Senate Bill sb2542e1

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




    CS for CS for SB 2542                          First Engrossed



  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         revising requirements for private

  8         court-appointed counsel; requiring that data be

  9         compiled on the race, sex, and ethnicity of

10         attorneys within a specified circuit for a

11         limited time; requiring the Justice

12         Administrative Commission to approve uniform

13         procedures and forms for use in billing for an

14         attorney's fees, costs, and related expenses;

15         requiring that a withdrawal order be filed with

16         the commission; providing that withdrawal from

17         a case creates a rebuttable presumption of

18         nonentitlement to the entire flat fee;

19         authorizing the Justice Administrative

20         Commission to review certain records; amending

21         s. 27.42, F.S.; requiring that the circuit

22         Article V indigent services committee establish

23         the compensation rates for court-appointed

24         counsel or in cases of indigency; providing a

25         limitation on the rates; requiring each

26         committee to establish a schedule of allowances

27         for due-process expenses; authorizing alternate

28         models for providing criminal and civil

29         due-process representation; requiring that the

30         expenses for representing indigent persons be

31         appropriated in a separate category within the


                                  1

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






    CS for CS for SB 2542                          First Engrossed



 1         Justice Administrative Commission rather than

 2         paid from funds appropriated for use by the

 3         public defenders; amending s. 27.52, F.S.,

 4         relating to the determination of indigent

 5         status; providing for application to the clerk

 6         of court for such a determination and

 7         appointment of a public defender; prescribing

 8         duties of the clerk and the public defender

 9         relating to an application; prescribing

10         application requirements and review criteria;

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

12         determination; authorizing the court to

13         determine a person indigent for costs and

14         eligible for payment of due-process expenses;

15         requiring certain parents or legal guardians to

16         furnish legal services and costs; providing for

17         a reevaluation of indigent status and referral

18         to the state attorney upon evidence of

19         financial discrepancies or fraud; providing

20         criminal penalties for the provision of false

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

22         providing that court-appointed counsel use

23         uniform contract, procedures, and forms in

24         certain circumstances; authorizing the Justice

25         Administrative Commission to pay attorney's

26         fees without court approval under certain

27         conditions; requiring the attorney to provide

28         the commission with advance notice of a court

29         hearing on payment of fees and costs;

30         authorizing the commission to participate in

31         such hearings telephonically; eliminating a


                                  2

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






    CS for CS for SB 2542                          First Engrossed



 1         requirement for the Article V Indigent Services

 2         Advisory Board to make recommendations on

 3         compensation of private court-appointed

 4         counsel; providing that private court-appointed

 5         counsel is entitled to compensation upon final

 6         disposition of the case; providing exceptions;

 7         specifying intervals other than final

 8         disposition of a case at which private

 9         court-appointed counsel may request payment;

10         clarifying a prohibition against allowing an

11         attorney who is not on the registry to appear;

12         restricting the reimbursement allowed for the

13         preparation of invoices; requiring the Justice

14         Administrative Commission to develop a schedule

15         to provide partial payment for attorney fees

16         under certain circumstances; amending s. 27.54,

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

18         pay certain costs for due-process services;

19         prescribing assessment of fees to recover such

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

21         the clerk of the court provide copies to public

22         guardians, attorneys ad litem, and

23         court-appointed counsel paid by the state;

24         requiring clerks of the court to participate in

25         the Comprehensive Case Information System by a

26         certain date; designating the custodian of

27         official records; providing that official

28         records are county property; amending s.

29         28.2402, F.S.; prohibiting the circuit court

30         from charging a county or municipality more

31         than one filing fee for a single filing


                                  3

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






    CS for CS for SB 2542                          First Engrossed



 1         containing multiple allegations; exempting

 2         certain enforcement actions from the filing

 3         fee; excluding unincorporated areas of certain

 4         consolidated governments from the term

 5         "municipality" for purposes of sharing with the

 6         clerk certain fines from local ordinance

 7         violations; amending s. 28.245, F.S.; requiring

 8         that the clerks of the court remit collections

 9         to the Department of Revenue within a specified

10         period; amending s. 28.246, F.S.; conforming a

11         reference; revising provisions authorizing an

12         individual to enter into a payment plan for the

13         payment of fees, costs, or fines; providing for

14         the court to review the payment plan; amending

15         s. 28.345, F.S.; exempting certain court staff,

16         public guardians, attorneys ad litem, and

17         court-appointed counsel from the payment of

18         fees and charges assessed by the clerk of the

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

20         requiring the Florida Clerks of Court

21         Operations Committee to report on additional

22         budget funding authority provided to a clerk;

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

24         the county clerk to submit a proposed budget;

25         conforming a reference to the Florida Clerks of

26         Court Operations Corporation; conforming a

27         reference to the Chief Financial Officer;

28         conforming a cross-reference; providing for

29         identification of ineligible expenditures by

30         the clerks of court; requiring the clerks to

31         reimburse ineligible expenditures to the Clerks


                                  4

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






    CS for CS for SB 2542                          First Engrossed



 1         of Court Trust Fund; authorizing legislative

 2         budget commission to approve adjustments to the

 3         clerk's budget for court-related duties under

 4         certain conditions; amending s. 28.37, F.S.;

 5         expanding the types of excess funds that clerks

 6         of the court must remit to the Department of

 7         Revenue over the amount needed to meet approved

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

 9         method by which the clerk of court may

10         discontinue or substantially modify

11         court-related functions; providing a

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

13         for state appropriations to be used for expert

14         witnesses who are appointed by the court rather

15         than requested by any party; amending s.

16         29.007, F.S.; providing for state funds to be

17         used in providing mental health professionals

18         in certain civil cases; clarifying the use of

19         state funds at the trial or appellate level to

20         pay certain costs on behalf of a litigant who

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

22         requiring that the county where the appellate

23         district is located fund the appellate division

24         of the public defender's office; expanding the

25         definition of the term "facility" to include

26         items necessary for court-reporting services;

27         narrowing a limitation on the application of

28         certain requirements to specified facilities;

29         including hearing rooms within those facilities

30         funded by the county as a court-related

31         function; including audio equipment within


                                  5

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






    CS for CS for SB 2542                          First Engrossed



 1         county-funded communications services; creating

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

 3         judicial circuits to agree to the funding of

 4         personnel positions for the circuit; providing

 5         requirements for such agreements; providing for

 6         the effect and limitation of such agreements;

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

 8         Justice Administrative Commission to transfer

 9         funds to address budget deficits relating to

10         due-process services; requiring notice of the

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

12         the authority for court-appointed counsel to

13         contract to share in court and due-process

14         costs; providing that the Justice

15         Administrative Commission may contract for such

16         cost-sharing on behalf of court-appointed

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

18         conditions under which state-funded due-process

19         services are provided; amending s. 34.045,

20         F.S.; prohibiting the county court from

21         charging a county or municipality more than one

22         filing fee for a single filing containing

23         multiple allegations; exempting certain

24         enforcement actions from the filing fee;

25         expanding conditions under which the county or

26         municipality is the prevailing party; requiring

27         an assessment for a filing fee; amending s.

28         34.191, F.S.; excluding certain consolidated

29         governments from the term municipality for

30         purposes of remitting certain fines and

31         forfeitures; amending s. 39.0132, F.S.;


                                  6

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






    CS for CS for SB 2542                          First Engrossed



 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. 44.103,

29         F.S.; limiting the amount of per diem expenses

30         that an arbitrator may charge; amending s.

31         44.108, F.S.; clarifying the fees charged for


                                  7

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






    CS for CS for SB 2542                          First Engrossed



 1         scheduled mediation services provided by a

 2         circuit court's mediation program; requiring

 3         the clerk of the court to report to the chief

 4         judge the amount of such fees collected;

 5         amending s. 57.081, F.S.; adding a

 6         cross-reference to conform; creating s. 57.082,

 7         F.S., relating to the determination of civil

 8         indigent status; providing for application to

 9         the clerk of court for such a determination;

10         prescribing duties of the clerk relating to an

11         application; prescribing application

12         requirements and review criteria; providing for

13         an interim determination by the court and

14         appointment of counsel; providing for review by

15         the court of the clerk's determination;

16         providing for enrollment in a payment plan by a

17         person determined indigent; providing for

18         reevaluation of indigent status and referral to

19         the state attorney upon evidence of financial

20         discrepancies or fraud; providing criminal

21         penalties for providing false information;

22         amending s. 92.142, F.S.; deleting a provision

23         that provides for payment of per diem and

24         travel expenses for a witness in a criminal

25         case at the discretion of the court; amending

26         s. 92.231, F.S.; removing references to the

27         Article V Indigent Services Advisory Board and

28         the provision of recommendations on expert

29         witness fees; amending s. 110.205, F.S.;

30         providing that officers and employees of the

31         Justice Administrative Commission and specified


                                  8

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






    CS for CS for SB 2542                          First Engrossed



 1         related organizations are not career service

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

 3         procedures for the clerk of the court to remit

 4         funds to the Department of Revenue; amending s.

 5         116.21, 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


                                  9

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






    CS for CS for SB 2542                          First Engrossed



 1         penalties; amending s. 938.19, F.S.;

 2         authorizing a board of county commissioners to

 3         adopt an ordinance that incorporates the

 4         provisions of the act; providing funding for a

 5         teen court through the assessment of an

 6         additional court cost against each person who

 7         pleads guilty or nolo contendere to, or is

 8         convicted of, a violation of a criminal law, an

 9         ordinance, or a traffic offense in the county;

10         providing for administration by the clerk of

11         the circuit court; authorizing the clerk of the

12         court to retain a specified percentage of the

13         assessments collected as income to the clerk of

14         the court; requiring the teen court to account

15         for all funds deposited into the teen court

16         account; requiring an annual report to the

17         board of county commissioners by a specified

18         date; authorizing specified organizations to

19         operate and administer a teen court program;

20         prohibiting teen courts in counties adopting an

21         ordinance from recovering court costs under s.

22         939.185, F.S.; amending s. 939.185, F.S.;

23         providing an exception for teen court funding;

24         amending s. 318.18, F.S.; authorizing a portion

25         of certain surcharge revenues to be used for

26         local law libraries; requiring that the clerk

27         of the court report the amount of certain

28         surcharges collected to the chief judge, the

29         Governor, and the Legislature; authorizing

30         local governments to assess a surcharge on

31         noncriminal offenses; restricting the use of


                                  10

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






    CS for CS for SB 2542                          First Engrossed



 1         surcharge proceeds; amending s. 318.21, F.S.;

 2         providing for the disposition of

 3         traffic-infraction penalties for violations

 4         occurring in unincorporated areas of certain

 5         consolidated governments; amending s. 318.31,

 6         F.S.; deleting provisions concerning the

 7         appointment of a civil traffic infraction

 8         hearing officer; amending s. 318.32, F.S.;

 9         prohibiting a hearing officer from suspending a

10         defendant's driver's license; amending s.

11         318.325, F.S.; deleting provisions specifying

12         the funding of such hearing officer; amending

13         s. 322.29, F.S.; increasing the fees charged

14         for reinstating a driver's license; amending s.

15         372.72, F.S.; requiring that the proceeds from

16         unclaimed bonds be deposited into the clerk's

17         fine and forfeiture fund; amending s. 903.26,

18         F.S.; revising the procedure for determining

19         the amount of the costs incurred in returning a

20         defendant to the county of jurisdiction;

21         amending s. 903.28, F.S.; revising certain

22         notice requirements following the surrender or

23         apprehension of a defendant for purposes of

24         remission of a forfeiture; authorizing the

25         clerk of the circuit court to enter into

26         certain contracts for purposes of

27         representation in an action for the remission

28         of a forfeiture; providing that the clerk is

29         the real party in interest for all appeals

30         arising from such an action; authorizing the

31         clerk to withhold unpaid fines, fees, costs,


                                  11

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






    CS for CS for SB 2542                          First Engrossed



 1         and charges under certain circumstances;

 2         amending s. 916.115, F.S.; providing

 3         requirements for the payment of experts;

 4         specifying those fees which are paid by the

 5         state, the office of the public defender, the

 6         office of the state attorney, or the Justice

 7         Administrative Commission; amending s. 916.12,

 8         F.S.; revising the procedures under which the

 9         court may take action following a finding that

10         the defendant is incompetent to proceed;

11         amending s. 916.301, F.S.; requiring the court

12         to pay for certain court-appointed retardation

13         and autism experts; amending s. 939.185, F.S.;

14         authorizing certain local governments to assess

15         a surcharge on criminal offenses; restricting

16         the use of surcharge proceeds; amending s.

17         938.29, F.S.; providing for a judgment lien for

18         the payment of certain attorney's fees to be

19         filed without cost; amending s. 939.06, F.S.;

20         clarifying that an acquitted defendant is not

21         liable for certain fees; providing a procedure

22         for such a defendant to request a refund from

23         the Justice Administrative Commission of costs

24         or fees paid; amending s. 985.05, F.S.;

25         authorizing the Justice Administrative

26         Commission to have access to certain court

27         records; authorizing circuit courts to share

28         certain juvenile delinquency restitution

29         orders; amending s. 985.201, F.S.; revising the

30         manner in which a court may retain jurisdiction

31         over a child and the child's parent when the


                                  12

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






    CS for CS for SB 2542                          First Engrossed



 1         court has ordered restitution for certain

 2         delinquent acts; requiring entry of a

 3         restitution order; creating s. 92.152, F.S.;

 4         requiring that the party calling a witness in

 5         traffic court bear the costs; requiring that

 6         the office of the state attorney pay such costs

 7         if the witness is required to testify on behalf

 8         of the prosecution; directing the trial court

 9         administrator to recover expenditures for

10         state-funded services if those services were

11         furnished to a user possessing the ability to

12         pay; providing that the rate may not exceed the

13         cost of the service and recovery; revising the

14         maximum annual budget amount for the Clerk of

15         Court for the Eleventh Judicial Circuit;

16         providing legislative intent for revisions to

17         ss. 28.2402(2), 34.191, and 318.21, F.S.;

18         repealing s. 29.005(4), F.S., relating to

19         prosecution expenses for appointing mental

20         health professionals; repealing s. 29.014,

21         F.S., relating to the Article V Indigent

22         Services Advisory Board; repealing s. 318.37,

23         F.S., relating to funding for a Civil Traffic

24         Infraction Hearing Officer Program; providing

25         appropriations; providing effective dates.

26  

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

28  

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

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

31  


                                  13

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






    CS for CS for SB 2542                          First Engrossed



 1         27.40  Court-appointed counsel; circuit registries;

 2  minimum requirements; appointment by court.--

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

 4  appointed by the court to provide representation shall be

 5  selected from a registry of individual attorneys established

 6  by the circuit Article V indigent services committee or

 7  procured through a competitive bidding process.

 8         (3)  In utilizing a registry:

 9         (a)  Each circuit Article V indigent services committee

10  shall compile and maintain a list of attorneys in private

11  practice, by county and by category of cases. In the eleventh

12  judicial circuit for the 2005-2006 and 2006-2007 fiscal years,

13  the committee shall compile and maintain a list of attorneys

14  by race, sex, and ethnicity of the assigned attorneys.  To be

15  included on a registry, attorneys shall certify that they meet

16  any minimum requirements established in general law for court

17  appointment, are available to represent indigent defendants in

18  cases requiring court appointment of private counsel, and are

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

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

21  contract for services with the Justice Administrative

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

23  for services may result in termination of the contract and

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

25  be responsible for notifying the circuit Article V indigent

26  services committee and the Justice Administrative Commission

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

28  this requirement shall be cause for termination of the

29  contract for services and removal from the registry until the

30  requirement is fulfilled.

31  


                                  14

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






    CS for CS for SB 2542                          First Engrossed



 1         (b)  The court shall appoint attorneys in rotating

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

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

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

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

 6  appears on the list shall remain next in order.

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

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

 9  cases is inadequate, the circuit Article V indigent services

10  committee shall notify the chief judge of the particular

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

12  at least three private attorneys with relevant experience. The

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

14  attorneys to register for appointment.

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

16  2004, each circuit Article V indigent services committee shall

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

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

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

20  court in each county, the Justice Administrative Commission,

21  and the Indigent Services Advisory Board with a current copy

22  of each registry. In the eleventh judicial circuit for the

23  2005-2006 and 2006-2007 fiscal years, the registry shall

24  identify the race, sex, and ethnicity of each attorney listed

25  in the registry.

