 1620 | 3. Courier messenger and subpoena services. |
| 1621 | 4. Auxiliary aids and services for qualified individuals |
| 1622 | with a disability which are necessary to ensure access to the |
| 1623 | courts. Such auxiliary aids and services include, but are not |
| 1624 | limited to, sign language interpretation services required under |
| 1625 | the federal Americans with Disabilities Act other than services |
| 1626 | required to satisfy due-process due process requirements and |
| 1627 | identified as a state funding responsibility pursuant to ss. |
| 1628 | 29.004, 29.005, 29.006, and 29.007, real-time transcription |
| 1629 | services for individuals who are hearing impaired, and assistive |
| 1630 | listening devices and the equipment necessary to implement such |
| 1631 | accommodations. |
| 1632 | (g) "Existing radio systems" includes, but is not limited |
| 1633 | to, law enforcement radio systems that are used by the circuit |
| 1634 | and county courts, the offices of the public defenders, the |
| 1635 | offices of the state attorneys, and for court-related functions |
| 1636 | of the offices of the clerks of the circuit and county courts. |
| 1637 | This includes radio systems that were operational or under |
| 1638 | contract at the time Revision No. 7, 1998, to Art. V of the |
| 1639 | State Constitution was adopted and any enhancements made |
| 1640 | thereafter, the maintenance of those systems, and the personnel |
| 1641 | and supplies necessary for operation. |
| 1642 | (h) "Existing multiagency criminal justice information |
| 1643 | systems" includes, but is not limited to, those components of |
| 1644 | the multiagency criminal justice information system as defined |
| 1645 | in s. 943.045, supporting the offices of the circuit or county |
| 1646 | courts, the public defenders' offices, the state attorneys' |
| 1647 | offices, or those portions of the offices of the clerks of the |
| 1648 | circuit and county courts performing court-related functions |
| 1649 | that are used to carry out the court-related activities of those |
| 1650 | entities. This includes upgrades and maintenance of the current |
| 1651 | equipment, maintenance and upgrades of supporting technology |
| 1652 | infrastructure and associated staff, and services and expenses |
| 1653 | to assure continued information sharing and reporting of |
| 1654 | information to the state. The counties shall also provide |
| 1655 | additional information technology services, hardware, and |
| 1656 | software as needed for new judges and staff of the state courts |
| 1657 | system, state attorneys' offices, public defenders' offices, and |
| 1658 | the offices of the clerks of the circuit and county courts |
| 1659 | performing court-related functions. |
| 1660 | Section 18. Section 29.0081, Florida Statutes, is |
| 1661 | created to read: |
| 1662 | 29.0081 County funding of additional court |
| 1663 | personnel.-- |
| 1664 | (1) A county and the chief judge of a judicial circuit |
| 1665 | that includes that county may enter into an agreement under |
| 1666 | which the county funds personnel positions to assist in the |
| 1667 | operation of the circuit. |
| 1668 | (2) The agreement shall, at a minimum, provide that: |
| 1669 | (a) Funding for the positions is provided on at least |
| 1670 | a court fiscal-year basis. |
| 1671 | (b) The personnel whose employment is funded under the |
| 1672 | agreement are employees of the judicial circuit and are hired, |
| 1673 | supervised, managed, and fired by personnel of the judicial |
| 1674 | circuit. |
| 1675 | (c) The positions terminate upon the expiration of, or |
| 1676 | substantial breach of, the agreement or upon the expiration of |
| 1677 | county funding for the positions. |
| 1678 | (3) Positions funded under this section shall be |
| 1679 | full-time equivalent positions of the judicial circuit but |
| 1680 | shall not count against any formula or similar process used by |
| 1681 | the Office of the State Courts Administrator to determine |
| 1682 | personnel needs or levels of a judicial circuit. |
| 1683 | (4) Nothing in this section obligates the state to |
| 1684 | fund any personnel positions. |
| 1685 | Section 19. Subsection (2) of section 29.015, Florida |
| 1686 | Statutes, is amended to read: |
| 1687 | 29.015 Contingency fund; limitation of authority to |
| 1688 | transfer funds in contracted due process services appropriation |
| 1689 | categories.-- |
| 1690 | (2) In the event that a state attorney or public defender |
| 1691 | incurs a deficit in a contracted due process services |
| 1692 | appropriation category, the following steps shall be taken in |
| 1693 | order: |
| 1694 | (a) The state attorney or public defender shall first |
| 1695 | attempt to identify surplus funds from other appropriation |
| 1696 | categories within his or her office and submit a budget |
| 1697 | amendment pursuant to chapter 216 to transfer funds from within |
| 1698 | the office. |
| 1699 | (b) In the event that the state attorney or public |
| 1700 | defender is unable to identify surplus funds from within his or |
| 1701 | her office, he or she shall certify this to the Justice |
| 1702 | Administrative Commission along with a complete explanation of |
| 1703 | the circumstances which led to the deficit and steps the office |
| 1704 | has taken to reduce or alleviate the deficit. The Justice |
| 1705 | Administrative Commission shall inquire as to whether any other |
| 1706 | office has surplus funds in its contracted due process services |
| 1707 | appropriation categories which can be transferred to the office |
| 1708 | that is experiencing the deficit. If other offices indicate that |
| 1709 | surplus funds are available within the same appropriation |
| 1710 | category, the Justice Administrative Commission shall transfer |
| 1711 | the amount needed to fund the deficit and notify the Governor |
| 1712 | and the chair and vice chair of the Legislative Budget |
| 1713 | Commission 14 days prior to a transfer pursuant to the notice, |
| 1714 | review, and objection provisions of s. 216.177. If funds |
| 1715 | appropriated for this purpose are available in a different |
| 1716 | budget entity, the Justice Administrative Commission shall |
| 1717 | request a budget amendment pursuant to chapter 216 request a |
| 1718 | budget amendment to transfer funds from the office or offices to |
| 1719 | alleviate the deficit upon agreement of the contributing office |
| 1720 | or offices. |
| 1721 | (c) If no office indicates that surplus funds are |
| 1722 | available to alleviate the deficit, the Justice Administrative |
| 1723 | Commission may request a budget amendment to transfer funds from |
| 1724 | the contingency fund. Such transfers shall be in accordance with |
| 1725 | all applicable provisions of chapter 216 and shall be subject to |
| 1726 | review and approval by the Legislative Budget Commission. The |
| 1727 | Justice Administrative Commission shall submit the documentation |
| 1728 | provided by the office explaining the circumstances that led to |
| 1729 | the deficit and the steps taken by the office and the Justice |
| 1730 | Administrative Commission to identify surplus funds to the |
| 1731 | Legislative Budget Commission. |
| 1732 | Section 20. Section 29.018, Florida Statutes, is amended |
| 1733 | to read: |
| 1734 | 29.018 Cost sharing of due-process services due process |
| 1735 | costs; legislative intent.--It is the intent of the Legislature |
| 1736 | to provide state-funded due-process due process services to the |
| 1737 | state courts system, state attorneys, public defenders, and |
| 1738 | court-appointed counsel in the most cost-effective and efficient |
| 1739 | manner. The state courts system, state attorneys, public |
| 1740 | defenders, and the Justice Administrative Commission on behalf |
| 1741 | of court-appointed counsel may enter into contractual agreements |
| 1742 | to share, on a pro rata basis, the costs associated with court |
| 1743 | reporting services, court interpreter and translation services, |
| 1744 | court experts, and all other due-process due process services |
| 1745 | funded by the state pursuant to this chapter. These costs shall |
| 1746 | be budgeted within the funds appropriated to each of the |
| 1747 | affected users of services. |
| 1748 | Section 21. Section 29.0185, Florida Statutes, is created |
| 1749 | to read: |
| 1750 | 29.0185 Provision of state-funded due-process services to |
| 1751 | individuals.--Due-process services may not be provided with |
| 1752 | state revenues to an individual unless the individual on whose |
| 1753 | behalf the due-process services are being provided is eligible |
| 1754 | for court-appointed counsel under s. 27.40, based upon a |
| 1755 | determination of indigency under s. 27.52, regardless of whether |
| 1756 | such counsel is appointed or the individual on whose behalf the |
| 1757 | due process services are being provided is eligible for court- |
| 1758 | appointed counsel under s. 27.40 and has been determined |
| 1759 | indigent for costs pursuant to s. 27.52. |
| 1760 | Section 22. Subsection (1) of section 34.045, Florida |
| 1761 | Statutes, is amended to read: |
| 1762 | 34.045 Cost recovery; use of the county court for |
| 1763 | ordinance or special law violations.-- |
| 1764 | (1)(a) In lieu of payment of a filing fee under s. 34.041, |
| 1765 | a filing fee of $10 shall be paid by a county or municipality |
| 1766 | when filing a violation of a county or municipal ordinance or a |
| 1767 | violation of a special law in county court. This fee shall be |
| 1768 | paid to the clerk of the court for performing court-related |
| 1769 | functions. A county or municipality is not required to pay more |
| 1770 | than one filing fee for a single filing against a single |
| 1771 | defendant that contains multiple alleged violations. A filing |
| 1772 | fee, other than that imposed under this section, may not be |
| 1773 | assessed for initiating an enforcement proceeding in county |
| 1774 | court for a violation of a county or municipal code or ordinance |
| 1775 | or a violation of a special law. The filing fee shall not apply |
| 1776 | to instances in which a county or municipality has contracted |
| 1777 | with the state, or has been delegated by the state, |
| 1778 | responsibility for enforcing state operations, policies, or |
| 1779 | requirements under s. 125.69, s. 166.0415, or chapter 162. |
| 1780 | (b) No other filing fee may be assessed for filing the |
| 1781 | violation in county court. If a person contests the violation in |
| 1782 | court, the court shall assess $40 in costs against the |
| 1783 | nonprevailing party. The county or municipality shall be |
| 1784 | considered the prevailing party when there is a plea or finding |
| 1785 | of violation or guilt to any count or lesser included offense of |
| 1786 | the charge or companion case charges, regardless of |
| 1787 | adjudication. Costs Cost recovered pursuant to this paragraph |
| 1788 | shall be deposited into the clerk's fine and forfeiture fund |
| 1789 | established pursuant to s. 142.01. |
| 1790 | (c) If the person does not contest the violation in court |
| 1791 | or if the county or municipality is the prevailing party, the |
| 1792 | court shall assess the person or nonprevailing party $10 for the |
| 1793 | filing fee provided in paragraph (a), which amount shall be |
| 1794 | forwarded to the county or municipality. |
| 1795 | Section 23. Section 34.191, Florida Statutes, is amended |
| 1796 | to read: |
| 1797 | 34.191 Fines and forfeitures; dispositions.-- |
| 1798 | (1) All fines and forfeitures arising from offenses tried |
| 1799 | in the county court shall be collected and accounted for by the |
| 1800 | clerk of the court and, other than the charge provided in s. |
| 1801 | 318.1215, disbursed in accordance with ss. 28.2402, 34.045, |
| 1802 | 142.01, and 142.03 142.13 and subject to the provisions of s. |
| 1803 | 28.246(5) and (6). Notwithstanding the provisions of this |
| 1804 | section, all fines and forfeitures arising from operation of the |
| 1805 | provisions of s. 318.1215 shall be disbursed in accordance with |
| 1806 | that section. |
| 1807 | (2) All fines and forfeitures received from violations of |
| 1808 | municipal ordinances committed within a municipality within the |
| 1809 | territorial jurisdiction of the county court, other than the |
| 1810 | charge provided in s. 318.1215, shall be paid monthly to the |
| 1811 | municipality except as provided in s. 28.2402(2), s. 34.045(2), |
| 1812 | s. 318.21, or s. 943.25. A municipality does not include the |
| 1813 | unincorporated areas, if any, of a government created pursuant |
| 1814 | to s. 6(e), Art. VIII of the State Constitution. |
