Senate Bill sb2542c2

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    Florida Senate - 2005                    CS for CS for SB 2542

    By the Committees on Justice Appropriations; Judiciary; and
    Senators Smith and Fasano




    604-2322-05

  1                      A bill to be entitled

  2         An act relating to the state judicial system;

  3         amending s. 27.40, F.S., relating to circuit

  4         registries for court-appointed counsel;

  5         requiring that an attorney enter into a

  6         contract to be included on the registry;

  7         limiting the appointment of attorneys from the

  8         same law firm; prohibiting the sharing of

  9         duties among attorneys except under certain

10         circumstances; requiring data on the race, sex,

11         and ethnicity of attorneys; requiring the

12         Justice Administrative Commission to approve

13         uniform procedures and forms for use in billing

14         for an attorney's fees, costs, and related

15         expenses; requiring that a withdrawal order be

16         filed with the commission; providing that

17         withdrawal from a case creates a rebuttable

18         presumption of nonentitlement to the entire

19         flat fee; amending s. 27.42, F.S.; requiring

20         that the circuit Article V indigent services

21         committee establish the compensation rates for

22         court-appointed counsel or in cases of

23         indigency; providing a limitation on the rates;

24         requiring each committee to establish a

25         schedule of allowances for due-process

26         expenses; authorizing alternate models for

27         providing criminal and civil due-process

28         representation; requiring that the expenses for

29         representing indigent persons be appropriated

30         in a separate category within the Justice

31         Administrative Commission rather than paid from

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 1         funds appropriated for use by the public

 2         defenders; requiring the commission to track

 3         and report data on the race, sex, and ethnicity

 4         of private court-appointed counsel; amending s.

 5         27.52, F.S., relating to the determination of

 6         indigent status; providing for application to

 7         the clerk of court for such a determination and

 8         appointment of a public defender; prescribing

 9         duties of the clerk and the public defender

10         relating to an application; prescribing

11         application requirements and review criteria;

12         providing for review by the court of a clerk's

13         determination; authorizing the court to

14         determine a person indigent for costs and

15         eligible for payment of due-process expenses;

16         requiring certain parents or legal guardians to

17         furnish legal services and costs; providing for

18         a reevaluation of indigent status and referral

19         to the state attorney upon evidence of

20         financial discrepancies or fraud; providing

21         criminal penalties for the provision of false

22         information; amending s. 27.5304, F.S.;

23         providing that court-appointed counsel use

24         uniform contract, procedures, and forms in

25         certain circumstances; authorizing the Justice

26         Administrative Commission to pay attorney's

27         fees without court approval under certain

28         conditions; requiring the attorney to provide

29         the commission with advance notice of a court

30         hearing on payment of fees and costs;

31         authorizing the commission to participate in

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 1         such hearings telephonically; eliminating a

 2         requirement for the Article V Indigent Services

 3         Advisory Board to make recommendations on

 4         compensation of private court-appointed

 5         counsel; providing that private court-appointed

 6         counsel is entitled to compensation upon final

 7         disposition of the case; providing exceptions;

 8         specifying intervals other than final

 9         disposition of a case at which private

10         court-appointed counsel may request payment;

11         clarifying a prohibition against allowing an

12         attorney who is not on the registry to appear;

13         limiting the reimbursement allowed for the

14         preparation of invoices; amending s. 27.54,

15         F.S.; requiring that the county or municipality

16         pay certain costs for due-process services;

17         prescribing assessment of fees to recover such

18         costs; amending s. 28.24, F.S.; requiring that

19         the clerk of the court provide copies to public

20         guardians, attorneys ad litem, and

21         court-appointed counsel paid by the state;

22         requiring clerks of the court to participate in

23         the Comprehensive Case Information System by a

24         certain date; designating the custodian of

25         official records; providing that official

26         records are county property; amending s.

27         28.2402, F.S.; prohibiting the circuit court

28         from charging a county or municipality more

29         than one filing fee for a single filing

30         containing multiple allegations; exempting

31         certain enforcement actions from the filing

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 1         fee; amending s. 28.241, F.S.; providing for

 2         the clerk of the court to collect a service fee

 3         for appeals from circuit court; amending s.

 4         28.245, F.S.; requiring that the clerks of the

 5         court remit collections to the Department of

 6         Revenue within a specified period; amending s.

 7         28.246, F.S.; conforming a reference; revising

 8         provisions authorizing an individual to enter

 9         into a payment plan for the payment of fees,

10         costs, or fines; providing for the court to

11         review the payment plan; amending s. 28.345,

12         F.S.; exempting certain court staff, public

13         guardians, attorneys ad litem, and

14         court-appointed counsel from the payment of

15         fees and charges assessed by the clerk of the

16         circuit court; amending s. 28.35, F.S.;

17         requiring the Florida Clerks of Court

18         Operations Committee to report on additional

19         budget funding authority provided to a clerk;

20         amending s. 28.36, F.S.; revising the date for

21         the county clerk to submit a proposed budget;

22         conforming a reference to the Florida Clerks of

23         Court Operations Corporation; conforming a

24         reference to the Chief Financial Officer;

25         conforming a cross-reference; providing for

26         identification of ineligible expenditures by

27         the clerks of court; requiring the clerks to

28         reimburse ineligible expenditures to the Clerks

29         of Court Trust Fund; authorizing the

30         corporation to approve additional annual

31         funding for a clerk under prescribed

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 1         conditions; amending s. 28.37, F.S.; expanding

 2         the types of excess funds that clerks of the

 3         court must remit to the Department of Revenue

 4         over the amount needed to meet approved

 5         budgets; creating s. 28.44, F.S.; providing a

 6         method by which the clerk of court may

 7         discontinue or substantially modify

 8         court-related functions; providing a

 9         definition; amending s. 29.004, F.S.; providing

10         for state appropriations to be used for expert

11         witnesses who are appointed by the court rather

12         than requested by any party; amending s.

13         29.007, F.S.; providing for state funds to be

14         used in providing mental health professionals

15         in certain civil cases; clarifying the use of

16         state funds at the trial or appellate level to

17         pay certain costs on behalf of a litigant who

18         is indigent; amending s. 29.008, F.S.;

19         requiring that the county where the appellate

20         district is located fund the appellate division

21         of the public defender's office; expanding the

22         definition of the term "facility" to include

23         items necessary for court-reporting services;

24         narrowing a limitation on the application of

25         certain requirements to specified facilities;

26         including hearing rooms within those facilities

27         funded by the county as a court-related

28         function; including audio equipment within

29         county-funded communications services; creating

30         s. 29.0081, F.S.; authorizing counties and

31         judicial circuits to agree to the funding of

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 1         personnel positions for the circuit; providing

 2         requirements for such agreements; providing for

 3         the effect and limitation of such agreements;

 4         amending s. 29.015, F.S.; authorizing the

 5         Justice Administrative Commission to transfer

 6         funds to address budget deficits relating to

 7         due-process services; requiring notice of the

 8         transfer; amending s. 29.018, F.S.; eliminating

 9         the authority for court-appointed counsel to

10         contract to share in court and due-process

11         costs; providing that the Justice

12         Administrative Commission may contract for such

13         cost-sharing on behalf of court-appointed

14         counsel; creating s. 29.0185, F.S.; specifying

15         conditions under which state-funded due-process

16         services are provided; amending s. 34.045,

17         F.S.; prohibiting the county court from

18         charging a county or municipality more than one

19         filing fee for a single filing containing

20         multiple allegations; exempting certain

21         enforcement actions of local code violations

22         from the filing fee; expanding conditions under

23         which the county or municipality is the

24         prevailing party; requiring an assessment for a

25         filing fee; amending s. 34.191, F.S.; providing

26         that for certain purposes, a municipality does

27         not include certain unincorporated areas;

28         clarifying a requirement that certain fines and

29         forfeitures committed within an unincorporated

30         area of a municipality be paid to the clerk of

31         the county court; amending s. 39.0132, F.S.;

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 1         authorizing the Justice Administrative

 2         Commission to inspect certain court dockets;

 3         amending s. 39.821, F.S.; requiring that the

 4         Guardian Ad Litem Program rather than the chief

 5         judge request the federal criminal records

 6         check for purposes of certifying guardians ad

 7         litem; amending s. 39.822, F.S.; directing

 8         agencies, persons, and other organizations to

 9         provide a guardian ad litem access to certain

10         records related to the best interests of a

11         child; amending s. 40.29, F.S.; clarifying

12         procedures for the payments made by the state

13         to the clerk of the court for the costs of

14         witnesses; creating s. 40.355, F.S.; requiring

15         the clerk of the court to report on, and refund

16         to the state attorneys and public defenders,

17         certain moneys collected for payment of jurors

18         and due-process costs; amending s. 43.16, F.S.;

19         providing that the Justice Administrative

20         Commission is not subject to the Administrative

21         Procedure Act; amending s. 43.26, F.S.;

22         prescribing responsibilities of the chief judge

23         and the clerk of court relating to the

24         administration of justice and provision of

25         court-related functions; amending s. 44.102,

26         F.S.; revising conditions under which

27         nonvolunteer court mediators may be compensated

28         by the county or parties; amending s. 44.108,

29         F.S.; clarifying the fees charged for scheduled

30         mediation services provided by a circuit

31         court's mediation program; requiring the clerk

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 1         of the court to report to the chief judge the

 2         amount of such fees collected; amending s.

 3         57.081, F.S.; adding a cross-reference to

 4         conform; creating s. 57.082, F.S., relating to

 5         the determination of civil indigent status;

 6         providing for application to the clerk of court

 7         for such a determination; prescribing duties of

 8         the clerk relating to an application;

 9         prescribing application requirements and review

10         criteria; providing for an interim

11         determination by the court and appointment of

12         counsel; providing for review by the court of

13         the clerk's determination; providing for

14         enrollment in a payment plan by a person

15         determined indigent; providing for the waiver

16         of fees and costs under certain conditions;

17         providing for reevaluation of indigent status

18         and referral to the state attorney upon

19         evidence of financial discrepancies or fraud;

20         providing criminal penalties for providing

21         false information; amending s. 92.142, F.S.;

22         deleting a provision that provides for payment

23         of per diem and travel expenses for a witness

24         in a criminal case at the discretion of the

25         court; amending s. 92.231, F.S.; removing

26         references to the Article V Indigent Services

27         Advisory Board and the provision of

28         recommendations on expert witness fees;

29         amending s. 110.205, F.S.; providing that

30         officers and employees of the Justice

31         Administrative Commission and specified related

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 1         organizations are not career service positions;

 2         amending s. 116.01, F.S.; providing procedures

 3         for the clerk of the court to remit funds to

 4         the Department of Revenue; amending s. 116.21,

 5         F.S.; providing for the disposition of

 6         unclaimed moneys collected in the course of

 7         court-related activities by the clerk of the

 8         court; requiring the clerk to pay certain

 9         publication costs; amending s. 119.07, F.S.;

10         extending the time period during which certain

11         social security numbers and other data included

12         in court or official county records may be

13         available for public inspection unless

14         redaction is requested; extending the deadline

15         by which court clerks and county recorders must

16         keep such data confidential; amending s.

17         142.01, F.S.; clarifying those moneys to be

18         included within the fine and forfeiture fund of

19         the clerk of the circuit court; amending s.

20         213.13, F.S.; requiring that the funds remitted

21         by the clerk to the state be transmitted

22         electronically within a specified period;

23         amending s. 219.07, F.S.; clarifying the

24         distributions that the clerk is required to

25         make as part of his or her court-related

26         functions; amending s. 219.075, F.S.; exempting

27         funds collected by the clerk from the

28         requirements for the investment of surplus

29         funds of a county; amending s. 318.121, F.S.;

30         clarifying that certain court costs and

31         surcharges are added to civil traffic

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 1         penalties; amending s. 318.18, F.S.; requiring

 2         that the clerk of the court report the amount

 3         of certain surcharges collected to the chief

 4         judge, the Governor, and the Legislature;

 5         authorizing local governments to assess a

 6         surcharge on noncriminal offenses; amending s.

 7         318.21, F.S.; providing for the disposition of

 8         traffic-infraction penalties for violations

 9         occurring in unincorporated areas of certain

10         municipalities having a consolidated

11         government; amending s. 318.31, F.S.; deleting

12         provisions concerning the appointment of a

13         civil traffic infraction hearing officer;

14         amending s. 318.325, F.S.; deleting provisions

15         specifying the funding of such hearing officer;

16         amending s. 322.29, F.S.; increasing the fees

17         charged for reinstating a driver's license;

18         amending s. 372.72, F.S.; requiring that the

19         proceeds from unclaimed bonds be deposited into

20         the clerk's fine and forfeiture fund; amending

21         s. 903.26, F.S.; revising the procedure for

22         determining the amount of the costs incurred in

23         returning a defendant to the county of

24         jurisdiction; amending s. 903.28, F.S.;

25         revising certain notice requirements following

26         the surrender or apprehension of a defendant

27         for purposes of remission of a forfeiture;

28         authorizing the clerk of the circuit court to

29         enter into certain contracts for purposes of

30         representation in an action for the remission

31         of a forfeiture; providing that the clerk is

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 1         the real party in interest for all appeals

 2         arising from such an action; amending s.

 3         916.115, F.S.; providing requirements for the

 4         payment of experts; specifying those fees which

 5         are paid by the state, the office of the public

 6         defender, the office of the state attorney, or

 7         the Justice Administrative Commission; amending

 8         s. 916.12, F.S.; revising the procedures under

 9         which the court may take action following a

10         finding that the defendant is incompetent to

11         proceed; amending s. 916.301, F.S.; requiring

12         the court to pay for certain court-appointed

13         retardation and autism experts; amending s.

14         939.185, F.S.; authorizing certain local

15         governments to assess a surcharge on criminal

16         offenses; amending s. 938.29, F.S.; providing

17         for a judgment lien for the payment of certain

18         attorney's fees to be filed without cost;

19         amending s. 939.06, F.S.; clarifying that an

20         acquitted defendant is not liable for certain

21         fees; providing a procedure for such a

22         defendant to request a refund from the Justice

23         Administrative Commission of costs or fees

24         paid; amending s. 985.05, F.S.; authorizing the

25         Justice Administrative Commission to have

26         access to certain court records; amending s.

27         985.201, F.S.; revising the manner in which a

28         court may retain jurisdiction over a child and

29         the child's parent when the court has ordered

30         restitution for certain delinquent acts;

31         requiring entry of a restitution order;

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 1         creating s. 92.152, F.S.; requiring that the

 2         party calling a witness in traffic court bear

 3         the costs; requiring that the office of the

 4         state attorney pay such costs if the witness is

 5         required to testify on behalf of the

 6         prosecution; directing the trial court

 7         administrator to recover expenditures for

 8         state-funded services if those services were

 9         furnished to a user possessing the ability to

10         pay; providing that the rate may not exceed the

11         cost of the service and recovery; revising the

12         maximum annual budget amount for the Clerk of

13         Court for the Eleventh Judicial Circuit;

14         providing legislative intent for revisions to

15         ss. 34.191 and 318.21, F.S.; repealing s.

16         29.005(4), F.S., relating to prosecution

17         expenses for appointing mental health

18         professionals; repealing s. 29.014, F.S.,

19         relating to the Article V Indigent Services

20         Advisory Board; repealing s. 318.37, F.S.,

21         relating to funding for a Civil Traffic

22         Infraction Hearing Officer Program; providing

23         appropriations; providing effective dates.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Subsections (2), (3), (5), and (7) of

28  section 27.40, Florida Statutes, are amended to read:

29         27.40  Court-appointed counsel; circuit registries;

30  minimum requirements; appointment by court.--

31  

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 1         (2)  No later than October 1, 2004, Private counsel

 2  appointed by the court to provide representation shall be

 3  selected from a registry of individual attorneys established

 4  by the circuit Article V indigent services committee or

 5  procured through a competitive bidding process.

 6         (3)  In utilizing a registry:

 7         (a)  Each circuit Article V indigent services committee

 8  shall compile and maintain a list of attorneys in private

 9  practice;, by county by race, sex, and ethnicity of the

10  assigned attorneys; and by category of cases. To be included

11  on a registry, attorneys shall certify that they meet any

12  minimum requirements established in general law for court

13  appointment, are available to represent indigent defendants in

14  cases requiring court appointment of private counsel, and are

15  willing to abide by the terms of the contract for services. To

16  be included on a registry, an attorney also must enter into a

17  contract for services with the Justice Administrative

18  Commission. Failure to comply with the terms of the contract

19  for services may result in termination of the contract and

20  removal from the registry. Each attorney on the registry shall

21  be responsible for notifying the circuit Article V indigent

22  services committee and the Justice Administrative Commission

23  of any change in his or her status. Failure to comply with

24  this requirement shall be cause for termination of the

25  contract for services and removal from the registry until the

26  requirement is fulfilled.

27         (b)  The court shall appoint attorneys in rotating

28  order in the order in which names appear on the applicable

29  registry, unless the court makes a finding of good cause on

30  the record for appointing an attorney out of order. An

31  attorney not appointed in the order in which his or her name

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 1  appears on the list shall remain next in order. The

 2  appointment of an attorney who is part of a law firm that

 3  includes other attorneys on the registry shall count as

 4  selection of the firm for that particular rotation, and

 5  another attorney on the registry from that same law firm may

 6  not be appointed in the same rotation. An attorney who is

 7  appointed may not share duties related to the appointment with

 8  an attorney in his or her law firm unless the attorney sharing

 9  in the duties is also on the registry.

