Senate Bill sb2542
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Florida Senate - 2005 SB 2542
By Senator Smith
14-1123C-05
1 A bill to be entitled
2 An act relating to the state judicial system;
3 amending s. 27.34, F.S.; requiring negotiated
4 rates of reimbursement; amending s. 27.40,
5 F.S., relating to circuit registries for
6 court-appointed counsel; requiring that an
7 attorney enter into a contract to be included
8 on the registry; requiring data on the race,
9 sex, and ethnicity of attorneys; requiring the
10 Justice Administrative Commission to approve
11 uniform procedures and forms for use in billing
12 for an attorney's fees, costs, and related
13 expenses; requiring that a withdrawal order be
14 filed with the commission; providing that
15 withdrawal from a case creates a rebuttable
16 presumption of nonentitlement to the entire
17 flat fee; amending s. 27.42, F.S.; requiring
18 that the circuit Article V indigent services
19 committee establish the compensation rates for
20 court-appointed counsel or in cases of
21 indigency; requiring each committee to
22 establish a schedule of allowances for
23 due-process expenses; authorizing alternate
24 models for providing criminal and civil
25 due-process representation; requiring that the
26 expenses for representing indigent persons be
27 appropriated in a separate category within the
28 Justice Administrative Commission rather than
29 paid from funds appropriated for use by the
30 public defenders; requiring the commission to
31 track and report data on the race, sex, and
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1 ethnicity of private court-appointed counsel;
2 amending s. 27.52, F.S., relating to the
3 determination of indigent status; providing for
4 application to the clerk of court for such a
5 determination and appointment of a public
6 defender; prescribing duties of the clerk and
7 the public defender relating to an application;
8 prescribing application requirements and review
9 criteria; providing for review by the court of
10 a clerk's determination; authorizing the court
11 to determine a person indigent for costs and
12 eligible for payment of due-process expenses;
13 requiring certain parents or legal guardians to
14 furnish legal services and costs; providing for
15 a reevaluation of indigent status and referral
16 to the state attorney upon evidence of
17 financial discrepancies or fraud; providing
18 criminal penalties for the provision of false
19 information; amending s. 27.5304, F.S.;
20 authorizing the Justice Administrative
21 Commission to pay attorney's fees without court
22 approval under certain conditions; requiring
23 the attorney to provide the commission with
24 advance notice of a court hearing on payment of
25 fees and costs; authorizing the commission to
26 participate in such hearings telephonically;
27 specifying intervals other than final
28 disposition of a case at which private
29 court-appointed counsel may request payment;
30 clarifying a prohibition against allowing an
31 attorney who is not on the registry to appear;
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1 limiting the reimbursement allowed for the
2 preparation of invoices; amending s. 27.54,
3 F.S.; requiring that the county or municipality
4 pay certain costs for due-process services;
5 prescribing assessment of fees to recover such
6 costs; requiring negotiated rates of
7 reimbursement; requiring that reimbursements
8 received by the public defender be returned to
9 the fund from which the expenditure was made;
10 amending s. 28.24, F.S.; requiring that the
11 clerk of the court provide copies to attorneys
12 ad litem and court-appointed counsel paid by
13 the state; requiring clerks of the court to
14 participate in the Comprehensive Case
15 Information System by a certain date; providing
16 an exception to the designation of the clerk of
17 court as custodian of official records;
18 amending s. 28.2402, F.S.; prohibiting the
19 circuit court from charging a county or
20 municipality more than one filing fee for a
21 single filing containing multiple allegations;
22 exempting enforcement actions of local code
23 violations from the filing fee; amending s.
24 28.241, F.S.; providing for the clerk of the
25 court to collect a service fee for appeals from
26 circuit court; amending s. 28.245, F.S.;
27 requiring that the clerks of the court remit
28 collections to the Department of Revenue within
29 a specified period; amending s. 28.246, F.S.;
30 conforming a reference; revising provisions
31 authorizing an individual to enter into a
3
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1 payment plan for the payment of fees, costs, or
2 fines; providing for the court to review the
3 payment plan; amending s. 28.345, F.S.;
4 exempting certain court staff, attorneys ad
5 litem, and court-appointed counsel from the
6 payment of fees and charges assessed by the
7 clerk of the circuit court; amending s. 28.35,
8 F.S.; requiring the Florida Clerks of Court
9 Operations Committee to report on additional
10 budget funding authority provided to a clerk;
11 amending s. 28.36, F.S.; revising the date for
12 the county clerk to submit a proposed budget;
13 conforming a reference to the Florida Clerks of
14 Court Operations Corporation; authorizing the
15 corporation to approve additional annual
16 funding for a clerk under prescribed
17 conditions; requiring notice and documentation;
18 amending s. 29.004, F.S.; providing for state
19 appropriations to be used for expert witnesses
20 who are appointed by the court rather than
21 requested by any party; amending s. 29.007,
22 F.S.; providing for state funds to be used in
23 providing mental health professionals in
24 certain civil cases; clarifying the use of
25 state funds at the trial or appellate level to
26 pay certain costs on behalf of a litigant who
27 is indigent; amending s. 29.008, F.S.;
28 requiring that the county where the appellate
29 district is located fund the appellate division
30 of the public defender's office; expanding the
31 definition of the term "facility" to include
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1 items necessary for court-reporting services;
2 narrowing a limitation on the application of
3 certain requirements to specified facilities;
4 including hearing rooms within those facilities
5 funded by the county as a court-related
6 function; including audio equipment within
7 county-funded communications services; amending
8 s. 29.015, F.S.; authorizing the Justice
9 Administrative Commission to transfer funds to
10 address budget deficits relating to due-process
11 services; requiring notice of the transfer;
12 amending s. 29.018, F.S.; eliminating the
13 authority for court-appointed counsel to
14 contract to share in court and due-process
15 costs; providing that the Justice
16 Administrative Commission may contract for such
17 cost-sharing on behalf of court-appointed
18 counsel; creating s. 29.0185, F.S.; specifying
19 conditions under which state-funded due-process
20 services are provided; amending s. 34.045,
21 F.S.; prohibiting the county court from
22 charging a county or municipality more than one
23 filing fee for a single filing containing
24 multiple allegations; exempting certain
25 enforcement actions of local code violations
26 from the filing fee; expanding conditions under
27 which the county or municipality is the
28 prevailing party; requiring an assessment for a
29 filing fee; amending s. 34.191, F.S.;
30 clarifying a requirement that certain fines and
31 forfeitures committed within an unincorporated
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1 area of a municipality be paid to the clerk of
2 the county court; amending s. 39.0132, F.S.;
3 authorizing the Justice Administrative
4 Commission to inspect certain court records;
5 amending s. 39.821, F.S.; requiring that the
6 Guardian Ad Litem Program rather than the chief
7 judge request the federal criminal records
8 check for purposes of certifying guardians ad
9 litem; amending s. 39.822, F.S.; directing
10 agencies, persons, and other organizations to
11 provide a guardian ad litem access to certain
12 records related to the best interests of a
13 child; amending s. 40.29, F.S.; clarifying
14 procedures for the payments made by the state
15 to the clerk of the court for the costs of
16 witnesses; creating s. 40.355, F.S.; requiring
17 the clerk of the court to report on, and refund
18 to the state attorneys and public defenders,
19 certain moneys collected for payment of jurors
20 and due-process costs; amending s. 43.16, F.S.;
21 providing that the Justice Administrative
22 Commission is not subject to the Administrative
23 Procedure Act; amending s. 44.102, F.S.;
24 revising conditions under which nonvolunteer
25 court mediators may be compensated by the
26 county or parties; amending s. 44.108, F.S.;
27 clarifying the fees charged for scheduled
28 mediation services provided by a circuit
29 court's mediation program; requiring the clerk
30 of the court to report to the chief judge the
31 amount of such fees collected; creating s.
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1 57.082, F.S., relating to the determination of
2 civil indigent status; providing for
3 application to the clerk of court for such a
4 determination; prescribing duties of the clerk
5 relating to an application; prescribing
6 application requirements and review criteria;
7 providing for an interim determination by the
8 court and appointment of counsel; providing for
9 review by the court of the clerk's
10 determination; providing for enrollment in a
11 payment plan by a person determined indigent;
12 providing for the waiver of fees and costs
13 under certain conditions; providing for
14 reevaluation of indigent status and referral to
15 the state attorney upon evidence of financial
16 discrepancies or fraud; providing criminal
17 penalties for providing false information;
18 creating s. 61.1828, F.S.; authorizing certain
19 county child support enforcement agencies to
20 receive court services under specified
21 conditions; prohibiting imposition of fees and
22 bonds for such agencies; amending s. 92.142,
23 F.S.; deleting a provision that provides for
24 payment of per diem and travel expenses for a
25 witness in a criminal case at the discretion of
26 the court; amending s. 116.01, F.S.; providing
27 procedures for the clerk of the court to remit
28 funds to the Department of Revenue; amending s.
29 119.07, F.S.; extending the time period during
30 which certain social security numbers and other
31 data included in court or official county
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1 records may be available for public inspection
2 unless redaction is requested; extending the
3 deadline by which court clerks and county
4 recorders must keep such data confidential;
5 amending s. 142.01, F.S.; clarifying those
6 moneys to be included within the fine and
7 forfeiture fund of the clerk of the circuit
8 court; amending s. 213.13, F.S.; requiring that
9 the funds remitted by the clerk to the state be
10 transmitted electronically within a specified
11 period; amending s. 219.07, F.S.; clarifying
12 the distributions that the clerk is required to
13 make as part of his or her court-related
14 functions; amending s. 219.075, F.S.; exempting
15 funds collected by the clerk from the
16 requirements for the investment of surplus
17 funds of a county; amending s. 318.121, F.S.;
18 clarifying that certain court costs and
19 surcharges are added to civil traffic
20 penalties; amending s. 318.18, F.S.; requiring
21 that the clerk of the court report the amount
22 of certain surcharges collected to the chief
23 judge, the Governor, and the Legislature;
24 amending s. 318.21, F.S.; providing for the
25 disposition of traffic-infraction penalties for
26 violations occurring in unincorporated areas of
27 certain municipalities having a consolidated
28 government; amending s. 318.31, F.S.; deleting
29 provisions concerning the appointment of a
30 civil traffic infraction hearing officer;
31 amending s. 318.325, F.S.; deleting provisions
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1 specifying the funding of such hearing officer;
2 amending s. 322.29, F.S.; increasing the fees
3 charged for reinstating a driver's license;
4 amending s. 372.72, F.S.; requiring that the
5 proceeds from unclaimed bonds be deposited into
6 the clerk's fine and forfeiture fund; amending
7 s. 903.26, F.S.; revising the procedure for
8 determining the amount of the costs incurred in
9 returning a defendant to the county of
10 jurisdiction; amending s. 903.28, F.S.;
11 revising certain notice requirements following
12 the surrender or apprehension of a defendant
13 for purposes of remission of a forfeiture;
14 authorizing the clerk of the circuit court to
15 enter into certain contracts for purposes of
16 representation in an action for the remission
17 of a forfeiture; providing that the clerk is
18 the real party in interest for all appeals
19 arising from such an action; amending s.
20 916.115, F.S.; providing requirements for the
21 payment of experts; specifying those fees which
22 are paid by the state, the office of the public
23 defender, the office of the state attorney, or
24 the Justice Administrative Commission; amending
25 s. 916.12, F.S.; revising the procedures under
26 which the court may take action following a
27 finding that the defendant is incompetent to
28 proceed; amending s. 916.301, F.S.; requiring
29 the court to pay for certain court-appointed
30 retardation and autism experts; amending s.
31 938.29, F.S.; providing for a judgment lien for
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1 the payment of certain attorney's fees to be
2 filed without cost; amending s. 939.06, F.S.;
3 clarifying that an acquitted defendant is not
4 liable for certain fees; providing a procedure
5 for such a defendant to request a refund from
6 the Justice Administrative Commission of costs
7 or fees paid; amending s. 985.05, F.S.;
8 authorizing the Justice Administrative
9 Commission to have access to certain court
10 records; requiring that the party calling a
11 witness in traffic court bear the costs;
12 requiring that the office of the state attorney
13 pay such costs if the witness is required to
14 testify on behalf of the prosecution;
15 authorizing the trial court administrator to
16 recover expenditures for state-funded services
17 if those services were furnished to a user
18 possessing the ability to pay; requiring that
19 the chief judge determine the rate, which may
20 not exceed the cost of the service and
21 recovery; repealing s. 29.005(4), F.S.,
22 relating to prosecution expenses for appointing
23 mental health professionals; repealing s.
24 318.37, F.S., relating to funding for a Civil
25 Traffic Infraction Hearing Officer Program;
26 providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsection (1) of section 27.34, Florida
31 Statutes, is amended to read:
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1 27.34 Limitations on payment of salaries and other
2 related costs of state attorneys' offices other than by the
3 state.--
4 (1) A county or municipality may contract with, or
5 appropriate or contribute funds to the operation of, the
6 various state attorneys as provided in this subsection. A
7 state attorney prosecuting violations of special laws or
8 county or municipal ordinances punishable by incarceration and
9 not ancillary to a state charge shall contract with counties
10 and municipalities to recover the full cost of services
11 rendered on an hourly basis or reimburse the state for the
12 full cost of assigning one or more full-time equivalent
13 attorney positions to work on behalf of the county or
14 municipality. Notwithstanding any other provision of law, in
15 the case of a county with a population of less than 75,000,
16 the state attorney shall contract for full reimbursement, or
17 for reimbursement as the parties otherwise agree.
18 (a) A contract for reimbursement on an hourly basis
19 shall require counties and municipalities to reimburse the
20 state attorney for services rendered at a negotiated rate not
21 exceeding of $50 per hour. If an hourly rate is specified in
22 the General Appropriations Act, that rate shall control.
23 (b) A contract for assigning one or more full-time
24 equivalent attorney positions to perform work on behalf of a
25 county or municipality shall assign one or more full-time
26 equivalent positions based on estimates by the state attorney
27 of the number of hours required to handle the projected
28 workload. The full cost of each full-time equivalent attorney
29 position on an annual basis shall be the negotiated hourly
30 rate $50, or the amount specified in the General
31 Appropriations Act, multiplied by the legislative budget
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1 request standard for available work hours for one full-time
2 equivalent attorney position, or, in the absence of that
3 standard, 1,854 hours. The contract may provide for funding
4 full-time equivalent positions in one-quarter increments.
5 (c) Persons employed by the county or municipality may
6 be provided to the state attorney to serve as special
7 investigators pursuant to the provisions of s. 27.251.
8 (d) Any payments received under pursuant to this
9 subsection shall be deposited into the Grants and Donations
10 Trust Fund within the Justice Administrative Commission for
11 use appropriation by the state attorney Legislature.
12 Section 2. Subsections (2), (3), (5), and (7) of
13 section 27.40, Florida Statutes, are amended to read:
14 27.40 Court-appointed counsel; circuit registries;
15 minimum requirements; appointment by court.--
16 (2) No later than October 1, 2004, Private counsel
17 appointed by the court to provide representation shall be
18 selected from a registry established by the circuit Article V
19 indigent services committee or procured through a competitive
20 bidding process.
21 (3) In utilizing a registry:
22 (a) Each circuit Article V indigent services committee
23 shall compile and maintain a list of attorneys in private
24 practice;, by county by race, sex, and ethnicity of the
25 assigned attorneys; and by category of cases. To be included
26 on a registry, attorneys shall certify that they meet any
27 minimum requirements established in general law for court
28 appointment, are available to represent indigent defendants in
29 cases requiring court appointment of private counsel, and are
30 willing to abide by the terms of the contract for services. To
31 be included on a registry, an attorney also must enter into a
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1 contract for services with the Justice Administrative
2 Commission. Failure to comply with the terms of the contract
3 for services may result in termination of the contract and
4 removal from the registry. Each attorney on the registry shall
5 be responsible for notifying the circuit Article V indigent
6 services committee of any change in his or her status. Failure
7 to comply with this requirement shall be cause for termination
8 of the contract for services and removal from the registry
9 until the requirement is fulfilled.
10 (b) The court shall appoint attorneys in rotating
11 order in the order in which names appear on the applicable
12 registry, unless the court makes a finding of good cause on
13 the record for appointing an attorney out of order. An
14 attorney not appointed in the order in which his or her name
15 appears on the list shall remain next in order.