| 1815 | (3) All other fines and forfeitures collected by the |
| 1816 | clerk, other than the charge provided in s. 318.1215, shall be |
| 1817 | considered income of the office of the clerk for use in |
| 1818 | performing court-related duties of the office. |
| 1819 | Section 24. Subsection (3) of section 39.0132, Florida |
| 1820 | Statutes, is amended to read: |
| 1821 | 39.0132 Oaths, records, and confidential information.-- |
| 1822 | (3) The clerk shall keep all court records required by |
| 1823 | this chapter separate from other records of the circuit court. |
| 1824 | All court records required by this chapter shall not be open to |
| 1825 | inspection by the public. All records shall be inspected only |
| 1826 | upon order of the court by persons deemed by the court to have a |
| 1827 | proper interest therein, except that, subject to the provisions |
| 1828 | of s. 63.162, a child and the parents of the child and their |
| 1829 | attorneys, guardian ad litem, law enforcement agencies, and the |
| 1830 | department and its designees shall always have the right to |
| 1831 | inspect and copy any official record pertaining to the child. |
| 1832 | The Justice Administrative Commission may inspect court dockets |
| 1833 | required by this chapter as necessary to audit compensation of |
| 1834 | court-appointed attorneys. If the docket is insufficient for |
| 1835 | purposes of the audit, the commission may petition the court for |
| 1836 | additional documentation as necessary and appropriate. The court |
| 1837 | may permit authorized representatives of recognized |
| 1838 | organizations compiling statistics for proper purposes to |
| 1839 | inspect and make abstracts from official records, under whatever |
| 1840 | conditions upon their use and disposition the court may deem |
| 1841 | proper, and may punish by contempt proceedings any violation of |
| 1842 | those conditions. |
| 1843 | Section 25. Subsection (1) of section 39.821, Florida |
| 1844 | Statutes, is amended to read: |
| 1845 | 39.821 Qualifications of guardians ad litem.-- |
| 1846 | (1) Because of the special trust or responsibility placed |
| 1847 | in a guardian ad litem, the Guardian Ad Litem Program may use |
| 1848 | any private funds collected by the program, or any state funds |
| 1849 | so designated, to conduct a security background investigation |
| 1850 | before certifying a volunteer to serve. A security background |
| 1851 | investigation must include, but need not be limited to, |
| 1852 | employment history checks, checks of references, local criminal |
| 1853 | records checks through local law enforcement agencies, and |
| 1854 | statewide criminal records checks through the Department of Law |
| 1855 | Enforcement. Upon request, an employer shall furnish a copy of |
| 1856 | the personnel record for the employee or former employee who is |
| 1857 | the subject of a security background investigation conducted |
| 1858 | under this section. The information contained in the personnel |
| 1859 | record may include, but need not be limited to, disciplinary |
| 1860 | matters and the reason why the employee was terminated from |
| 1861 | employment. An employer who releases a personnel record for |
| 1862 | purposes of a security background investigation is presumed to |
| 1863 | have acted in good faith and is not liable for information |
| 1864 | contained in the record without a showing that the employer |
| 1865 | maliciously falsified the record. A security background |
| 1866 | investigation conducted under this section must ensure that a |
| 1867 | person is not certified as a guardian ad litem if the person has |
| 1868 | been convicted of, regardless of adjudication, or entered a plea |
| 1869 | of nolo contendere or guilty to, any offense prohibited under |
| 1870 | the provisions of the Florida Statutes specified in s. 435.04(2) |
| 1871 | or under any similar law in another jurisdiction. Before |
| 1872 | certifying an applicant to serve as a guardian ad litem, the |
| 1873 | Guardian Ad Litem Program chief judge of the circuit court may |
| 1874 | request a federal criminal records check of the applicant |
| 1875 | through the Federal Bureau of Investigation. In analyzing and |
| 1876 | evaluating the information obtained in the security background |
| 1877 | investigation, the program must give particular emphasis to past |
| 1878 | activities involving children, including, but not limited to, |
| 1879 | child-related criminal offenses or child abuse. The program has |
| 1880 | the sole discretion in determining whether to certify a person |
| 1881 | based on his or her security background investigation. The |
| 1882 | information collected pursuant to the security background |
| 1883 | investigation is confidential and exempt from s. 119.07(1). |
| 1884 | Section 26. Section 39.822, Florida Statutes, is amended |
| 1885 | to read: |
| 1886 | 39.822 Appointment of guardian ad litem for abused, |
| 1887 | abandoned, or neglected child.-- |
| 1888 | (1) A guardian ad litem shall be appointed by the court at |
| 1889 | the earliest possible time to represent the child in any child |
| 1890 | abuse, abandonment, or neglect judicial proceeding, whether |
| 1891 | civil or criminal. Any person participating in a civil or |
| 1892 | criminal judicial proceeding resulting from such appointment |
| 1893 | shall be presumed prima facie to be acting in good faith and in |
| 1894 | so doing shall be immune from any liability, civil or criminal, |
| 1895 | that otherwise might be incurred or imposed. |
| 1896 | (2) In those cases in which the parents are financially |
| 1897 | able, the parent or parents of the child shall reimburse the |
| 1898 | court, in part or in whole, for the cost of provision of |
| 1899 | guardian ad litem services. Reimbursement to the individual |
| 1900 | providing guardian ad litem services shall not be contingent |
| 1901 | upon successful collection by the court from the parent or |
| 1902 | parents. |
| 1903 | (3) Upon presentation by a guardian ad litem of a court |
| 1904 | order appointing the guardian ad litem: |
| 1905 | (a) An agency, as defined in chapter 119, shall allow the |
| 1906 | guardian ad litem to inspect and copy records related to the |
| 1907 | best interests of the child who is the subject of the |
| 1908 | appointment, including, but not limited to, records made |
| 1909 | confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of |
| 1910 | the State Constitution. The guardian ad litem shall maintain the |
| 1911 | confidential or exempt status of any records shared by an agency |
| 1912 | under this paragraph. |
| 1913 | (b) A person or organization, other than an agency under |
| 1914 | paragraph (a), shall allow the guardian ad litem to inspect and |
| 1915 | copy any records related to the best interests of the child who |
| 1916 | is the subject of the appointment, including, but not limited |
| 1917 | to, confidential records. |
| 1918 |
|
| 1919 | For the purposes of this subsection, the term "records related |
| 1920 | to the best interests of the child" includes, but is not limited |
| 1921 | to, medical, mental health, substance abuse, child care, |
| 1922 | education, law enforcement, court, social services, and |
| 1923 | financial records. |
| 1924 | (4)(3) The guardian ad litem or the program representative |
| 1925 | shall review all disposition recommendations and changes in |
| 1926 | placements, and must be present at all critical stages of the |
| 1927 | dependency proceeding or submit a written report of |
| 1928 | recommendations to the court. Written reports must be filed with |
| 1929 | the court and served on all parties whose whereabouts are known |
| 1930 | at least 72 hours prior to the hearing. |
| 1931 | Section 27. Subsection (1) of section 40.29, Florida |
| 1932 | Statutes, is amended to read: |
| 1933 | 40.29 Payment of due-process due process costs.-- |
| 1934 | (1)(a) Each clerk of the circuit court, on behalf of the |
| 1935 | courts, the state attorney, court-appointed counsel, and the |
| 1936 | public defender, shall forward to the Justice Administrative |
| 1937 | Commission, by county, a quarterly estimate of funds necessary |
| 1938 | to pay for ordinary witnesses, including, but not limited to, |
| 1939 | witnesses in civil traffic cases and witnesses of the state |
| 1940 | attorney, public defender, court-appointed counsel, and persons |
| 1941 | determined to be indigent for costs except expert witnesses paid |
| 1942 | pursuant to a contract or other professional services agreement, |
| 1943 | pursuant to ss. 29.005 and 29.006. Each quarter of the state |
| 1944 | fiscal year, the commission, based upon the estimates, shall |
| 1945 | advance funds to each clerk to pay for these ordinary witnesses |
| 1946 | from state funds specifically appropriated for the payment of |
| 1947 | ordinary witnesses. |
| 1948 | (b) Each clerk of the circuit court shall forward to the |
| 1949 | Office of the State Courts Administrator, by county, a quarterly |
| 1950 | estimate of funds necessary to pay juror compensation. |
| 1951 | Section 28. Section 40.355, Florida Statutes, is created |
| 1952 | to read: |
| 1953 | 40.355 Accounting and payment to public defenders and |
| 1954 | state attorneys.--The clerk of the court shall, within 2 weeks |
| 1955 | after the last day of the state's fiscal year, render to the |
| 1956 | state attorney and the public defender in each circuit a full |
| 1957 | statement of accounts for moneys received and disbursed under |
| 1958 | this chapter. |
| 1959 | Section 29. Subsections (5) and (6) of section 43.16, |
| 1960 | Florida Statutes, are amended, and subsection (7) is added to |
| 1961 | said section, to read: |
| 1962 | 43.16 Justice Administrative Commission; membership, |
| 1963 | powers and duties.-- |
| 1964 | (5) The duties of the commission shall include, but not be |
| 1965 | limited to, the following: |
| 1966 | (a) The maintenance of a central state office for |
| 1967 | administrative services and assistance when possible to and on |
| 1968 | behalf of the state attorneys and public defenders of Florida, |
| 1969 | the office of capital collateral representative of Florida, and |
| 1970 | the Guardian Ad Litem Program Judicial Qualifications |
| 1971 | Commission. |
| 1972 | (b) Each state attorney and public defender and the |
| 1973 | Guardian Ad Litem Program Judicial Qualifications Commission |
| 1974 | shall continue to prepare necessary budgets, vouchers which |
| 1975 | represent valid claims for reimbursement by the state for |
| 1976 | authorized expenses, and other things incidental to the proper |
| 1977 | administrative operation of the office, such as revenue |
| 1978 | transmittals to the Chief Financial Officer and automated |
| 1979 | systems plans, but will forward same to the commission for |
| 1980 | recording and submission to the proper state officer. However, |
| 1981 | when requested by a state attorney or a public defender or the |
| 1982 | Guardian Ad Litem Program Judicial Qualifications Commission, |
| 1983 | the commission will either assist in the preparation of budget |
| 1984 | requests, voucher schedules, and other forms and reports or |
| 1985 | accomplish the entire project involved. |
| 1986 | (6) The provisions contained in this section shall be |
| 1987 | supplemental to those of chapter 27, relating to state attorneys |
| 1988 | and public defenders; to those of chapter 39 s. 43.20, relating |
| 1989 | to the Guardian Ad Litem Program Judicial Qualifications |
| 1990 | Commission; or to other laws pertaining hereto. |
| 1991 | (7) Chapter 120 does not apply to the Justice |
| 1992 | Administrative Commission. |
| 1993 | Section 30. Subsection (6) is added to section 43.26, |
| 1994 | Florida Statutes, to read: |
| 1995 | 43.26 Chief judge of circuit; selection; powers.-- |
| 1996 | (6) The chief judge of each circuit is charged by s. 2(d), |
| 1997 | Art. V of the Florida Constitution and this section with the |
| 1998 | authority to promote the prompt and efficient administration of |
| 1999 | justice in the courts over which he or she is chief judge. The |
| 2000 | clerks of court provide court-related functions which are |
| 2001 | essential to the orderly operation of the judicial branch. The |
| 2002 | chief judge of each circuit, after consultation with the clerk |
| 2003 | of court, shall determine the priority of services provided by |
| 2004 | the clerk of court to the trial court. The clerk of court shall |
| 2005 | manage the performance of such services in a method or manner |
| 2006 | that is consistent with statute, rule, or administrative order. |
| 2007 | Section 31. Paragraph (b) of subsection (4) of section |