10         (c)  If it finds the number of attorneys on the

11  registry in a county or circuit for a particular category of

12  cases is inadequate, the circuit Article V indigent services

13  committee shall notify the chief judge of the particular

14  circuit in writing. The chief judge shall submit the names of

15  at least three private attorneys with relevant experience. The

16  clerk of court shall send an application to each of these

17  attorneys to register for appointment.

18         (d)  Quarterly, beginning no later than October 1,

19  2004, each circuit Article V indigent services committee shall

20  provide a current copy of each registry to the Chief Justice

21  of the Supreme Court, the chief judge, the state attorney and

22  public defender in each judicial circuit, and the clerk of

23  court in each county, the Justice Administrative Commission,

24  and the Indigent Services Advisory Board with a current copy

25  of each registry. The copy of a registry shall identify the

26  race, sex, and ethnicity of each attorney listed in the

27  registry.

28         (5)  The Justice Administrative Commission shall

29  approve uniform contract forms for use in procuring the

30  services of private court-appointed counsel and uniform

31  procedures and forms for use by a court-appointed attorney in

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 1  support of billing for attorney's fees, costs, and related

 2  expenses to demonstrate the attorney's completion of specified

 3  duties.

 4         (7)(a)  An attorney appointed to represent a defendant

 5  or other client is entitled to payment pursuant to s. 27.5304,

 6  only upon full performance by the attorney of specified

 7  duties;, approval of payment by the court, except for payment

 8  based on a flat fee per case as provided in s. 27.5304; and

 9  attorney submission of a payment request to the Justice

10  Administrative Commission. Upon being permitted to withdraw

11  from a case, a court-appointed attorney shall submit a copy of

12  the order to the Justice Administrative Commission at the time

13  it is issued by the court. If an attorney is permitted to

14  withdraw or is otherwise removed from representation prior to

15  full performance of the duties specified in this section for

16  reasons other than breach of duty, the trial court shall

17  approve payment of attorney's fees and costs for work

18  performed in an amount not to exceed the amounts specified in

19  s. 27.5304. Withdrawal from a case prior to full performance

20  of the duties specified shall create a rebuttable presumption

21  that the attorney is not entitled to the entire flat fee for

22  those cases paid on a flat-fee-per-case basis.

23         (b)  The attorney shall maintain appropriate

24  documentation, including a current and detailed hourly

25  accounting of time spent representing the defendant or other

26  client. These records and documents are subject to review by

27  the Justice Administrative Commission.

28         Section 2.  Section 27.42, Florida Statutes, is amended

29  to read:

30         27.42  Circuit Article V indigent services committees;

31  composition; staff; responsibilities; funding.--

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 1         (1)  In each judicial circuit a circuit Article V

 2  indigent services committee shall be established. The

 3  committee shall consist of the following:

 4         (a)  The chief judge of the judicial circuit or the

 5  chief judge's designee, who shall serve as the chair.

 6         (b)  The public defender of the judicial circuit, or

 7  designee from within the office of the public defender.

 8         (c)  One experienced private criminal defense attorney

 9  appointed by the chief judge to serve a 2-year term. During

10  the 2-year term, the attorney is prohibited from serving as

11  court-appointed counsel.

12         (d)  One experienced civil trial attorney appointed by

13  the chief judge, to serve a 2-year term. During the 2-year

14  term, the attorney is prohibited from serving as

15  court-appointed counsel.

16         (2)(a)  The responsibility of the circuit Article V

17  indigent services committee is to manage the appointment and

18  compensation of court-appointed counsel within a circuit

19  pursuant to ss. 27.40 and 27.5303. The committee shall also

20  set the compensation rates of due-process service providers in

21  cases where the court has appointed counsel or declared a

22  person indigent for costs, not to exceed any rates specified

23  in the General Appropriations Act such that the total amount

24  expended does not exceed the amount budgeted in the General

25  Appropriations Act for the particular due-process service. The

26  circuit Article V indigent services committee shall meet at

27  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 shall

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 3.  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 and submitted to the Supreme Court for approval.

18         (a)  The application must include, at a minimum, the

19  following financial information:

20         1.  Net income, consisting of total salary and wages,

21  minus deductions required by law, including court-ordered

22  support payments.

23         2.  Other income, including, but not limited to, social

24  security benefits, union funds, veterans' benefits, workers'

25  compensation, other regular support from absent family

26  members, public or private employee pensions, unemployment

27  compensation, dividends, interest, rent, trusts, and gifts.

28         3.  Assets, including, but not limited to, cash,

29  savings accounts, bank accounts, stocks, bonds, certificates

30  of deposit, equity in real estate, and equity in a boat or a

31  motor vehicle or in other tangible property.

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 1         4.  All liabilities and debts.

 2         5.  If applicable, the amount of any bail paid for the

 3  applicant's release from incarceration and the source of the

 4  funds.

 5  

 6  The application must include a signature by the applicant

 7  which attests to the truthfulness of the information provided.

 8  The application form developed by the corporation must include

 9  notice that the applicant may seek court review of a clerk's

10  determination that the applicant is not indigent, as provided

11  in this section.

12         (b)  An applicant shall pay a $40 application fee to

13  the clerk for each application filed. The applicant shall pay

14  the fee within 7 days after submitting the application. If the

15  applicant does not pay the fee prior to the disposition of the

16  case, the clerk shall notify the court, and the court shall:

17         1.  Assess the application fee as part of the sentence

18  or as a condition of probation; or

19         2.  Assess the application fee pursuant to s. 938.29.

20         (c)  Notwithstanding any provision of law, court rule,

21  or administrative order to the contrary, the clerk shall

22  assign the first $40 of any fees or costs paid by an indigent

23  person as payment of the application fee. A person found to be

24  indigent may not be refused counsel or other required

25  due-process services for failure to pay the fee.

26         (d)  All application fees collected by the clerk under

27  this section shall be transferred monthly by the clerk to the

28  Department of Revenue for deposit in the Indigent Criminal

29  Defense Trust Fund administered by the Justice Administrative

30  Commission, to be used to supplement the general revenue funds

31  appropriated by the Legislature to the public defenders. The

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 1  clerk may retain 2 percent of application fees collected

 2  monthly for administrative costs prior to remitting the

 3  remainder to the Department of Revenue.

 4         (e)1.  The clerk shall assist a person who appears

 5  before the clerk and requests assistance in completing the

 6  application, and the clerk shall notify the court if a person

 7  is unable to complete the application after the clerk has

 8  provided assistance.

 9         2.  If the person seeking appointment of a public

10  defender is incarcerated, the public defender is responsible

11  for providing the application to the person and assisting him

12  or her in its completion and is responsible for submitting the

13  application to the clerk on the person's behalf. The public

14  defender may enter into an agreement for jail employees,

15  pretrial services employees, or employees of other criminal

16  justice agencies to assist the public defender in performing

17  functions assigned to the public defender under this

18  subparagraph.

19         (2)  DETERMINATION BY THE CLERK.--The clerk of the

20  court shall determine whether an applicant seeking appointment

21  of a public defender is indigent based upon the information

22  provided in the application and the criteria prescribed in

23  this subsection.

24         (a)1.  An applicant, including an applicant who is a

25  minor or an adult tax-dependent person, is indigent if the

26  applicant's income is equal to or below 200 percent of the

27  then-current federal poverty guidelines prescribed for the

28  size of the household of the applicant by the United States

29  Department of Health and Human Services or if the person is

30  receiving Temporary Assistance for Needy Families-Cash

31  

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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, has equity in, or has the

 5  expectancy of any interest in any intangible or tangible

 6  personal property or real property having a net equity value

 7  of $2,500 or more, excluding the value of the person's

 8  homestead and one vehicle having a net value not exceeding

 9  $5,000.

10         (b)  Based upon its review, the clerk shall make one of

11  the following determinations:

12         1.  The applicant is not indigent.

13         2.  The applicant is indigent.

14         (c)1.  If the clerk determines that the applicant is

15  indigent, the clerk shall submit the determination to the

16  office of the public defender and immediately file the

17  determination in the case file.

18         2.  If the public defender is unable to provide

19  representation due to a conflict under s. 27.5303, the public

20  defender shall motion the court for withdrawal from

21  representation and appointment of private counsel.

22         (d)  The duty of the clerk in determining whether an

23  applicant is indigent shall be limited to receiving the

24  application and comparing the information provided in the

25  application to the criteria prescribed in this subsection. The

26  determination of indigent status is a ministerial act of the

27  clerk and not a decision based on further investigation or the

28  exercise of independent judgment by the clerk. The clerk may

29  contract with third parties to perform functions assigned to

30  the clerk under this section.

31  

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 1         (e)  The applicant may seek review of the clerk's

 2  determination that the applicant is not indigent in the court

 3  having jurisdiction over the matter at the next scheduled

 4  hearing. If the applicant seeks review of the clerk's

 5  determination of indigent status, the court shall make a final

 6  determination as provided in subsection (4).

 7         (3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the

 8  clerk of the court has not made a determination of indigent

 9  status at the time a person requests appointment of a public

10  defender, the court shall make a preliminary determination of

11  indigent status, pending further review by the clerk, and may,

12  by court order, appoint a public defender or private counsel

13  on an interim basis.

14         (4)  REVIEW OF CLERK'S DETERMINATION.--

15         (a)  If the clerk of the court determines that the

16  applicant is not indigent, and the applicant seeks review of

17  the clerk's determination, the court shall make a final

18  determination of indigent status by reviewing the information

19  provided in the application against the criteria prescribed in

20  subsection (2) and by considering the following additional

21  factors:

22         1.  Whether the applicant has been released on bail in

23  an amount of $5,000 or more.

24         2.  Whether a bond has been posted, the type of bond,

25  and who paid the bond.

26         3.  Whether paying for private counsel or other due

27  process services creates a substantial hardship for the

28  applicant or the applicant's family.

29         4.  Any other relevant financial circumstances of the

30  applicant or the applicant's family.

31  

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 1         (b)  Based upon its review, the court shall make one of

 2  the following determinations and shall, if appropriate,

 3  appoint a public defender or private counsel:

 4         1.  The applicant is not indigent.

 5         2.  The applicant is indigent.

 6         (5)  INDIGENT FOR COSTS.--A person who is eligible to

 7  be represented by a public defender under s. 27.51 but who is

 8  represented by private counsel not appointed by the court for

 9  a reasonable fee, as approved by the court, or on a pro bono

10  basis, or who is proceeding pro se, may motion the court for a

11  determination that he or she is indigent for costs and

12  eligible for the provision of due-process services, as

13  prescribed by s. 29.006 and s. 29.007, funded by the state.

14         (a)  The person must submit to the court:

15         1.  The completed application prescribed in subsection

16  (1); and

17         2.  In the case of a person represented by counsel, an

18  affidavit attesting to the estimated amount of attorney's fees

19  and the source of payment for these fees.

20         (b)  In reviewing the motion, the court shall consider:

21         1.  Whether the applicant applied for a determination

22  of indigent status under subsection (1) and the outcome of

23  such application;

24         2.  The extent to which the person's income equals or

25  exceeds the income criteria prescribed in subsection (2);

26         3.  The additional factors prescribed in subsection

27  (4);

28         4.  Whether the applicant is proceeding pro se or is

29  represented by a private attorney for a fee or on a pro bono

30  basis;

31         5.  When the applicant retained private counsel; and

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 1         6.  The amount of any attorney's fees and who is paying

 2  the fees.

 3         (c)  Based upon its review, the court shall make one of

 4  the following determinations:

 5         1.  The applicant is not indigent for costs.

 6         2.  The applicant is indigent for costs.

 7         (d)  The provision of due-process services based upon a

 8  determination that a person is indigent for costs under this

 9  subsection must be effectuated pursuant to a court order, a

10  copy of which the clerk shall provide to counsel representing

11  the person, or to the person directly if he or she is

12  proceeding pro se, for use in requesting payment of

13  due-process expenses through the Justice Administrative

14  Commission. Counsel representing a person declared indigent

15  for costs must execute the Justice Administrative Commission's

16  contract for counsel representing persons indigent for costs.

17         (6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent

18  parent or legal guardian of an applicant who is a minor or an

19  adult tax-dependent person shall furnish the minor or adult

20  tax-dependent person with the necessary legal services and

21  costs incident to a delinquency proceeding or, upon transfer

22  of such person for criminal prosecution as an adult pursuant

23  to chapter 985, a criminal prosecution in which the person has

24  a right to legal counsel under the Constitution of the United

25  States or the Constitution of the State of Florida. The

26  failure of a parent or legal guardian to furnish legal

27  services and costs under this section does not bar the

28  appointment of legal counsel pursuant to this section, s.

29  27.40, or s. 27.5303. When the public defender, a private

30  court-appointed conflict counsel, or a private attorney is

31  appointed to represent a minor or an adult tax-dependent

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 1  person in any proceeding in circuit court or in a criminal

 2  proceeding in any other court, the parents or the legal

 3  guardian shall be liable for payment of the fees, charges, and

 4  costs of the representation even if the person is a minor

 5  being tried as an adult.  Liability for the fees, charges, and

 6  costs of the representation shall be imposed in the form of a

 7  lien against the property of the nonindigent parents or legal

 8  guardian of the minor or adult tax-dependent person. The lien

 9  is enforceable as provided in s. 27.561 or s. 938.29.

10         (7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE

11  INFORMATION.--

12         (a)  If the court learns of discrepancies between the

13  application or motion and the actual financial status of the

14  person found to be indigent or indigent for costs, the court

15  shall determine whether the public defender or private

16  attorney shall continue representation or whether the

17  authorization for any other due-process services previously

18  authorized shall be revoked. The person may be heard regarding

19  the information learned by the court. If the court, based on

20  the information, determines that the person is not indigent or

21  indigent for costs, the court shall order the public defender

22  or private attorney to discontinue representation and revoke

23  the provision of any other authorized due-process services.

24         (b)  If the court has reason to believe that any

25  applicant, through fraud or misrepresentation, was improperly

26  determined to be indigent or indigent for costs, the matter

27  shall be referred to the state attorney. Twenty-five percent

28  of any amount recovered by the state attorney as reasonable

29  value of the services rendered, including fees, charges, and

30  costs paid by the state on the person's behalf, shall be

31  remitted to the Department of Revenue for deposit into the

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 1  Grants and Donations Trust Fund within the Justice

 2  Administrative Commission for appropriation by the Legislature

 3  to the state attorney. Seventy-five percent of any amount

 4  recovered shall be remitted to the Department of Revenue for

 5  deposit into the General Revenue Fund.

 6         (c)  A person who knowingly provides false information

 7  to the clerk or the court in seeking a determination of

 8  indigent status under this section commits a misdemeanor of

 9  the first degree, punishable as provided in s. 775.082 or s.

10  775.083.

11         Section 4.  Subsections (1), (2), (4), and (6) of

12  section 27.5304, Florida Statutes, are amended, and

13  subsections (7), (8), and (9) are added to that section, to

14  read:

15         27.5304  Private court-appointed counsel;

16  compensation.--

17         (1)  Private court-appointed counsel shall be

18  compensated by the Justice Administrative Commission in an

19  amount not to exceed the fee limits established in this

20  section. The attorney also shall be reimbursed for reasonable

21  and necessary expenses in accordance with s. 29.007. If the

22  attorney is representing a defendant charged with more than

23  one offense in the same case, the attorney shall be

24  compensated at the rate provided for the most serious offense

25  for which he or she represented the defendant. This section

26  does not allow stacking of the fee limits established by this

27  section. Court-appointed counsel providing representation

28  under an alternate model shall enter into the uniform contract

29  with the Justice Administrative Commission and shall use the

30  Justice Administrative Commission's uniform procedures and

31  forms in support of billing for attorney's fees, costs, and

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 1  related expenses. Failure to comply with the terms of the

 2  contract for services may result in termination of the

 3  contract.

 4         (2)  The Justice Administrative Commission shall review

 5  an intended billing by private court-appointed counsel for

 6  attorney's fees based on a flat fee per case for completeness

 7  and compliance with contractual, statutory, and circuit

 8  Article V indigent services committee requirements. The

 9  commission may approve the intended billing for flat fee

10  payment without approval by the court if the intended billing

11  is correct. For all other intended billings, prior to filing a

12  motion for an order approving payment of attorney's fees,

13  costs, or related expenses, the private court-appointed

14  counsel shall deliver a copy of the intended billing, together

15  with supporting affidavits and all other necessary

16  documentation, to the Justice Administrative Commission. The

17  Justice Administrative Commission shall review the billings,

18  affidavit, and documentation for completeness and compliance

19  with contractual and statutory requirements. If the Justice

20  Administrative Commission objects to any portion of the

21  proposed billing, the objection and reasons therefor shall be

22  communicated to the private court-appointed counsel. The

23  private court-appointed counsel may thereafter file his or her

24  motion for order approving payment of attorney's fees, costs,

25  or related expenses together with supporting affidavits and

26  all other necessary documentation. The motion must specify

27  whether the Justice Administrative Commission objects to any

28  portion of the billing or the sufficiency of documentation

29  and, if so, the counsel must attach to the motion the letter

30  from the commission stating its objections the reasons

31  therefor. A copy of the motion and attachments shall be served

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 1  on the Justice Administrative Commission at least 5 business

 2  days prior to the date of a hearing. The Justice

 3  Administrative Commission shall have standing to appear before

 4  the court to contest any motion for order approving payment of

 5  attorney's fees, costs, or related expenses and may, unless

 6  otherwise ordered by the court, participate in a hearing on

 7  the motion by use of telephonic or other communication

 8  equipment. The Justice Administrative Commission may contract

 9  with other public or private entities or individuals to appear

10  before the court for the purpose of contesting any motion for

11  order approving payment of attorney's fees, costs, or related

12  expenses. The fact that the Justice Administrative Commission

13  has not objected to any portion of the billing or to the

14  sufficiency of the documentation is not binding on the court.

