HB 1935

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 Legislative Budget Commission
111	may approve adjustments to the clerk's maximum annual
112	budget for court-related duties; amending s. 28.37, F.S.;
113	expanding the types of excess funds that clerks of the
114	court must remit to the Department of Revenue over the
115	amount needed to meet approved budgets; creating s. 28.44,
116	F.S.; 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. 44.103,
192	F.S.; limiting the amount of per diem expenses an
193	arbitrator may charge; amending s. 44.108, F.S.;
194	clarifying the fees charged for scheduled mediation
195	services provided by a circuit court's mediation program;
196	requiring the clerk of the court to report to the chief
197	judge the amount of such fees collected; amending s.
198	57.081, F.S.; providing a cross-reference to conform;
199	creating s. 57.082, F.S., relating to the determination of
200	civil indigent status; providing for application to the
201	clerk of court for such a determination and appointment of
202	a private attorney in certain civil cases; providing
203	application requirements; prescribing duties of the clerk
204	of court relating to an application; prescribing
205	application requirements and review criteria; providing
206	for determinations by a clerk of the basis of an
207	applicant's indigency; providing criteria; providing for
208	appointment of counsel on an interim basis; providing for
209	review by the court of a clerk's determination; providing
210	criteria; authorizing a court to determine a person
211	indigent and eligible for appointed counsel; providing
212	criteria and requirements for such determination;
213	requiring persons determined to be indigent for civil
214	proceedings to be enrolled in a payment plan and charged
215	an administrative processing charge; providing plan
216	criteria; providing for a reevaluation of indigent status
217	and referral to the state attorney upon evidence of
218	financial discrepancies or fraud; providing for recovery
219	and disposition of certain amounts recovered; providing
220	criminal penalties for the provision of false information;
221	amending s. 92.142, F.S.; deleting a provision that
222	provides for payment of per diem and travel expenses for a
223	witness in a criminal case at the discretion of the court;
224	amending s. 92.231, F.S.; removing a reference to the
225	Article V Indigent Services Advisory Board; amending s.
226	110.205, F.S.; specifying that members, officers, and
227	employees of the Justice Administrative Commission and
228	certain related organizations are exempt positions under
229	career service provisions; amending s. 116.01, F.S.;
230	providing procedures for the clerk of the court to remit
231	funds to the Department of Revenue; amending s. 116.21,
232	F.S.; authorizing sheriffs and clerks of the courts to pay
233	certain deposited or collected funds into a specific fine
234	and forfeiture fund; requiring the clerk to pay for the
235	cost of publication of the list of unclaimed court-related
236	funds; requiring unclaimed funds to be deposited into the
237	fine and forfeiture fund; amending s. 119.07, F.S.;
238	extending the time period during which certain social
239	security numbers and other data included in court or
240	official county records may be available for public
241	inspection unless redaction is requested; extending the
242	deadline by which court clerks and county recorders must
243	keep such data confidential; amending s. 142.01, F.S.;
244	clarifying those moneys to be included within the fine and
245	forfeiture fund of the clerk of the circuit court;
246	amending s. 213.13, F.S.; requiring that the court-related
247	collections remitted by the clerk to the state be
248	transmitted electronically within a specified period;
249	amending s. 218.245, F.S.; revising the requirements for
250	revenue sharing with respect to certain local governments;
251	amending s. 219.07, F.S.; revising disbursement
252	requirements for the clerk as part of his or her court-
253	related functions; amending s. 219.075, F.S.; exempting
254	funds collected by the clerk from the requirements for the
255	investment of surplus funds of a county; amending s.
256	318.121, F.S.; specifying that certain surcharges may not
257	be added to civil traffic penalties; amending s. 318.18,
258	F.S.; authorizing a portion of certain surcharge revenues
259	to be used for local law libraries; requiring the clerk of
260	the court to quarterly report the amount of certain
261	surcharges collected to the chief judge, the Governor, and
262	the Legislature; authorizing certain local governments to
263	impose by ordinance a surcharge on any infraction or
264	violation in addition to certain noncriminal traffic
265	infractions and certain criminal violations; providing for
266	transfer of revenues from such surcharge for certain
267	purposes; prohibiting a court from waiving the surcharge;
268	providing for repeal; amending s. 318.21, F.S.; providing
269	for the disposition of traffic-infraction penalties for
270	violations occurring in unincorporated areas of certain
271	counties having a consolidated government or
272	unincorporated areas of certain municipalities having a
273	consolidated government; amending s. 318.31, F.S.;
274	deleting provisions concerning the appointment of a civil
275	traffic infraction hearing officer; amending s. 328.32,
276	F.S.; providing additional limitation on a hearing
277	officer's authority; amending s. 318.325, F.S.; deleting
278	provisions specifying the funding of such hearing officer;
279	amending s. 322.29, F.S.; increasing the fees charged for
280	reinstating a driver's license; amending s. 372.72, F.S.;
281	requiring that the proceeds from unclaimed bonds be
282	deposited into the clerk's fine and forfeiture fund;
283	amending s. 903.26, F.S.; revising the procedure for
284	determining the amount of the costs incurred in returning
285	a defendant to the county of jurisdiction; amending s.
286	903.28, F.S.; revising certain notice requirements
287	following the surrender or apprehension of a defendant for
288	purposes of remission of a forfeiture; authorizing clerks
289	of circuit courts to enter into contracts or interagency
290	agreements to represent the clerk in certain actions;
291	providing that the clerk is the real party in interest for
292	all appeals arising from such an action; creating s.
293	903.286, F.S.; authorizing the clerk to withhold
294	sufficient funds to pay any unpaid court fees, court
295	costs, and criminal penalties under certain circumstances;
296	authorizing the clerk to obtain payment from the defendant
297	or enroll the defendant in a payment plan under certain
298	circumstances; amending s. 916.115, F.S.; revising
299	requirements for the payment of experts; specifying which
300	fees are to be paid by the state, the office of the public
301	defender, the office of the state attorney, or the Justice
302	Administrative Commission; amending s. 916.12, F.S.;
303	revising the procedures under which the court may take
304	action following a finding that the defendant is
305	incompetent to proceed; requiring evaluation of a
306	defendant; providing criteria; authorizing a court to
307	commit a defendant or take other action under certain
308	circumstances; amending s. 916.301, F.S.; requiring the
309	court to pay for certain expert witnesses appointed by the
310	court; amending s. 938.29, F.S.; providing for a judgment
311	lien for the payment of certain attorney's fees to be
312	filed without cost; amending s. 939.06, F.S.; clarifying
313	that an acquitted defendant is not liable for certain
314	costs or fees; providing a procedure for such a defendant
315	to request a refund from the Justice Administrative
316	Commission of costs or fees paid; amending s. 939.185,
317	F.S.; authorizing certain local governments to impose by
318	ordinance in addition to certain court costs and other
319	costs, fines, and penalties imposed by law a surcharge to
320	be imposed by court on persons pleading guilty or nolo
321	contendere to certain criminal offenses; providing for
322	transfer of revenues from such surcharge for certain
323	purposes; providing for repeal; amending s. 985.05, F.S.;
324	authorizing the Justice Administrative Commission to have
325	access to certain court records; authorizing circuit
326	courts to share certain juvenile delinquency restitution
327	orders; amending s. 985.201, F.S.; revising the manner in
328	which a court may retain jurisdiction over a child and the
329	child's parent when the court has ordered restitution for
330	certain delinquent acts; requiring the party calling a
331	witness in traffic court to bear the costs; requiring the
332	office of the state attorney to pay such costs if the
333	witness is required to testify on behalf of the
334	prosecution; authorizing the trial court administrator to
335	recover expenditures for state-funded services if those
336	services were furnished to a user possessing the ability
337	to pay; providing for deposit of such funds; authorizing
338	the trial court administrator to recover certain costs
339	under certain circumstances; requiring the chief judge to
340	determine the rate, which may not exceed the cost of the
341	service and recovery; providing legislative intent for
342	revisions to ss. 28.2402, 34.191, and 318.21, F.S.;
343	revising the maximum annual budget amount for the Clerk of
344	the Circuit Court, Miami-Dade County; repealing s. 29.014,
345	F.S., relating to the Article V Indigent Service Advisory
346	Board; repealing s. 318.37, F.S., relating to funding for
347	a Civil Traffic Infraction Hearing Officer Program;
348	amending s. 938.19, F.S.; authorizing a board of county
349	commissioners to adopt an ordinance that incorporates the
350	provisions of the act; providing funding for a teen court
351	through the assessment of an additional court cost against
352	each person who pleads guilty or nolo contendere to, or is
353	convicted of, a violation of a criminal law, an ordinance,
354	or a traffic offense in the county; providing exceptions;
355	providing for administration by the clerk of the circuit
356	court; authorizing the clerk of the circuit court to
357	retain a specified percentage of the assessments
358	collected; requiring the teen court to account for all
359	funds received; requiring an annual report to the board of
360	county commissioners by a specified date; authorizing
361	specified organizations to administer a teen court
362	program; prohibiting teen courts in counties adopting an
363	ordinance from receiving court costs under s. 939.185,
364	F.S.; amending s. 939.185, F.S.; providing an exception
365	for teen court funding; providing appropriations;
366	providing effective dates.
367
368	Be It Enacted by the Legislature of the State of Florida:
369
370	Section 1.  Subsections (2), (3), (5), and (7) of section
371	27.40, Florida Statutes, are amended to read:
372	27.40  Court-appointed counsel; circuit registries; minimum
373	requirements; appointment by court.--
374	(2)  No later than October 1, 2004, Private counsel
375	appointed by the court to provide representation shall be
376	selected from a registry of individual attorneys established by
377	the circuit Article V indigent services committee or procured
378	through a competitive bidding process.
379	(3)  In utilizing a registry:
380	(a)  Each circuit Article V indigent services committee
381	shall compile and maintain a list of attorneys in private
382	practice, by county and by category of cases. From October 1,
383	2005, through September 30, 2007, the list of attorneys compiled
384	by the Eleventh Judicial Circuit shall provide the race, gender,
385	and national origin of assigned attorneys. To be included on a
386	registry, attorneys shall certify that they meet any minimum
387	requirements established in general law for court appointment,
388	are available to represent indigent defendants in cases
389	requiring court appointment of private counsel, and are willing
390	to abide by the terms of the contract for services. To be
391	included on a registry, an attorney also must enter into a
392	contract for services with the Justice Administrative
393	Commission. Failure to comply with the terms of the contract for
394	services may result in termination of the contract and removal
395	from the registry. Each attorney on the registry shall be
396	responsible for notifying the circuit Article V indigent
397	services committee and the Justice Administrative Commission of
398	any change in his or her status. Failure to comply with this
399	requirement shall be cause for termination of the contract for
400	services and removal from the registry until the requirement is
401	fulfilled.
402	(b)  The court shall appoint attorneys in rotating order in
403	the order in which names appear on the applicable registry,
404	unless the court makes a finding of good cause on the record for
405	appointing an attorney out of order. An attorney not appointed
406	in the order in which his or her name appears on the list shall
407	remain next in order.
408	(c)  If it finds the number of attorneys on the registry in
409	a county or circuit for a particular category of cases is
410	inadequate, the circuit Article V indigent services committee
411	shall notify the chief judge of the particular circuit in
412	writing. The chief judge shall submit the names of at least
413	three private attorneys with relevant experience. The clerk of
414	court shall send an application to each of these attorneys to
415	register for appointment.
416	(d)  Quarterly, beginning no later than October 1, 2004,
417	each circuit Article V indigent services committee shall provide
418	a current copy of each registry to the Chief Justice of the
419	Supreme Court, the chief judge, the state attorney and public
420	defender in each judicial circuit, and the clerk of court in
421	each county, the Justice Administrative Commission, and the
422	Indigent Services Advisory Board with a current copy of each
423	registry. From October 1, 2005, through September 30, 2007, the
424	report submitted by the Eleventh Judicial Circuit shall include
425	the race, gender, and national origin of all attorneys listed in
426	and appointed under the registry.
427	(5)  The Justice Administrative Commission shall approve
428	uniform contract forms for use in procuring the services of
429	private court-appointed counsel and uniform procedures and forms
430	for use by a court-appointed attorney in support of billing for
431	attorney's fees, costs, and related expenses to demonstrate the
432	attorney's completion of specified duties.
433	(7)(a)  An attorney appointed to represent a defendant or
434	other client is entitled to payment pursuant to s. 27.5304, only
435	upon full performance by the attorney of specified duties,
436	approval of payment by the court, except for payment based on a
437	flat fee per case as provided in s. 27.5304; and attorney
438	submission of a payment request to the Justice Administrative
439	Commission. Upon being permitted to withdraw from a case, a
440	court-appointed attorney shall submit a copy of the order to the
441	Justice Administrative Commission at the time it is issued by
442	the court. If an attorney is permitted to withdraw or is
443	otherwise removed from representation prior to full performance
444	of the duties specified in this section for reasons other than
445	breach of duty, the trial court shall approve payment of
446	attorney's fees and costs for work performed in an amount not to
447	exceed the amounts specified in s. 27.5304. Withdrawal from a
448	case prior to full performance of the duties specified shall
449	create a rebuttable presumption that the attorney is not
450	entitled to the entire flat fee for those cases paid on a flat-
451	fee-per-case basis.
452	(b)  The attorney shall maintain appropriate documentation,
453	including a current and detailed hourly accounting of time spent
454	representing the defendant or other client. These records and
455	documents are subject to review by the Justice Administrative
456	Commission, subject to the attorney-client privilege and work
457	product privilege.
458	Section 2.  Section 27.42, Florida Statutes, is amended to
459	read:
460	27.42  Circuit Article V indigent services committees;
461	composition; staff; responsibilities; funding.--
462	(1)  In each judicial circuit a circuit Article V indigent
463	services committee shall be established. The committee shall
464	consist of the following:
465	(a)  The chief judge of the judicial circuit or the chief
466	judge's designee, who shall serve as the chair.
467	(b)  The public defender of the judicial circuit, or
468	designee from within the office of the public defender.
469	(c)  One experienced private criminal defense attorney
470	appointed by the chief judge to serve a 2-year term. During the
471	2-year term, the attorney is prohibited from serving as court-
472	appointed counsel.
473	(d)  One experienced civil trial attorney appointed by the
474	chief judge, to serve a 2-year term. During the 2-year term, the
475	attorney is prohibited from serving as court-appointed counsel.
476	(2)(a)  The responsibility of the circuit Article V
477	indigent services committee is to manage the appointment and
478	compensation of court-appointed counsel within a circuit
479	pursuant to ss. 27.40 and 27.5303. The committee shall also set
480	the compensation rates of due-process service providers in cases
481	where the court has appointed counsel or declared a person
482	indigent for costs, not to exceed any rates specified in the
483	General Appropriations Act such that the total amount expended
484	does not exceed the amount budgeted in the General
485	Appropriations Act for the particular due-process service. The
486	circuit Article V indigent services committee shall meet at
487	least quarterly.
488	(b)  No later than October 1, 2004, Each circuit Article V
489	indigent services committee shall maintain a registry pursuant
490	to s. 27.40, even when procuring counsel through a competitive
491	bidding process. However, if counsel is procured through a
492	competitive bidding process, the registry shall be used only
493	when counsel obtained through that process is unable to provide
494	representation due to a conflict of interest or reasons beyond
495	their control. The committee shall apply any eligibility and
496	performance standards set by the Legislature.
497	(c)  Each circuit Article V indigent services committee
498	shall develop a schedule of standard fees and expense allowances
499	for the categories of cases specified in s. 27.5304 27.5303,
500	consistent with the overall compensation rates in that section
501	and within the amount of appropriated funds allocated by the
502	Justice Administrative Commission to the circuit for this
503	purpose.
504	(d)  Each circuit Article V indigent services committee
505	shall establish a schedule of standard allowances for due-
506	process expenses for cases in which the court has declared a
507	person indigent for costs, within the amount of appropriated
508	funds allocated by the Justice Administrative Commission to the
509	circuit for this purpose.
510	(3)  Notwithstanding any other provision of this section, a
511	circuit Article V indigent services committee may approve, and
512	the Justice Administrative Commission shall investigate and
513	evaluate the use of funds for, alternate models for the
514	provision of criminal and civil due-process services and
515	representation other than a model based on a per-case fee if a
516	more cost-effective and efficient system can be provided. An
517	alternate model may include court-reporting services and the
518	provision of court-appointed counsel.
519	(4)(3)  The Justice Administrative Commission shall prepare
520	and issue on a quarterly basis a statewide report comparing
521	actual year-to-date expenditures to budgeted amounts for the
522	circuit Article V indigent services committees in each of the
523	judicial circuits. Copies of these quarterly reports shall be
524	distributed to each circuit Article V indigent services
525	committee and to the Governor, the Chief Justice of the Supreme
526	Court, the President of the Senate, and the Speaker of the House
527	of Representatives.
528	(5)(4)(a)  The funding and positions for the processing of
529	committees' fees and expenses shall be as appropriated to the
530	Justice Administrative Commission in the General Appropriations
531	Act.
532	(b)  Funds for criminal conflict attorney's fees and
533	expenses shall be appropriated by the Legislature in a separate
534	appropriations category within the Justice Administrative
535	Commission. These funds shall be allocated to each circuit as
536	prescribed in the General Appropriations Act.
537	(c)  Funds for attorney's fees and expenses for child
538	dependency and civil conflict cases shall be appropriated by the
539	Legislature in a separate appropriations category within the
540	Justice Administrative Commission.
541	(d)  Any funds the Legislature appropriates for other
542	court-appointed counsel cases shall be as appropriated within
543	the Justice Administrative Commission.
544
545	The Justice Administrative Commission shall separately track
546	expenditures on private court-appointed counsel for the
547	following categories of cases: criminal conflict, civil
548	conflict, dependency and termination of parental rights, and
549	guardianship. From October 1, 2005, through September 30, 2007,
550	the Justice Administrative Commission shall also track and issue
551	a report on the race, gender, and national origin of private
552	court-appointed counsel for the Eleventh Judicial Circuit.
553	Section 3.  Section 27.52, Florida Statutes, is amended to
554	read:
555	(Substantial rewording of section. See
556	s. 27.52, F.S., for present text.)
557	27.52  Determination of indigent status.--
558	(1)  APPLICATION TO THE CLERK.--A person seeking
559	appointment of a public defender under s. 27.51 based upon an
560	inability to pay must apply to the clerk of the court for a
561	determination of indigent status using an application form
562	developed by the Florida Clerks of Court Operations Corporation
563	with final approval by the Supreme Court.
564	(a)  The application must include, at a minimum, the
565	following financial information:
566	1.  Net income, consisting of total salary and wages, minus
567	deductions required by law, including court-ordered support
568	payments.
569	2.  Other income, including, but not limited to, social
570	security benefits, union funds, veterans' benefits, workers'
571	compensation, other regular support from absent family members,
572	public or private employee pensions, unemployment compensation,
573	dividends, interest, rent, trusts, and gifts.
574	3.  Assets, including, but not limited to, cash, savings
575	accounts, bank accounts, stocks, bonds, certificates of deposit,
576	equity in real estate, and equity in a boat or a motor vehicle
577	or in other tangible property.