26         (5)  The Justice Administrative Commission shall

27  approve uniform contract forms for use in procuring the

28  services of private court-appointed counsel and uniform

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

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

31  


                                  15

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






    CS for CS for SB 2542                          First Engrossed



 1  expenses to demonstrate the attorney's completion of specified

 2  duties.

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

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

 5  only upon full performance by the attorney of specified

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

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

 8  attorney submission of a payment request to the Justice

 9  Administrative Commission. Upon being permitted to withdraw

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

11  the order to the Justice Administrative Commission at the time

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

13  withdraw or is otherwise removed from representation prior to

14  full performance of the duties specified in this section for

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

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

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

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

19  of the duties specified shall create a rebuttable presumption

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

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

22         (b)  The attorney shall maintain appropriate

23  documentation, including a current and detailed hourly

24  accounting of time spent representing the defendant or other

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

26  the Justice Administrative Commission, subject to the

27  attorney-client privilege and work product privilege.

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.--


                                  16

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






    CS for CS for SB 2542                          First Engrossed



 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


                                  17

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






    CS for CS for SB 2542                          First Engrossed



 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 other provision of this

21  section, a circuit Article V indigent services committee may

22  approve, and the Justice Administrative Commission shall

23  investigate and evaluate the use of funds for, alternate

24  models for the provision of criminal and civil due-process

25  services and representation other than a model based on a

26  per-case fee if a more cost-effective and efficient system can

27  be provided. An alternate model may include court-reporting

28  services and the 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


                                  18

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






    CS for CS for SB 2542                          First Engrossed



 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


                                  19

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






    CS for CS for SB 2542                          First Engrossed



 1  following categories of cases: criminal conflict, civil

 2  conflict, dependency and termination of parental rights, and

 3  guardianship.

 4         Section 3.  Section 27.52, Florida Statutes, is amended

 5  to read:

 6         (Substantial rewording of section.  See s.

 7         27.52, F.S., for present text.)

 8         27.52  Determination of indigent status.--

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

10  appointment of a public defender under s. 27.51 based upon an

11  inability to pay must apply to the clerk of the court for a

12  determination of indigent status using an application form

13  developed by the Florida Clerks of Court Operations

14  Corporation and submitted to the Supreme Court for approval.

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

16  following financial information:

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

18  minus deductions required by law, including court-ordered

19  support payments.

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

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

22  compensation, other regular support from absent family

23  members, public or private employee pensions, unemployment

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

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

26  savings accounts, bank accounts, stocks, bonds, certificates

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

28  motor vehicle or in other tangible property.

29         4.  All liabilities and debts.

30  

31  


                                  20

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






    CS for CS for SB 2542                          First Engrossed



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

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

 3  funds.

 4  

 5  The application must include a signature by the applicant

 6  which attests to the truthfulness of the information provided.

 7  The application form developed by the corporation must include

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

 9  determination that the applicant is not indigent, as provided

10  in this section.

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

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

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

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

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

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

17  or as a condition of probation; or

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

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

20  or administrative order to the contrary, the clerk shall

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

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

23  indigent may not be refused counsel or other required

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

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

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

27  Department of Revenue for deposit in the Indigent Criminal

28  Defense Trust Fund administered by the Justice Administrative

29  Commission, to be used as appropriated by the Legislature. The

30  clerk may retain 2 percent of application fees collected

31  


                                  21

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






    CS for CS for SB 2542                          First Engrossed



 1  monthly for administrative costs prior to remitting the

 2  remainder to the Department of Revenue.

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

 4  before the clerk and requests assistance in completing the

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

 6  is unable to complete the application after the clerk has

 7  provided assistance.

 8         2.  If the person seeking appointment of a public

 9  defender is incarcerated, the public defender is responsible

10  for providing the application to the person and assisting him

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

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

13  defender may enter into an agreement for jail employees,

14  pretrial services employees, or employees of other criminal

15  justice agencies to assist the public defender in performing

16  functions assigned to the public defender under this

17  subparagraph.

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

19  court shall determine whether an applicant seeking appointment

20  of a public defender is indigent based upon the information

21  provided in the application and the criteria prescribed in

22  this subsection.

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

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

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

26  then-current federal poverty guidelines prescribed for the

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

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

29  receiving Temporary Assistance for Needy Families-Cash

30  Assistance, poverty-related veterans' benefits, or

31  Supplemental Security Income (SSI).


                                  22

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






    CS for CS for SB 2542                          First Engrossed



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

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

 3  expectancy of any interest in any intangible or tangible

 4  personal property or real property having a net equity value

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

 6  homestead and one vehicle having a net value not exceeding

 7  $5,000.

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

 9  the following determinations:

10         1.  The applicant is not indigent.

11         2.  The applicant is indigent.

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

13  indigent, the clerk shall submit the determination to the

14  office of the public defender and immediately file the

15  determination in the case file.

16         2.  If the public defender is unable to provide

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

18  defender shall motion the court for withdrawal from

19  representation and appointment of private counsel.

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

21  applicant is indigent shall be limited to receiving the

22  application and comparing the information provided in the

23  application to the criteria prescribed in this subsection. The

24  determination of indigent status is a ministerial act of the

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

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

27  contract with third parties to perform functions assigned to

28  the clerk under this section.

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

30  determination that the applicant is not indigent in the court

31  having jurisdiction over the matter at the next scheduled


                                  23

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






    CS for CS for SB 2542                          First Engrossed



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

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

 3  determination as provided in subsection (4).

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

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

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

 7  defender, the court shall make a preliminary determination of

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

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

10  on an interim basis.

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

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

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

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

15  determination of indigent status by reviewing the information

16  provided in the application against the criteria prescribed in

17  subsection (2) and by considering the following additional

18  factors:

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

20  an amount of $5,000 or more.

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

22  and who paid the bond.

23         3.  Whether paying for private counsel or other due

24  process services creates a substantial hardship for the

25  applicant or the applicant's family.

26         4.  Any other relevant financial circumstances of the

27  applicant or the applicant's family.

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

29  the following determinations and shall, if appropriate,

30  appoint a public defender or private counsel:

31         1.  The applicant is not indigent.


                                  24

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






    CS for CS for SB 2542                          First Engrossed



 1         2.  The applicant is indigent.

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

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

 4  represented by private counsel not appointed by the court for

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

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

 7  determination that he or she is indigent for costs and

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

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

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

11         1.  The completed application prescribed in subsection

12  (1); and

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

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

15  and the source of payment for these fees.

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

17         1.  Whether the applicant applied for a determination

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

19  such application;

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

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

22         3.  The additional factors prescribed in subsection

23  (4);

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

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

26  basis;

27         5.  When the applicant retained private counsel; and

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

29  the fees.

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

31  the following determinations:


                                  25

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






    CS for CS for SB 2542                          First Engrossed



 1         1.  The applicant is not indigent for costs.

 2         2.  The applicant is indigent for costs.

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

 4  determination that a person is indigent for costs under this

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

 6  copy of which the clerk shall provide to counsel representing

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

 8  proceeding pro se, for use in requesting payment of

 9  due-process expenses through the Justice Administrative

10  Commission. Counsel representing a person declared indigent

11  for costs must execute the Justice Administrative Commission's

12  contract for counsel representing persons indigent for costs.

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

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

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

16  tax-dependent person with the necessary legal services and

17  costs incident to a delinquency proceeding or, upon transfer

18  of such person for criminal prosecution as an adult pursuant

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

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

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

22  failure of a parent or legal guardian to furnish legal

23  services and costs under this section does not bar the

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

25  27.40, or s. 27.5303. When the public defender, a private

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

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

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

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

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

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


                                  26

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






    CS for CS for SB 2542                          First Engrossed



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

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

 3  lien against the property of the nonindigent parents or legal

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

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

 6         (7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE

 7  INFORMATION.--

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

 9  application or motion and the actual financial status of the

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

11  shall determine whether the public defender or private

12  attorney shall continue representation or whether the

13  authorization for any other due-process services previously

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

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

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

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

18  or private attorney to discontinue representation and revoke

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

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

21  applicant, through fraud or misrepresentation, was improperly

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

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

24  of any amount recovered by the state attorney as reasonable

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

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

27  remitted to the Department of Revenue for deposit into the

28  Grants and Donations Trust Fund within the Justice

29  Administrative Commission for appropriation by the Legislature

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

31  


                                  27

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






    CS for CS for SB 2542                          First Engrossed



 1  recovered shall be remitted to the Department of Revenue for

 2  deposit into the General Revenue Fund.

 3         (c)  A person who knowingly provides false information

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

 5  indigent status under this section commits a misdemeanor of

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

 7  775.083.

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

 9  section 27.5304, Florida Statutes, are amended, and

10  subsections (7), (8), (9), and (10) are added to that section,

11  to read:

12         27.5304  Private court-appointed counsel;

13  compensation.--

14         (1)  Private court-appointed counsel shall be

15  compensated by the Justice Administrative Commission in an

16  amount not to exceed the fee limits established in this

17  section. The attorney also shall be reimbursed for reasonable

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

19  attorney is representing a defendant charged with more than

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

21  compensated at the rate provided for the most serious offense

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

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

24  section. Court-appointed counsel providing representation

25  under an alternate model shall enter into the uniform contract

26  with the Justice Administrative Commission and shall use the

27  Justice Administrative Commission's uniform procedures and

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

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

30  contract for services may result in termination of the

31  contract.


                                  28

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






    CS for CS for SB 2542                          First Engrossed



 1         (2)  The Justice Administrative Commission shall review

 2  an intended billing by private court-appointed counsel for

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

 4  and compliance with contractual, statutory, and circuit

 5  Article V indigent services committee requirements. The

 6  commission may approve the intended billing for flat fee

 7  payment without approval by the court if the intended billing

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

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

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

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

12  with supporting affidavits and all other necessary

13  documentation, to the Justice Administrative Commission. The

14  Justice Administrative Commission shall review the billings,

15  affidavit, and documentation for completeness and compliance

16  with contractual and statutory requirements. If the Justice

17  Administrative Commission objects to any portion of the

18  proposed billing, the objection and reasons therefor shall be

19  communicated to the private court-appointed counsel. The

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

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

22  or related expenses together with supporting affidavits and

23  all other necessary documentation. The motion must specify

24  whether the Justice Administrative Commission objects to any

25  portion of the billing or the sufficiency of documentation

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

27  from the commission stating its objections the reasons

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

29  on the Justice Administrative Commission at least 5 business

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

31  Administrative Commission shall have standing to appear before


                                  29

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






    CS for CS for SB 2542                          First Engrossed



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

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

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

 4  the motion by use of telephonic or other communication

 5  equipment. The Justice Administrative Commission may contract

 6  with other public or private entities or individuals to appear

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

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

 9  expenses. The fact that the Justice Administrative Commission

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

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

12  The court retains primary authority and responsibility for

13  determining the reasonableness of all billings for attorney's

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

15  limitations. Private court-appointed counsel is entitled to

16  compensation upon final disposition of a case, except as

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

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

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

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

21  legal services have been provided by the attorney for more

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

23  80 percent of the fees earned, or costs and related expenses

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

25  fees permitted under this section based on legal services

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

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

28  work a particular hardship upon counsel.

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

30  Services Advisory Board shall recommend to the Legislature any

31  


                                  30

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






    CS for CS for SB 2542                          First Engrossed



 1  adjustments to the compensation provisions of this section.

 2  This subsection expires on July 1, 2006.

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

 4  defender to represent an indigent defendant may not reassign

 5  or subcontract the case to another attorney. The

 6  court-appointed private attorney may not or allow another

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

 8  the registry developed under pursuant to s. 27.40.

 9         (7)  Private court-appointed counsel representing a

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

11  for payment to the Justice Administrative Commission at the

12  following intervals:

13         (a)  Upon entry of an order of disposition as to the

14  parent being represented;

15         (b)  Upon conclusion of a 12-month permanency review;

16  and

17         (c)  Following a judicial review hearing.

18  

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

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

21  extraordinary circumstances justifying more frequent

22  submission of payment requests.

23         (8)  Private court-appointed counsel representing an

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

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

26  Administrative Commission at the following intervals:

27         (a)  Upon the filing of an appellate brief, including,

28  but not limited to, a reply brief; and

29         (b)  When the opinion of the appellate court is

30  finalized.

31  


                                  31

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






    CS for CS for SB 2542                          First Engrossed



 1         (9)  Private court-appointed counsel may not bill for

 2  preparation of invoices whether or not the case is paid on the

 3  basis of an hourly rate or by flat fee.

 4         (10)  The Justice Administrative Commission shall

 5  develop a schedule to provide partial payment of attorney fees

 6  for cases that are not resolved within 6 months. The schedule

 7  must provide that the aggregate payments shall not exceed

 8  limits established by law. Any partial payment made pursuant

 9  to this subsection shall not exceed the actual value of

10  services provided to date.  Any partial payment shall be

11  proportionate to the value of services provided based on

12  payment rates included in the contract, not to exceed any

13  limit provided by law.

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

15  Statutes, is amended to read:

16         27.54  Limitation on payment of expenditures for public

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

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

19  appropriate or contribute funds to, the operation of the

20  offices of the various public defenders as provided in this

21  subsection. A public defender defending violations of special

22  laws or county or municipal ordinances punishable by

23  incarceration and not ancillary to a state charge shall

24  contract with counties and municipalities to recover the full

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

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

27  equivalent attorney positions to work on behalf of the county

28  or municipality. Notwithstanding any other provision of law,

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

30  the public defender shall contract for full reimbursement, or

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


                                  32

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






    CS for CS for SB 2542                          First Engrossed



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

 2  municipality shall pay for due process services that are

 3  approved by the court, including deposition costs, deposition

 4  transcript costs, investigative costs, witness fees, expert

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

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

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

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

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

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

11  of the charge or companion case charges, regardless of

12  adjudication. The court shall determine the amount of the

13  obligation. The county or municipality may recover assessed

14  fees through collections court or as otherwise permitted by

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

16  forwarded to the applicable county or municipality as

17  reimbursement.

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

19  shall require a county or municipality to reimburse the public

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

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

22  that rate shall control.

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

24  equivalent attorney positions to perform work on behalf of the

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

26  equivalent positions based on estimates by the public defender

27  of the number of hours required to handle the projected

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

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

30  specified in the General Appropriations Act, multiplied by the

31  legislative budget request standard for available work hours


                                  33

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






    CS for CS for SB 2542                          First Engrossed



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

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

 3  provide for funding full-time equivalent positions in

 4  one-quarter increments.

 5         (c)  Any payments received under pursuant to this

 6  subsection shall be deposited into the Grants and Donations

 7  Trust Fund within the Justice Administrative Commission for

 8  appropriation by the Legislature.

 9         Section 6.  Section 28.24, Florida Statutes, is amended

10  to read:

11         28.24  Service charges by clerk of the circuit

12  court.--The clerk of the circuit court shall may charge for

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

14  and instruments and in performing the duties enumerated in

15  amounts not to exceed those specified in this section.

16  Notwithstanding any other provision of this section, the clerk

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

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

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

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

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

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

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

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

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

26  circuit court may provide the requested public record in an

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

28  being accessed by the requesting entity.

