HB 7235

1	A bill to be entitled
2	An act relating to continuing implementation of
3	Constitutional Revision 7 to Article V; amending s. 27.52,
4	F.S.; providing for liability for fees, costs, and charges
5	of representation in delinquency proceedings; expanding a
6	provision imposing a lien; amending s. 27.561, F.S.;
7	deleting authorization for a court to reduce or revoke
8	attorney's fees or costs under certain circumstances;
9	requiring defendant-recipients or parents defaulting on
10	payment of attorney's fees or costs to enroll in a payment
11	plan under certain circumstances; amending s. 28.24, F.S.;
12	decreasing a portion of a fee distributed to the Florida
13	Association of Court Clerks and Comptroller, Inc., used to
14	fund court-related technology needs; increasing a portion
15	of a fee used to fund court-related technology needs and
16	court technology needs and redirecting its distribution
17	from the boards of county commissioners to the Court
18	Technology Trust Fund; specifying additional uses of the
19	fee; providing criteria and requirements for use and
20	distribution of funds in the trust fund; amending s.
21	28.35, F.S.; providing additional duties of the Florida
22	Clerks of Court Operations Corporation; providing
23	requirements for the corporation relating to certain
24	budget amendments; prohibiting a clerk from making certain
25	noncomplying expenditures; amending s. 28.36, F.S.;
26	correcting cross-references; providing expenditure
27	requirements for certain budgets; providing expenditure
28	recording and reporting requirements for clerks; amending
29	s. 29.008, F.S.; specifying methodology, criteria, and
30	procedures for determining noncompliance of counties in
31	funding court-related functions; providing duties of a
32	chief judge, the board of county commissioners, the
33	Executive Office of the Governor, and the Administration
34	Commission; revising provisions for withholding certain
35	revenue sharing receipts by the Department of Revenue;
36	providing a definition; amending s. 29.0086, F.S.;
37	providing an additional reporting requirement of the
38	Article V Technology Board; providing for future repeal of
39	the Article V Technology Board; creating s. 29.0087, F.S.;
40	establishing in each judicial circuit a Judicial Circuit
41	Article V Technology Advisory Council; providing for
42	membership; providing for terms; providing for serving
43	without compensation; providing for per diem and travel
44	expenses; providing for staff for the councils; providing
45	for meetings; providing purposes and duties; amending s.
46	44.103, F.S.; providing additional requirements and
47	procedures for court-ordered nonbinding arbitration
48	proceedings; authorizing courts to assess certain costs
49	against parties requesting de novo trials after
50	arbitration; providing cost assessment criteria; providing
51	a definition; amending s. 218.245, F.S.; revising
52	apportionment criteria for revenue sharing distributions
53	for certain local governments; amending s. 318.18, F.S.;
54	revising reporting requirements for infraction or
55	violation surcharge funds used to finance court
56	facilities; amending s. 903.286, F.S.; revising authority
57	of the clerk of court to withhold funds from return of
58	certain cash bonds for unpaid court fees, court costs, and
59	criminal penalties; providing notice requirements of such
60	withheld funds; amending s. 938.27, F.S.; requiring
61	convicted persons or parents of adjudicated juveniles to
62	enroll in certain prosecution cost-payment plans; deleting
63	certain cost-payment criteria; deleting a requirement for
64	deposit and use of costs collected by the state attorney;
65	amending s. 938.29, F.S.; revising certain provisions for
66	liability for payment of attorney's fees and costs;
67	amending s. 948.15, F.S.; requiring misdemeanor probation
68	service providers to establish a process for collecting
69	certain payments; providing for allocating certain
70	payments among outstanding obligations; renumbering s.
71	939.185, F.S., as s. 938.195, F.S.; creating s. 938.065,
72	F.S., by transferring and amending s. 775.083(2), F.S.;
73	providing for financing county crime prevention programs
74	from certain court costs; amending ss. 938.17, 938.19,
75	948.08, 948.16, and 985.306, F.S.; correcting cross-
76	references; providing an effective date.