578	4.  All liabilities and debts.
579	5.  If applicable, the amount of any bail paid for the
580	applicant's release from incarceration and the source of the
581	funds.
582
583	The application must include a signature by the applicant which
584	attests to the truthfulness of the information provided. The
585	application form developed by the corporation must include
586	notice that the applicant may seek court review of a clerk's
587	determination that the applicant is not indigent, as provided in
588	this section.
589	(b)  An applicant shall pay a $40 application fee to the
590	clerk for each application for court-appointed counsel filed.
591	The applicant shall pay the fee within 7 days after submitting
592	the application. If the applicant does not pay the fee prior to
593	the disposition of the case, the clerk shall notify the court,
594	and the court shall:
595	1.  Assess the application fee as part of the sentence or
596	as a condition of probation; or
597	2.  Assess the application fee pursuant to s. 938.29.
598	(c)  Notwithstanding any provision of law, court rule, or
599	administrative order, the clerk shall assign the first $40 of
600	any fees or costs paid by an indigent person as payment of the
601	application fee. A person found to be indigent may not be
602	refused counsel or other required due-process services for
603	failure to pay the fee.
604	(d)  All application fees collected by the clerk under this
605	section shall be transferred monthly by the clerk to the
606	Department of Revenue for deposit in the Indigent Criminal
607	Defense Trust Fund administered by the Justice Administrative
608	Commission, to be used to as appropriated by the Legislature.
609	The clerk may retain 2 percent of application fees collected
610	monthly for administrative costs prior to remitting the
611	remainder to the Department of Revenue.
612	(e)1.  The clerk shall assist a person who appears before
613	the clerk and requests assistance in completing the application,
614	and the clerk shall notify the court if a person is unable to
615	complete the application after the clerk has provided
616	assistance.
617	2.  If the person seeking appointment of a public defender
618	is incarcerated, the public defender is responsible for
619	providing the application to the person and assisting him or her
620	in its completion and is responsible for submitting the
621	application to the clerk on the person's behalf. The public
622	defender may enter into an agreement for jail employees,
623	pretrial services employees, or employees of other criminal
624	justice agencies to assist the public defender in performing
625	functions assigned to the public defender under this
626	subparagraph.
627	(2)  DETERMINATION BY THE CLERK.--The clerk of the court
628	shall determine whether an applicant seeking appointment of a
629	public defender is indigent based upon the information provided
630	in the application and the criteria prescribed in this
631	subsection.
632	(a)1.  An applicant, including an applicant who is a minor
633	or an adult tax-dependent person, is indigent if the applicant's
634	income is equal to or below 200 percent of the then-current
635	federal poverty guidelines prescribed for the size of the
636	household of the applicant by the United States Department of
637	Health and Human Services or if the person is receiving
638	Temporary Assistance for Needy Families-Cash Assistance,
639	poverty-related veterans' benefits, or Supplemental Security
640	Income (SSI).
641	2.  There is a presumption that the applicant is not
642	indigent if the applicant owns, or has equity in, any intangible
643	or tangible personal property or real property or the expectancy
644	of an interest in any such property having a net equity value of
645	$2,500 or more, excluding the value of the person's homestead
646	and one vehicle having a net value not exceeding $5,000.
647	(b)  Based upon its review, the clerk shall make one of the
648	following determinations:
649	1.  The applicant is not indigent.
650	2.  The applicant is indigent.
651	(c)1.  If the clerk determines that the applicant is
652	indigent, the clerk shall submit the determination to the office
653	of the public defender and immediately file the determination in
654	the case file.
655	2.  If the public defender is unable to provide
656	representation due to a conflict pursuant to s. 27.5303, the
657	public defender shall move the court for withdrawal from
658	representation and appointment of private counsel.
659	(d)  The duty of the clerk in determining whether an
660	applicant is indigent shall be limited to receiving the
661	application and comparing the information provided in the
662	application to the criteria prescribed in this subsection. The
663	determination of indigent status is a ministerial act of the
664	clerk and not a decision based on further investigation or the
665	exercise of independent judgment by the clerk. The clerk may
666	contract with third parties to perform functions assigned to the
667	clerk under this section.
668	(e)  The applicant may seek review of the clerk's
669	determination that the applicant is not indigent in the court
670	having jurisdiction over the matter at the next scheduled
671	hearing. If the applicant seeks review of the clerk's
672	determination of indigent status, the court shall make a final
673	determination as provided in subsection (4).
674	(3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the clerk
675	of the court has not made a determination of indigent status at
676	the time a person requests appointment of a public defender, the
677	court shall make a preliminary determination of indigent status,
678	pending further review by the clerk, and may, by court order,
679	appoint a public defender or private counsel on an interim
680	basis.
681	(4)  REVIEW OF CLERK'S DETERMINATION.--
682	(a)  If the clerk of the court determines that the
683	applicant is not indigent, and the applicant seeks review of the
684	clerk's determination, the court shall make a final
685	determination of indigent status by reviewing the information
686	provided in the application against the criteria prescribed in
687	subsection (2) and by considering the following additional
688	factors:
689	1.  Whether the applicant has been released on bail in an
690	amount of $5,000 or more.
691	2.  Whether a bond has been posted, the type of bond, and
692	who paid the bond.
693	3.  Whether paying for private counsel in an amount that
694	exceeds the limitations in s. 27.5304, or other due-process
695	services creates a substantial hardship for the applicant or the
696	applicant's family.
697	4.  Any other relevant financial circumstances of the
698	applicant or the applicant's family.
699	(b)  Based upon its review, the court shall make one of the
700	following determinations and, if the applicant is indigent,
701	shall appoint a public defender or, if appropriate, private
702	counsel:
703	1.  The applicant is not indigent.
704	2.  The applicant is indigent.
705	(5)  INDIGENT FOR COSTS.--A person who is eligible to be
706	represented by a public defender under s. 27.51 but who is
707	represented by private counsel not appointed by the court for a
708	reasonable fee as approved by the court, on a pro bono basis, or
709	who is proceeding pro se, may move the court for a determination
710	that he or she is indigent for costs and eligible for the
711	provision of due-process services, as prescribed by ss. 29.006
712	and 29.007, funded by the state.
713	(a)  The person must submit to the court:
714	1.  The completed application prescribed in subsection (1).
715	2.  In the case of a person represented by counsel, an
716	affidavit attesting to the estimated amount of attorney's fees
717	and the source of payment for these fees.
718	(b)  In reviewing the motion, the court shall consider:
719	1.  Whether the applicant applied for a determination of
720	indigent status under subsection (1) and the outcome of such
721	application.
722	2.  The extent to which the person's income equals or
723	exceeds the income criteria prescribed in subsection (2).
724	3.  The additional factors prescribed in subsection (4).
725	4.  Whether the applicant is proceeding pro se.
726	5.  When the applicant retained private counsel.
727	6.  The amount of any attorney's fees and who is paying the
728	fees.
729	(c)  Based upon its review, the court shall make one of the
730	following determinations:
731	1.  The applicant is not indigent for costs.
732	2.  The applicant is indigent for costs.
733	(d)  The provision of due-process services based upon a
734	determination that a person is indigent for costs under this
735	subsection must be effectuated pursuant to a court order, a copy
736	of which the clerk shall provide to counsel representing the
737	person, or to the person directly if he or she is proceeding pro
738	se, for use in requesting payment of due-process expenses
739	through the Justice Administrative Commission. Counsel
740	representing a person declared indigent for costs shall execute
741	the Justice Administrative Commission's contract for counsel
742	representing persons determined to be indigent for costs.
743	(6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
744	parent or legal guardian of an applicant who is a minor or an
745	adult tax-dependent person shall furnish the minor or adult tax-
746	dependent person with the necessary legal services and costs
747	incident to a delinquency proceeding or, upon transfer of such
748	person for criminal prosecution as an adult pursuant to chapter
749	985, a criminal prosecution in which the person has a right to
750	legal counsel under the Constitution of the United States or the
751	Constitution of the State of Florida. The failure of a parent or
752	legal guardian to furnish legal services and costs under this
753	section does not bar the appointment of legal counsel pursuant
754	to this section, s. 27.40, or s. 27.5303. When the public
755	defender, a private court-appointed conflict counsel, or a
756	private attorney is appointed to represent a minor or an adult
757	tax-dependent person in any proceeding in circuit court or in a
758	criminal proceeding in any other court, the parents or the legal
759	guardian shall be liable for payment of the fees, charges, and
760	costs of the representation even if the person is a minor being
761	tried as an adult. Liability for the fees, charges, and costs of
762	the representation shall be imposed in the form of a lien
763	against the property of the nonindigent parents or legal
764	guardian of the minor or adult tax-dependent person. The lien is
765	enforceable as provided in s. 27.561 or s. 938.29.
766	(7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
767	(a)  If the court learns of discrepancies between the
768	application or motion and the actual financial status of the
769	person found to be indigent or indigent for costs, the court
770	shall determine whether the public defender or private attorney
771	shall continue representation or whether the authorization for
772	any other due-process services previously authorized shall be
773	revoked. The person may be heard regarding the information
774	learned by the court. If the court, based on the information,
775	determines that the person is not indigent or indigent for
776	costs, the court shall order the public defender or private
777	attorney to discontinue representation and revoke the provision
778	of any other authorized due-process services.
779	(b)  If the court has reason to believe that any applicant,
780	through fraud or misrepresentation, was improperly determined to
781	be indigent or indigent for costs, the matter shall be referred
782	to the state attorney. Twenty-five percent of any amount
783	recovered by the state attorney as reasonable value of the
784	services rendered, including fees, charges, and costs paid by
785	the state on the person's behalf, shall be remitted to the
786	Department of Revenue for deposit into the Grants and Donations
787	Trust Fund within the Justice Administrative Commission.
788	Seventy-five percent of any amount recovered shall be remitted
789	to the Department of Revenue for deposit into the General
790	Revenue Fund.
791	(c)  A person who knowingly provides false information to
792	the clerk or the court in seeking a determination of indigent
793	status under this section commits a misdemeanor of the first
794	degree, punishable as provided in s. 775.082 or s. 775.083.
795	Section 4.  Subsections (1), (2), and (6) of section
796	27.5304, Florida Statutes, are amended, and subsections (7),
797	(8), (9), and (10) are added to said section, to read:
798	27.5304  Private court-appointed counsel; compensation.--
799	(1)  Private court-appointed counsel shall be compensated
800	by the Justice Administrative Commission in an amount not to
801	exceed the fee limits established in this section. The attorney
802	also shall be reimbursed for reasonable and necessary expenses
803	in accordance with s. 29.007. If the attorney is representing a
804	defendant charged with more than one offense in the same case,
805	the attorney shall be compensated at the rate provided for the
806	most serious offense for which he or she represented the
807	defendant. This section does not allow stacking of the fee
808	limits established by this section. Private court-appointed
809	counsel providing representation under an alternative model
810	shall enter into a uniform contract with the Justice
811	Administrative Commission and shall use the Justice
812	Administrative Commission's uniform procedures and forms in
813	support of billing for attorney's fees, costs, and related
814	expenses. Failure to comply with the terms of the contract for
815	services may result in termination of the contract.
816	(2)  The Justice Administrative Commission shall review an
817	intended billing by private court-appointed counsel for
818	attorney's fees based on a flat fee per case for completeness
819	and compliance with contractual, statutory, and circuit Article
820	V indigent services committee requirements. The commission may
821	approve the intended bill for a flat fee per case for payment
822	without approval by the court if the intended billing is
823	correct. For all other intended billings, prior to filing a
824	motion for an order approving payment of attorney's fees, costs,
825	or related expenses, the private court-appointed counsel shall
826	deliver a copy of the intended billing, together with supporting
827	affidavits and all other necessary documentation, to the Justice
828	Administrative Commission. The Justice Administrative Commission
829	shall review the billings, affidavit, and documentation for
830	completeness and compliance with contractual and statutory
831	requirements. If the Justice Administrative Commission objects
832	to any portion of the proposed billing, the objection and
833	reasons therefor shall be communicated to the private court-
834	appointed counsel. The private court-appointed counsel may
835	thereafter file his or her motion for order approving payment of
836	attorney's fees, costs, or related expenses together with
837	supporting affidavits and all other necessary documentation. The
838	motion must specify whether the Justice Administrative
839	Commission objects to any portion of the billing or the
840	sufficiency of documentation and shall attach the Justice
841	Administrative Commission's letter stating its objection. The
842	attorney shall have the burden to prove the entitlement to
843	attorney's fees, costs, or related expenses, if so, the reasons
844	therefor. A copy of the motion and attachments shall be served
845	on the Justice Administrative Commission at least 5 business
846	days prior to the date of a hearing. The Justice Administrative
847	Commission shall have standing to appear before the court to
848	contest any motion for order approving payment of attorney's
849	fees, costs, or related expenses and may participate in a
850	hearing on the motion by use of telephonic or other
851	communication equipment unless ordered otherwise. The Justice
852	Administrative Commission may contract with other public or
853	private entities or individuals to appear before the court for
854	the purpose of contesting any motion for order approving payment
855	of attorney's fees, costs, or related expenses. The fact that
856	the Justice Administrative Commission has not objected to any
857	portion of the billing or to the sufficiency of the
858	documentation is not binding on the court. The court retains
859	primary authority and responsibility for determining the
860	reasonableness of all billings for attorney's fees, costs, and
861	related expenses, subject to statutory limitations. Private
862	court-appointed counsel is entitled to compensation upon final
863	disposition of a case, except as provided in subsections (7),
864	(8), and (10). Before final disposition of a case, a private
865	court-appointed counsel may file a motion for fees, costs, and
866	related expenses for services completed up to the date of the
867	motion in any case or matter in which legal services have been
868	provided by the attorney for more than 1 year. The amount
869	approved by the court may not exceed 80 percent of the fees
870	earned, or costs and related expenses incurred, to date, or an
871	amount proportionate to the maximum fees permitted under this
872	section based on legal services provided to date, whichever is
873	less. The court may grant the motion if counsel shows that
874	failure to grant the motion would work a particular hardship
875	upon counsel.
876	(6)  A private attorney appointed in lieu of the public
877	defender to represent an indigent defendant may not reassign or
878	subcontract the case to another attorney or allow another
879	attorney to appear at a critical stage of a case who is not on
880	the registry developed under pursuant to s. 27.40.
881	(7)  Private court-appointed counsel representing a parent
882	in a dependency case that is open may submit a request for
883	payment to the Justice Administrative Commission at the
884	following intervals:
885	(a)  Upon entry of an order of disposition as to the parent
886	being represented.
887	(b)  Upon conclusion of a 12-month permanency review.
888	(c)  Following a judicial review hearing.
889
890	In no case, however, may counsel submit requests under this
891	subsection more than once per quarter, unless the court finds
892	extraordinary circumstances justifying more frequent submission
893	of payment requests.
894	(8)  Private court-appointed counsel representing an
895	individual in an appeal to a district court of appeal or the
896	Supreme Court may submit a request for payment to the Justice
897	Administrative Commission at the following intervals:
898	(a)  Upon the filing of an appellate brief, including, but
899	not limited to, a reply brief.
900	(b)  When the opinion of the appellate court is finalized.
901	(9)  Private court-appointed counsel may not bill for
902	preparation of invoices whether or not the case is paid on the
903	basis of an hourly rate or by flat fee.
904	(10)  The Justice Administrative Commission shall develop a
905	schedule to provide partial payment of criminal attorney fees
906	for cases that are not resolved within 6 months. The schedule
907	must provide that the aggregate payments shall not exceed limits
908	established by law. Any partial payment made pursuant to this
909	subsection shall not exceed the actual value of services
910	provided to date. Any partial payment shall be proportionate to
911	the value of services provided based on payment rates included
912	in the contract, not to exceed any limit provided by law.
913	Section 5.  Subsection (2) of section 27.54, Florida
914	Statutes, is amended to read:
915	27.54  Limitation on payment of expenditures for public
916	defender's office other than by the state.--
917	(2)  A county or municipality may contract with, or
918	appropriate or contribute funds to, the operation of the offices
919	of the various public defenders as provided in this subsection.
920	A public defender defending violations of special laws or county
921	or municipal ordinances punishable by incarceration and not
922	ancillary to a state charge shall contract with counties and
923	municipalities to recover the full cost of services rendered on
924	an hourly basis or reimburse the state for the full cost of
925	assigning one or more full-time equivalent attorney positions to
926	work on behalf of the county or municipality. Notwithstanding
927	any other provision of law, in the case of a county with a
928	population of less than 75,000, the public defender shall
929	contract for full reimbursement, or for reimbursement as the
930	parties otherwise agree. In local ordinance violation cases, the
931	county or municipality shall pay for due-process services that
932	are approved by the court, including deposition costs,
933	deposition transcript costs, investigative costs, witness fees,
934	expert witness costs, and interpreter costs. The person charged
935	with the violation shall be assessed a fee for the services of a
936	public defender and other costs and fees paid by the county or
937	municipality, which assessed fee may be reduced to a lien, in
938	all instances in which the person enters a plea of guilty or no
939	contest or is found to be in violation or guilty of any count or
940	lesser included offense of the charge or companion case charges,
941	regardless of adjudication. The court shall determine the amount
942	of the obligation. The county or municipality may recover
943	assessed fees through collections court or as otherwise
944	permitted by law and any fees recovered pursuant to this section
945	shall be forwarded to the applicable county or municipality as
946	reimbursement.
947	(a)  A contract for reimbursement on an hourly basis shall
948	require a county or municipality to reimburse the public
949	defender for services rendered at a rate of $50 per hour. If an
950	hourly rate is specified in the General Appropriations Act, that
951	rate shall control.
952	(b)  A contract for assigning one or more full-time
953	equivalent attorney positions to perform work on behalf of the
954	county or municipality shall assign one or more full-time
955	equivalent positions based on estimates by the public defender
956	of the number of hours required to handle the projected
957	workload. The full cost of each full-time equivalent attorney
958	position on an annual basis shall be $50, or the amount
959	specified in the General Appropriations Act, multiplied by the
960	legislative budget request standard for available work hours for
961	one full-time equivalent attorney position, or, in the absence
962	of that standard, 1,854 hours. The contract may provide for
963	funding full-time equivalent positions in one-quarter
964	increments.
965	(c)  Any payments received pursuant to this subsection
966	shall be deposited into the Grants and Donations Trust Fund
967	within the Justice Administrative Commission for appropriation
968	by the Legislature.
969	Section 6.  Section 28.24, Florida Statutes, is amended to
970	read:
971	28.24  Service charges by clerk of the circuit court.--The
972	clerk of the circuit court shall may charge for services
973	rendered by the clerk's office in recording documents and
974	instruments and in performing the duties enumerated in amounts
975	not to exceed those specified in this section. Notwithstanding
976	any other provision of this section, the clerk of the circuit
977	court shall provide without charge to the state attorney, public
978	defender, and guardian ad litem, public guardian, attorney ad
979	litem, and court-appointed counsel paid by the state, and to the
980	authorized staff acting on behalf of each, access to and a copy
981	of any public record, if the requesting party is entitled by law
982	to view the exempt or confidential record, as maintained by and
983	in the custody of the clerk of the circuit court as provided in
984	general law and the Florida Rules of Judicial Administration.