29  

30                                                         Charges

31  


                                  34

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






    CS for CS for SB 2542                          First Engrossed



 1         (1)  For examining, comparing, correcting, verifying,

 2  and certifying transcripts of record in appellate proceedings,

 3  prepared by attorney for appellant or someone else other than

 4  clerk per page............................................4.50

 5         (2)  For preparing, numbering, and indexing an original

 6  record of appellate proceedings, per instrument...........3.00

 7         (3)  For certifying copies of any instrument in the

 8  public records............................................1.50

 9         (4)  For verifying any instrument presented for

10  certification prepared by someone other than clerk, per page

11  ..........................................................3.00

12         (5)(a)  For making copies by photographic process of

13  any instrument in the public records consisting of pages of

14  not more than 14 inches by 8 1/2  inches, per page........1.00

15         (b)  For making copies by photographic process of any

16  instrument in the public records of more than 14 inches by 8

17  1/2  inches, per page.....................................5.00

18         (6)  For making microfilm copies of any public records:

19         (a)  16 mm 100' microfilm roll....................37.50

20         (b)  35 mm 100' microfilm roll....................52.50

21         (c)  Microfiche, per fiche.........................3.00

22         (7)  For copying any instrument in the public records

23  by other than photographic process, per page..............6.00

24         (8)  For writing any paper other than herein

25  specifically mentioned, same as for copying, including signing

26  and sealing...............................................6.00

27         (9)  For indexing each entry not recorded..........1.00

28         (10)  For receiving money into the registry of court:

29         (a)1.  First $500, percent............................3

30         2.  Each subsequent $100, percent...................1.5

31         (b)  Eminent domain actions, per deposit........$150.00


                                  35

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






    CS for CS for SB 2542                          First Engrossed



 1         (11)  For examining, certifying, and recording plats

 2  and for recording condominium exhibits larger than 14 inches

 3  by 8 1/2  inches:

 4         (a)  First page...................................30.00

 5         (b)  Each additional page.........................15.00

 6         (12)  For recording, indexing, and filing any

 7  instrument not more than 14 inches by 8 1/2  inches, including

 8  required notice to property appraiser where applicable:

 9         (a)  First page or fraction thereof................5.00

10         (b)  Each additional page or fraction thereof......4.00

11         (c)  For indexing instruments recorded in the official

12  records which contain more than four names, per additional

13  name......................................................1.00

14         (d)  An additional service charge shall be paid to the

15  clerk of the circuit court to be deposited in the Public

16  Records Modernization Trust Fund for each instrument listed in

17  s. 28.222, except judgments received from the courts and

18  notices of lis pendens, recorded in the official records:

19         1.  First page.....................................1.00

20         2.  Each additional page...........................0.50

21  

22  Said fund shall be held in trust by the clerk and used

23  exclusively for equipment and maintenance of equipment,

24  personnel training, and technical assistance in modernizing

25  the public records system of the office. In a county where the

26  duty of maintaining official records exists in an office other

27  than the office of the clerk of the circuit court, the clerk

28  of the circuit court is entitled to 25 percent of the moneys

29  deposited into the trust fund for equipment, maintenance of

30  equipment, training, and technical assistance in modernizing

31  the system for storing records in the office of the clerk of


                                  36

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






    CS for CS for SB 2542                          First Engrossed



 1  the circuit court. The fund may not be used for the payment of

 2  travel expenses, membership dues, bank charges,

 3  staff-recruitment costs, salaries or benefits of employees,

 4  construction costs, general operating expenses, or other costs

 5  not directly related to obtaining and maintaining equipment

 6  for public records systems or for the purchase of furniture or

 7  office supplies and equipment not related to the storage of

 8  records. On or before December 1, 1995, and on or before

 9  December 1 of each year immediately preceding each year during

10  which the trust fund is scheduled for legislative review under

11  s. 19(f)(2), Art. III of the State Constitution, each clerk of

12  the circuit court shall file a report on the Public Records

13  Modernization Trust Fund with the President of the Senate and

14  the Speaker of the House of Representatives. The report must

15  itemize each expenditure made from the trust fund since the

16  last report was filed; each obligation payable from the trust

17  fund on that date; and the percentage of funds expended for

18  each of the following: equipment, maintenance of equipment,

19  personnel training, and technical assistance. The report must

20  indicate the nature of the system each clerk uses to store,

21  maintain, and retrieve public records and the degree to which

22  the system has been upgraded since the creation of the trust

23  fund.

24         (e)  An additional service charge of $4 per page shall

25  be paid to the clerk of the circuit court for each instrument

26  listed in s. 28.222, except judgments received from the courts

27  and notices of lis pendens, recorded in the official records.

28  From the additional $4 service charge collected:

29         1.  If the counties maintain legal responsibility for

30  the costs of the court-related technology needs as defined in

31  s. 29.008(1)(f)2. and (h), 10 cents shall be distributed to


                                  37

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






    CS for CS for SB 2542                          First Engrossed



 1  the Florida Association of Court Clerks and Comptroller, Inc.,

 2  for the cost of development, implementation, operation, and

 3  maintenance of the clerks' Comprehensive Case Information

 4  System, in which system all clerks shall participate on or

 5  before January 1, 2006; $1.90 shall be retained by the clerk

 6  to be deposited in the Public Records Modernization Trust Fund

 7  and used exclusively for funding court-related technology

 8  needs of the clerk as defined in s. 29.008(1)(f)2. and (h);

 9  and $2 shall be distributed to the board of county

10  commissioners to be used exclusively to fund court-related

11  technology, and court technology needs as defined in s.

12  29.008(1)(f)2. and (h) for the state trial courts, state

13  attorney, and public defender in that county. If the counties

14  maintain legal responsibility for the costs of the

15  court-related technology needs as defined in s. 29.008(1)(f)2.

16  and (h), notwithstanding any other provision of law, the

17  county is not required to provide additional funding beyond

18  that provided herein for the court-related technology needs of

19  the clerk as defined in s. 29.008(1)(f)2. and (h). All court

20  records and official records are the property of the State of

21  Florida, including any records generated as part of the

22  Comprehensive Case Information System funded pursuant to this

23  paragraph and the clerk of court is designated as the

24  custodian of such records. All official records, as defined in

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

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

27  comptroller who has the duty of maintaining official records,

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

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

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

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


                                  38

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






    CS for CS for SB 2542                          First Engrossed



 1  System for copies of records generated by the Comprehensive

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

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

 4  association.

 5         2.  If the state becomes legally responsible for the

 6  costs of court-related technology needs as defined in s.

 7  29.008(1)(f)2. and (h), whether by operation of general law or

 8  by court order, $4 shall be remitted to the Department of

 9  Revenue for deposit into the General Revenue Fund.

10         (13)  Oath, administering, attesting, and sealing, not

11  otherwise provided for herein.............................3.00

12         (14)  For validating certificates, any authorized

13  bonds, each...............................................3.00

14         (15)  For preparing affidavit of domicile..........5.00

15         (16)  For exemplified certificates, including signing

16  and sealing...............................................6.00

17         (17)  For authenticated certificates, including signing

18  and sealing...............................................6.00

19         (18)(a)  For issuing and filing a subpoena for a

20  witness, not otherwise provided for herein (includes writing,

21  preparing, signing, and sealing)..........................6.00

22         (b)  For signing and sealing only..................1.50

23         (19)  For approving bond...........................7.50

24         (20)  For searching of records, for each year's search

25  ..........................................................1.50

26         (21)  For processing an application for a tax deed sale

27  (includes application, sale, issuance, and preparation of tax

28  deed, and disbursement of proceeds of sale), other than excess

29  proceeds.................................................60.00

30         (22)  For disbursement of excess proceeds of tax deed

31  sale, first $100 or fraction thereof.....................10.00


                                  39

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






    CS for CS for SB 2542                          First Engrossed



 1         (23)  Upon receipt of an application for a marriage

 2  license, for preparing and administering of oath; issuing,

 3  sealing, and recording of the marriage license; and providing

 4  a certified copy.........................................30.00

 5         (24)  For solemnizing matrimony...................30.00

 6         (25)  For sealing any court file or expungement of any

 7  record...................................................37.50

 8         (26)(a)  For receiving and disbursing all restitution

 9  payments, per payment.....................................3.00

10         (b)  For receiving and disbursing all partial payments,

11  other than restitution payments, for which an administrative

12  processing service charge is not imposed pursuant to s.

13  28.246, per month.........................................5.00

14         (c)  For setting up a payment plan, a one-time

15  administrative processing charge in lieu of a per month charge

16  under paragraph (b)......................................25.00

17         (27)  Postal charges incurred by the clerk of the

18  circuit court in any mailing by certified or registered mail

19  shall be paid by the party at whose instance the mailing is

20  made.

21         (28)  For furnishing an electronic copy of information

22  contained in a computer database: a fee as provided for in

23  chapter 119.

24         Section 7.  Paragraph (a) of subsection (1) and

25  subsection (2) of section 28.2402, Florida Statutes, are

26  amended to read:

27         28.2402  Cost recovery; use of the circuit court for

28  ordinance or special law violations.--

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

30  28.241, a filing fee of $10 shall be paid by a county or

31  municipality when filing a county or municipal ordinance


                                  40

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






    CS for CS for SB 2542                          First Engrossed



 1  violation or violation of a special law in circuit court. This

 2  fee shall be paid to the clerk of the court for performing

 3  court-related functions. A county or municipality is not

 4  required to pay more than one filing fee for a single filing

 5  against a single defendant which contains multiple alleged

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

 7  section, may not be assessed for initiating an enforcement

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

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

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

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

12  delegated by the state, responsibility for enforcing state

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

14  166.0415, or chapter 162.

15         (2)  To offset costs incurred by the clerks of the

16  court in performing court-related functions associated with

17  the processing of violations of special laws and municipal

18  ordinances, 10 percent of the total amount of fines paid to

19  each municipality for special law or ordinance violations

20  filed in circuit court shall be retained by the clerk of the

21  court for deposit into the clerk's fine and forfeiture fund

22  established pursuant to s. 142.01, except for fines a portion

23  of which the clerk of the court retains pursuant to any other

24  provision of state law. A municipality does not include the

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

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

27         Section 8.  Section 28.245, Florida Statutes, is

28  amended to read:

29         28.245  Transmittal of funds to Department of Revenue;

30  uniform remittance form required.--Notwithstanding any other

31  provision of law, all moneys collected by the clerks of the


                                  41

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






    CS for CS for SB 2542                          First Engrossed



 1  court as part of the clerk's court-related functions for

 2  subsequent distribution to any state entity must be

 3  transmitted electronically, by the 20th day of the month

 4  immediately following the month in which the moneys are

 5  collected, to the Department of Revenue for appropriate

 6  distribution. A uniform remittance form provided by the

 7  Department of Revenue detailing the specific amounts due each

 8  fund must accompany such submittal. All moneys collected by

 9  the clerks of court for remittance to any entity must be

10  distributed pursuant to the law in effect at the time of

11  collection.

12         Section 9.  Subsections (1) and (4) of section 28.246,

13  Florida Statutes, are amended to read:

14         28.246  Payment of court-related fees, charges, and

15  costs; partial payments; distribution of funds.--

16         (1)  Beginning July 1, 2003, the clerk of the circuit

17  court shall report the following information to the

18  Legislature and the Florida Clerks Clerk of Court Operations

19  Corporation Conference on a form developed by the Department

20  of Financial Services:

21         (a)  The total amount of mandatory fees, service

22  charges, and costs; the total amount actually assessed; the

23  total amount discharged, waived, or otherwise not assessed;

24  and the total amount collected.

25         (b)  The amount of discretionary fees, service charges,

26  and costs assessed; the total amount discharged; and the total

27  amount collected.

28         (c)  The total amount of mandatory fines and other

29  monetary penalties; the total amount assessed; the total

30  amount discharged, waived, or otherwise not assessed; and the

31  total amount collected.


                                  42

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






    CS for CS for SB 2542                          First Engrossed



 1         (d)  The amount of discretionary fines and other

 2  monetary penalties assessed; the amount discharged; and the

 3  total amount collected.

 4  

 5  If provided to the clerk of court by the judge, the clerk, in

 6  reporting the amount assessed, shall separately identify the

 7  amount assessed pursuant to s. 938.30 as community service;

 8  assessed by reducing the amount to a judgment or lien;

 9  satisfied by time served; or other. The form developed by the

10  Chief Financial Officer shall include separate entries for

11  recording these amounts. The clerk shall submit the report on

12  a quarterly basis 30 days after the end of the quarter for the

13  period from July 1, 2003, through June 30, 2004, and on an

14  annual basis thereafter, 60 days after the end of the county

15  fiscal year.

16         (4)  The clerk of the circuit court shall accept

17  partial payments for court-related fees, service charges,

18  costs, and fines in accordance with the terms of an

19  established payment plan. An individual seeking to defer

20  payment of fees, service charges, costs, or fines imposed by

21  operation of law or order of the court under any provision of

22  general law shall apply to the clerk for enrollment in a

23  payment plan. The clerk shall enter into a payment plan with

24  an individual who the court determines is indigent for costs.

25  A monthly payment amount, calculated based upon all fees and

26  all anticipated costs, is presumed to correspond to the

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

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

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

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

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


                                  43

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






    CS for CS for SB 2542                          First Engrossed



 1  with periodic payment amounts corresponding to the

 2  individual's ability to pay.

 3         Section 10.  Section 28.345, Florida Statutes, is

 4  amended to read:

 5         28.345  Exemption from court-related fees and

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

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

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

 9  guardians, attorneys ad litem, court-appointed private

10  counsel, and public defenders, acting in their official

11  capacity, and state agencies, are exempt from all

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

13  circuit courts.

14         Section 11.  Paragraph (a) of subsection (3) of section

15  28.35, Florida Statutes, is amended to read:

16         28.35  Florida Clerks of Court Operations

17  Corporation.--

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

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

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

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

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

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

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

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

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

27  Department of Revenue; the performance measures and standards

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

29  of each clerk in meeting the performance standards. This

30  certification must also include a report of any additional

31  budget funding authority the corporation approves for a clerk


                                  44

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






    CS for CS for SB 2542                          First Engrossed



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

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

 3         Section 12.  Paragraph (a) of subsection (3) and

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

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

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

 7  added to that section, to read:

 8         28.36  Budget procedure.--There is hereby established a

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

10  of the court.

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

12  following requirements:

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

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

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

16  Court Operations Corporation in the manner and form prescribed

17  by the corporation conference. The proposed budget must

18  provide detailed information on the anticipated revenues

19  available and expenditures necessary for the performance of

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

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

22  fiscal year beginning the following October 1.

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

24  funds plus projected revenues from fines, fees, service

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

26  to meet the anticipated expenditures for the standard list of

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

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

29  Clerks of Court Operations Corporation in the manner and form

30  prescribed by the corporation pursuant to contract with the

31  Chief Financial Officer. The corporation shall verify that the


                                  45

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






    CS for CS for SB 2542                          First Engrossed



 1  proposed budget is limited to the standard list of

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

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

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

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

 6  includes functions not included in the standard list of

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

 8  Chief Financial Officer department shall notify the clerk of

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

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

11  functions, and shall identify appropriate corrective measures

12  to assure budget integrity. The clerk shall then immediately

13  discontinue all ineligible the expenditures of court-related

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

15  Trust Fund for any previous ineligible expenditures made for

16  noncourt-related functions, and shall implement any corrective

17  actions identified by the Chief Financial Officer incurred to

18  date for these functions.

19         (6)  The legislature budget commission may approve

20  adjustments to the clerk's maximum annual budget for

21  court-related duties if either of the following conditions

22  exist:

23         (a)  The additional funding is necessary to pay the

24  cost of performing new or additional functions required by

25  changes in law or court rule. Before the maximum annual budget

26  of any clerk can be increased, the Clerk of the Court

27  corporation shall provide the legislative budget commission a

28  statement of the impact of the proposed budget changes on

29  state revenues, and evidence that the respective clerk of the

30  court is meeting or exceeding the established performance

31  standards for measures on the fiscal management, operational


                                  46

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






    CS for CS for SB 2542                          First Engrossed



 1  efficiency, and effective collection of fines, fees, service

 2  charges, and court costs.

 3         (b)  The additional funding is necessary to pay the

 4  cost of supporting increases in the number of judges or

 5  magistrates authorized by the Legislature. Before the maximum

 6  annual budget of any clerk can be increased. The Clerk of the

 7  Court Corporation shall provide the legislative budget

 8  commission a statement of the impact of the proposed budget

 9  changes on state revenues, evidence that the respective clerk

10  of the court is meeting or exceeding the established

11  performance standards for measures on the fiscal management,

12  operational efficiency, and effective collection of fines,

13  fees, service charges, and court costs, and a proposed

14  staffing model, including the cost and number of staff

15  necessary to support each new judge or magistrate.

16         Section 13.  Subsection (4) of section 28.37, Florida

17  Statutes, is amended to read:

18         28.37  Fines, fees, service charges, and costs remitted

19  to the state.--

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

21  2004, through September 30, 2004, and each January 1

22  thereafter for the preceding county fiscal year of October 1

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

24  Department of Revenue for deposit in the General Revenue Fund

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

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

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

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

29  28.36(4)(a), over the amount needed to meet the approved

30  budget amounts established under s. 28.36.

31  


                                  47

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






    CS for CS for SB 2542                          First Engrossed



 1         Section 14.  Section 28.44, Florida Statutes, is

 2  created to read:

 3         28.44  Clerk discontinuance of court-related

 4  functions.--

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

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

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

 8  substantially modified on a unilateral basis except pursuant

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

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

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

12  writing to the discontinuance or substantial modification of

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

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

15  intention to substantially modify or discontinue a function

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

17  the effective date of the discontinuance or substantial

18  modification of the function.

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

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

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

22  trial court.