77
78	Be It Enacted by the Legislature of the State of Florida:
79
80	Section 1.  Subsection (6) of section 27.52, Florida
81	Statutes, is amended to read:
82	27.52  Determination of indigent status.--
83	(6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
84	parent or legal guardian of an applicant who is a minor or an
85	adult tax-dependent person shall furnish the minor or adult tax-
86	dependent person with the necessary legal services and costs
87	incident to a delinquency proceeding or, upon transfer of such
88	person for criminal prosecution as an adult pursuant to chapter
89	985, a criminal prosecution in which the person has a right to
90	legal counsel under the Constitution of the United States or the
91	Constitution of the State of Florida. The failure of a parent or
92	legal guardian to furnish legal services and costs under this
93	section does not bar the appointment of legal counsel pursuant
94	to this section, s. 27.40, or s. 27.5303. When the public
95	defender, a private court-appointed conflict counsel, or a
96	private attorney is appointed to represent a minor or an adult
97	tax-dependent person in any proceeding in circuit court or in a
98	criminal or delinquency proceeding in any other court, the
99	parents or the legal guardian shall be liable for payment of the
100	fees, charges, and costs of the representation even if the
101	person is a minor being tried as an adult. Liability for the
102	fees, charges, and costs of the representation shall be imposed
103	in the form of a lien against the property of the nonindigent
104	parents or legal guardian of the minor or adult tax-dependent
105	person. The lien is enforceable as provided in s. 27.561 or s.
106	938.29.
107	Section 2.  Subsection (3) of section 27.561, Florida
108	Statutes, is amended to read:
109	27.561  Effect of nonpayment.--
110	(3)  If it appears to the satisfaction of the court that
111	the default in the payment of the attorney's fees or costs is
112	not contempt, the court may enter an order allowing the
113	defendant-recipient or parent additional time for, or reducing
114	the amount of, payment or revoking the assessed attorney's fees
115	or costs, or the unpaid portion thereof, in whole or in part. If
116	the court allows additional time for payment, the defendant-
117	recipient or parent shall be enrolled in a payment plan pursuant
118	to s. 28.246(4).
119	Section 3.  Paragraph (e) of subsection (12) of section
120	28.24, Florida Statutes, is amended to read:
121	28.24  Service charges by clerk of the circuit court.--The
122	clerk of the circuit court shall charge for services rendered by
123	the clerk's office in recording documents and instruments and in
124	performing the duties enumerated in amounts not to exceed those
125	specified in this section. Notwithstanding any other provision
126	of this section, the clerk of the circuit court shall provide
127	without charge to the state attorney, public defender, guardian
128	ad litem, public guardian, attorney ad litem, and court-
129	appointed counsel paid by the state, and to the authorized staff
130	acting on behalf of each, access to and a copy of any public
131	record, if the requesting party is entitled by law to view the
132	exempt or confidential record, as maintained by and in the
133	custody of the clerk of the circuit court as provided in general
134	law and the Florida Rules of Judicial Administration. The clerk
135	of the circuit court may provide the requested public record in
136	an electronic format in lieu of a paper format when capable of
137	being accessed by the requesting entity.
138
139	Charges
140
141	(12)  For recording, indexing, and filing any instrument
142	not more than 14 inches by 81/2 inches, including required
143	notice to property appraiser where applicable:
144	(e)  An additional service charge of $4 per page shall be
145	paid to the clerk of the circuit court for each instrument
146	listed in s. 28.222, except judgments received from the courts
147	and notices of lis pendens, recorded in the official records.
148	From the additional $4 service charge collected:
149	1.  If the counties maintain legal responsibility for the
150	costs of the court-related technology needs as described defined
151	in s. 29.008(1)(f)2. and (h), 5 10 cents shall be distributed to
152	the Florida Association of Court Clerks and Comptroller, Inc.,
153	for the cost of development, implementation, operation, and
154	maintenance of the clerks' Comprehensive Case Information
155	System, in which system all clerks shall participate on or
156	before January 1, 2006; $1.90 shall be retained by the clerk to
157	be deposited in the Public Records Modernization Trust Fund and
158	used exclusively for funding court-related technology needs of
159	the clerk as described defined in s. 29.008(1)(f)2. and (h); and
160	$2.05 $2 shall be distributed to the Court Technology Trust Fund
161	board of county commissioners to be used to prepare the
162	strategic plan required by s. 29.0087 and provide oversight of
163	court-related technology services provided by the counties and
164	to be disbursed to counties as state financial assistance to
165	offset the costs of providing exclusively to fund court-related
166	technology, and court technology needs as described defined in
167	s. 29.008(1)(f)2. and (h) for the state trial courts, state
168	attorney, and public defender in that county. Counties shall
169	agree to use funds in conformance with the strategic plan
170	required by s. 29.0087 as approved by the chief judge in order
171	to be eligible for state financial assistance from the Court