985	The clerk of the circuit court may provide the requested public
986	record in an electronic format in lieu of a paper format when
987	capable of being accessed by the requesting entity.
988
989	Charges
990	(1)  For examining, comparing, correcting, verifying, and
991	certifying transcripts of record in appellate proceedings,
992	prepared by attorney for appellant or someone else other than
993	clerk per page....4.50
994	(2)  For preparing, numbering, and indexing an original
995	record of appellate proceedings, per instrument....3.00
996	(3)  For certifying copies of any instrument in the public
997	records....1.50
998	(4)  For verifying any instrument presented for
999	certification prepared by someone other than clerk, per
1000	page....3.00
1001	(5)(a)  For making copies by photographic process of any
1002	instrument in the public records consisting of pages of not more
1003	than 14 inches by 81/2 inches, per page....1.00
1004	(b)  For making copies by photographic process of any
1005	instrument in the public records of more than 14 inches by 81/2
1006	inches, per page....5.00
1007	(6)  For making microfilm copies of any public records:
1008	(a)  16 mm 100' microfilm roll....37.50
1009	(b)  35 mm 100' microfilm roll....52.50
1010	(c)  Microfiche, per fiche....3.00
1011	(7)  For copying any instrument in the public records by
1012	other than photographic process, per page....6.00
1013	(8)  For writing any paper other than herein specifically
1014	mentioned, same as for copying, including signing and
1015	sealing....6.00
1016	(9)  For indexing each entry not recorded....1.00
1017	(10)  For receiving money into the registry of court:
1018	(a)1.  First $500, percent....3
1019	2.  Each subsequent $100, percent....1.5
1020	(b)  Eminent domain actions, per deposit....$150.00
1021	(11)  For examining, certifying, and recording plats and
1022	for recording condominium exhibits larger than 14 inches by 81/2
1023	inches:
1024	(a)  First page....30.00
1025	(b)  Each additional page....15.00
1026	(12)  For recording, indexing, and filing any instrument
1027	not more than 14 inches by 81/2 inches, including required
1028	notice to property appraiser where applicable:
1029	(a)  First page or fraction thereof....5.00
1030	(b)  Each additional page or fraction thereof....4.00
1031	(c)  For indexing instruments recorded in the official
1032	records which contain more than four names, per additional
1033	name....1.00
1034	(d)  An additional service charge shall be paid to the
1035	clerk of the circuit court to be deposited in the Public Records
1036	Modernization Trust Fund for each instrument listed in s.
1037	28.222, except judgments received from the courts and notices of
1038	lis pendens, recorded in the official records:
1039	1.  First page....1.00
1040	2.  Each additional page....0.50
1041
1042	Said fund shall be held in trust by the clerk and used
1043	exclusively for equipment and maintenance of equipment,
1044	personnel training, and technical assistance in modernizing the
1045	public records system of the office. In a county where the duty
1046	of maintaining official records exists in an office other than
1047	the office of the clerk of the circuit court, the clerk of the
1048	circuit court is entitled to 25 percent of the moneys deposited
1049	into the trust fund for equipment, maintenance of equipment,
1050	training, and technical assistance in modernizing the system for
1051	storing records in the office of the clerk of the circuit court.
1052	The fund may not be used for the payment of travel expenses,
1053	membership dues, bank charges, staff-recruitment costs, salaries
1054	or benefits of employees, construction costs, general operating
1055	expenses, or other costs not directly related to obtaining and
1056	maintaining equipment for public records systems or for the
1057	purchase of furniture or office supplies and equipment not
1058	related to the storage of records. On or before December 1,
1059	1995, and on or before December 1 of each year immediately
1060	preceding each year during which the trust fund is scheduled for
1061	legislative review under s. 19(f)(2), Art. III of the State
1062	Constitution, each clerk of the circuit court shall file a
1063	report on the Public Records Modernization Trust Fund with the
1064	President of the Senate and the Speaker of the House of
1065	Representatives. The report must itemize each expenditure made
1066	from the trust fund since the last report was filed; each
1067	obligation payable from the trust fund on that date; and the
1068	percentage of funds expended for each of the following:
1069	equipment, maintenance of equipment, personnel training, and
1070	technical assistance. The report must indicate the nature of the
1071	system each clerk uses to store, maintain, and retrieve public
1072	records and the degree to which the system has been upgraded
1073	since the creation of the trust fund.
1074	(e)  An additional service charge of $4 per page shall be
1075	paid to the clerk of the circuit court for each instrument
1076	listed in s. 28.222, except judgments received from the courts
1077	and notices of lis pendens, recorded in the official records.
1078	From the additional $4 service charge collected:
1079	1.  If the counties maintain legal responsibility for the
1080	costs of the court-related technology needs as defined in s.
1081	29.008(1)(f)2. and (h), 10 cents shall be distributed to the
1082	Florida Association of Court Clerks and Comptroller, Inc., for
1083	the cost of development, implementation, operation, and
1084	maintenance of the clerks' Comprehensive Case Information
1085	System, in which system all clerks shall participate on or
1086	before January 1, 2006; $1.90 shall be retained by the clerk to
1087	be deposited in the Public Records Modernization Trust Fund and
1088	used exclusively for funding court-related technology needs of
1089	the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
1090	be distributed to the board of county commissioners to be used
1091	exclusively to fund court-related technology, and court
1092	technology needs as defined in s. 29.008(1)(f)2. and (h) for the
1093	state trial courts, state attorney, and public defender in that
1094	county. If the counties maintain legal responsibility for the
1095	costs of the court-related technology needs as defined in s.
1096	29.008(1)(f)2. and (h), notwithstanding any other provision of
1097	law, the county is not required to provide additional funding
1098	beyond that provided herein for the court-related technology
1099	needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
1100	court records and official records are the property of the State
1101	of Florida, including any records generated as part of the
1102	Comprehensive Case Information System funded pursuant to this
1103	paragraph and the clerk of court is designated as the custodian
1104	of such records, except in a county where the duty of
1105	maintaining official records exists in a county office other
1106	than the clerk of court or comptroller, such county office is
1107	designated the custodian of all official records, and the clerk
1108	of court is designated the custodian of all court records. The
1109	clerk of court or any entity acting on behalf of the clerk of
1110	court, including an association, shall not charge a fee to any
1111	agency as defined in s. 119.011, the Legislature, or the State
1112	Court System for copies of records generated by the
1113	Comprehensive Case Information System or held by the clerk of
1114	court or any entity acting on behalf of the clerk of court,
1115	including an association.
1116	2.  If the state becomes legally responsible for the costs
1117	of court-related technology needs as defined in s.
1118	29.008(1)(f)2. and (h), whether by operation of general law or
1119	by court order, $4 shall be remitted to the Department of
1120	Revenue for deposit into the General Revenue Fund.
1121	(13)  Oath, administering, attesting, and sealing, not
1122	otherwise provided for herein....3.00
1123	(14)  For validating certificates, any authorized bonds,
1124	each....3.00
1125	(15)  For preparing affidavit of domicile....5.00
1126	(16)  For exemplified certificates, including signing and
1127	sealing....6.00
1128	(17)  For authenticated certificates, including signing and
1129	sealing....6.00
1130	(18)(a)  For issuing and filing a subpoena for a witness,
1131	not otherwise provided for herein (includes writing, preparing,
1132	signing, and sealing)....6.00
1133	(b)  For signing and sealing only....1.50
1134	(19)  For approving bond....7.50
1135	(20)  For searching of records, for each year's
1136	search....1.50
1137	(21)  For processing an application for a tax deed sale
1138	(includes application, sale, issuance, and preparation of tax
1139	deed, and disbursement of proceeds of sale), other than excess
1140	proceeds....60.00
1141	(22)  For disbursement of excess proceeds of tax deed sale,
1142	first $100 or fraction thereof....10.00
1143	(23)  Upon receipt of an application for a marriage
1144	license, for preparing and administering of oath; issuing,
1145	sealing, and recording of the marriage license; and providing a
1146	certified copy....30.00
1147	(24)  For solemnizing matrimony....30.00
1148	(25)  For sealing any court file or expungement of any
1149	record....37.50
1150	(26)(a)  For receiving and disbursing all restitution
1151	payments, per payment....3.00
1152	(b)  For receiving and disbursing all partial payments,
1153	other than restitution payments, for which an administrative
1154	processing service charge is not imposed pursuant to s. 28.246,
1155	per month....5.00
1156	(c)  For setting up a payment plan, a one-time
1157	administrative processing charge in lieu of a per month charge
1158	under paragraph (b)....25.00
1159	(27)  Postal charges incurred by the clerk of the circuit
1160	court in any mailing by certified or registered mail shall be
1161	paid by the party at whose instance the mailing is made.
1162	(28)  For furnishing an electronic copy of information
1163	contained in a computer database: a fee as provided for in
1164	chapter 119.
1165	Section 7.  Effective upon this act becoming a law,
1166	paragraph (a) of subsection (1) and subsection (2) of section
1167	28.2402, Florida Statutes, are amended to read:
1168	28.2402  Cost recovery; use of the circuit court for
1169	ordinance or special law violations.--
1170	(1)(a)  In lieu of payment of a filing fee under s. 28.241,
1171	a filing fee of $10 shall be paid by a county or municipality
1172	when filing a county or municipal ordinance violation or
1173	violation of a special law in circuit court. This fee shall be
1174	paid to the clerk of the court for performing court-related
1175	functions. A county or municipality is not required to pay more
1176	than one filing fee for a single filing against a single
1177	defendant that contains multiple alleged violations. A filing
1178	fee, other than that imposed under this section, may not be
1179	assessed for initiating an enforcement proceeding in circuit
1180	court for a violation of a county or municipal code or ordinance
1181	or a violation of a special law. The filing fee shall not apply
1182	to instances in which a county or municipality has contracted
1183	with the state, or has been delegated by the state,
1184	responsibility for enforcing state operations, policies, or
1185	requirements under s. 125.69, s. 166.0415, or chapter 162.
1186	(2)  To offset costs incurred by the clerks of the court in
1187	performing court-related functions associated with the
1188	processing of violations of special laws and municipal
1189	ordinances, 10 percent of the total amount of fines paid to each
1190	municipality for special law or ordinance violations filed in
1191	circuit court shall be retained by the clerk of the court for
1192	deposit into the clerk's fine and forfeiture fund established
1193	pursuant to s. 142.01, except for fines a portion of which the
1194	clerk of the court retains pursuant to any other provision of
1195	state law. A municipality does not include the unincorporated
1196	areas, if any, of a government created pursuant to s. 6(e), Art.
1197	VIII of the State Constitution.
1198	Section 8.  Section 28.245, Florida Statutes, is amended to
1199	read:
1200	28.245  Transmittal of funds to Department of Revenue;
1201	uniform remittance form required.--Notwithstanding any other
1202	provision of law, all moneys collected by the clerks of the
1203	court as part of the clerk's court-related functions for
1204	subsequent distribution to any state entity must be transmitted
1205	electronically, by the 20th day of the month immediately
1206	following the month in which the moneys are collected, to the
1207	Department of Revenue for appropriate distribution. A uniform
1208	remittance form provided by the Department of Revenue detailing
1209	the specific amounts due each fund must accompany such
1210	submittal. All moneys collected by the clerks of court for
1211	remittance to any entity must be distributed pursuant to the law
1212	in effect at the time of collection.
1213	Section 9.  Subsections (1) and (4) of section 28.246,
1214	Florida Statutes, are amended to read:
1215	28.246  Payment of court-related fees, charges, and costs;
1216	partial payments; distribution of funds.--
1217	(1)  Beginning July 1, 2003, the clerk of the circuit court
1218	shall report the following information to the Legislature and
1219	the Florida Clerks Clerk of Court Operations Corporation
1220	Conference on a form developed by the Department of Financial
1221	Services:
1222	(a)  The total amount of mandatory fees, service charges,
1223	and costs; the total amount actually assessed; the total amount
1224	discharged, waived, or otherwise not assessed; and the total
1225	amount collected.
1226	(b)  The amount of discretionary fees, service charges, and
1227	costs assessed; the total amount discharged; and the total
1228	amount collected.
1229	(c)  The total amount of mandatory fines and other monetary
1230	penalties; the total amount assessed; the total amount
1231	discharged, waived, or otherwise not assessed; and the total
1232	amount collected.
1233	(d)  The amount of discretionary fines and other monetary
1234	penalties assessed; the amount discharged; and the total amount
1235	collected.
1236
1237	If provided to the clerk of court by the judge, the clerk, in
1238	reporting the amount assessed, shall separately identify the
1239	amount assessed pursuant to s. 938.30 as community service;
1240	assessed by reducing the amount to a judgment or lien; satisfied
1241	by time served; or other. The form developed by the Chief
1242	Financial Officer shall include separate entries for recording
1243	these amounts. The clerk shall submit the report on a quarterly
1244	basis 30 days after the end of the quarter for the period from
1245	July 1, 2003, through June 30, 2004, and on an annual basis
1246	thereafter, 60 days after the end of the county fiscal year.
1247	(4)  The clerk of the circuit court shall accept partial
1248	payments for court-related fees, service charges, costs, and
1249	fines in accordance with the terms of an established payment
1250	plan. An individual seeking to defer payment of fees, service
1251	charges, costs, or fines imposed by operation of law or order of
1252	the court under any provision of general law shall apply to the
1253	clerk for enrollment in a payment plan. The clerk shall enter
1254	into a payment plan with an individual who the court determines
1255	is indigent for costs. A monthly payment amount, calculated
1256	based upon all fees and all anticipated costs, is presumed to
1257	correspond to the person's ability to pay if the amount does not
1258	exceed 2 percent of the person's annual net income, as defined
1259	in 27.52(1), divided by 12. The court may review the
1260	reasonableness of the payment plan, and determined by the court
1261	to be unable to make payment in full, shall be enrolled by the
1262	clerk in a payment program, with periodic payment amounts
1263	corresponding to the individual's ability to pay.
1264	Section 10.  Section 28.345, Florida Statutes, is amended
1265	to read:
1266	28.345  Exemption from court-related fees and
1267	charges.--Notwithstanding any other provision of this chapter or
1268	law to the contrary, judges and those court staff acting on
1269	behalf of judges, state attorneys, guardians ad litem, public
1270	guardians, attorneys ad litem, court-appointed private counsel,
1271	and public defenders, acting in their official capacity, and
1272	state agencies, are exempt from all court-related fees and
1273	charges assessed by the clerks of the circuit courts.
1274	Section 11.  Paragraph (a) of subsection (3) and paragraph
1275	(b) of subsection (4) of section 28.36, Florida Statutes, are
1276	amended, subsection (6) is renumbered as subsection (7), and a
1277	new subsection (6) is added to said section, to read:
1278	28.36  Budget procedure.--There is hereby established a
1279	budget procedure for the court-related functions of the clerks
1280	of the court.
1281	(3)  Each proposed budget shall further conform to the
1282	following requirements:
1283	(a)  On or before August 15 1 for each fiscal year
1284	thereafter, the proposed budget shall be prepared, summarized,
1285	and submitted by the clerk in each county to the Clerks of Court
1286	Operations Corporation in the manner and form prescribed by the
1287	corporation conference. The proposed budget must provide
1288	detailed information on the anticipated revenues available and
1289	expenditures necessary for the performance of the standard list
1290	of court-related functions of the clerk's office developed
1291	pursuant to s. 28.35(4)(a) for the county fiscal year beginning
1292	the following October 1.
1293	(4)  If a clerk of the court estimates that available funds
1294	plus projected revenues from fines, fees, service charges, and
1295	costs for court-related services are insufficient to meet the
1296	anticipated expenditures for the standard list of court-related
1297	functions in s. 28.35(4)(a) performed by his or her office, the
1298	clerk must report the revenue deficit to the Clerks of Court
1299	Operations Corporation in the manner and form prescribed by the
1300	corporation pursuant to contract with the Chief Financial
1301	Officer. The corporation shall verify that the proposed budget
1302	is limited to the standard list of court-related functions in s.
1303	28.35(4)(a).
1304	(b)  If the Chief Financial Officer Department of Revenue
1305	finds the court-related budget proposed by a clerk includes
1306	functions not included in the standard list of court-related
1307	functions in s. 28.35(4)(a) 28.35(3)(a), the Chief Financial
1308	Officer department shall notify the clerk of the amount of the
1309	proposed budget not eligible to be funded from fees, service
1310	charges, costs, and fines for court-related functions and shall
1311	identify appropriate corrective measures to ensure budget
1312	integrity. The clerk shall then immediately discontinue all
1313	ineligible the expenditures of court-related funds for this
1314	purpose and reimburse the Clerks of the Court Trust Fund for any
1315	previously ineligible expenditures made for non-court-related
1316	functions, and shall implement any corrective actions identified
1317	by the Chief Financial Officer incurred to date for these
1318	functions.
1319	(6)  The Legislative Budget Commission may approve
1320	increases to the maximum annual budgets approved for individual
1321	clerks of the court pursuant to s. 28.36 for court related
1322	duties, if either of the following conditions exist:
1323	(a)  The additional funding is necessary to pay the cost of
1324	performing new or additional functions required by changes in
1325	law or court rule. Before the Legislative Budget Commission may
1326	approve an increase in the maximum annual budget of any clerk
1327	under this paragraph, the Clerk of the Court Operations
1328	Corporation must provide the Legislative Budget Commission with
1329	a statement of the impact of the proposed budget changes on
1330	state revenues, and evidence that the respective clerk of the
1331	court is meeting or exceeding the established performance
1332	standards for measures on the fiscal management, operational
1333	efficiency, and effective collection of fines, fees, service
1334	charges, and court costs.
1335	(b)  The additional funding is necessary to pay the cost of
1336	supporting increases in the number of judges or magistrates
1337	authorized by the Legislature. Before the Legislative Budget
1338	Commission may approve an increase in the maximum annual budget
1339	of any clerk under this paragraph, the Clerk of the Court
1340	Operations Corporation must provide the Legislative Budget
1341	Commission with a statement of the impact of the proposed budget
1342	changes on state revenues; evidence that the respective clerk of
1343	the court is meeting or exceeding the established performance
1344	standards for measures on the fiscal management, operational
1345	efficiency, and effective collection of fines, fees, service
1346	charges, and court costs; and a proposed staffing model,
1347	including the cost and number of staff necessary to support each
1348	new judge or magistrate.
1349
1350	The total amount of increases approved by the Legislative Budget
1351	Commission for each county fiscal year shall not exceed an
1352	amount equal to 2 percent of the maximum annual budgets approved
1353	pursuant to s. 28.36 for all clerks, in the aggregate, for that
1354	same county fiscal year.
1355	(7)(6)  The corporation may submit proposed legislation to
1356	the Governor, the President of the Senate, and the Speaker of
1357	the House of Representatives no later than November 1 in any
1358	year for approval of clerk budget request amounts exceeding the
1359	restrictions in this section for the following October 1. If
1360	proposed legislation is recommended, the corporation shall also
1361	submit supporting justification with sufficient detail to
1362	identify the specific proposed expenditures that would cause the
1363	limitations to be exceeded for each affected clerk and the
1364	estimated fiscal impact on state revenues.