23         Section 15.  Subsection (6) of section 29.004, Florida

24  Statutes, is amended to read:

25         29.004  State courts system.--For purposes of

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

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

28  revenues appropriated by general law are as follows:

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

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

31  of statutory authority.


                                  48

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






    CS for CS for SB 2542                          First Engrossed



 1         Section 16.  Section 29.007, Florida Statutes, is

 2  amended to read:

 3         29.007  Court-appointed counsel.--For purposes of

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

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

 6  revenues appropriated by general law are as follows:

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

 8  cases where the defendant is indigent and cannot be

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

10         (2)  Private attorneys appointed by the court to

11  represent indigents or other classes of litigants in civil

12  proceedings requiring court-appointed counsel in accordance

13  with state and federal constitutional guarantees and federal

14  and state statutes.

15         (3)  Reasonable court reporting and transcription

16  services necessary to meet constitutional or statutory

17  requirements, including the cost of transcribing and copying

18  depositions of witnesses and the cost of foreign language and

19  sign-language interpreters and translators.

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

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

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

23  indigent, and any other expert witnesses approved by the

24  court.

25         (5)  Mental health professionals appointed pursuant to

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

27  indigent, and mental health professionals appointed pursuant

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

29  indigent, and any other mental health professionals required

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

31  an indigent person.


                                  49

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






    CS for CS for SB 2542                          First Engrossed



 1         (6)  Reasonable pretrial consultation fees and costs.

 2         (7)  Travel expenses reimbursable under s. 112.061

 3  reasonably necessary in the performance of constitutional and

 4  statutory responsibilities.

 5  

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

 7  court-appointed counsel is appointed; when the litigant

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

 9  attorney and the court determines that the litigant is

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

11  the court determines that the litigant is indigent for costs

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

13  situation in which the court appoints counsel to protect a

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

15  Commission shall approve uniform contract forms for use in

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

17  case in which a private attorney represents a person

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

19  shall execute the commission's contract for private attorneys

20  representing persons who are indigent for costs.

21         Section 17.  Subsection (1) of section 29.008, Florida

22  Statutes, is amended to read:

23         29.008  County funding of court-related functions.--

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

25  State Constitution to fund the cost of communications

26  services, existing radio systems, existing multiagency

27  criminal justice information systems, and the cost of

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

29  facilities for the circuit and county courts, public

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

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


                                  50

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






    CS for CS for SB 2542                          First Engrossed



 1  and county courts performing court-related functions. For

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

 3  shall include the offices and staffing of the guardian ad

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

 5  headquarters for each appellate district shall fund these

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

 7  office in that county. For purposes of implementing these

 8  requirements, the term:

 9         (a)  "Facility" means reasonable and necessary

10  buildings and office space and appurtenant equipment and

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

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

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

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

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

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

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

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

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

20  parking for such facilities in connection with such

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

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

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

24  for space allotment adopted by the Department of Management

25  Services, except that this requirement applies only to

26  facilities that are leased, or on which construction

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

28  physical modifications and improvements to all facilities as

29  are required for compliance with the Americans with

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

31  affected entity in this paragraph, the office space provided


                                  51

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






    CS for CS for SB 2542                          First Engrossed



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

 2  adopted by the Department of Management Services. This section

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

 4  construction commences, after June 30, 2003.

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

 6  be limited to that appropriate and customary for courtrooms,

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

 8  courthouses and any other facility occupied by the courts,

 9  state attorneys, and public defenders. Court-reporting

10  equipment in these areas or facilities is not a responsibility

11  of the county.

12         2.  Equipment and furnishings under this paragraph in

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

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

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

16  areas in courthouses and any other facility occupied by the

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

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

19  apply to any communication services as defined in paragraph

20  (f).

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

22  limited to, all reasonable and necessary costs of the

23  acquisition or lease of facilities for all judicial officers,

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

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

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

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

28  circuit and county courts. This includes expenses related to

29  financing such facilities and the existing and future cost and

30  bonded indebtedness associated with placing the facilities in

31  use.


                                  52

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






    CS for CS for SB 2542                          First Engrossed



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

 2  reasonable and necessary costs of custodial and groundskeeping

 3  services and renovation and reconstruction as needed to

 4  accommodate functions for the circuit and county courts, the

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

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

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

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

 9  intended.

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

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

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

13  systems, stormwater or runoff services and systems, sewer

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

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

16  the mitigation of environmental impacts directly related to

17  the facility.

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

19  reasonable and necessary costs of services of law enforcement

20  officers or licensed security guards and all electronic,

21  cellular, or digital monitoring and screening devices

22  necessary to ensure the safety and security of all persons

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

24  the facility, including protection of property owned by the

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

26  any facility. This includes bailiffs while providing courtroom

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

28  officers.

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

30  reasonable and necessary transmission, emission, and reception

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


                                  53

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






    CS for CS for SB 2542                          First Engrossed



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

 2  equipment, or other electromagnetic systems and includes all

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

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

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

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

 7  courts performing court-related functions. Such system or

 8  services shall include, but not be limited to:

 9         1.  Telephone system infrastructure, including computer

10  lines, telephone switching equipment, and maintenance, and

11  facsimile equipment, wireless communications, cellular

12  telephones, pagers, and video teleconferencing equipment and

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

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

15  pay toll charges for local and long distance service.

16         2.  All computer networks, systems and equipment,

17  including computer hardware and software, modems, printers,

18  wiring, network connections, maintenance, support staff or

19  services including any county-funded support staff located in

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

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

22  charges necessary for an integrated computer system to support

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

24  offices of the public defenders, the offices of the state

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

26  county courts and the capability to connect those entities and

27  reporting data to the state as required for the transmission

28  of revenue, performance accountability, case management, data

29  collection, budgeting, and auditing purposes. The integrated

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

31  a minimum, permit the exchange of financial, performance


                                  54

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






    CS for CS for SB 2542                          First Engrossed



 1  accountability, case management, case disposition, and other

 2  data across multiple state and county information systems

 3  involving multiple users at both the state level and within

 4  each judicial circuit and be able to electronically exchange

 5  judicial case background data, sentencing scoresheets, and

 6  video evidence information stored in integrated case

 7  management systems over secure networks. Once the integrated

 8  system becomes operational, counties may reject requests to

 9  purchase communication services included in this subparagraph

10  not in compliance with standards, protocols, or processes

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

12         3.  Courier messenger and subpoena services.

13         4.  Auxiliary aids and services for qualified

14  individuals with a disability which are necessary to ensure

15  access to the courts. Such auxiliary aids and services

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

17  services required under the federal Americans with

18  Disabilities Act other than services required to satisfy due

19  process requirements and identified as a state funding

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

21  29.007, real-time transcription services for individuals who

22  are hearing impaired, and assistive listening devices and the

23  equipment necessary to implement such accommodations.

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

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

26  circuit and county courts, the offices of the public

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

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

29  circuit and county courts. This includes radio systems that

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

31  1998, to Art. V of the State Constitution was adopted and any


                                  55

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






    CS for CS for SB 2542                          First Engrossed



 1  enhancements made thereafter, the maintenance of those

 2  systems, and the personnel and supplies necessary for

 3  operation.

 4         (h)  "Existing multiagency criminal justice information

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

 6  the multiagency criminal justice information system as defined

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

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

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

10  circuit and county courts performing court-related functions

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

12  those entities. This includes upgrades and maintenance of the

13  current equipment, maintenance and upgrades of supporting

14  technology infrastructure and associated staff, and services

15  and expenses to assure continued information sharing and

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

17  provide additional information technology services, hardware,

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

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

20  offices, and the offices of the clerks of the circuit and

21  county courts performing court-related functions.

22         Section 18.  Section 29.0081, Florida Statutes, is

23  created to read:

24         29.0081  County funding of additional court

25  personnel.--

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

27  that includes that county may enter into an agreement under

28  which the county funds personnel positions to assist in the

29  operation of the circuit.

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

31  


                                  56

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






    CS for CS for SB 2542                          First Engrossed



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

 2  a court fiscal-year basis;

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

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

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

 6  circuit; and

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

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

 9  county funding for the positions.

10         (3)  Positions funded under this section shall be

11  full-time equivalent positions of the judicial circuit but

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

13  the Office of the State Courts Administrator to determine

14  personnel needs or levels of a judicial circuit.

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

16  fund any personnel positions.

17         Section 19.  Subsection (2) of section 29.015, Florida

18  Statutes, is amended to read:

19         29.015  Contingency fund; limitation of authority to

20  transfer funds in contracted due process services

21  appropriation categories.--

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

23  defender incurs a deficit in a contracted due process services

24  appropriation category, the following steps shall be taken in

25  order:

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

27  attempt to identify surplus funds from other appropriation

28  categories within his or her office and submit a budget

29  amendment pursuant to chapter 216 to transfer funds from

30  within the office.

31  


                                  57

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






    CS for CS for SB 2542                          First Engrossed



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

 2  defender is unable to identify surplus funds from within his

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

 4  Administrative Commission along with a complete explanation of

 5  the circumstances which led to the deficit and steps the

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

 7  Justice Administrative Commission shall inquire as to whether

 8  any other office has surplus funds in its contracted due

 9  process services appropriation categories which can be

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

11  other offices indicate that surplus funds are available within

12  the same appropriation category, the Justice Administrative

13  Commission shall transfer the amount needed to fund the

14  deficit and notify the Governor and the chair and vice chair

15  of the legislative budget commission 14 days prior to a

16  transfer pursuant to the notice, review, and objection

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

18  purpose are available in a different budget entity, the

19  Justice Administrative Commission shall request a budget

20  amendment pursuant to chapter 216 request a budget amendment

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

22  deficit upon agreement of the contributing office or offices.

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

24  available to alleviate the deficit, the Justice Administrative

25  Commission may request a budget amendment to transfer funds

26  from the contingency fund. Such transfers shall be in

27  accordance with all applicable provisions of chapter 216 and

28  shall be subject to review and approval by the Legislative

29  Budget Commission. The Justice Administrative Commission shall

30  submit the documentation provided by the office explaining the

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


                                  58

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






    CS for CS for SB 2542                          First Engrossed



 1  the office and the Justice Administrative Commission to

 2  identify surplus funds to the Legislative Budget Commission.

 3         Section 20.  Section 29.018, Florida Statutes, is

 4  amended to read:

 5         29.018  Cost sharing of due-process due process costs;

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

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

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

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

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

11  public defenders, and the Justice Administrative Commission on

12  behalf of court-appointed counsel may enter into contractual

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

14  with court reporting services, court interpreter and

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

16  due process services funded by the state pursuant to this

17  chapter. These costs shall be budgeted within the funds

18  appropriated to each of the affected users of services.

19         Section 21.  Section 29.0185, Florida Statutes, is

20  created to read:

21         29.0185  Provision of state-funded due-process services

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

23  state revenues to an individual unless:

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

25  services are being provided is eligible for court-appointed

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

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

28  is appointed; or

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

30  a court order.

31  


                                  59

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






    CS for CS for SB 2542                          First Engrossed



 1         Section 22.  Subsection (1) of section 34.045, Florida

 2  Statutes, is amended to read:

 3         34.045  Cost recovery; use of the county court for

 4  ordinance or special law violations.--

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

 6  34.041, a filing fee of $10 shall be paid by a county or

 7  municipality when filing a violation of a county or municipal

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

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

10  performing court-related functions. A county or municipality

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

12  filing against a single defendant which contains multiple

13  alleged violations. A filing fee, other than that imposed

14  under this section, may not be assessed for initiating an

15  enforcement proceeding in county court for a violation of a

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

17  special law. The filing fee does not apply to instances in

18  which a county or a municipality has contracted with the

19  state, or has been delegated by the state, responsibility for

20  enforcing state operations, policies, or requirements under s.

21  125.69, s. 166.0415, or chapter 162.

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

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

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

25  nonprevailing party. The county or municipality shall be

26  considered the prevailing party when there is a plea or

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

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

29  adjudication. Costs Cost recovered pursuant to this paragraph

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

31  established pursuant to s. 142.01.


                                  60

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






    CS for CS for SB 2542                          First Engrossed



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

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

 3  party, the court shall assess the person or nonprevailing

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

 5  amount shall be forwarded to the county or municipality.

 6         Section 23.  Effective upon this act becoming a law,

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

 8         34.191  Fines and forfeitures; dispositions.--

 9         (1)  All fines and forfeitures arising from offenses

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

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

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

13  34.045, 142.01, and 142.03 142.13 and subject to the

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

15  provisions of this section, all fines and forfeitures arising

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

17  disbursed in accordance with that section.

18         (2)  All fines and forfeitures received from violations

19  of municipal ordinances committed within a municipality within

20  the territorial jurisdiction of the county court, other than

21  the charge provided in s. 318.1215, shall be paid monthly to

22  the municipality except as provided in s. 28.2402(2), s.

23  34.045(2), s. 318.21, or s. 943.25. For purposes of this

24  section, a municipality does not include the unincorporated

25  areas, if any, of a government created pursuant to s. 6(e),

26  Art. VIII of the State Constitution.

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

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

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

30  performing court-related duties of the office.

31  


                                  61

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






    CS for CS for SB 2542                          First Engrossed



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

 2  Statutes, is amended to read:

 3         39.0132  Oaths, records, and confidential

 4  information.--

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

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

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

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

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

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

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

12  and their attorneys, guardian ad litem, law enforcement

13  agencies, and the department and its designees shall always

14  have the right to inspect and copy any official record

15  pertaining to the child. The Justice Administrative Commission

16  may inspect court dockets required by this chapter as

17  necessary to audit compensation of court-appointed attorneys.

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

19  commission may petition the court for additional documentation

20  as necessary and appropriate. The court may permit authorized

21  representatives of recognized organizations compiling

22  statistics for proper purposes to inspect and make abstracts

23  from official records, under whatever conditions upon their

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

25  by contempt proceedings any violation of those conditions.

26         Section 25.  Subsection (1) of section 39.821, Florida

27  Statutes, is amended to read:

28         39.821  Qualifications of guardians ad litem.--

29         (1)  Because of the special trust or responsibility

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

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


                                  62

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






    CS for CS for SB 2542                          First Engrossed



 1  state funds so designated, to conduct a security background

 2  investigation before certifying a volunteer to serve. A

 3  security background investigation must include, but need not

 4  be limited to, employment history checks, checks of

 5  references, local criminal records checks through local law

 6  enforcement agencies, and statewide criminal records checks

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

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

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

10  background investigation conducted under this section. The

11  information contained in the personnel record may include, but

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

13  why the employee was terminated from employment. An employer

14  who releases a personnel record for purposes of a security

15  background investigation is presumed to have acted in good

16  faith and is not liable for information contained in the

17  record without a showing that the employer maliciously

18  falsified the record. A security background investigation

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

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

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

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

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

24  or under any similar law in another jurisdiction. Before

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

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

27  request a federal criminal records check of the applicant

28  through the Federal Bureau of Investigation. In analyzing and

29  evaluating the information obtained in the security background

30  investigation, the program must give particular emphasis to

31  past activities involving children, including, but not limited


                                  63

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






    CS for CS for SB 2542                          First Engrossed



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

 2  program has the sole discretion in determining whether to

 3  certify a person based on his or her security background

 4  investigation. The information collected pursuant to the

 5  security background investigation is confidential and exempt

 6  from s. 119.07(1).

 7         Section 26.  Section 39.822, Florida Statutes, is

 8  amended to read:

 9         39.822  Appointment of guardian ad litem for abused,

10  abandoned, or neglected child.--

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

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

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

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

15  or criminal judicial proceeding resulting from such

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

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

18  civil or criminal, that otherwise might be incurred or

19  imposed.

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

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

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

23  provision of guardian ad litem services.  Reimbursement to the

24  individual providing guardian ad litem services shall not be

25  contingent upon successful collection by the court from the

26  parent or parents.

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

28  court order appointing the guardian ad litem:

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

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

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


                                  64

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






    CS for CS for SB 2542                          First Engrossed



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

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

 3  of the State Constitution. The guardian ad litem shall

 4  maintain the confidential or exempt status of any records

 5  shared by an agency under this paragraph.

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

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

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

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

10  but not limited to, confidential records.

11  

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

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

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

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

16  financial records.

17         (4)(3)  The guardian ad litem or the program

18  representative shall review all disposition recommendations

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

20  stages of the dependency proceeding or submit a written report

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

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

23  known at least 72 hours prior to the hearing.