| 2008 | 44.102, Florida Statutes, is amended to read: |
| 2009 | 44.102 Court-ordered mediation.-- |
| 2010 | (4) The chief judge of each judicial circuit shall |
| 2011 | maintain a list of mediators who have been certified by the |
| 2012 | Supreme Court and who have registered for appointment in that |
| 2013 | circuit. |
| 2014 | (b) Nonvolunteer mediators shall be compensated according |
| 2015 | to rules adopted by the Supreme Court. If a mediation program is |
| 2016 | funded pursuant to s. 44.108, a mediator may be compensated by |
| 2017 | the county or by the parties. When a party has been declared |
| 2018 | indigent or insolvent, that party's pro rata share of a |
| 2019 | mediator's compensation shall be paid by the county at the rate |
| 2020 | set by administrative order of the chief judge of the circuit. |
| 2021 | Section 32. Section 44.108, Florida Statutes, is amended |
| 2022 | to read: |
| 2023 | 44.108 Funding of mediation and arbitration.-- |
| 2024 | (1) Mediation and arbitration should be accessible to all |
| 2025 | parties regardless of financial status. A filing fee of $1 is |
| 2026 | levied on all proceedings in the circuit or county courts to |
| 2027 | fund mediation and arbitration services which are the |
| 2028 | responsibility of the Supreme Court pursuant to the provisions |
| 2029 | of s. 44.106. The clerk of the court shall forward the moneys |
| 2030 | collected to the Department of Revenue for deposit in the state |
| 2031 | courts' Mediation and Arbitration Trust Fund. |
| 2032 | (2) When court-ordered mediation services are provided by |
| 2033 | a circuit court's mediation program, the following fees, unless |
| 2034 | otherwise established in the General Appropriations Act, shall |
| 2035 | be collected by the clerk of court: |
| 2036 | (a) Eighty dollars per person per scheduled session in |
| 2037 | family mediation when the parties' combined income is greater |
| 2038 | than $50,000, but less than $100,000 per year; |
| 2039 | (b) Forty dollars per person per scheduled session in |
| 2040 | family mediation when the parties' combined income is less than |
| 2041 | $50,000; or |
| 2042 | (c) Forty dollars per person per scheduled session in |
| 2043 | county court cases. |
| 2044 |
|
| 2045 | No mediation fees shall be assessed under this subsection in |
| 2046 | residential eviction cases, against a party found to be |
| 2047 | indigent, or for any small claims action. Fees collected by the |
| 2048 | clerk of court pursuant to this section shall be remitted to the |
| 2049 | Department of Revenue for deposit into the state courts' |
| 2050 | Mediation and Arbitration Trust Fund to fund court-ordered |
| 2051 | mediation. The clerk of court may deduct $1 per fee assessment |
| 2052 | for processing this fee. The clerk of the court shall submit to |
| 2053 | the chief judge of the circuit, no later than 30 days after the |
| 2054 | end of each quarter, a report specifying the amount of funds |
| 2055 | collected under this section during each quarter of the fiscal |
| 2056 | year. |
| 2057 | Section 33. Subsection (1) of section 57.081, Florida |
| 2058 | Statutes, is amended to read: |
| 2059 | 57.081 Costs; right to proceed where prepayment of costs |
| 2060 | waived.-- |
| 2061 | (1) Any indigent person, except a prisoner as defined in |
| 2062 | s. 57.085, who is a party or intervenor in any judicial or |
| 2063 | administrative agency proceeding or who initiates such |
| 2064 | proceeding shall receive the services of the courts, sheriffs, |
| 2065 | and clerks, with respect to such proceedings, despite his or her |
| 2066 | present inability to pay for these services. Such services are |
| 2067 | limited to filing fees; service of process; certified copies of |
| 2068 | orders or final judgments; a single photocopy of any court |
| 2069 | pleading, record, or instrument filed with the clerk; examining |
| 2070 | fees; mediation services and fees; private court-appointed |
| 2071 | counsel fees; subpoena fees and services; service charges for |
| 2072 | collecting and disbursing funds; and any other cost or service |
| 2073 | arising out of pending litigation. In any appeal from an |
| 2074 | administrative agency decision, for which the clerk is |
| 2075 | responsible for preparing the transcript, the clerk shall record |
| 2076 | the cost of preparing the transcripts and the cost for copies of |
| 2077 | any exhibits in the record. Prepayment of costs to any court, |
| 2078 | clerk, or sheriff is not required in any action if the party has |
| 2079 | obtained in each proceeding a certification of indigence in |
| 2080 | accordance with s. 27.52 or s. 57.082. |
| 2081 | Section 34. Section 57.082, Florida Statutes, is created |
| 2082 | to read: |
| 2083 | 57.082 Determination of civil indigent status.-- |
| 2084 | (1) APPLICATION TO THE CLERK.--A person seeking |
| 2085 | appointment of a private attorney in a civil case eligible for |
| 2086 | court-appointed counsel, or seeking relief from prepayment of |
| 2087 | fees and costs under s. 57.081, based upon an inability to pay |
| 2088 | must apply to the clerk of the court for a determination of |
| 2089 | civil indigent status using an application form developed by the |
| 2090 | Florida Clerks of Court Operations Corporation with final |
| 2091 | approval by the Supreme Court. |
| 2092 | (a) The application must include, at a minimum, the |
| 2093 | following financial information: |
| 2094 | 1. Net income, consisting of total salary and wages, minus |
| 2095 | deductions required by law, including court-ordered support |
| 2096 | payments. |
| 2097 | 2. Other income, including, but not limited to, social |
| 2098 | security benefits, union funds, veterans' benefits, workers' |
| 2099 | compensation, other regular support from absent family members, |
| 2100 | public or private employee pensions, unemployment compensation, |
| 2101 | dividends, interest, rent, trusts, and gifts. |
| 2102 | 3. Assets, including, but not limited to, cash, savings |
| 2103 | accounts, bank accounts, stocks, bonds, certificates of deposit, |
| 2104 | equity in real estate, and equity in a boat or a motor vehicle |
| 2105 | or in other tangible property. |
| 2106 | 4. All liabilities and debts. |
| 2107 |
|
| 2108 | The application must include a signature by the applicant which |
| 2109 | attests to the truthfulness of the information provided. The |
| 2110 | application form developed by the corporation must include |
| 2111 | notice that the applicant may seek court review of a clerk's |
| 2112 | determination that the applicant is not indigent, as provided in |
| 2113 | this section. |
| 2114 | (b) The clerk shall assist a person who appears before the |
| 2115 | clerk and requests assistance in completing the application and |
| 2116 | the clerk shall notify the court if a person is unable to |
| 2117 | complete the application after the clerk has provided |
| 2118 | assistance. |
| 2119 | (c) The clerk shall accept an application that is signed |
| 2120 | by the applicant and submitted on his or her behalf by a private |
| 2121 | attorney who is representing the applicant in the applicable |
| 2122 | matter. |
| 2123 | (2) DETERMINATION BY THE CLERK.--The clerk of the court |
| 2124 | shall determine whether an applicant seeking such designation is |
| 2125 | indigent based upon the information provided in the application |
| 2126 | and the criteria prescribed in this subsection. |
| 2127 | (a)1. An applicant, including an applicant who is a minor |
| 2128 | or an adult tax-dependent person, is indigent if the applicant's |
| 2129 | income is equal to or below 200 percent of the then-current |
| 2130 | federal poverty guidelines prescribed for the size of the |
| 2131 | household of the applicant by the United States Department of |
| 2132 | Health and Human Services. |
| 2133 | 2. There is a presumption that the applicant is not |
| 2134 | indigent if the applicant owns, or has equity in, any intangible |
| 2135 | or tangible personal property or real property or the expectancy |
| 2136 | of an interest in any such property having a net equity value of |
| 2137 | $2,500 or more, excluding the value of the person's homestead |
| 2138 | and one vehicle having a net value not exceeding $5,000. |
| 2139 | (b) Based upon its review, the clerk shall make one of the |
| 2140 | following determinations: |
| 2141 | 1. The applicant is not indigent. |
| 2142 | 2. The applicant is indigent. |
| 2143 | (c) If the clerk determines that the applicant is |
| 2144 | indigent, the clerk shall immediately file the determination in |
| 2145 | the case record. |
| 2146 | (d) The duty of the clerk in determining whether an |
| 2147 | applicant is indigent is limited to receiving the application |
| 2148 | and comparing the information provided in the application to the |
| 2149 | criteria prescribed in this subsection. The determination of |
| 2150 | indigent status is a ministerial act of the clerk and may not be |
| 2151 | based on further investigation or the exercise of independent |
| 2152 | judgment by the clerk. The clerk may contract with third parties |
| 2153 | to perform functions assigned to the clerk under this section. |
| 2154 | (e) The applicant may seek review of the clerk's |
| 2155 | determination that the applicant is not indigent in the court |
| 2156 | having jurisdiction over the matter by filing a petition to |
| 2157 | review the clerk's determination of nonindigent status for which |
| 2158 | a filing fee may not be charged. If the applicant seeks review |
| 2159 | of the clerk's determination of indigent status, the court shall |
| 2160 | make a final determination as provided in subsection (4). |
| 2161 | (3) APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.--If the |
| 2162 | clerk of the court has not made a determination of indigent |
| 2163 | status at the time a person requests appointment of a private |
| 2164 | attorney in a civil case eligible for court-appointed counsel, |
| 2165 | the court shall make a preliminary determination of indigent |
| 2166 | status, pending further review by the clerk, and may, by court |
| 2167 | order, appoint private counsel on an interim basis. |
| 2168 | (4) REVIEW OF THE CLERK'S DETERMINATION.-- |
| 2169 | (a) If the clerk of the court determines that the |
| 2170 | applicant is not indigent and the applicant seeks review of the |
| 2171 | clerk's determination, the court shall make a final |
| 2172 | determination of indigent status by reviewing the information |
| 2173 | provided in the application against the criteria prescribed in |
| 2174 | subsection (2) and by considering the following additional |
| 2175 | factors: |
| 2176 | 1. Whether paying for private counsel or other fees and |
| 2177 | costs creates a substantial hardship for the applicant or the |
| 2178 | applicant's family. |
| 2179 | 2. Whether the applicant is proceeding pro se or is |
| 2180 | represented by a private attorney for a fee or on a pro-bono |
| 2181 | basis. |
| 2182 | 3. When the applicant retained private counsel. |
| 2183 | 4. The amount of any attorney's fees and who is paying the |
| 2184 | fees. |
| 2185 | 5. Any other relevant financial circumstances of the |
| 2186 | applicant or the applicant's family. |
| 2187 | (b) Based upon its review, the court shall make one of the |
| 2188 | following determinations and shall, if appropriate, appoint |
| 2189 | private counsel: |
| 2190 | 1. The applicant is not indigent. |
| 2191 | 2. The applicant is indigent. |
| 2192 | (5) PROCESSING CHARGE; PAYMENT PLANS.--A person who the |
| 2193 | clerk or the court determines is indigent for civil proceedings |
| 2194 | under this section shall be enrolled in a payment plan under s. |
| 2195 | 28.246 and shall be charged a one-time administrative processing |
| 2196 | charge under s. 28.24(26)(c). A monthly payment amount, |
| 2197 | calculated based upon all fees and all anticipated costs, is |
| 2198 | presumed to correspond to the person's ability to pay if it does |
| 2199 | not exceed 2 percent of the person's annual net income, as |
| 2200 | defined in subsection (1), divided by 12. The person may seek |
| 2201 | review of the clerk's decisions regarding a payment plan |
| 2202 | established under s. 28.246 in the court having jurisdiction |
| 2203 | over the matter. A case may not be impeded in any way, delayed |
| 2204 | in filing, or delayed in its progress, including the final |
| 2205 | hearing and order, due to nonpayment of any fees by an indigent |
| 2206 | person. |
| 2207 | (6) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.-- |
| 2208 | (a) If the court learns of discrepancies between the |
| 2209 | application and the actual financial status of the person found |