15  The court retains primary authority and responsibility for

16  determining the reasonableness of all billings for attorney's

17  fees, costs, and related expenses, subject to statutory

18  limitations. Private court-appointed counsel is entitled to

19  compensation upon final disposition of a case, except as

20  provided in subsections (7) and (8). Before final disposition

21  of a case, a private court-appointed counsel may file a motion

22  for fees, costs, and related expenses for services completed

23  up to the date of the motion in any case or matter in which

24  legal services have been provided by the attorney for more

25  than 1 year. The amount approved by the court may not exceed

26  80 percent of the fees earned, or costs and related expenses

27  incurred, to date, or an amount proportionate to the maximum

28  fees permitted under this section based on legal services

29  provided to date, whichever is less. The court may grant the

30  motion if counsel shows that failure to grant the motion would

31  work a particular hardship upon counsel.

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 1         (4)  By January 1 of each year, the Article V Indigent

 2  Services Advisory Board shall recommend to the Legislature any

 3  adjustments to the compensation provisions of this section.

 4  This subsection expires on July 1, 2006.

 5         (6)  A private attorney appointed in lieu of the public

 6  defender to represent an indigent defendant may not reassign

 7  or subcontract the case to another attorney. The

 8  court-appointed private attorney may not or allow another

 9  attorney to appear at a critical stage of a case who is not on

10  the registry developed under pursuant to s. 27.40.

11         (7)  Private court-appointed counsel representing a

12  parent in a dependency case that is open may submit a request

13  for payment to the Justice Administrative Commission at the

14  following intervals:

15         1.  Upon entry of an order of disposition as to the

16  parent being represented;

17         2.  Upon conclusion of a 12-month permanency review;

18  and

19         3.  Following a judicial review hearing.

20  

21  In no case, however, may counsel submit requests under this

22  subsection more than once per quarter, unless the court finds

23  extraordinary circumstances justifying more frequent

24  submission of payment requests.

25         (8)  Private court-appointed counsel representing an

26  individual in an appeal to a district court of appeal or the

27  Supreme Court may submit a request for payment to the Justice

28  Administrative Commission at the following intervals:

29         1.  Upon the filing of an appellate brief, including,

30  but not limited to, a reply brief; and

31  

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 1         2.  When the opinion of the appellate court is

 2  finalized.

 3         (9)  Private court-appointed counsel may bill for no

 4  more than one half-hour for preparation of each invoice for

 5  attorney's fees in a case paid on the basis of an hourly rate,

 6  unless the court has approved the attorney to bill more time

 7  for preparation of the invoice. Private court-appointed

 8  counsel may not bill for preparation of invoices for cases

 9  paid on the basis of a flat fee.

10         Section 5.  Subsection (2) of section 27.54, Florida

11  Statutes, is amended to read:

12         27.54  Limitation on payment of expenditures for public

13  defender's office other than by the state.--

14         (2)  A county or municipality may contract with, or

15  appropriate or contribute funds to, the operation of the

16  offices of the various public defenders as provided in this

17  subsection. A public defender defending violations of special

18  laws or county or municipal ordinances punishable by

19  incarceration and not ancillary to a state charge shall

20  contract with counties and municipalities to recover the full

21  cost of services rendered on an hourly basis or reimburse the

22  state for the full cost of assigning one or more full-time

23  equivalent attorney positions to work on behalf of the county

24  or municipality. Notwithstanding any other provision of law,

25  in the case of a county with a population of less than 75,000,

26  the public defender shall contract for full reimbursement, or

27  for reimbursement as the parties otherwise agree. In cases of

28  violations of special laws or local ordinances, the county or

29  municipality shall pay for due process services that are

30  approved by the court, including deposition costs, deposition

31  transcript costs, investigative costs, witness fees, expert

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 1  witness costs, and interpreter costs. The person charged with

 2  the violation shall be assessed a fee for the services of a

 3  public defender and other costs and fees paid by the county or

 4  municipality, which assessed fee may be reduced to a lien, in

 5  all instances where the person enters a plea or is found to be

 6  in violation or guilty of any count or lesser included offense

 7  of the charge or companion case charges, regardless of

 8  adjudication. The court shall determine the amount of the

 9  obligation. The county or municipality may recover assessed

10  fees through collections court or as otherwise permitted by

11  law, and any fees recovered under this section shall be

12  forwarded to the applicable county or municipality as

13  reimbursement.

14         (a)  A contract for reimbursement on an hourly basis

15  shall require a county or municipality to reimburse the public

16  defender for services rendered at a rate of $50 per hour. If

17  an hourly rate is specified in the General Appropriations Act,

18  that rate shall control.

19         (b)  A contract for assigning one or more full-time

20  equivalent attorney positions to perform work on behalf of the

21  county or municipality shall assign one or more full-time

22  equivalent positions based on estimates by the public defender

23  of the number of hours required to handle the projected

24  workload. The full cost of each full-time equivalent attorney

25  position on an annual basis shall be $50, or the amount

26  specified in the General Appropriations Act, multiplied by the

27  legislative budget request standard for available work hours

28  for one full-time equivalent attorney position, or, in the

29  absence of that standard, 1,854 hours. The contract may

30  provide for funding full-time equivalent positions in

31  one-quarter increments.

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 1         (c)  Any payments received under pursuant to this

 2  subsection shall be deposited into the Grants and Donations

 3  Trust Fund within the Justice Administrative Commission for

 4  appropriation by the Legislature.

 5         Section 6.  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 shall may charge for

 9  services rendered by the clerk's office in recording documents

10  and instruments and in performing the duties enumerated in

11  amounts not to exceed those specified in this section.

12  Notwithstanding any other provision of this section, the clerk

13  of the circuit court shall provide without charge to the state

14  attorney, public defender, and guardian ad litem, public

15  guardian, attorney ad litem, and court-appointed counsel paid

16  by the state, and to the authorized staff acting on behalf of

17  each, access to and a copy of any public record, if the

18  requesting party is entitled by law to view the exempt or

19  confidential record, as maintained by and in the custody of

20  the clerk of the circuit court as provided in general law and

21  the Florida Rules of Judicial Administration. The clerk of the

22  circuit court may provide the requested public record in an

23  electronic format in lieu of a paper format when capable of

24  being accessed by the 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. All official records, as defined in

21  s. 28.001, are the property of the county, and the clerk or

22  comptroller, or the county office other than the clerk or

23  comptroller who has the duty of maintaining official records,

24  is designated the custodian of the official records. The clerk

25  of court or any entity acting on behalf of the clerk of court,

26  including an association, shall not charge a fee to any agency

27  as defined in s. 119.011, the Legislature, or the State Court

28  System for copies of records generated by the Comprehensive

29  Case Information System or held by the clerk of court or any

30  entity acting on behalf of the clerk of court, including an

31  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 7.  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  against a single defendant which contains multiple alleged

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 1  violations. A filing fee, other than that imposed under this

 2  section, may not be assessed for initiating an enforcement

 3  proceeding in circuit court for a violation of a county or

 4  municipal code or ordinance or a violation of a special law.

 5  The filing fee does not apply to instances in which a county

 6  or a municipality has contracted with the state, or has been

 7  delegated by the state, responsibility for enforcing state

 8  operations, policies, or requirements under s. 125.69, s.

 9  166.0415, or chapter 162.

10         Section 8.  Subsection (2) of section 28.241, Florida

11  Statutes, is amended to read:

12         28.241  Filing fees for trial and appellate

13  proceedings.--

14         (2)(a)  Upon the institution of any appellate

15  proceeding from any lower court to the circuit court of any

16  such county, including appeals filed by a county or

17  municipality as provided in s. 34.041(5), or from the circuit

18  court to an appellate court of the state, the clerk shall

19  charge and collect from the party or parties instituting such

20  appellate proceeding proceedings a filing fee not to exceed

21  $250 for filing a notice of appeal from the county court to

22  the circuit court. The clerk shall remit the first $50 to the

23  Department of Revenue for deposit into the General Revenue

24  Fund. One-third of the fee collected by the clerk in excess of

25  $50 also shall be remitted to the Department of Revenue for

26  deposit into the Clerks of the Court Trust Fund. and,

27         (b)  In addition to the filing fee required under s.

28  25.241 or s. 35.22, the clerk shall collect and retain from

29  the party or parties instituting an appellate proceeding a

30  service charge of $75 $50 for filing a notice of appeal from

31  

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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 9.  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 10.  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  A monthly payment amount, calculated based upon all fees and

11  all anticipated costs, is presumed to correspond to the

12  person's ability to pay if it does not exceed 2 percent of the

13  person's annual net income, as defined in s. 27.52(1), divided

14  by 12. The court may review the reasonableness of the payment

15  plan, and determined by the court to be unable to make payment

16  in full, shall be enrolled by the clerk in a payment program,

17  with periodic payment amounts corresponding to the

18  individual's ability to pay.

19         Section 11.  Section 28.345, Florida Statutes, is

20  amended to read:

21         28.345  Exemption from court-related fees and

22  charges.--Notwithstanding any other provision of this chapter

23  or law to the contrary, judges and those court staff acting on

24  behalf of judges, state attorneys, guardians ad litem, public

25  guardians, attorneys ad litem, court-appointed private

26  counsel, and public defenders, acting in their official

27  capacity, and state agencies, are exempt from all

28  court-related fees and charges assessed by the clerks of the

29  circuit courts.

30         Section 12.  Paragraph (a) of subsection (3) of section

31  28.35, Florida Statutes, is amended to read:

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 1         28.35  Florida Clerks of Court Operations

 2  Corporation.--

 3         (3)(a)  The Clerks of Court Operations Corporation

 4  shall certify to the President of the Senate, the Speaker of

 5  the House of Representatives, the Chief Financial Officer, and

 6  the Department of Revenue by October 15 of each year, the

 7  amount of the proposed budget certified for each clerk; the

 8  revenue projection supporting each clerk's budget; each clerk

 9  eligible to retain some or all of the state's share of fines,

10  fees, service charges, and costs; the amount to be paid to

11  each clerk from the Clerks of the Court Trust Fund within the

12  Department of Revenue; the performance measures and standards

13  approved by the conference for each clerk; and the performance

14  of each clerk in meeting the performance standards. This

15  certification must also include a report of any additional

16  budget funding authority the corporation approves for a clerk

17  under s. 28.36(6), as well as the documentation required under

18  s. 28.36 relating to the factual basis for the approval.

19         Section 13.  Paragraph (a) of subsection (3) and

20  paragraph (b) of subsection (4) of section 28.36, Florida

21  Statutes, are amended, present subsection (6) of that section

22  is redesignated as subsection (7), and a new subsection (6) is

23  added to that section, to read:

24         28.36  Budget procedure.--There is hereby established a

25  budget procedure for the court-related functions of the clerks

26  of the court.

27         (3)  Each proposed budget shall further conform to the

28  following requirements:

29         (a)  On or before August 15 1 for each fiscal year

30  thereafter, the proposed budget shall be prepared, summarized,

31  and submitted by the clerk in each county to the Clerks of

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 1  Court Operations Corporation in the manner and form prescribed

 2  by the corporation conference. The proposed budget must

 3  provide detailed information on the anticipated revenues

 4  available and expenditures necessary for the performance of

 5  the standard list of court-related functions of the clerk's

 6  office developed pursuant to s. 28.35(4)(a) for the county

 7  fiscal year beginning the following October 1.

 8         (4)  If a clerk of the court estimates that available

 9  funds plus projected revenues from fines, fees, service

10  charges, and costs for court-related services are insufficient

11  to meet the anticipated expenditures for the standard list of

12  court-related functions in s. 28.35(4)(a) performed by his or

13  her office, the clerk must report the revenue deficit to the

14  Clerks of Court Operations Corporation in the manner and form

15  prescribed by the corporation pursuant to contract with the

16  Chief Financial Officer. The corporation shall verify that the

17  proposed budget is limited to the standard list of

18  court-related functions in s. 28.35(4)(a).

19         (b)  If the Chief Financial Officer, after reviewing a

20  clerk's approved court-related budget, Department of Revenue

21  finds that the court-related budget proposed by a clerk

22  includes functions not included in the standard list of

23  court-related functions in s. 28.35(4)(a) s. 28.35(3)(a), the

24  Chief Financial Officer department shall notify the clerk of

25  the amount of the proposed budget not eligible to be funded

26  from fees, service charges, costs, and fines for court-related

27  functions, and shall identify appropriate corrective measures

28  to assure budget integrity. The clerk shall then immediately

29  discontinue all ineligible the expenditures of court-related

30  funds for this purpose and reimburse the Clerks of the Court

31  Trust Fund for any previous ineligible expenditures made for

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 1  noncourt-related functions, and shall implement any corrective

 2  actions identified by the Chief Financial Officer incurred to

 3  date for these functions.

 4         (6)  The Florida Clerks of Court Operations Corporation

 5  may approve funding and adjust the maximum of a clerk's

 6  authorized court-related budget in excess of the amount

 7  otherwise authorized to be funded 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.  To determine the

14  necessary additional functions, the Clerk of Court Corporation

15  must propose to the Department of Financial Services a

16  methodology to determine any increases.  The Department of

17  Financial Services shall review and approve any such

18  methodology before the Clerk of Court Corporation may use it

19  to approve an increase in the maximum annual budget for any

20  clerk of court.

21         (b)  The additional funding is reasonable and necessary

22  to pay the additional costs required for the clerk to support

23  increases in the number of judges or magistrates authorized by

24  the Legislature.  To determine the necessary additional

25  funding, the Clerk of Court Corporation must propose a

26  staffing model, including the number of new staff, the cost of

27  such staff, and the expenses for each new judge or magistrate.

28  The Department of Financial Services shall review and approve

29  any such staffing model before it may be used to approve an

30  increase in the maximum annual budget for any clerk of court.

31  

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 1         Section 14.  Subsection (4) of section 28.37, Florida

 2  Statutes, is amended to read:

 3         28.37  Fines, fees, service charges, and costs remitted

 4  to the state.--

 5         (4)  Beginning January 1, 2005, for the period July 1,

 6  2004, through September 30, 2004, and each January 1

 7  thereafter for the preceding county fiscal year of October 1

 8  through September 30, the clerk of the court must remit to the

 9  Department of Revenue for deposit in the General Revenue Fund

10  the cumulative excess of all fees, service charges, court

11  costs, and fines retained by the clerks of the court, plus any

12  funds received by the clerks of the court from the Department

13  of Revenue's Clerk of the Court Trust Fund under s.

14  28.36(4)(a), over the amount needed to meet the approved

15  budget amounts established under s. 28.36.

16         Section 15.  Section 28.44, Florida Statutes, is

17  created to read:

18         28.44  Clerk discontinuance of court-related

19  functions.--

20         (1)  A function of the clerk of court being performed

21  in support of the trial courts by the individual clerks of

22  court on July 1, 2004, may not be discontinued or

23  substantially modified on a unilateral basis except pursuant

24  to this section. A clerk of court may discontinue performing a

25  function performed in support of the trial court only if:

26         (a)  The chief judge of the circuit has consented in

27  writing to the discontinuance or substantial modification of

28  the function performed in support of the trial court; or

29         (b)  The clerk of court has given written notice of the

30  intention to substantially modify or discontinue a function

31  performed in support of the trial court at least 1 year before

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 1  the effective date of the discontinuance or substantial

 2  modification of the function.

 3         (2)  "Substantial modification" of a function performed

 4  in support of the trial court means a modification which has

 5  the effect of reducing the level of services provided to the

 6  trial court.

 7         Section 16.  Subsection (6) of section 29.004, Florida

 8  Statutes, is amended to read:

 9         29.004  State courts system.--For purposes of

10  implementing s. 14, Art. V of the State Constitution, the

11  elements of the state courts system to be provided from state

12  revenues appropriated by general law are as follows:

13         (6)  Expert witnesses who not requested by any party

14  which are appointed by the court pursuant to an express grant

15  of statutory authority.

16         Section 17.  Section 29.007, Florida Statutes, is

17  amended to read:

18         29.007  Court-appointed counsel.--For purposes of

19  implementing s. 14, Art. V of the State Constitution, the

20  elements of court-appointed counsel to be provided from state

21  revenues appropriated by general law are as follows:

22         (1)  Private attorneys appointed by the court to handle

23  cases where the defendant is indigent and cannot be

24  represented by the public defender under ss. 27.42 and 27.53.

25         (2)  Private attorneys appointed by the court to

26  represent indigents or other classes of litigants in civil

27  proceedings requiring court-appointed counsel in accordance

28  with state and federal constitutional guarantees and federal

29  and state statutes.

30         (3)  Reasonable court reporting and transcription

31  services necessary to meet constitutional or statutory

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 1  requirements, including the cost of transcribing and copying

 2  depositions of witnesses and the cost of foreign language and

 3  sign-language interpreters and translators.

 4         (4)  Witnesses, including expert witnesses, summoned to

 5  appear for an investigation, preliminary hearing, or trial in

 6  a case when the witnesses are summoned on behalf of an

 7  indigent, and any other expert witnesses approved by the

 8  court.