1365	Section 12.  Subsection (4) of section 28.37, Florida
1366	Statutes, is amended to read:
1367	28.37  Fines, fees, service charges, and costs remitted to
1368	the state.--
1369	(4)  Beginning January 1, 2005, for the period July 1,
1370	2004, through September 30, 2004, and each January 1 thereafter
1371	for the preceding county fiscal year of October 1 through
1372	September 30, the clerk of the court must remit to the
1373	Department of Revenue for deposit in the General Revenue Fund
1374	the cumulative excess of all fees, service charges, court costs,
1375	and fines retained by the clerks of the court, plus any funds
1376	received by the clerks of the court from the Department of
1377	Revenue Clerk of the Court Trust Fund under s. 28.36(4)(a), over
1378	the amount needed to meet the approved budget amounts
1379	established under s. 28.36.
1380	Section 13.  Section 28.44, Florida Statutes, is created to
1381	read:
1382	28.44  Clerk discontinuance of court-related functions.--
1383	(1)  No function of the clerk of court being performed in
1384	support of the trial courts by the individual clerks of court on
1385	July 1, 2004, may be discontinued or substantially modified on a
1386	unilateral basis except pursuant to this section. A clerk of
1387	court may discontinue performing a function performed in support
1388	of the trial court only if:
1389	(a)  The chief judge of the circuit has consented in
1390	writing to the discontinuance or substantial modification of the
1391	function performed in support of the trial court; or
1392	(b)  The clerk of court has given written notice of the
1393	intention to substantially modify or discontinue a function
1394	performed in support of the trial court at least one year before
1395	the effective date of the discontinuance or substantial
1396	modification of the function.
1397	(2)  "Substantial modification" of a function performed in
1398	support of the trial court means a modification which has the
1399	effect of reducing the level of services provided to the trial
1400	court.
1401	Section 14.  Subsection (6) of section 29.004, Florida
1402	Statutes, is amended to read:
1403	29.004  State courts system.--For purposes of implementing
1404	s. 14, Art. V of the State Constitution, the elements of the
1405	state courts system to be provided from state revenues
1406	appropriated by general law are as follows:
1407	(6)  Expert witnesses who not requested by any party which
1408	are appointed by the court pursuant to an express grant of
1409	statutory authority.
1410	Section 15.  Subsections (4), (5), (6), (7), and (8) of
1411	section 29.005, Florida Statutes, are amended to read:
1412	29.005  State attorneys' offices and prosecution
1413	expenses.--For purposes of implementing s. 14, Art. V of the
1414	State Constitution, the elements of the state attorneys' offices
1415	to be provided from state revenues appropriated by general law
1416	are as follows:
1417	(4)  Mental health professionals appointed pursuant to s.
1418	394.473 and required in a court hearing involving an indigent,
1419	and mental health professionals appointed pursuant to s.
1420	916.115(2) and required in a court hearing involving an
1421	indigent.
1422	(4)(5)  Reasonable transportation services in the
1423	performance of constitutional and statutory responsibilities.
1424	Motor vehicles owned by the counties and provided exclusively to
1425	state attorneys as of July 1, 2003, and any additional vehicles
1426	owned by the counties and provided exclusively to state
1427	attorneys during fiscal year 2003-2004 shall be transferred by
1428	title to the state effective July 1, 2004.
1429	(5)(6)  Travel expenses reimbursable under s. 112.061
1430	reasonably necessary in the performance of constitutional and
1431	statutory responsibilities.
1432	(6)(7)  Reasonable library and electronic legal research
1433	services, other than a public law library.
1434	(7)(8)  Reasonable pretrial consultation fees and costs.
1435	Section 16.  Section 29.007, Florida Statutes, is amended
1436	to read:
1437	29.007  Court-appointed counsel.--For purposes of
1438	implementing s. 14, Art. V of the State Constitution, the
1439	elements of court-appointed counsel to be provided from state
1440	revenues appropriated by general law are as follows:
1441	(1)  Private attorneys appointed by the court to handle
1442	cases where the defendant is indigent and cannot be represented
1443	by the public defender under ss. 27.42 and 27.53.
1444	(2)  Private attorneys appointed by the court to represent
1445	indigents or other classes of litigants in civil proceedings
1446	requiring court-appointed counsel in accordance with state and
1447	federal constitutional guarantees and federal and state
1448	statutes.
1449	(3)  Reasonable court reporting and transcription services
1450	necessary to meet constitutional or statutory requirements,
1451	including the cost of transcribing and copying depositions of
1452	witnesses and the cost of foreign language and sign-language
1453	interpreters and translators.
1454	(4)  Witnesses, including expert witnesses, summoned to
1455	appear for an investigation, preliminary hearing, or trial in a
1456	case when the witnesses are summoned on behalf of an indigent,
1457	and any other expert witnesses approved by the court.
1458	(5)  Mental health professionals appointed pursuant to s.
1459	394.473 and required in a court hearing involving an indigent,
1460	and mental health professionals appointed pursuant to s.
1461	916.115(2) and required in a court hearing involving an
1462	indigent, and any other mental health professionals required by
1463	law for the full adjudication of any civil case involving an
1464	indigent person.
1465	(6)  Reasonable pretrial consultation fees and costs.
1466	(7)  Travel expenses reimbursable under s. 112.061
1467	reasonably necessary in the performance of constitutional and
1468	statutory responsibilities.
1469
1470	Subsections (3), (4), (5), (6), and (7) apply when court-
1471	appointed counsel is appointed; when the court determines that
1472	the litigant is indigent for costs; or when the litigant is
1473	acting pro se and the court determines that the litigant is
1474	indigent for costs at the trial or appellate level. This section
1475	applies in any situation in which the court appoints counsel to
1476	protect a litigant's due-process rights. The Justice
1477	Administrative Commission shall approve uniform contract forms
1478	for use in processing payments for due process services under
1479	this section. In each case in which a private attorney
1480	represents a person determined by the court to be indigent for
1481	costs, the attorney shall execute the commission's contract for
1482	private attorneys representing persons determined to be indigent
1483	for costs.
1484	Section 17.  Subsection (1) of section 29.008, Florida
1485	Statutes, is amended to read:
1486	29.008  County funding of court-related functions.--
1487	(1)  Counties are required by s. 14, Art. V of the State
1488	Constitution to fund the cost of communications services,
1489	existing radio systems, existing multiagency criminal justice
1490	information systems, and the cost of construction or lease,
1491	maintenance, utilities, and security of facilities for the
1492	circuit and county courts, public defenders' offices, state
1493	attorneys' offices, guardian ad litem offices, and the offices
1494	of the clerks of the circuit and county courts performing court-
1495	related functions. For purposes of this section, the term
1496	"circuit and county courts" shall include the offices and
1497	staffing of the guardian ad litem programs. The county
1498	designated under s. 35.05(1) as the headquarters for each
1499	appellate district shall fund these costs for the appellate
1500	division of the public defender's office in that county. For
1501	purposes of implementing these requirements, the term:
1502	(a)  "Facility" means reasonable and necessary buildings
1503	and office space and appurtenant equipment and furnishings,
1504	structures, real estate, easements, and related interests in
1505	real estate, including, but not limited to, those for the
1506	purpose of housing legal materials for use by the general public
1507	and personnel, equipment, or functions of the circuit or county
1508	courts, public defenders' offices, state attorneys' offices, and
1509	court-related functions of the office of the clerks of the
1510	circuit and county courts and all storage. The term "facility"
1511	includes all wiring necessary for court-reporting services. The
1512	term also includes access to parking for such facilities in
1513	connection with such court-related functions that may be
1514	available free or from a private provider or a local government
1515	for a fee. The office space provided by a county may not be less
1516	than the standards for space allotment adopted by the Department
1517	of Management Services, except this requirement applies only to
1518	facilities that are leased, or on which construction commences,
1519	after June 30, 2003. County funding must include physical
1520	modifications and improvements to all facilities as are required
1521	for compliance with the Americans with Disabilities Act. Upon
1522	mutual agreement of a county and the affected entity in this
1523	paragraph, the office space provided by the county may vary from
1524	the standards for space allotment adopted by the Department of
1525	Management Services. This section applies only to facilities
1526	that are leased, or on which construction commences, after June
1527	30, 2003.
1528	1.  As of July 1, 2005, equipment and furnishings shall be
1529	limited to that appropriate and customary for courtrooms,
1530	hearing rooms, jury facilities, and other public areas in
1531	courthouses and any other facility occupied by the courts, state
1532	attorneys, and public defenders. Court-reporting equipment in
1533	these areas or facilities is not a responsibility of the county.
1534	2.  Equipment and furnishings under this paragraph in
1535	existence and owned by counties on July 1, 2005, except for that
1536	in the possession of the clerks, for areas other than
1537	courtrooms, hearing rooms, jury facilities, and other public
1538	areas in courthouses and any other facility occupied by the
1539	courts, state attorneys, and public defenders, shall be
1540	transferred to the state at no charge. This provision does not
1541	apply to any communication services as defined in paragraph (f).
1542	(b)  "Construction or lease" includes, but is not limited
1543	to, all reasonable and necessary costs of the acquisition or
1544	lease of facilities for all judicial officers, staff, jurors,
1545	volunteers of a tenant agency, and the public for the circuit
1546	and county courts, the public defenders' offices, state
1547	attorneys' offices, and for performing the court-related
1548	functions of the offices of the clerks of the circuit and county
1549	courts. This includes expenses related to financing such
1550	facilities and the existing and future cost and bonded
1551	indebtedness associated with placing the facilities in use.
1552	(c)  "Maintenance" includes, but is not limited to, all
1553	reasonable and necessary costs of custodial and groundskeeping
1554	services and renovation and reconstruction as needed to
1555	accommodate functions for the circuit and county courts, the
1556	public defenders' offices, and state attorneys' offices and for
1557	performing the court-related functions of the offices of the
1558	clerks of the circuit and county court and for maintaining the
1559	facilities in a condition appropriate and safe for the use
1560	intended.
1561	(d)  "Utilities" means all electricity services for light,
1562	heat, and power; natural or manufactured gas services for light,
1563	heat, and power; water and wastewater services and systems,
1564	stormwater or runoff services and systems, sewer services and
1565	systems, all costs or fees associated with these services and
1566	systems, and any costs or fees associated with the mitigation of
1567	environmental impacts directly related to the facility.
1568	(e)  "Security" includes but is not limited to, all
1569	reasonable and necessary costs of services of law enforcement
1570	officers or licensed security guards and all electronic,
1571	cellular, or digital monitoring and screening devices necessary
1572	to ensure the safety and security of all persons visiting or
1573	working in a facility; to provide for security of the facility,
1574	including protection of property owned by the county or the
1575	state; and for security of prisoners brought to any facility.
1576	This includes bailiffs while providing courtroom and other
1577	security for each judge and other quasi-judicial officers.
1578	(f)  "Communications services" are defined as any
1579	reasonable and necessary transmission, emission, and reception
1580	of signs, signals, writings, images, and sounds of intelligence
1581	of any nature by wire, radio, optical, audio equipment, or other
1582	electromagnetic systems and includes all facilities and
1583	equipment owned, leased, or used by judges, clerks, public
1584	defenders, state attorneys, and all staff of the state courts
1585	system, state attorneys' offices, public defenders' offices, and
1586	clerks of the circuit and county courts performing court-related
1587	functions. Such system or services shall include, but not be
1588	limited to:
1589	1.  Telephone system infrastructure, including computer
1590	lines, telephone switching equipment, and maintenance, and
1591	facsimile equipment, wireless communications, cellular
1592	telephones, pagers, and video teleconferencing equipment and
1593	line charges. Each county shall continue to provide access to a
1594	local carrier for local and long distance service and shall pay
1595	toll charges for local and long distance service.
1596	2.  All computer networks, systems and equipment, including
1597	computer hardware and software, modems, printers, wiring,
1598	network connections, maintenance, support staff or services
1599	including any county-funded support staff located in the offices
1600	of the circuit court, county courts, state attorneys, and public
1601	defenders, training, supplies, and line charges necessary for an
1602	integrated computer system to support the operations and
1603	management of the state courts system, the offices of the public
1604	defenders, the offices of the state attorneys, and the offices
1605	of the clerks of the circuit and county courts and the
1606	capability to connect those entities and reporting data to the
1607	state as required for the transmission of revenue, performance
1608	accountability, case management, data collection, budgeting, and
1609	auditing purposes. The integrated computer system shall be
1610	operational by July 1, 2006, and, at a minimum, permit the
1611	exchange of financial, performance accountability, case
1612	management, case disposition, and other data across multiple
1613	state and county information systems involving multiple users at
1614	both the state level and within each judicial circuit and be
1615	able to electronically exchange judicial case background data,
1616	sentencing scoresheets, and video evidence information stored in
1617	integrated case management systems over secure networks. Once
1618	the integrated system becomes operational, counties may reject
1619	requests to purchase communication services included in this
1620	subparagraph not in compliance with standards, protocols, or
1621	processes adopted by the board established pursuant to s.
1622	29.0086.
1623	3.  Courier messenger and subpoena services.
1624	4.  Auxiliary aids and services for qualified individuals
1625	with a disability which are necessary to ensure access to the
1626	courts. Such auxiliary aids and services include, but are not
1627	limited to, sign language interpretation services required under
1628	the federal Americans with Disabilities Act other than services
1629	required to satisfy due-process due process requirements and
1630	identified as a state funding responsibility pursuant to ss.
1631	29.004, 29.005, 29.006, and 29.007, real-time transcription
1632	services for individuals who are hearing impaired, and assistive
1633	listening devices and the equipment necessary to implement such
1634	accommodations.
1635	(g)  "Existing radio systems" includes, but is not limited
1636	to, law enforcement radio systems that are used by the circuit
1637	and county courts, the offices of the public defenders, the
1638	offices of the state attorneys, and for court-related functions
1639	of the offices of the clerks of the circuit and county courts.
1640	This includes radio systems that were operational or under
1641	contract at the time Revision No. 7, 1998, to Art. V of the
1642	State Constitution was adopted and any enhancements made
1643	thereafter, the maintenance of those systems, and the personnel
1644	and supplies necessary for operation.
1645	(h)  "Existing multiagency criminal justice information
1646	systems" includes, but is not limited to, those components of
1647	the multiagency criminal justice information system as defined
1648	in s. 943.045, supporting the offices of the circuit or county
1649	courts, the public defenders' offices, the state attorneys'
1650	offices, or those portions of the offices of the clerks of the
1651	circuit and county courts performing court-related functions
1652	that are used to carry out the court-related activities of those
1653	entities. This includes upgrades and maintenance of the current
1654	equipment, maintenance and upgrades of supporting technology
1655	infrastructure and associated staff, and services and expenses
1656	to assure continued information sharing and reporting of
1657	information to the state. The counties shall also provide
1658	additional information technology services, hardware, and
1659	software as needed for new judges and staff of the state courts
1660	system, state attorneys' offices, public defenders' offices, and
1661	the offices of the clerks of the circuit and county courts
1662	performing court-related functions.
1663	Section 18.  Section 29.0081, Florida Statutes, is
1664	created to read:
1665	29.0081  County funding of additional court
1666	personnel.--
1667	(1)  A county and the chief judge of a judicial circuit
1668	that includes that county may enter into an agreement under
1669	which the county funds personnel positions to assist in the
1670	operation of the circuit.
1671	(2)  The agreement shall, at a minimum, provide that:
1672	(a)  Funding for the positions is provided on at least
1673	a court fiscal-year basis.
1674	(b)  The personnel whose employment is funded under the
1675	agreement are employees of the judicial circuit and are hired,
1676	supervised, managed, and fired by personnel of the judicial
1677	circuit.
1678	(c)  The positions terminate upon the expiration of, or
1679	substantial breach of, the agreement or upon the expiration of
1680	county funding for the positions.
1681	(3)  Positions funded under this section shall be
1682	full-time equivalent positions of the judicial circuit but
1683	shall not count against any formula or similar process used by
1684	the Office of the State Courts Administrator to determine
1685	personnel needs or levels of a judicial circuit.
1686	(4)  Nothing in this section obligates the state to
1687	fund any personnel positions.
1688	Section 19.  Subsection (2) of section 29.015, Florida
1689	Statutes, is amended to read:
1690	29.015  Contingency fund; limitation of authority to
1691	transfer funds in contracted due process services appropriation
1692	categories.--
1693	(2)  In the event that a state attorney or public defender
1694	incurs a deficit in a contracted due process services
1695	appropriation category, the following steps shall be taken in
1696	order:
1697	(a)  The state attorney or public defender shall first
1698	attempt to identify surplus funds from other appropriation
1699	categories within his or her office and submit a budget
1700	amendment pursuant to chapter 216 to transfer funds from within
1701	the office.
1702	(b)  In the event that the state attorney or public
1703	defender is unable to identify surplus funds from within his or
1704	her office, he or she shall certify this to the Justice
1705	Administrative Commission along with a complete explanation of
1706	the circumstances which led to the deficit and steps the office
1707	has taken to reduce or alleviate the deficit. The Justice
1708	Administrative Commission shall inquire as to whether any other
1709	office has surplus funds in its contracted due process services
1710	appropriation categories which can be transferred to the office
1711	that is experiencing the deficit. If other offices indicate that
1712	surplus funds are available within the same appropriation
1713	category, the Justice Administrative Commission shall transfer
1714	the amount needed to fund the deficit and notify the Governor
1715	and the chair and vice chair of the Legislative Budget
1716	Commission 14 days prior to a transfer pursuant to the notice,
1717	review, and objection provisions of s. 216.177. If funds
1718	appropriated for this purpose are available in a different
1719	budget entity, the Justice Administrative Commission shall
1720	request a budget amendment pursuant to chapter 216 request a
1721	budget amendment to transfer funds from the office or offices to
1722	alleviate the deficit upon agreement of the contributing office
1723	or offices.
1724	(c)  If no office indicates that surplus funds are
1725	available to alleviate the deficit, the Justice Administrative
1726	Commission may request a budget amendment to transfer funds from
1727	the contingency fund. Such transfers shall be in accordance with
1728	all applicable provisions of chapter 216 and shall be subject to
1729	review and approval by the Legislative Budget Commission. The
1730	Justice Administrative Commission shall submit the documentation
1731	provided by the office explaining the circumstances that led to
1732	the deficit and the steps taken by the office and the Justice
1733	Administrative Commission to identify surplus funds to the
1734	Legislative Budget Commission.
1735	Section 20.  Section 29.018, Florida Statutes, is amended
1736	to read:
1737	29.018  Cost sharing of due-process services due process
1738	costs; legislative intent.--It is the intent of the Legislature
1739	to provide state-funded due-process due process services to the
1740	state courts system, state attorneys, public defenders, and
1741	court-appointed counsel in the most cost-effective and efficient
1742	manner. The state courts system, state attorneys, public
1743	defenders, and the Justice Administrative Commission on behalf
1744	of court-appointed counsel may enter into contractual agreements
1745	to share, on a pro rata basis, the costs associated with court
1746	reporting services, court interpreter and translation services,
1747	court experts, and all other due-process due process services
1748	funded by the state pursuant to this chapter. These costs shall
1749	be budgeted within the funds appropriated to each of the
1750	affected users of services.