| 2210 | to be indigent, the court shall determine whether the status and |
| 2211 | any relief provided as a result of that status shall be revoked. |
| 2212 | The person may be heard regarding the information learned by the |
| 2213 | court. If the court, based on the information, determines that |
| 2214 | the person is not indigent, the court shall revoke the provision |
| 2215 | of any relief under this section. |
| 2216 | (b) If the court has reason to believe that any applicant, |
| 2217 | through fraud or misrepresentation, was improperly determined to |
| 2218 | be indigent, the matter shall be referred to the state attorney. |
| 2219 | Twenty-five percent of any amount recovered by the state |
| 2220 | attorney as reasonable value of the services rendered, including |
| 2221 | fees, charges, and costs paid by the state on the person's |
| 2222 | behalf, shall be remitted to the Department of Revenue for |
| 2223 | deposit into the Grants and Donations Trust Fund within the |
| 2224 | Justice Administrative Commission. Seventy-five percent of any |
| 2225 | amount recovered shall be remitted to the Department of Revenue |
| 2226 | for deposit into the General Revenue Fund. |
| 2227 | (c) A person who knowingly provides false information to |
| 2228 | the clerk or the court in seeking a determination of indigent |
| 2229 | status under this section commits a misdemeanor of the first |
| 2230 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 2231 | Section 35. Subsection (1) of section 92.142, Florida |
| 2232 | Statutes, is amended to read: |
| 2233 | 92.142 Witnesses; pay.-- |
| 2234 | (1) Witnesses in all cases, civil and criminal, in all |
| 2235 | courts, now or hereafter created, and witnesses summoned before |
| 2236 | any arbitrator or general or special magistrate appointed by the |
| 2237 | court shall receive for each day's actual attendance $5 and also |
| 2238 | 6 cents per mile for actual distance traveled to and from the |
| 2239 | courts. A witness in a criminal case required to appear in a |
| 2240 | county other than the county of his or her residence and |
| 2241 | residing more than 50 miles from the location of the trial shall |
| 2242 | be entitled to per diem and travel expenses at the same rate |
| 2243 | provided for state employees under s. 112.061, in lieu of any |
| 2244 | other witness fee at the discretion of the court. |
| 2245 | Section 36. Effective July 1, 2006, subsections (2) and |
| 2246 | (3) of section 92.231, Florida Statutes, are amended to read: |
| 2247 | 92.231 Expert witnesses; fee.-- |
| 2248 | (2) Any expert or skilled witness who shall have testified |
| 2249 | in any cause shall be allowed a witness fee including the cost |
| 2250 | of any exhibits used by such witness in an amount agreed to by |
| 2251 | the parties, and the same shall be taxed as costs. In instances |
| 2252 | where services are provided for the state, including for state- |
| 2253 | paid private court-appointed counsel, payment from state funds |
| 2254 | shall be in accordance with standards adopted by the Legislature |
| 2255 | after receiving recommendations from the Article V Indigent |
| 2256 | Services Advisory Board. |
| 2257 | (3) In a criminal case in which the state or an indigent |
| 2258 | defendant requires the services of an expert witness whose |
| 2259 | opinion is relevant to the issues of the case, the expert |
| 2260 | witness shall be compensated in accordance with standards |
| 2261 | adopted by the Legislature after receiving recommendations from |
| 2262 | the Article V Indigent Services Advisory Board. |
| 2263 | Section 37. Paragraph (y) is added to subsection (2) of |
| 2264 | section 110.205, Florida Statutes, to read: |
| 2265 | 110.205 Career service; exemptions.-- |
| 2266 | (2) EXEMPT POSITIONS.--The exempt positions that are not |
| 2267 | covered by this part include the following: |
| 2268 | (y) All officers and employees of the Justice |
| 2269 | Administrative Commission, Office of the State Attorney, Office |
| 2270 | of the Public Defender, regional offices of capital collateral |
| 2271 | counsel, and Statewide Guardian Ad Litem Office, including the |
| 2272 | circuit guardian ad litem programs. |
| 2273 | Section 38. Subsection (1) of section 116.01, Florida |
| 2274 | Statutes, is amended to read: |
| 2275 | 116.01 Payment of public funds into treasury.-- |
| 2276 | (1) Every state and county officer within this state |
| 2277 | authorized to collect funds due the state or county shall pay |
| 2278 | all sums officially received by the officer into the state or |
| 2279 | county treasury not later than 7 working days from the close of |
| 2280 | the week in which the officer received the funds. Funds received |
| 2281 | by the county officer on behalf of the state shall be deposited |
| 2282 | directly to the account of the State Treasury not later than 7 |
| 2283 | working days from the close of the week in which the officer |
| 2284 | received the funds. The clerk of the court, when collecting |
| 2285 | funds as part of the clerk's court-related functions, must remit |
| 2286 | those funds as required under s. 28.245. |
| 2287 | Section 39. Subsections (1) and (4) of section 116.21, |
| 2288 | Florida Statutes, are amended to read: |
| 2289 | 116.21 Unclaimed moneys; limitation.-- |
| 2290 | (1) The sheriffs and clerks of the courts of the various |
| 2291 | counties of the state are authorized at their discretion on or |
| 2292 | before September 25 of each and every year hereafter to pay into |
| 2293 | the fine and forfeiture fund of their respective counties, or |
| 2294 | the fine and forfeiture fund created under s. 142.01, any or all |
| 2295 | unclaimed moneys deposited or collected by them in their |
| 2296 | official capacity, which unclaimed moneys came into their hands |
| 2297 | prior to January 1 of the preceding year and for which moneys |
| 2298 | claim has not been made. Any unclaimed moneys collected or |
| 2299 | deposited by the clerk of the circuit court in the course of the |
| 2300 | clerk's court related activities may be processed under this |
| 2301 | chapter; however, the clerk must pay for the cost of publication |
| 2302 | of the list of unclaimed court-related funds. Any unclaimed |
| 2303 | court-related funds collected or deposited by the clerk which |
| 2304 | remain unclaimed must be deposited into the fine and forfeiture |
| 2305 | fund established under s. 142.01. |
| 2306 | (4) Except for the cost of publishing the notice for |
| 2307 | the clerk's unclaimed court-related moneys, the cost of |
| 2308 | publishing the notices as required by subsection (2) shall be |
| 2309 | paid by the county commissioners, and the sheriff or the clerk |
| 2310 | shall receive as compensation the regular fee allowed by statute |
| 2311 | for the collection of fines, fees, and costs adjudged to the |
| 2312 | state upon the amounts remitted to the fine and forfeiture fund. |
| 2313 | Upon such payment to the fine and forfeiture fund, the sheriff |
| 2314 | or clerk shall be released and discharged from any and all |
| 2315 | further responsibility or liability in connection therewith. |
| 2316 | Section 40. Paragraph (gg) of subsection (6) of section |
| 2317 | 119.07, Florida Statutes, is amended to read: |
| 2318 | 119.07 Inspection and copying of records; photographing |
| 2319 | public records; fees; exemptions.-- |
| 2320 | (6) |
| 2321 | (gg)1. Until January 1, 2007 2006, if a social security |
| 2322 | number, made confidential and exempt pursuant to s. 119.0721, |
| 2323 | created pursuant to s. 1, ch. 2002-256, passed during the 2002 |
| 2324 | regular legislative session, or a complete bank account, debit, |
| 2325 | charge, or credit card number made exempt pursuant to paragraph |
| 2326 | (dd), created pursuant to s. 1, ch. 2002-257, passed during the |
| 2327 | 2002 regular legislative session, is or has been included in a |
| 2328 | court file, such number may be included as part of the court |
| 2329 | record available for public inspection and copying unless |
| 2330 | redaction is requested by the holder of such number, or by the |
| 2331 | holder's attorney or legal guardian, in a signed, legibly |
| 2332 | written request specifying the case name, case number, document |
| 2333 | heading, and page number. The request must be delivered by mail, |
| 2334 | facsimile, electronic transmission, or in person to the clerk of |
| 2335 | the circuit court. The clerk of the circuit court does not have |
| 2336 | a duty to inquire beyond the written request to verify the |
| 2337 | identity of a person requesting redaction. A fee may not be |
| 2338 | charged for the redaction of a social security number or a bank |
| 2339 | account, debit, charge, or credit card number pursuant to such |
| 2340 | request. |
| 2341 | 2. Any person who prepares or files a document to be |
| 2342 | recorded in the official records by the county recorder as |
| 2343 | provided in chapter 28 may not include a person's social |
| 2344 | security number or complete bank account, debit, charge, or |
| 2345 | credit card number in that document unless otherwise expressly |
| 2346 | required by law. Until January 1, 2007 2006, if a social |
| 2347 | security number or a complete bank account, debit, charge or |
| 2348 | credit card number is or has been included in a document |
| 2349 | presented to the county recorder for recording in the official |
| 2350 | records of the county, such number may be made available as part |
| 2351 | of the official record available for public inspection and |
| 2352 | copying. Any person, or his or her attorney or legal guardian, |
| 2353 | may request that a county recorder remove from an image or copy |
| 2354 | of an official record placed on a county recorder's publicly |
| 2355 | available Internet website, or a publicly available Internet |
| 2356 | website used by a county recorder to display public records |
| 2357 | outside the office or otherwise made electronically available |
| 2358 | outside the county recorder's office to the general public, his |
| 2359 | or her social security number or complete account, debit, |
| 2360 | charge, or credit card number contained in that official record. |
| 2361 | Such request must be legibly written, signed by the requester, |
| 2362 | and delivered by mail, facsimile, electronic transmission, or in |
| 2363 | person to the county recorder. The request must specify the |
| 2364 | identification page number of the document that contains the |
| 2365 | number to be redacted. The county recorder does not have a duty |
| 2366 | to inquire beyond the written request to verify the identity of |
| 2367 | a person requesting redaction. A fee may not be charged for |
| 2368 | redacting such numbers. |
| 2369 | 3. Upon the effective date of this act, subsections (3) |
| 2370 | and (4) of s. 119.0721, do not apply to the clerks of the court |
| 2371 | or the county recorder with respect to circuit court records and |
| 2372 | official records. |
| 2373 | 4. On January 1, 2007 2006, and thereafter, the clerk of |
| 2374 | the circuit court and the county recorder must keep complete |
| 2375 | bank account, debit, charge, and credit card numbers exempt as |
| 2376 | provided for in paragraph (dd), and must keep social security |
| 2377 | numbers confidential and exempt as provided for in s. 119.0721, |
| 2378 | without any person having to request redaction. |
| 2379 | Section 41. Subsection (4) of section 142.01, Florida |
| 2380 | Statutes, is amended to read: |
| 2381 | 142.01 Fine and forfeiture fund; clerk of the circuit |
| 2382 | court.--There shall be established by the clerk of the circuit |
| 2383 | court in each county of this state a separate fund to be known |
| 2384 | as the fine and forfeiture fund for use by the clerk of the |
| 2385 | circuit court in performing court-related functions. The fund |
| 2386 | shall consist of the following: |
| 2387 | (4) Proceeds from forfeited bail bonds, unclaimed bonds, |
| 2388 | unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a), |
| 2389 | 372.72(1), and 903.26(3)(a). |
| 2390 |
|
| 2391 | Notwithstanding the provisions of this section, all fines and |
| 2392 | forfeitures arising from operation of the provisions of s. |
| 2393 | 318.1215 shall be disbursed in accordance with that section. |
| 2394 | Section 42. Subsection (5) is added to section 213.13, |
| 2395 | Florida Statutes, to read: |
| 2396 | 213.13 Electronic remittance and distribution of funds |
| 2397 | collected by clerks of the court.-- |
| 2398 | (5) All court-related collections, including fees, fines, |
| 2399 | reimbursements, court costs, and other court-related funds that |
| 2400 | the clerks must remit to the state pursuant to law, must be |