 9         (5)  Mental health professionals appointed pursuant to

10  s. 394.473 and required in a court hearing involving an

11  indigent, and mental health professionals appointed pursuant

12  to s. 916.115(2) and required in a court hearing involving an

13  indigent, and any other mental health professionals required

14  by law for the full adjudication of any civil case involving

15  an indigent person.

16         (6)  Reasonable pretrial consultation fees and costs.

17         (7)  Travel expenses reimbursable under s. 112.061

18  reasonably necessary in the performance of constitutional and

19  statutory responsibilities.

20  

21  Subsections (3), (4), (5), (6), and (7) apply when

22  court-appointed counsel is appointed; when the litigant

23  retains, or is represented on a pro-bono basis by, a private

24  attorney and the court determines that the litigant is

25  indigent for costs; or when the litigant is acting pro se and

26  the court determines that the litigant is indigent for costs

27  at the trial or appellate level. This section applies in any

28  situation in which the court appoints counsel to protect a

29  litigant's due-process rights. The Justice Administrative

30  Commission shall approve uniform contract forms for use in

31  processing due-process services under this section. In each

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 1  case in which a private attorney represents a person

 2  determined by the court to be indigent for costs, the attorney

 3  shall execute the commission's contract for private attorneys

 4  representing persons who are indigent for costs.

 5         Section 18.  Subsection (1) of section 29.008, Florida

 6  Statutes, is amended to read:

 7         29.008  County funding of court-related functions.--

 8         (1)  Counties are required by s. 14, Art. V of the

 9  State Constitution to fund the cost of communications

10  services, existing radio systems, existing multiagency

11  criminal justice information systems, and the cost of

12  construction or lease, maintenance, utilities, and security of

13  facilities for the circuit and county courts, public

14  defenders' offices, state attorneys' offices, guardian ad

15  litem offices, and the offices of the clerks of the circuit

16  and county courts performing court-related functions. For

17  purposes of this section, the term "circuit and county courts"

18  shall include the offices and staffing of the guardian ad

19  litem programs. The county designated under s. 35.05(1) as the

20  headquarters for each appellate district shall fund these

21  costs for the appellate division of the public defender's

22  office in that county. For purposes of implementing these

23  requirements, the term:

24         (a)  "Facility" means reasonable and necessary

25  buildings and office space and appurtenant equipment and

26  furnishings, structures, real estate, easements, and related

27  interests in real estate, including, but not limited to, those

28  for the purpose of housing legal materials for use by the

29  general public and personnel, equipment, or functions of the

30  circuit or county courts, public defenders' offices, state

31  attorneys' offices, and court-related functions of the office

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 1  of the clerks of the circuit and county courts and all

 2  storage. The term "facility" includes all wiring necessary for

 3  court-reporting services. The term also includes access to

 4  parking for such facilities in connection with such

 5  court-related functions that may be available free or from a

 6  private provider or a local government for a fee. The office

 7  space provided by a county may not be less than the standards

 8  for space allotment adopted by the Department of Management

 9  Services, except that this requirement applies only to

10  facilities that are leased, or on which construction

11  commences, after June 30, 2003. County funding must include

12  physical modifications and improvements to all facilities as

13  are required for compliance with the Americans with

14  Disabilities Act. Upon mutual agreement of a county and the

15  affected entity in this paragraph, the office space provided

16  by the county may vary from the standards for space allotment

17  adopted by the Department of Management Services. This section

18  applies only to facilities that are leased, or on which

19  construction commences, after June 30, 2003.

20         1.  As of July 1, 2005, equipment and furnishings shall

21  be limited to that appropriate and customary for courtrooms,

22  hearing rooms, jury facilities, and other public areas in

23  courthouses and any other facility occupied by the courts,

24  state attorneys, and public defenders. Court-reporting

25  equipment in these areas or facilities is not a responsibility

26  of the county.

27         2.  Equipment and furnishings under this paragraph in

28  existence and owned by counties on July 1, 2005, except for

29  that in the possession of the clerks, for areas other than

30  courtrooms, hearing rooms, jury facilities, and other public

31  areas in courthouses and any other facility occupied by the

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 1  courts, state attorneys, and public defenders, shall be

 2  transferred to the state at no charge. This provision does not

 3  apply to any communication services as defined in paragraph

 4  (f).

 5         (b)  "Construction or lease" includes, but is not

 6  limited to, all reasonable and necessary costs of the

 7  acquisition or lease of facilities for all judicial officers,

 8  staff, jurors, volunteers of a tenant agency, and the public

 9  for the circuit and county courts, the public defenders'

10  offices, state attorneys' offices, and for performing the

11  court-related functions of the offices of the clerks of the

12  circuit and county courts. This includes expenses related to

13  financing such facilities and the existing and future cost and

14  bonded indebtedness associated with placing the facilities in

15  use.

16         (c)  "Maintenance" includes, but is not limited to, all

17  reasonable and necessary costs of custodial and groundskeeping

18  services and renovation and reconstruction as needed to

19  accommodate functions for the circuit and county courts, the

20  public defenders' offices, and state attorneys' offices and

21  for performing the court-related functions of the offices of

22  the clerks of the circuit and county court and for maintaining

23  the facilities in a condition appropriate and safe for the use

24  intended.

25         (d)  "Utilities" means all electricity services for

26  light, heat, and power; natural or manufactured gas services

27  for light, heat, and power; water and wastewater services and

28  systems, stormwater or runoff services and systems, sewer

29  services and systems, all costs or fees associated with these

30  services and systems, and any costs or fees associated with

31  

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 1  the mitigation of environmental impacts directly related to

 2  the facility.

 3         (e)  "Security" includes but is not limited to, all

 4  reasonable and necessary costs of services of law enforcement

 5  officers or licensed security guards and all electronic,

 6  cellular, or digital monitoring and screening devices

 7  necessary to ensure the safety and security of all persons

 8  visiting or working in a facility; to provide for security of

 9  the facility, including protection of property owned by the

10  county or the state; and for security of prisoners brought to

11  any facility. This includes bailiffs while providing courtroom

12  and other security for each judge and other quasi-judicial

13  officers.

14         (f)  "Communications services" are defined as any

15  reasonable and necessary transmission, emission, and reception

16  of signs, signals, writings, images, and sounds of

17  intelligence of any nature by wire, radio, optical, audio

18  equipment, or other electromagnetic systems and includes all

19  facilities and equipment owned, leased, or used by judges,

20  clerks, public defenders, state attorneys, and all staff of

21  the state courts system, state attorneys' offices, public

22  defenders' offices, and clerks of the circuit and county

23  courts performing court-related functions. Such system or

24  services shall include, but not be limited to:

25         1.  Telephone system infrastructure, including computer

26  lines, telephone switching equipment, and maintenance, and

27  facsimile equipment, wireless communications, cellular

28  telephones, pagers, and video teleconferencing equipment and

29  line charges. Each county shall continue to provide access to

30  a local carrier for local and long distance service and shall

31  pay toll charges for local and long distance service.

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 1         2.  All computer networks, systems and equipment,

 2  including computer hardware and software, modems, printers,

 3  wiring, network connections, maintenance, support staff or

 4  services including any county-funded support staff located in

 5  the offices of the circuit court, county courts, state

 6  attorneys, and public defenders, training, supplies, and line

 7  charges necessary for an integrated computer system to support

 8  the operations and management of the state courts system, the

 9  offices of the public defenders, the offices of the state

10  attorneys, and the offices of the clerks of the circuit and

11  county courts and the capability to connect those entities and

12  reporting data to the state as required for the transmission

13  of revenue, performance accountability, case management, data

14  collection, budgeting, and auditing purposes. The integrated

15  computer system shall be operational by July 1, 2006, and, at

16  a minimum, permit the exchange of financial, performance

17  accountability, case management, case disposition, and other

18  data across multiple state and county information systems

19  involving multiple users at both the state level and within

20  each judicial circuit and be able to electronically exchange

21  judicial case background data, sentencing scoresheets, and

22  video evidence information stored in integrated case

23  management systems over secure networks. Once the integrated

24  system becomes operational, counties may reject requests to

25  purchase communication services included in this subparagraph

26  not in compliance with standards, protocols, or processes

27  adopted by the board established pursuant to s. 29.0086.

28         3.  Courier messenger and subpoena services.

29         4.  Auxiliary aids and services for qualified

30  individuals with a disability which are necessary to ensure

31  access to the courts. Such auxiliary aids and services

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 1  include, but are not limited to, sign language interpretation

 2  services required under the federal Americans with

 3  Disabilities Act other than services required to satisfy due

 4  process requirements and identified as a state funding

 5  responsibility pursuant to ss. 29.004, 29.005, 29.006, and

 6  29.007, real-time transcription services for individuals who

 7  are hearing impaired, and assistive listening devices and the

 8  equipment necessary to implement such accommodations.

 9         (g)  "Existing radio systems" includes, but is not

10  limited to, law enforcement radio systems that are used by the

11  circuit and county courts, the offices of the public

12  defenders, the offices of the state attorneys, and for

13  court-related functions of the offices of the clerks of the

14  circuit and county courts. This includes radio systems that

15  were operational or under contract at the time Revision No. 7,

16  1998, to Art. V of the State Constitution was adopted and any

17  enhancements made thereafter, the maintenance of those

18  systems, and the personnel and supplies necessary for

19  operation.

20         (h)  "Existing multiagency criminal justice information

21  systems" includes, but is not limited to, those components of

22  the multiagency criminal justice information system as defined

23  in s. 943.045, supporting the offices of the circuit or county

24  courts, the public defenders' offices, the state attorneys'

25  offices, or those portions of the offices of the clerks of the

26  circuit and county courts performing court-related functions

27  that are used to carry out the court-related activities of

28  those entities. This includes upgrades and maintenance of the

29  current equipment, maintenance and upgrades of supporting

30  technology infrastructure and associated staff, and services

31  and expenses to assure continued information sharing and

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 1  reporting of information to the state. The counties shall also

 2  provide additional information technology services, hardware,

 3  and software as needed for new judges and staff of the state

 4  courts system, state attorneys' offices, public defenders'

 5  offices, and the offices of the clerks of the circuit and

 6  county courts performing court-related functions.

 7         Section 19.  Section 29.0081, Florida Statutes, is

 8  created to read:

 9         29.0081  County funding of additional court

10  personnel.--

11         (1)  A county and the chief judge of a judicial circuit

12  that includes that county may enter into an agreement under

13  which the county funds personnel positions to assist in the

14  operation of the circuit.

15         (2)  The agreement shall, at a minimum, provide that:

16         (a)  Funding for the positions is provided on at least

17  a court fiscal-year basis;

18         (b)  The personnel whose employment is funded under the

19  agreement are employees of the judicial circuit and are hired,

20  supervised, managed, and fired by personnel of the judicial

21  circuit; and

22         (c)  The positions terminate upon the expiration of, or

23  substantial breach of, the agreement or upon the expiration of

24  county funding for the positions.

25         (3)  Positions funded under this section shall be

26  full-time equivalent positions of the judicial circuit but

27  shall not count against any formula or similar process used by

28  the Office of the State Courts Administrator to determine

29  personnel needs or levels of a judicial circuit.

30         (4)  Nothing in this section obligates the state to

31  fund any personnel positions.

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 1         Section 20.  Subsection (2) of section 29.015, Florida

 2  Statutes, is amended to read:

 3         29.015  Contingency fund; limitation of authority to

 4  transfer funds in contracted due process services

 5  appropriation categories.--

 6         (2)  In the event that a state attorney or public

 7  defender incurs a deficit in a contracted due process services

 8  appropriation category, the following steps shall be taken in

 9  order:

10         (a)  The state attorney or public defender shall first

11  attempt to identify surplus funds from other appropriation

12  categories within his or her office and submit a budget

13  amendment pursuant to chapter 216 to transfer funds from

14  within the office.

15         (b)  In the event that the state attorney or public

16  defender is unable to identify surplus funds from within his

17  or her office, he or she shall certify this to the Justice

18  Administrative Commission along with a complete explanation of

19  the circumstances which led to the deficit and steps the

20  office has taken to reduce or alleviate the deficit. The

21  Justice Administrative Commission shall inquire as to whether

22  any other office has surplus funds in its contracted due

23  process services appropriation categories which can be

24  transferred to the office that is experiencing the deficit. If

25  other offices indicate that surplus funds are available within

26  the same appropriation category, the Justice Administrative

27  Commission shall transfer the amount needed to fund the

28  deficit and notify the Governor and the chair and vice chair

29  of the legislative budget commission 14 days prior to a

30  transfer pursuant to the notice, review, and objection

31  provisions of s. 216.177. If funds appropriated for this

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 1  purpose are available in a different budget entity, the

 2  Justice Administrative Commission shall request a budget

 3  amendment pursuant to chapter 216 request a budget amendment

 4  to transfer funds from the office or offices to alleviate the

 5  deficit upon agreement of the contributing office or offices.

 6         (c)  If no office indicates that surplus funds are

 7  available to alleviate the deficit, the Justice Administrative

 8  Commission may request a budget amendment to transfer funds

 9  from the contingency fund. Such transfers shall be in

10  accordance with all applicable provisions of chapter 216 and

11  shall be subject to review and approval by the Legislative

12  Budget Commission. The Justice Administrative Commission shall

13  submit the documentation provided by the office explaining the

14  circumstances that led to the deficit and the steps taken by

15  the office and the Justice Administrative Commission to

16  identify surplus funds to the Legislative Budget Commission.

17         Section 21.  Section 29.018, Florida Statutes, is

18  amended to read:

19         29.018  Cost sharing of due-process due process costs;

20  legislative intent.--It is the intent of the Legislature to

21  provide state-funded due-process due process services to the

22  state courts system, state attorneys, public defenders, and

23  court-appointed counsel in the most cost-effective and

24  efficient manner. The state courts system, state attorneys,

25  public defenders, and the Justice Administrative Commission on

26  behalf of court-appointed counsel may enter into contractual

27  agreements to share, on a pro rata basis, the costs associated

28  with court reporting services, court interpreter and

29  translation services, court experts, and all other due-process

30  due process services funded by the state pursuant to this

31  

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 1  chapter. These costs shall be budgeted within the funds

 2  appropriated to each of the affected users of services.

 3         Section 22.  Section 29.0185, Florida Statutes, is

 4  created to read:

 5         29.0185  Provision of state-funded due-process services

 6  to individuals.--Due-process services may not be provided with

 7  state revenues to an individual unless:

 8         (1)  The individual on whose behalf the due-process

 9  services are being provided is eligible for court-appointed

10  counsel under s. 27.40, based upon a determination of

11  indigency under s. 27.52, regardless of whether such counsel

12  is appointed; or

13         (2)  The due-process services are provided pursuant to

14  a court order.

15         Section 23.  Subsection (1) of section 34.045, Florida

16  Statutes, is amended to read:

17         34.045  Cost recovery; use of the county court for

18  ordinance or special law violations.--

19         (1)(a)  In lieu of payment of a filing fee under s.

20  34.041, a filing fee of $10 shall be paid by a county or

21  municipality when filing a violation of a county or municipal

22  ordinance or a violation of a special law in county court.

23  This fee shall be paid to the clerk of the court for

24  performing court-related functions. A county or municipality

25  is not required to pay more than one filing fee for a single

26  filing that contains multiple alleged violations. A filing

27  fee, other than that imposed under this section, may not be

28  assessed for initiating an enforcement proceeding in county

29  court for a violation of a county or municipal code or

30  ordinance or a violation of a special law. The filing fee

31  under this section does not apply to:

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 1         1.  Violations of a local government code that are

 2  enforced under part I of chapter 162;

 3         2.  Instances in which a county or a municipality has

 4  contracted with the state, or has been delegated by the state,

 5  responsibility for enforcing state operations, policies, or

 6  requirements under s. 125.69, s. 166.0415, or chapter 162; or

 7         3.  Instances in which the filing of a violation of a

 8  county or municipal code or ordinance or a violation of a

 9  special law also includes a violation of state law.

10         (b)  No other filing fee may be assessed for filing the

11  violation in county court. If a person contests the violation

12  in court, the court shall assess $40 in costs against the

13  nonprevailing party. The county or municipality shall be

14  considered the prevailing party when there is a plea or

15  finding of violation or guilt to any count or lesser included

16  offense of the charge or companion case charges, regardless of

17  adjudication. Costs Cost recovered pursuant to this paragraph

18  shall be deposited into the clerk's fine and forfeiture fund

19  established pursuant to s. 142.01.

20         (c)  If the person does not contest the violation in

21  court, or if the county or municipality is the prevailing

22  party, the court shall assess the person or nonprevailing

23  party $10 for the filing fee provided in paragraph (a), which

24  amount shall be forwarded to the county or municipality.

25         Section 24.  Effective upon this act becoming a law,

26  section 34.191, Florida Statutes, is amended to read:

27         34.191  Fines and forfeitures; dispositions.--

28         (1)  All fines and forfeitures arising from offenses

29  tried in the county court shall be collected and accounted for

30  by the clerk of the court and, other than the charge provided

31  in s. 318.1215, disbursed in accordance with ss. 28.2402,

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 1  34.045, 142.01, and 142.03 142.13 and subject to the

 2  provisions of s. 28.246(5) and (6). Notwithstanding the

 3  provisions of this section, all fines and forfeitures arising

 4  from operation of the provisions of s. 318.1215 shall be

 5  disbursed in accordance with that section.