172	Technology Trust Fund. The amount provided to each county from
173	the Court Technology Trust Fund shall be equal to each county's
174	percentage of total collections of the additional recording fee
175	required by this section applied to the total amount available
176	to be distributed to counties. If a county is not eligible to
177	receive funds from the Court Technology Trust Fund, the funds
178	that would have otherwise been distributed to the county shall
179	remain in the Court Technology Trust Fund to be used as
180	appropriated by the Legislature. If the counties maintain legal
181	responsibility for the costs of the court-related technology
182	needs as described defined in s. 29.008(1)(f)2. and (h),
183	notwithstanding any other provision of law, the county is not
184	required to provide additional funding beyond that provided
185	herein for the court-related technology needs of the clerk as
186	described defined in s. 29.008(1)(f)2. and (h). All court
187	records and official records are the property of the State of
188	Florida, including any records generated as part of the
189	Comprehensive Case Information System funded pursuant to this
190	paragraph and the clerk of court is designated as the custodian
191	of such records, except in a county where the duty of
192	maintaining official records exists in a county office other
193	than the clerk of court or comptroller, such county office is
194	designated the custodian of all official records, and the clerk
195	of court is designated the custodian of all court records. The
196	clerk of court or any entity acting on behalf of the clerk of
197	court, including an association, shall not charge a fee to any
198	agency as defined in s. 119.011, the Legislature, or the State
199	Court System for copies of records generated by the
200	Comprehensive Case Information System or held by the clerk of
201	court or any entity acting on behalf of the clerk of court,
202	including an association.
203	2.  If the state becomes legally responsible for the costs
204	of court-related technology needs as described defined in s.
205	29.008(1)(f)2. and (h), whether by operation of general law or
206	by court order, $4 shall be remitted to the Department of
207	Revenue for deposit into the General Revenue Fund.
208	Section 4.  Paragraphs (h) and (i) are added to subsection
209	(2) of section 28.35, Florida Statutes, paragraph (e) of that
210	subsection is amended, subsections (4) through (7) of that
211	section are renumbered as subsections (5) through (8),
212	respectively, and a new subsection (4) is added to that section,
213	to read:
214	28.35  Florida Clerks of Court Operations Corporation.--
215	(2)  The duties of the corporation shall include the
216	following:
217	(e)  Developing and certifying a uniform system of
218	performance measures and applicable performance standards for
219	the functions specified in paragraph (5)(4)(a) and clerk
220	performance in meeting the performance standards. These measures
221	and standards shall be designed to facilitate an objective
222	determination of the performance of each clerk in accordance
223	with minimum standards for fiscal management, operational
224	efficiency, and effective collection of fines, fees, service
225	charges, and court costs. When the corporation finds a clerk has
226	not met the performance standards, the corporation shall
227	identify the nature of each deficiency and any corrective action
228	recommended and taken by the affected clerk of the court.
229	(h)  Receiving reports from each clerk of court in a format
230	specified by the corporation that allows reconciliation of the
231	expenses of a clerk to the clerk's certified budget.
232	(i)  Providing information regarding the budgets and
233	expenditures of clerks and any other fiscal data related to the
234	corporation and performance of court-related clerk duties upon
235	request by a committee of the Legislature, the Governor, or the
236	Office of the State Courts Administrator. Clerks of court shall
237	provide any information requested by the corporation in
238	accordance with this paragraph.
239	(4)  Approval of the corporation is required for a
240	certified budget to be amended except as otherwise provided in
241	s. 28.36(6). The corporation shall provide notice to the
242	appropriations committees of the Senate and the House of
243	Representatives of any requested amendment to a certified budget
244	and the resulting action taken by the corporation to approve or
245	disapprove such request. A clerk may not make expenditures that
246	do not comply with the clerk's certified budget.
247	Section 5.  Subsections (1) through (5) of section 28.36,
248	Florida Statutes, are amended, and subsection (8) is added to
249	that section, to read:
250	28.36  Budget procedure.--There is hereby established a
251	budget procedure for the court-related functions of the clerks
252	of the court.
253	(1)  Only those functions on the standard list developed
254	pursuant to s. 28.35(5)(4)(a) may be funded from fees, service
255	charges, court costs, and fines retained by the clerks of the
256	court. No clerk may use fees, service charges, court costs, and
257	fines in excess of the maximum budget amounts as established in
258	subsection (5).
259	(2)  For the period July 1, 2004, through September 30,
260	2004, and for each county fiscal year ending September 30
261	thereafter, each clerk of the court shall prepare a budget
262	relating solely to the performance of the standard list of
263	court-related functions pursuant to s. 28.35(5)(4)(a).