| 2401 | transmitted electronically by the 20th day of the month |
| 2402 | immediately following the month in which the funds are |
| 2403 | collected. |
| 2404 | Section 43. Section 219.07, Florida Statutes, is amended |
| 2405 | to read: |
| 2406 | 219.07 Disbursements.--Each officer shall, not later than |
| 2407 | 7 working days from the close of the week in which the officer |
| 2408 | received the funds, distribute the money which is required to be |
| 2409 | paid to other officers, agencies, funds, or persons entitled to |
| 2410 | receive the same; provided, that distributions or partial |
| 2411 | distributions may be made more frequently; and provided further, |
| 2412 | that money required by law or court order, or by the purpose for |
| 2413 | which it was collected, to be held and disbursed for a |
| 2414 | particular purpose in a manner different from that set out |
| 2415 | herein shall be held and disbursed accordingly. Further, money |
| 2416 | collected by the county officer on behalf of the state, except |
| 2417 | for money collected by the clerk of the court as part of court- |
| 2418 | related functions, shall be deposited directly to the account of |
| 2419 | the State Treasury not later than 7 working days from the close |
| 2420 | of the week in which the officer received the funds. The clerk |
| 2421 | of the court, when collecting money as part of the clerk's |
| 2422 | court-related functions, must remit that money as required under |
| 2423 | s. 28.245. |
| 2424 | Section 44. Subsection (1) of section 219.075, Florida |
| 2425 | Statutes, is amended to read: |
| 2426 | 219.075 Investment of surplus funds by county officers.-- |
| 2427 | (1)(a) Except when another procedure is prescribed by law |
| 2428 | or by ordinance as to particular funds, a tax collector or any |
| 2429 | other county officer having, receiving, or collecting any money, |
| 2430 | either for his or her office or on behalf of and subject to |
| 2431 | subsequent distribution to another officer of state or local |
| 2432 | government, while such money is in excess of that required to |
| 2433 | meet current expenses or is pending distribution, shall invest |
| 2434 | such money, without limitation, as provided in s. 218.415. |
| 2435 | (b) These investments shall be planned so as not to slow |
| 2436 | the normal distribution of the subject funds. The investment |
| 2437 | earnings shall be reasonably apportioned and allocated and shall |
| 2438 | be credited to the account of, and paid to, the office or |
| 2439 | distributee, together with the principal on which such earnings |
| 2440 | accrued. |
| 2441 | (c) This section does not apply to the clerk of the |
| 2442 | circuit court with respect to money collected as part of the |
| 2443 | clerk's court-related functions. The clerk, however, shall remit |
| 2444 | this money as provided under s. 28.245. |
| 2445 | Section 45. Section 318.121, Florida Statutes, is amended |
| 2446 | to read: |
| 2447 | 318.121 Preemption of additional fees, fines, surcharges, |
| 2448 | and costs.--Notwithstanding any general or special law, or |
| 2449 | municipal or county ordinance, additional fees, fines, |
| 2450 | surcharges, or costs other than the court costs and surcharges |
| 2451 | assessed under s. 318.18(11) and (13) may not be added to the |
| 2452 | civil traffic penalties assessed in this chapter. |
| 2453 | Section 46. Subsection (13) of section 318.18, Florida |
| 2454 | Statutes, is amended, and subsection (14) is added to said |
| 2455 | section, to read: |
| 2456 | 318.18 Amount of civil penalties.--The penalties required |
| 2457 | for a noncriminal disposition pursuant to s. 318.14 are as |
| 2458 | follows: |
| 2459 | (13) In addition to any penalties imposed for noncriminal |
| 2460 | traffic infractions pursuant to this chapter or imposed for |
| 2461 | criminal violations listed in s. 318.17, a board of county |
| 2462 | commissioners or any unit of local government which is |
| 2463 | consolidated as provided by s. 9, Art. VIII of the State |
| 2464 | Constitution of 1885, as preserved by s. 6(e), Art. VIII of the |
| 2465 | Constitution of 1968: |
| 2466 | (a) May impose by ordinance a surcharge of up to $15 for |
| 2467 | any infraction or violation to fund state court facilities. The |
| 2468 | court shall not waive this surcharge. Up to 25 percent of the |
| 2469 | revenue from such surcharge may be used to support local law |
| 2470 | libraries provided that the county or unit of local government |
| 2471 | provides a level of service equal to that provided prior to July |
| 2472 | 1, 2004, which shall include the continuation of library |
| 2473 | facilities located in or near the county courthouse or annexes. |
| 2474 | (b) That imposed increased fees or service charges by |
| 2475 | ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the |
| 2476 | purpose of securing payment of the principal and interest on |
| 2477 | bonds issued by the county before July 1, 2003, to finance state |
| 2478 | court facilities, may impose by ordinance a surcharge for any |
| 2479 | infraction or violation for the exclusive purpose of securing |
| 2480 | payment of the principal and interest on bonds issued by the |
| 2481 | county before July 1, 2003, to fund state court facilities until |
| 2482 | the date of stated maturity. The court shall not waive this |
| 2483 | surcharge. Such surcharge may not exceed an amount per violation |
| 2484 | calculated as the quotient of the maximum annual payment of the |
| 2485 | principal and interest on the bonds as of July 1, 2003, divided |
| 2486 | by the number of traffic citations for county fiscal year 2002- |
| 2487 | 2003 certified as paid by the clerk of the court of the county. |
| 2488 | Such quotient shall be rounded up to the next highest dollar |
| 2489 | amount. The bonds may be refunded only if savings will be |
| 2490 | realized on payments of debt service and the refunding bonds are |
| 2491 | scheduled to mature on the same date or before the bonds being |
| 2492 | refunded. |
| 2493 |
|
| 2494 | A county may not impose both of the surcharges authorized under |
| 2495 | paragraphs (a) and (b) concurrently. The clerk of court shall |
| 2496 | report, no later than 30 days after the end of the quarter, the |
| 2497 | amount of funds collected under this subsection during each |
| 2498 | quarter of the fiscal year. The clerk shall submit the report, |
| 2499 | in a format developed by the Office of State Courts |
| 2500 | Administrator, to the chief judge of the circuit, the Governor, |
| 2501 | the President of the Senate, and the Speaker of the House of |
| 2502 | Representatives. |
| 2503 | (14) In addition to any penalties imposed for noncriminal |
| 2504 | traffic infractions under chapter 318 or imposed for criminal |
| 2505 | violations listed in s. 318.17, any unit of local government |
| 2506 | that is consolidated as provided by s. 9, Art. VIII of the State |
| 2507 | Constitution of 1885, as preserved by s. 6(e), Art. VIII of the |
| 2508 | State Constitution of 1968, and that is granted the authority in |
| 2509 | the State Constitution to exercise all the powers of a municipal |
| 2510 | corporation, and any unit of local government operating under a |
| 2511 | home rule charter adopted pursuant to ss. 10, 11, and 24, Art. |
| 2512 | VIII of the State Constitution of 1885, as preserved by s. 6(e), |
| 2513 | Art. VIII of the State Constitution of 1968, that is granted the |
| 2514 | authority in the State Constitution to exercise all the powers |
| 2515 | conferred now or hereafter by general law upon municipalities, |
| 2516 | may impose by ordinance a surcharge of up to $15 for any |
| 2517 | infraction or violation. Revenue from the surcharge shall be |
| 2518 | transferred to such unit of local government for the purpose of |
| 2519 | replacing fine revenue deposited into the clerk's fine and |
| 2520 | forfeiture fund under s. 142.01. The court may not waive this |
| 2521 | surcharge. Proceeds from the imposition of the surcharge |
| 2522 | authorized in this subsection shall not be used for the purpose |
| 2523 | of securing payment of the principal and interest on bonds. This |
| 2524 | subsection, and any surcharge imposed pursuant to this |
| 2525 | subsection, shall stand repealed September 30, 2007. |
| 2526 | Section 47. Paragraph (g) of subsection (2) of section |
| 2527 | 318.21, Florida Statutes, is amended to read: |
| 2528 | 318.21 Disposition of civil penalties by county |
| 2529 | courts.--All civil penalties received by a county court pursuant |
| 2530 | to the provisions of this chapter shall be distributed and paid |
| 2531 | monthly as follows: |
| 2532 | (2) Of the remainder: |
| 2533 | (g)1. If the violation occurred within a special |
| 2534 | improvement district of the Seminole Indian Tribe or Miccosukee |
| 2535 | Indian Tribe, 56.4 percent shall be paid to that special |
| 2536 | improvement district. |
| 2537 | 2. If the violation occurred within a municipality, 50.8 |
| 2538 | percent shall be paid to that municipality and 5.6 percent shall |
| 2539 | be deposited into the fine and forfeiture trust fund established |
| 2540 | pursuant to s. 142.01. |
| 2541 | 3. If the violation occurred within the unincorporated |
| 2542 | area of a county, including the unincorporated areas, if any, of |
| 2543 | a government created pursuant to s. 6(e), Article VIII of the |
| 2544 | State Constitution, that is not within a special improvement |
| 2545 | district of the Seminole Indian Tribe or Miccosukee Indian |
| 2546 | Tribe, 56.4 percent shall be deposited into the fine and |
| 2547 | forfeiture fund established pursuant to s. 142.01. |
| 2548 | Section 48. Section 318.31, Florida Statutes, is amended |
| 2549 | to read: |
| 2550 | 318.31 Objectives.--The Supreme Court is hereby requested |
| 2551 | to adopt rules and procedures for the establishment and |
| 2552 | operation of Civil Traffic Infraction Hearing Officer Programs |
| 2553 | under ss. 318.30-318.38. However, the appointment of a hearing |
| 2554 | officer shall be at the option of the county electing to |
| 2555 | establish such a program, upon recommendation by the county |
| 2556 | court judge or judges, as the case may be, and the Chief Judge |
| 2557 | of the Circuit and approval by the Chief Justice of the Supreme |
| 2558 | Court. |
| 2559 | Section 49. Subsection (1) of section 318.32, Florida |
| 2560 | Statutes, is amended to read: |
| 2561 | 318.32 Jurisdiction; limitations.-- |
| 2562 | (1) Hearing officers shall be empowered to accept pleas |
| 2563 | from and decide the guilt or innocence of any person, adult or |
| 2564 | juvenile, charged with any civil traffic infraction and shall be |
| 2565 | empowered to adjudicate or withhold adjudication of guilt in the |
| 2566 | same manner as a county court judge under the statutes, rules, |
| 2567 | and procedures presently existing or as subsequently amended, |
| 2568 | except that hearing officers shall not: |
| 2569 | (a) Have the power to hold a defendant in contempt of |
| 2570 | court, but shall be permitted to file a motion for order of |
| 2571 | contempt with the appropriate state trial court judge; |
| 2572 | (b) Hear a case involving a crash resulting in injury or |
| 2573 | death; or |
| 2574 | (c) Hear a criminal traffic offense case or a case |
| 2575 | involving a civil traffic infraction issued in conjunction with |
| 2576 | a criminal traffic offense; or |
| 2577 | (d) Have the power to suspend a defendant's drivers |
| 2578 | license pursuant to s. 316.655(2). |
| 2579 | Section 50. Section 318.325, Florida Statutes, is amended |
| 2580 | to read: |
| 2581 | 318.325 Jurisdiction and procedure for parking |
| 2582 | infractions.--Any county or municipality may adopt an ordinance |
| 2583 | that allows the county or municipality to refer cases involving |
| 2584 | the violation of a county or municipal parking ordinance to a |
| 2585 | hearing officer funded by the county or municipality. |
| 2586 | Notwithstanding the provisions of ss. 318.14 and 775.08(3), any |
| 2587 | parking violation shall be deemed to be an infraction as defined |
| 2588 | in s. 318.13(3). However, the violation must be enforced and |
| 2589 | disposed of in accordance with the provisions of general law |
| 2590 | applicable to parking violations and with the charter or code of |
| 2591 | the county or municipality where the violation occurred. The |
| 2592 | clerk of the court or the designated traffic violations bureau |
| 2593 | must collect and distribute the fines, forfeitures, and court |
| 2594 | costs assessed under this section. |
| 2595 | Section 51. Subsection (2) of section 322.29, Florida |
| 2596 | Statutes, is amended to read: |
| 2597 | 322.29 Surrender and return of license.-- |