1751	Section 21.  Section 29.0185, Florida Statutes, is created
1752	to read:
1753	29.0185  Provision of state-funded due-process services to
1754	individuals.--Due-process services may not be provided with
1755	state revenues to an individual unless the individual on whose
1756	behalf the due-process services are being provided is eligible
1757	for court-appointed counsel under s. 27.40, based upon a
1758	determination of indigency under s. 27.52, regardless of whether
1759	such counsel is appointed or the individual on whose behalf the
1760	due process services are being provided is eligible for court-
1761	appointed counsel under s. 27.40 and has been determined
1762	indigent for costs pursuant to s. 27.52.
1763	Section 22.  Subsection (1) of section 34.045, Florida
1764	Statutes, is amended to read:
1765	34.045  Cost recovery; use of the county court for
1766	ordinance or special law violations.--
1767	(1)(a)  In lieu of payment of a filing fee under s. 34.041,
1768	a filing fee of $10 shall be paid by a county or municipality
1769	when filing a violation of a county or municipal ordinance or a
1770	violation of a special law in county court. This fee shall be
1771	paid to the clerk of the court for performing court-related
1772	functions. A county or municipality is not required to pay more
1773	than one filing fee for a single filing against a single
1774	defendant that contains multiple alleged violations. A filing
1775	fee, other than that imposed under this section, may not be
1776	assessed for initiating an enforcement proceeding in county
1777	court for a violation of a county or municipal code or ordinance
1778	or a violation of a special law. The filing fee shall not apply
1779	to instances in which a county or municipality has contracted
1780	with the state, or has been delegated by the state,
1781	responsibility for enforcing state operations, policies, or
1782	requirements under s. 125.69, s. 166.0415, or chapter 162.
1783	(b)  No other filing fee may be assessed for filing the
1784	violation in county court. If a person contests the violation in
1785	court, the court shall assess $40 in costs against the
1786	nonprevailing party. The county or municipality shall be
1787	considered the prevailing party when there is a plea or finding
1788	of violation or guilt to any count or lesser included offense of
1789	the charge or companion case charges, regardless of
1790	adjudication. Costs Cost recovered pursuant to this paragraph
1791	shall be deposited into the clerk's fine and forfeiture fund
1792	established pursuant to s. 142.01.
1793	(c)  If the person does not contest the violation in court
1794	or if the county or municipality is the prevailing party, the
1795	court shall assess the person or nonprevailing party $10 for the
1796	filing fee provided in paragraph (a), which amount shall be
1797	forwarded to the county or municipality.
1798	Section 23.  Effective upon this act becoming a law,
1799	section 34.191, Florida Statutes, is amended to read:
1800	34.191  Fines and forfeitures; dispositions.--
1801	(1)  All fines and forfeitures arising from offenses tried
1802	in the county court shall be collected and accounted for by the
1803	clerk of the court and, other than the charge provided in s.
1804	318.1215, disbursed in accordance with ss. 28.2402, 34.045,
1805	142.01, and 142.03 142.13 and subject to the provisions of s.
1806	28.246(5) and (6). Notwithstanding the provisions of this
1807	section, all fines and forfeitures arising from operation of the
1808	provisions of s. 318.1215 shall be disbursed in accordance with
1809	that section.
1810	(2)  All fines and forfeitures received from violations of
1811	municipal ordinances committed within a municipality within the
1812	territorial jurisdiction of the county court, other than the
1813	charge provided in s. 318.1215, shall be paid monthly to the
1814	municipality except as provided in s. 28.2402(2), s. 34.045(2),
1815	s. 318.21, or s. 943.25. A municipality does not include the
1816	unincorporated areas, if any, of a government created pursuant
1817	to s. 6(e), Art. VIII of the State Constitution.
1818	(3)  All other fines and forfeitures collected by the
1819	clerk, other than the charge provided in s. 318.1215, shall be
1820	considered income of the office of the clerk for use in
1821	performing court-related duties of the office.
1822	Section 24.  Subsection (3) of section 39.0132, Florida
1823	Statutes, is amended to read:
1824	39.0132  Oaths, records, and confidential information.--
1825	(3)  The clerk shall keep all court records required by
1826	this chapter separate from other records of the circuit court.
1827	All court records required by this chapter shall not be open to
1828	inspection by the public. All records shall be inspected only
1829	upon order of the court by persons deemed by the court to have a
1830	proper interest therein, except that, subject to the provisions
1831	of s. 63.162, a child and the parents of the child and their
1832	attorneys, guardian ad litem, law enforcement agencies, and the
1833	department and its designees shall always have the right to
1834	inspect and copy any official record pertaining to the child.
1835	The Justice Administrative Commission may inspect court dockets
1836	required by this chapter as necessary to audit compensation of
1837	court-appointed attorneys. If the docket is insufficient for
1838	purposes of the audit, the commission may petition the court for
1839	additional documentation as necessary and appropriate. The court
1840	may permit authorized representatives of recognized
1841	organizations compiling statistics for proper purposes to
1842	inspect and make abstracts from official records, under whatever
1843	conditions upon their use and disposition the court may deem
1844	proper, and may punish by contempt proceedings any violation of
1845	those conditions.
1846	Section 25.  Subsection (1) of section 39.821, Florida
1847	Statutes, is amended to read:
1848	39.821  Qualifications of guardians ad litem.--
1849	(1)  Because of the special trust or responsibility placed
1850	in a guardian ad litem, the Guardian Ad Litem Program may use
1851	any private funds collected by the program, or any state funds
1852	so designated, to conduct a security background investigation
1853	before certifying a volunteer to serve. A security background
1854	investigation must include, but need not be limited to,
1855	employment history checks, checks of references, local criminal
1856	records checks through local law enforcement agencies, and
1857	statewide criminal records checks through the Department of Law
1858	Enforcement. Upon request, an employer shall furnish a copy of
1859	the personnel record for the employee or former employee who is
1860	the subject of a security background investigation conducted
1861	under this section. The information contained in the personnel
1862	record may include, but need not be limited to, disciplinary
1863	matters and the reason why the employee was terminated from
1864	employment. An employer who releases a personnel record for
1865	purposes of a security background investigation is presumed to
1866	have acted in good faith and is not liable for information
1867	contained in the record without a showing that the employer
1868	maliciously falsified the record. A security background
1869	investigation conducted under this section must ensure that a
1870	person is not certified as a guardian ad litem if the person has
1871	been convicted of, regardless of adjudication, or entered a plea
1872	of nolo contendere or guilty to, any offense prohibited under
1873	the provisions of the Florida Statutes specified in s. 435.04(2)
1874	or under any similar law in another jurisdiction. Before
1875	certifying an applicant to serve as a guardian ad litem, the
1876	Guardian Ad Litem Program chief judge of the circuit court may
1877	request a federal criminal records check of the applicant
1878	through the Federal Bureau of Investigation. In analyzing and
1879	evaluating the information obtained in the security background
1880	investigation, the program must give particular emphasis to past
1881	activities involving children, including, but not limited to,
1882	child-related criminal offenses or child abuse. The program has
1883	the sole discretion in determining whether to certify a person
1884	based on his or her security background investigation. The
1885	information collected pursuant to the security background
1886	investigation is confidential and exempt from s. 119.07(1).
1887	Section 26.  Section 39.822, Florida Statutes, is amended
1888	to read:
1889	39.822  Appointment of guardian ad litem for abused,
1890	abandoned, or neglected child.--
1891	(1)  A guardian ad litem shall be appointed by the court at
1892	the earliest possible time to represent the child in any child
1893	abuse, abandonment, or neglect judicial proceeding, whether
1894	civil or criminal. Any person participating in a civil or
1895	criminal judicial proceeding resulting from such appointment
1896	shall be presumed prima facie to be acting in good faith and in
1897	so doing shall be immune from any liability, civil or criminal,
1898	that otherwise might be incurred or imposed.
1899	(2)  In those cases in which the parents are financially
1900	able, the parent or parents of the child shall reimburse the
1901	court, in part or in whole, for the cost of provision of
1902	guardian ad litem services. Reimbursement to the individual
1903	providing guardian ad litem services shall not be contingent
1904	upon successful collection by the court from the parent or
1905	parents.
1906	(3)  Upon presentation by a guardian ad litem of a court
1907	order appointing the guardian ad litem:
1908	(a)  An agency, as defined in chapter 119, shall allow the
1909	guardian ad litem to inspect and copy records related to the
1910	best interests of the child who is the subject of the
1911	appointment, including, but not limited to, records made
1912	confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of
1913	the State Constitution. The guardian ad litem shall maintain the
1914	confidential or exempt status of any records shared by an agency
1915	under this paragraph.
1916	(b)  A person or organization, other than an agency under
1917	paragraph (a), shall allow the guardian ad litem to inspect and
1918	copy any records related to the best interests of the child who
1919	is the subject of the appointment, including, but not limited
1920	to, confidential records.
1921
1922	For the purposes of this subsection, the term "records related
1923	to the best interests of the child" includes, but is not limited
1924	to, medical, mental health, substance abuse, child care,
1925	education, law enforcement, court, social services, and
1926	financial records.
1927	(4)(3)  The guardian ad litem or the program representative
1928	shall review all disposition recommendations and changes in
1929	placements, and must be present at all critical stages of the
1930	dependency proceeding or submit a written report of
1931	recommendations to the court. Written reports must be filed with
1932	the court and served on all parties whose whereabouts are known
1933	at least 72 hours prior to the hearing.
1934	Section 27.  Subsection (1) of section 40.29, Florida
1935	Statutes, is amended to read:
1936	40.29  Payment of due-process due process costs.--
1937	(1)(a)  Each clerk of the circuit court, on behalf of the
1938	courts, the state attorney, court-appointed counsel, and the
1939	public defender, shall forward to the Justice Administrative
1940	Commission, by county, a quarterly estimate of funds necessary
1941	to pay for ordinary witnesses, including, but not limited to,
1942	witnesses in civil traffic cases and witnesses of the state
1943	attorney, public defender, court-appointed counsel, and persons
1944	determined to be indigent for costs except expert witnesses paid
1945	pursuant to a contract or other professional services agreement,
1946	pursuant to ss. 29.005 and 29.006. Each quarter of the state
1947	fiscal year, the commission, based upon the estimates, shall
1948	advance funds to each clerk to pay for these ordinary witnesses
1949	from state funds specifically appropriated for the payment of
1950	ordinary witnesses.
1951	(b)  Each clerk of the circuit court shall forward to the
1952	Office of the State Courts Administrator, by county, a quarterly
1953	estimate of funds necessary to pay juror compensation.
1954	Section 28.  Section 40.355, Florida Statutes, is created
1955	to read:
1956	40.355  Accounting and payment to public defenders and
1957	state attorneys.--The clerk of the court shall, within 2 weeks
1958	after the last day of the state's quarterly fiscal period,
1959	render to the state attorney and the public defender in each
1960	circuit a full statement of accounts for moneys received and
1961	disbursed under this chapter.
1962	Section 29.  Subsections (5) and (6) of  section 43.16,
1963	Florida Statutes, are amended, and subsection (7) is added to
1964	said section, to read:
1965	43.16  Justice Administrative Commission; membership,
1966	powers and duties.--
1967	(5)  The duties of the commission shall include, but not be
1968	limited to, the following:
1969	(a)  The maintenance of a central state office for
1970	administrative services and assistance when possible to and on
1971	behalf of the state attorneys and public defenders of Florida,
1972	the office of capital collateral representative of Florida, and
1973	the Guardian Ad Litem Program Judicial Qualifications
1974	Commission.
1975	(b)  Each state attorney and public defender and the
1976	Guardian Ad Litem Program Judicial Qualifications Commission
1977	shall continue to prepare necessary budgets, vouchers which
1978	represent valid claims for reimbursement by the state for
1979	authorized expenses, and other things incidental to the proper
1980	administrative operation of the office, such as revenue
1981	transmittals to the Chief Financial Officer and automated
1982	systems plans, but will forward same to the commission for
1983	recording and submission to the proper state officer. However,
1984	when requested by a state attorney or a public defender or the
1985	Guardian Ad Litem Program Judicial Qualifications Commission,
1986	the commission will either assist in the preparation of budget
1987	requests, voucher schedules, and other forms and reports or
1988	accomplish the entire project involved.
1989	(6)  The provisions contained in this section shall be
1990	supplemental to those of chapter 27, relating to state attorneys
1991	and public defenders; to those of chapter 39 s. 43.20, relating
1992	to the Guardian Ad Litem Program Judicial Qualifications
1993	Commission; or to other laws pertaining hereto.
1994	(7)  Chapter 120 does not apply to the Justice
1995	Administrative Commission.
1996	Section 30.  Subsection (6) is added to section 43.26,
1997	Florida Statutes, to read:
1998	43.26  Chief judge of circuit; selection; powers.--
1999	(6)  The chief judge of each circuit is charged by s. 2(d),
2000	Art. V of the Florida Constitution and this section with the
2001	authority to promote the prompt and efficient administration of
2002	justice in the courts over which he or she is chief judge. The
2003	clerks of court provide court-related functions which are
2004	essential to the orderly operation of the judicial branch. The
2005	chief judge of each circuit, after consultation with the clerk
2006	of court, shall determine the priority of services provided by
2007	the clerk of court to the trial court. The clerk of court shall
2008	manage the performance of such services in a method or manner
2009	that is consistent with statute, rule, or administrative order.
2010	Section 31.  Paragraph (b) of subsection (4) of section
2011	44.102, Florida Statutes, is amended to read:
2012	44.102  Court-ordered mediation.--
2013	(4)  The chief judge of each judicial circuit shall
2014	maintain a list of mediators who have been certified by the
2015	Supreme Court and who have registered for appointment in that
2016	circuit.
2017	(b)  Nonvolunteer mediators shall be compensated according
2018	to rules adopted by the Supreme Court. If a mediation program is
2019	funded pursuant to s. 44.108, a mediator may be compensated by
2020	the county or by the parties. When a party has been declared
2021	indigent or insolvent, that party's pro rata share of a
2022	mediator's compensation shall be paid by the county at the rate
2023	set by administrative order of the chief judge of the circuit.
2024	Section 32.  Subsection (3) of section 44.103, Florida
2025	Statutes, is amended to read:
2026	44.103  Court-ordered, nonbinding arbitration.--
2027	(3)  Arbitrators shall be selected and compensated in
2028	accordance with rules adopted by the Supreme Court. Arbitrators
2029	shall be compensated by the parties, or, upon a finding by the
2030	court that a party is indigent, an arbitrator may be partially
2031	or fully compensated from state funds according to the party's
2032	present ability to pay. At no time may an arbitrator charge more
2033	than $1,500 per diem, unless the parties agree otherwise. Prior
2034	to approving the use of state funds to reimburse an arbitrator,
2035	the court must ensure that the party reimburses the portion of
2036	the total cost that the party is immediately able to pay and
2037	that the party has agreed to a payment plan established by the
2038	clerk of the court that will fully reimburse the state for the
2039	balance of all state costs for both the arbitrator and any costs
2040	of administering the payment plan and any collection efforts
2041	that may be necessary in the future. Whenever possible,
2042	qualified individuals who have volunteered their time to serve
2043	as arbitrators shall be appointed. If an arbitration program is
2044	funded pursuant to s. 44.108, volunteer arbitrators shall be
2045	entitled to be reimbursed pursuant to s. 112.061 for all actual
2046	expenses necessitated by service as an arbitrator.
2047	Section 33.  Section 44.108, Florida Statutes, is amended
2048	to read:
2049	44.108  Funding of mediation and arbitration.--
2050	(1)  Mediation and arbitration should be accessible to all
2051	parties regardless of financial status. A filing fee of $1 is
2052	levied on all proceedings in the circuit or county courts to
2053	fund mediation and arbitration services which are the
2054	responsibility of the Supreme Court pursuant to the provisions
2055	of s. 44.106. The clerk of the court shall forward the moneys
2056	collected to the Department of Revenue for deposit in the state
2057	courts' Mediation and Arbitration Trust Fund.
2058	(2)  When court-ordered mediation services are provided by
2059	a circuit court's mediation program, the following fees, unless
2060	otherwise established in the General Appropriations Act, shall
2061	be collected by the clerk of court:
2062	(a)  Eighty dollars per person per scheduled session in
2063	family mediation when the parties' combined income is greater
2064	than $50,000, but less than $100,000 per year;
2065	(b)  Forty dollars per person per scheduled session in
2066	family mediation when the parties' combined income is less than
2067	$50,000; or
2068	(c)  Forty dollars per person per scheduled session in
2069	county court cases.
2070
2071	No mediation fees shall be assessed under this subsection in
2072	residential eviction cases, against a party found to be
2073	indigent, or for any small claims action. Fees collected by the
2074	clerk of court pursuant to this section shall be remitted to the
2075	Department of Revenue for deposit into the state courts'
2076	Mediation and Arbitration Trust Fund to fund court-ordered
2077	mediation. The clerk of court may deduct $1 per fee assessment
2078	for processing this fee. The clerk of the court shall submit to
2079	the chief judge of the circuit, no later than 30 days after the
2080	end of each quarter, a report specifying the amount of funds
2081	collected under this section during each quarter of the fiscal
2082	year.
2083	Section 34.  Subsection (1) of section 57.081, Florida
2084	Statutes, is amended to read:
2085	57.081  Costs; right to proceed where prepayment of costs
2086	waived.--
2087	(1)  Any indigent person, except a prisoner as defined in
2088	s. 57.085, who is a party or intervenor in any judicial or
2089	administrative agency proceeding or who initiates such
2090	proceeding shall receive the services of the courts, sheriffs,
2091	and clerks, with respect to such proceedings, despite his or her
2092	present inability to pay for these services. Such services are
2093	limited to filing fees; service of process; certified copies of
2094	orders or final judgments; a single photocopy of any court
2095	pleading, record, or instrument filed with the clerk; examining
2096	fees; mediation services and fees; private court-appointed
2097	counsel fees; subpoena fees and services; service charges for
2098	collecting and disbursing funds; and any other cost or service
2099	arising out of pending litigation. In any appeal from an
2100	administrative agency decision, for which the clerk is
2101	responsible for preparing the transcript, the clerk shall record
2102	the cost of preparing the transcripts and the cost for copies of
2103	any exhibits in the record. Prepayment of costs to any court,
2104	clerk, or sheriff is not required in any action if the party has
2105	obtained in each proceeding a certification of indigence in
2106	accordance with s. 27.52 or s. 57.082.
2107	Section 35.  Section 57.082, Florida Statutes, is created
2108	to read:
2109	57.082  Determination of civil indigent status.--
2110	(1)  APPLICATION TO THE CLERK.--A person seeking
2111	appointment of a private attorney in a civil case eligible for
2112	court-appointed counsel, or seeking relief from prepayment of
2113	fees and costs under s. 57.081, based upon an inability to pay
2114	must apply to the clerk of the court for a determination of
2115	civil indigent status using an application form developed by the
2116	Florida Clerks of Court Operations Corporation with final
2117	approval by the Supreme Court.
2118	(a)  The application must include, at a minimum, the
2119	following financial information:
2120	1.  Net income, consisting of total salary and wages, minus
2121	deductions required by law, including court-ordered support
2122	payments.