264	(3)  Each proposed budget shall further conform to the
265	following requirements:
266	(a)  On or before August 15 for each fiscal year
267	thereafter, the proposed budget shall be prepared, summarized,
268	and submitted by the clerk in each county to the Clerks of Court
269	Operations Corporation in the manner and form prescribed by the
270	corporation. The proposed budget must provide detailed
271	information on the anticipated revenues available and
272	expenditures necessary for the performance of the standard list
273	of court-related functions of the clerk's office developed
274	pursuant to s. 28.35(5)(4)(a) for the county fiscal year
275	beginning the following October 1.
276	(b)  The proposed budget must be balanced, such that the
277	total of the estimated revenues available equals must equal or
278	exceeds exceed the total of the anticipated expenditures. These
279	revenues include the following: cash balances brought forward
280	from the prior fiscal period; revenue projected to be received
281	from fees, service charges, court costs, and fines for court-
282	related functions during the fiscal period covered by the
283	budget; and supplemental revenue that may be requested pursuant
284	to subsection (4). Both proposed and certified budgets shall
285	list expenditures by appropriations categories as defined in s.
286	216.011 and the number of full-time equivalent positions. A
287	budget shall specifically list any nonrecurring expenditures,
288	including, but not limited to, employee bonuses and equipment
289	purchases. The budget shall also specify details of any general
290	changes to salaries and benefits, such as cost-of-living
291	increases in salaries and improvements in benefits. The
292	anticipated expenditures must be itemized as required by the
293	corporation, pursuant to contract with the Chief Financial
294	Officer.
295	(c)  The proposed budget may include a contingency reserve
296	not to exceed 10 percent of the total budget, provided that,
297	overall, the proposed budget does not exceed the limits
298	prescribed in subsection (5).
299	(4)  If a clerk of the court estimates that available funds
300	plus projected revenues from fines, fees, service charges, and
301	costs for court-related services are insufficient to meet the
302	anticipated expenditures for the standard list of court-related
303	functions in s. 28.35(5)(4)(a) performed by his or her office,
304	the clerk must report the revenue deficit to the Clerks of Court
305	Operations Corporation in the manner and form prescribed by the
306	corporation pursuant to contract with the Chief Financial
307	Officer. The corporation shall verify that the proposed budget
308	is limited to the standard list of court-related functions in s.
309	28.35(5)(4)(a).
310	(a)  If the corporation verifies that the proposed budget
311	is limited to the standard list of court-related functions in s.
312	28.35(5)(4)(a) and a revenue deficit is projected, a clerk
313	seeking to retain revenues pursuant to this subsection shall
314	increase all fees, service charges, and any other court-related
315	clerk fees and charges to the maximum amounts specified by law
316	or the amount necessary to resolve the deficit, whichever is
317	less. If, after increasing fees, service charges, and any other
318	court-related clerk fees and charges to the maximum amounts
319	specified by law, a revenue deficit is still projected, the
320	corporation shall, pursuant to the terms of the contract with
321	the Chief Financial Officer, certify a revenue deficit and
322	notify the Department of Revenue that the clerk is authorized to
323	retain revenues, in an amount necessary to fully fund the
324	projected revenue deficit, which he or she would otherwise be
325	required to remit to the Department of Revenue for deposit into
326	the Department of Revenue Clerks of the Court Trust Fund
327	pursuant to s. 28.37. If a revenue deficit is projected for that
328	clerk after retaining all of the projected collections from the
329	court-related fines, fees, service charges, and costs, the
330	Department of Revenue shall certify the amount of the revenue
331	deficit amount to the Executive Office of the Governor and
332	request release authority for funds appropriated for this
333	purpose from the Department of Revenue Clerks of the Court Trust
334	Fund. Notwithstanding provisions of s. 216.192 related to the
335	release of funds, the Executive Office of the Governor may
336	approve the release of funds appropriated to resolve projected
337	revenue deficits in accordance with the notice, review, and
338	objection procedures set forth in s. 216.177 and shall provide
339	notice to the Chief Financial Officer. The Department of Revenue
340	is directed to request monthly distributions from the Chief
341	Financial Officer in equal amounts to each clerk certified to
342	have a revenue deficit, in accordance with the releases approved
343	by the Governor.
344	(b)  If the Chief Financial Officer finds the court-related
345	budget proposed by a clerk includes functions not included in
346	the standard list of court-related functions in s.