| 2598 | (2) The provisions of subsection (1) to the contrary |
| 2599 | notwithstanding, no examination is required for the return of a |
| 2600 | license suspended under s. 318.15 or s. 322.245 unless an |
| 2601 | examination is otherwise required by this chapter. Every person |
| 2602 | applying for the return of a license suspended under s. 318.15 |
| 2603 | or s. 322.245 shall present to the department certification from |
| 2604 | the court that he or she has complied with all obligations and |
| 2605 | penalties imposed on him or her pursuant to s. 318.15 or, in the |
| 2606 | case of a suspension pursuant to s. 322.245, that he or she has |
| 2607 | complied with all directives of the court and the requirements |
| 2608 | of s. 322.245 and shall pay to the department a nonrefundable |
| 2609 | service fee of $47.50 $35, of which $37.50 $25 shall be |
| 2610 | deposited into the General Revenue Fund and $10 shall be |
| 2611 | deposited into the Highway Safety Operating Trust Fund. If |
| 2612 | reinstated by the clerk of the court or tax collector, $37.50 |
| 2613 | $25 shall be retained and $10 shall be remitted to the |
| 2614 | Department of Revenue for deposit into the Highway Safety |
| 2615 | Operating Trust Fund. However, the service fee is not required |
| 2616 | if the person is required to pay a $35 fee or $60 fee under the |
| 2617 | provisions of s. 322.21. |
| 2618 | Section 52. Subsection (1) of section 372.72, Florida |
| 2619 | Statutes, is amended to read: |
| 2620 | 372.72 Disposition of fines, penalties, and forfeitures.-- |
| 2621 | (1) All moneys collected from fines, penalties, proceeds |
| 2622 | from unclaimed bonds, or forfeitures of bail of persons |
| 2623 | convicted under this chapter shall be deposited in the fine and |
| 2624 | forfeiture fund established pursuant to s. 142.01 where such |
| 2625 | convictions are had, except for the disposition of moneys as |
| 2626 | provided in subsection (2). |
| 2627 | Section 53. Subsection (8) of section 903.26, Florida |
| 2628 | Statutes, is amended to read: |
| 2629 | 903.26 Forfeiture of the bond; when and how directed; |
| 2630 | discharge; how and when made; effect of payment.-- |
| 2631 | (8) If the defendant is arrested and returned to the |
| 2632 | county of jurisdiction of the court prior to judgment, the |
| 2633 | clerk, upon affirmation by the sheriff or the chief correctional |
| 2634 | officer, shall, without further order of the court, discharge |
| 2635 | the forfeiture of the bond. However, if the surety agent fails |
| 2636 | to pay the costs and expenses incurred in returning the |
| 2637 | defendant to the county of jurisdiction, the clerk shall not |
| 2638 | discharge the forfeiture of the bond. If the surety agent and |
| 2639 | the sheriff state attorney fail to agree on the amount of said |
| 2640 | costs, then the court, after notice to the sheriff and the state |
| 2641 | attorney, shall determine the amount of the costs. |
| 2642 | Section 54. Section 903.28, Florida Statutes, is amended |
| 2643 | to read: |
| 2644 | 903.28 Remission of forfeiture; conditions.-- |
| 2645 | (1) On application within 2 years from forfeiture, the |
| 2646 | court shall order remission of the forfeiture if it determines |
| 2647 | that there was no breach of the bond. |
| 2648 | (2) If the defendant surrenders or is apprehended within |
| 2649 | 90 days after forfeiture, the court, on motion at a hearing upon |
| 2650 | notice having been given to the clerk of the circuit court |
| 2651 | county attorney and the state attorney as required in subsection |
| 2652 | (8), shall direct remission of up to, but not more than, 100 |
| 2653 | percent of a forfeiture if the surety apprehended and |
| 2654 | surrendered the defendant or if the apprehension or surrender of |
| 2655 | the defendant was substantially procured or caused by the |
| 2656 | surety, or the surety has substantially attempted to procure or |
| 2657 | cause the apprehension or surrender of the defendant, and the |
| 2658 | delay has not thwarted the proper prosecution of the defendant. |
| 2659 | In addition, remission shall be granted when the surety did not |
| 2660 | substantially participate or attempt to participate in the |
| 2661 | apprehension or surrender of the defendant when the costs of |
| 2662 | returning the defendant to the jurisdiction of the court have |
| 2663 | been deducted from the remission and when the delay has not |
| 2664 | thwarted the proper prosecution of the defendant. |
| 2665 | (3) If the defendant surrenders or is apprehended within |
| 2666 | 180 days after forfeiture, the court, on motion at a hearing |
| 2667 | upon notice having been given to the clerk of the circuit court |
| 2668 | county attorney and the state attorney as required in subsection |
| 2669 | (8), shall direct remission of up to, but not more than, 95 |
| 2670 | percent of a forfeiture if the surety apprehended and |
| 2671 | surrendered the defendant or if the apprehension or surrender of |
| 2672 | the defendant was substantially procured or caused by the |
| 2673 | surety, or the surety has substantially attempted to procure or |
| 2674 | cause the apprehension or surrender of the defendant, and the |
| 2675 | delay has not thwarted the proper prosecution of the defendant. |
| 2676 | In addition, remission shall be granted when the surety did not |
| 2677 | substantially participate or attempt to participate in the |
| 2678 | apprehension or surrender of the defendant when the costs of |
| 2679 | returning the defendant to the jurisdiction of the court have |
| 2680 | been deducted from the remission and when the delay has not |
| 2681 | thwarted the proper prosecution of the defendant. |
| 2682 | (4) If the defendant surrenders or is apprehended within |
| 2683 | 270 days after forfeiture, the court, on motion at a hearing |
| 2684 | upon notice having been given to the clerk of the circuit court |
| 2685 | county attorney and the state attorney as required in subsection |
| 2686 | (8), shall direct remission of up to, but not more than, 90 |
| 2687 | percent of a forfeiture if the surety apprehended and |
| 2688 | surrendered the defendant or if the apprehension or surrender of |
| 2689 | the defendant was substantially procured or caused by the |
| 2690 | surety, or the surety has substantially attempted to procure or |
| 2691 | cause the apprehension or surrender of the defendant, and the |
| 2692 | delay has not thwarted the proper prosecution of the defendant. |
| 2693 | In addition, remission shall be granted when the surety did not |
| 2694 | substantially participate or attempt to participate in the |
| 2695 | apprehension or surrender of the defendant when the costs of |
| 2696 | returning the defendant to the jurisdiction of the court have |
| 2697 | been deducted from the remission and when the delay has not |
| 2698 | thwarted the proper prosecution of the defendant. |
| 2699 | (5) If the defendant surrenders or is apprehended within 1 |
| 2700 | year after forfeiture, the court, on motion at a hearing upon |
| 2701 | notice having been given to the clerk of the circuit court |
| 2702 | county attorney and the state attorney as required in subsection |
| 2703 | (8), shall direct remission of up to, but not more than, 85 |
| 2704 | percent of a forfeiture if the surety apprehended and |
| 2705 | surrendered the defendant or if the apprehension or surrender of |
| 2706 | the defendant was substantially procured or caused by the |
| 2707 | surety, or the surety has substantially attempted to procure or |
| 2708 | cause the apprehension or surrender of the defendant, and the |
| 2709 | delay has not thwarted the proper prosecution of the defendant. |
| 2710 | In addition, remission shall be granted when the surety did not |
| 2711 | substantially participate or attempt to participate in the |
| 2712 | apprehension or surrender of the defendant when the costs of |
| 2713 | returning the defendant to the jurisdiction of the court have |
| 2714 | been deducted from the remission and when the delay has not |
| 2715 | thwarted the proper prosecution of the defendant. |
| 2716 | (6) If the defendant surrenders or is apprehended within 2 |
| 2717 | years after forfeiture, the court, on motion at a hearing upon |
| 2718 | notice having been given to the clerk of the circuit court |
| 2719 | county attorney and the state attorney as required in subsection |
| 2720 | (8), shall direct remission of up to, but not more than, 50 |
| 2721 | percent of a forfeiture if the surety apprehended and |
| 2722 | surrendered the defendant or if the apprehension or surrender of |
| 2723 | the defendant was substantially procured or caused by the |
| 2724 | surety, or the surety has substantially attempted to procure or |
| 2725 | cause the apprehension or surrender of the defendant, and the |
| 2726 | delay has not thwarted the proper prosecution of the defendant. |
| 2727 | In addition, remission shall be granted when the surety did not |
| 2728 | substantially participate or attempt to participate in the |
| 2729 | apprehension or surrender of the defendant when the costs of |
| 2730 | returning the defendant to the jurisdiction of the court have |
| 2731 | been deducted from the remission and when the delay has not |
| 2732 | thwarted the proper prosecution of the defendant. |
| 2733 | (7) The remission of a forfeiture may not be ordered for |
| 2734 | any reason other than as specified herein. |
| 2735 | (8) An application for remission must be accompanied by |
| 2736 | affidavits setting forth the facts on which it is founded; |
| 2737 | however, the surety must establish by further documentation or |
| 2738 | other evidence any claimed attempt at procuring or causing the |
| 2739 | apprehension or surrender of the defendant before the court may |
| 2740 | order remission based upon an attempt to procure or cause such |
| 2741 | apprehension or surrender. The clerk of the circuit court and |
| 2742 | the state attorney must be given 20 days' notice before a |
| 2743 | hearing on an application and be furnished copies of all papers, |
| 2744 | applications, and affidavits. Remission shall be granted on the |
| 2745 | condition of payment of costs, unless the ground for remission |
| 2746 | is that there was no breach of the bond. |
| 2747 | (9) The clerk of the circuit court may enter into a |
| 2748 | contract with a private attorney or into an interagency |
| 2749 | agreement with a governmental agency to represent the clerk of |
| 2750 | the court in an action for the remission of a forfeiture under |
| 2751 | this section. |
| 2752 | (10) The clerk of the circuit court is the real party in |
| 2753 | interest for all appeals arising from an action for the |
| 2754 | remission of a forfeiture under this section. |
| 2755 | (11) Upon remission of bond pursuant to this section, the |
| 2756 | clerk of the circuit court shall withhold any unpaid fines, |
| 2757 | fees, service charges, and court costs imposed as a matter of |
| 2758 | law or ordered by the court. |
| 2759 | Section 55. Section 916.115, Florida Statutes, is amended |
| 2760 | to read: |
| 2761 | 916.115 Appointment of experts.-- |
| 2762 | (1)(a) Annually, the department shall provide the courts |
| 2763 | with a list of mental health professionals who have completed |
| 2764 | approved training as experts. |
| 2765 | (b) The court may appoint no more than three nor fewer |
| 2766 | than two experts to determine issues of the mental condition of |
| 2767 | a defendant in a criminal case, including the issues of |
| 2768 | competency to proceed, insanity, and involuntary hospitalization |
| 2769 | or placement. An expert The panel of experts may evaluate the |
| 2770 | defendant in jail or in another appropriate local facility. |
| 2771 | (c) To the extent possible, an the appointed expert |
| 2772 | experts shall have completed forensic evaluator training |
| 2773 | approved by the department and be either a psychiatrist, |
| 2774 | licensed psychologist, or physician. |
| 2775 | (2) Expert witnesses appointed by the court to evaluate |
| 2776 | the mental condition of a defendant in a criminal case shall be |
| 2777 | allowed reasonable fees for services rendered as evaluators of |
| 2778 | competence or sanity and as witnesses, which shall be paid by |
| 2779 | the county in which the indictment was found or the information |
| 2780 | or affidavit was filed. |
| 2781 | (a)1. The court shall pay for any expert that it appoints |
| 2782 | by court order, upon motion of counsel for the defendant or the |
| 2783 | state or upon its own motion. If the defense or the state |
| 2784 | retains an expert and waives the confidentiality of the expert's |
| 2785 | report, the court may pay for no more than two additional |