16 (c) If it finds the number of attorneys on the
17 registry in a county or circuit for a particular category of
18 cases is inadequate, the circuit Article V indigent services
19 committee shall notify the chief judge of the particular
20 circuit in writing. The chief judge shall submit the names of
21 at least three private attorneys with relevant experience. The
22 clerk of court shall send an application to each of these
23 attorneys to register for appointment.
24 (d) Quarterly, beginning no later than October 1,
25 2004, each circuit Article V indigent services committee shall
26 provide the Chief Justice of the Supreme Court, the chief
27 judge, the state attorney, and public defender in each
28 judicial circuit, and the clerk of court in each county with a
29 current copy of each registry. The copy of a registry shall
30 identify the race, sex, and ethnicity of each attorney listed
31 in the registry.
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1 (5) The Justice Administrative Commission shall
2 approve uniform contract forms for use in procuring the
3 services of private court-appointed counsel and uniform
4 procedures and forms for use by a court-appointed attorney in
5 support of billing for attorney's fees, costs, and related
6 expenses to demonstrate the attorney's completion of specified
7 duties.
8 (7)(a) An attorney appointed to represent a defendant
9 or other client is entitled to payment pursuant to s. 27.5304,
10 only upon full performance by the attorney of specified
11 duties;, approval of payment by the court, except for payment
12 based on a flat fee per case as provided in s. 27.5304; and
13 attorney submission of a payment request to the Justice
14 Administrative Commission. Upon being permitted to withdraw
15 from a case, a court-appointed attorney shall submit a copy of
16 the order to the Justice Administrative Commission at the time
17 it is issued by the court. If an attorney is permitted to
18 withdraw or is otherwise removed from representation prior to
19 full performance of the duties specified in this section for
20 reasons other than breach of duty, the trial court shall
21 approve payment of attorney's fees and costs for work
22 performed in an amount not to exceed the amounts specified in
23 s. 27.5304. Withdrawal from a case prior to full performance
24 of the duties specified shall create a rebuttable presumption
25 that the attorney is not entitled to the entire flat fee for
26 those cases paid on a flat-fee-per-case basis.
27 (b) The attorney shall maintain appropriate
28 documentation, including a current and detailed hourly
29 accounting of time spent representing the defendant or other
30 client.
31
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1 Section 3. Section 27.42, Florida Statutes, is amended
2 to read:
3 27.42 Circuit Article V indigent services committees;
4 composition; staff; responsibilities; funding.--
5 (1) In each judicial circuit a circuit Article V
6 indigent services committee shall be established. The
7 committee shall consist of the following:
8 (a) The chief judge of the judicial circuit or the
9 chief judge's designee, who shall serve as the chair.
10 (b) The public defender of the judicial circuit, or
11 designee from within the office of the public defender.
12 (c) One experienced private criminal defense attorney
13 appointed by the chief judge to serve a 2-year term. During
14 the 2-year term, the attorney is prohibited from serving as
15 court-appointed counsel.
16 (d) One experienced civil trial attorney appointed by
17 the chief judge, to serve a 2-year term. During the 2-year
18 term, the attorney is prohibited from serving as
19 court-appointed counsel.
20 (2)(a) The responsibility of the circuit Article V
21 indigent services committee is to manage the appointment and
22 compensation of court-appointed counsel within a circuit
23 pursuant to ss. 27.40 and 27.5303. The committee shall also
24 set the compensation rates of due-process service providers in
25 cases where the court has appointed counsel or declared a
26 person indigent for costs. The circuit Article V indigent
27 services committee shall meet at least quarterly.
28 (b) No later than October 1, 2004, Each circuit
29 Article V indigent services committee shall maintain a
30 registry pursuant to s. 27.40, even when procuring counsel
31 through a competitive bidding process. However, if counsel is
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1 procured through a competitive bidding process, the registry
2 shall be used only when counsel obtained through that process
3 is unable to provide representation due to a conflict of
4 interest or reasons beyond their control. The committee shall
5 apply any eligibility and performance standards set by the
6 Legislature.
7 (c) Each circuit Article V indigent services committee
8 shall develop a schedule of standard fees and expense
9 allowances for the categories of cases specified in s. 27.5304
10 s. 27.5303, consistent with the overall compensation rates in
11 that section and within the amount of appropriated funds
12 allocated by the Justice Administrative Commission to the
13 circuit for this purpose.
14 (d) Each circuit Article V indigent services committee
15 shall establish a schedule of standard allowances for
16 due-process expenses for cases in which the court has declared
17 a person indigent for costs, within the amount of appropriated
18 funds allocated by the Justice Administrative Commission to
19 the circuit for this purpose.
20 (3) Notwithstanding any provision of this section to
21 the contrary, a circuit Article V indigent services committee
22 may approve, and the Justice Administrative Commission may
23 expend funds for, alternate models for the provision of
24 criminal and civil due-process services and representation
25 other than a model based on a per-case fee if a more
26 cost-effective and efficient system can be provided. An
27 alternate model may include court-reporting services and the
28 provision of court-appointed counsel.
29 (4)(3) The Justice Administrative Commission shall
30 prepare and issue on a quarterly basis a statewide report
31 comparing actual year-to-date expenditures to budgeted amounts
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1 for the circuit Article V indigent services committees in each
2 of the judicial circuits. Copies of these quarterly reports
3 shall be distributed to each circuit Article V indigent
4 services committee and to the Governor, the Chief Justice of
5 the Supreme Court, the President of the Senate, and the
6 Speaker of the House of Representatives.
7 (5)(4)(a) The funding and positions for the processing
8 of committees' fees and expenses shall be as appropriated to
9 the Justice Administrative Commission in the General
10 Appropriations Act.
11 (b) Funds for criminal conflict attorney's fees and
12 expenses shall be appropriated by the Legislature in a
13 separate appropriations category within the Justice
14 Administrative Commission. These funds shall be allocated to
15 each circuit as prescribed in the General Appropriations Act.
16 (c) Funds for attorney's fees and expenses for child
17 dependency and civil conflict cases shall be appropriated by
18 the Legislature in a separate appropriations category within
19 the Justice Administrative Commission.
20 (d) Any funds the Legislature appropriates for other
21 court-appointed counsel cases shall be as appropriated within
22 the Justice Administrative Commission.
23 (e) Funds for due-process expenses in cases in which
24 the court has declared a person indigent for costs shall be
25 appropriated by the Legislature in a separate appropriations
26 category within the Justice Administrative Commission. These
27 expenses may not be paid from funds appropriated for use by
28 the public defenders.
29
30 The Justice Administrative Commission shall separately track
31 expenditures on private court-appointed counsel for the
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1 following categories of cases: criminal conflict, civil
2 conflict, dependency and termination of parental rights, and
3 guardianship. The commission shall also track the race, sex,
4 and ethnicity of private court-appointed counsel for each
5 circuit and include this data in the quarterly report required
6 under subsection (4).
7 Section 4. Section 27.52, Florida Statutes, is amended
8 to read:
9 (Substantial rewording of section. See s.
10 27.52, F.S., for present text.)
11 27.52 Determination of indigent status.--
12 (1) APPLICATION TO THE CLERK.--A person seeking
13 appointment of a public defender under s. 27.51 based upon an
14 inability to pay must apply to the clerk of the court for a
15 determination of indigent status using an application form
16 developed by the Florida Clerks of Court Operations
17 Corporation.
18 (a) The application must include, at a minimum, the
19 following financial information:
20 1. Net income, consisting of total salary and wages,
21 minus deductions required by law, including court-ordered
22 support payments.
23 2. Other income, including, but not limited to, social
24 security benefits, union funds, veterans' benefits, workers'
25 compensation, other regular support from absent family
26 members, public or private employee pensions, unemployment
27 compensation, dividends, interest, rent, trusts, and gifts.
28 3. Assets, including, but not limited to, cash,
29 savings accounts, bank accounts, stocks, bonds, certificates
30 of deposit, equity in real estate, and equity in a boat or a
31 motor vehicle or in other tangible property.
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1 4. All liabilities and debts.
2 5. If applicable, the amount of any bail paid for the
3 applicant's release from incarceration and the source of the
4 funds.
5
6 The application must include a signature by the applicant
7 which attests to the truthfulness of the information provided.
8 The application form developed by the corporation must include
9 notice that the applicant may seek court review of a clerk's
10 determination that the applicant is not indigent, as provided
11 in this section.
12 (b) An applicant shall pay a $40 application fee to
13 the clerk for each application filed. The applicant shall pay
14 the fee within 7 days after submitting the application. If
15 the applicant does not pay the fee prior to the disposition of
16 the case, the clerk shall notify the court, and the court
17 shall:
18 1. Assess the application fee as part of the sentence
19 or as a condition of probation; or
20 2. Assess the application fee pursuant to s. 938.29.
21 (c) Notwithstanding any provision of law, court rule,
22 or administrative order to the contrary, the clerk shall
23 assign the first $40 of any fees or costs paid by an indigent
24 person as payment of the application fee. A person found to be
25 indigent may not be refused counsel or other required
26 due-process services for failure to pay the fee.
27 (d) All application fees collected by the clerk under
28 this section shall be transferred monthly by the clerk to the
29 Department of Revenue for deposit in the Indigent Criminal
30 Defense Trust Fund administered by the Justice Administrative
31 Commission, to be used to supplement the general revenue funds
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1 appropriated by the Legislature to the public defenders. The
2 clerk may retain 2 percent of application fees collected
3 monthly for administrative costs prior to remitting the
4 remainder to the Department of Revenue.
5 (e)1. The clerk shall assist a person who appears
6 before the clerk and requests assistance in completing the
7 application, and the clerk shall notify the court if a person
8 is unable to complete the application after the clerk has
9 provided assistance.
10 2. If the person seeking appointment of a public
11 defender is incarcerated, the public defender is responsible
12 for providing the application to the person and assisting him
13 or her in its completion and is responsible for submitting the
14 application to the clerk on the person's behalf. The public
15 defender may enter into an agreement for jail employees,
16 pretrial services employees, or employees of other criminal
17 justice agencies to assist the public defender in performing
18 functions assigned to the public defender under this
19 subparagraph.
20 (2) DETERMINATION BY THE CLERK.--The clerk of the
21 court shall determine whether an applicant seeking appointment
22 of a public defender is indigent based upon the information
23 provided in the application and the criteria prescribed in
24 this subsection.
25 (a)1. An applicant, including an applicant who is a
26 minor or an adult tax-dependent person, is indigent if the
27 applicant's income is equal to or below 200 percent of the
28 then-current federal poverty guidelines prescribed for the
29 size of the household of the applicant by the United States
30 Department of Health and Human Services or if the person is
31 receiving Temporary Assistance for Needy Families-Cash
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1 Assistance, poverty-related veterans' benefits, or
2 Supplemental Security Income (SSI).
3 2. There is a presumption that the applicant is not
4 indigent if the applicant owns, or has equity in, any
5 intangible or tangible personal property or real property
6 having a net equity value of $2,500 or more, or the expectancy
7 of an interest in any such property.
8 (b) Based upon its review, the clerk shall make one of
9 the following determinations:
10 1. The applicant is not indigent.
11 2. The applicant is indigent.
12 (c)1. If the clerk determines that the applicant is
13 indigent, the clerk shall submit the determination to the
14 office of the public defender and immediately file the
15 determination in the case record.
16 2. If the public defender is unable to provide
17 representation due to a conflict, the public defender shall
18 motion the court for withdrawal from representation and
19 appointment of private counsel.
20 (d) The duty of the clerk in determining whether an
21 applicant is indigent shall be limited to receiving the
22 application and comparing the information provided in the
23 application to the criteria prescribed in this subsection.
24 The determination of indigent status is a ministerial act of
25 the clerk and not a decision based on further investigation or
26 the exercise of independent judgment by the clerk. The clerk
27 may contract with third parties to perform functions assigned
28 to the clerk under this section.
29 (e) The applicant may seek review of the clerk's
30 determination that the applicant is not indigent in the court
31 having jurisdiction over the matter at the next scheduled
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1 hearing. If the applicant seeks review of the clerk's
2 determination of indigent status, the court shall make a final
3 determination as provided in subsection (4).
4 (3) APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the
5 clerk of the court has not made a determination of indigent
6 status at the time a person requests appointment of a public
7 defender, the court shall make a preliminary determination of
8 indigent status, pending further review by the clerk, and may,
9 by court order, appoint a public defender or private counsel
10 on an interim basis.
11 (4) REVIEW OF CLERK'S DETERMINATION.--
12 (a) If the clerk of the court determines that the
13 applicant is not indigent, and the applicant seeks review of
14 the clerk's determination, the court shall make a final
15 determination of indigent status by reviewing the information
16 provided in the application against the criteria prescribed in
17 subsection (2) and by considering the following additional
18 factors:
19 1. Whether the applicant has been released on bail in
20 an amount of $5,000 or more.
21 2. Whether a bond has been posted, the type of bond,
22 and who paid the bond.
23 3. Whether paying for private counsel or other due
24 process services creates a substantial hardship for the
25 applicant or the applicant's family.
26 4. Any other relevant financial circumstances of the
27 applicant or the applicant's family.
28 (b) Based upon its review, the court shall make one of
29 the following determinations and shall, if appropriate,
30 appoint a public defender or private counsel:
31 1. The applicant is not indigent.
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1 2. The applicant is indigent.
2 (5) INDIGENT FOR COSTS.--A person who is eligible to
3 be represented by a public defender under s. 27.51 but who is
4 represented by private counsel not appointed by the court for
5 a fee or on a pro bono basis, or who is proceeding pro se, may
6 motion the court for a determination that he or she is
7 indigent for costs and eligible for the provision of
8 due-process services, as prescribed by s. 29.006 and s.
9 29.007, funded by the state. Due-process services are not
10 available under this subsection to a person in a criminal
11 proceeding who is seeking postconviction relief.
12 (a) The person must submit to the court:
13 1. The completed application prescribed in subsection
14 (1); and
15 2. In the case of a person represented by counsel, an
16 affidavit attesting to the estimated amount of attorney's fees
17 and the source of payment for these fees.
18 (b) In reviewing the motion, the court shall consider:
19 1. Whether the applicant applied for a determination
20 of indigent status under subsection (1) and the outcome of
21 such application;
22 2. The extent to which the person's income equals or
23 exceeds the income criteria prescribed in subsection (2);
24 3. The additional factors prescribed in subsection
25 (4);
26 4. Whether the applicant is proceeding pro se or is
27 represented by a private attorney for a fee or on a pro bono
28 basis;
29 5. When the applicant retained private counsel; and
30 6. The amount of any attorney's fees and who is paying
31 the fees.
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1 (c) Based upon its review, the court shall make one of
2 the following determinations:
3 1. The applicant is not indigent for costs.
4 2. The applicant is indigent for costs.
5 (d) The provision of due-process services based upon a
6 determination that a person is indigent for costs under this
7 subsection must be effectuated pursuant to a court order, a
8 copy of which the clerk shall provide to counsel representing
9 the person, or to the person directly if he or she is
10 proceeding pro se, for use in requesting payment of
11 due-process expenses through the Justice Administrative
12 Commission.
13 (6) DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
14 parent or legal guardian of an applicant who is a minor or an
15 adult tax-dependent person shall furnish the minor or adult
16 tax-dependent person with the necessary legal services and
17 costs incident to a delinquency proceeding or, upon transfer
18 of such person for criminal prosecution as an adult pursuant
19 to chapter 985, a criminal prosecution in which the person has
20 a right to legal counsel under the Constitution of the United
21 States or the Constitution of the State of Florida. The
22 failure of a parent or legal guardian to furnish legal
23 services and costs under this section does not bar the
24 appointment of legal counsel pursuant to s. 27.40 or s.
25 27.5303. When the public defender, a private court-appointed
26 conflict counsel, or a private attorney is appointed to
27 represent a minor or an adult tax-dependent person in any
28 proceeding in circuit court or in a criminal proceeding in any
29 other court, the parents or the legal guardian shall be liable
30 for payment of the fees, charges, and costs of the
31 representation even if the person is a minor being tried as an
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1 adult. Liability for the fees, charges, and costs of the
2 representation shall be imposed in the form of a lien against
3 the property of the nonindigent parents or legal guardian of
4 the minor or adult tax-dependent person. The lien is
5 enforceable as provided in s. 27.561 or s. 938.29.