2123	2.  Other income, including, but not limited to, social
2124	security benefits, union funds, veterans' benefits, workers'
2125	compensation, other regular support from absent family members,
2126	public or private employee pensions, unemployment compensation,
2127	dividends, interest, rent, trusts, and gifts.
2128	3.  Assets, including, but not limited to, cash, savings
2129	accounts, bank accounts, stocks, bonds, certificates of deposit,
2130	equity in real estate, and equity in a boat or a motor vehicle
2131	or in other tangible property.
2132	4.  All liabilities and debts.
2133
2134	The application must include a signature by the applicant which
2135	attests to the truthfulness of the information provided. The
2136	application form developed by the corporation must include
2137	notice that the applicant may seek court review of a clerk's
2138	determination that the applicant is not indigent, as provided in
2139	this section.
2140	(b)  The clerk shall assist a person who appears before the
2141	clerk and requests assistance in completing the application and
2142	the clerk shall notify the court if a person is unable to
2143	complete the application after the clerk has provided
2144	assistance.
2145	(c)  The clerk shall accept an application that is signed
2146	by the applicant and submitted on his or her behalf by a private
2147	attorney who is representing the applicant in the applicable
2148	matter.
2149	(2)  DETERMINATION BY THE CLERK.--The clerk of the court
2150	shall determine whether an applicant seeking such designation is
2151	indigent based upon the information provided in the application
2152	and the criteria prescribed in this subsection.
2153	(a)1.  An applicant, including an applicant who is a minor
2154	or an adult tax-dependent person, is indigent if the applicant's
2155	income is equal to or below 200 percent of the then-current
2156	federal poverty guidelines prescribed for the size of the
2157	household of the applicant by the United States Department of
2158	Health and Human Services.
2159	2.  There is a presumption that the applicant is not
2160	indigent if the applicant owns, or has equity in, any intangible
2161	or tangible personal property or real property or the expectancy
2162	of an interest in any such property having a net equity value of
2163	$2,500 or more, excluding the value of the person's homestead
2164	and one vehicle having a net value not exceeding $5,000.
2165	(b)  Based upon its review, the clerk shall make one of the
2166	following determinations:
2167	1.  The applicant is not indigent.
2168	2.  The applicant is indigent.
2169	(c)  If the clerk determines that the applicant is
2170	indigent, the clerk shall immediately file the determination in
2171	the case record.
2172	(d)  The duty of the clerk in determining whether an
2173	applicant is indigent is limited to receiving the application
2174	and comparing the information provided in the application to the
2175	criteria prescribed in this subsection. The determination of
2176	indigent status is a ministerial act of the clerk and may not be
2177	based on further investigation or the exercise of independent
2178	judgment by the clerk. The clerk may contract with third parties
2179	to perform functions assigned to the clerk under this section.
2180	(e)  The applicant may seek review of the clerk's
2181	determination that the applicant is not indigent in the court
2182	having jurisdiction over the matter by filing a petition to
2183	review the clerk's determination of nonindigent status for which
2184	a filing fee may not be charged. If the applicant seeks review
2185	of the clerk's determination of indigent status, the court shall
2186	make a final determination as provided in subsection (4).
2187	(3)  APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.--If the
2188	clerk of the court has not made a determination of indigent
2189	status at the time a person requests appointment of a private
2190	attorney in a civil case eligible for court-appointed counsel,
2191	the court shall make a preliminary determination of indigent
2192	status, pending further review by the clerk, and may, by court
2193	order, appoint private counsel on an interim basis.
2194	(4)  REVIEW OF THE CLERK'S DETERMINATION.--
2195	(a)  If the clerk of the court determines that the
2196	applicant is not indigent and the applicant seeks review of the
2197	clerk's determination, the court shall make a final
2198	determination of indigent status by reviewing the information
2199	provided in the application against the criteria prescribed in
2200	subsection (2) and by considering the following additional
2201	factors:
2202	1.  Whether paying for private counsel or other fees and
2203	costs creates a substantial hardship for the applicant or the
2204	applicant's family.
2205	2.  Whether the applicant is proceeding pro se or is
2206	represented by a private attorney for a fee or on a pro-bono
2207	basis.
2208	3.  When the applicant retained private counsel.
2209	4.  The amount of any attorney's fees and who is paying the
2210	fees.
2211	5.  Any other relevant financial circumstances of the
2212	applicant or the applicant's family.
2213	(b)  Based upon its review, the court shall make one of the
2214	following determinations and shall, if appropriate, appoint
2215	private counsel:
2216	1.  The applicant is not indigent.
2217	2.  The applicant is indigent.
2218	(5)  PROCESSING CHARGE; PAYMENT PLANS.--A person who the
2219	clerk or the court determines is indigent for civil proceedings
2220	under this section shall be enrolled in a payment plan under s.
2221	28.246 and shall be charged a one-time administrative processing
2222	charge under s. 28.24(26)(c). A monthly payment amount,
2223	calculated based upon all fees and all anticipated costs, is
2224	presumed to correspond to the person's ability to pay if it does
2225	not exceed 2 percent of the person's annual net income, as
2226	defined in subsection (1), divided by 12. The person may seek
2227	review of the clerk's decisions regarding a payment plan
2228	established under s. 28.246 in the court having jurisdiction
2229	over the matter. A case may not be impeded in any way, delayed
2230	in filing, or delayed in its progress, including the final
2231	hearing and order, due to nonpayment of any fees by an indigent
2232	person.
2233	(6)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
2234	(a)  If the court learns of discrepancies between the
2235	application and the actual financial status of the person found
2236	to be indigent, the court shall determine whether the status and
2237	any relief provided as a result of that status shall be revoked.
2238	The person may be heard regarding the information learned by the
2239	court. If the court, based on the information, determines that
2240	the person is not indigent, the court shall revoke the provision
2241	of any relief under this section.
2242	(b)  If the court has reason to believe that any applicant,
2243	through fraud or misrepresentation, was improperly determined to
2244	be indigent, the matter shall be referred to the state attorney.
2245	Twenty-five percent of any amount recovered by the state
2246	attorney as reasonable value of the services rendered, including
2247	fees, charges, and costs paid by the state on the person's
2248	behalf, shall be remitted to the Department of Revenue for
2249	deposit into the Grants and Donations Trust Fund within the
2250	Justice Administrative Commission. Seventy-five percent of any
2251	amount recovered shall be remitted to the Department of Revenue
2252	for deposit into the General Revenue Fund.
2253	(c)  A person who knowingly provides false information to
2254	the clerk or the court in seeking a determination of indigent
2255	status under this section commits a misdemeanor of the first
2256	degree, punishable as provided in s. 775.082 or s. 775.083.
2257	Section 36.  Subsection (1) of section 92.142, Florida
2258	Statutes, is amended to read:
2259	92.142  Witnesses; pay.--
2260	(1)  Witnesses in all cases, civil and criminal, in all
2261	courts, now or hereafter created, and witnesses summoned before
2262	any arbitrator or general or special magistrate appointed by the
2263	court shall receive for each day's actual attendance $5 and also
2264	6 cents per mile for actual distance traveled to and from the
2265	courts. A witness in a criminal case required to appear in a
2266	county other than the county of his or her residence and
2267	residing more than 50 miles from the location of the trial shall
2268	be entitled to per diem and travel expenses at the same rate
2269	provided for state employees under s. 112.061, in lieu of any
2270	other witness fee at the discretion of the court.
2271	Section 37.  Effective July 1, 2006, subsections (2) and
2272	(3) of section 92.231, Florida Statutes, are amended to read:
2273	92.231  Expert witnesses; fee.--
2274	(2)  Any expert or skilled witness who shall have testified
2275	in any cause shall be allowed a witness fee including the cost
2276	of any exhibits used by such witness in an amount agreed to by
2277	the parties, and the same shall be taxed as costs. In instances
2278	where services are provided for the state, including for state-
2279	paid private court-appointed counsel, payment from state funds
2280	shall be in accordance with standards adopted by the Legislature
2281	after receiving recommendations from the Article V Indigent
2282	Services Advisory Board.
2283	(3)  In a criminal case in which the state or an indigent
2284	defendant requires the services of an expert witness whose
2285	opinion is relevant to the issues of the case, the expert
2286	witness shall be compensated in accordance with standards
2287	adopted by the Legislature after receiving recommendations from
2288	the Article V Indigent Services Advisory Board.
2289	Section 38.  Paragraph (y) is added to subsection (2) of
2290	section 110.205, Florida Statutes, to read:
2291	110.205  Career service; exemptions.--
2292	(2)  EXEMPT POSITIONS.--The exempt positions that are not
2293	covered by this part include the following:
2294	(y)  All officers and employees of the Justice
2295	Administrative Commission, Office of the State Attorney, Office
2296	of the Public Defender, regional offices of capital collateral
2297	counsel, and Statewide Guardian Ad Litem Office, including the
2298	circuit guardian ad litem programs.
2299	Section 39.  Subsection (1) of section 116.01, Florida
2300	Statutes, is amended to read:
2301	116.01  Payment of public funds into treasury.--
2302	(1)  Every state and county officer within this state
2303	authorized to collect funds due the state or county shall pay
2304	all sums officially received by the officer into the state or
2305	county treasury not later than 7 working days from the close of
2306	the week in which the officer received the funds. Funds received
2307	by the county officer on behalf of the state shall be deposited
2308	directly to the account of the State Treasury not later than 7
2309	working days from the close of the week in which the officer
2310	received the funds. The clerk of the court, when collecting
2311	funds as part of the clerk's court-related functions, must remit
2312	those funds as required under s. 28.245.
2313	Section 40.  Subsections (1) and (4) of section 116.21,
2314	Florida Statutes, are amended to read:
2315	116.21  Unclaimed moneys; limitation.--
2316	(1)  The sheriffs and clerks of the courts of the various
2317	counties of the state are authorized at their discretion on or
2318	before September 25 of each and every year hereafter to pay into
2319	the fine and forfeiture fund of their respective counties, or
2320	the fine and forfeiture fund created under s. 142.01, any or all
2321	unclaimed moneys deposited or collected by them in their
2322	official capacity, which unclaimed moneys came into their hands
2323	prior to January 1 of the preceding year and for which moneys
2324	claim has not been made. Any unclaimed moneys collected or
2325	deposited by the clerk of the circuit court in the course of the
2326	clerk's court related activities may be processed under this
2327	chapter; however, the clerk must pay for the cost of publication
2328	of the list of unclaimed court-related funds. Any unclaimed
2329	court-related funds collected or deposited by the clerk which
2330	remain unclaimed must be deposited into the fine and forfeiture
2331	fund established under s. 142.01.
2332	(4)  Except for the cost of publishing the notice for
2333	the clerk's unclaimed court-related moneys, the cost of
2334	publishing the notices as required by subsection (2) shall be
2335	paid by the county commissioners, and the sheriff or the clerk
2336	shall receive as compensation the regular fee allowed by statute
2337	for the collection of fines, fees, and costs adjudged to the
2338	state upon the amounts remitted to the fine and forfeiture fund.
2339	Upon such payment to the fine and forfeiture fund, the sheriff
2340	or clerk shall be released and discharged from any and all
2341	further responsibility or liability in connection therewith.
2342	Section 41.  Paragraph (gg) of subsection (6) of section
2343	119.07, Florida Statutes, is amended to read:
2344	119.07  Inspection and copying of records; photographing
2345	public records; fees; exemptions.--
2346	(6)
2347	(gg)1.  Until January 1, 2007 2006, if a social security
2348	number, made confidential and exempt pursuant to s. 119.0721,
2349	created pursuant to s. 1, ch. 2002-256, passed during the 2002
2350	regular legislative session, or a complete bank account, debit,
2351	charge, or credit card number made exempt pursuant to paragraph
2352	(dd), created pursuant to s. 1, ch. 2002-257, passed during the
2353	2002 regular legislative session, is or has been included in a
2354	court file, such number may be included as part of the court
2355	record available for public inspection and copying unless
2356	redaction is requested by the holder of such number, or by the
2357	holder's attorney or legal guardian, in a signed, legibly
2358	written request specifying the case name, case number, document
2359	heading, and page number. The request must be delivered by mail,
2360	facsimile, electronic transmission, or in person to the clerk of
2361	the circuit court. The clerk of the circuit court does not have
2362	a duty to inquire beyond the written request to verify the
2363	identity of a person requesting redaction. A fee may not be
2364	charged for the redaction of a social security number or a bank
2365	account, debit, charge, or credit card number pursuant to such
2366	request.
2367	2.  Any person who prepares or files a document to be
2368	recorded in the official records by the county recorder as
2369	provided in chapter 28 may not include a person's social
2370	security number or complete bank account, debit, charge, or
2371	credit card number in that document unless otherwise expressly
2372	required by law. Until January 1, 2007 2006, if a social
2373	security number or a complete bank account, debit, charge or
2374	credit card number is or has been included in a document
2375	presented to the county recorder for recording in the official
2376	records of the county, such number may be made available as part
2377	of the official record available for public inspection and
2378	copying. Any person, or his or her attorney or legal guardian,
2379	may request that a county recorder remove from an image or copy
2380	of an official record placed on a county recorder's publicly
2381	available Internet website, or a publicly available Internet
2382	website used by a county recorder to display public records
2383	outside the office or otherwise made electronically available
2384	outside the county recorder's office to the general public, his
2385	or her social security number or complete account, debit,
2386	charge, or credit card number contained in that official record.
2387	Such request must be legibly written, signed by the requester,
2388	and delivered by mail, facsimile, electronic transmission, or in
2389	person to the county recorder. The request must specify the
2390	identification page number of the document that contains the
2391	number to be redacted. The county recorder does not have a duty
2392	to inquire beyond the written request to verify the identity of
2393	a person requesting redaction. A fee may not be charged for
2394	redacting such numbers.
2395	3.  Upon the effective date of this act, subsections (3)
2396	and (4) of s. 119.0721, do not apply to the clerks of the court
2397	or the county recorder with respect to circuit court records and
2398	official records.
2399	4.  On January 1, 2007 2006, and thereafter, the clerk of
2400	the circuit court and the county recorder must keep complete
2401	bank account, debit, charge, and credit card numbers exempt as
2402	provided for in paragraph (dd), and must keep social security
2403	numbers confidential and exempt as provided for in s. 119.0721,
2404	without any person having to request redaction.
2405	Section 42.  Subsection (4) of section 142.01, Florida
2406	Statutes, is amended to read:
2407	142.01  Fine and forfeiture fund; clerk of the circuit
2408	court.--There shall be established by the clerk of the circuit
2409	court in each county of this state a separate fund to be known
2410	as the fine and forfeiture fund for use by the clerk of the
2411	circuit court in performing court-related functions. The fund
2412	shall consist of the following:
2413	(4)  Proceeds from forfeited bail bonds, unclaimed bonds,
2414	unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
2415	372.72(1), and 903.26(3)(a).
2416
2417	Notwithstanding the provisions of this section, all fines and
2418	forfeitures arising from operation of the provisions of s.
2419	318.1215 shall be disbursed in accordance with that section.
2420	Section 43.  Subsection (5) is added to section 213.13,
2421	Florida Statutes, to read:
2422	213.13  Electronic remittance and distribution of funds
2423	collected by clerks of the court.--
2424	(5)  All court-related collections, including fees, fines,
2425	reimbursements, court costs, and other court-related funds that
2426	the clerks must remit to the state pursuant to law, must be
2427	transmitted electronically by the 20th day of the month
2428	immediately following the month in which the funds are
2429	collected.
2430	Section 44.  Effective July 1, 2006, subsection (3) of
2431	section 218.245, Florida Statutes, is amended to read:
2432	218.245  Revenue sharing; apportionment.--
2433	(3)  Revenues attributed to the increase in distribution to
2434	the Revenue Sharing Trust Fund for Municipalities pursuant to s.
2435	212.20(6)(d)6. from 1.0715 percent to 1.3409 percent provided in
2436	chapter 2003-402, Laws of Florida, shall be distributed to each
2437	eligible municipality and any unit of local government which is
2438	consolidated as provided by s. 9, Art. VIII of the State
2439	Constitution of 1885, as preserved by s. 6(e), Art. VIII, 1968
2440	revised constitution, as follows: each eligible local
2441	government's allocation shall be based on the amount it received
2442	from the half-cent sales tax under s. 218.61 in the prior state
2443	fiscal year divided by the total receipts under s. 218.61 in the
2444	prior state fiscal year for all eligible local governments;
2445	provided, however, for the purpose of calculating this
2446	distribution, the amount received from the half-cent sales tax
2447	under s. 218.61 in the prior state fiscal year by a unit of
2448	local government which is consolidated as provided by s. 9, Art.
2449	VIII of the State Constitution of 1885, as amended, and as
2450	preserved by s. 6(e), Art. VIII, of the Constitution as revised
2451	in 1968, shall be reduced by 50 percent for such local
2452	government and for the total receipts. For eligible
2453	municipalities that began participating in the allocation of
2454	half-cent sales tax under s. 218.61 in the previous state fiscal
2455	year, their annual receipts shall be calculated by dividing
2456	their actual receipts by the number of months they participated,
2457	and the result multiplied by 12.
2458	Section 45.  Section 219.07, Florida Statutes, is amended
2459	to read:
2460	219.07  Disbursements.--Each officer shall, not later than
2461	7 working days from the close of the week in which the officer
2462	received the funds, distribute the money which is required to be
2463	paid to other officers, agencies, funds, or persons entitled to
2464	receive the same; provided, that distributions or partial
2465	distributions may be made more frequently; and provided further,
2466	that money required by law or court order, or by the purpose for
2467	which it was collected, to be held and disbursed for a
2468	particular purpose in a manner different from that set out
2469	herein shall be held and disbursed accordingly. Further, money
2470	collected by the county officer on behalf of the state, except
2471	for money collected by the clerk of the court as part of court-
2472	related functions, shall be deposited directly to the account of
2473	the State Treasury not later than 7 working days from the close
2474	of the week in which the officer received the funds. The clerk
2475	of the court, when collecting money as part of the clerk's
2476	court-related functions, must remit that money as required under
2477	s. 28.245.
2478	Section 46.  Subsection (1) of section 219.075, Florida
2479	Statutes, is amended to read:
2480	219.075  Investment of surplus funds by county officers.--
2481	(1)(a)  Except when another procedure is prescribed by law
2482	or by ordinance as to particular funds, a tax collector or any
2483	other county officer having, receiving, or collecting any money,
2484	either for his or her office or on behalf of and subject to
2485	subsequent distribution to another officer of state or local
2486	government, while such money is in excess of that required to
2487	meet current expenses or is pending distribution, shall invest
2488	such money, without limitation, as provided in s. 218.415.
2489	(b)  These investments shall be planned so as not to slow
2490	the normal distribution of the subject funds. The investment
2491	earnings shall be reasonably apportioned and allocated and shall
2492	be credited to the account of, and paid to, the office or
2493	distributee, together with the principal on which such earnings
2494	accrued.
2495	(c)  This section does not apply to the clerk of the
2496	circuit court with respect to money collected as part of the
2497	clerk's court-related functions. The clerk, however, shall remit
2498	this money as provided under s. 28.245.