| 2786 | experts appointed by court order. If an expert appointed by the |
| 2787 | court upon motion of counsel for the defendant specifically to |
| 2788 | evaluate the competence of the defendant to proceed also |
| 2789 | addresses in his or her evaluation issues related to sanity as |
| 2790 | an affirmative defense, the court shall pay only for that |
| 2791 | portion of the experts' fees relating to the evaluation on |
| 2792 | competency to proceed and the balance of the fees shall be |
| 2793 | chargeable to the defense. |
| 2794 | 2. Pursuant to s. 29.006, the office of the public |
| 2795 | defender shall pay for any expert retained by the office. |
| 2796 | 3. Pursuant to s. 29.005, the office of the state attorney |
| 2797 | shall pay for any expert retained by the office. Notwithstanding |
| 2798 | subparagraph 1., the office of the state attorney shall pay for |
| 2799 | any expert whom the office retains and whom the office moves the |
| 2800 | court to appoint in order to ensure that the expert has access |
| 2801 | to the defendant. |
| 2802 | 4. An expert retained by the defendant who is represented |
| 2803 | by private counsel appointed under s. 27.5303 shall be paid by |
| 2804 | the Justice Administrative Commission. |
| 2805 | 5. An expert retained by a defendant who is indigent for |
| 2806 | costs as determined by the court and who is represented by |
| 2807 | private counsel, other than private counsel appointed under s. |
| 2808 | 27.5303, on a fee or pro bono basis, or who is representing |
| 2809 | himself or herself, shall be paid by the Justice Administrative |
| 2810 | Commission from funds specifically appropriated for these |
| 2811 | expenses. |
| 2812 | (b) State employees shall be paid expenses pursuant to s. |
| 2813 | 112.061. |
| 2814 | (c) The fees shall be taxed as costs in the case. |
| 2815 | (d) In order for an expert the experts to be paid for the |
| 2816 | services rendered, the expert's report reports and testimony |
| 2817 | must explicitly address each of the factors and follow the |
| 2818 | procedures set out in this chapter and in the Florida Rules of |
| 2819 | Criminal Procedure. |
| 2820 | Section 56. Subsections (2), (3), and (4) of section |
| 2821 | 916.12, Florida Statutes, are amended to read: |
| 2822 | 916.12 Mental competence to proceed.-- |
| 2823 | (2) An expert The experts shall first determine whether |
| 2824 | the person is mentally ill and, if so, consider the factors |
| 2825 | related to the issue of whether the defendant meets the criteria |
| 2826 | for competence to proceed; that is, whether the defendant has |
| 2827 | sufficient present ability to consult with counsel with a |
| 2828 | reasonable degree of rational understanding and whether the |
| 2829 | defendant has a rational, as well as factual, understanding of |
| 2830 | the pending proceedings. A defendant must be evaluated by no |
| 2831 | fewer than two experts before the court commits the defendant or |
| 2832 | takes other action authorized by this chapter or the Florida |
| 2833 | Rules of Criminal Procedure, except if one expert finds that the |
| 2834 | defendant is incompetent to proceed and the parties stipulate to |
| 2835 | that finding, the court may commit the defendant or take other |
| 2836 | action authorized by this chapter or the rules without further |
| 2837 | evaluation or hearing, or the court may appoint no more than two |
| 2838 | additional experts to evaluate the defendant. Notwithstanding |
| 2839 | any stipulation by the state and the defendant, the court may |
| 2840 | require a hearing with testimony from the expert or experts |
| 2841 | before ordering the commitment of a defendant. |
| 2842 | (3) In considering the issue of competence to proceed, an |
| 2843 | the examining expert experts shall first consider and |
| 2844 | specifically include in his or her their report the defendant's |
| 2845 | capacity to: |
| 2846 | (a) Appreciate the charges or allegations against the |
| 2847 | defendant; |
| 2848 | (b) Appreciate the range and nature of possible penalties, |
| 2849 | if applicable, that may be imposed in the proceedings against |
| 2850 | the defendant; |
| 2851 | (c) Understand the adversarial nature of the legal |
| 2852 | process; |
| 2853 | (d) Disclose to counsel facts pertinent to the proceedings |
| 2854 | at issue; |
| 2855 | (e) Manifest appropriate courtroom behavior; and |
| 2856 | (f) Testify relevantly; |
| 2857 |
|
| 2858 | and include in his or her their report any other factor deemed |
| 2859 | relevant by the expert experts. |
| 2860 | (4) If an expert finds the experts should find that the |
| 2861 | defendant is incompetent to proceed, the expert experts shall |
| 2862 | report on any recommended treatment for the defendant to attain |
| 2863 | competence to proceed. In considering the issues relating to |
| 2864 | treatment, the examining expert experts shall specifically |
| 2865 | report on: |
| 2866 | (a) The mental illness causing the incompetence; |
| 2867 | (b) The treatment or treatments appropriate for the mental |
| 2868 | illness of the defendant and an explanation of each of the |
| 2869 | possible treatment alternatives in order of choices; |
| 2870 | (c) The availability of acceptable treatment and, if |
| 2871 | treatment is available in the community, the expert shall so |
| 2872 | state in the report; and |
| 2873 | (d) The likelihood of the defendant's attaining competence |
| 2874 | under the treatment recommended, an assessment of the probable |
| 2875 | duration of the treatment required to restore competence, and |
| 2876 | the probability that the defendant will attain competence to |
| 2877 | proceed in the foreseeable future. |
| 2878 | Section 57. Subsection (7) of section 916.301, Florida |
| 2879 | Statutes, is amended to read: |
| 2880 | 916.301 Appointment of experts.-- |
| 2881 | (7) Expert witnesses appointed by the court to evaluate |
| 2882 | the mental condition of a defendant in a criminal case shall be |
| 2883 | allowed reasonable fees for services rendered as evaluators and |
| 2884 | as witnesses, which shall be paid by the court county in which |
| 2885 | the indictment was found or the information or affidavit was |
| 2886 | filed. State employees shall be paid expenses pursuant to s. |
| 2887 | 112.061. The fees shall be taxed as costs in the case. In order |
| 2888 | for the experts to be paid for the services rendered, the |
| 2889 | reports and testimony must explicitly address each of the |
| 2890 | factors and follow the procedures set out in this chapter and in |
| 2891 | the Florida Rules of Criminal Procedure. |
| 2892 | Section 58. Paragraph (b) of subsection (2) of section |
| 2893 | 938.29, Florida Statutes, is amended to read: |
| 2894 | 938.29 Legal assistance; lien for payment of attorney's |
| 2895 | fees or costs.-- |
| 2896 | (2) |
| 2897 | (b) A judgment showing the name and residence of the |
| 2898 | defendant-recipient or parent shall be recorded in the public |
| 2899 | record, without cost, by filed for record in the office of the |
| 2900 | clerk of the circuit court in the county where the defendant- |
| 2901 | recipient or parent resides and in each county in which such |
| 2902 | defendant-recipient or parent then owns or later acquires any |
| 2903 | property. Such judgments shall be enforced on behalf of the |
| 2904 | state by the clerk of the circuit court of the county in which |
| 2905 | assistance was rendered. |
| 2906 | Section 59. Section 939.06, Florida Statutes, is amended |
| 2907 | to read: |
| 2908 | 939.06 Acquitted defendant not liable for costs.-- |
| 2909 | (1) A No defendant in a criminal prosecution who is |
| 2910 | acquitted or discharged is not shall be liable for any costs or |
| 2911 | fees of the court or any ministerial office, or for any charge |
| 2912 | of subsistence while detained in custody. If the defendant has |
| 2913 | shall have paid any taxable costs, or fees required under s. |
| 2914 | 27.52(1)(b), in the case, the clerk or judge shall give him or |
| 2915 | her a certificate of the payment of such costs, with the items |
| 2916 | thereof, which, when audited and approved according to law, |
| 2917 | shall be refunded to the defendant. |
| 2918 | (2) To receive a refund under this section, a defendant |
| 2919 | must submit a request for the refund to the Justice |
| 2920 | Administrative Commission on a form and in a manner prescribed |
| 2921 | by the commission. The defendant must attach to the form an |
| 2922 | order from the court demonstrating the defendant's right to the |
| 2923 | refund and the amount of the refund. |
| 2924 | Section 60. Paragraph (b) of subsection (1) of section |
| 2925 | 939.185, Florida Statutes, is redesignated as paragraph (c), and |
| 2926 | a new paragraph (b) is added to said subsection, to read: |
| 2927 | 939.185 Assessment of additional court costs and |
| 2928 | surcharges.-- |
| 2929 | (1) |
| 2930 | (b) In addition to the court costs imposed under |
| 2931 | subsection (1) and any other cost, fine, or penalty imposed by |
| 2932 | law, any unit of local government which is consolidated as |
| 2933 | provided by s. 9, Art. VIII of the State Constitution of 1885, |
| 2934 | as preserved by s. 6(e), Art. VIII of the State Constitution of |
| 2935 | 1968, and which is granted the authority in the State |
| 2936 | Constitution to exercise all the powers of a municipal |
| 2937 | corporation, and any unit of local government operating under a |
| 2938 | home rule charter adopted pursuant to ss. 10, 11, and 24, Art. |
| 2939 | VIII of the State Constitution of 1885, as preserved by s. 6(e), |
| 2940 | Art. VIII of the State Constitution of 1968, which is granted |
| 2941 | the authority in the State Constitution to exercise all the |
| 2942 | powers conferred now or hereafter by general law upon |
| 2943 | municipalities, may impose by ordinance a surcharge in the |
| 2944 | amount of $85 to be imposed by the court when a person pleads |
| 2945 | guilty or nolo contendere to, or is found guilty of, any felony, |
| 2946 | misdemeanor, or criminal traffic offense under the laws of this |
| 2947 | state. Revenue from the surcharge shall be transferred to such |
| 2948 | unit of local government for the purpose of replacing fine |
| 2949 | revenue deposited into the clerk's fine and forfeiture fund |
| 2950 | under s. 142.01. Proceeds from the imposition of the surcharge |
| 2951 | authorized in this paragraph shall not be used for the purpose |
| 2952 | of securing payment of the principal and interest on bonds. This |
| 2953 | paragraph, and any surcharge imposed pursuant to this paragraph, |
| 2954 | shall stand repealed on September 30, 2007. |
| 2955 | (c)(b) The disbursement of costs collected under this |
| 2956 | section shall be subordinate in priority order of disbursement |
| 2957 | to all other state-imposed costs authorized in this chapter, |
| 2958 | restitution or other compensation to victims, and child support |
| 2959 | payments. |
| 2960 | Section 61. Subsection (2) of section 985.05, Florida |
| 2961 | Statutes, is amended, and subsection (5) is added to said |
| 2962 | section, to read: |
| 2963 | 985.05 Court records.-- |
| 2964 | (2) The clerk shall keep all official records required by |
| 2965 | this section separate from other records of the circuit court, |
| 2966 | except those records pertaining to motor vehicle violations, |
| 2967 | which shall be forwarded to the Department of Highway Safety and |
| 2968 | Motor Vehicles. Except as provided in ss. 943.053 and 985.04(4), |
| 2969 | official records required by this part are not open to |
| 2970 | inspection by the public, but may be inspected only upon order |
| 2971 | of the court by persons deemed by the court to have a proper |
| 2972 | interest therein, except that a child and the parents, |
| 2973 | guardians, or legal custodians of the child and their attorneys, |
| 2974 | law enforcement agencies, the Department of Juvenile Justice and |
| 2975 | its designees, the Parole Commission, and the Department of |
| 2976 | Corrections, and the Justice Administrative Commission shall |
| 2977 | always have the right to inspect and copy any official record |
| 2978 | pertaining to the child. The court may permit authorized |
| 2979 | representatives of recognized organizations compiling statistics |
| 2980 | for proper purposes to inspect, and make abstracts from, |
| 2981 | official records under whatever conditions upon the use and |
| 2982 | disposition of such records the court may deem proper and may |
| 2983 | punish by contempt proceedings any violation of those |
| 2984 | conditions. |
| 2985 | (5) This part does not prohibit a circuit court from |
| 2986 | providing a restitution order containing the information |