24         Section 27.  Subsection (1) of section 40.29, Florida

25  Statutes, is amended to read:

26         40.29  Payment of due process costs.--

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

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

29  court-appointed counsel, shall forward to the Justice

30  Administrative Commission, by county, a quarterly estimate of

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


                                  65

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






    CS for CS for SB 2542                          First Engrossed



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

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

 3  counsel, and persons determined to be indigent for costs

 4  except expert witnesses paid pursuant to a contract or other

 5  professional services agreement, pursuant to ss. 29.005 and

 6  29.006. Each quarter of the state fiscal year, the commission,

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

 8  pay for these ordinary witnesses from state funds specifically

 9  appropriated for the payment of ordinary witnesses.

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

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

12  quarterly estimate of funds necessary to pay juror

13  compensation.

14         Section 28.  Section 40.355, Florida Statutes, is

15  created to read:

16         40.355  Accounting and payment to public defenders and

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

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

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

20  circuit a full statement of accounts for moneys received and

21  disbursed under this chapter.

22         Section 29.  Subsections (5) and (6) of section 43.16,

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

24  that section, to read:

25         43.16  Justice Administrative Commission; membership,

26  powers and duties.--

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

28  not be limited to, the following:

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

30  administrative services and assistance when possible to and on

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


                                  66

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






    CS for CS for SB 2542                          First Engrossed



 1  the office of capital collateral representative of Florida,

 2  and the guardian ad litem program Judicial Qualifications

 3  Commission.

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

 5  guardian ad litem program Judicial Qualifications Commission

 6  shall continue to prepare necessary budgets, vouchers which

 7  represent valid claims for reimbursement by the state for

 8  authorized expenses, and other things incidental to the proper

 9  administrative operation of the office, such as revenue

10  transmittals to the Chief Financial Officer and automated

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

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

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

14  the guardian ad litem program Judicial Qualifications

15  Commission, the commission will either assist in the

16  preparation of budget requests, voucher schedules, and other

17  forms and reports or accomplish the entire project involved.

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

19  supplemental to those of chapter 27, relating to state

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

21  43.20, relating to the guardian ad litem program Judicial

22  Qualifications Commission; or to other laws pertaining hereto.

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

24  Administrative Commission.

25         Section 30.  Subsection (6) is added to section 43.26,

26  Florida Statutes, to read:

27         43.26  Chief judge of circuit; selection; powers.--

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

29  2(d), Art. V of the State Constitution and this section with

30  the authority to promote the prompt and efficient

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


                                  67

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






    CS for CS for SB 2542                          First Engrossed



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

 2  functions that are essential to the orderly administration of

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

 4  consultation with the clerk of court, shall determine the

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

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

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

 8  statute, court rule, or administrative order.

 9         Section 31.  Paragraph (b) of subsection (4) of section

10  44.102, Florida Statutes, is amended to read:

11         44.102  Court-ordered mediation.--

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

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

14  Supreme Court and who have registered for appointment in that

15  circuit.

16         (b)  Nonvolunteer mediators shall be compensated

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

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

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

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

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

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

23  the chief judge of the circuit.

24         Section 32.  Subsection (3) of section 44.103, Florida

25  Statutes, is amended to read:

26         44.103  Court-ordered, nonbinding arbitration.--

27         (3)  Arbitrators shall be selected and compensated in

28  accordance with rules adopted by the Supreme Court.

29  Arbitrators shall be compensated by the parties, or, upon a

30  finding by the court that a party is indigent, an arbitrator

31  may be partially or fully compensated from state funds


                                  68

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






    CS for CS for SB 2542                          First Engrossed



 1  according to the party's present ability to pay. At no time

 2  may an arbitrator charge more than $1,500 per diem, unless the

 3  parties agree otherwise. Prior to approving the use of state

 4  funds to reimburse an arbitrator, the court must ensure that

 5  the party reimburses the portion of the total cost that the

 6  party is immediately able to pay and that the party has agreed

 7  to a payment plan established by the clerk of the court that

 8  will fully reimburse the state for the balance of all state

 9  costs for both the arbitrator and any costs of administering

10  the payment plan and any collection efforts that may be

11  necessary in the future. Whenever possible, qualified

12  individuals who have volunteered their time to serve as

13  arbitrators shall be appointed. If an arbitration program is

14  funded pursuant to s. 44.108, volunteer arbitrators shall be

15  entitled to be reimbursed pursuant to s. 112.061 for all

16  actual expenses necessitated by service as an arbitrator.

17         Section 33.  Section 44.108, Florida Statutes, is

18  amended to read:

19         44.108  Funding of mediation and arbitration.--

20         (1)  Mediation and arbitration should be accessible to

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

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

23  to fund mediation and arbitration services which are the

24  responsibility of the Supreme Court pursuant to the provisions

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

26  collected to the Department of Revenue for deposit in the

27  state courts' Mediation and Arbitration Trust Fund.

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

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

30  unless otherwise established in the General Appropriations

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


                                  69

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






    CS for CS for SB 2542                          First Engrossed



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

 2  family mediation when the parties' combined income is greater

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

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

 5  family mediation when the parties' combined income is less

 6  than $50,000; or

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

 8  county court cases.

 9  

10  No mediation fees shall be assessed under this subsection in

11  residential eviction cases, against a party found to be

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

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

14  to the Department of Revenue for deposit into the state

15  courts' Mediation and Arbitration Trust Fund to fund

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

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

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

19  30 days after the end of each quarter, a report specifying the

20  amount of funds collected under this section during each

21  quarter of the fiscal year.

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

23  Statutes, is amended to read:

24         57.081  Costs; right to proceed where prepayment of

25  costs waived.--

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

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

28  administrative agency proceeding or who initiates such

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

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

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


                                  70

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






    CS for CS for SB 2542                          First Engrossed



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

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

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

 4  examining fees; mediation services and fees; private

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

 6  service charges for collecting and disbursing funds; and any

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

 8  any appeal from an administrative agency decision, for which

 9  the clerk is responsible for preparing the transcript, the

10  clerk shall record the cost of preparing the transcripts and

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

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

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

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

15  57.082.

16         Section 35.  Section 57.082, Florida Statutes, is

17  created to read:

18         57.082  Determination of civil indigent status.--

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

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

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

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

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

24  determination of civil indigent status using an application

25  form developed by the Florida Clerks of Court Operations

26  Corporation and submitted to the Supreme Court for approval.

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

28  following financial information:

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

30  minus deductions required by law, including court-ordered

31  support payments.


                                  71

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






    CS for CS for SB 2542                          First Engrossed



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

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

 3  compensation, other regular support from absent family

 4  members, public or private employee pensions, unemployment

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

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

 7  savings accounts, bank accounts, stocks, bonds, certificates

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

 9  motor vehicle or in other tangible property.

10         4.  All liabilities and debts.

11  

12  The application must include a signature by the applicant

13  which attests to the truthfulness of the information provided.

14  The application form developed by the corporation must include

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

16  determination that the applicant is not indigent, as provided

17  in this section.

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

19  the clerk and requests assistance in completing the

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

21  is unable to complete the application after the clerk has

22  provided assistance.

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

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

25  a private attorney who is representing the applicant in the

26  applicable matter.

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

28  court shall determine whether an applicant seeking such

29  designation is indigent based upon the information provided in

30  the application and the criteria prescribed in this

31  subsection.


                                  72

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






    CS for CS for SB 2542                          First Engrossed



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

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

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

 4  then-current federal poverty guidelines prescribed for the

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

 6  Department of Health and Human Services.

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

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

 9  expectancy of any interest in any intangible or tangible

10  personal property or real property having a net equity value

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

12  homestead and one vehicle having a net value not exceeding

13  $5,000.

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

15  the following determinations:

16         1.  The applicant is not indigent.

17         2.  The applicant is indigent.

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

19  indigent, the clerk shall immediately file the determination

20  in the case record.

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

22  applicant is indigent is limited to receiving the application

23  and comparing the information provided in the application to

24  the criteria prescribed in this subsection. The determination

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

26  not be based on further investigation or the exercise of

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

28  third parties to perform functions assigned to the clerk under

29  this section.

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

31  determination that the applicant is not indigent in the court


                                  73

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






    CS for CS for SB 2542                          First Engrossed



 1  having jurisdiction over the matter by filing a petition to

 2  review the clerk's determination of nonindigent status for

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

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

 5  court shall make a final determination as provided in

 6  subsection (4).

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

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

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

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

11  counsel, the court shall make a preliminary determination of

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

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

14         (4)  REVIEW OF THE 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 paying for private counsel or other fees

23  and costs creates a substantial hardship for the applicant or

24  the applicant's family.

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

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

27  basis.

28         3.  When the applicant retained private counsel.

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

30  the fees.

31  


                                  74

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






    CS for CS for SB 2542                          First Engrossed



 1         5.  Any other relevant financial circumstances of the

 2  applicant or the applicant's family.

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

 4  the following determinations and shall, if appropriate,

 5  appoint private counsel:

 6         1.  The applicant is not indigent.

 7         2.  The applicant is indigent.

 8         (5)  PROCESSING CHARGE; PAYMENT PLANS.--A person who

 9  the clerk or the court determines is indigent for civil

10  proceedings under this section shall be enrolled in a payment

11  plan under s. 28.246 and shall be charged a one-time

12  administrative processing charge under s. 28.24(26)(c). A

13  monthly payment amount, calculated based upon all fees and all

14  anticipated costs, is presumed to correspond to the person's

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

16  annual net income, as defined in subsection (1), divided by

17  12. The person may seek review of the clerk's decisions

18  regarding a payment plan established under s. 28.246 in the

19  court having jurisdiction over the matter. A case may not be

20  impeded in any way, delayed in filing, or delayed in its

21  progress, including the final hearing and order, due to

22  nonpayment of any fees by an indigent person.

23         (6)  FINANCIAL DISCREPANCIES; FRAUD; FALSE

24  INFORMATION.--

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

26  application and the actual financial status of the person

27  found to be indigent, the court shall determine whether the

28  status and any relief provided as a result of that status

29  shall be revoked. The person may be heard regarding the

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

31  information, determines that the person is not indigent, the


                                  75

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






    CS for CS for SB 2542                          First Engrossed



 1  court shall revoke the provision of any relief under this

 2  section.

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

 4  applicant, through fraud or misrepresentation, was improperly

 5  determined to be indigent, the matter shall be referred to the

 6  state attorney. Twenty-five percent of any amount recovered by

 7  the state attorney as reasonable value of the services

 8  rendered, including fees, charges, and costs paid by the state

 9  on the person's behalf, shall be remitted to the Department of

10  Revenue for deposit into the Grants and Donations Trust Fund

11  within the Justice Administrative Commission for appropriation

12  by the Legislature to the state attorney. Seventy-five percent

13  of any amount recovered shall be remitted to the Department of

14  Revenue for deposit into the General Revenue Fund.

15         (c)  A person who knowingly provides false information

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

17  indigent status under this section commits a misdemeanor of

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

19  775.083.

20         Section 36.  Subsection (1) of section 92.142, Florida

21  Statutes, is amended to read:

22         92.142  Witnesses; pay.--

23         (1)  Witnesses in all cases, civil and criminal, in all

24  courts, now or hereafter created, and witnesses summoned

25  before any arbitrator or general or special magistrate

26  appointed by the court shall receive for each day's actual

27  attendance $5 and also 6 cents per mile for actual distance

28  traveled to and from the courts. A witness in a criminal case

29  required to appear in a county other than the county of his or

30  her residence and residing more than 50 miles from the

31  location of the trial shall be entitled to per diem and travel


                                  76

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






    CS for CS for SB 2542                          First Engrossed



 1  expenses at the same rate provided for state employees under

 2  s. 112.061, in lieu of any other witness fee at the discretion

 3  of the court.

 4         Section 37.  Effective July 1, 2006, subsections (2)

 5  and (3) of section 92.231, Florida Statutes, are amended to

 6  read:

 7         92.231  Expert witnesses; fee.--

 8         (2)  Any expert or skilled witness who shall have

 9  testified in any cause shall be allowed a witness fee

10  including the cost of any exhibits used by such witness in an

11  amount agreed to by the parties, and the same shall be taxed

12  as costs. In instances where services are provided for the

13  state, including for state-paid private court-appointed

14  counsel, payment from state funds shall be in accordance with

15  standards adopted by the Legislature after receiving

16  recommendations from the Article V Indigent Services Advisory

17  Board.

18         (3)  In a criminal case in which the state or an

19  indigent defendant requires the services of an expert witness

20  whose opinion is relevant to the issues of the case, the

21  expert witness shall be compensated in accordance with

22  standards adopted by the Legislature after receiving

23  recommendations from the Article V Indigent Services Advisory

24  Board.

25         Section 38.  Paragraph (y) is added to subsection (2)

26  of section 110.205, Florida Statutes, to read:

27         110.205  Career service; exemptions.--

28         (2)  EXEMPT POSITIONS.--The exempt positions that are

29  not covered by this part include the following:

30         (y)  All officers and employees of the Justice

31  Administrative Commission, Office of the State Attorney,


                                  77

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






    CS for CS for SB 2542                          First Engrossed



 1  Office of the Public Defender, regional offices of capital

 2  collateral counsel, and Statewide Guardian Ad Litem Office,

 3  including the circuit guardian ad litem programs.

 4         Section 39.  Subsection (1) of section 116.01, Florida

 5  Statutes, is amended to read:

 6         116.01  Payment of public funds into treasury.--

 7         (1)  Every state and county officer within this state

 8  authorized to collect funds due the state or county shall pay

 9  all sums officially received by the officer into the state or

10  county treasury not later than 7 working days from the close

11  of the week in which the officer received the funds. Funds

12  received by the county officer on behalf of the state shall be

13  deposited directly to the account of the State Treasury not

14  later than 7 working days from the close of the week in which

15  the officer received the funds. The clerk of the court, when

16  collecting funds as part of the clerk's court-related

17  functions, must remit those funds as required under s. 28.245.

18         Section 40.  Subsections (1) and (4) of section 116.21,

19  Florida Statutes, are amended to read:

20         116.21  Unclaimed moneys; limitation.--

21         (1)  The sheriffs and clerks of the courts of the

22  various counties of the state are authorized at their

23  discretion on or before September 25 of each and every year

24  hereafter to pay into the fine and forfeiture fund of their

25  respective counties, or the fine and forfeiture fund created

26  under s. 142.01, any or all unclaimed moneys deposited or

27  collected by them in their official capacity, which unclaimed

28  moneys came into their hands prior to January 1 of the

29  preceding year and for which moneys claim has not been made.

30  Any unclaimed moneys collected or deposited by the clerk of

31  the circuit court in the course of the clerk's court-related


                                  78

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






    CS for CS for SB 2542                          First Engrossed



 1  activities may be processed under this chapter; however, the

 2  clerk must pay for the cost of publication of the list of

 3  unclaimed court-related funds. Any unclaimed court-related

 4  funds collected or deposited by the clerk which remain

 5  unclaimed must be deposited into the fine and forfeiture fund

 6  established under s. 142.01.

 7         (4)  Except for the cost of publishing the notice for

 8  the clerk's unclaimed court-related moneys, the cost of

 9  publishing the notices as required by subsection (2) shall be

10  paid by the county commissioners, and the sheriff or the clerk

11  shall receive as compensation the regular fee allowed by

12  statute for the collection of fines, fees, and costs adjudged

13  to the state upon the amounts remitted to the fine and

14  forfeiture fund.  Upon such payment to the fine and forfeiture

15  fund, the sheriff or clerk shall be released and discharged

16  from any and all further responsibility or liability in

17  connection therewith.

18         Section 41.  Paragraph (gg) of subsection (6) of

19  section 119.07, Florida Statutes, is amended to read:

20         119.07  Inspection and copying of records;

21  photographing public records; fees; exemptions.--

22         (6)

23         (gg)1.  Until January 1, 2007 2006, if a social

24  security number, made confidential and exempt pursuant to s.

25  119.0721, created pursuant to s. 1, ch. 2002-256, passed

26  during the 2002 regular legislative session, or a complete

27  bank account, debit, charge, or credit card number made exempt

28  pursuant to paragraph (dd), created pursuant to s. 1, ch.

29  2002-257, passed during the 2002 regular legislative session,

30  is or has been included in a court file, such number may be

31  included as part of the court record available for public


                                  79

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






    CS for CS for SB 2542                          First Engrossed



 1  inspection and copying unless redaction is requested by the

 2  holder of such number, or by the holder's attorney or legal

 3  guardian, in a signed, legibly written request specifying the

 4  case name, case number, document heading, and page number. The

 5  request must be delivered by mail, facsimile, electronic

 6  transmission, or in person to the clerk of the circuit court.