2499	Section 47.  Section 318.121, Florida Statutes, is amended
2500	to read:
2501	318.121  Preemption of additional fees, fines, surcharges,
2502	and costs.--Notwithstanding any general or special law, or
2503	municipal or county ordinance, additional fees, fines,
2504	surcharges, or costs other than the court costs and surcharges
2505	assessed under s. 318.18(11) and (13) may not be added to the
2506	civil traffic penalties assessed in this chapter.
2507	Section 48.  Subsection (13) of section 318.18, Florida
2508	Statutes, is amended, and subsection (14) is added to said
2509	section, to read:
2510	318.18  Amount of civil penalties.--The penalties required
2511	for a noncriminal disposition pursuant to s. 318.14 are as
2512	follows:
2513	(13)  In addition to any penalties imposed for noncriminal
2514	traffic infractions pursuant to this chapter or imposed for
2515	criminal violations listed in s. 318.17, a board of county
2516	commissioners or any unit of local government which is
2517	consolidated as provided by s. 9, Art. VIII of the State
2518	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
2519	Constitution of 1968:
2520	(a)  May impose by ordinance a surcharge of up to $15 for
2521	any infraction or violation to fund state court facilities. The
2522	court shall not waive this surcharge. Up to 25 percent of the
2523	revenue from such surcharge may be used to support local law
2524	libraries provided that the county or unit of local government
2525	provides a level of service equal to that provided prior to July
2526	1, 2004, which shall include the continuation of library
2527	facilities located in or near the county courthouse or annexes.
2528	(b)  That imposed increased fees or service charges by
2529	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
2530	purpose of securing payment of the principal and interest on
2531	bonds issued by the county before July 1, 2003, to finance state
2532	court facilities, may impose by ordinance a surcharge for any
2533	infraction or violation for the exclusive purpose of securing
2534	payment of the principal and interest on bonds issued by the
2535	county before July 1, 2003, to fund state court facilities until
2536	the date of stated maturity. The court shall not waive this
2537	surcharge. Such surcharge may not exceed an amount per violation
2538	calculated as the quotient of the maximum annual payment of the
2539	principal and interest on the bonds as of July 1, 2003, divided
2540	by the number of traffic citations for county fiscal year 2002-
2541	2003 certified as paid by the clerk of the court of the county.
2542	Such quotient shall be rounded up to the next highest dollar
2543	amount. The bonds may be refunded only if savings will be
2544	realized on payments of debt service and the refunding bonds are
2545	scheduled to mature on the same date or before the bonds being
2546	refunded.
2547
2548	A county may not impose both of the surcharges authorized under
2549	paragraphs (a) and (b) concurrently. The clerk of court shall
2550	report, no later than 30 days after the end of the quarter, the
2551	amount of funds collected under this subsection during each
2552	quarter of the fiscal year. The clerk shall submit the report,
2553	in a format developed by the Office of State Courts
2554	Administrator, to the chief judge of the circuit, the Governor,
2555	the President of the Senate, and the Speaker of the House of
2556	Representatives.
2557	(14)  In addition to any penalties imposed for noncriminal
2558	traffic infractions under chapter 318 or imposed for criminal
2559	violations listed in s. 318.17, any unit of local government
2560	that is consolidated as provided by s. 9, Art. VIII of the State
2561	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
2562	State Constitution of 1968, and that is granted the authority in
2563	the State Constitution to exercise all the powers of a municipal
2564	corporation, and any unit of local government operating under a
2565	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
2566	VIII of the State Constitution of 1885, as preserved by s. 6(e),
2567	Art. VIII of the State Constitution of 1968, that is granted the
2568	authority in the State Constitution to exercise all the powers
2569	conferred now or hereafter by general law upon municipalities,
2570	may impose by ordinance a surcharge of up to $15 for any
2571	infraction or violation. Revenue from the surcharge shall be
2572	transferred to such unit of local government for the purpose of
2573	replacing fine revenue deposited into the clerk's fine and
2574	forfeiture fund under s. 142.01. The court may not waive this
2575	surcharge. Proceeds from the imposition of the surcharge
2576	authorized in this subsection shall not be used for the purpose
2577	of securing payment of the principal and interest on bonds. This
2578	subsection, and any surcharge imposed pursuant to this
2579	subsection, shall stand repealed September 30, 2007.
2580	Section 49.  Effective upon this act becoming a law,
2581	paragraph (g) of subsection (2) of section 318.21, Florida
2582	Statutes, is amended to read:
2583	318.21  Disposition of civil penalties by county
2584	courts.--All civil penalties received by a county court pursuant
2585	to the provisions of this chapter shall be distributed and paid
2586	monthly as follows:
2587	(2)  Of the remainder:
2588	(g)1.  If the violation occurred within a special
2589	improvement district of the Seminole Indian Tribe or Miccosukee
2590	Indian Tribe, 56.4 percent shall be paid to that special
2591	improvement district.
2592	2.  If the violation occurred within a municipality, 50.8
2593	percent shall be paid to that municipality and 5.6 percent shall
2594	be deposited into the fine and forfeiture trust fund established
2595	pursuant to s. 142.01.
2596	3.  If the violation occurred within the unincorporated
2597	area of a county, including the unincorporated areas, if any, of
2598	a government created pursuant to s. 6(e), Article VIII of the
2599	State Constitution, that is not within a special improvement
2600	district of the Seminole Indian Tribe or Miccosukee Indian
2601	Tribe, 56.4 percent shall be deposited into the fine and
2602	forfeiture fund established pursuant to s. 142.01.
2603	Section 50.  Section 318.31, Florida Statutes, is amended
2604	to read:
2605	318.31  Objectives.--The Supreme Court is hereby requested
2606	to adopt rules and procedures for the establishment and
2607	operation of Civil Traffic Infraction Hearing Officer Programs
2608	under ss. 318.30-318.38. However, the appointment of a hearing
2609	officer shall be at the option of the county electing to
2610	establish such a program, upon recommendation by the county
2611	court judge or judges, as the case may be, and the Chief Judge
2612	of the Circuit and approval by the Chief Justice of the Supreme
2613	Court.
2614	Section 51.  Subsection (1) of section 318.32, Florida
2615	Statutes, is amended to read:
2616	318.32  Jurisdiction; limitations.--
2617	(1)  Hearing officers shall be empowered to accept pleas
2618	from and decide the guilt or innocence of any person, adult or
2619	juvenile, charged with any civil traffic infraction and shall be
2620	empowered to adjudicate or withhold adjudication of guilt in the
2621	same manner as a county court judge under the statutes, rules,
2622	and procedures presently existing or as subsequently amended,
2623	except that hearing officers shall not:
2624	(a)  Have the power to hold a defendant in contempt of
2625	court, but shall be permitted to file a motion for order of
2626	contempt with the appropriate state trial court judge;
2627	(b)  Hear a case involving a crash resulting in injury or
2628	death; or
2629	(c)  Hear a criminal traffic offense case or a case
2630	involving a civil traffic infraction issued in conjunction with
2631	a criminal traffic offense; or
2632	(d)  Have the power to suspend a defendant's drivers
2633	license pursuant to s. 316.655(2).
2634	Section 52.  Section 318.325, Florida Statutes, is amended
2635	to read:
2636	318.325  Jurisdiction and procedure for parking
2637	infractions.--Any county or municipality may adopt an ordinance
2638	that allows the county or municipality to refer cases involving
2639	the violation of a county or municipal parking ordinance to a
2640	hearing officer funded by the county or municipality.
2641	Notwithstanding the provisions of ss. 318.14 and 775.08(3), any
2642	parking violation shall be deemed to be an infraction as defined
2643	in s. 318.13(3). However, the violation must be enforced and
2644	disposed of in accordance with the provisions of general law
2645	applicable to parking violations and with the charter or code of
2646	the county or municipality where the violation occurred. The
2647	clerk of the court or the designated traffic violations bureau
2648	must collect and distribute the fines, forfeitures, and court
2649	costs assessed under this section.
2650	Section 53.  Subsection (2) of section 322.29, Florida
2651	Statutes, is amended to read:
2652	322.29  Surrender and return of license.--
2653	(2)  The provisions of subsection (1) to the contrary
2654	notwithstanding, no examination is required for the return of a
2655	license suspended under s. 318.15 or s. 322.245 unless an
2656	examination is otherwise required by this chapter. Every person
2657	applying for the return of a license suspended under s. 318.15
2658	or s. 322.245 shall present to the department certification from
2659	the court that he or she has complied with all obligations and
2660	penalties imposed on him or her pursuant to s. 318.15 or, in the
2661	case of a suspension pursuant to s. 322.245, that he or she has
2662	complied with all directives of the court and the requirements
2663	of s. 322.245 and shall pay to the department a nonrefundable
2664	service fee of $47.50 $35, of which $37.50 $25 shall be
2665	deposited into the General Revenue Fund and $10 shall be
2666	deposited into the Highway Safety Operating Trust Fund. If
2667	reinstated by the clerk of the court or tax collector, $37.50
2668	$25 shall be retained and $10 shall be remitted to the
2669	Department of Revenue for deposit into the Highway Safety
2670	Operating Trust Fund. However, the service fee is not required
2671	if the person is required to pay a $35 fee or $60 fee under the
2672	provisions of s. 322.21.
2673	Section 54.  Subsection (1) of section 372.72, Florida
2674	Statutes, is amended to read:
2675	372.72  Disposition of fines, penalties, and forfeitures.--
2676	(1)  All moneys collected from fines, penalties, proceeds
2677	from unclaimed bonds, or forfeitures of bail of persons
2678	convicted under this chapter shall be deposited in the fine and
2679	forfeiture fund established pursuant to s. 142.01 where such
2680	convictions are had, except for the disposition of moneys as
2681	provided in subsection (2).
2682	Section 55.  Subsection (8) of section 903.26, Florida
2683	Statutes, is amended to read:
2684	903.26  Forfeiture of the bond; when and how directed;
2685	discharge; how and when made; effect of payment.--
2686	(8)  If the defendant is arrested and returned to the
2687	county of jurisdiction of the court prior to judgment, the
2688	clerk, upon affirmation by the sheriff or the chief correctional
2689	officer, shall, without further order of the court, discharge
2690	the forfeiture of the bond. However, if the surety agent fails
2691	to pay the costs and expenses incurred in returning the
2692	defendant to the county of jurisdiction, the clerk shall not
2693	discharge the forfeiture of the bond. If the surety agent and
2694	the sheriff state attorney fail to agree on the amount of said
2695	costs, then the court, after notice to the sheriff and the state
2696	attorney, shall determine the amount of the costs.
2697	Section 56.  Section 903.28, Florida Statutes, is amended
2698	to read:
2699	903.28  Remission of forfeiture; conditions.--
2700	(1)  On application within 2 years from forfeiture, the
2701	court shall order remission of the forfeiture if it determines
2702	that there was no breach of the bond.
2703	(2)  If the defendant surrenders or is apprehended within
2704	90 days after forfeiture, the court, on motion at a hearing upon
2705	notice having been given to the clerk of the circuit court
2706	county attorney and the state attorney as required in subsection
2707	(8), shall direct remission of up to, but not more than, 100
2708	percent of a forfeiture if the surety apprehended and
2709	surrendered the defendant or if the apprehension or surrender of
2710	the defendant was substantially procured or caused by the
2711	surety, or the surety has substantially attempted to procure or
2712	cause the apprehension or surrender of the defendant, and the
2713	delay has not thwarted the proper prosecution of the defendant.
2714	In addition, remission shall be granted when the surety did not
2715	substantially participate or attempt to participate in the
2716	apprehension or surrender of the defendant when the costs of
2717	returning the defendant to the jurisdiction of the court have
2718	been deducted from the remission and when the delay has not
2719	thwarted the proper prosecution of the defendant.
2720	(3)  If the defendant surrenders or is apprehended within
2721	180 days after forfeiture, the court, on motion at a hearing
2722	upon notice having been given to the clerk of the circuit court
2723	county attorney and the state attorney as required in subsection
2724	(8), shall direct remission of up to, but not more than, 95
2725	percent of a forfeiture if the surety apprehended and
2726	surrendered the defendant or if the apprehension or surrender of
2727	the defendant was substantially procured or caused by the
2728	surety, or the surety has substantially attempted to procure or
2729	cause the apprehension or surrender of the defendant, and the
2730	delay has not thwarted the proper prosecution of the defendant.
2731	In addition, remission shall be granted when the surety did not
2732	substantially participate or attempt to participate in the
2733	apprehension or surrender of the defendant when the costs of
2734	returning the defendant to the jurisdiction of the court have
2735	been deducted from the remission and when the delay has not
2736	thwarted the proper prosecution of the defendant.
2737	(4)  If the defendant surrenders or is apprehended within
2738	270 days after forfeiture, the court, on motion at a hearing
2739	upon notice having been given to the clerk of the circuit court
2740	county attorney and the state attorney as required in subsection
2741	(8), shall direct remission of up to, but not more than, 90
2742	percent of a forfeiture if the surety apprehended and
2743	surrendered the defendant or if the apprehension or surrender of
2744	the defendant was substantially procured or caused by the
2745	surety, or the surety has substantially attempted to procure or
2746	cause the apprehension or surrender of the defendant, and the
2747	delay has not thwarted the proper prosecution of the defendant.
2748	In addition, remission shall be granted when the surety did not
2749	substantially participate or attempt to participate in the
2750	apprehension or surrender of the defendant when the costs of
2751	returning the defendant to the jurisdiction of the court have
2752	been deducted from the remission and when the delay has not
2753	thwarted the proper prosecution of the defendant.
2754	(5)  If the defendant surrenders or is apprehended within 1
2755	year after forfeiture, the court, on motion at a hearing upon
2756	notice having been given to the clerk of the circuit court
2757	county attorney and the state attorney as required in subsection
2758	(8), shall direct remission of up to, but not more than, 85
2759	percent of a forfeiture if the surety apprehended and
2760	surrendered the defendant or if the apprehension or surrender of
2761	the defendant was substantially procured or caused by the
2762	surety, or the surety has substantially attempted to procure or
2763	cause the apprehension or surrender of the defendant, and the
2764	delay has not thwarted the proper prosecution of the defendant.
2765	In addition, remission shall be granted when the surety did not
2766	substantially participate or attempt to participate in the
2767	apprehension or surrender of the defendant when the costs of
2768	returning the defendant to the jurisdiction of the court have
2769	been deducted from the remission and when the delay has not
2770	thwarted the proper prosecution of the defendant.
2771	(6)  If the defendant surrenders or is apprehended within 2
2772	years after forfeiture, the court, on motion at a hearing upon
2773	notice having been given to the clerk of the circuit court
2774	county attorney and the state attorney as required in subsection
2775	(8), shall direct remission of up to, but not more than, 50
2776	percent of a forfeiture if the surety apprehended and
2777	surrendered the defendant or if the apprehension or surrender of
2778	the defendant was substantially procured or caused by the
2779	surety, or the surety has substantially attempted to procure or
2780	cause the apprehension or surrender of the defendant, and the
2781	delay has not thwarted the proper prosecution of the defendant.
2782	In addition, remission shall be granted when the surety did not
2783	substantially participate or attempt to participate in the
2784	apprehension or surrender of the defendant when the costs of
2785	returning the defendant to the jurisdiction of the court have
2786	been deducted from the remission and when the delay has not
2787	thwarted the proper prosecution of the defendant.
2788	(7)  The remission of a forfeiture may not be ordered for
2789	any reason other than as specified herein.
2790	(8)  An application for remission must be accompanied by
2791	affidavits setting forth the facts on which it is founded;
2792	however, the surety must establish by further documentation or
2793	other evidence any claimed attempt at procuring or causing the
2794	apprehension or surrender of the defendant before the court may
2795	order remission based upon an attempt to procure or cause such
2796	apprehension or surrender. The clerk of the circuit court and
2797	the state attorney must be given 20 days' notice before a
2798	hearing on an application and be furnished copies of all papers,
2799	applications, and affidavits. Remission shall be granted on the
2800	condition of payment of costs, unless the ground for remission
2801	is that there was no breach of the bond.
2802	(9)  The clerk of the circuit court may enter into a
2803	contract with a private attorney or into an interagency
2804	agreement with a governmental agency to represent the clerk of
2805	the court in an action for the remission of a forfeiture under
2806	this section.
2807	(10)  The clerk of the circuit court is the real party in
2808	interest for all appeals arising from an action for the
2809	remission of a forfeiture under this section.
2810	Section 57.  Section 903.286, Florida Statutes, is created
2811	to read:
2812	903.286  Return of cash bond; requirement to withhold
2813	unpaid fines, fees, and court costs.--Notwithstanding the
2814	provisions of s. 903.31(2), the clerk of the court shall
2815	withhold from the return of a cash bond posted on behalf of a
2816	criminal defendant by a person other than a bail bond agent
2817	licensed pursuant to chapter 648 sufficient funds to pay any
2818	unpaid court fees, court costs, and criminal penalties. In the
2819	event that sufficient funds are not available to pay all unpaid
2820	court fees, court costs, and criminal penalties, the clerk of
2821	the court shall immediately obtain payment from the defendant or
2822	enroll the defendant in a payment plan pursuant to s. 28.246.
2823	Section 58.  Section 916.115, Florida Statutes, is amended
2824	to read:
2825	916.115  Appointment of experts.--
2826	(1)(a)  Annually, the department shall provide the courts
2827	with a list of mental health professionals who have completed
2828	approved training as experts.
2829	(b)  The court may appoint no more than three nor fewer
2830	than two experts to determine issues of the mental condition of
2831	a defendant in a criminal case, including the issues of
2832	competency to proceed, insanity, and involuntary hospitalization
2833	or placement. An expert The panel of experts may evaluate the
2834	defendant in jail or in another appropriate local facility.
2835	(c)  To the extent possible, an the appointed expert
2836	experts shall have completed forensic evaluator training
2837	approved by the department and be either a psychiatrist,
2838	licensed psychologist, or physician.
2839	(2)  Expert witnesses appointed by the court to evaluate
2840	the mental condition of a defendant in a criminal case shall be
2841	allowed reasonable fees for services rendered as evaluators of
2842	competence or sanity and as witnesses, which shall be paid by
2843	the county in which the indictment was found or the information
2844	or affidavit was filed.
2845	(a)1.  The court shall pay for any expert that it appoints
2846	by court order, upon motion of counsel for the defendant or the
2847	state or upon its own motion. If the defense or the state
2848	retains an expert and waives the confidentiality of the expert's
2849	report, the court may pay for no more than two additional
2850	experts appointed by court order. If an expert appointed by the
2851	court upon motion of counsel for the defendant specifically to
2852	evaluate the competence of the defendant to proceed also
2853	addresses in his or her evaluation issues related to sanity as
2854	an affirmative defense, the court shall pay only for that
2855	portion of the experts' fees relating to the evaluation on
2856	competency to proceed and the balance of the fees shall be
2857	chargeable to the defense.
2858	2.  Pursuant to s. 29.006, the office of the public
2859	defender shall pay for any expert retained by the office.
2860	3.  Pursuant to s. 29.005, the office of the state attorney
2861	shall pay for any expert retained by the office. Notwithstanding
2862	subparagraph 1., the office of the state attorney shall pay for
2863	any expert whom the office retains and whom the office moves the
2864	court to appoint in order to ensure that the expert has access
2865	to the defendant.