| 2987 | prescribed in s. 985.201(4)(c) to a collection court or a |
| 2988 | private collection agency for the sole purpose of collecting |
| 2989 | unpaid restitution ordered in a case in which the circuit court |
| 2990 | has retained jurisdiction over the child and the child's parent |
| 2991 | or legal guardian. The collection court or private collection |
| 2992 | agency shall maintain the confidential status of the information |
| 2993 | to the extent such confidentiality is provided by law. |
| 2994 | Section 62. Paragraph (c) of subsection (4) of section |
| 2995 | 985.201, Florida Statutes, is amended to read: |
| 2996 | 985.201 Jurisdiction.-- |
| 2997 | (4) |
| 2998 | (c) The court may retain jurisdiction over a child and the |
| 2999 | child's parent or legal guardian whom the court has ordered to |
| 3000 | pay restitution until the restitution order is satisfied or |
| 3001 | until the court orders otherwise. To retain jurisdiction, the |
| 3002 | court shall enter a restitution order, which is separate from |
| 3003 | any disposition or order of commitment, on or prior to the date |
| 3004 | that If the court retains such jurisdiction after the date upon |
| 3005 | which the court's jurisdiction would cease under this section, |
| 3006 | it shall do so solely for the purpose of enforcing the |
| 3007 | restitution order. The contents of the restitution order shall |
| 3008 | be limited to the child's name and address, the name and address |
| 3009 | of the parent or legal guardian, the name and address of the |
| 3010 | payee, the case number, the date and amount of restitution |
| 3011 | ordered, any amount of restitution paid, the amount of |
| 3012 | restitution due and owing, and a notation that costs, interest, |
| 3013 | penalties, and attorney's fees may also be due and owing. The |
| 3014 | terms of the restitution order are subject to the provisions of |
| 3015 | s. 775.089(5). |
| 3016 | Section 63. Compensation to traffic court witnesses.--Any |
| 3017 | party who secures the attendance of a witness in traffic court |
| 3018 | shall bear all costs of calling the witness, including witness |
| 3019 | fees. If the witness is required to testify on behalf of the |
| 3020 | prosecution, the office of the state attorney of the respective |
| 3021 | judicial circuit shall pay the fees and costs of calling the |
| 3022 | witness. |
| 3023 | Section 64. Recovery of expenditures for state-funded |
| 3024 | services.--The trial court administrator of each circuit shall |
| 3025 | recover expenditures for state-funded services when those |
| 3026 | services have been furnished to a user of the state court system |
| 3027 | who possesses the present ability to pay. The rate of |
| 3028 | compensation for such services shall be the actual cost of the |
| 3029 | services, including the cost of recovery. The trial court |
| 3030 | administrator shall deposit moneys recovered under this section |
| 3031 | in the Grants and Donations Trust Fund within the state court |
| 3032 | system. The trial court administrator shall recover the costs of |
| 3033 | court-reporter services and transcription; court-interpreter |
| 3034 | services, including translation; and any other service for which |
| 3035 | state funds were used to provide a product or service within the |
| 3036 | circuit. This section does not authorize cost recovery from |
| 3037 | entities described in ss. 29.005, 29.006, and 29.007, Florida |
| 3038 | Statutes. |
| 3039 | Section 65. It is the intent of the Legislature that |
| 3040 | the amendments made by this act to ss. 28.2402, 34.191, and |
| 3041 | 318.21, Florida Statutes, are remedial. It is the further intent |
| 3042 | of the Legislature that fines and forfeitures or civil penalties |
| 3043 | arising from offenses or violations committed or occurring |
| 3044 | within an unincorporated area of a municipality having a |
| 3045 | consolidated government under Section 6(e), Article VIII of the |
| 3046 | State Constitution be paid or deposited for fiscal year 2004- |
| 3047 | 2005 as provided in ss. 28.2402, 34.191, and 318.21, Florida |
| 3048 | Statutes, as those sections are amended by this act. This |
| 3049 | section shall take effect upon becoming a law. |
| 3050 | Section 66. (1)(a) The Legislature finds that the use of |
| 3051 | estimates of prior-year expenditures to establish maximum annual |
| 3052 | budgets for the county fiscal year 2004-2005 resulted in maximum |
| 3053 | annual budgets for some clerks of court which were less than the |
| 3054 | amounts would have been if actual prior-year expenditures had |
| 3055 | been used. |
| 3056 | (b) The Legislature further finds that the clerks of court |
| 3057 | perform duties critical to the operations of the judicial branch |
| 3058 | and that future maximum annual budgets for the clerks of court |
| 3059 | are based in part on their prior-year budgets. |
| 3060 | (c) The Legislature further finds that the difference |
| 3061 | between establishing the maximum annual budget using estimated |
| 3062 | prior-year expenditures and using actual prior-year expenditures |
| 3063 | was significant for the Clerk of Court for the Eleventh Judicial |
| 3064 | Circuit. |
| 3065 | (2) Therefore, the maximum annual budget for the Clerk of |
| 3066 | Court for the Eleventh Judicial Circuit is increased by |
| 3067 | $3,817,115 for the county fiscal year 2004-2005. |
| 3068 | Section 67. (1) Effective July 1, 2006, section 29.014, |
| 3069 | Florida Statutes, is repealed. |
| 3070 | (2) Section 318.37, Florida Statutes, is repealed. |
| 3071 | Section 68. Section 938.19, Florida Statutes, is amended |
| 3072 | to read: |
| 3073 | 938.19 Teen courts.-- |
| 3074 | (1) Notwithstanding s. 318.121, in each county in which a |
| 3075 | teen court has been created, the board of county commissioners |
| 3076 | may adopt a mandatory court cost to be assessed in specific |
| 3077 | cases by incorporating by reference the provisions of this |
| 3078 | section in a county ordinance. Assessments collected by the |
| 3079 | clerk of the circuit court under this section shall be deposited |
| 3080 | into an account specifically for the operation and |
| 3081 | administration of the teen court. |
| 3082 | (2) A sum of up to $3 shall be assessed as a court cost in |
| 3083 | the circuit and county court in the county against each person |
| 3084 | who pleads guilty or nolo contendere to, or is convicted of, |
| 3085 | regardless of adjudication, a violation of a criminal law or a |
| 3086 | municipal or county ordinance, or who pays a fine or civil |
| 3087 | penalty for any violation of chapter 316. Any person whose |
| 3088 | adjudication is withheld under s. 318.14(9) or s. 318.14(10) |
| 3089 | shall also be assessed the cost. |
| 3090 | (3) The assessment for court costs shall be assessed in |
| 3091 | addition to any fine or civil penalty or other court cost and |
| 3092 | may not be deducted from the proceeds of that portion of any |
| 3093 | fine or civil penalty that is received by a municipality in the |
| 3094 | county or by the county in accordance with ss. 316.660 and |
| 3095 | 318.21. The assessment shall be specifically added to any civil |
| 3096 | penalty paid for a violation of chapter 316, regardless of |
| 3097 | whether the penalty is paid by mail, paid in person without |
| 3098 | request for a hearing, or paid after hearing and determination |
| 3099 | by the court. However, the assessment may not be made against a |
| 3100 | person for a violation of any state law or municipal or county |
| 3101 | ordinance relating to the parking of vehicles, with the |
| 3102 | exception of a violation of the handicapped parking laws. |
| 3103 | (4)(a) The clerk of the circuit court shall collect the |
| 3104 | assessments for court costs established in this section and |
| 3105 | shall remit the assessments to the teen court monthly. |
| 3106 | (b) The clerk of the circuit court shall withhold 5 |
| 3107 | percent of the assessments collected, which shall be retained as |
| 3108 | fee income of the office of the clerk of the circuit court. |
| 3109 | (5) A teen court must account for all funds received under |
| 3110 | this section in a written report to the board of county |
| 3111 | commissioners. The report must be given to the commissioners by |
| 3112 | August 1 of each year or by a date required by the |
| 3113 | commissioners. |
| 3114 | (6) A teen court may be administered by a nonprofit |
| 3115 | organization, a law enforcement agency, the court administrator, |
| 3116 | the clerk of the court, or another similar agency authorized by |
| 3117 | the board of county commissioners. |
| 3118 | (7) A teen court administered in a county that adopts an |
| 3119 | ordinance to assess court costs under this section may not |
| 3120 | receive court costs collected under s. 939.185(1)(a)4. Counties |
| 3121 | are hereby authorized to fund teen courts. |
| 3122 | Section 69. The amendment to s. 938.19, Florida Statutes, |
| 3123 | by this act shall expire on July 1, 2006, and the text of that |
| 3124 | section shall revert to that in existence on June 30, 2005, |
| 3125 | except that any amendments to such text enacted other than by |
| 3126 | this act shall be preserved and continue to operate to the |
| 3127 | extent that such amendments are not dependent upon the portions |
| 3128 | of such text that expire pursuant to the provisions of this act. |
| 3129 | Any court cost imposed pursuant to the amendment of s. 938.19, |
| 3130 | Florida Statutes, by this act shall also expire on July 1, 2006. |
| 3131 | Section 70. Paragraph (a) of subsection (1) of section |
| 3132 | 939.185, Florida Statutes, is amended to read: |
| 3133 | 939.185 Assessment of additional court costs.-- |
| 3134 | (1)(a) The board of county commissioners may adopt by |
| 3135 | ordinance an additional court cost, not to exceed $65, to be |
| 3136 | imposed by the court when a person pleads guilty or nolo |
| 3137 | contendere to, or is found guilty of, any felony, misdemeanor, |
| 3138 | or criminal traffic offense under the laws of this state. Such |
| 3139 | additional assessment shall be accounted for separately by the |
| 3140 | county in which the offense occurred and be used only in the |
| 3141 | county imposing this cost, to be allocated as follows: |
| 3142 | 1. Twenty-five percent of the amount collected shall be |
| 3143 | allocated to fund innovations to supplement state funding for |
| 3144 | the elements of the state courts system identified in s. 29.004 |
| 3145 | and county funding for local requirements under s. |
| 3146 | 29.008(2)(a)2. |
| 3147 | 2. Twenty-five percent of the amount collected shall be |
| 3148 | allocated to assist counties in providing legal aid programs |
| 3149 | required under s. 29.008(3)(a). |
| 3150 | 3. Twenty-five percent of the amount collected shall be |
| 3151 | allocated to fund personnel and legal materials for the public |
| 3152 | as part of a law library. |
| 3153 | 4. Twenty-five percent of the amount collected shall be |
| 3154 | used as determined by the board of county commissioners to |
| 3155 | support teen court programs, except as provided in s. 938.19(7), |
| 3156 | juvenile assessment centers, and other juvenile alternative |
| 3157 | programs. |
| 3158 |
|
| 3159 | Each county receiving funds under this section shall report the |
| 3160 | amount of funds collected pursuant to this section and an |
| 3161 | itemized list of expenditures for all authorized programs and |
| 3162 | activities. The report shall be submitted in a format developed |
| 3163 | by the Supreme Court to the Governor, the Chief Financial |
| 3164 | Officer, the President of the Senate, and the Speaker of the |
| 3165 | House of Representatives on a quarterly basis beginning with the |
| 3166 | quarter ending September 30, 2004. Quarterly reports shall be |
| 3167 | submitted no later than 30 days after the end of the quarter. |
| 3168 | Any unspent funds at the close of the county fiscal year |
| 3169 | allocated under subparagraphs 2., 3., and 4., shall be |
| 3170 | transferred for use pursuant to subparagraph 1. |
| 3171 | Section 71. The sum of $1.5 million in recurring funds is |
| 3172 | appropriated from the General Revenue Fund to the Justice |
| 3173 | Administrative Commission for public defender due process |
| 3174 | services for the 2005-2006 fiscal year. |
| 3175 | Section 72. The sum of $800,000 in recurring funds is |
| 3176 | appropriated from the General Revenue Fund to the Justice |
| 3177 | Administrative Commission for state attorney due process |
| 3178 | services for the 2005-2006 fiscal year. |
| 3179 | Section 73. Except as otherwise provided herein, this act |
| 3180 | shall take effect July 1, 2005. |