6 (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE
7 INFORMATION.--
8 (a) If the court learns of discrepancies between the
9 application or motion and the actual financial status of the
10 person found to be indigent or indigent for costs, the court
11 shall determine whether the public defender or private
12 attorney shall continue representation or whether the
13 authorization for any other due-process services previously
14 authorized shall be revoked. The person may be heard
15 regarding the information learned by the court. If the court,
16 based on the information, determines that the person is not
17 indigent or indigent for costs, the court shall order the
18 public defender or private attorney to discontinue
19 representation and revoke the provision of any other
20 authorized due-process services.
21 (b) If the court has reason to believe that any
22 applicant, through fraud or misrepresentation, was improperly
23 determined to be indigent or indigent for costs, the matter
24 shall be referred to the state attorney. Twenty-five percent
25 of any amount recovered by the state attorney as reasonable
26 value of the services rendered, including fees, charges, and
27 costs paid by the state on the person's behalf, shall be
28 remitted to the Department of Revenue for deposit into the
29 Grants and Donations Trust Fund within the Justice
30 Administrative Commission for appropriation by the Legislature
31 to the state attorney. Seventy-five percent of any amount
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1 recovered shall be remitted to the Department of Revenue for
2 deposit into the General Revenue Fund.
3 (c) A person who knowingly provides false information
4 to the clerk or the court in seeking a determination of
5 indigent status under this section commits a misdemeanor of
6 the second degree, punishable as provided in s. 775.082 or s.
7 775.083.
8 Section 5. Subsections (2) and (6) of section 27.5304,
9 Florida Statutes, are amended, and subsection (7) is added to
10 that section, to read:
11 27.5304 Private court-appointed counsel;
12 compensation.--
13 (2) The Justice Administrative Commission shall review
14 an intended billing by private court-appointed counsel for
15 attorney's fees based on a flat fee per case for completeness
16 and compliance with contractual, statutory, and circuit
17 Article V indigent services committee requirements. The
18 commission may approve the intended bill based on a flat fee
19 per case for payment without approval by the court if the
20 intended billing is correct. For attorney's fees based on
21 hourly billings, prior to filing a motion for an order
22 approving payment of attorney's fees, costs, or related
23 expenses, the private court-appointed counsel shall deliver a
24 copy of the intended billing, together with supporting
25 affidavits and all other necessary documentation, to the
26 Justice Administrative Commission. The Justice Administrative
27 Commission shall review the billings, affidavit, and
28 documentation for completeness and compliance with contractual
29 and statutory requirements. If the Justice Administrative
30 Commission objects to any portion of the proposed billing, the
31 objection and reasons therefor shall be communicated to the
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1 private court-appointed counsel. The private court-appointed
2 counsel may thereafter file his or her motion for order
3 approving payment of attorney's fees, costs, or related
4 expenses together with supporting affidavits and all other
5 necessary documentation. The motion must specify whether the
6 Justice Administrative Commission objects to any portion of
7 the billing or the sufficiency of documentation and, if so,
8 the reasons therefor. A copy of the motion and attachments
9 shall be served on the Justice Administrative Commission at
10 least 5 business days prior to the date of a hearing. The
11 Justice Administrative Commission shall have standing to
12 appear before the court to contest any motion for order
13 approving payment of attorney's fees, costs, or related
14 expenses and may participate in a hearing on the motion by use
15 of telephonic or other communication equipment. The Justice
16 Administrative Commission may contract with other public or
17 private entities or individuals to appear before the court for
18 the purpose of contesting any motion for order approving
19 payment of attorney's fees, costs, or related expenses. The
20 fact that the Justice Administrative Commission has not
21 objected to any portion of the billing or to the sufficiency
22 of the documentation is not binding on the court. The court
23 retains primary authority and responsibility for determining
24 the reasonableness of all billings for attorney's fees, costs,
25 and related expenses, subject to statutory limitations.
26 Private court-appointed counsel is entitled to compensation
27 upon final disposition of a case, except as provided in
28 paragraphs (a) and (b). Before final disposition of a case, a
29 private court-appointed counsel may file a motion for fees,
30 costs, and related expenses for services completed up to the
31 date of the motion in any case or matter in which legal
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1 services have been provided by the attorney for more than 1
2 year. The amount approved by the court may not exceed 80
3 percent of the fees earned, or costs and related expenses
4 incurred, to date, or an amount proportionate to the maximum
5 fees permitted under this section based on legal services
6 provided to date, whichever is less. The court may grant the
7 motion if counsel shows that failure to grant the motion would
8 work a particular hardship upon counsel.
9 (a) Private court-appointed counsel representing a
10 parent in a dependency case that is open and that is not in
11 the termination-of-parental-rights stage may submit a request
12 for payment to the Justice Administrative Commission at the
13 following intervals:
14 1. Upon entry of an order of disposition as to the
15 parent being represented;
16 2. Upon conclusion of a 12-month permanency review;
17 and
18 3. Following a judicial review hearing.
19
20 In no case, however, may counsel submit requests under this
21 paragraph more than once per quarter, unless the court finds
22 extraordinary circumstances justifying more frequent
23 submission of payment requests.
24 (b) Private court-appointed counsel representing an
25 individual in an appeal to a district court of appeal or the
26 Supreme Court may submit a request for payment to the Justice
27 Administrative Commission at the following intervals:
28 1. Upon the filing of an appellate brief, including,
29 but not limited to, a reply brief; and
30 2. When the opinion of the appellate court is
31 finalized.
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1 (6) A private attorney appointed in lieu of the public
2 defender to represent an indigent defendant may not reassign
3 or subcontract the case to another attorney. The
4 court-appointed private attorney may not or allow another
5 attorney to appear at a critical stage of a case who is not on
6 the registry developed under pursuant to s. 27.40.
7 (7) Private court-appointed counsel may bill for no
8 more than one half-hour for preparation of each invoice for
9 attorney's fees in a case paid on the basis of an hourly rate,
10 unless the court has approved the attorney to bill more time
11 for preparation of the invoice. Private court-appointed
12 counsel may not bill for preparation of invoices for cases
13 paid on the basis of a flat fee.
14 Section 6. Subsections (2) and (4) of section 27.54,
15 Florida Statutes, are amended to read:
16 27.54 Limitation on payment of expenditures for public
17 defender's office other than by the state.--
18 (2) A county or municipality may contract with, or
19 appropriate or contribute funds to, the operation of the
20 offices of the various public defenders as provided in this
21 subsection. A public defender defending violations of special
22 laws or county or municipal ordinances punishable by
23 incarceration and not ancillary to a state charge shall
24 contract with counties and municipalities to recover the full
25 cost of services rendered on an hourly basis or reimburse the
26 state for the full cost of assigning one or more full-time
27 equivalent attorney positions to work on behalf of the county
28 or municipality. Notwithstanding any other provision of law,
29 in the case of a county with a population of less than 75,000,
30 the public defender shall contract for full reimbursement, or
31 for reimbursement as the parties otherwise agree. In violation
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1 cases, the county or municipality shall pay for due process
2 services that are approved by the court, including deposition
3 costs, deposition transcript costs, investigative costs,
4 witness fees, expert witness costs, and interpreter costs. The
5 person charged with the violation shall be assessed a fee for
6 the services of a public defender and other costs and fees
7 paid by the county or municipality, which assessed fee may be
8 reduced to a lien, in all instances where the person enters a
9 plea or is found to be in violation or guilty of any count or
10 lesser included offense of the charge or companion case
11 charges, regardless of adjudication. The court shall determine
12 the amount of the obligation. The county or municipality may
13 recover assessed fees through collections court or as
14 otherwise permitted by law, and any recovered fees shall be
15 forwarded to the applicable county or municipality as
16 reimbursement.
17 (a) A contract for reimbursement on an hourly basis
18 shall require a county or municipality to reimburse the public
19 defender for services rendered at a negotiated rate not
20 exceeding of $50 per hour. If an hourly rate is specified in
21 the General Appropriations Act, that rate shall control.
22 (b) A contract for assigning one or more full-time
23 equivalent attorney positions to perform work on behalf of the
24 county or municipality shall assign one or more full-time
25 equivalent positions based on estimates by the public defender
26 of the number of hours required to handle the projected
27 workload. The full cost of each full-time equivalent attorney
28 position on an annual basis shall be the negotiated hourly
29 rate $50, or the amount specified in the General
30 Appropriations Act, multiplied by the legislative budget
31 request standard for available work hours for one full-time
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1 equivalent attorney position, or, in the absence of that
2 standard, 1,854 hours. The contract may provide for funding
3 full-time equivalent positions in one-quarter increments.
4 (c) Any payments received under pursuant to this
5 subsection shall be deposited into the Grants and Donations
6 Trust Fund within the Justice Administrative Commission for
7 use appropriation by the public defender Legislature.
8 (4) Unless expressly authorized by law or in the
9 General Appropriations Act, public defenders are prohibited
10 from spending state-appropriated funds on county funding
11 obligations under s. 14, Art. V of the State Constitution
12 beginning January 1, 2005. This includes expenditures on
13 communications services and facilities as defined in s.
14 29.008. This does not prohibit a public defender from spending
15 funds for these purposes in exceptional circumstances when
16 necessary to maintain operational continuity in the form of a
17 short-term advance pending reimbursement from the county. If a
18 public defender provides short-term advance funding for a
19 county responsibility as authorized by this subsection, the
20 public defender shall request full reimbursement from the
21 board of county commissioners prior to making the expenditure
22 or at the next meeting of the board of county commissioners
23 after the expenditure is made. The total of all short-term
24 advances authorized by this subsection shall not exceed 2
25 percent of the public defender's approved operating budget in
26 any given year. No short-term advances authorized by this
27 subsection shall be permitted until all reimbursements arising
28 from advance funding in the prior state fiscal year have been
29 received by the public defender. All reimbursement payments
30 received by the public defender shall be deposited into the
31 fund from which the expenditure was made General Revenue Fund.
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1 Notwithstanding the provisions of this subsection, the public
2 defender may expend funds for the purchase of computer
3 systems, including associated hardware and software, and for
4 personnel related to this function.
5 Section 7. Section 28.24, Florida Statutes, is amended
6 to read:
7 28.24 Service charges by clerk of the circuit
8 court.--The clerk of the circuit court may charge for services
9 rendered by the clerk's office in recording documents and
10 instruments and in performing the duties enumerated in amounts
11 not to exceed those specified in this section. Notwithstanding
12 any other provision of this section, the clerk of the circuit
13 court shall provide without charge to the state attorney,
14 public defender, and guardian ad litem, attorney ad litem, and
15 court-appointed counsel paid by the state, and to the
16 authorized staff acting on behalf of each, access to and a
17 copy of any public record, if the requesting party is entitled
18 by law to view the exempt or confidential record, as
19 maintained by and in the custody of the clerk of the circuit
20 court as provided in general law and the Florida Rules of
21 Judicial Administration. The clerk of the circuit court may
22 provide the requested public record in an electronic format in
23 lieu of a paper format when capable of being accessed by the
24 requesting entity.
25
26 Charges
27
28 (1) For examining, comparing, correcting, verifying,
29 and certifying transcripts of record in appellate proceedings,
30 prepared by attorney for appellant or someone else other than
31 clerk per page............................................4.50
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1 (2) For preparing, numbering, and indexing an original
2 record of appellate proceedings, per instrument...........3.00
3 (3) For certifying copies of any instrument in the
4 public records............................................1.50
5 (4) For verifying any instrument presented for
6 certification prepared by someone other than clerk, per page
7 ..........................................................3.00
8 (5)(a) For making copies by photographic process of
9 any instrument in the public records consisting of pages of
10 not more than 14 inches by 8 1/2 inches, per page........1.00
11 (b) For making copies by photographic process of any
12 instrument in the public records of more than 14 inches by 8
13 1/2 inches, per page.....................................5.00
14 (6) For making microfilm copies of any public records:
15 (a) 16 mm 100' microfilm roll....................37.50
16 (b) 35 mm 100' microfilm roll....................52.50
17 (c) Microfiche, per fiche.........................3.00
18 (7) For copying any instrument in the public records
19 by other than photographic process, per page..............6.00
20 (8) For writing any paper other than herein
21 specifically mentioned, same as for copying, including signing
22 and sealing...............................................6.00
23 (9) For indexing each entry not recorded..........1.00
24 (10) For receiving money into the registry of court:
25 (a)1. First $500, percent............................3
26 2. Each subsequent $100, percent...................1.5
27 (b) Eminent domain actions, per deposit........$150.00
28 (11) For examining, certifying, and recording plats
29 and for recording condominium exhibits larger than 14 inches
30 by 8 1/2 inches:
31 (a) First page...................................30.00
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1 (b) Each additional page.........................15.00
2 (12) For recording, indexing, and filing any
3 instrument not more than 14 inches by 8 1/2 inches, including
4 required notice to property appraiser where applicable:
5 (a) First page or fraction thereof................5.00
6 (b) Each additional page or fraction thereof......4.00
7 (c) For indexing instruments recorded in the official
8 records which contain more than four names, per additional
9 name......................................................1.00
10 (d) An additional service charge shall be paid to the
11 clerk of the circuit court to be deposited in the Public
12 Records Modernization Trust Fund for each instrument listed in
13 s. 28.222, except judgments received from the courts and
14 notices of lis pendens, recorded in the official records:
15 1. First page.....................................1.00
16 2. Each additional page...........................0.50
17
18 Said fund shall be held in trust by the clerk and used
19 exclusively for equipment and maintenance of equipment,
20 personnel training, and technical assistance in modernizing
21 the public records system of the office. In a county where the
22 duty of maintaining official records exists in an office other
23 than the office of the clerk of the circuit court, the clerk
24 of the circuit court is entitled to 25 percent of the moneys
25 deposited into the trust fund for equipment, maintenance of
26 equipment, training, and technical assistance in modernizing
27 the system for storing records in the office of the clerk of
28 the circuit court. The fund may not be used for the payment of
29 travel expenses, membership dues, bank charges,
30 staff-recruitment costs, salaries or benefits of employees,
31 construction costs, general operating expenses, or other costs
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1 not directly related to obtaining and maintaining equipment
2 for public records systems or for the purchase of furniture or
3 office supplies and equipment not related to the storage of
4 records. On or before December 1, 1995, and on or before
5 December 1 of each year immediately preceding each year during
6 which the trust fund is scheduled for legislative review under
7 s. 19(f)(2), Art. III of the State Constitution, each clerk of
8 the circuit court shall file a report on the Public Records
9 Modernization Trust Fund with the President of the Senate and
10 the Speaker of the House of Representatives. The report must
11 itemize each expenditure made from the trust fund since the
12 last report was filed; each obligation payable from the trust
13 fund on that date; and the percentage of funds expended for
14 each of the following: equipment, maintenance of equipment,
15 personnel training, and technical assistance. The report must
16 indicate the nature of the system each clerk uses to store,
17 maintain, and retrieve public records and the degree to which
18 the system has been upgraded since the creation of the trust
19 fund.
20 (e) An additional service charge of $4 per page shall
21 be paid to the clerk of the circuit court for each instrument
22 listed in s. 28.222, except judgments received from the courts
23 and notices of lis pendens, recorded in the official records.
24 From the additional $4 service charge collected:
25 1. If the counties maintain legal responsibility for
26 the costs of the court-related technology needs as defined in
27 s. 29.008(1)(f)2. and (h), 10 cents shall be distributed to
28 the Florida Association of Court Clerks and Comptroller, Inc.,
29 for the cost of development, implementation, operation, and
30 maintenance of the clerks' Comprehensive Case Information
31 System, in which system all clerks shall participate on or
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1 before January 1, 2006; $1.90 shall be retained by the clerk
2 to be deposited in the Public Records Modernization Trust Fund
3 and used exclusively for funding court-related technology
4 needs of the clerk as defined in s. 29.008(1)(f)2. and (h);
5 and $2 shall be distributed to the board of county
6 commissioners to be used exclusively to fund court-related
7 technology, and court technology needs as defined in s.
8 29.008(1)(f)2. and (h) for the state trial courts, state
9 attorney, and public defender in that county. If the counties
10 maintain legal responsibility for the costs of the
11 court-related technology needs as defined in s. 29.008(1)(f)2.