 6         (2)(a)  All fines and forfeitures received from

 7  violations of municipal ordinances committed within a

 8  municipality within the territorial jurisdiction of the county

 9  court, other than the charge provided in s. 318.1215, shall be

10  paid monthly to the municipality except as provided in s.

11  28.2402(2), s. 34.045(2), s. 318.21, or s. 943.25. For

12  purposes of this section, a municipality does not include the

13  unincorporated areas, if any, of a government created pursuant

14  to s. 6(e), Art. VIII of the State Constitution.

15         (b)  Notwithstanding paragraph (a), all fines and

16  forfeitures arising from offenses committed within an

17  unincorporated area of a municipality having a consolidated

18  government under s. 6(e), Art. VIII of the State Constitution

19  shall be paid monthly to the clerk of the county court.

20         (3)  All other fines and forfeitures collected by the

21  clerk, other than the charge provided in s. 318.1215, shall be

22  considered income of the office of the clerk for use in

23  performing court-related duties of the office.

24         Section 25.  Subsection (3) of section 39.0132, Florida

25  Statutes, is amended to read:

26         39.0132  Oaths, records, and confidential

27  information.--

28         (3)  The clerk shall keep all court records required by

29  this chapter separate from other records of the circuit court.

30  All court records required by this chapter shall not be open

31  to inspection by the public.  All records shall be inspected

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 1  only upon order of the court by persons deemed by the court to

 2  have a proper interest therein, except that, subject to the

 3  provisions of s. 63.162, a child and the parents of the child

 4  and their attorneys, guardian ad litem, law enforcement

 5  agencies, and the department and its designees shall always

 6  have the right to inspect and copy any official record

 7  pertaining to the child. The Justice Administrative Commission

 8  may inspect court dockets required by this chapter as

 9  necessary to audit compensation of court-appointed attorneys.

10  If the docket is insufficient for purposes of the audit, the

11  commission may petition the court for additional documentation

12  as necessary and appropriate. The court may permit authorized

13  representatives of recognized organizations compiling

14  statistics for proper purposes to inspect and make abstracts

15  from official records, under whatever conditions upon their

16  use and disposition the court may deem proper, and may punish

17  by contempt proceedings any violation of those conditions.

18         Section 26.  Subsection (1) of section 39.821, Florida

19  Statutes, is amended to read:

20         39.821  Qualifications of guardians ad litem.--

21         (1)  Because of the special trust or responsibility

22  placed in a guardian ad litem, the Guardian Ad Litem Program

23  may use any private funds collected by the program, or any

24  state funds so designated, to conduct a security background

25  investigation before certifying a volunteer to serve. A

26  security background investigation must include, but need not

27  be limited to, employment history checks, checks of

28  references, local criminal records checks through local law

29  enforcement agencies, and statewide criminal records checks

30  through the Department of Law Enforcement. Upon request, an

31  employer shall furnish a copy of the personnel record for the

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 1  employee or former employee who is the subject of a security

 2  background investigation conducted under this section. The

 3  information contained in the personnel record may include, but

 4  need not be limited to, disciplinary matters and the reason

 5  why the employee was terminated from employment. An employer

 6  who releases a personnel record for purposes of a security

 7  background investigation is presumed to have acted in good

 8  faith and is not liable for information contained in the

 9  record without a showing that the employer maliciously

10  falsified the record. A security background investigation

11  conducted under this section must ensure that a person is not

12  certified as a guardian ad litem if the person has been

13  convicted of, regardless of adjudication, or entered a plea of

14  nolo contendere or guilty to, any offense prohibited under the

15  provisions of the Florida Statutes specified in s. 435.04(2)

16  or under any similar law in another jurisdiction. Before

17  certifying an applicant to serve as a guardian ad litem, the

18  Guardian Ad Litem Program chief judge of the circuit court may

19  request a federal criminal records check of the applicant

20  through the Federal Bureau of Investigation. In analyzing and

21  evaluating the information obtained in the security background

22  investigation, the program must give particular emphasis to

23  past activities involving children, including, but not limited

24  to, child-related criminal offenses or child abuse. The

25  program has the sole discretion in determining whether to

26  certify a person based on his or her security background

27  investigation. The information collected pursuant to the

28  security background investigation is confidential and exempt

29  from s. 119.07(1).

30         Section 27.  Section 39.822, Florida Statutes, is

31  amended to read:

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 1         39.822  Appointment of guardian ad litem for abused,

 2  abandoned, or neglected child.--

 3         (1)  A guardian ad litem shall be appointed by the

 4  court at the earliest possible time to represent the child in

 5  any child abuse, abandonment, or neglect judicial proceeding,

 6  whether civil or criminal. Any person participating in a civil

 7  or criminal judicial proceeding resulting from such

 8  appointment shall be presumed prima facie to be acting in good

 9  faith and in so doing shall be immune from any liability,

10  civil or criminal, that otherwise might be incurred or

11  imposed.

12         (2)  In those cases in which the parents are

13  financially able, the parent or parents of the child shall

14  reimburse the court, in part or in whole, for the cost of

15  provision of guardian ad litem services.  Reimbursement to the

16  individual providing guardian ad litem services shall not be

17  contingent upon successful collection by the court from the

18  parent or parents.

19         (3)  Upon presentation by a guardian ad litem of a

20  court order appointing the guardian ad litem:

21         (a)  An agency, defined in chapter 119, shall allow the

22  guardian ad litem to inspect and copy records related to the

23  best interests of the child who is the subject of the

24  appointment, including, but not limited to, records made

25  confidential or exempt from s. 119.07(1) or s. 24(a), Art. I

26  of the State Constitution. The guardian ad litem shall

27  maintain the confidential or exempt status of any records

28  shared by an agency under this paragraph.

29         (b)  A person or organization, other than an agency

30  under paragraph (a), shall allow the guardian ad litem to

31  inspect and copy any records related to the best interests of

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 1  the child who is the subject of the appointment, including,

 2  but not limited to, confidential records.

 3  

 4  For the purposes of this subsection, the term "records related

 5  to the best interests of the child" includes, but is not

 6  limited to, medical, mental health, substance abuse, child

 7  care, education, law enforcement, court, social services, and

 8  financial records.

 9         (4)(3)  The guardian ad litem or the program

10  representative shall review all disposition recommendations

11  and changes in placements, and must be present at all critical

12  stages of the dependency proceeding or submit a written report

13  of recommendations to the court. Written reports must be filed

14  with the court and served on all parties whose whereabouts are

15  known at least 72 hours prior to the hearing.

16         Section 28.  Subsection (1) of section 40.29, Florida

17  Statutes, is amended to read:

18         40.29  Payment of due process costs.--

19         (1)(a)  Each clerk of the circuit court, on behalf of

20  the courts, the state attorney, and the public defender, and

21  court-appointed counsel, shall forward to the Justice

22  Administrative Commission, by county, a quarterly estimate of

23  funds necessary to pay for ordinary witnesses, including, but

24  not limited to, witnesses in civil traffic cases and witnesses

25  of the state attorney, public defender, court-appointed

26  counsel, and persons determined to be indigent for costs

27  except expert witnesses paid pursuant to a contract or other

28  professional services agreement, pursuant to ss. 29.005 and

29  29.006. Each quarter of the state fiscal year, the commission,

30  based upon the estimates, shall advance funds to each clerk to

31  

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 1  pay for these ordinary witnesses from state funds specifically

 2  appropriated for the payment of ordinary witnesses.

 3         (b)  Each clerk of the circuit court shall forward to

 4  the Office of the State Courts Administrator, by county, a

 5  quarterly estimate of funds necessary to pay juror

 6  compensation.

 7         Section 29.  Section 40.355, Florida Statutes, is

 8  created to read:

 9         40.355  Accounting and payment to public defenders and

10  state attorneys.--The clerk of the court shall, within 2 weeks

11  after the last day of the state's quarterly fiscal period,

12  render to the state attorney and the public defender in each

13  circuit a full statement of accounts for moneys received and

14  disbursed under this chapter.

15         Section 30.  Subsections (5) and (6) of section 43.16,

16  Florida Statutes, are amended, and subsection (7) is added to

17  that section, to read:

18         43.16  Justice Administrative Commission; membership,

19  powers and duties.--

20         (5)  The duties of the commission shall include, but

21  not be limited to, the following:

22         (a)  The maintenance of a central state office for

23  administrative services and assistance when possible to and on

24  behalf of the state attorneys and public defenders of Florida,

25  the office of capital collateral representative of Florida,

26  and the guardian ad litem program Judicial Qualifications

27  Commission.

28         (b)  Each state attorney and public defender and the

29  guardian ad litem program Judicial Qualifications Commission

30  shall continue to prepare necessary budgets, vouchers which

31  represent valid claims for reimbursement by the state for

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 1  authorized expenses, and other things incidental to the proper

 2  administrative operation of the office, such as revenue

 3  transmittals to the Chief Financial Officer and automated

 4  systems plans, but will forward same to the commission for

 5  recording and submission to the proper state officer. However,

 6  when requested by a state attorney, or a public defender, or

 7  the guardian ad litem program Judicial Qualifications

 8  Commission, the commission will either assist in the

 9  preparation of budget requests, voucher schedules, and other

10  forms and reports or accomplish the entire project involved.

11         (6)  The provisions contained in this section shall be

12  supplemental to those of chapter 27, relating to state

13  attorneys and public defenders; to those of chapter 39 s.

14  43.20, relating to the guardian ad litem program Judicial

15  Qualifications Commission; or to other laws pertaining hereto.

16         (7)  Chapter 120 does not apply to the Justice

17  Administrative Commission.

18         Section 31.  Subsection (6) is added to section 43.26,

19  Florida Statutes, to read:

20         43.26  Chief judge of circuit; selection; powers.--

21         (6)  The chief judge of each circuit is charged by s.

22  2(d), Art. V of the State Constitution and this section with

23  the authority to promote the prompt and efficient

24  administration of justice in the courts over which he or she

25  is chief judge. The clerks of court provide court-related

26  functions that are essential to the orderly administration of

27  the judicial branch. The chief judge of each circuit, after

28  consultation with the clerk of court, shall determine the

29  priority of services provided by the clerk of court to the

30  trial court. The clerk of court shall manage the performance

31  

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 1  of such services in a method or manner that is consistent with

 2  statute, court rule, or administrative order.

 3         Section 32.  Paragraph (b) of subsection (4) of section

 4  44.102, Florida Statutes, is amended to read:

 5         44.102  Court-ordered mediation.--

 6         (4)  The chief judge of each judicial circuit shall

 7  maintain a list of mediators who have been certified by the

 8  Supreme Court and who have registered for appointment in that

 9  circuit.

10         (b)  Nonvolunteer mediators shall be compensated

11  according to rules adopted by the Supreme Court. If a

12  mediation program is not funded pursuant to s. 44.108, a

13  mediator may be compensated by the county or by the parties.

14  When a party has been declared indigent or insolvent, that

15  party's pro rata share of a mediator's compensation shall be

16  paid by the county at the rate set by administrative order of

17  the chief judge of the circuit.

18         Section 33.  Section 44.108, Florida Statutes, is

19  amended to read:

20         44.108  Funding of mediation and arbitration.--

21         (1)  Mediation and arbitration should be accessible to

22  all parties regardless of financial status. A filing fee of $1

23  is levied on all proceedings in the circuit or county courts

24  to fund mediation and arbitration services which are the

25  responsibility of the Supreme Court pursuant to the provisions

26  of s. 44.106. The clerk of the court shall forward the moneys

27  collected to the Department of Revenue for deposit in the

28  state courts' Mediation and Arbitration Trust Fund.

29         (2)  When court-ordered mediation services are provided

30  by a circuit court's mediation program, the following fees,

31  

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 1  unless otherwise established in the General Appropriations

 2  Act, shall be collected by the clerk of court:

 3         (a)  Eighty dollars per person per scheduled session in

 4  family mediation when the parties' combined income is greater

 5  than $50,000, but less than $100,000 per year;

 6         (b)  Forty dollars per person per scheduled session in

 7  family mediation when the parties' combined income is less

 8  than $50,000; or

 9         (c)  Forty dollars per person per scheduled session in

10  county court cases.

11  

12  No mediation fees shall be assessed under this subsection in

13  residential eviction cases, against a party found to be

14  indigent, or for any small claims action. Fees collected by

15  the clerk of court pursuant to this section shall be remitted

16  to the Department of Revenue for deposit into the state

17  courts' Mediation and Arbitration Trust Fund to fund

18  court-ordered mediation. The clerk of court may deduct $1 per

19  fee assessment for processing this fee. The clerk of the court

20  shall submit to the chief judge of the circuit, no later than

21  30 days after the end of each quarter, a report specifying the

22  amount of funds collected under this section during each

23  quarter of the fiscal year.

24         Section 34.  Subsection (1) of section 57.081, Florida

25  Statutes, is amended to read:

26         57.081  Costs; right to proceed where prepayment of

27  costs waived.--

28         (1)  Any indigent person, except a prisoner as defined

29  in s. 57.085, who is a party or intervenor in any judicial or

30  administrative agency proceeding or who initiates such

31  proceeding shall receive the services of the courts, sheriffs,

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 1  and clerks, with respect to such proceedings, despite his or

 2  her present inability to pay for these services. Such services

 3  are limited to filing fees; service of process; certified

 4  copies of orders or final judgments; a single photocopy of any

 5  court pleading, record, or instrument filed with the clerk;

 6  examining fees; mediation services and fees; private

 7  court-appointed counsel fees; subpoena fees and services;

 8  service charges for collecting and disbursing funds; and any

 9  other cost or service arising out of pending litigation. In

10  any appeal from an administrative agency decision, for which

11  the clerk is responsible for preparing the transcript, the

12  clerk shall record the cost of preparing the transcripts and

13  the cost for copies of any exhibits in the record. Prepayment

14  of costs to any court, clerk, or sheriff is not required in

15  any action if the party has obtained in each proceeding a

16  certification of indigence in accordance with s. 27.52 or s.

17  57.082.

18         Section 35.  Section 57.082, Florida Statutes, is

19  created to read:

20         57.082  Determination of civil indigent status.--

21         (1)  APPLICATION TO THE CLERK.--A person seeking

22  appointment of a private attorney in a type of civil case for

23  which court-appointed counsel is authorized, or seeking relief

24  from prepayment of fees and costs under s. 57.081, based upon

25  an inability to pay must apply to the clerk of the court for a

26  determination of civil indigent status using an application

27  form developed by the Florida Clerks of Court Operations

28  Corporation and submitted to the Supreme Court for approval.

29         (a)  The application must include, at a minimum, the

30  following financial information:

31  

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 1         1.  Net income, consisting of total salary and wages,

 2  minus deductions required by law, including court-ordered

 3  support payments.

 4         2.  Other income, including, but not limited to, social

 5  security benefits, union funds, veterans' benefits, workers'

 6  compensation, other regular support from absent family

 7  members, public or private employee pensions, unemployment

 8  compensation, dividends, interest, rent, trusts, and gifts.

 9         3.  Assets, including, but not limited to, cash,

10  savings accounts, bank accounts, stocks, bonds, certificates

11  of deposit, equity in real estate, and equity in a boat or a

12  motor vehicle or in other tangible property.

13         4.  All liabilities and debts.

14  

15  The application must include a signature by the applicant

16  which attests to the truthfulness of the information provided.

17  The application form developed by the corporation must include

18  notice that the applicant may seek court review of a clerk's

19  determination that the applicant is not indigent, as provided

20  in this section.

21         (b)  The clerk shall assist a person who appears before

22  the clerk and requests assistance in completing the

23  application, and the clerk shall notify the court if a person

24  is unable to complete the application after the clerk has

25  provided assistance.

26         (c)  The clerk shall accept an application that is

27  signed by the applicant and submitted on his or her behalf by

28  a private attorney who is representing the applicant in the

29  applicable matter.

30         (2)  DETERMINATION BY THE CLERK.--The clerk of the

31  court shall determine whether an applicant seeking such

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 1  designation is indigent based upon the information provided in

 2  the application and the criteria prescribed in this

 3  subsection.

 4         (a)1.  An applicant, including an applicant who is a

 5  minor or an adult tax-dependent person, is indigent if the

 6  applicant's income is equal to or below 200 percent of the

 7  then-current federal poverty guidelines prescribed for the

 8  size of the household of the applicant by the United States

 9  Department of Health and Human Services.

10         2.  There is a presumption that the applicant is not

11  indigent if the applicant owns, has equity in, or has the

12  expectancy of any interest in any intangible or tangible

13  personal property or real property having a net equity value

14  of $2,500 or more, excluding the value of the person's

15  homestead and one vehicle having a net value not exceeding

16  $5,000.

17         (b)  Based upon its review, the clerk shall make one of

18  the following determinations:

19         1.  The applicant is not indigent.

20         2.  The applicant is indigent.

21         (c)  If the clerk determines that the applicant is

22  indigent, the clerk shall immediately file the determination

23  in the case record.

24         (d)  The duty of the clerk in determining whether an

25  applicant is indigent is limited to receiving the application

26  and comparing the information provided in the application to

27  the criteria prescribed in this subsection. The determination

28  of indigent status is a ministerial act of the clerk and may

29  not be based on further investigation or the exercise of

30  independent judgment by the clerk. The clerk may contract with

31  

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 1  third parties to perform functions assigned to the clerk under

 2  this section.