 7  The clerk of the circuit court does not have a duty to inquire

 8  beyond the written request to verify the identity of a person

 9  requesting redaction. A fee may not be charged for the

10  redaction of a social security number or a bank account,

11  debit, charge, or credit card number pursuant to such request.

12         2.  Any person who prepares or files a document to be

13  recorded in the official records by the county recorder as

14  provided in chapter 28 may not include a person's social

15  security number or complete bank account, debit, charge, or

16  credit card number in that document unless otherwise expressly

17  required by law. Until January 1, 2007 2006, if a social

18  security number or a complete bank account, debit, charge or

19  credit card number is or has been included in a document

20  presented to the county recorder for recording in the official

21  records of the county, such number may be made available as

22  part of the official record available for public inspection

23  and copying. Any person, or his or her attorney or legal

24  guardian, may request that a county recorder remove from an

25  image or copy of an official record placed on a county

26  recorder's publicly available Internet website, or a publicly

27  available Internet website used by a county recorder to

28  display public records outside the office or otherwise made

29  electronically available outside the county recorder's office

30  to the general public, his or her social security number or

31  complete account, debit, charge, or credit card number


                                  80

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






    CS for CS for SB 2542                          First Engrossed



 1  contained in that official record. Such request must be

 2  legibly written, signed by the requester, and delivered by

 3  mail, facsimile, electronic transmission, or in person to the

 4  county recorder. The request must specify the identification

 5  page number of the document that contains the number to be

 6  redacted. The county recorder does not have a duty to inquire

 7  beyond the written request to verify the identity of a person

 8  requesting redaction. A fee may not be charged for redacting

 9  such numbers.

10         3.  Upon the effective date of this act, subsections

11  (3) and (4) of s. 119.0721, do not apply to the clerks of the

12  court or the county recorder with respect to circuit court

13  records and official records.

14         4.  On January 1, 2007 2006, and thereafter, the clerk

15  of the circuit court and the county recorder must keep

16  complete bank account, debit, charge, and credit card numbers

17  exempt as provided for in paragraph (dd), and must keep social

18  security numbers confidential and exempt as provided for in s.

19  119.0721, without any person having to request redaction.

20         Section 42.  Section 142.01, Florida Statutes, is

21  amended to read:

22         142.01  Fine and forfeiture fund; clerk of the circuit

23  court.--There shall be established by the clerk of the circuit

24  court in each county of this state a separate fund to be known

25  as the fine and forfeiture fund for use by the clerk of the

26  circuit court in performing court-related functions. The fund

27  shall consist of the following:

28         (1)  Fines and penalties pursuant to ss. 28.2402(2),

29  34.045(2), 316.193, 327.35, 327.72, 372.72(1), and 775.083(1).

30         (2)  That portion of civil penalties directed to this

31  fund pursuant to s. 318.21.


                                  81

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






    CS for CS for SB 2542                          First Engrossed



 1         (3)  Court costs pursuant to ss. 28.2402(1)(b),

 2  34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and

 3  (11)(a), and 938.05(3).

 4         (4)  Proceeds from forfeited bail bonds, unclaimed

 5  bonds, unclaimed moneys, or recognizances pursuant to ss.

 6  321.05(4)(a), 372.72(1), and 903.26(3)(a).

 7         (5)  Fines and forfeitures pursuant to s. 34.191.

 8         (6)  All other revenues received by the clerk as

 9  revenue authorized by law to be retained by the clerk.

10  

11  Notwithstanding the provisions of this section, all fines and

12  forfeitures arising from operation of the provisions of s.

13  318.1215 shall be disbursed in accordance with that section.

14         Section 43.  Subsection (5) is added to section 213.13,

15  Florida Statutes, to read:

16         213.13  Electronic remittance and distribution of funds

17  collected by clerks of the court.--

18         (5)  All court-related collections, including fees,

19  fines, reimbursements, court costs, and other court-related

20  funds that the clerks must remit to the state pursuant to law,

21  must be transmitted electronically by the 20th day of the

22  month immediately following the month in which the funds are

23  collected.

24         Section 44.  Section 219.07, Florida Statutes, is

25  amended to read:

26         219.07  Disbursements.--Each officer shall, not later

27  than 7 working days from the close of the week in which the

28  officer received the funds, distribute the money which is

29  required to be paid to other officers, agencies, funds, or

30  persons entitled to receive the same; provided, that

31  distributions or partial distributions may be made more


                                  82

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






    CS for CS for SB 2542                          First Engrossed



 1  frequently; and provided further, that money required by law

 2  or court order, or by the purpose for which it was collected,

 3  to be held and disbursed for a particular purpose in a manner

 4  different from that set out herein shall be held and disbursed

 5  accordingly. Further, money collected by the county officer on

 6  behalf of the state, except for money collected by the clerk

 7  of the court as part of court-related functions, shall be

 8  deposited directly to the account of the State Treasury not

 9  later than 7 working days from the close of the week in which

10  the officer received the funds. The clerk of the court, when

11  collecting money as part of the clerk's court-related

12  functions, must remit that money as required under s. 28.245.

13         Section 45.  Subsection (1) of section 219.075, Florida

14  Statutes, is amended to read:

15         219.075  Investment of surplus funds by county

16  officers.--

17         (1)(a)  Except when another procedure is prescribed by

18  law or by ordinance as to particular funds, a tax collector or

19  any other county officer having, receiving, or collecting any

20  money, either for his or her office or on behalf of and

21  subject to subsequent distribution to another officer of state

22  or local government, while such money is in excess of that

23  required to meet current expenses or is pending distribution,

24  shall invest such money, without limitation, as provided in s.

25  218.415.

26         (b)  These investments shall be planned so as not to

27  slow the normal distribution of the subject funds.  The

28  investment earnings shall be reasonably apportioned and

29  allocated and shall be credited to the account of, and paid

30  to, the office or distributee, together with the principal on

31  which such earnings accrued.


                                  83

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






    CS for CS for SB 2542                          First Engrossed



 1         (c)  This section does not apply to the clerk of the

 2  circuit court with respect to money collected as part of the

 3  clerk's court-related functions. The clerk, however, shall

 4  remit this money as provided under s. 28.245.

 5         Section 46.  Section 318.121, Florida Statutes, is

 6  amended to read:

 7         318.121  Preemption of additional fees, fines,

 8  surcharges, and costs.--Notwithstanding any general or special

 9  law, or municipal or county ordinance, additional fees, fines,

10  surcharges, or costs, other than the court costs and

11  surcharges assessed under s. 318.18(11) and (13), may not be

12  added to the civil traffic penalties assessed in this chapter.

13         Section 47.  Subsection (13) of section 318.18, Florida

14  Statutes, is amended, and subsection (14) is added to that

15  section, to read:

16         318.18  Amount of civil penalties.--The penalties

17  required for a noncriminal disposition pursuant to s. 318.14

18  are as follows:

19         (13)  In addition to any penalties imposed for

20  noncriminal traffic infractions pursuant to this chapter or

21  imposed for criminal violations listed in s. 318.17, a board

22  of county commissioners or any unit of local government which

23  is consolidated as provided by s. 9, Art. VIII of the State

24  Constitution of 1885, as preserved by s. 6(e), Art. VIII of

25  the Constitution of 1968:

26         (a)  May impose by ordinance a surcharge of up to $15

27  for any infraction or violation to fund state court

28  facilities. The court shall not waive this surcharge. Up to 25

29  percent of the revenue from such surcharge may be used to

30  support local law libraries provided that the county or unit

31  of local government provides a level of service equal to that


                                  84

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






    CS for CS for SB 2542                          First Engrossed



 1  provided prior to July 1, 2004, which shall include the

 2  continuation of library facilities located in or near the

 3  county courthouse or annexes.

 4         (b)  That imposed increased fees or service charges by

 5  ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the

 6  purpose of securing payment of the principal and interest on

 7  bonds issued by the county before July 1, 2003, to finance

 8  state court facilities, may impose by ordinance a surcharge

 9  for any infraction or violation for the exclusive purpose of

10  securing payment of the principal and interest on bonds issued

11  by the county before July 1, 2003, to fund state court

12  facilities until the date of stated maturity. The court shall

13  not waive this surcharge. Such surcharge may not exceed an

14  amount per violation calculated as the quotient of the maximum

15  annual payment of the principal and interest on the bonds as

16  of July 1, 2003, divided by the number of traffic citations

17  for county fiscal year 2002-2003 certified as paid by the

18  clerk of the court of the county. Such quotient shall be

19  rounded up to the next highest dollar amount. The bonds may be

20  refunded only if savings will be realized on payments of debt

21  service and the refunding bonds are scheduled to mature on the

22  same date or before the bonds being refunded.

23  

24  A county may not impose both of the surcharges authorized

25  under paragraphs (a) and (b) concurrently. The clerk of court

26  shall report, no later than 30 days after the end of the

27  quarter, the amount of funds collected under this subsection

28  during each quarter of the fiscal year. The clerk shall submit

29  the report, in a format developed by the Office of State

30  Courts Administrator, to the chief judge of the circuit, the

31  


                                  85

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






    CS for CS for SB 2542                          First Engrossed



 1  Governor, the President of the Senate, and the Speaker of the

 2  House of Representatives.

 3         (14)  In addition to any penalties imposed for

 4  noncriminal traffic infractions under chapter 318 or imposed

 5  for criminal violations listed in s. 318.17, any unit of local

 6  government which is consolidated as provided by s. 9, Art.

 7  VIII of the State Constitution of 1885, as preserved by s.

 8  6(e), Art. VIII of the State Constitution of 1968, and which

 9  is granted the authority in the State Constitution to exercise

10  all the powers of a municipal corporation, and any unit of

11  local government operating under a home rule charter adopted

12  pursuant to ss. 10, 11, and 24, Art. VIII of the State

13  Constitution of 1885, as preserved by s. 6(e), Art. VIII of

14  the State Constitution of 1968, which is granted the authority

15  in the State Constitution to exercise all the powers conferred

16  now or hereafter by general law upon municipalities, may

17  impose by ordinance a surcharge of up to $15 for any

18  infraction or violation. Revenue from the surcharge shall be

19  transferred to such unit of local government for the purpose

20  of replacing fine revenue deposited into the clerk's fine and

21  forfeiture fund under s. 142.01. The court may not waive this

22  surcharge. Proceeds from the imposition of the surcharge

23  authorized in this subsection shall not be used for the

24  purpose of securing payment of the principal and interest on

25  bonds. This subsection, and any surcharge imposed pursuant to

26  this subsection, shall stand repealed on September 30, 2007.

27         Section 48.  Effective upon this act becoming a law,

28  paragraph (g) of subsection (2) of section 318.21, Florida

29  Statutes, is amended to read:

30         318.21  Disposition of civil penalties by county

31  courts.--All civil penalties received by a county court


                                  86

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






    CS for CS for SB 2542                          First Engrossed



 1  pursuant to the provisions of this chapter shall be

 2  distributed and paid monthly as follows:

 3         (2)  Of the remainder:

 4         (g)1.  If the violation occurred within a special

 5  improvement district of the Seminole Indian Tribe or

 6  Miccosukee Indian Tribe, 56.4 percent shall be paid to that

 7  special improvement district.

 8         2.  If the violation occurred within a municipality,

 9  50.8 percent shall be paid to that municipality and 5.6

10  percent shall be deposited into the fine and forfeiture trust

11  fund established pursuant to s. 142.01.

12         3.  If the violation occurred within the unincorporated

13  area of a county, including the unincorporated areas, if any,

14  of a government created pursuant to s. 6(e), Art. VIII of the

15  State Constitution, that is not within a special improvement

16  district of the Seminole Indian Tribe or Miccosukee Indian

17  Tribe, 56.4 percent shall be deposited into the fine and

18  forfeiture fund established pursuant to s. 142.01.

19         Section 49.  Section 318.31, Florida Statutes, is

20  amended to read:

21         318.31  Objectives.--The Supreme Court is hereby

22  requested to adopt rules and procedures for the establishment

23  and operation of Civil Traffic Infraction Hearing Officer

24  Programs under ss. 318.30-318.38. However, the appointment of

25  a hearing officer shall be at the option of the county

26  electing to establish such a program, upon recommendation by

27  the county court judge or judges, as the case may be, and the

28  Chief Judge of the Circuit and approval by the Chief Justice

29  of the Supreme Court.

30         Section 50.  Subsection (1) of section 318.32, Florida

31  Statutes, is amended to read:


                                  87

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






    CS for CS for SB 2542                          First Engrossed



 1         318.32  Jurisdiction; limitations.--

 2         (1)  Hearing officers shall be empowered to accept

 3  pleas from and decide the guilt or innocence of any person,

 4  adult or juvenile, charged with any civil traffic infraction

 5  and shall be empowered to adjudicate or withhold adjudication

 6  of guilt in the same manner as a county court judge under the

 7  statutes, rules, and procedures presently existing or as

 8  subsequently amended, except that hearing officers shall not:

 9         (a)  Have the power to hold a defendant in contempt of

10  court, but shall be permitted to file a motion for order of

11  contempt with the appropriate state trial court judge;

12         (b)  Hear a case involving a crash resulting in injury

13  or death; or

14         (c)  Hear a criminal traffic offense case or a case

15  involving a civil traffic infraction issued in conjunction

16  with a criminal traffic offense; or.

17         (d)  Have the power to suspend a defendant's driver's

18  license pursuant to s. 316.655(2).

19         Section 51.  Section 318.325, Florida Statutes, is

20  amended to read:

21         318.325  Jurisdiction and procedure for parking

22  infractions.--Any county or municipality may adopt an

23  ordinance that allows the county or municipality to refer

24  cases involving the violation of a county or municipal parking

25  ordinance to a hearing officer funded by the county or

26  municipality. Notwithstanding the provisions of ss. 318.14 and

27  775.08(3), any parking violation shall be deemed to be an

28  infraction as defined in s. 318.13(3). However, the violation

29  must be enforced and disposed of in accordance with the

30  provisions of general law applicable to parking violations and

31  with the charter or code of the county or municipality where


                                  88

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






    CS for CS for SB 2542                          First Engrossed



 1  the violation occurred. The clerk of the court or the

 2  designated traffic violations bureau must collect and

 3  distribute the fines, forfeitures, and court costs assessed

 4  under this section.

 5         Section 52.  Section 322.29, Florida Statutes, is

 6  amended to read:

 7         322.29  Surrender and return of license.--

 8         (1)  The department, upon suspending or revoking a

 9  license, shall require that such license be surrendered to the

10  department.  At the end of the period of suspension, such

11  license so surrendered shall be returned, or a duplicate

12  license issued, to the licensee after the applicant has

13  successfully passed the vision, sign, and traffic law

14  examinations.  In addition, pursuant to s. 322.221, the

15  department may require the licensee to successfully complete a

16  driving examination.  The department is prohibited from

17  requiring the surrender of a license except as authorized by

18  this chapter.

19         (2)  The provisions of subsection (1) to the contrary

20  notwithstanding, no examination is required for the return of

21  a license suspended under s. 318.15 or s. 322.245 unless an

22  examination is otherwise required by this chapter. Every

23  person applying for the return of a license suspended under s.

24  318.15 or s. 322.245 shall present to the department

25  certification from the court that he or she has complied with

26  all obligations and penalties imposed on him or her pursuant

27  to s. 318.15 or, in the case of a suspension pursuant to s.

28  322.245, that he or she has complied with all directives of

29  the court and the requirements of s. 322.245 and shall pay to

30  the department a nonrefundable service fee of $47.50 $35, of

31  which $37.50 $25 shall be deposited into the General Revenue


                                  89

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






    CS for CS for SB 2542                          First Engrossed



 1  Fund and $10 shall be deposited into the Highway Safety

 2  Operating Trust Fund. If reinstated by the clerk of the court

 3  or tax collector, $37.50 $25 shall be retained and $10 shall

 4  be remitted to the Department of Revenue for deposit into the

 5  Highway Safety Operating Trust Fund. However, the service fee

 6  is not required if the person is required to pay a $35 fee or

 7  $60 fee under the provisions of s. 322.21.

 8         Section 53.  Section 372.72, Florida Statutes, is

 9  amended to read:

10         372.72  Disposition of fines, penalties, and

11  forfeitures.--

12         (1)  All moneys collected from fines, penalties,

13  proceeds from unclaimed bonds, or forfeitures of bail of

14  persons convicted under this chapter shall be deposited in the

15  fine and forfeiture fund established pursuant to s. 142.01

16  where such convictions are had, except for the disposition of

17  moneys as provided in subsection (2).