12 and (h), notwithstanding any other provision of law, the
13 county is not required to provide additional funding beyond
14 that provided herein for the court-related technology needs of
15 the clerk as defined in s. 29.008(1)(f)2. and (h). All court
16 records and official records are the property of the State of
17 Florida, including any records generated as part of the
18 Comprehensive Case Information System funded pursuant to this
19 paragraph and the clerk of court is designated as the
20 custodian of such records, except that in a county where the
21 duty of maintaining official records exists in a county office
22 other than the clerk of court, such county office is
23 designated the custodian of all official records, and the
24 Clerk of Court is designated the Custodian of all court
25 records. The clerk of court or any entity acting on behalf of
26 the clerk of court, including an association, shall not charge
27 a fee to any agency as defined in s. 119.011, the Legislature,
28 or the State Court System for copies of records generated by
29 the Comprehensive Case Information System or held by the clerk
30 of court or any entity acting on behalf of the clerk of court,
31 including an association.
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1 2. If the state becomes legally responsible for the
2 costs of court-related technology needs as defined in s.
3 29.008(1)(f)2. and (h), whether by operation of general law or
4 by court order, $4 shall be remitted to the Department of
5 Revenue for deposit into the General Revenue Fund.
6 (13) Oath, administering, attesting, and sealing, not
7 otherwise provided for herein.............................3.00
8 (14) For validating certificates, any authorized
9 bonds, each...............................................3.00
10 (15) For preparing affidavit of domicile..........5.00
11 (16) For exemplified certificates, including signing
12 and sealing...............................................6.00
13 (17) For authenticated certificates, including signing
14 and sealing...............................................6.00
15 (18)(a) For issuing and filing a subpoena for a
16 witness, not otherwise provided for herein (includes writing,
17 preparing, signing, and sealing)..........................6.00
18 (b) For signing and sealing only..................1.50
19 (19) For approving bond...........................7.50
20 (20) For searching of records, for each year's search
21 ..........................................................1.50
22 (21) For processing an application for a tax deed sale
23 (includes application, sale, issuance, and preparation of tax
24 deed, and disbursement of proceeds of sale), other than excess
25 proceeds.................................................60.00
26 (22) For disbursement of excess proceeds of tax deed
27 sale, first $100 or fraction thereof.....................10.00
28 (23) Upon receipt of an application for a marriage
29 license, for preparing and administering of oath; issuing,
30 sealing, and recording of the marriage license; and providing
31 a certified copy.........................................30.00
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1 (24) For solemnizing matrimony...................30.00
2 (25) For sealing any court file or expungement of any
3 record...................................................37.50
4 (26)(a) For receiving and disbursing all restitution
5 payments, per payment.....................................3.00
6 (b) For receiving and disbursing all partial payments,
7 other than restitution payments, for which an administrative
8 processing service charge is not imposed pursuant to s.
9 28.246, per month.........................................5.00
10 (c) For setting up a payment plan, a one-time
11 administrative processing charge in lieu of a per month charge
12 under paragraph (b)......................................25.00
13 (27) Postal charges incurred by the clerk of the
14 circuit court in any mailing by certified or registered mail
15 shall be paid by the party at whose instance the mailing is
16 made.
17 (28) For furnishing an electronic copy of information
18 contained in a computer database: a fee as provided for in
19 chapter 119.
20 Section 8. Paragraph (a) of subsection (1) of section
21 28.2402, Florida Statutes, is amended to read:
22 28.2402 Cost recovery; use of the circuit court for
23 ordinance or special law violations.--
24 (1)(a) In lieu of payment of a filing fee under s.
25 28.241, a filing fee of $10 shall be paid by a county or
26 municipality when filing a county or municipal ordinance
27 violation or violation of a special law in circuit court. This
28 fee shall be paid to the clerk of the court for performing
29 court-related functions. A county or municipality is not
30 required to pay more than one filing fee for a single filing
31 that contains multiple alleged violations. A filing fee, other
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1 than that imposed under this section, may not be assessed for
2 initiating an enforcement proceeding in circuit court for a
3 violation of a county or municipal code or ordinance or a
4 violation of a special law. The filing fee does not apply to
5 violations of a local government code that are enforced under
6 part I of chapter 162. The filing fee does not apply to
7 instances in which a county or a municipality has contracted
8 with the state, or has been delegated by the state,
9 responsibility for enforcing state operations, policies, or
10 requirements under s. 125.69, s. 166.0415, or chapter 162.
11 Section 9. Subsection (2) of section 28.241, Florida
12 Statutes, is amended to read:
13 28.241 Filing fees for trial and appellate
14 proceedings.--
15 (2)(a) Upon the institution of any appellate
16 proceeding from any lower court to the circuit court of any
17 such county, including appeals filed by a county or
18 municipality as provided in s. 34.041(5), or from the circuit
19 court to an appellate court of the state, the clerk shall
20 charge and collect from the party or parties instituting such
21 appellate proceeding proceedings a filing fee not to exceed
22 $250 for filing a notice of appeal from the county court to
23 the circuit court. The clerk shall remit the first $50 to the
24 Department of Revenue for deposit into the General Revenue
25 Fund. One-third of the fee collected by the clerk in excess of
26 $50 also shall be remitted to the Department of Revenue for
27 deposit into the Clerks of the Court Trust Fund. and,
28 (b) In addition to the filing fee required under s.
29 25.241 or s. 35.22, the clerk shall collect and retain from
30 the party or parties instituting an appellate proceeding a
31 service charge of $75 $50 for filing a notice of appeal from
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1 the circuit court to the district court of appeal or to the
2 Supreme Court.
3
4 If the party is determined to be indigent, the clerk shall
5 defer payment of the fee and service charge under this
6 subsection. The clerk shall remit the first $50 to the
7 Department of Revenue for deposit into the General Revenue
8 Fund. One-third of the fee collected by the clerk in excess of
9 $50 also shall be remitted to the Department of Revenue for
10 deposit into the Clerks of the Court Trust Fund.
11 Section 10. Section 28.245, Florida Statutes, is
12 amended to read:
13 28.245 Transmittal of funds to Department of Revenue;
14 uniform remittance form required.--Notwithstanding any other
15 provision of law, all moneys collected by the clerks of the
16 court as part of the clerk's court-related functions for
17 subsequent distribution to any state entity must be
18 transmitted electronically, by the 20th day of the month
19 immediately following the month in which the moneys are
20 collected, to the Department of Revenue for appropriate
21 distribution. A uniform remittance form provided by the
22 Department of Revenue detailing the specific amounts due each
23 fund must accompany such submittal. All moneys collected by
24 the clerks of court for remittance to any entity must be
25 distributed pursuant to the law in effect at the time of
26 collection.
27 Section 11. Subsections (1) and (4) of section 28.246,
28 Florida Statutes, are amended to read:
29 28.246 Payment of court-related fees, charges, and
30 costs; partial payments; distribution of funds.--
31
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1 (1) Beginning July 1, 2003, the clerk of the circuit
2 court shall report the following information to the
3 Legislature and the Florida Clerks Clerk of Court Operations
4 Corporation Conference on a form developed by the Department
5 of Financial Services:
6 (a) The total amount of mandatory fees, service
7 charges, and costs; the total amount actually assessed; the
8 total amount discharged, waived, or otherwise not assessed;
9 and the total amount collected.
10 (b) The amount of discretionary fees, service charges,
11 and costs assessed; the total amount discharged; and the total
12 amount collected.
13 (c) The total amount of mandatory fines and other
14 monetary penalties; the total amount assessed; the total
15 amount discharged, waived, or otherwise not assessed; and the
16 total amount collected.
17 (d) The amount of discretionary fines and other
18 monetary penalties assessed; the amount discharged; and the
19 total amount collected.
20
21 If provided to the clerk of court by the judge, the clerk, in
22 reporting the amount assessed, shall separately identify the
23 amount assessed pursuant to s. 938.30 as community service;
24 assessed by reducing the amount to a judgment or lien;
25 satisfied by time served; or other. The form developed by the
26 Chief Financial Officer shall include separate entries for
27 recording these amounts. The clerk shall submit the report on
28 a quarterly basis 30 days after the end of the quarter for the
29 period from July 1, 2003, through June 30, 2004, and on an
30 annual basis thereafter, 60 days after the end of the county
31 fiscal year.
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1 (4) The clerk of the circuit court shall accept
2 partial payments for court-related fees, service charges,
3 costs, and fines in accordance with the terms of an
4 established payment plan. An individual seeking to defer
5 payment of fees, service charges, costs, or fines imposed by
6 operation of law or order of the court under any provision of
7 general law shall apply to the clerk for enrollment in a
8 payment plan. The clerk shall enter into a payment plan with
9 an individual who the court determines is indigent for costs
10 and who demonstrates to the clerk an inability to pay
11 court-related fees, service charges, costs, or fines in full.
12 Periodic payment amounts shall correspond to the individual's
13 ability to pay. The court may review the reasonableness of the
14 payment plan, and determined by the court to be unable to make
15 payment in full, shall be enrolled by the clerk in a payment
16 program, with periodic payment amounts corresponding to the
17 individual's ability to pay.
18 Section 12. Section 28.345, Florida Statutes, is
19 amended to read:
20 28.345 Exemption from court-related fees and
21 charges.--Notwithstanding any other provision of this chapter
22 or law to the contrary, judges and those court staff acting on
23 behalf of judges, state attorneys, guardians ad litem,
24 attorneys ad litem, court-appointed private counsel, and
25 public defenders, acting in their official capacity, and state
26 agencies, are exempt from all court-related fees and charges
27 assessed by the clerks of the circuit courts.
28 Section 13. Paragraph (a) of subsection (3) of section
29 28.35, Florida Statutes, is amended to read:
30 28.35 Florida Clerks of Court Operations
31 Corporation.--
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1 (3)(a) The Clerks of Court Operations Corporation
2 shall certify to the President of the Senate, the Speaker of
3 the House of Representatives, the Chief Financial Officer, and
4 the Department of Revenue by October 15 of each year, the
5 amount of the proposed budget certified for each clerk; the
6 revenue projection supporting each clerk's budget; each clerk
7 eligible to retain some or all of the state's share of fines,
8 fees, service charges, and costs; the amount to be paid to
9 each clerk from the Clerks of the Court Trust Fund within the
10 Department of Revenue; the performance measures and standards
11 approved by the conference for each clerk; and the performance
12 of each clerk in meeting the performance standards. This
13 certification must also include a report of any additional
14 budget funding authority the corporation approves for a clerk
15 under s. 28.36(6), as well as the documentation required under
16 s. 28.36 relating to the factual basis for the approval.
17 Section 14. Paragraph (a) of subsection (3) of section
18 28.36, Florida Statutes, is amended, present subsection (6) of
19 that section is redesignated as subsection (7), and a new
20 subsection (6) is added to that section, to read:
21 28.36 Budget procedure.--There is hereby established a
22 budget procedure for the court-related functions of the clerks
23 of the court.
24 (3) Each proposed budget shall further conform to the
25 following requirements:
26 (a) On or before August 15 1 for each fiscal year
27 thereafter, the proposed budget shall be prepared, summarized,
28 and submitted by the clerk in each county to the Clerks of
29 Court Operations Corporation in the manner and form prescribed
30 by the corporation conference. The proposed budget must
31 provide detailed information on the anticipated revenues
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1 available and expenditures necessary for the performance of
2 the standard list of court-related functions of the clerk's
3 office developed pursuant to s. 28.35(4)(a) for the county
4 fiscal year beginning the following October 1.
5 (6) The Florida Clerks of Court Operations Corporation
6 may approve funding for a clerk of the court in excess of the
7 maximum annual budget amounts specified in this section if the
8 corporation finds that additional funding is necessary for the
9 clerk to perform the standard list of court-related functions
10 in s. 28.35(4)(a) and one of the following conditions exists:
11 (a) The additional funding is reasonable and necessary
12 to pay the cost of performing new or additional functions
13 required by changes in law or court rule;
14 (b) The additional funding is reasonable and necessary
15 to pay the additional costs required for the clerk to support
16 increases in the number of judges and other judicial resources
17 authorized by the Legislature; or
18 (c) The additional funding is reasonable and necessary
19 to satisfy court-related expenses incurred by the clerk which
20 result from increases in previously funded fixed expenses
21 outside the control of the clerk.
22
23 Before approving additional funding in excess of the maximum
24 annual budget amounts, as authorized by this subsection, the
25 corporation must document in detail the factual basis for the
26 approval. Within 30 days after approving additional funding,
27 the corporation shall notify the Chief Financial Officer of
28 the action and submit to him or her the documentation relating
29 to the factual basis for the approval.
30 Section 15. Subsection (6) of section 29.004, Florida
31 Statutes, is amended to read:
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1 29.004 State courts system.--For purposes of
2 implementing s. 14, Art. V of the State Constitution, the
3 elements of the state courts system to be provided from state
4 revenues appropriated by general law are as follows:
5 (6) Expert witnesses who not requested by any party
6 which are appointed by the court pursuant to an express grant
7 of statutory authority.
8 Section 16. Section 29.007, Florida Statutes, is
9 amended to read:
10 29.007 Court-appointed counsel.--For purposes of
11 implementing s. 14, Art. V of the State Constitution, the
12 elements of court-appointed counsel to be provided from state
13 revenues appropriated by general law are as follows:
14 (1) Private attorneys appointed by the court to handle
15 cases where the defendant is indigent and cannot be
16 represented by the public defender under ss. 27.42 and 27.53.
17 (2) Private attorneys appointed by the court to
18 represent indigents or other classes of litigants in civil
19 proceedings requiring court-appointed counsel in accordance
20 with state and federal constitutional guarantees and federal
21 and state statutes.
22 (3) Reasonable court reporting and transcription
23 services necessary to meet constitutional or statutory
24 requirements, including the cost of transcribing and copying
25 depositions of witnesses and the cost of foreign language and
26 sign-language interpreters and translators.
27 (4) Witnesses, including expert witnesses, summoned to
28 appear for an investigation, preliminary hearing, or trial in
29 a case when the witnesses are summoned on behalf of an
30 indigent, and any other expert witnesses approved by the
31 court.
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1 (5) Mental health professionals appointed pursuant to
2 s. 394.473 and required in a court hearing involving an
3 indigent, and mental health professionals appointed pursuant
4 to s. 916.115(2) and required in a court hearing involving an
5 indigent, and any other mental health professionals required
6 by law for the full adjudication of any civil case.
7 (6) Reasonable pretrial consultation fees and costs.
8 (7) Travel expenses reimbursable under s. 112.061
9 reasonably necessary in the performance of constitutional and
10 statutory responsibilities.
11
12 Subsections (3), (4), (5), (6), and (7) apply when
13 court-appointed counsel is appointed; when the litigant
14 retains, or is represented on a pro-bono basis by, a private
15 attorney and the court determines that the litigant is
16 indigent for costs; or when the litigant is acting pro se and
17 the court determines that the litigant is indigent for costs
18 at the trial or appellate level. This section applies in any
19 situation in which the court appoints counsel to protect a
20 litigant's due-process rights.
21 Section 17. Subsection (1) of section 29.008, Florida
22 Statutes, is amended to read:
23 29.008 County funding of court-related functions.--
24 (1) Counties are required by s. 14, Art. V of the
25 State Constitution to fund the cost of communications
26 services, existing radio systems, existing multiagency
27 criminal justice information systems, and the cost of
28 construction or lease, maintenance, utilities, and security of
29 facilities for the circuit and county courts, public
30 defenders' offices, state attorneys' offices, guardian ad
31 litem offices, and the offices of the clerks of the circuit
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1 and county courts performing court-related functions. For
2 purposes of this section, the term "circuit and county courts"
3 shall include the offices and staffing of the guardian ad
4 litem programs. The county designated under s. 35.05(1) as the
5 headquarters for each appellate district shall fund these
6 costs for the appellate division of the public defender's
7 office in that county. For purposes of implementing these
8 requirements, the term:
9 (a) "Facility" means reasonable and necessary
10 buildings and office space and appurtenant equipment and
11 furnishings, structures, real estate, easements, and related
12 interests in real estate, including, but not limited to, those
13 for the purpose of housing legal materials for use by the
14 general public and personnel, equipment, or functions of the
15 circuit or county courts, public defenders' offices, state
16 attorneys' offices, and court-related functions of the office
17 of the clerks of the circuit and county courts and all
18 storage. The term "facility" includes all wiring necessary for
19 court-reporting services. The term also includes access to
20 parking for such facilities in connection with such
21 court-related functions that may be available free or from a
22 private provider or a local government for a fee. The office
23 space provided by a county may not be less than the standards
24 for space allotment adopted by the Department of Management
25 Services, except that this requirement applies only to
26 facilities that are leased, or on which construction
27 commences, after June 30, 2003. County funding must include
28 physical modifications and improvements to all facilities as
29 are required for compliance with the Americans with
30 Disabilities Act. Upon mutual agreement of a county and the
31 affected entity in this paragraph, the office space provided
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1 by the county may vary from the standards for space allotment
2 adopted by the Department of Management Services. This section
3 applies only to facilities that are leased, or on which
4 construction commences, after June 30, 2003.