 3         (e)  The applicant may seek review of the clerk's

 4  determination that the applicant is not indigent in the court

 5  having jurisdiction over the matter by filing a petition to

 6  review the clerk's determination of nonindigent status for

 7  which a filing fee may not be charged. If the applicant seeks

 8  review of the clerk's determination of indigent status, the

 9  court shall make a final determination as provided in

10  subsection (4).

11         (3)  APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.--If

12  the clerk of the court has not made a determination of

13  indigent status at the time a person requests appointment of a

14  private attorney in a civil case eligible for court-appointed

15  counsel, the court shall make a preliminary determination of

16  indigent status, pending further review by the clerk, and may,

17  by court order, appoint private counsel on an interim basis.

18         (4)  REVIEW OF THE CLERK'S DETERMINATION.--

19         (a)  If the clerk of the court determines that the

20  applicant is not indigent, and the applicant seeks review of

21  the clerk's determination, the court shall make a final

22  determination of indigent status by reviewing the information

23  provided in the application against the criteria prescribed in

24  subsection (2) and by considering the following additional

25  factors:

26         1.  Whether paying for private counsel or other fees

27  and costs creates a substantial hardship for the applicant or

28  the applicant's family.

29         2.  Whether the applicant is proceeding pro se or is

30  represented by a private attorney for a fee or on a pro-bono

31  basis.

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 1         3.  When the applicant retained private counsel.

 2         4.  The amount of any attorney's fees and who is paying

 3  the fees.

 4         5.  Any other relevant financial circumstances of the

 5  applicant or the applicant's family.

 6         (b)  Based upon its review, the court shall make one of

 7  the following determinations and shall, if appropriate,

 8  appoint private counsel:

 9         1.  The applicant is not indigent.

10         2.  The applicant is indigent.

11         (5)  PROCESSING CHARGE; PAYMENT PLANS.--

12         (a)  A person who the clerk or the court determines is

13  indigent for civil proceedings under this section shall, upon

14  the request of the party, be enrolled in a payment plan under

15  s. 28.246 and shall be charged an administrative fee under s.

16  28.24(26)(b) and (c). A monthly payment amount, calculated

17  based upon all fees and all anticipated costs, is presumed to

18  correspond to the person's ability to pay if it does not

19  exceed 2 percent of the person's annual net income, as defined

20  in subsection (1), divided by 12. The person may seek review

21  of the clerk's decisions regarding a payment plan established

22  under s. 28.246 in the court having jurisdiction over the

23  matter. A case may not be impeded in any way, delayed in

24  filing, or delayed in its progress, including the final

25  hearing and order, due to nonpayment of any fees by an

26  indigent person.

27         (b)  Notwithstanding paragraph (a), a person who the

28  clerk or the court determines is indigent is entitled to the

29  waiver of all costs for the services listed in s. 57.081 if

30  that person's income is equal to or below 150 percent of the

31  then-current federal poverty guidelines prescribed for the

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 1  size of the household of the applicant by the United States

 2  Department of Health and Human Services or if the person is

 3  receiving Temporary Assistance for Needy Families-Cash

 4  Assistance, poverty-related veterans' benefits, or

 5  Supplemental Security Income (SSI).

 6         (6)  FINANCIAL DISCREPANCIES; FRAUD; FALSE

 7  INFORMATION.--

 8         (a)  If the court learns of discrepancies between the

 9  application and the actual financial status of the person

10  found to be indigent, the court shall determine whether the

11  status and any relief provided as a result of that status

12  shall be revoked. The person may be heard regarding the

13  information learned by the court. If the court, based on the

14  information, determines that the person is not indigent, the

15  court shall revoke the provision of any relief under this

16  section.

17         (b)  If the court has reason to believe that any

18  applicant, through fraud or misrepresentation, was improperly

19  determined to be indigent, the matter shall be referred to the

20  state attorney. Twenty-five percent of any amount recovered by

21  the state attorney as reasonable value of the services

22  rendered, including fees, charges, and costs paid by the state

23  on the person's behalf, shall be remitted to the Department of

24  Revenue for deposit into the Grants and Donations Trust Fund

25  within the Justice Administrative Commission for appropriation

26  by the Legislature to the state attorney. Seventy-five percent

27  of any amount recovered shall be remitted to the Department of

28  Revenue for deposit into the General Revenue Fund.

29         (c)  A person who knowingly provides false information

30  to the clerk or the court in seeking a determination of

31  indigent status under this section commits a misdemeanor of

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 1  the first degree, punishable as provided in s. 775.082 or s.

 2  775.083.

 3         Section 36.  Subsection (1) of section 92.142, Florida

 4  Statutes, is amended to read:

 5         92.142  Witnesses; pay.--

 6         (1)  Witnesses in all cases, civil and criminal, in all

 7  courts, now or hereafter created, and witnesses summoned

 8  before any arbitrator or general or special magistrate

 9  appointed by the court shall receive for each day's actual

10  attendance $5 and also 6 cents per mile for actual distance

11  traveled to and from the courts. A witness in a criminal case

12  required to appear in a county other than the county of his or

13  her residence and residing more than 50 miles from the

14  location of the trial shall be entitled to per diem and travel

15  expenses at the same rate provided for state employees under

16  s. 112.061, in lieu of any other witness fee at the discretion

17  of the court.

18         Section 37.  Effective July 1, 2006, subsections (2)

19  and (3) of section 92.231, Florida Statutes, are amended to

20  read:

21         92.231  Expert witnesses; fee.--

22         (2)  Any expert or skilled witness who shall have

23  testified in any cause shall be allowed a witness fee

24  including the cost of any exhibits used by such witness in an

25  amount agreed to by the parties, and the same shall be taxed

26  as costs. In instances where services are provided for the

27  state, including for state-paid private court-appointed

28  counsel, payment from state funds shall be in accordance with

29  standards adopted by the Legislature after receiving

30  recommendations from the Article V Indigent Services Advisory

31  Board.

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 1         (3)  In a criminal case in which the state or an

 2  indigent defendant requires the services of an expert witness

 3  whose opinion is relevant to the issues of the case, the

 4  expert witness shall be compensated in accordance with

 5  standards adopted by the Legislature after receiving

 6  recommendations from the Article V Indigent Services Advisory

 7  Board.

 8         Section 38.  Paragraph (y) is added to subsection (2)

 9  of section 110.205, Florida Statutes, to read:

10         110.205  Career service; exemptions.--

11         (2)  EXEMPT POSITIONS.--The exempt positions that are

12  not covered by this part include the following:

13         (y)  All officers and employees of the Justice

14  Administrative Commission, Office of the State Attorney,

15  Office of the Public Defender, regional offices of capital

16  collateral counsel, and Statewide Guardian Ad Litem Office,

17  including the circuit guardian ad litem programs.

18         Section 39.  Subsection (1) of section 116.01, Florida

19  Statutes, is amended to read:

20         116.01  Payment of public funds into treasury.--

21         (1)  Every state and county officer within this state

22  authorized to collect funds due the state or county shall pay

23  all sums officially received by the officer into the state or

24  county treasury not later than 7 working days from the close

25  of the week in which the officer received the funds. Funds

26  received by the county officer on behalf of the state shall be

27  deposited directly to the account of the State Treasury not

28  later than 7 working days from the close of the week in which

29  the officer received the funds. The clerk of the court, when

30  collecting funds as part of the clerk's court-related

31  functions, must remit those funds as required under s. 28.245.

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 1         Section 40.  Subsections (1) and (4) of section 116.21,

 2  Florida Statutes, are amended to read:

 3         116.21  Unclaimed moneys; limitation.--

 4         (1)  The sheriffs and clerks of the courts of the

 5  various counties of the state are authorized at their

 6  discretion on or before September 25 of each and every year

 7  hereafter to pay into the fine and forfeiture fund of their

 8  respective counties, or the fine and forfeiture fund created

 9  under s. 142.01, any or all unclaimed moneys deposited or

10  collected by them in their official capacity, which unclaimed

11  moneys came into their hands prior to January 1 of the

12  preceding year and for which moneys claim has not been made.

13  Any unclaimed moneys collected or deposited by the clerk of

14  the circuit court in the course of the clerk's court-related

15  activities may be processed under this chapter; however, the

16  clerk must pay for the cost of publication of the list of

17  unclaimed court-related funds. Any unclaimed court-related

18  funds collected or deposited by the clerk which remain

19  unclaimed must be deposited into the fine and forfeiture fund

20  established under s. 142.01.

21         (4)  Except for the cost of publishing the notice for

22  the clerk's unclaimed court-related moneys, the cost of

23  publishing the notices as required by subsection (2) shall be

24  paid by the county commissioners, and the sheriff or the clerk

25  shall receive as compensation the regular fee allowed by

26  statute for the collection of fines, fees, and costs adjudged

27  to the state upon the amounts remitted to the fine and

28  forfeiture fund.  Upon such payment to the fine and forfeiture

29  fund, the sheriff or clerk shall be released and discharged

30  from any and all further responsibility or liability in

31  connection therewith.

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 1         Section 41.  Paragraph (gg) of subsection (6) of

 2  section 119.07, Florida Statutes, is amended to read:

 3         119.07  Inspection and copying of records;

 4  photographing public records; fees; exemptions.--

 5         (6)

 6         (gg)1.  Until January 1, 2007 2006, if a social

 7  security number, made confidential and exempt pursuant to s.

 8  119.0721, created pursuant to s. 1, ch. 2002-256, passed

 9  during the 2002 regular legislative session, or a complete

10  bank account, debit, charge, or credit card number made exempt

11  pursuant to paragraph (dd), created pursuant to s. 1, ch.

12  2002-257, passed during the 2002 regular legislative session,

13  is or has been included in a court file, such number may be

14  included as part of the court record available for public

15  inspection and copying unless redaction is requested by the

16  holder of such number, or by the holder's attorney or legal

17  guardian, in a signed, legibly written request specifying the

18  case name, case number, document heading, and page number. The

19  request must be delivered by mail, facsimile, electronic

20  transmission, or in person to the clerk of the circuit court.

21  The clerk of the circuit court does not have a duty to inquire

22  beyond the written request to verify the identity of a person

23  requesting redaction. A fee may not be charged for the

24  redaction of a social security number or a bank account,

25  debit, charge, or credit card number pursuant to such request.

26         2.  Any person who prepares or files a document to be

27  recorded in the official records by the county recorder as

28  provided in chapter 28 may not include a person's social

29  security number or complete bank account, debit, charge, or

30  credit card number in that document unless otherwise expressly

31  required by law. Until January 1, 2007 2006, if a social

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 1  security number or a complete bank account, debit, charge or

 2  credit card number is or has been included in a document

 3  presented to the county recorder for recording in the official

 4  records of the county, such number may be made available as

 5  part of the official record available for public inspection

 6  and copying. Any person, or his or her attorney or legal

 7  guardian, may request that a county recorder remove from an

 8  image or copy of an official record placed on a county

 9  recorder's publicly available Internet website, or a publicly

10  available Internet website used by a county recorder to

11  display public records outside the office or otherwise made

12  electronically available outside the county recorder's office

13  to the general public, his or her social security number or

14  complete account, debit, charge, or credit card number

15  contained in that official record. Such request must be

16  legibly written, signed by the requester, and delivered by

17  mail, facsimile, electronic transmission, or in person to the

18  county recorder. The request must specify the identification

19  page number of the document that contains the number to be

20  redacted. The county recorder does not have a duty to inquire

21  beyond the written request to verify the identity of a person

22  requesting redaction. A fee may not be charged for redacting

23  such numbers.

24         3.  Upon the effective date of this act, subsections

25  (3) and (4) of s. 119.0721, do not apply to the clerks of the

26  court or the county recorder with respect to circuit court

27  records and official records.

28         4.  On January 1, 2007 2006, and thereafter, the clerk

29  of the circuit court and the county recorder must keep

30  complete bank account, debit, charge, and credit card numbers

31  exempt as provided for in paragraph (dd), and must keep social

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 1  security numbers confidential and exempt as provided for in s.

 2  119.0721, without any person having to request redaction.

 3         Section 42.  Section 142.01, Florida Statutes, is

 4  amended to read:

 5         142.01  Fine and forfeiture fund; clerk of the circuit

 6  court.--There shall be established by the clerk of the circuit

 7  court in each county of this state a separate fund to be known

 8  as the fine and forfeiture fund for use by the clerk of the

 9  circuit court in performing court-related functions. The fund

10  shall consist of the following:

11         (1)  Fines and penalties pursuant to ss. 28.2402(2),

12  34.045(2), 316.193, 327.35, 327.72, 372.72(1), and 775.083(1).

13         (2)  That portion of civil penalties directed to this

14  fund pursuant to s. 318.21.

15         (3)  Court costs pursuant to ss. 28.2402(1)(b),

16  34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and

17  (11)(a), and 938.05(3).

18         (4)  Proceeds from forfeited bail bonds, unclaimed

19  bonds, unclaimed moneys, or recognizances pursuant to ss.

20  321.05(4)(a), 372.72(1), and 903.26(3)(a).

21         (5)  Fines and forfeitures pursuant to s. 34.191.

22         (6)  All other revenues received by the clerk as

23  revenue authorized by law to be retained by the clerk.

24  

25  Notwithstanding the provisions of this section, all fines and

26  forfeitures arising from operation of the provisions of s.

27  318.1215 shall be disbursed in accordance with that section.

28         Section 43.  Subsection (5) is added to section 213.13,

29  Florida Statutes, to read:

30         213.13  Electronic remittance and distribution of funds

31  collected by clerks of the court.--

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 1         (5)  All court-related collections, including fees,

 2  fines, reimbursements, court costs, and other court-related

 3  funds that the clerks must remit to the state pursuant to law,

 4  must be transmitted electronically by the 20th day of the

 5  month immediately following the month in which the funds are

 6  collected.

 7         Section 44.  Section 219.07, Florida Statutes, is

 8  amended to read:

 9         219.07  Disbursements.--Each officer shall, not later

10  than 7 working days from the close of the week in which the

11  officer received the funds, distribute the money which is

12  required to be paid to other officers, agencies, funds, or

13  persons entitled to receive the same; provided, that

14  distributions or partial distributions may be made more

15  frequently; and provided further, that money required by law

16  or court order, or by the purpose for which it was collected,

17  to be held and disbursed for a particular purpose in a manner

18  different from that set out herein shall be held and disbursed

19  accordingly. Further, money collected by the county officer on

20  behalf of the state, except for money collected by the clerk

21  of the court as part of court-related functions, shall be

22  deposited directly to the account of the State Treasury not

23  later than 7 working days from the close of the week in which

24  the officer received the funds. The clerk of the court, when

25  collecting money as part of the clerk's court-related

26  functions, must remit that money as required under s. 28.245.

27         Section 45.  Subsection (1) of section 219.075, Florida

28  Statutes, is amended to read:

29         219.075  Investment of surplus funds by county

30  officers.--

31  

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 1         (1)(a)  Except when another procedure is prescribed by

 2  law or by ordinance as to particular funds, a tax collector or

 3  any other county officer having, receiving, or collecting any

 4  money, either for his or her office or on behalf of and

 5  subject to subsequent distribution to another officer of state

 6  or local government, while such money is in excess of that

 7  required to meet current expenses or is pending distribution,

 8  shall invest such money, without limitation, as provided in s.

 9  218.415.

10         (b)  These investments shall be planned so as not to

11  slow the normal distribution of the subject funds.  The

12  investment earnings shall be reasonably apportioned and

13  allocated and shall be credited to the account of, and paid

14  to, the office or distributee, together with the principal on

15  which such earnings accrued.

16         (c)  This section does not apply to the clerk of the

17  circuit court with respect to money collected as part of the

18  clerk's court-related functions. The clerk, however, shall

19  remit this money as provided under s. 28.245.

20         Section 46.  Section 318.121, Florida Statutes, is

21  amended to read:

22         318.121  Preemption of additional fees, fines,

23  surcharges, and costs.--Notwithstanding any general or special

24  law, or municipal or county ordinance, additional fees, fines,

25  surcharges, or costs, other than the court costs and

26  surcharges assessed under s. 318.18(11) and (13), may not be

27  added to the civil traffic penalties assessed in this chapter.

28         Section 47.  Subsection (13) of section 318.18, Florida

29  Statutes, is amended, and subsection (14) is added to that

30  section, to read:

31  

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 1         318.18  Amount of civil penalties.--The penalties

 2  required for a noncriminal disposition pursuant to s. 318.14

 3  are as follows:

 4         (13)  In addition to any penalties imposed for

 5  noncriminal traffic infractions pursuant to this chapter or

 6  imposed for criminal violations listed in s. 318.17, a board

 7  of county commissioners or any unit of local government which

 8  is consolidated as provided by s. 9, Art. VIII of the State

 9  Constitution of 1885, as preserved by s. 6(e), Art. VIII of

10  the Constitution of 1968:

11         (a)  May impose by ordinance a surcharge of up to $15

12  for any infraction or violation to fund state court

13  facilities. The court shall not waive this surcharge.

14         (b)  That imposed increased fees or service charges by

15  ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the

16  purpose of securing payment of the principal and interest on

17  bonds issued by the county before July 1, 2003, to finance

18  state court facilities, may impose by ordinance a surcharge

19  for any infraction or violation for the exclusive purpose of

20  securing payment of the principal and interest on bonds issued

21  by the county before July 1, 2003, to fund state court

22  facilities until the date of stated maturity. The court shall

23  not waive this surcharge. Such surcharge may not exceed an

24  amount per violation calculated as the quotient of the maximum

25  annual payment of the principal and interest on the bonds as

26  of July 1, 2003, divided by the number of traffic citations

27  for county fiscal year 2002-2003 certified as paid by the

28  clerk of the court of the county. Such quotient shall be

29  rounded up to the next highest dollar amount. The bonds may be

30  refunded only if savings will be realized on payments of debt

31  

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 1  service and the refunding bonds are scheduled to mature on the

 2  same date or before the bonds being refunded.