18         (2)  All moneys collected from fines, penalties, or

19  forfeitures of bail of persons convicted of violations of

20  rules, regulations, or orders of the Fish and Wildlife

21  Conservation Commission concerning endangered or threatened

22  species or of violation of s. 372.662, s. 372.663, s. 372.667,

23  or s. 372.671 shall be remitted by the clerk of the court to

24  the Department of Revenue to be deposited in the Nongame

25  Wildlife Trust Fund.

26         Section 54.  Subsection (8) of section 903.26, Florida

27  Statutes, is amended to read:

28         903.26  Forfeiture of the bond; when and how directed;

29  discharge; how and when made; effect of payment.--

30         (8)  If the defendant is arrested and returned to the

31  county of jurisdiction of the court prior to judgment, the


                                  90

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






    CS for CS for SB 2542                          First Engrossed



 1  clerk, upon affirmation by the sheriff or the chief

 2  correctional officer, shall, without further order of the

 3  court, discharge the forfeiture of the bond. However, if the

 4  surety agent fails to pay the costs and expenses incurred in

 5  returning the defendant to the county of jurisdiction, the

 6  clerk shall not discharge the forfeiture of the bond. If the

 7  surety agent and the sheriff state attorney fail to agree on

 8  the amount of said costs, then the court, after notice to the

 9  sheriff and the state attorney, shall determine the amount of

10  the costs.

11         Section 55.  Section 938.19, Florida Statutes, is

12  amended to read:

13         938.19  Teen courts.--

14         (1)  Notwithstanding s. 318.121, in each county in

15  which a teen court has been created, the board of county

16  commissioners or local governing body may adopt a mandatory

17  cost to be assessed in specific cases by incorporating by

18  reference the provisions of this section in a county

19  ordinance. Assessments collected by the clerk of the circuit

20  court under this subsection shall be deposited into an account

21  specifically for the operation and administration of the teen

22  court.

23         (2)  A sum of up to $3 shall be assessed as a court

24  cost in the circuit and county court in the county against

25  each person who pleads guilty or nolo contendere to, or is

26  convicted of, regardless of adjudication, a violation of a

27  criminal law or a municipal ordinance or county ordinance or

28  who pays a fine or civil penalty for any violation of chapter

29  316. Any person whose adjudication is withheld under s.

30  318.14(9) or (10) shall also be assessed the cost.

31  


                                  91

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






    CS for CS for SB 2542                          First Engrossed



 1         (3)  The assessment for court costs shall be assessed

 2  in addition to any fine or civil penalty or other court cost

 3  and may not be deducted from the proceeds of that portion of

 4  any fine or civil penalty which is received by a municipality

 5  in the county or by the county in accordance with ss. 316.660

 6  and 318.21. The assessment shall be specifically added to any

 7  civil penalty paid for a violation of chapter 316, regardless

 8  of whether the penalty is paid by mail, paid in person without

 9  request for a hearing, or paid after hearing and determination

10  by the court. However, the assessment may not be made against

11  a person for a violation of any state law, county ordinance,

12  or municipal ordinance relating to the parking of vehicles,

13  with the exception of a violation of the handicapped parking

14  laws.

15         (4)(a)  The clerk of the circuit court shall collect

16  the assessments for court costs established in this section

17  and shall remit the assessments to the teen court monthly.

18         (b)  The clerk of the circuit court shall withhold 5

19  percent of the assessments collected, which shall be retained

20  as fee income of the office of the clerk of the circuit court.

21         (5)  A teen court that receives the cost assessments

22  established by the adopted county ordinance must account for

23  all funds that have been deposited into the designated account

24  in a written report to the board of county commissioners. The

25  report must be given to the commissioners by August 1 of each

26  year or by a date required by the commissioners.

27         (6)  A teen court may be administered by a nonprofit

28  organization, a law enforcement agency, the court

29  administrator, the clerk of the court, or another similar

30  agency authorized by the board of county commissioners.

31  


                                  92

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






    CS for CS for SB 2542                          First Engrossed



 1         (7)  A teen court administered in a county that adopts

 2  an ordinance to assess court costs under this section may not

 3  receive court costs collected under s. 939.185(1)(a)4.

 4  Counties are hereby authorized to fund teen courts.

 5         Section 56.  Paragraph (a) of subsection (1) of section

 6  939.185, Florida Statutes, is amended to read:

 7         939.185  Assessment of additional court costs.--

 8         (1)(a)  The board of county commissioners may adopt by

 9  ordinance an additional court cost, not to exceed $65, to be

10  imposed by the court when a person pleads guilty or nolo

11  contendere to, or is found guilty of, any felony, misdemeanor,

12  or criminal traffic offense under the laws of this state. Such

13  additional assessment shall be accounted for separately by the

14  county in which the offense occurred and be used only in the

15  county imposing this cost, to be allocated as follows:

16         1.  Twenty-five percent of the amount collected shall

17  be allocated to fund innovations to supplement state funding

18  for the elements of the state courts system identified in s.

19  29.004 and county funding for local requirements under s.

20  29.008(2)(a)2.

21         2.  Twenty-five percent of the amount collected shall

22  be allocated to assist counties in providing legal aid

23  programs required under s. 29.008(3)(a).

24         3.  Twenty-five percent of the amount collected shall

25  be allocated to fund personnel and legal materials for the

26  public as part of a law library.

27         4.  Twenty-five percent of the amount collected shall

28  be used as determined by the board of county commissioners to

29  support teen court programs, except as provided in s.

30  938.19(7), juvenile assessment centers, and other juvenile

31  alternative programs.


                                  93

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






    CS for CS for SB 2542                          First Engrossed



 1  

 2  Each county receiving funds under this section shall report

 3  the amount of funds collected pursuant to this section and an

 4  itemized list of expenditures for all authorized programs and

 5  activities. The report shall be submitted in a format

 6  developed by the Supreme Court to the Governor, the Chief

 7  Financial Officer, the President of the Senate, and the

 8  Speaker of the House of Representatives on a quarterly basis

 9  beginning with the quarter ending September 30, 2004.

10  Quarterly reports shall be submitted no later than 30 days

11  after the end of the quarter. Any unspent funds at the close

12  of the county fiscal year allocated under subparagraphs 2.,

13  3., and 4., shall be transferred for use pursuant to

14  subparagraph 1.

15         Section 57.  Section 903.28, Florida Statutes, is

16  amended to read:

17         903.28  Remission of forfeiture; conditions.--

18         (1)  On application within 2 years from forfeiture, the

19  court shall order remission of the forfeiture if it determines

20  that there was no breach of the bond.

21         (2)  If the defendant surrenders or is apprehended

22  within 90 days after forfeiture, the court, on motion at a

23  hearing upon notice having been given to the clerk of the

24  circuit court county attorney and the state attorney as

25  required in subsection (8), shall direct remission of up to,

26  but not more than, 100 percent of a forfeiture if the surety

27  apprehended and surrendered the defendant or if the

28  apprehension or surrender of the defendant was substantially

29  procured or caused by the surety, or the surety has

30  substantially attempted to procure or cause the apprehension

31  or surrender of the defendant, and the delay has not thwarted


                                  94

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






    CS for CS for SB 2542                          First Engrossed



 1  the proper prosecution of the defendant.  In addition,

 2  remission shall be granted when the surety did not

 3  substantially participate or attempt to participate in the

 4  apprehension or surrender of the defendant when the costs of

 5  returning the defendant to the jurisdiction of the court have

 6  been deducted from the remission and when the delay has not

 7  thwarted the proper prosecution of the defendant.

 8         (3)  If the defendant surrenders or is apprehended

 9  within 180 days after forfeiture, the court, on motion at a

10  hearing upon notice having been given to the clerk of the

11  circuit court county attorney and the state attorney as

12  required in subsection (8), shall direct remission of up to,

13  but not more than, 95 percent of a forfeiture if the surety

14  apprehended and surrendered the defendant or if the

15  apprehension or surrender of the defendant was substantially

16  procured or caused by the surety, or the surety has

17  substantially attempted to procure or cause the apprehension

18  or surrender of the defendant, and the delay has not thwarted

19  the proper prosecution of the defendant.  In addition,

20  remission shall be granted when the surety did not

21  substantially participate or attempt to participate in the

22  apprehension or surrender of the defendant when the costs of

23  returning the defendant to the jurisdiction of the court have

24  been deducted from the remission and when the delay has not

25  thwarted the proper prosecution of the defendant.

26         (4)  If the defendant surrenders or is apprehended

27  within 270 days after forfeiture, the court, on motion at a

28  hearing upon notice having been given to the clerk of the

29  circuit court county attorney and the state attorney as

30  required in subsection (8), shall direct remission of up to,

31  but not more than, 90 percent of a forfeiture if the surety


                                  95

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






    CS for CS for SB 2542                          First Engrossed



 1  apprehended and surrendered the defendant or if the

 2  apprehension or surrender of the defendant was substantially

 3  procured or caused by the surety, or the surety has

 4  substantially attempted to procure or cause the apprehension

 5  or surrender of the defendant, and the delay has not thwarted

 6  the proper prosecution of the defendant.  In addition,

 7  remission shall be granted when the surety did not

 8  substantially participate or attempt to participate in the

 9  apprehension or surrender of the defendant when the costs of

10  returning the defendant to the jurisdiction of the court have

11  been deducted from the remission and when the delay has not

12  thwarted the proper prosecution of the defendant.

13         (5)  If the defendant surrenders or is apprehended

14  within 1 year after forfeiture, the court, on motion at a

15  hearing upon notice having been given to the clerk of the

16  circuit court county attorney and the state attorney as

17  required in subsection (8), shall direct remission of up to,

18  but not more than, 85 percent of a forfeiture if the surety

19  apprehended and surrendered the defendant or if the

20  apprehension or surrender of the defendant was substantially

21  procured or caused by the surety, or the surety has

22  substantially attempted to procure or cause the apprehension

23  or surrender of the defendant, and the delay has not thwarted

24  the proper prosecution of the defendant.  In addition,

25  remission shall be granted when the surety did not

26  substantially participate or attempt to participate in the

27  apprehension or surrender of the defendant when the costs of

28  returning the defendant to the jurisdiction of the court have

29  been deducted from the remission and when the delay has not

30  thwarted the proper prosecution of the defendant.

31  


                                  96

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






    CS for CS for SB 2542                          First Engrossed



 1         (6)  If the defendant surrenders or is apprehended

 2  within 2 years after forfeiture, the court, on motion at a

 3  hearing upon notice having been given to the clerk of the

 4  circuit court county attorney and the state attorney as

 5  required in subsection (8), shall direct remission of up to,

 6  but not more than, 50 percent of a forfeiture if the surety

 7  apprehended and surrendered the defendant or if the

 8  apprehension or surrender of the defendant was substantially

 9  procured or caused by the surety, or the surety has

10  substantially attempted to procure or cause the apprehension

11  or surrender of the defendant, and the delay has not thwarted

12  the proper prosecution of the defendant.  In addition,

13  remission shall be granted when the surety did not

14  substantially participate or attempt to participate in the

15  apprehension or surrender of the defendant when the costs of

16  returning the defendant to the jurisdiction of the court have

17  been deducted from the remission and when the delay has not

18  thwarted the proper prosecution of the defendant.

19         (7)  The remission of a forfeiture may not be ordered

20  for any reason other than as specified herein.

21         (8)  An application for remission must be accompanied

22  by affidavits setting forth the facts on which it is founded;

23  however, the surety must establish by further documentation or

24  other evidence any claimed attempt at procuring or causing the

25  apprehension or surrender of the defendant before the court

26  may order remission based upon an attempt to procure or cause

27  such apprehension or surrender. The clerk of the circuit court

28  and the state attorney must be given 20 days' notice before a

29  hearing on an application and be furnished copies of all

30  papers, applications, and affidavits. Remission shall be

31  


                                  97

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






    CS for CS for SB 2542                          First Engrossed



 1  granted on the condition of payment of costs, unless the

 2  ground for remission is that there was no breach of the bond.

 3         (9)  The clerk of the circuit court may enter into a

 4  contract with a private attorney or into an interagency

 5  agreement with a governmental agency to represent the clerk of

 6  the court in an action for the remission of a forfeiture under

 7  this section.

 8         (10)  The clerk of the circuit is the real party in

 9  interest for all appeals arising from an action for the

10  remission of a forfeiture under this section.

11         (11)  Upon remission of bond pursuant to this section,

12  the clerk of the circuit court shall withhold any unpaid

13  fines, fees, service charges, and court costs imposed as a

14  matter of law or ordered by the court.

15         Section 58.  Section 916.115, Florida Statutes, is

16  amended to read:

17         916.115  Appointment of experts.--

18         (1)(a)  Annually, the department shall provide the

19  courts with a list of mental health professionals who have

20  completed approved training as experts.

21         (b)  The court may appoint no more than three nor fewer

22  than two experts to determine issues of the mental condition

23  of a defendant in a criminal case, including the issues of

24  competency to proceed, insanity, and involuntary

25  hospitalization or placement. An expert The panel of experts

26  may evaluate the defendant in jail or in another appropriate

27  local facility.

28         (c)  To the extent possible, an the appointed expert

29  experts shall have completed forensic evaluator training

30  approved by the department and be either a psychiatrist,

31  licensed psychologist, or physician.


                                  98

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






    CS for CS for SB 2542                          First Engrossed



 1         (2)  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 of competence or sanity and as witnesses, which

 5  shall be paid by the county in which the indictment was found

 6  or the information or affidavit was filed.

 7         (a)1.  The court shall pay for any expert that it

 8  appoints by court order, upon motion of counsel for the

 9  defendant or the state or upon its own motion, using funds

10  specifically appropriated on behalf of the state courts for

11  due process costs. If the defense or the state retains an

12  expert and waives the confidentiality of the expert's report,

13  the court may pay for no more than two additional experts

14  appointed by court order. If an expert appointed by the court

15  upon motion of counsel for the defendant specifically to

16  evaluate the competence of the defendant to proceed also

17  addresses in his or her evaluation issues related to sanity as

18  an affirmative defense, the court shall pay only for that

19  portion of the experts' fees relating to the evaluation on

20  competency to proceed, and the balance of the fees shall be

21  chargeable to the defense.

22         2.  Pursuant to s. 29.006, the office of the public

23  defender shall pay for any expert it retains.

24         3.  Pursuant to s. 29.005, the office of the state

25  attorney shall pay for any expert it retains. Notwithstanding

26  subparagraph 1., the office of the state attorney shall pay

27  for any expert whom it retains and whom it moves the court to

28  appoint in order to ensure that the expert has access to the

29  defendant.

30         4.  An expert retained by the defendant who is

31  represented by private counsel appointed under s. 27.5303


                                  99

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






    CS for CS for SB 2542                          First Engrossed



 1  shall be paid by the Justice Administrative Commission from

 2  funds specifically appropriated for such expenses.

 3         5.  An expert retained by a defendant who is indigent

 4  for costs as determined by the court and who is represented by

 5  private counsel, other than private counsel appointed under s.

 6  27.5303, on a fee or pro bono basis, or who is representing

 7  himself or herself, shall be paid by the Justice

 8  Administrative Commission from funds specifically appropriated

 9  for these expenses.

10         (b)  State employees shall be paid expenses pursuant to

11  s. 112.061.

12         (c)  The fees shall be taxed as costs in the case.

13         (d)  In order for an expert the experts to be paid for

14  the services rendered, the expert's report reports and

15  testimony must explicitly address each of the factors and

16  follow the procedures set out in this chapter and in the

17  Florida Rules of Criminal Procedure.

18         Section 59.  Subsections (2), (3), and (4) of section

19  916.12, Florida Statutes, are amended to read:

20         916.12  Mental competence to proceed.--

21         (2)  An expert The experts shall first determine

22  whether the person is mentally ill and, if so, consider the

23  factors related to the issue of whether the defendant meets

24  the criteria for competence to proceed; that is, whether the

25  defendant has sufficient present ability to consult with

26  counsel with a reasonable degree of rational understanding and

27  whether the defendant has a rational, as well as factual,

28  understanding of the pending proceedings. A defendant must be

29  evaluated by no fewer than two experts before the court

30  commits the defendant or takes other action authorized by this

31  chapter or the Florida Rules of Criminal Procedure, except


                                 100

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






    CS for CS for SB 2542                          First Engrossed



 1  that if one expert finds that the defendant is incompetent to

 2  proceed and the parties stipulate to that finding, the court

 3  may commit the defendant or take other action authorized by

 4  this chapter or the rules without further evaluation or

 5  hearing, or the court may appoint no more than two additional

 6  experts to evaluate the defendant. Notwithstanding any

 7  stipulation by the state and the defendant, the court may

 8  require a hearing with testimony from the expert or experts

 9  before ordering the commitment of a defendant.