5 1. As of July 1, 2005, equipment and furnishings shall
6 be limited to that appropriate and customary for courtrooms,
7 hearing rooms, jury facilities, and other public areas in
8 courthouses and any other facility occupied by the courts,
9 state attorneys, and public defenders. Court-reporting
10 equipment in these areas or facilities is not a responsibility
11 of the county.
12 2. Equipment and furnishings under this paragraph in
13 existence and owned by counties on July 1, 2005, except for
14 that in the possession of the clerks, for areas other than
15 courtrooms, hearing rooms, jury facilities, and other public
16 areas in courthouses and any other facility occupied by the
17 courts, state attorneys, and public defenders, shall be
18 transferred to the state at no charge. This provision does not
19 apply to any communication services as defined in paragraph
20 (f).
21 (b) "Construction or lease" includes, but is not
22 limited to, all reasonable and necessary costs of the
23 acquisition or lease of facilities for all judicial officers,
24 staff, jurors, volunteers of a tenant agency, and the public
25 for the circuit and county courts, the public defenders'
26 offices, state attorneys' offices, and for performing the
27 court-related functions of the offices of the clerks of the
28 circuit and county courts. This includes expenses related to
29 financing such facilities and the existing and future cost and
30 bonded indebtedness associated with placing the facilities in
31 use.
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1 (c) "Maintenance" includes, but is not limited to, all
2 reasonable and necessary costs of custodial and groundskeeping
3 services and renovation and reconstruction as needed to
4 accommodate functions for the circuit and county courts, the
5 public defenders' offices, and state attorneys' offices and
6 for performing the court-related functions of the offices of
7 the clerks of the circuit and county court and for maintaining
8 the facilities in a condition appropriate and safe for the use
9 intended.
10 (d) "Utilities" means all electricity services for
11 light, heat, and power; natural or manufactured gas services
12 for light, heat, and power; water and wastewater services and
13 systems, stormwater or runoff services and systems, sewer
14 services and systems, all costs or fees associated with these
15 services and systems, and any costs or fees associated with
16 the mitigation of environmental impacts directly related to
17 the facility.
18 (e) "Security" includes but is not limited to, all
19 reasonable and necessary costs of services of law enforcement
20 officers or licensed security guards and all electronic,
21 cellular, or digital monitoring and screening devices
22 necessary to ensure the safety and security of all persons
23 visiting or working in a facility; to provide for security of
24 the facility, including protection of property owned by the
25 county or the state; and for security of prisoners brought to
26 any facility. This includes bailiffs while providing courtroom
27 and other security for each judge and other quasi-judicial
28 officers.
29 (f) "Communications services" are defined as any
30 reasonable and necessary transmission, emission, and reception
31 of signs, signals, writings, images, and sounds of
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1 intelligence of any nature by wire, radio, optical, audio
2 equipment, or other electromagnetic systems and includes all
3 facilities and equipment owned, leased, or used by judges,
4 clerks, public defenders, state attorneys, and all staff of
5 the state courts system, state attorneys' offices, public
6 defenders' offices, and clerks of the circuit and county
7 courts performing court-related functions. Such system or
8 services shall include, but not be limited to:
9 1. Telephone system infrastructure, including computer
10 lines, telephone switching equipment, and maintenance, and
11 facsimile equipment, wireless communications, cellular
12 telephones, pagers, and video teleconferencing equipment and
13 line charges. Each county shall continue to provide access to
14 a local carrier for local and long distance service and shall
15 pay toll charges for local and long distance service.
16 2. All computer networks, systems and equipment,
17 including computer hardware and software, modems, printers,
18 wiring, network connections, maintenance, support staff or
19 services including any county-funded support staff located in
20 the offices of the circuit court, county courts, state
21 attorneys, and public defenders, training, supplies, and line
22 charges necessary for an integrated computer system to support
23 the operations and management of the state courts system, the
24 offices of the public defenders, the offices of the state
25 attorneys, and the offices of the clerks of the circuit and
26 county courts and the capability to connect those entities and
27 reporting data to the state as required for the transmission
28 of revenue, performance accountability, case management, data
29 collection, budgeting, and auditing purposes. The integrated
30 computer system shall be operational by July 1, 2006, and, at
31 a minimum, permit the exchange of financial, performance
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1 accountability, case management, case disposition, and other
2 data across multiple state and county information systems
3 involving multiple users at both the state level and within
4 each judicial circuit and be able to electronically exchange
5 judicial case background data, sentencing scoresheets, and
6 video evidence information stored in integrated case
7 management systems over secure networks. Once the integrated
8 system becomes operational, counties may reject requests to
9 purchase communication services included in this subparagraph
10 not in compliance with standards, protocols, or processes
11 adopted by the board established pursuant to s. 29.0086.
12 3. Courier messenger and subpoena services.
13 4. Auxiliary aids and services for qualified
14 individuals with a disability which are necessary to ensure
15 access to the courts. Such auxiliary aids and services
16 include, but are not limited to, sign language interpretation
17 services required under the federal Americans with
18 Disabilities Act other than services required to satisfy due
19 process requirements and identified as a state funding
20 responsibility pursuant to ss. 29.004, 29.005, 29.006, and
21 29.007, real-time transcription services for individuals who
22 are hearing impaired, and assistive listening devices and the
23 equipment necessary to implement such accommodations.
24 (g) "Existing radio systems" includes, but is not
25 limited to, law enforcement radio systems that are used by the
26 circuit and county courts, the offices of the public
27 defenders, the offices of the state attorneys, and for
28 court-related functions of the offices of the clerks of the
29 circuit and county courts. This includes radio systems that
30 were operational or under contract at the time Revision No. 7,
31 1998, to Art. V of the State Constitution was adopted and any
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1 enhancements made thereafter, the maintenance of those
2 systems, and the personnel and supplies necessary for
3 operation.
4 (h) "Existing multiagency criminal justice information
5 systems" includes, but is not limited to, those components of
6 the multiagency criminal justice information system as defined
7 in s. 943.045, supporting the offices of the circuit or county
8 courts, the public defenders' offices, the state attorneys'
9 offices, or those portions of the offices of the clerks of the
10 circuit and county courts performing court-related functions
11 that are used to carry out the court-related activities of
12 those entities. This includes upgrades and maintenance of the
13 current equipment, maintenance and upgrades of supporting
14 technology infrastructure and associated staff, and services
15 and expenses to assure continued information sharing and
16 reporting of information to the state. The counties shall also
17 provide additional information technology services, hardware,
18 and software as needed for new judges and staff of the state
19 courts system, state attorneys' offices, public defenders'
20 offices, and the offices of the clerks of the circuit and
21 county courts performing court-related functions.
22 Section 18. Subsection (2) of section 29.015, Florida
23 Statutes, is amended to read:
24 29.015 Contingency fund; limitation of authority to
25 transfer funds in contracted due process services
26 appropriation categories.--
27 (2) In the event that a state attorney or public
28 defender incurs a deficit in a contracted due process services
29 appropriation category, the following steps shall be taken in
30 order:
31
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1 (a) The state attorney or public defender shall first
2 attempt to identify surplus funds from other appropriation
3 categories within his or her office and submit a budget
4 amendment pursuant to chapter 216 to transfer funds from
5 within the office.
6 (b) In the event that the state attorney or public
7 defender is unable to identify surplus funds from within his
8 or her office, he or she shall certify this to the Justice
9 Administrative Commission along with a complete explanation of
10 the circumstances which led to the deficit and steps the
11 office has taken to reduce or alleviate the deficit. The
12 Justice Administrative Commission shall inquire as to whether
13 any other office has surplus funds in its contracted due
14 process services appropriation categories which can be
15 transferred to the office that is experiencing the deficit. If
16 other offices indicate that surplus funds are available within
17 the same appropriation category, the Justice Administrative
18 Commission shall transfer the amount needed to fund the
19 deficit and notify the Governor and the chair and vice chair
20 of the legislative budget commission 14 days prior to a
21 transfer pursuant to the notice, review, and objection
22 provisions of s. 216.177. If funds appropriated for this
23 purpose are available in a different budget entity, the
24 Justice Administrative Commission shall request a budget
25 amendment pursuant to chapter 216 request a budget amendment
26 to transfer funds from the office or offices to alleviate the
27 deficit upon agreement of the contributing office or offices.
28 (c) If no office indicates that surplus funds are
29 available to alleviate the deficit, the Justice Administrative
30 Commission may request a budget amendment to transfer funds
31 from the contingency fund. Such transfers shall be in
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1 accordance with all applicable provisions of chapter 216 and
2 shall be subject to review and approval by the Legislative
3 Budget Commission. The Justice Administrative Commission shall
4 submit the documentation provided by the office explaining the
5 circumstances that led to the deficit and the steps taken by
6 the office and the Justice Administrative Commission to
7 identify surplus funds to the Legislative Budget Commission.
8 Section 19. Section 29.018, Florida Statutes, is
9 amended to read:
10 29.018 Cost sharing of due-process due process costs;
11 legislative intent.--It is the intent of the Legislature to
12 provide state-funded due-process due process services to the
13 state courts system, state attorneys, public defenders, and
14 court-appointed counsel in the most cost-effective and
15 efficient manner. The state courts system, state attorneys,
16 public defenders, and the Justice Administrative Commission on
17 behalf of court-appointed counsel may enter into contractual
18 agreements to share, on a pro rata basis, the costs associated
19 with court reporting services, court interpreter and
20 translation services, court experts, and all other due-process
21 due process services funded by the state pursuant to this
22 chapter. These costs shall be budgeted within the funds
23 appropriated to each of the affected users of services.
24 Section 20. Section 29.0185, Florida Statutes, is
25 created to read:
26 29.0185 Provision of state-funded due-process services
27 to individuals.--Due-process services may not be provided with
28 state revenues to an individual unless:
29 (1) The individual on whose behalf the due-process
30 services are being provided is eligible for court-appointed
31 counsel under s. 27.40, based upon a determination of
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1 indigency under s. 27.52, regardless of whether such counsel
2 is appointed; and
3 (2) The due-process services are provided pursuant to
4 a court order.
5 Section 21. Subsection (1) of section 34.045, Florida
6 Statutes, is amended to read:
7 34.045 Cost recovery; use of the county court for
8 ordinance or special law violations.--
9 (1)(a) In lieu of payment of a filing fee under s.
10 34.041, a filing fee of $10 shall be paid by a county or
11 municipality when filing a violation of a county or municipal
12 ordinance or a violation of a special law in county court.
13 This fee shall be paid to the clerk of the court for
14 performing court-related functions. A county or municipality
15 is not required to pay more than one filing fee for a single
16 filing that contains multiple alleged violations. A filing
17 fee, other than that imposed under this section, may not be
18 assessed for initiating an enforcement proceeding in county
19 court for a violation of a county or municipal code or
20 ordinance or a violation of a special law. The filing fee
21 under this section does not apply to:
22 1. Violations of a local government code that are
23 enforced under part I of chapter 162;
24 2. Instances in which a county or a municipality has
25 contracted with the state, or has been delegated by the state,
26 responsibility for enforcing state operations, policies, or
27 requirements under s. 125.69, s. 166.0415, or chapter 162; or
28 3. Instances in which the filing of a violation of a
29 county or municipal code or ordinance or a violation of a
30 special law also includes a violation of state law.
31
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1 (b) No other filing fee may be assessed for filing the
2 violation in county court. If a person contests the violation
3 in court, the court shall assess $40 in costs against the
4 nonprevailing party. The county or municipality shall be
5 considered the prevailing party when there is a plea or
6 finding of violation or guilt to any count or lesser included
7 offense of the charge or companion case charges, regardless of
8 adjudication. Costs Cost recovered pursuant to this paragraph
9 shall be deposited into the clerk's fine and forfeiture fund
10 established pursuant to s. 142.01.
11 (c) If the person does not contest the violation in
12 court, or if the county or municipality is the prevailing
13 party, the court shall assess the person or nonprevailing
14 party $10 for the filing fee provided in paragraph (a), which
15 amount shall be forwarded to the county or municipality.
16 Section 22. Section 34.191, Florida Statutes, is
17 amended to read:
18 34.191 Fines and forfeitures; dispositions.--
19 (1) All fines and forfeitures arising from offenses
20 tried in the county court shall be collected and accounted for
21 by the clerk of the court and, other than the charge provided
22 in s. 318.1215, disbursed in accordance with ss. 28.2402,
23 34.045, 142.01, and 142.03 142.13 and subject to the
24 provisions of s. 28.246(5) and (6). Notwithstanding the
25 provisions of this section, all fines and forfeitures arising
26 from operation of the provisions of s. 318.1215 shall be
27 disbursed in accordance with that section.
28 (2)(a) All fines and forfeitures received from
29 violations of municipal ordinances committed within a
30 municipality within the territorial jurisdiction of the county
31 court, other than the charge provided in s. 318.1215, shall be
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1 paid monthly to the municipality except as provided in s.
2 28.2402(2), s. 34.045(2), s. 318.21, or s. 943.25.
3 (b) Notwithstanding paragraph (a), all fines and
4 forfeitures arising from offenses committed within an
5 unincorporated area of a municipality having a consolidated
6 government under s. 6(e), Art. VIII of the State Constitution
7 shall be paid monthly to the clerk of the county court.
8 (3) All other fines and forfeitures collected by the
9 clerk, other than the charge provided in s. 318.1215, shall be
10 considered income of the office of the clerk for use in
11 performing court-related duties of the office.
12 Section 23. Subsection (3) of section 39.0132, Florida
13 Statutes, is amended to read:
14 39.0132 Oaths, records, and confidential
15 information.--
16 (3) The clerk shall keep all court records required by
17 this chapter separate from other records of the circuit court.
18 All court records required by this chapter shall not be open
19 to inspection by the public. All records shall be inspected
20 only upon order of the court by persons deemed by the court to
21 have a proper interest therein, except that, subject to the
22 provisions of s. 63.162, a child and the parents of the child
23 and their attorneys, guardian ad litem, law enforcement
24 agencies, and the department and its designees shall always
25 have the right to inspect and copy any official record
26 pertaining to the child. The Justice Administrative Commission
27 may inspect court records required by this chapter as
28 necessary to audit compensation of court-appointed attorneys.
29 The court may permit authorized representatives of recognized
30 organizations compiling statistics for proper purposes to
31 inspect and make abstracts from official records, under
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1 whatever conditions upon their use and disposition the court
2 may deem proper, and may punish by contempt proceedings any
3 violation of those conditions.
4 Section 24. Subsection (1) of section 39.821, Florida
5 Statutes, is amended to read:
6 39.821 Qualifications of guardians ad litem.--
7 (1) Because of the special trust or responsibility
8 placed in a guardian ad litem, the Guardian Ad Litem Program
9 may use any private funds collected by the program, or any
10 state funds so designated, to conduct a security background
11 investigation before certifying a volunteer to serve. A
12 security background investigation must include, but need not
13 be limited to, employment history checks, checks of
14 references, local criminal records checks through local law
15 enforcement agencies, and statewide criminal records checks
16 through the Department of Law Enforcement. Upon request, an
17 employer shall furnish a copy of the personnel record for the
18 employee or former employee who is the subject of a security
19 background investigation conducted under this section. The
20 information contained in the personnel record may include, but
21 need not be limited to, disciplinary matters and the reason
22 why the employee was terminated from employment. An employer
23 who releases a personnel record for purposes of a security
24 background investigation is presumed to have acted in good
25 faith and is not liable for information contained in the
26 record without a showing that the employer maliciously
27 falsified the record. A security background investigation
28 conducted under this section must ensure that a person is not
29 certified as a guardian ad litem if the person has been
30 convicted of, regardless of adjudication, or entered a plea of
31 nolo contendere or guilty to, any offense prohibited under the
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1 provisions of the Florida Statutes specified in s. 435.04(2)
2 or under any similar law in another jurisdiction. Before
3 certifying an applicant to serve as a guardian ad litem, the
4 Guardian Ad Litem Program chief judge of the circuit court may
5 request a federal criminal records check of the applicant
6 through the Federal Bureau of Investigation. In analyzing and
7 evaluating the information obtained in the security background
8 investigation, the program must give particular emphasis to
9 past activities involving children, including, but not limited
10 to, child-related criminal offenses or child abuse. The
11 program has the sole discretion in determining whether to
12 certify a person based on his or her security background
13 investigation. The information collected pursuant to the
14 security background investigation is confidential and exempt
15 from s. 119.07(1).