 3  

 4  A county may not impose both of the surcharges authorized

 5  under paragraphs (a) and (b) concurrently. The clerk of court

 6  shall report, no later than 30 days after the end of the

 7  quarter, the amount of funds collected under this subsection

 8  during each quarter of the fiscal year. The clerk shall submit

 9  the report, in a format developed by the Office of State

10  Courts Administrator, to the chief judge of the circuit, the

11  Governor, the President of the Senate, and the Speaker of the

12  House of Representatives.

13         (14)  In addition to any penalties imposed for

14  noncriminal traffic infractions under chapter 318 or imposed

15  for criminal violations listed in s. 318.17, any unit of local

16  government which is consolidated as provided by s. 9, Art.

17  VIII of the State Constitution of 1885, as preserved by s.

18  6(e), Art. VIII of the State Constitution of 1968, and which

19  is granted the authority in the State Constitution to exercise

20  all the powers of a municipal corporation, and any unit of

21  local government operating under a home rule charter adopted

22  pursuant to ss. 10, 11, and 24, Art. VIII of the State

23  Constitution of 1885, as preserved by s. 6(e), Art. VIII of

24  the State Constitution of 1968, which is granted the authority

25  in the State Constitution to exercise all the powers conferred

26  now or hereafter by general law upon municipalities, may

27  impose by ordinance a surcharge of up to $15 for any

28  infraction or violation. Revenue from the surcharge shall be

29  transferred to such unit of local government for the purpose

30  of replacing fine revenue deposited into the clerk's fine and

31  

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 1  forfeiture fund under s. 142.01. The court may not waive this

 2  surcharge.

 3         Section 48.  Effective upon this act becoming a law,

 4  paragraph (g) of subsection (2) of section 318.21, Florida

 5  Statutes, is amended to read:

 6         318.21  Disposition of civil penalties by county

 7  courts.--All civil penalties received by a county court

 8  pursuant to the provisions of this chapter shall be

 9  distributed and paid monthly as follows:

10         (2)  Of the remainder:

11         (g)1.  If the violation occurred within a special

12  improvement district of the Seminole Indian Tribe or

13  Miccosukee Indian Tribe, 56.4 percent shall be paid to that

14  special improvement district.

15         2.  If the violation occurred within a municipality,

16  50.8 percent shall be paid to that municipality and 5.6

17  percent shall be deposited into the fine and forfeiture trust

18  fund established pursuant to s. 142.01.

19         3.  If the violation occurred within the unincorporated

20  area of a county that is not within a special improvement

21  district of the Seminole Indian Tribe or Miccosukee Indian

22  Tribe or, notwithstanding subparagraph 2., if the violation

23  occurred within the unincorporated area of a municipality

24  having a consolidated government under s. 6(e), Article VIII

25  of the State Constitution, 56.4 percent shall be deposited

26  into the fine and forfeiture fund established pursuant to s.

27  142.01.

28         Section 49.  Section 318.31, Florida Statutes, is

29  amended to read:

30         318.31  Objectives.--The Supreme Court is hereby

31  requested to adopt rules and procedures for the establishment

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 1  and operation of Civil Traffic Infraction Hearing Officer

 2  Programs under ss. 318.30-318.38. However, the appointment of

 3  a hearing officer shall be at the option of the county

 4  electing to establish such a program, upon recommendation by

 5  the county court judge or judges, as the case may be, and the

 6  Chief Judge of the Circuit and approval by the Chief Justice

 7  of the Supreme Court.

 8         Section 50.  Section 318.325, Florida Statutes, is

 9  amended to read:

10         318.325  Jurisdiction and procedure for parking

11  infractions.--Any county or municipality may adopt an

12  ordinance that allows the county or municipality to refer

13  cases involving the violation of a county or municipal parking

14  ordinance to a hearing officer funded by the county or

15  municipality. Notwithstanding the provisions of ss. 318.14 and

16  775.08(3), any parking violation shall be deemed to be an

17  infraction as defined in s. 318.13(3). However, the violation

18  must be enforced and disposed of in accordance with the

19  provisions of general law applicable to parking violations and

20  with the charter or code of the county or municipality where

21  the violation occurred. The clerk of the court or the

22  designated traffic violations bureau must collect and

23  distribute the fines, forfeitures, and court costs assessed

24  under this section.

25         Section 51.  Section 322.29, Florida Statutes, is

26  amended to read:

27         322.29  Surrender and return of license.--

28         (1)  The department, upon suspending or revoking a

29  license, shall require that such license be surrendered to the

30  department.  At the end of the period of suspension, such

31  license so surrendered shall be returned, or a duplicate

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 1  license issued, to the licensee after the applicant has

 2  successfully passed the vision, sign, and traffic law

 3  examinations.  In addition, pursuant to s. 322.221, the

 4  department may require the licensee to successfully complete a

 5  driving examination.  The department is prohibited from

 6  requiring the surrender of a license except as authorized by

 7  this chapter.

 8         (2)  The provisions of subsection (1) to the contrary

 9  notwithstanding, no examination is required for the return of

10  a license suspended under s. 318.15 or s. 322.245 unless an

11  examination is otherwise required by this chapter. Every

12  person applying for the return of a license suspended under s.

13  318.15 or s. 322.245 shall present to the department

14  certification from the court that he or she has complied with

15  all obligations and penalties imposed on him or her pursuant

16  to s. 318.15 or, in the case of a suspension pursuant to s.

17  322.245, that he or she has complied with all directives of

18  the court and the requirements of s. 322.245 and shall pay to

19  the department a nonrefundable service fee of $47.50 $35, of

20  which $37.50 $25 shall be deposited into the General Revenue

21  Fund and $10 shall be deposited into the Highway Safety

22  Operating Trust Fund. If reinstated by the clerk of the court

23  or tax collector, $37.50 $25 shall be retained and $10 shall

24  be remitted to the Department of Revenue for deposit into the

25  Highway Safety Operating Trust Fund. However, the service fee

26  is not required if the person is required to pay a $35 fee or

27  $60 fee under the provisions of s. 322.21.

28         Section 52.  Section 372.72, Florida Statutes, is

29  amended to read:

30         372.72  Disposition of fines, penalties, and

31  forfeitures.--

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 1         (1)  All moneys collected from fines, penalties,

 2  proceeds from unclaimed bonds, or forfeitures of bail of

 3  persons convicted under this chapter shall be deposited in the

 4  fine and forfeiture fund established pursuant to s. 142.01

 5  where such convictions are had, except for the disposition of

 6  moneys as provided in subsection (2).

 7         (2)  All moneys collected from fines, penalties, or

 8  forfeitures of bail of persons convicted of violations of

 9  rules, regulations, or orders of the Fish and Wildlife

10  Conservation Commission concerning endangered or threatened

11  species or of violation of s. 372.662, s. 372.663, s. 372.667,

12  or s. 372.671 shall be remitted by the clerk of the court to

13  the Department of Revenue to be deposited in the Nongame

14  Wildlife Trust Fund.

15         Section 53.  Subsection (8) of section 903.26, Florida

16  Statutes, is amended to read:

17         903.26  Forfeiture of the bond; when and how directed;

18  discharge; how and when made; effect of payment.--

19         (8)  If the defendant is arrested and returned to the

20  county of jurisdiction of the court prior to judgment, the

21  clerk, upon affirmation by the sheriff or the chief

22  correctional officer, shall, without further order of the

23  court, discharge the forfeiture of the bond. However, if the

24  surety agent fails to pay the costs and expenses incurred in

25  returning the defendant to the county of jurisdiction, the

26  clerk shall not discharge the forfeiture of the bond. If the

27  surety agent and the sheriff state attorney fail to agree on

28  the amount of said costs, then the court, after notice to the

29  sheriff and the state attorney, shall determine the amount of

30  the costs.

31  

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 1         Section 54.  Section 903.28, Florida Statutes, is

 2  amended to read:

 3         903.28  Remission of forfeiture; conditions.--

 4         (1)  On application within 2 years from forfeiture, the

 5  court shall order remission of the forfeiture if it determines

 6  that there was no breach of the bond.

 7         (2)  If the defendant surrenders or is apprehended

 8  within 90 days after forfeiture, the court, on motion at a

 9  hearing upon notice having been given to the clerk of the

10  circuit court county attorney and the state attorney as

11  required in subsection (8), shall direct remission of up to,

12  but not more than, 100 percent of a forfeiture if the surety

13  apprehended and surrendered the defendant or if the

14  apprehension or surrender of the defendant was substantially

15  procured or caused by the surety, or the surety has

16  substantially attempted to procure or cause the apprehension

17  or surrender of the defendant, and the delay has not thwarted

18  the proper prosecution of the defendant.  In addition,

19  remission shall be granted when the surety did not

20  substantially participate or attempt to participate in the

21  apprehension or surrender of the defendant when the costs of

22  returning the defendant to the jurisdiction of the court have

23  been deducted from the remission and when the delay has not

24  thwarted the proper prosecution of the defendant.

25         (3)  If the defendant surrenders or is apprehended

26  within 180 days after forfeiture, the court, on motion at a

27  hearing upon notice having been given to the clerk of the

28  circuit court county attorney and the state attorney as

29  required in subsection (8), shall direct remission of up to,

30  but not more than, 95 percent of a forfeiture if the surety

31  apprehended and surrendered the defendant or if the

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 1  apprehension or surrender of the defendant was substantially

 2  procured or caused by the surety, or the surety has

 3  substantially attempted to procure or cause the apprehension

 4  or surrender of the defendant, and the delay has not thwarted

 5  the proper prosecution of the defendant.  In addition,

 6  remission shall be granted when the surety did not

 7  substantially participate or attempt to participate in the

 8  apprehension or surrender of the defendant when the costs of

 9  returning the defendant to the jurisdiction of the court have

10  been deducted from the remission and when the delay has not

11  thwarted the proper prosecution of the defendant.

12         (4)  If the defendant surrenders or is apprehended

13  within 270 days after forfeiture, the court, on motion at a

14  hearing upon notice having been given to the clerk of the

15  circuit court county attorney and the state attorney as

16  required in subsection (8), shall direct remission of up to,

17  but not more than, 90 percent of a forfeiture if the surety

18  apprehended and surrendered the defendant or if the

19  apprehension or surrender of the defendant was substantially

20  procured or caused by the surety, or the surety has

21  substantially attempted to procure or cause the apprehension

22  or surrender of the defendant, and the delay has not thwarted

23  the proper prosecution of the defendant.  In addition,

24  remission shall be granted when the surety did not

25  substantially participate or attempt to participate in the

26  apprehension or surrender of the defendant when the costs of

27  returning the defendant to the jurisdiction of the court have

28  been deducted from the remission and when the delay has not

29  thwarted the proper prosecution of the defendant.

30         (5)  If the defendant surrenders or is apprehended

31  within 1 year after forfeiture, the court, on motion at a

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 1  hearing upon notice having been given to the clerk of the

 2  circuit court county attorney and the state attorney as

 3  required in subsection (8), shall direct remission of up to,

 4  but not more than, 85 percent of a forfeiture if the surety

 5  apprehended and surrendered the defendant or if the

 6  apprehension or surrender of the defendant was substantially

 7  procured or caused by the surety, or the surety has

 8  substantially attempted to procure or cause the apprehension

 9  or surrender of the defendant, and the delay has not thwarted

10  the proper prosecution of the defendant.  In addition,

11  remission shall be granted when the surety did not

12  substantially participate or attempt to participate in the

13  apprehension or surrender of the defendant when the costs of

14  returning the defendant to the jurisdiction of the court have

15  been deducted from the remission and when the delay has not

16  thwarted the proper prosecution of the defendant.

17         (6)  If the defendant surrenders or is apprehended

18  within 2 years after forfeiture, the court, on motion at a

19  hearing upon notice having been given to the clerk of the

20  circuit court county attorney and the state attorney as

21  required in subsection (8), shall direct remission of up to,

22  but not more than, 50 percent of a forfeiture if the surety

23  apprehended and surrendered the defendant or if the

24  apprehension or surrender of the defendant was substantially

25  procured or caused by the surety, or the surety has

26  substantially attempted to procure or cause the apprehension

27  or surrender of the defendant, and the delay has not thwarted

28  the proper prosecution of the defendant.  In addition,

29  remission shall be granted when the surety did not

30  substantially participate or attempt to participate in the

31  apprehension or surrender of the defendant when the costs of

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 1  returning the defendant to the jurisdiction of the court have

 2  been deducted from the remission and when the delay has not

 3  thwarted the proper prosecution of the defendant.

 4         (7)  The remission of a forfeiture may not be ordered

 5  for any reason other than as specified herein.

 6         (8)  An application for remission must be accompanied

 7  by affidavits setting forth the facts on which it is founded;

 8  however, the surety must establish by further documentation or

 9  other evidence any claimed attempt at procuring or causing the

10  apprehension or surrender of the defendant before the court

11  may order remission based upon an attempt to procure or cause

12  such apprehension or surrender. The clerk of the circuit court

13  and the state attorney must be given 20 days' notice before a

14  hearing on an application and be furnished copies of all

15  papers, applications, and affidavits. Remission shall be

16  granted on the condition of payment of costs, unless the

17  ground for remission is that there was no breach of the bond.

18         (9)  The clerk of the circuit court may enter into a

19  contract with a private attorney or into an interagency

20  agreement with a governmental agency to represent the clerk of

21  the court in an action for the remission of a forfeiture under

22  this section.

23         (10)  The clerk of the circuit is the real party in

24  interest for all appeals arising from an action for the

25  remission of a forfeiture under this section.

26         Section 55.  Section 916.115, Florida Statutes, is

27  amended to read:

28         916.115  Appointment of experts.--

29         (1)(a)  Annually, the department shall provide the

30  courts with a list of mental health professionals who have

31  completed approved training as experts.

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 1         (b)  The court may appoint no more than three nor fewer

 2  than two experts to determine issues of the mental condition

 3  of a defendant in a criminal case, including the issues of

 4  competency to proceed, insanity, and involuntary

 5  hospitalization or placement. An expert The panel of experts

 6  may evaluate the defendant in jail or in another appropriate

 7  local facility.

 8         (c)  To the extent possible, an the appointed expert

 9  experts shall have completed forensic evaluator training

10  approved by the department and be either a psychiatrist,

11  licensed psychologist, or physician.

12         (2)  Expert witnesses appointed by the court to

13  evaluate the mental condition of a defendant in a criminal

14  case shall be allowed reasonable fees for services rendered as

15  evaluators of competence or sanity and as witnesses, which

16  shall be paid by the county in which the indictment was found

17  or the information or affidavit was filed.

18         (a)1.  The court shall pay for any expert that it

19  appoints by court order, upon motion of counsel for the

20  defendant or the state or upon its own motion, using funds

21  specifically appropriated on behalf of the state courts for

22  due process costs. If the defense or the state retains an

23  expert and waives the confidentiality of the expert's report,

24  the court may pay for no more than two additional experts

25  appointed by court order. If an expert appointed by the court

26  upon motion of counsel for the defendant specifically to

27  evaluate the competence of the defendant to proceed also

28  addresses in his or her evaluation issues related to sanity as

29  an affirmative defense, the court shall pay only for that

30  portion of the experts' fees relating to the evaluation on

31  

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 1  competency to proceed, and the balance of the fees shall be

 2  chargeable to the defense.

 3         2.  Pursuant to s. 29.006, the office of the public

 4  defender shall pay for any expert it retains.

 5         3.  Pursuant to s. 29.005, the office of the state

 6  attorney shall pay for any expert it retains. Notwithstanding

 7  subparagraph 1., the office of the state attorney shall pay

 8  for any expert whom it retains and whom it moves the court to

 9  appoint in order to ensure that the expert has access to the

10  defendant.

11         4.  An expert retained by the defendant who is

12  represented by private counsel appointed under s. 27.5303

13  shall be paid by the Justice Administrative Commission from

14  funds specifically appropriated for such expenses.

15         5.  An expert retained by a defendant who is indigent

16  for costs as determined by the court and who is represented by

17  private counsel, other than private counsel appointed under s.

18  27.5303, on a fee or pro bono basis, or who is representing

19  himself or herself, shall be paid by the Justice

20  Administrative Commission from funds specifically appropriated

21  for these expenses.

22         (b)  State employees shall be paid expenses pursuant to

23  s. 112.061.

24         (c)  The fees shall be taxed as costs in the case.