2866	4.  An expert retained by the defendant who is represented
2867	by private counsel appointed under s. 27.5303 shall be paid by
2868	the Justice Administrative Commission.
2869	5.  An expert retained by a defendant who is indigent for
2870	costs as determined by the court and who is represented by
2871	private counsel, other than private counsel appointed under s.
2872	27.5303, on a fee or pro bono basis, or who is representing
2873	himself or herself, shall be paid by the Justice Administrative
2874	Commission from funds specifically appropriated for these
2875	expenses.
2876	(b)  State employees shall be paid expenses pursuant to s.
2877	112.061.
2878	(c)  The fees shall be taxed as costs in the case.
2879	(d)  In order for an expert the experts to be paid for the
2880	services rendered, the expert's report reports and testimony
2881	must explicitly address each of the factors and follow the
2882	procedures set out in this chapter and in the Florida Rules of
2883	Criminal Procedure.
2884	Section 59.  Subsections (2), (3), and (4) of section
2885	916.12, Florida Statutes, are amended to read:
2886	916.12  Mental competence to proceed.--
2887	(2)  An expert The experts shall first determine whether
2888	the person is mentally ill and, if so, consider the factors
2889	related to the issue of whether the defendant meets the criteria
2890	for competence to proceed; that is, whether the defendant has
2891	sufficient present ability to consult with counsel with a
2892	reasonable degree of rational understanding and whether the
2893	defendant has a rational, as well as factual, understanding of
2894	the pending proceedings. A defendant must be evaluated by no
2895	fewer than two experts before the court commits the defendant or
2896	takes other action authorized by this chapter or the Florida
2897	Rules of Criminal Procedure, except if one expert finds that the
2898	defendant is incompetent to proceed and the parties stipulate to
2899	that finding, the court may commit the defendant or take other
2900	action authorized by this chapter or the rules without further
2901	evaluation or hearing, or the court may appoint no more than two
2902	additional experts to evaluate the defendant. Notwithstanding
2903	any stipulation by the state and the defendant, the court may
2904	require a hearing with testimony from the expert or experts
2905	before ordering the commitment of a defendant.
2906	(3)  In considering the issue of competence to proceed, an
2907	the examining expert experts shall first consider and
2908	specifically include in his or her their report the defendant's
2909	capacity to:
2910	(a)  Appreciate the charges or allegations against the
2911	defendant;
2912	(b)  Appreciate the range and nature of possible penalties,
2913	if applicable, that may be imposed in the proceedings against
2914	the defendant;
2915	(c)  Understand the adversarial nature of the legal
2916	process;
2917	(d)  Disclose to counsel facts pertinent to the proceedings
2918	at issue;
2919	(e)  Manifest appropriate courtroom behavior; and
2920	(f)  Testify relevantly;
2921
2922	and include in his or her their report any other factor deemed
2923	relevant by the expert experts.
2924	(4)  If an expert finds the experts should find that the
2925	defendant is incompetent to proceed, the expert experts shall
2926	report on any recommended treatment for the defendant to attain
2927	competence to proceed. In considering the issues relating to
2928	treatment, the examining expert experts shall specifically
2929	report on:
2930	(a)  The mental illness causing the incompetence;
2931	(b)  The treatment or treatments appropriate for the mental
2932	illness of the defendant and an explanation of each of the
2933	possible treatment alternatives in order of choices;
2934	(c)  The availability of acceptable treatment and, if
2935	treatment is available in the community, the expert shall so
2936	state in the report; and
2937	(d)  The likelihood of the defendant's attaining competence
2938	under the treatment recommended, an assessment of the probable
2939	duration of the treatment required to restore competence, and
2940	the probability that the defendant will attain competence to
2941	proceed in the foreseeable future.
2942	Section 60.  Subsection (7) of section 916.301, Florida
2943	Statutes, is amended to read:
2944	916.301  Appointment of experts.--
2945	(7)  Expert witnesses appointed by the court to evaluate
2946	the mental condition of a defendant in a criminal case shall be
2947	allowed reasonable fees for services rendered as evaluators and
2948	as witnesses, which shall be paid by the court county in which
2949	the indictment was found or the information or affidavit was
2950	filed. State employees shall be paid expenses pursuant to s.
2951	112.061. The fees shall be taxed as costs in the case. In order
2952	for the experts to be paid for the services rendered, the
2953	reports and testimony must explicitly address each of the
2954	factors and follow the procedures set out in this chapter and in
2955	the Florida Rules of Criminal Procedure.
2956	Section 61.  Paragraph (b) of subsection (2) of section
2957	938.29, Florida Statutes, is amended to read:
2958	938.29  Legal assistance; lien for payment of attorney's
2959	fees or costs.--
2960	(2)
2961	(b)  A judgment showing the name and residence of the
2962	defendant-recipient or parent shall be recorded in the public
2963	record, without cost, by filed for record in the office of the
2964	clerk of the circuit court in the county where the defendant-
2965	recipient or parent resides and in each county in which such
2966	defendant-recipient or parent then owns or later acquires any
2967	property. Such judgments shall be enforced on behalf of the
2968	state by the clerk of the circuit court of the county in which
2969	assistance was rendered.
2970	Section 62.  Section 939.06, Florida Statutes, is amended
2971	to read:
2972	939.06  Acquitted defendant not liable for costs.--
2973	(1)  A No defendant in a criminal prosecution who is
2974	acquitted or discharged is not shall be liable for any costs or
2975	fees of the court or any ministerial office, or for any charge
2976	of subsistence while detained in custody. If the defendant has
2977	shall have paid any taxable costs, or fees required under s.
2978	27.52(1)(b), in the case, the clerk or judge shall give him or
2979	her a certificate of the payment of such costs, with the items
2980	thereof, which, when audited and approved according to law,
2981	shall be refunded to the defendant.
2982	(2)  To receive a refund under this section, a defendant
2983	must submit a request for the refund to the Justice
2984	Administrative Commission on a form and in a manner prescribed
2985	by the commission. The defendant must attach to the form an
2986	order from the court demonstrating the defendant's right to the
2987	refund and the amount of the refund.
2988	Section 63.  Paragraph (b) of subsection (1) of section
2989	939.185, Florida Statutes, is redesignated as paragraph (c), and
2990	a new paragraph (b) is added to said subsection, to read:
2991	939.185  Assessment of additional court costs and
2992	surcharges.--
2993	(1)
2994	(b)  In addition to the court costs imposed under paragraph
2995	(a) and any other cost, fine, or penalty imposed by law, any
2996	unit of local government which is consolidated as provided by s.
2997	9, Art. VIII of the State Constitution of 1885, as preserved by
2998	s. 6(e), Art. VIII of the State Constitution of 1968, and which
2999	is granted the authority in the State Constitution to exercise
3000	all the powers of a municipal corporation, and any unit of local
3001	government operating under a home rule charter adopted pursuant
3002	to ss. 10, 11, and 24, Art. VIII of the State Constitution of
3003	1885, as preserved by s. 6(e), Art. VIII of the State
3004	Constitution of 1968, which is granted the authority in the
3005	State Constitution to exercise all the powers conferred now or
3006	hereafter by general law upon municipalities, may impose by
3007	ordinance a surcharge in the amount of $85 to be imposed by the
3008	court when a person pleads guilty or nolo contendere to, or is
3009	found guilty of, any felony, misdemeanor, or criminal traffic
3010	offense under the laws of this state. Revenue from the surcharge
3011	shall be transferred to such unit of local government for the
3012	purpose of replacing fine revenue deposited into the clerk's
3013	fine and forfeiture fund under s. 142.01. Proceeds from the
3014	imposition of the surcharge authorized in this paragraph shall
3015	not be used for the purpose of securing payment of the principal
3016	and interest on bonds. This paragraph, and any surcharge imposed
3017	pursuant to this paragraph, shall stand repealed on September
3018	30, 2007.
3019	(c)(b)  The disbursement of costs collected under this
3020	section shall be subordinate in priority order of disbursement
3021	to all other state-imposed costs authorized in this chapter,
3022	restitution or other compensation to victims, and child support
3023	payments.
3024	Section 64.  Subsection (2) of section 985.05, Florida
3025	Statutes, is amended, and subsection (5) is added to said
3026	section, to read:
3027	985.05  Court records.--
3028	(2)  The clerk shall keep all official records required by
3029	this section separate from other records of the circuit court,
3030	except those records pertaining to motor vehicle violations,
3031	which shall be forwarded to the Department of Highway Safety and
3032	Motor Vehicles. Except as provided in ss. 943.053 and 985.04(4),
3033	official records required by this part are not open to
3034	inspection by the public, but may be inspected only upon order
3035	of the court by persons deemed by the court to have a proper
3036	interest therein, except that a child and the parents,
3037	guardians, or legal custodians of the child and their attorneys,
3038	law enforcement agencies, the Department of Juvenile Justice and
3039	its designees, the Parole Commission, and the Department of
3040	Corrections, and the Justice Administrative Commission shall
3041	always have the right to inspect and copy any official record
3042	pertaining to the child. The court may permit authorized
3043	representatives of recognized organizations compiling statistics
3044	for proper purposes to inspect, and make abstracts from,
3045	official records under whatever conditions upon the use and
3046	disposition of such records the court may deem proper and may
3047	punish by contempt proceedings any violation of those
3048	conditions.
3049	(5)  This part does not prohibit a circuit court from
3050	providing a restitution order containing the information
3051	prescribed in s. 985.201(4)(c) to a collection court or a
3052	private collection agency for the sole purpose of collecting
3053	unpaid restitution ordered in a case in which the circuit court
3054	has retained jurisdiction over the child and the child's parent
3055	or legal guardian. The collection court or private collection
3056	agency shall maintain the confidential status of the information
3057	to the extent such confidentiality is provided by law.
3058	Section 65.  Paragraph (c) of subsection (4) of section
3059	985.201, Florida Statutes, is amended to read:
3060	985.201  Jurisdiction.--
3061	(4)
3062	(c)  The court may retain jurisdiction over a child and the
3063	child's parent or legal guardian whom the court has ordered to
3064	pay restitution until the restitution order is satisfied or
3065	until the court orders otherwise. To retain jurisdiction, the
3066	court shall enter a restitution order, which is separate from
3067	any disposition or order of commitment, on or prior to the date
3068	that If the court retains such jurisdiction after the date upon
3069	which the court's jurisdiction would cease under this section,
3070	it shall do so solely for the purpose of enforcing the
3071	restitution order. The contents of the restitution order shall
3072	be limited to the child's name and address, the name and address
3073	of the parent or legal guardian, the name and address of the
3074	payee, the case number, the date and amount of restitution
3075	ordered, any amount of restitution paid, the amount of
3076	restitution due and owing, and a notation that costs, interest,
3077	penalties, and attorney's fees may also be due and owing. The
3078	terms of the restitution order are subject to the provisions of
3079	s. 775.089(5).
3080	Section 66.  Compensation to traffic court witnesses.--Any
3081	party who secures the attendance of a witness in traffic court
3082	shall bear all costs of calling the witness, including witness
3083	fees. If the witness is required to testify on behalf of the
3084	prosecution, the office of the state attorney of the respective
3085	judicial circuit shall pay the fees and costs of calling the
3086	witness.
3087	Section 67.  Recovery of expenditures for state-funded
3088	services.--The trial court administrator of each circuit shall
3089	recover expenditures for state-funded services when those
3090	services have been furnished to a user of the state court system
3091	who possesses the present ability to pay. The rate of
3092	compensation for such services shall be the actual cost of the
3093	services, including the cost of recovery. The trial court
3094	administrator shall deposit moneys recovered under this section
3095	in the Grants and Donations Trust Fund within the state court
3096	system. The trial court administrator shall recover the costs of
3097	court-reporter services and transcription; court-interpreter
3098	services, including translation; and any other service for which
3099	state funds were used to provide a product or service within the
3100	circuit. This section does not authorize cost recovery from
3101	entities described in ss. 29.005, 29.006, and 29.007, Florida
3102	Statutes.
3103	Section 68.  It is the intent of the Legislature that the
3104	amendments made by this act to ss. 28.2402(2), 34.191, and
3105	318.21, Florida Statutes, are remedial. It is the further intent
3106	of the Legislature that fines and forfeitures or civil penalties
3107	arising from offenses or violations committed or occurring
3108	within an unincorporated area of a government created pursuant
3109	to Section 6(e), Article VIII of the State Constitution be paid
3110	or deposited for fiscal year 2004-2005 as provided in ss.
3111	28.2402, 34.191, and 318.21, Florida Statutes, as those sections
3112	are amended by this act. This section shall take effect upon
3113	becoming a law.
3114	Section 69.  (1)(a)  The Legislature finds that the use of
3115	estimates of prior-year expenditures to establish maximum annual
3116	budgets for the county fiscal year 2004-2005 resulted in maximum
3117	annual budgets for some clerks of court which were less than the
3118	amounts would have been if actual prior-year expenditures had
3119	been used.
3120	(b)  The Legislature further finds that the clerks of court
3121	perform duties critical to the operations of the judicial branch
3122	and that future maximum annual budgets for the clerks of court
3123	are based in part on their prior-year budgets.
3124	(c)  The Legislature further finds that the difference
3125	between establishing the maximum annual budget using estimated
3126	prior-year expenditures and using actual prior-year expenditures
3127	was significant for the Clerk of the Circuit Court, Miami-Dade
3128	County.
3129	(2)  Therefore, the maximum annual budget for the Clerk of
3130	the Circuit Court, Miami-Dade County, is increased by $3,817,115
3131	for the county fiscal year 2004-2005.
3132	Section 70.  (1)  Effective July 1, 2006, section 29.014,
3133	Florida Statutes, is repealed.
3134	(2)  Section 318.37, Florida Statutes, is repealed.
3135	Section 71.  Section 938.19, Florida Statutes, is amended
3136	to read:
3137	938.19  Teen courts.--
3138	(1)  Notwithstanding s. 318.121, in each county in which a
3139	teen court has been created, the board of county commissioners
3140	may adopt a mandatory court cost to be assessed in specific
3141	cases by incorporating by reference the provisions of this
3142	section in a county ordinance. Assessments collected by the
3143	clerk of the circuit court under this section shall be deposited
3144	into an account specifically for the operation and
3145	administration of the teen court.
3146	(2)  A sum of up to $3 shall be assessed as a court cost in
3147	the circuit and county court in the county against each person
3148	who pleads guilty or nolo contendere to, or is convicted of,
3149	regardless of adjudication, a violation of a criminal law or a
3150	municipal or county ordinance, or who pays a fine or civil
3151	penalty for any violation of chapter 316. Any person whose
3152	adjudication is withheld under s. 318.14(9) or s. 318.14(10)
3153	shall also be assessed the cost.
3154	(3)  The assessment for court costs shall be assessed in
3155	addition to any fine or civil penalty or other court cost and
3156	may not be deducted from the proceeds of that portion of any
3157	fine or civil penalty that is received by a municipality in the
3158	county or by the county in accordance with ss. 316.660 and
3159	318.21. The assessment shall be specifically added to any civil
3160	penalty paid for a violation of chapter 316, regardless of
3161	whether the penalty is paid by mail, paid in person without
3162	request for a hearing, or paid after hearing and determination
3163	by the court. However, the assessment may not be made against a
3164	person for a violation of any state law or municipal or county
3165	ordinance relating to the parking of vehicles, with the
3166	exception of a violation of the handicapped parking laws.
3167	(4)(a)  The clerk of the circuit court shall collect the
3168	assessments for court costs established in this section and
3169	shall remit the assessments to the teen court monthly.
3170	(b)  The clerk of the circuit court shall withhold 5
3171	percent of the assessments collected, which shall be retained as
3172	fee income of the office of the clerk of the circuit court.
3173	(5)  A teen court must account for all funds received under
3174	this section in a written report to the board of county
3175	commissioners. The report must be given to the commissioners by
3176	August 1 of each year or by a date required by the
3177	commissioners.
3178	(6)  A teen court may be administered by a nonprofit
3179	organization, a law enforcement agency, the court administrator,
3180	the clerk of the court, or another similar agency authorized by
3181	the board of county commissioners.
3182	(7)  A teen court administered in a county that adopts an
3183	ordinance to assess court costs under this section may not
3184	receive court costs collected under s. 939.185(1)(a)4. Counties
3185	are hereby authorized to fund teen courts.
3186	Section 72.  Paragraph (a) of subsection (1) of section
3187	939.185, Florida Statutes, is amended to read:
3188	939.185  Assessment of additional court costs.--
3189	(1)(a)  The board of county commissioners may adopt by
3190	ordinance an additional court cost, not to exceed $65, to be
3191	imposed by the court when a person pleads guilty or nolo
3192	contendere to, or is found guilty of, any felony, misdemeanor,
3193	or criminal traffic offense under the laws of this state. Such
3194	additional assessment shall be accounted for separately by the
3195	county in which the offense occurred and be used only in the
3196	county imposing this cost, to be allocated as follows:
3197	1.  Twenty-five percent of the amount collected shall be
3198	allocated to fund innovations to supplement state funding for
3199	the elements of the state courts system identified in s. 29.004
3200	and county funding for local requirements under s.
3201	29.008(2)(a)2.
3202	2.  Twenty-five percent of the amount collected shall be
3203	allocated to assist counties in providing legal aid programs
3204	required under s. 29.008(3)(a).
3205	3.  Twenty-five percent of the amount collected shall be
3206	allocated to fund personnel and legal materials for the public
3207	as part of a law library.
3208	4.  Twenty-five percent of the amount collected shall be
3209	used as determined by the board of county commissioners to
3210	support teen court programs, except as provided in s. 938.19(7),
3211	juvenile assessment centers, and other juvenile alternative
3212	programs.
3213
3214	Each county receiving funds under this section shall report the
3215	amount of funds collected pursuant to this section and an
3216	itemized list of expenditures for all authorized programs and
3217	activities. The report shall be submitted in a format developed
3218	by the Supreme Court to the Governor, the Chief Financial
3219	Officer, the President of the Senate, and the Speaker of the
3220	House of Representatives on a quarterly basis beginning with the
3221	quarter ending September 30, 2004. Quarterly reports shall be
3222	submitted no later than 30 days after the end of the quarter.
3223	Any unspent funds at the close of the county fiscal year
3224	allocated under subparagraphs 2., 3., and 4., shall be
3225	transferred for use pursuant to subparagraph 1.
3226	Section 73.  The sum of $1.5 million in recurring funds is
3227	appropriated from the General Revenue Fund to the Justice
3228	Administrative Commission for public defender due process
3229	services for the 2005-2006 fiscal year.
3230	Section 74.  The sum of $800,000 in recurring funds is
3231	appropriated from the General Revenue Fund to the Justice
3232	Administrative Commission for state attorney due process
3233	services for the 2005-2006 fiscal year.
3234	Section 75.  The sum of $182,885 in recurring funds is
3235	appropriated from the General Revenue Fund to the State Attorney
3236	for the Eleventh Judicial Circuit to be used for state attorney
3237	operations for the 2005-2006 fiscal year.
3238	Section 76.  Except as otherwise provided herein, this act
3239	shall take effect July 1, 2005.

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