16 Section 25. Section 39.822, Florida Statutes, is
17 amended to read:
18 39.822 Appointment of guardian ad litem for abused,
19 abandoned, or neglected child.--
20 (1) A guardian ad litem shall be appointed by the
21 court at the earliest possible time to represent the child in
22 any child abuse, abandonment, or neglect judicial proceeding,
23 whether civil or criminal. Any person participating in a civil
24 or criminal judicial proceeding resulting from such
25 appointment shall be presumed prima facie to be acting in good
26 faith and in so doing shall be immune from any liability,
27 civil or criminal, that otherwise might be incurred or
28 imposed.
29 (2) In those cases in which the parents are
30 financially able, the parent or parents of the child shall
31 reimburse the court, in part or in whole, for the cost of
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1 provision of guardian ad litem services. Reimbursement to the
2 individual providing guardian ad litem services shall not be
3 contingent upon successful collection by the court from the
4 parent or parents.
5 (3) Upon presentation by a guardian ad litem of a
6 court order appointing the guardian ad litem:
7 (a) An agency, defined in chapter 119, shall allow the
8 guardian ad litem to inspect and copy records related to the
9 best interests of the child who is the subject of the
10 appointment, including, but not limited to, confidential and
11 exempt records. The guardian ad litem shall maintain the
12 confidential and exempt status of any records shared by an
13 agency under this paragraph.
14 (b) A person or organization, other than an agency
15 under paragraph (a), shall allow the guardian ad litem to
16 inspect and copy records related to the best interests of the
17 child who is the subject of the appointment.
18
19 For the purposes of this subsection, the term "records related
20 to the best interests of the child" includes, but is not
21 limited to, medical, mental health, substance abuse, child
22 care, education, law enforcement, court, social services, and
23 financial records.
24 (4)(3) The guardian ad litem or the program
25 representative shall review all disposition recommendations
26 and changes in placements, and must be present at all critical
27 stages of the dependency proceeding or submit a written report
28 of recommendations to the court. Written reports must be filed
29 with the court and served on all parties whose whereabouts are
30 known at least 72 hours prior to the hearing.
31
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1 Section 26. Subsection (1) of section 40.29, Florida
2 Statutes, is amended to read:
3 40.29 Payment of due process costs.--
4 (1)(a) Each clerk of the circuit court, on behalf of
5 the courts, the state attorney, and the public defender, shall
6 forward to the Justice Administrative Commission, by county, a
7 quarterly estimate of funds necessary to pay for ordinary
8 witnesses, including, but not limited to, witnesses in civil
9 traffic cases and witnesses of the state attorney, public
10 defender, court-appointed counsel, and persons determined to
11 be indigent for costs except expert witnesses paid pursuant to
12 a contract or other professional services agreement, pursuant
13 to ss. 29.005 and 29.006. Each quarter of the state fiscal
14 year, the commission, based upon the estimates, shall advance
15 funds to each clerk to pay for these ordinary witnesses from
16 state funds specifically appropriated for the payment of
17 ordinary witnesses.
18 (b) Each clerk of the circuit court shall forward to
19 the Office of the State Courts Administrator, by county, a
20 quarterly estimate of funds necessary to pay juror
21 compensation.
22 Section 27. Section 40.355, Florida Statutes, is
23 created to read:
24 40.355 Accounting and payment to public defenders and
25 state attorneys.--The clerk of the court shall, within 2 weeks
26 after the last day of the state's quarterly fiscal period,
27 render to the state attorney and the public defender in each
28 circuit a full statement of accounts for moneys received and
29 disbursed under this chapter and, upon request of the state
30 attorney or public defender, shall refund to the state
31 attorney or public defender any balance in the clerk's hands.
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1 Section 28. Subsection (7) is added to section 43.16,
2 Florida Statutes, to read:
3 43.16 Justice Administrative Commission; membership,
4 powers and duties.--
5 (7) Chapter 120 does not apply to the Justice
6 Administrative Commission.
7 Section 29. Paragraph (b) of subsection (4) of section
8 44.102, Florida Statutes, is amended to read:
9 44.102 Court-ordered mediation.--
10 (4) The chief judge of each judicial circuit shall
11 maintain a list of mediators who have been certified by the
12 Supreme Court and who have registered for appointment in that
13 circuit.
14 (b) Nonvolunteer mediators shall be compensated
15 according to rules adopted by the Supreme Court. If a
16 mediation program is not funded pursuant to s. 44.108, a
17 mediator may be compensated by the county or by the parties.
18 When a party has been declared indigent or insolvent, that
19 party's pro rata share of a mediator's compensation shall be
20 paid by the county at the rate set by administrative order of
21 the chief judge of the circuit.
22 Section 30. Section 44.108, Florida Statutes, is
23 amended to read:
24 44.108 Funding of mediation and arbitration.--
25 (1) Mediation and arbitration should be accessible to
26 all parties regardless of financial status. A filing fee of $1
27 is levied on all proceedings in the circuit or county courts
28 to fund mediation and arbitration services which are the
29 responsibility of the Supreme Court pursuant to the provisions
30 of s. 44.106. The clerk of the court shall forward the moneys
31
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1 collected to the Department of Revenue for deposit in the
2 state courts' Mediation and Arbitration Trust Fund.
3 (2) When court-ordered mediation services are provided
4 by a circuit court's mediation program, the following fees,
5 unless otherwise established in the General Appropriations
6 Act, shall be collected by the clerk of court:
7 (a) Eighty dollars per person per scheduled session in
8 family mediation when the parties' combined income is greater
9 than $50,000, but less than $100,000 per year;
10 (b) Forty dollars per person per scheduled session in
11 family mediation when the parties' combined income is less
12 than $50,000; or
13 (c) Forty dollars per person per scheduled session in
14 county court cases.
15
16 No mediation fees shall be assessed under this subsection in
17 eviction cases, against a party found to be indigent, or for
18 any small claims action. Fees collected by the clerk of court
19 pursuant to this section shall be remitted to the Department
20 of Revenue for deposit into the state courts' Mediation and
21 Arbitration Trust Fund to fund court-ordered mediation. The
22 clerk of court may deduct $1 per fee assessment for processing
23 this fee. The clerk of the court shall submit to the chief
24 judge of the circuit, no later than 30 days after the end of
25 each quarter, a report specifying the amount of funds
26 collected under this section during each quarter of the fiscal
27 year.
28 Section 31. Section 57.082, Florida Statutes, is
29 created to read:
30 57.082 Determination of civil indigent status.--
31
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1 (1) APPLICATION TO THE CLERK.--A person seeking
2 appointment of a private attorney in a civil case eligible for
3 court-appointed counsel, or seeking relief from prepayment of
4 fees and costs under s. 57.081, based upon an inability to pay
5 must apply to the clerk of the court for a determination of
6 civil indigent status using an application form developed by
7 the Florida Clerks of Court Operations Corporation.
8 (a) The application must include, at a minimum, the
9 following financial information:
10 1. Net income, consisting of total salary and wages,
11 minus deductions required by law, including court-ordered
12 support payments.
13 2. Other income, including, but not limited to, social
14 security benefits, union funds, veterans' benefits, workers'
15 compensation, other regular support from absent family
16 members, public or private employee pensions, unemployment
17 compensation, dividends, interest, rent, trusts, and gifts.
18 3. Assets, including, but not limited to, cash,
19 savings accounts, bank accounts, stocks, bonds, certificates
20 of deposit, equity in real estate, and equity in a boat or a
21 motor vehicle or in other tangible property.
22 4. All liabilities and debts.
23
24 The application must include a signature by the applicant
25 which attests to the truthfulness of the information provided.
26 The application form developed by the corporation must include
27 notice that the applicant may seek court review of a clerk's
28 determination that the applicant is not indigent, as provided
29 in this section.
30 (b) The clerk shall assist a person who appears before
31 the clerk and requests assistance in completing the
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1 application, and the clerk shall notify the court if a person
2 is unable to complete the application after the clerk has
3 provided assistance.
4 (c) The clerk shall accept an application that is
5 signed by the applicant and submitted on his or her behalf by
6 a private attorney who is representing the applicant in the
7 applicable matter.
8 (2) DETERMINATION BY THE CLERK.--The clerk of the
9 court shall determine whether an applicant seeking such
10 designation is indigent based upon the information provided in
11 the application and the criteria prescribed in this
12 subsection.
13 (a)1. An applicant, including an applicant who is a
14 minor or an adult tax-dependent person, is indigent if the
15 applicant's income is equal to or below 200 percent of the
16 then-current federal poverty guidelines prescribed for the
17 size of the household of the applicant by the United States
18 Department of Health and Human Services.
19 2. There is a presumption that the applicant is not
20 indigent if the applicant owns, has equity in, or has the
21 expectancy of any interest in any intangible or tangible
22 personal property or real property having a net equity value
23 of $2,500 or more, excluding the value of the person's
24 homestead and one vehicle having a net value not exceeding
25 $5,000.
26 (b) Based upon its review, the clerk shall make one of
27 the following determinations:
28 1. The applicant is not indigent.
29 2. The applicant is indigent.
30
31
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1 (c) If the clerk determines that the applicant is
2 indigent, the clerk shall immediately file the determination
3 in the case record.
4 (d) The duty of the clerk in determining whether an
5 applicant is indigent, is limited to receiving the application
6 and comparing the information provided in the application to
7 the criteria prescribed in this subsection. The determination
8 of indigent status is a ministerial act of the clerk and may
9 not be based on further investigation or the exercise of
10 independent judgment by the clerk. The clerk may contract with
11 third parties to perform functions assigned to the clerk under
12 this section.
13 (e) The applicant may seek review of the clerk's
14 determination that the applicant is not indigent in the court
15 having jurisdiction over the matter by filing a petition to
16 review the clerk's determination of nonindigent status for
17 which a filing fee may not be charged. If the applicant seeks
18 review of the clerk's determination of indigent status, the
19 court shall make a final determination as provided in
20 subsection (4).
21 (3) APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.--If
22 the clerk of the court has not made a determination of
23 indigent status at the time a person requests appointment of a
24 private attorney in a civil case eligible for court-appointed
25 counsel, the court shall make a preliminary determination of
26 indigent status, pending further review by the clerk, and may,
27 by court order, appoint private counsel on an interim basis.
28 (4) REVIEW OF THE CLERK'S DETERMINATION.--
29 (a) If the clerk of the court determines that the
30 applicant is not indigent, and the applicant seeks review of
31 the clerk's determination, the court shall make a final
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1 determination of indigent status by reviewing the information
2 provided in the application against the criteria prescribed in
3 subsection (2) and by considering the following additional
4 factors:
5 1. Whether paying for private counsel or other fees
6 and costs creates a substantial hardship for the applicant or
7 the applicant's family.
8 2. Whether the applicant is proceeding pro se or is
9 represented by a private attorney for a fee or on a pro-bono
10 basis.
11 3. When the applicant retained private counsel.
12 4. The amount of any attorney's fees and who is paying
13 the fees.
14 5. Any other relevant financial circumstances of the
15 applicant or the applicant's family.
16 (b) Based upon its review, the court shall make one of
17 the following determinations and shall, if appropriate,
18 appoint private counsel:
19 1. The applicant is not indigent.
20 2. The applicant is indigent.
21 (5) PROCESSING CHARGE; PAYMENT PLANS.--
22 (a) A person who the clerk or the court determines is
23 indigent for civil proceedings under this section shall, upon
24 the request of the party, be enrolled in a payment plan under
25 s. 28.246 and shall be charged a one-time administrative
26 processing charge under s. 28.24(26)(c). A monthly payment
27 amount, calculated based upon all fees and all anticipated
28 costs, is presumed to correspond to the person's ability to
29 pay if it does not exceed 2 percent of the person's annual net
30 income, as defined in subsection (1), divided by 12. The
31 person may seek review of the clerk's decisions regarding a
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1 payment plan established under s. 28.246 in the court having
2 jurisdiction over the matter. A case may not be delayed in
3 filing or delayed in its progress, including the final hearing
4 and order, due to nonpayment of any fees by an indigent
5 person.
6 (b) Notwithstanding paragraph (a), a person who the
7 clerk or the court determines is indigent is entitled to the
8 waiver of all costs for the services listed in s. 57.081 if
9 that person's income is equal to or below 150 percent of the
10 then-current federal poverty guidelines prescribed for the
11 size of the household of the applicant by the United States
12 Department of Health and Human Services or if the person is
13 receiving Temporary Assistance for Needy Families-Cash
14 Assistance, poverty-related veterans' benefits, or
15 Supplemental Security Income (SSI).
16 (6) FINANCIAL DISCREPANCIES; FRAUD; FALSE
17 INFORMATION.--
18 (a) If the court learns of discrepancies between the
19 application and the actual financial status of the person
20 found to be indigent, the court shall determine whether the
21 status and any relief provided as a result of that status
22 shall be revoked. The person may be heard regarding the
23 information learned by the court. If the court, based on the
24 information, determines that the person is not indigent, the
25 court shall revoke the provision of any relief under this
26 section.
27 (b) If the court has reason to believe that any
28 applicant, through fraud or misrepresentation, was improperly
29 determined to be indigent, the matter shall be referred to the
30 state attorney. Twenty-five percent of any amount recovered by
31 the state attorney as reasonable value of the services
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1 rendered, including fees, charges, and costs paid by the state
2 on the person's behalf, shall be remitted to the Department of
3 Revenue for deposit into the Grants and Donations Trust Fund
4 within the Justice Administrative Commission for appropriation
5 by the Legislature to the state attorney. Seventy-five percent
6 of any amount recovered shall be remitted to the Department of
7 Revenue for deposit into the General Revenue Fund.
8 (c) A person who knowingly provides false information
9 to the clerk or the court in seeking a determination of
10 indigent status under this section commits a misdemeanor of
11 the second degree, punishable as provided in s. 775.082 or s.
12 775.083.
13 Section 32. Section 61.1828, Florida Statutes, is
14 created to read:
15 61.1828 Court and witness fees non-Title IV-D cases;
16 bond.--
17 (1) A non-Title IV-D county child support enforcement
18 agency or an authorized agent thereof is entitled to the
19 necessary services of the clerk and court reporter in any
20 proceedings brought to enforce child support orders or to
21 otherwise collect child support on behalf of eligible county
22 residents, including contempt proceedings. Fees for such court
23 reporter or clerk services may not be charged against the
24 agency or agency's client. A bond is not required of the
25 agency for any action taken to enforce child support orders or
26 to otherwise collect child support on behalf of eligible
27 county residents, except by order of the court. This
28 subsection does not prevent the depository from charging and
29 collecting fees for services rendered.
30 (2) Notwithstanding s. 28.241, each clerk of the
31 circuit court shall accept petitions, complaints, and motions
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1 filed by a non-Title IV-D county child support enforcement
2 agency or an authorized agent thereof in non-Title IV-D cases
3 and may not collect any fees from the non-Title IV-D county
4 child support enforcement agency or the agency's client.
5 (3) Witness fees may not be paid to any party to a
6 petition or complaint or to any parent or legal custodian of a
7 dependent child described in a petition or complaint filed by
8 a non-Title IV-D county child support enforcement agency or an
9 authorized agent thereof.
10 (4) As used in this section, the term "non-Title IV-D
11 county child support enforcement agency" has the same meaning
12 as in s. 61.1827(3).
13 Section 33. Subsection (1) of section 92.142, Florida
14 Statutes, is amended to read:
15 92.142 Witnesses; pay.--
16 (1) Witnesses in all cases, civil and criminal, in all
17 courts, now or hereafter created, and witnesses summoned
18 before any arbitrator or general or special magistrate
19 appointed by the court shall receive for each day's actual
20 attendance $5 and also 6 cents per mile for actual distance
21 traveled to and from the courts. A witness in a criminal case
22 required to appear in a county other than the county of his or
23 her residence and residing more than 50 miles from the
24 location of the trial shall be entitled to per diem and travel
25 expenses at the same rate provided for state employees under
26 s. 112.061, in lieu of any other witness fee at the discretion
27 of the court.