25         (d)  In order for an expert the experts to be paid for

26  the services rendered, the expert's report reports and

27  testimony must explicitly address each of the factors and

28  follow the procedures set out in this chapter and in the

29  Florida Rules of Criminal Procedure.

30         Section 56.  Subsections (2), (3), and (4) of section

31  916.12, Florida Statutes, are amended to read:

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 1         916.12  Mental competence to proceed.--

 2         (2)  An expert The experts shall first determine

 3  whether the person is mentally ill and, if so, consider the

 4  factors related to the issue of whether the defendant meets

 5  the criteria for competence to proceed; that is, whether the

 6  defendant has sufficient present ability to consult with

 7  counsel with a reasonable degree of rational understanding and

 8  whether the defendant has a rational, as well as factual,

 9  understanding of the pending proceedings. A defendant must be

10  evaluated by no fewer than two experts before the court

11  commits the defendant or takes other action authorized by this

12  chapter or the Florida Rules of Criminal Procedure, except

13  that if one expert finds that the defendant is incompetent to

14  proceed and the parties stipulate to that finding, the court

15  may commit the defendant or take other action authorized by

16  this chapter or the rules without further evaluation or

17  hearing, or the court may appoint no more than two additional

18  experts to evaluate the defendant. Notwithstanding any

19  stipulation by the state and the defendant, the court may

20  require a hearing with testimony from the expert or experts

21  before ordering the commitment of a defendant.

22         (3)  In considering the issue of competence to proceed,

23  an the examining expert experts shall first consider and

24  specifically include in his or her their report the

25  defendant's capacity to:

26         (a)  Appreciate the charges or allegations against the

27  defendant;

28         (b)  Appreciate the range and nature of possible

29  penalties, if applicable, that may be imposed in the

30  proceedings against the defendant;

31  

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 1         (c)  Understand the adversarial nature of the legal

 2  process;

 3         (d)  Disclose to counsel facts pertinent to the

 4  proceedings at issue;

 5         (e)  Manifest appropriate courtroom behavior; and

 6         (f)  Testify relevantly;

 7  

 8  and include in his or her their report any other factor deemed

 9  relevant by the expert experts.

10         (4)  If an expert finds the experts should find that

11  the defendant is incompetent to proceed, the expert experts

12  shall report on any recommended treatment for the defendant to

13  attain competence to proceed. In considering the issues

14  relating to treatment, the examining expert experts shall

15  specifically report on:

16         (a)  The mental illness causing the incompetence;

17         (b)  The treatment or treatments appropriate for the

18  mental illness of the defendant and an explanation of each of

19  the possible treatment alternatives in order of choices;

20         (c)  The availability of acceptable treatment and, if

21  treatment is available in the community, the expert shall so

22  state in the report; and

23         (d)  The likelihood of the defendant's attaining

24  competence under the treatment recommended, an assessment of

25  the probable duration of the treatment required to restore

26  competence, and the probability that the defendant will attain

27  competence to proceed in the foreseeable future.

28         Section 57.  Subsection (7) of section 916.301, Florida

29  Statutes, is amended to read:

30         916.301  Appointment of experts.--

31  

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 1         (7)  Expert witnesses appointed by the court to

 2  evaluate the mental condition of a defendant in a criminal

 3  case shall be allowed reasonable fees for services rendered as

 4  evaluators and as witnesses, which shall be paid by the court

 5  county in which the indictment was found or the information or

 6  affidavit was filed. State employees shall be paid expenses

 7  pursuant to s. 112.061. The fees shall be taxed as costs in

 8  the case. In order for the experts to be paid for the services

 9  rendered, the reports and testimony must explicitly address

10  each of the factors and follow the procedures set out in this

11  chapter and in the Florida Rules of Criminal Procedure.

12         Section 58.  Section 939.185, Florida Statutes, is

13  amended to read:

14         939.185  Assessment of additional court costs and

15  surcharges.--

16         (1)(a)  The board of county commissioners may adopt by

17  ordinance an additional court cost, not to exceed $65, to be

18  imposed by the court when a person pleads guilty or nolo

19  contendere to, or is found guilty of, any felony, misdemeanor,

20  or criminal traffic offense under the laws of this state. Such

21  additional assessment shall be accounted for separately by the

22  county in which the offense occurred and be used only in the

23  county imposing this cost, to be allocated as follows:

24         1.  Twenty-five percent of the amount collected shall

25  be allocated to fund innovations to supplement state funding

26  for the elements of the state courts system identified in s.

27  29.004 and county funding for local requirements under s.

28  29.008(2)(a)2.

29         2.  Twenty-five percent of the amount collected shall

30  be allocated to assist counties in providing legal aid

31  programs required under s. 29.008(3)(a).

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 1         3.  Twenty-five percent of the amount collected shall

 2  be allocated to fund personnel and legal materials for the

 3  public as part of a law library.

 4         4.  Twenty-five percent of the amount collected shall

 5  be used as determined by the board of county commissioners to

 6  support teen court programs, juvenile assessment centers, and

 7  other juvenile alternative programs.

 8  

 9  Each county receiving funds under this section shall report

10  the amount of funds collected pursuant to this section and an

11  itemized list of expenditures for all authorized programs and

12  activities. The report shall be submitted in a format

13  developed by the Supreme Court to the Governor, the Chief

14  Financial Officer, the President of the Senate, and the

15  Speaker of the House of Representatives on a quarterly basis

16  beginning with the quarter ending September 30, 2004.

17  Quarterly reports shall be submitted no later than 30 days

18  after the end of the quarter. Any unspent funds at the close

19  of the county fiscal year allocated under subparagraphs 2.,

20  3., and 4., shall be transferred for use pursuant to

21  subparagraph 1.

22         (b)  The disbursement of costs collected under this

23  section shall be subordinate in priority order of disbursement

24  to all other state-imposed costs authorized in this chapter,

25  restitution or other compensation to victims, and child

26  support payments.

27         (2)  The court shall order a person to pay the

28  additional court cost. If the person is determined to be

29  indigent, the clerk shall defer payment of this cost.

30         (3)  In addition to the court costs imposed under

31  subsection (1) and any other cost, fine, or penalty imposed by

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 1  law, any unit of local government which is consolidated as

 2  provided by s. 9, Art. VIII of the State Constitution of 1885,

 3  as preserved by s. 6(e), Art. VIII of the State Constitution

 4  of 1968, and which is granted the authority in the State

 5  Constitution to exercise all the powers of a municipal

 6  corporation, and any unit of local government operating under

 7  a home rule charter adopted pursuant to ss. 10, 11, and 24,

 8  Art. VIII of the State Constitution of 1885, as preserved by

 9  s. 6(e), Art. VIII of the State Constitution of 1968, and

10  which is granted the authority in the State Constitution to

11  exercise all the powers conferred now or hereafter by general

12  law upon municipalities, may impose by ordinance a surcharge

13  in the amount of $85 to be imposed by the court when a person

14  pleads guilty or nolo contendere to, or is found guilty of,

15  any felony, misdemeanor, or criminal traffic offense under the

16  laws of this state. Revenue from the surcharge shall be

17  transferred to such unit of local government for the purpose

18  of replacing fine revenue deposited into the clerk's fine and

19  forfeiture fund under s. 142.01. The court may not waive this

20  surcharge.

21         Section 59.  Subsection (2) of section 938.29, Florida

22  Statutes, is amended to read:

23         938.29  Legal assistance; lien for payment of

24  attorney's fees or costs.--

25         (2)(a)  There is created in the name of the state a

26  lien, enforceable as hereinafter provided, upon all the

27  property, both real and personal, of any person who:

28         1.  Has received any assistance from any public

29  defender of the state, from any special assistant public

30  defender, or from any conflict attorney; or

31  

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 1         2.  Is a parent of an accused minor or an accused adult

 2  tax-dependent person who is being, or has been, represented by

 3  any public defender of the state, by any special assistant

 4  public defender, or by a conflict attorney.

 5  

 6  Such lien constitutes a claim against the defendant-recipient

 7  or parent and his or her estate, enforceable according to law.

 8         (b)  A judgment showing the name and residence of the

 9  defendant-recipient or parent shall be recorded in the public

10  record, without cost, by filed for record in the office of the

11  clerk of the circuit court in the county where the

12  defendant-recipient or parent resides and in each county in

13  which such defendant-recipient or parent then owns or later

14  acquires any property. Such judgments shall be enforced on

15  behalf of the state by the clerk of the circuit court of the

16  county in which assistance was rendered.

17         Section 60.  Section 939.06, Florida Statutes, is

18  amended to read:

19         939.06  Acquitted defendant not liable for costs.--

20         (1)  A No defendant in a criminal prosecution who is

21  acquitted or discharged is not shall be liable for any costs

22  or fees of the court or any ministerial office, or for any

23  charge of subsistence while detained in custody. If the

24  defendant has shall have paid any taxable costs, or fees

25  required under s. 27.52(1)(b), in the case, the clerk or judge

26  shall give him or her a certificate of the payment of such

27  costs or fees, with the items thereof, which, when audited and

28  approved according to law, shall be refunded to the defendant.

29         (2)  To receive a refund under this section, a

30  defendant must submit a request for the refund to the Justice

31  Administrative Commission on a form and in a manner prescribed

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 1  by the commission. The defendant must attach to the form an

 2  order from the court demonstrating the defendant's right to

 3  the refund and the amount of the refund.

 4         (3)  If a defendant seeking a refund under this section

 5  has paid the $40 fee required under s. 27.52(1)(b), the

 6  Justice Administrative Commission shall pay the first $40 of

 7  any refund of taxable costs or fees paid by the defendant,

 8  which meet the criteria of this section, using funds

 9  appropriated from the Indigent Criminal Defense Trust Fund. If

10  the defendant has not paid the $40 fee, the commission shall

11  pay the refund of any other eligible taxable costs or fees

12  paid by the defendant using funds from the applicable

13  appropriation for due-process costs related to implementation

14  of s. 14, Art. V of the State Constitution.

15         Section 61.  Subsection (2) of section 985.05, Florida

16  Statutes, is amended to read:

17         985.05  Court records.--

18         (2)  The clerk shall keep all official records required

19  by this section separate from other records of the circuit

20  court, except those records pertaining to motor vehicle

21  violations, which shall be forwarded to the Department of

22  Highway Safety and Motor Vehicles. Except as provided in ss.

23  943.053 and 985.04(4), official records required by this part

24  are not open to inspection by the public, but may be inspected

25  only upon order of the court by persons deemed by the court to

26  have a proper interest therein, except that a child and the

27  parents, guardians, or legal custodians of the child and their

28  attorneys, law enforcement agencies, the Department of

29  Juvenile Justice and its designees, the Parole Commission, and

30  the Department of Corrections, and the Justice Administrative

31  Commission shall always have the right to inspect and copy any

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 1  official record pertaining to the child. The court may permit

 2  authorized representatives of recognized organizations

 3  compiling statistics for proper purposes to inspect, and make

 4  abstracts from, official records under whatever conditions

 5  upon the use and disposition of such records the court may

 6  deem proper and may punish by contempt proceedings any

 7  violation of those conditions.

 8         Section 62.  Paragraph (c) of subsection (4) of section

 9  985.201, Florida Statutes, is amended to read:

10         985.201  Jurisdiction.--

11         (4)

12         (c)  The court may retain jurisdiction over a child and

13  the child's parent or legal guardian whom the court has

14  ordered to pay restitution until the restitution order is

15  satisfied or until the court orders otherwise. To retain

16  jurisdiction, the court must enter a restitution order, which

17  is separate from any disposition or order of commitment, on or

18  prior to the date that If the court retains such jurisdiction

19  after the date upon which the court's jurisdiction would cease

20  under this section, it shall do so solely for the purpose of

21  enforcing the restitution order. The contents of the

22  restitution order shall be limited to the child's name and

23  address; the name and address of the parent or legal guardian;

24  the name and address of the payee; the case number; the date

25  and amount of restitution ordered; any amount of restitution

26  paid; the amount of restitution due and owing; and a notation

27  that costs, interest, penalties, and attorney's fees may also

28  be due and owing. The terms of the restitution order are

29  subject to the provisions of s. 775.089(5).

30         Section 63.  Section 92.152, Florida Statutes, is

31  created to read:

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 1         92.152  Compensation to traffic court witnesses.--Any

 2  party who secures the attendance of a witness in traffic court

 3  shall bear all costs of calling the witness, including witness

 4  fees. If the witness is required to testify on behalf of the

 5  prosecution, the office of the state attorney of the

 6  respective judicial circuit shall pay the fees and costs of

 7  calling the witness.

 8         Section 64.  Recovery of expenditures for state-funded

 9  services.--The trial court administrator of each circuit shall

10  recover expenditures for state-funded services when those

11  services have been furnished to a user of the state court

12  system who possesses the present ability to pay. The rate of

13  compensation for such services shall be the actual cost of the

14  services, including the cost of recovery. The trial court

15  administrator shall deposit moneys recovered under this

16  section in the Grants and Donations Trust Fund within the

17  state court system. The trial court administrator shall

18  recover the costs of court-reporter services and

19  transcription; court-interpreter services, including

20  translation; and any other service for which state funds were

21  used to provide a product or service within the circuit. This

22  section does not authorize cost recovery from entities

23  described in ss. 29.005, 29.006, and 29.007.

24         Section 65.  (1)(a)  The Legislature finds that the use

25  of estimates of prior-year expenditures to establish maximum

26  annual budgets for the county fiscal year 2004-2005 resulted

27  in maximum annual budgets for some clerks of court which were

28  less than the amounts would have been if actual prior-year

29  expenditures had been used.

30         (b)  The Legislature further finds that the clerks of

31  court perform duties critical to the operations of the

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 1  judicial branch and that future maximum annual budgets for the

 2  clerks of court are based in part on their prior-year budgets.

 3         (c)  The Legislature further finds that the difference

 4  between establishing the maximum annual budget using estimated

 5  prior-year expenditures and using actual prior-year

 6  expenditures was significant for the Clerk of Court for the

 7  Eleventh Judicial Circuit.

 8         (2)  Therefore, the maximum annual budget for the Clerk

 9  of Court for the Eleventh Judicial Circuit is increased by

10  $3,817,115 for the county fiscal year 2004-2005.

11         Section 66.  It is the intent of the Legislature that

12  the amendments made by this act to sections 34.191 and 318.21,

13  Florida Statutes, are remedial. It is the further intent of

14  the Legislature that fines and forfeitures or civil penalties

15  arising from offenses or violations committed or occurring

16  within an unincorporated area of a municipality having a

17  consolidated government under Section 6(e), Article VIII of

18  the State Constitution be paid or deposited for fiscal year

19  2004-2005 as provided in sections 34.191 and 318.21, Florida

20  Statutes, as those sections are amended by this act. This

21  section shall take effect upon becoming a law.

22         Section 67.  Subsection (4) of section 29.005, Florida

23  Statutes, is repealed.

24         Section 68.  Effective July 1, 2006, section 29.014,

25  Florida Statutes, is repealed.

26         Section 69.  Section 318.37, Florida Statutes, is

27  repealed.

28         Section 70.  Fifteen full-time positions are

29  authorized, and the sum of $949,414 in recurring funds is

30  appropriated from the General Revenue Fund to the Justice

31  Administrative Commission in salaries and benefits for the

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 1  2005-2006 fiscal year. The sums of $110,809 in recurring funds

 2  and $73,502 in nonrecurring funds are appropriated from the

 3  General Revenue Fund to the Justice Administrative Commission

 4  in expenses for the 2005-2006 fiscal year. The sum of $62,000

 5  in nonrecurring funds is appropriated from the General Revenue

 6  Fund to the Justice Administrative Commission in operating

 7  capital outlay for the 2005-2006 fiscal year. The sum of

 8  $4,275 in recurring funds is appropriated from the General

 9  revenue Fund to the Justice Administrative Commission for

10  human resource services for the 2005-2006 fiscal year.

11         Section 71.  The sum of $1.5 million in recurring funds

12  is appropriated from the General Revenue Fund to the Justice

13  Administrative Commission in public defender due process for

14  the 2005-2006 fiscal year.

15         Section 72.  The sum of $800,000 in recurring funds is

16  appropriated from the General Revenue Fund to the Justice

17  Administrative Commission in state attorney due process for

18  the 2005-2006 fiscal year.

19         Section 73.  The sum of $182,885 in recurring funds is

20  appropriated from the General Revenue Fund to the State

21  Attorney for the Eleventh Judicial Circuit in state attorney

22  operations for the 2005-2006 fiscal year.

23         Section 74.  Except as otherwise expressly provided in

24  this act and except for this section, which shall take effect

25  upon becoming a law, this act shall take effect July 1, 2005.

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          CS for SB 2542

 3                                 

 4  The committee substitute clarifies that official records are
    the property of a county comptroller if this officer is the
 5  official custodian of the records.

 6  The committee substitute eliminates the ability of the Clerk
    of Court Operations Corporation to increase the budgets for
 7  clerks for certain costs. It requires that when budgets are
    revised due to the cost of state mandates or Supreme Court
 8  rule, or an increase in the number of judges or magistrates,
    that the methodology to determine the increase costs be
 9  approved by the Department of Financial Services.

10  The Committee substitute allows clerks to continue to perform
    certain functions to support the courts for another year and
11  requires affected clerks to give the court notice before such
    functions are terminated.
12  
    The committee substitute authorizes certain local governments
13  to impose a surcharge of $15 on non-criminal infractions and
    $85 on criminal infractions with the proceeds to go to the
14  local government.

15  The committee substitute finds that the use of estimated
    expenditures rather than actual expenditures for determining
16  clerk budgets has significantly impacted the Clerk of the
    Court in the 11th Circuit and adjusts that office's budget.
17  
    The committee substitute expresses legislative intent that
18  revisions to ss 34.191 and 318.21, F.S. are remedial and that
    fines from violations be paid for the current year.
19  
    The committee substitute makes appropriations from the General
20  Revenue Fund to the Justice Administrative Commission, the
    public defenders, and the state attorneys for the 2005-06
21  fiscal year.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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