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

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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.

                                  18

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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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 1            *****************************************

 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.)

12  

13  

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24  

25  

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27  

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31  

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