28 Section 34. Subsection (1) of section 116.01, Florida
29 Statutes, is amended to read:
30 116.01 Payment of public funds into treasury.--
31
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1 (1) Every state and county officer within this state
2 authorized to collect funds due the state or county shall pay
3 all sums officially received by the officer into the state or
4 county treasury not later than 7 working days from the close
5 of the week in which the officer received the funds. Funds
6 received by the county officer on behalf of the state shall be
7 deposited directly to the account of the State Treasury not
8 later than 7 working days from the close of the week in which
9 the officer received the funds. The clerk of the court, when
10 collecting funds as part of the clerk's court-related
11 functions, must remit those funds as required under s. 28.245.
12 Section 35. Paragraph (gg) of subsection (6) of
13 section 119.07, Florida Statutes, is amended to read:
14 119.07 Inspection and copying of records;
15 photographing public records; fees; exemptions.--
16 (6)
17 (gg)1. Until January 1, 2007 2006, if a social
18 security number, made confidential and exempt pursuant to s.
19 119.0721, created pursuant to s. 1, ch. 2002-256, passed
20 during the 2002 regular legislative session, or a complete
21 bank account, debit, charge, or credit card number made exempt
22 pursuant to paragraph (dd), created pursuant to s. 1, ch.
23 2002-257, passed during the 2002 regular legislative session,
24 is or has been included in a court file, such number may be
25 included as part of the court record available for public
26 inspection and copying unless redaction is requested by the
27 holder of such number, or by the holder's attorney or legal
28 guardian, in a signed, legibly written request specifying the
29 case name, case number, document heading, and page number. The
30 request must be delivered by mail, facsimile, electronic
31 transmission, or in person to the clerk of the circuit court.
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1 The clerk of the circuit court does not have a duty to inquire
2 beyond the written request to verify the identity of a person
3 requesting redaction. A fee may not be charged for the
4 redaction of a social security number or a bank account,
5 debit, charge, or credit card number pursuant to such request.
6 2. Any person who prepares or files a document to be
7 recorded in the official records by the county recorder as
8 provided in chapter 28 may not include a person's social
9 security number or complete bank account, debit, charge, or
10 credit card number in that document unless otherwise expressly
11 required by law. Until January 1, 2007 2006, if a social
12 security number or a complete bank account, debit, charge or
13 credit card number is or has been included in a document
14 presented to the county recorder for recording in the official
15 records of the county, such number may be made available as
16 part of the official record available for public inspection
17 and copying. Any person, or his or her attorney or legal
18 guardian, may request that a county recorder remove from an
19 image or copy of an official record placed on a county
20 recorder's publicly available Internet website, or a publicly
21 available Internet website used by a county recorder to
22 display public records outside the office or otherwise made
23 electronically available outside the county recorder's office
24 to the general public, his or her social security number or
25 complete account, debit, charge, or credit card number
26 contained in that official record. Such request must be
27 legibly written, signed by the requester, and delivered by
28 mail, facsimile, electronic transmission, or in person to the
29 county recorder. The request must specify the identification
30 page number of the document that contains the number to be
31 redacted. The county recorder does not have a duty to inquire
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1 beyond the written request to verify the identity of a person
2 requesting redaction. A fee may not be charged for redacting
3 such numbers.
4 3. Upon the effective date of this act, subsections
5 (3) and (4) of s. 119.0721, do not apply to the clerks of the
6 court or the county recorder with respect to circuit court
7 records and official records.
8 4. On January 1, 2007 2006, and thereafter, the clerk
9 of the circuit court and the county recorder must keep
10 complete bank account, debit, charge, and credit card numbers
11 exempt as provided for in paragraph (dd), and must keep social
12 security numbers confidential and exempt as provided for in s.
13 119.0721, without any person having to request redaction.
14 Section 36. Section 142.01, Florida Statutes, is
15 amended to read:
16 142.01 Fine and forfeiture fund; clerk of the circuit
17 court.--There shall be established by the clerk of the circuit
18 court in each county of this state a separate fund to be known
19 as the fine and forfeiture fund for use by the clerk of the
20 circuit court in performing court-related functions. The fund
21 shall consist of the following:
22 (1) Fines and penalties pursuant to ss. 28.2402(2),
23 34.045(2), 316.193, 327.35, 327.72, 372.72(1), and 775.083(1).
24 (2) That portion of civil penalties directed to this
25 fund pursuant to s. 318.21.
26 (3) Court costs pursuant to ss. 28.2402(1)(b),
27 34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
28 (11)(a), and 938.05(3).
29 (4) Proceeds from forfeited bail bonds, unclaimed
30 bonds, unclaimed moneys, or recognizances pursuant to ss.
31 321.05(4)(a), 372.72(1), and 903.26(3)(a).
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1 (5) Fines and forfeitures pursuant to s. 34.191.
2 (6) All other revenues received by the clerk as
3 revenue authorized by law to be retained by the clerk.
4
5 Notwithstanding the provisions of this section, all fines and
6 forfeitures arising from operation of the provisions of s.
7 318.1215 shall be disbursed in accordance with that section.
8 Section 37. Subsection (5) is added to section 213.13,
9 Florida Statutes, to read:
10 213.13 Electronic remittance and distribution of funds
11 collected by clerks of the court.--
12 (5) All court-related collections, including fees,
13 fines, reimbursements, court costs, and other court-related
14 funds that the clerks must remit to the state pursuant to law,
15 must be transmitted electronically by the 20th day of the
16 month immediately following the month in which the funds are
17 collected.
18 Section 38. Section 219.07, Florida Statutes, is
19 amended to read:
20 219.07 Disbursements.--Each officer shall, not later
21 than 7 working days from the close of the week in which the
22 officer received the funds, distribute the money which is
23 required to be paid to other officers, agencies, funds, or
24 persons entitled to receive the same; provided, that
25 distributions or partial distributions may be made more
26 frequently; and provided further, that money required by law
27 or court order, or by the purpose for which it was collected,
28 to be held and disbursed for a particular purpose in a manner
29 different from that set out herein shall be held and disbursed
30 accordingly. Further, money collected by the county officer on
31 behalf of the state, except for money collected by the clerk
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1 of the court as part of court-related functions, shall be
2 deposited directly to the account of the State Treasury not
3 later than 7 working days from the close of the week in which
4 the officer received the funds. The clerk of the court, when
5 collecting money as part of the clerk's court-related
6 functions, must remit that money as required under s. 28.245.
7 Section 39. Subsection (1) of section 219.075, Florida
8 Statutes, is amended to read:
9 219.075 Investment of surplus funds by county
10 officers.--
11 (1)(a) Except when another procedure is prescribed by
12 law or by ordinance as to particular funds, a tax collector or
13 any other county officer having, receiving, or collecting any
14 money, either for his or her office or on behalf of and
15 subject to subsequent distribution to another officer of state
16 or local government, while such money is in excess of that
17 required to meet current expenses or is pending distribution,
18 shall invest such money, without limitation, as provided in s.
19 218.415.
20 (b) These investments shall be planned so as not to
21 slow the normal distribution of the subject funds. The
22 investment earnings shall be reasonably apportioned and
23 allocated and shall be credited to the account of, and paid
24 to, the office or distributee, together with the principal on
25 which such earnings accrued.
26 (c) This section does not apply to the clerk of the
27 circuit court with respect to money collected as part of the
28 clerk's court-related functions. The clerk, however, shall
29 remit this money as provided under s. 28.245.
30 Section 40. Section 318.121, Florida Statutes, is
31 amended to read:
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1 318.121 Preemption of additional fees, fines,
2 surcharges, and costs.--Notwithstanding any general or special
3 law, or municipal or county ordinance, additional fees, fines,
4 surcharges, or costs, other than the court costs and
5 surcharges assessed under s. 318.18(11) and (13), may not be
6 added to the civil traffic penalties assessed in this chapter.
7 Section 41. Subsection (13) of section 318.18, Florida
8 Statutes, is amended to read:
9 318.18 Amount of civil penalties.--The penalties
10 required for a noncriminal disposition pursuant to s. 318.14
11 are as follows:
12 (13) In addition to any penalties imposed for
13 noncriminal traffic infractions pursuant to this chapter or
14 imposed for criminal violations listed in s. 318.17, a board
15 of county commissioners or any unit of local government which
16 is consolidated as provided by s. 9, Art. VIII of the State
17 Constitution of 1885, as preserved by s. 6(e), Art. VIII of
18 the Constitution of 1968:
19 (a) May impose by ordinance a surcharge of up to $15
20 for any infraction or violation to fund state court
21 facilities. The court shall not waive this surcharge.
22 (b) That imposed increased fees or service charges by
23 ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
24 purpose of securing payment of the principal and interest on
25 bonds issued by the county before July 1, 2003, to finance
26 state court facilities, may impose by ordinance a surcharge
27 for any infraction or violation for the exclusive purpose of
28 securing payment of the principal and interest on bonds issued
29 by the county before July 1, 2003, to fund state court
30 facilities until the date of stated maturity. The court shall
31 not waive this surcharge. Such surcharge may not exceed an
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1 amount per violation calculated as the quotient of the maximum
2 annual payment of the principal and interest on the bonds as
3 of July 1, 2003, divided by the number of traffic citations
4 for county fiscal year 2002-2003 certified as paid by the
5 clerk of the court of the county. Such quotient shall be
6 rounded up to the next highest dollar amount. The bonds may be
7 refunded only if savings will be realized on payments of debt
8 service and the refunding bonds are scheduled to mature on the
9 same date or before the bonds being refunded.
10
11 A county may not impose both of the surcharges authorized
12 under paragraphs (a) and (b) concurrently. The clerk of court
13 shall report, no later than 30 days after the end of the
14 quarter, the amount of funds collected under this subsection
15 during each quarter of the fiscal year. The clerk shall submit
16 the report, in a format developed by the Office of State
17 Courts Administrator, to the chief judge of the circuit, the
18 Governor, the President of the Senate, and the Speaker of the
19 House of Representatives.
20 Section 42. Paragraph (g) of subsection (2) of section
21 318.21, Florida Statutes, is amended to read:
22 318.21 Disposition of civil penalties by county
23 courts.--All civil penalties received by a county court
24 pursuant to the provisions of this chapter shall be
25 distributed and paid monthly as follows:
26 (2) Of the remainder:
27 (g)1. If the violation occurred within a special
28 improvement district of the Seminole Indian Tribe or
29 Miccosukee Indian Tribe, 56.4 percent shall be paid to that
30 special improvement district.
31
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1 2. If the violation occurred within a municipality,
2 50.8 percent shall be paid to that municipality and 5.6
3 percent shall be deposited into the fine and forfeiture trust
4 fund established pursuant to s. 142.01.
5 3. If the violation occurred within the unincorporated
6 area of a county that is not within a special improvement
7 district of the Seminole Indian Tribe or Miccosukee Indian
8 Tribe or, notwithstanding subparagraph 2., if the violation
9 occurred within the unincorporated area of a municipality
10 having a consolidated government under s. 6(e), Article VIII
11 of the State Constitution, 56.4 percent shall be deposited
12 into the fine and forfeiture fund established pursuant to s.
13 142.01.
14 Section 43. Section 318.31, Florida Statutes, is
15 amended to read:
16 318.31 Objectives.--The Supreme Court is hereby
17 requested to adopt rules and procedures for the establishment
18 and operation of Civil Traffic Infraction Hearing Officer
19 Programs under ss. 318.30-318.38. However, the appointment of
20 a hearing officer shall be at the option of the county
21 electing to establish such a program, upon recommendation by
22 the county court judge or judges, as the case may be, and the
23 Chief Judge of the Circuit and approval by the Chief Justice
24 of the Supreme Court.
25 Section 44. Section 318.325, Florida Statutes, is
26 amended to read:
27 318.325 Jurisdiction and procedure for parking
28 infractions.--Any county or municipality may adopt an
29 ordinance that allows the county or municipality to refer
30 cases involving the violation of a county or municipal parking
31 ordinance to a hearing officer funded by the county or
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1 municipality. Notwithstanding the provisions of ss. 318.14 and
2 775.08(3), any parking violation shall be deemed to be an
3 infraction as defined in s. 318.13(3). However, the violation
4 must be enforced and disposed of in accordance with the
5 provisions of general law applicable to parking violations and
6 with the charter or code of the county or municipality where
7 the violation occurred. The clerk of the court or the
8 designated traffic violations bureau must collect and
9 distribute the fines, forfeitures, and court costs assessed
10 under this section.
11 Section 45. Section 322.29, Florida Statutes, is
12 amended to read:
13 322.29 Surrender and return of license.--
14 (1) The department, upon suspending or revoking a
15 license, shall require that such license be surrendered to the
16 department. At the end of the period of suspension, such
17 license so surrendered shall be returned, or a duplicate
18 license issued, to the licensee after the applicant has
19 successfully passed the vision, sign, and traffic law
20 examinations. In addition, pursuant to s. 322.221, the
21 department may require the licensee to successfully complete a
22 driving examination. The department is prohibited from
23 requiring the surrender of a license except as authorized by
24 this chapter.
25 (2) The provisions of subsection (1) to the contrary
26 notwithstanding, no examination is required for the return of
27 a license suspended under s. 318.15 or s. 322.245 unless an
28 examination is otherwise required by this chapter. Every
29 person applying for the return of a license suspended under s.
30 318.15 or s. 322.245 shall present to the department
31 certification from the court that he or she has complied with
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1 all obligations and penalties imposed on him or her pursuant
2 to s. 318.15 or, in the case of a suspension pursuant to s.
3 322.245, that he or she has complied with all directives of
4 the court and the requirements of s. 322.245 and shall pay to
5 the department a nonrefundable service fee of $47.50 $35, of
6 which $37.50 $25 shall be deposited into the General Revenue
7 Fund and $10 shall be deposited into the Highway Safety
8 Operating Trust Fund. If reinstated by the clerk of the court
9 or tax collector, $37.50 $25 shall be retained and $10 shall
10 be remitted to the Department of Revenue for deposit into the
11 Highway Safety Operating Trust Fund. However, the service fee
12 is not required if the person is required to pay a $35 fee or
13 $60 fee under the provisions of s. 322.21.
14 Section 46. Section 372.72, Florida Statutes, is
15 amended to read:
16 372.72 Disposition of fines, penalties, and
17 forfeitures.--
18 (1) All moneys collected from fines, penalties,
19 proceeds from unclaimed bonds, or forfeitures of bail of
20 persons convicted under this chapter shall be deposited in the
21 fine and forfeiture fund established pursuant to s. 142.01
22 where such convictions are had, except for the disposition of
23 moneys as provided in subsection (2).
24 (2) All moneys collected from fines, penalties, or
25 forfeitures of bail of persons convicted of violations of
26 rules, regulations, or orders of the Fish and Wildlife
27 Conservation Commission concerning endangered or threatened
28 species or of violation of s. 372.662, s. 372.663, s. 372.667,
29 or s. 372.671 shall be remitted by the clerk of the court to
30 the Department of Revenue to be deposited in the Nongame
31 Wildlife Trust Fund.
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1 Section 47. Subsection (8) of section 903.26, Florida
2 Statutes, is amended to read:
3 903.26 Forfeiture of the bond; when and how directed;
4 discharge; how and when made; effect of payment.--
5 (8) If the defendant is arrested and returned to the
6 county of jurisdiction of the court prior to judgment, the
7 clerk, upon affirmation by the sheriff or the chief
8 correctional officer, shall, without further order of the
9 court, discharge the forfeiture of the bond. However, if the
10 surety agent fails to pay the costs and expenses incurred in
11 returning the defendant to the county of jurisdiction, the
12 clerk shall not discharge the forfeiture of the bond. If the
13 surety agent and the sheriff state attorney fail to agree on
14 the amount of said costs, then the court, after notice to the
15 sheriff and the state attorney, shall determine the amount of
16 the costs.
17 Section 48. Section 903.28, Florida Statutes, is
18 amended to read:
19 903.28 Remission of forfeiture; conditions.--
20 (1) On application within 2 years from forfeiture, the
21 court shall order remission of the forfeiture if it determines
22 that there was no breach of the bond.
23 (2) If the defendant surrenders or is apprehended
24 within 90 days after forfeiture, the court, on motion at a
25 hearing upon notice having been given to the clerk of the
26 circuit court county attorney and the state attorney as
27 required in subsection (8), shall direct remission of up to,
28 but not more than, 100 percent of a forfeiture if the surety
29 apprehended and surrendered the defendant or if the
30 apprehension or surrender of the defendant was substantially
31 procured or caused by the surety, or the surety has
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1 substantially attempted to procure or cause the apprehension
2 or surrender of the defendant, and the delay has not thwarted
3 the proper prosecution of the defendant. In addition,
4 remission shall be granted when the surety did not
5 substantially participate or attempt to participate in the
6 apprehension or surrender of the defendant when the costs of
7 returning the defendant to the jurisdiction of the court have
8 been deducted from the remission and when the delay has not
9 thwarted the proper prosecution of the defendant.