10         (3)  In considering the issue of competence to proceed,

11  an the examining expert experts shall first consider and

12  specifically include in his or her their report the

13  defendant's capacity to:

14         (a)  Appreciate the charges or allegations against the

15  defendant;

16         (b)  Appreciate the range and nature of possible

17  penalties, if applicable, that may be imposed in the

18  proceedings against the defendant;

19         (c)  Understand the adversarial nature of the legal

20  process;

21         (d)  Disclose to counsel facts pertinent to the

22  proceedings at issue;

23         (e)  Manifest appropriate courtroom behavior; and

24         (f)  Testify relevantly;

25  

26  and include in his or her their report any other factor deemed

27  relevant by the expert experts.

28         (4)  If an expert finds the experts should find that

29  the defendant is incompetent to proceed, the expert experts

30  shall report on any recommended treatment for the defendant to

31  attain competence to proceed. In considering the issues


                                 101

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






    CS for CS for SB 2542                          First Engrossed



 1  relating to treatment, the examining expert experts shall

 2  specifically report on:

 3         (a)  The mental illness causing the incompetence;

 4         (b)  The treatment or treatments appropriate for the

 5  mental illness of the defendant and an explanation of each of

 6  the possible treatment alternatives in order of choices;

 7         (c)  The availability of acceptable treatment and, if

 8  treatment is available in the community, the expert shall so

 9  state in the report; and

10         (d)  The likelihood of the defendant's attaining

11  competence under the treatment recommended, an assessment of

12  the probable duration of the treatment required to restore

13  competence, and the probability that the defendant will attain

14  competence to proceed in the foreseeable future.

15         Section 60.  Subsection (7) of section 916.301, Florida

16  Statutes, is amended to read:

17         916.301  Appointment of experts.--

18         (7)  Expert witnesses appointed by the court to

19  evaluate the mental condition of a defendant in a criminal

20  case shall be allowed reasonable fees for services rendered as

21  evaluators and as witnesses, which shall be paid by the court

22  county in which the indictment was found or the information or

23  affidavit was filed. State employees shall be paid expenses

24  pursuant to s. 112.061. The fees shall be taxed as costs in

25  the case. In order for the experts to be paid for the services

26  rendered, the reports and testimony must explicitly address

27  each of the factors and follow the procedures set out in this

28  chapter and in the Florida Rules of Criminal Procedure.

29         Section 61.  Section 939.185, Florida Statutes, is

30  amended to read:

31  


                                 102

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






    CS for CS for SB 2542                          First Engrossed



 1         939.185  Assessment of additional court costs and

 2  surcharges.--

 3         (1)(a)  The board of county commissioners may adopt by

 4  ordinance an additional court cost, not to exceed $65, to be

 5  imposed by the court when a person pleads guilty or nolo

 6  contendere to, or is found guilty of, any felony, misdemeanor,

 7  or criminal traffic offense under the laws of this state. Such

 8  additional assessment shall be accounted for separately by the

 9  county in which the offense occurred and be used only in the

10  county imposing this cost, to be allocated as follows:

11         1.  Twenty-five percent of the amount collected shall

12  be allocated to fund innovations to supplement state funding

13  for the elements of the state courts system identified in s.

14  29.004 and county funding for local requirements under s.

15  29.008(2)(a)2.

16         2.  Twenty-five percent of the amount collected shall

17  be allocated to assist counties in providing legal aid

18  programs required under s. 29.008(3)(a).

19         3.  Twenty-five percent of the amount collected shall

20  be allocated to fund personnel and legal materials for the

21  public as part of a law library.

22         4.  Twenty-five percent of the amount collected shall

23  be used as determined by the board of county commissioners to

24  support teen court programs, juvenile assessment centers, and

25  other juvenile alternative programs.

26  

27  Each county receiving funds under this section shall report

28  the amount of funds collected pursuant to this section and an

29  itemized list of expenditures for all authorized programs and

30  activities. The report shall be submitted in a format

31  developed by the Supreme Court to the Governor, the Chief


                                 103

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






    CS for CS for SB 2542                          First Engrossed



 1  Financial Officer, the President of the Senate, and the

 2  Speaker of the House of Representatives on a quarterly basis

 3  beginning with the quarter ending September 30, 2004.

 4  Quarterly reports shall be submitted no later than 30 days

 5  after the end of the quarter. Any unspent funds at the close

 6  of the county fiscal year allocated under subparagraphs 2.,

 7  3., and 4., shall be transferred for use pursuant to

 8  subparagraph 1.

 9         (b)  The disbursement of costs collected under this

10  section shall be subordinate in priority order of disbursement

11  to all other state-imposed costs authorized in this chapter,

12  restitution or other compensation to victims, and child

13  support payments.

14         (2)  The court shall order a person to pay the

15  additional court cost. If the person is determined to be

16  indigent, the clerk shall defer payment of this cost.

17         (3)  In addition to the court costs imposed under

18  subsection (1) and any other cost, fine, or penalty imposed by

19  law, any unit of local government which is consolidated as

20  provided by s. 9, Art. VIII of the State Constitution of 1885,

21  as preserved by s. 6(e), Art. VIII of the State Constitution

22  of 1968, and which is granted the authority in the State

23  Constitution to exercise all the powers of a municipal

24  corporation, and any unit of local government operating under

25  a home rule charter adopted pursuant to ss. 10, 11, and 24,

26  Art. VIII of the State Constitution of 1885, as preserved by

27  s. 6(e), Art. VIII of the State Constitution of 1968, and

28  which is granted the authority in the State Constitution to

29  exercise all the powers conferred now or hereafter by general

30  law upon municipalities, may impose by ordinance a surcharge

31  in the amount of $85 to be imposed by the court when a person


                                 104

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






    CS for CS for SB 2542                          First Engrossed



 1  pleads guilty or nolo contendere to, or is found guilty of,

 2  any felony, misdemeanor, or criminal traffic offense under the

 3  laws of this state. Revenue from the surcharge shall be

 4  transferred to such unit of local government for the purpose

 5  of replacing fine revenue deposited into the clerk's fine and

 6  forfeiture fund under s. 142.01. The court may not waive this

 7  surcharge. Proceeds from the imposition of the surcharge

 8  authorized in this subsection shall not be used for the

 9  purpose of securing payment of the principal and interest on

10  bonds.  This subsection, and any surcharge imposed pursuant to

11  this subsection, shall stand repealed on September 30, 2007.

12         Section 62.  Subsection (2) of section 938.29, Florida

13  Statutes, is amended to read:

14         938.29  Legal assistance; lien for payment of

15  attorney's fees or costs.--

16         (2)(a)  There is created in the name of the state a

17  lien, enforceable as hereinafter provided, upon all the

18  property, both real and personal, of any person who:

19         1.  Has received any assistance from any public

20  defender of the state, from any special assistant public

21  defender, or from any conflict attorney; or

22         2.  Is a parent of an accused minor or an accused adult

23  tax-dependent person who is being, or has been, represented by

24  any public defender of the state, by any special assistant

25  public defender, or by a conflict attorney.

26  

27  Such lien constitutes a claim against the defendant-recipient

28  or parent and his or her estate, enforceable according to law.

29         (b)  A judgment showing the name and residence of the

30  defendant-recipient or parent shall be recorded in the public

31  record, without cost, by filed for record in the office of the


                                 105

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






    CS for CS for SB 2542                          First Engrossed



 1  clerk of the circuit court in the county where the

 2  defendant-recipient or parent resides and in each county in

 3  which such defendant-recipient or parent then owns or later

 4  acquires any property. Such judgments shall be enforced on

 5  behalf of the state by the clerk of the circuit court of the

 6  county in which assistance was rendered.

 7         Section 63.  Section 939.06, Florida Statutes, is

 8  amended to read:

 9         939.06  Acquitted defendant not liable for costs.--

10         (1)  A No defendant in a criminal prosecution who is

11  acquitted or discharged is not shall be liable for any costs

12  or fees of the court or any ministerial office, or for any

13  charge of subsistence while detained in custody. If the

14  defendant has shall have paid any taxable costs, or fees

15  required under s. 27.52(1)(b), in the case, the clerk or judge

16  shall give him or her a certificate of the payment of such

17  costs or fees, with the items thereof, which, when audited and

18  approved according to law, shall be refunded to the defendant.

19         (2)  To receive a refund under this section, a

20  defendant must submit a request for the refund to the Justice

21  Administrative Commission on a form and in a manner prescribed

22  by the commission. The defendant must attach to the form an

23  order from the court demonstrating the defendant's right to

24  the refund and the amount of the refund.

25         Section 64.  Subsection (2) of section 985.05, Florida

26  Statutes, is amended, and subsection (5) is added to that

27  section, to read:

28         985.05  Court records.--

29         (2)  The clerk shall keep all official records required

30  by this section separate from other records of the circuit

31  court, except those records pertaining to motor vehicle


                                 106

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






    CS for CS for SB 2542                          First Engrossed



 1  violations, which shall be forwarded to the Department of

 2  Highway Safety and Motor Vehicles. Except as provided in ss.

 3  943.053 and 985.04(4), official records required by this part

 4  are not open to inspection by the public, but may be inspected

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

 6  have a proper interest therein, except that a child and the

 7  parents, guardians, or legal custodians of the child and their

 8  attorneys, law enforcement agencies, the Department of

 9  Juvenile Justice and its designees, the Parole Commission, and

10  the Department of Corrections, and the Justice Administrative

11  Commission shall always have the right to inspect and copy any

12  official record pertaining to the child. The court may permit

13  authorized representatives of recognized organizations

14  compiling statistics for proper purposes to inspect, and make

15  abstracts from, official records under whatever conditions

16  upon the use and disposition of such records the court may

17  deem proper and may punish by contempt proceedings any

18  violation of those conditions.

19         (5)  This part does not prohibit a circuit court from

20  providing a restitution order containing the information

21  prescribed in s. 985.201(4)(c) to collection court or a

22  private collection agency for the sole purpose of collecting

23  unpaid restitution ordered in a case in which the circuit

24  court has retained jurisdiction over the child and the child's

25  parent or legal guardian. The collection court or private

26  collection agency shall maintain the confidential status of

27  the information to the extent such confidentiality is provided

28  by law.

29         Section 65.  Paragraph (c) of subsection (4) of section

30  985.201, Florida Statutes, is amended to read:

31         985.201  Jurisdiction.--


                                 107

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






    CS for CS for SB 2542                          First Engrossed



 1         (4)

 2         (c)  The court may retain jurisdiction over a child and

 3  the child's parent or legal guardian whom the court has

 4  ordered to pay restitution until the restitution order is

 5  satisfied or until the court orders otherwise. To retain

 6  jurisdiction, the court must enter a restitution order, which

 7  is separate from any disposition or order of commitment, on or

 8  prior to the date that If the court retains such jurisdiction

 9  after the date upon which the court's jurisdiction would cease

10  under this section, it shall do so solely for the purpose of

11  enforcing the restitution order. The contents of the

12  restitution order shall be limited to the child's name and

13  address; the name and address of the parent or legal guardian;

14  the name and address of the payee; the case number; the date

15  and amount of restitution ordered; any amount of restitution

16  paid; the amount of restitution due and owing; and a notation

17  that costs, interest, penalties, and attorney's fees may also

18  be due and owing. The terms of the restitution order are

19  subject to the provisions of s. 775.089(5).

20         Section 66.  Section 92.152, Florida Statutes, is

21  created to read:

22         92.152  Compensation to traffic court witnesses.--Any

23  party who secures the attendance of a witness in traffic court

24  shall bear all costs of calling the witness, including witness

25  fees. If the witness is required to testify on behalf of the

26  prosecution, the office of the state attorney of the

27  respective judicial circuit shall pay the fees and costs of

28  calling the witness.

29         Section 67.  Recovery of expenditures for state-funded

30  services.--The trial court administrator of each circuit shall

31  recover expenditures for state-funded services when those


                                 108

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






    CS for CS for SB 2542                          First Engrossed



 1  services have been furnished to a user of the state court

 2  system who possesses the present ability to pay. The rate of

 3  compensation for such services shall be the actual cost of the

 4  services, including the cost of recovery. The trial court

 5  administrator shall deposit moneys recovered under this

 6  section in the Grants and Donations Trust Fund within the

 7  state court system. The trial court administrator shall

 8  recover the costs of court-reporter services and

 9  transcription; court-interpreter services, including

10  translation; and any other service for which state funds were

11  used to provide a product or service within the circuit. This

12  section does not authorize cost recovery from entities

13  described in ss. 29.005, 29.006, and 29.007.

14         Section 68.  (1)(a)  The Legislature finds that the use

15  of estimates of prior-year expenditures to establish maximum

16  annual budgets for the county fiscal year 2004-2005 resulted

17  in maximum annual budgets for some clerks of court which were

18  less than the amounts would have been if actual prior-year

19  expenditures had been used.

20         (b)  The Legislature further finds that the clerks of

21  court perform duties critical to the operations of the

22  judicial branch and that future maximum annual budgets for the

23  clerks of court are based in part on their prior-year budgets.

24         (c)  The Legislature further finds that the difference

25  between establishing the maximum annual budget using estimated

26  prior-year expenditures and using actual prior-year

27  expenditures was significant for the Clerk of Court for the

28  Eleventh Judicial Circuit.

29         (2)  Therefore, the maximum annual budget for the Clerk

30  of Court for the Eleventh Judicial Circuit is increased by

31  $3,817,115 for the county fiscal year 2004-2005.


                                 109

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






    CS for CS for SB 2542                          First Engrossed



 1         Section 69.  It is the intent of the Legislature that

 2  the amendments made by this act to sections 28.2402(2),

 3  34.191, and 318.21, Florida Statutes, are remedial. It is the

 4  further intent of the Legislature that fines and forfeitures

 5  or civil penalties arising from offenses or violations

 6  committed or occurring within an unincorporated area of a

 7  government created under section 6(e), Article VIII of the

 8  State Constitution be paid or deposited for Fiscal Year

 9  2004-2005 as provided in sections 28.2402(2), 34.191, and

10  318.21, Florida Statutes, as those sections are amended by

11  this act. The section shall take effect upon becoming a law.

12         Section 70.  Subsection (4) of section 29.005, Florida

13  Statutes, is repealed.

14         Section 71.  Effective July 1, 2006, section 29.014,

15  Florida Statutes, is repealed.

16         Section 72.  Section 318.37, Florida Statutes, is

17  repealed.

18         Section 73.  Fifteen full-time positions are

19  authorized, and the sum of $949,414 in recurring funds is

20  appropriated from the General Revenue Fund to the Justice

21  Administrative Commission in salaries and benefits for the

22  2005-2006 fiscal year. The sums of $110,809 in recurring funds

23  and $73,502 in nonrecurring funds are appropriated from the

24  General Revenue Fund to the Justice Administrative Commission

25  in expenses for the 2005-2006 fiscal year. The sum of $62,000

26  in nonrecurring funds is appropriated from the General Revenue

27  Fund to the Justice Administrative Commission in operating

28  capital outlay for the 2005-2006 fiscal year. The sum of

29  $4,275 in recurring funds is appropriated from the General

30  revenue Fund to the Justice Administrative Commission for

31  human resource services for the 2005-2006 fiscal year.


                                 110

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






    CS for CS for SB 2542                          First Engrossed



 1         Section 74.  The sum of $1.5 million in recurring funds

 2  is appropriated from the General Revenue Fund to the Justice

 3  Administrative Commission in public defender due process for

 4  the 2005-2006 fiscal year.

 5         Section 75.  The sum of $800,000 in recurring funds is

 6  appropriated from the General Revenue Fund to the Justice

 7  Administrative Commission in state attorney due process for

 8  the 2005-2006 fiscal year.

 9         Section 76.  The sum of $182,885 in recurring funds is

10  appropriated from the General Revenue Fund to the State

11  Attorney for the Eleventh Judicial Circuit in state attorney

12  operations for the 2005-2006 fiscal year.

13         Section 77.  Except as otherwise expressly provided in

14  this act and except for this section, which shall take effect

15  upon becoming a law, this act shall take effect July 1, 2005.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                 111

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