10 (3) If the defendant surrenders or is apprehended
11 within 180 days after forfeiture, the court, on motion at a
12 hearing upon notice having been given to the clerk of the
13 circuit court county attorney and the state attorney as
14 required in subsection (8), shall direct remission of up to,
15 but not more than, 95 percent of a forfeiture if the surety
16 apprehended and surrendered the defendant or if the
17 apprehension or surrender of the defendant was substantially
18 procured or caused by the surety, or the surety has
19 substantially attempted to procure or cause the apprehension
20 or surrender of the defendant, and the delay has not thwarted
21 the proper prosecution of the defendant. In addition,
22 remission shall be granted when the surety did not
23 substantially participate or attempt to participate in the
24 apprehension or surrender of the defendant when the costs of
25 returning the defendant to the jurisdiction of the court have
26 been deducted from the remission and when the delay has not
27 thwarted the proper prosecution of the defendant.
28 (4) If the defendant surrenders or is apprehended
29 within 270 days after forfeiture, the court, on motion at a
30 hearing upon notice having been given to the clerk of the
31 circuit court county attorney and the state attorney as
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1 required in subsection (8), shall direct remission of up to,
2 but not more than, 90 percent of a forfeiture if the surety
3 apprehended and surrendered the defendant or if the
4 apprehension or surrender of the defendant was substantially
5 procured or caused by the surety, or the surety has
6 substantially attempted to procure or cause the apprehension
7 or surrender of the defendant, and the delay has not thwarted
8 the proper prosecution of the defendant. In addition,
9 remission shall be granted when the surety did not
10 substantially participate or attempt to participate in the
11 apprehension or surrender of the defendant when the costs of
12 returning the defendant to the jurisdiction of the court have
13 been deducted from the remission and when the delay has not
14 thwarted the proper prosecution of the defendant.
15 (5) If the defendant surrenders or is apprehended
16 within 1 year after forfeiture, the court, on motion at a
17 hearing upon notice having been given to the clerk of the
18 circuit court county attorney and the state attorney as
19 required in subsection (8), shall direct remission of up to,
20 but not more than, 85 percent of a forfeiture if the surety
21 apprehended and surrendered the defendant or if the
22 apprehension or surrender of the defendant was substantially
23 procured or caused by the surety, or the surety has
24 substantially attempted to procure or cause the apprehension
25 or surrender of the defendant, and the delay has not thwarted
26 the proper prosecution of the defendant. In addition,
27 remission shall be granted when the surety did not
28 substantially participate or attempt to participate in the
29 apprehension or surrender of the defendant when the costs of
30 returning the defendant to the jurisdiction of the court have
31
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1 been deducted from the remission and when the delay has not
2 thwarted the proper prosecution of the defendant.
3 (6) If the defendant surrenders or is apprehended
4 within 2 years after forfeiture, the court, on motion at a
5 hearing upon notice having been given to the clerk of the
6 circuit court county attorney and the state attorney as
7 required in subsection (8), shall direct remission of up to,
8 but not more than, 50 percent of a forfeiture if the surety
9 apprehended and surrendered the defendant or if the
10 apprehension or surrender of the defendant was substantially
11 procured or caused by the surety, or the surety has
12 substantially attempted to procure or cause the apprehension
13 or surrender of the defendant, and the delay has not thwarted
14 the proper prosecution of the defendant. In addition,
15 remission shall be granted when the surety did not
16 substantially participate or attempt to participate in the
17 apprehension or surrender of the defendant when the costs of
18 returning the defendant to the jurisdiction of the court have
19 been deducted from the remission and when the delay has not
20 thwarted the proper prosecution of the defendant.
21 (7) The remission of a forfeiture may not be ordered
22 for any reason other than as specified herein.
23 (8) An application for remission must be accompanied
24 by affidavits setting forth the facts on which it is founded;
25 however, the surety must establish by further documentation or
26 other evidence any claimed attempt at procuring or causing the
27 apprehension or surrender of the defendant before the court
28 may order remission based upon an attempt to procure or cause
29 such apprehension or surrender. The clerk of the circuit court
30 and the state attorney must be given 20 days' notice before a
31 hearing on an application and be furnished copies of all
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1 papers, applications, and affidavits. Remission shall be
2 granted on the condition of payment of costs, unless the
3 ground for remission is that there was no breach of the bond.
4 (9) The clerk of the circuit court may enter into a
5 contract with a private attorney or into an interagency
6 agreement with a governmental agency to represent the clerk of
7 the court in an action for the remission of a forfeiture under
8 this section.
9 (10) The clerk of the circuit is the real party in
10 interest for all appeals arising from an action for the
11 remission of a forfeiture under this section.
12 Section 49. Section 916.115, Florida Statutes, is
13 amended to read:
14 916.115 Appointment of experts.--
15 (1)(a) Annually, the department shall provide the
16 courts with a list of mental health professionals who have
17 completed approved training as experts.
18 (b) The court may appoint no more than three nor fewer
19 than two experts to determine issues of the mental condition
20 of a defendant in a criminal case, including the issues of
21 competency to proceed, insanity, and involuntary
22 hospitalization or placement. An expert The panel of experts
23 may evaluate the defendant in jail or in another appropriate
24 local facility.
25 (c) To the extent possible, an the appointed expert
26 experts shall have completed forensic evaluator training
27 approved by the department and be either a psychiatrist,
28 licensed psychologist, or physician.
29 (2) Expert witnesses appointed by the court to
30 evaluate the mental condition of a defendant in a criminal
31 case shall be allowed reasonable fees for services rendered as
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1 evaluators of competence or sanity and as witnesses, which
2 shall be paid by the county in which the indictment was found
3 or the information or affidavit was filed.
4 (a)1. The court shall pay for any expert that it
5 appoints by court order, upon motion of counsel for the
6 defendant or the state or upon its own motion, using funds
7 specifically appropriated on behalf of the state courts for
8 due process costs. If the defense or the state retains an
9 expert and waives the confidentiality of the expert's report,
10 the court may pay for no more than two additional experts
11 appointed by court order. If an expert appointed by the court
12 upon motion of counsel for the defendant specifically to
13 evaluate the competence of the defendant to proceed also
14 addresses in his or her evaluation issues related to sanity as
15 an affirmative defense, the court shall pay only for that
16 portion of the experts' fees relating to the evaluation on
17 competency to proceed, and the balance of the fees shall be
18 chargeable to the defense.
19 2. Pursuant to s. 29.006, the office of the public
20 defender shall pay for any expert it retains.
21 3. Pursuant to s. 29.005, the office of the state
22 attorney shall pay for any expert it retains. Notwithstanding
23 subparagraph 1., the office of the state attorney shall pay
24 for any expert whom it retains and whom it moves the court to
25 appoint in order to ensure that the expert has access to the
26 defendant.
27 4. An expert retained by the defendant who is
28 represented by private counsel appointed under s. 27.5303
29 shall be paid by the Justice Administrative Commission from
30 funds specifically appropriated for such expenses.
31
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1 5. An expert retained by a defendant who is indigent
2 for costs as determined by the court and who is represented by
3 private counsel, other than private counsel appointed under s.
4 27.5303, on a fee or pro bono basis, or who is representing
5 himself or herself, shall be paid by the Justice
6 Administrative Commission from funds specifically appropriated
7 for these expenses.
8 (b) State employees shall be paid expenses pursuant to
9 s. 112.061.
10 (c) The fees shall be taxed as costs in the case.
11 (d) In order for an expert the experts to be paid for
12 the services rendered, the expert's report reports and
13 testimony must explicitly address each of the factors and
14 follow the procedures set out in this chapter and in the
15 Florida Rules of Criminal Procedure.
16 Section 50. Subsections (2), (3), and (4) of section
17 916.12, Florida Statutes, are amended to read:
18 916.12 Mental competence to proceed.--
19 (2) An expert The experts shall first determine
20 whether the person is mentally ill and, if so, consider the
21 factors related to the issue of whether the defendant meets
22 the criteria for competence to proceed; that is, whether the
23 defendant has sufficient present ability to consult with
24 counsel with a reasonable degree of rational understanding and
25 whether the defendant has a rational, as well as factual,
26 understanding of the pending proceedings. A defendant must be
27 evaluated by no fewer than two experts before the court
28 commits the defendant or takes other action authorized by this
29 chapter or the Florida Rules of Criminal Procedure, except
30 that if one expert finds that the defendant is incompetent to
31 proceed and the parties stipulate to that finding, the court
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1 may commit the defendant or take other action authorized by
2 this chapter or the rules without further evaluation or
3 hearing, or the court may appoint no more than two additional
4 experts to evaluate the defendant. Notwithstanding any
5 stipulation by the state and the defendant, the court may
6 require a hearing with testimony from the expert or experts
7 before ordering the commitment of a defendant.
8 (3) In considering the issue of competence to proceed,
9 an the examining expert experts shall first consider and
10 specifically include in his or her their report the
11 defendant's capacity to:
12 (a) Appreciate the charges or allegations against the
13 defendant;
14 (b) Appreciate the range and nature of possible
15 penalties, if applicable, that may be imposed in the
16 proceedings against the defendant;
17 (c) Understand the adversarial nature of the legal
18 process;
19 (d) Disclose to counsel facts pertinent to the
20 proceedings at issue;
21 (e) Manifest appropriate courtroom behavior; and
22 (f) Testify relevantly;
23
24 and include in his or her their report any other factor deemed
25 relevant by the expert experts.
26 (4) If an expert finds the experts should find that
27 the defendant is incompetent to proceed, the expert experts
28 shall report on any recommended treatment for the defendant to
29 attain competence to proceed. In considering the issues
30 relating to treatment, the examining expert experts shall
31 specifically report on:
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1 (a) The mental illness causing the incompetence;
2 (b) The treatment or treatments appropriate for the
3 mental illness of the defendant and an explanation of each of
4 the possible treatment alternatives in order of choices;
5 (c) The availability of acceptable treatment and, if
6 treatment is available in the community, the expert shall so
7 state in the report; and
8 (d) The likelihood of the defendant's attaining
9 competence under the treatment recommended, an assessment of
10 the probable duration of the treatment required to restore
11 competence, and the probability that the defendant will attain
12 competence to proceed in the foreseeable future.
13 Section 51. Subsection (7) of section 916.301, Florida
14 Statutes, is amended to read:
15 916.301 Appointment of experts.--
16 (7) Expert witnesses appointed by the court to
17 evaluate the mental condition of a defendant in a criminal
18 case shall be allowed reasonable fees for services rendered as
19 evaluators and as witnesses, which shall be paid by the court
20 county in which the indictment was found or the information or
21 affidavit was filed. State employees shall be paid expenses
22 pursuant to s. 112.061. The fees shall be taxed as costs in
23 the case. In order for the experts to be paid for the services
24 rendered, the reports and testimony must explicitly address
25 each of the factors and follow the procedures set out in this
26 chapter and in the Florida Rules of Criminal Procedure.
27 Section 52. Subsection (2) of section 938.29, Florida
28 Statutes, is amended to read:
29 938.29 Legal assistance; lien for payment of
30 attorney's fees or costs.--
31
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1 (2)(a) There is created in the name of the state a
2 lien, enforceable as hereinafter provided, upon all the
3 property, both real and personal, of any person who:
4 1. Has received any assistance from any public
5 defender of the state, from any special assistant public
6 defender, or from any conflict attorney; or
7 2. Is a parent of an accused minor or an accused adult
8 tax-dependent person who is being, or has been, represented by
9 any public defender of the state, by any special assistant
10 public defender, or by a conflict attorney.
11
12 Such lien constitutes a claim against the defendant-recipient
13 or parent and his or her estate, enforceable according to law.
14 (b) A judgment showing the name and residence of the
15 defendant-recipient or parent shall be recorded in the public
16 record, without cost, by filed for record in the office of the
17 clerk of the circuit court in the county where the
18 defendant-recipient or parent resides and in each county in
19 which such defendant-recipient or parent then owns or later
20 acquires any property. Such judgments shall be enforced on
21 behalf of the state by the clerk of the circuit court of the
22 county in which assistance was rendered.
23 Section 53. Section 939.06, Florida Statutes, is
24 amended to read:
25 939.06 Acquitted defendant not liable for costs.--
26 (1) A No defendant in a criminal prosecution who is
27 acquitted or discharged is not shall be liable for any costs
28 or fees of the court or any ministerial office, or for any
29 charge of subsistence while detained in custody. If the
30 defendant has shall have paid any taxable costs, or fees
31 required under s. 27.52(1)(b), in the case, the clerk or judge
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1 shall give him or her a certificate of the payment of such
2 costs, with the items thereof, which, when audited and
3 approved according to law, shall be refunded to the defendant.
4 (2) To receive a refund under this section, a
5 defendant must submit a request for the refund to the Justice
6 Administrative Commission on a form and in a manner prescribed
7 by the commission. The defendant must attach to the form an
8 order from the court demonstrating the defendant's right to
9 the refund and the amount of the refund.
10 Section 54. Subsection (2) of section 985.05, Florida
11 Statutes, is amended to read:
12 985.05 Court records.--
13 (2) The clerk shall keep all official records required
14 by this section separate from other records of the circuit
15 court, except those records pertaining to motor vehicle
16 violations, which shall be forwarded to the Department of
17 Highway Safety and Motor Vehicles. Except as provided in ss.
18 943.053 and 985.04(4), official records required by this part
19 are not open to inspection by the public, but may be inspected
20 only upon order of the court by persons deemed by the court to
21 have a proper interest therein, except that a child and the
22 parents, guardians, or legal custodians of the child and their
23 attorneys, law enforcement agencies, the Department of
24 Juvenile Justice and its designees, the Parole Commission, and
25 the Department of Corrections, and the Justice Administrative
26 Commission shall always have the right to inspect and copy any
27 official record pertaining to the child. The court may permit
28 authorized representatives of recognized organizations
29 compiling statistics for proper purposes to inspect, and make
30 abstracts from, official records under whatever conditions
31 upon the use and disposition of such records the court may
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1 deem proper and may punish by contempt proceedings any
2 violation of those conditions.
3 Section 55. Compensation to traffic court
4 witnesses.--Any party who secures the attendance of a witness
5 in traffic court shall bear all costs of calling the witness,
6 including witness fees. If the witness is required to testify
7 on behalf of the prosecution, the office of the state attorney
8 of the respective judicial circuit shall pay the fees and
9 costs of calling the witness.
10 Section 56. Recovery of expenditures for state-funded
11 services.--The trial court administrator of each circuit may
12 recover expenditures for state-funded services when those
13 services have been furnished to a user of the state court
14 system who possesses the present ability to pay. The rate of
15 compensation for such services shall be determined by the
16 chief judge of the circuit and may not exceed the actual cost
17 of the services, including the cost of recovery. The trial
18 court administrator shall deposit moneys recovered under this
19 section in the Grants and Donations Trust Fund within the
20 state court system. The trial court administrator may recover
21 the costs of court-reporter services and transcription;
22 court-interpreter services, including translation; and any
23 other service for which state funds were used to provide a
24 product or service within the circuit. This section does not
25 authorize cost recovery from entities described in ss. 29.005,
26 29.006, and 29.007.
27 Section 57. Subsection (4) of section 29.005, Florida
28 Statutes, is repealed,
29 Section 58. Section 318.37, Florida Statutes, is
30 repealed.
31 Section 59. This act shall take effect July 1, 2005.
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2 SENATE SUMMARY
3 Revises various provisions governing the funding of the
judicial system within the state. Revises the procedures
4 for attorneys who register to act as court-appointed
counsel. Requires that the circuit Article V indigent
5 services committee establish compensation rates for
court-appointed counsel. Revises certain procedures for
6 paying private court-appointed counsel. Clarifies various
provisions governing filing fees. Revises procedures for
7 determining and paying fees to witnesses and expert
witnesses. Exempts the Justice Administrative Commission
8 from application of the Administrative Procedure Act.
Revises procedures for determining the amount and payment
9 of costs when a defendant is surrendered or apprehended.
Provides requirements and procedures for the remission of
10 a forfeiture. Provides a procedure whereby an acquitted
defendant may request a refund of certain fees. (See bill
11 for details.)
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