347	28.35(5)(4)(a), the Chief Financial Officer shall notify the
348	clerk of the amount of the proposed budget not eligible to be
349	funded from fees, service charges, costs, and fines for court-
350	related functions and shall identify appropriate corrective
351	measures to ensure budget integrity. The clerk shall then
352	immediately discontinue all ineligible expenditures of court-
353	related funds for this purpose and reimburse the Clerks of the
354	Court Trust Fund for any previously ineligible expenditures made
355	for non-court-related functions, and shall implement any
356	corrective actions identified by the Chief Financial Officer.
357	(5)(a)  For the county fiscal year October 1, 2004, through
358	September 30, 2005, the maximum annual budget amount for the
359	standard list of court-related functions of the clerks of court
360	in s. 28.35(5)(4)(a) that may be funded from fees, service
361	charges, court costs, and fines retained by the clerks of the
362	court shall not exceed:
363	1.  One hundred and three percent of the clerk's estimated
364	expenditures for the prior county fiscal year; or
365	2.  One hundred and five percent of the clerk's estimated
366	expenditures for the prior county fiscal year for those clerks
367	in counties that for calendar years 1998-2002 experienced an
368	average annual increase of at least 5 percent in both population
369	and case filings for all case types as reported through the
370	Summary Reporting System used by the state courts system.
371	(b)  For the county fiscal year 2005-2006, the maximum
372	budget amount for the standard list of court-related functions
373	of the clerks of court in s. 28.35(5)(4)(a) that may be funded
374	from fees, service charges, court costs, and fines retained by
375	the clerks of the court shall be the approved budget for county
376	fiscal year 2004-2005 adjusted by the projected percentage
377	change in revenue between the county fiscal years 2004-2005 and
378	2005-2006.
379	(c)  For the county fiscal years 2006-2007 and thereafter,
380	the maximum budget amount for the standard list of court-related
381	functions of the clerks of court in s. 28.35(5)(4)(a) that may
382	be funded from fees, service charges, court costs, and fines
383	retained by the clerks of the court shall be established by
384	first rebasing the prior fiscal year budget to reflect the
385	actual percentage change in the prior fiscal year revenue and
386	then adjusting the rebased prior fiscal year budget by the
387	projected percentage change in revenue for the proposed budget
388	year. The rebasing calculations and maximum annual budget
389	calculations shall be as follows:
390	1.  For county fiscal year 2006-2007, the approved budget
391	for county fiscal year 2004-2005 shall be adjusted for the
392	actual percentage change in revenue between the two 12-month
393	periods ending June 30, 2005, and June 30, 2006. This result is
394	the rebased budget for the county fiscal year 2005-2006. Then
395	the rebased budget for the county fiscal year 2005-2006 shall be
396	adjusted by the projected percentage change in revenue between
397	the county fiscal years 2005-2006 and 2006-2007. This result
398	shall be the maximum annual budget amount for the standard list
399	of court-related functions of the clerks of court in s.
400	28.35(5)(4)(a) that may be funded from fees, service charges,
401	court costs, and fines retained by the clerks of the court for
402	each clerk for the county fiscal year 2006-2007.
403	2.  For county fiscal year 2007-2008, the rebased budget
404	for county fiscal year 2005-2006 shall be adjusted for the
405	actual percentage change in revenue between the two 12-month
406	periods ending June 30, 2006, and June 30, 2007. This result is
407	the rebased budget for the county fiscal year 2006-2007. The
408	rebased budget for county fiscal year 2006-2007 shall be
409	adjusted by the projected percentage change in revenue between
410	the county fiscal years 2006-2007 and 2007-2008. This result
411	shall be the maximum annual budget amount for the standard list
412	of court-related functions of the clerks of court in s.
413	28.35(5)(4)(a) that may be funded from fees, service charges,
414	court costs, and fines retained by the clerks of the court for
415	county fiscal year 2007-2008.
416	3.  For county fiscal years 2008-2009 and thereafter, the
417	maximum budget amount for the standard list of court-related
418	functions of the clerks of court in s. 28.35(5)(4)(a) that may
419	be funded from fees, service charges, court costs, and fines
420	retained by the clerks of the court shall be calculated as the
421	rebased budget for the prior county fiscal year adjusted by the
422	projected percentage change in revenues between the prior county
423	fiscal year and the county fiscal year for which the maximum
424	budget amount is being authorized. The rebased budget for the
425	prior county fiscal year shall always be calculated by adjusting
426	the rebased budget for the year preceding the prior county
427	fiscal year by the actual percentage change in revenues between
428	the 12-month period ending June 30 of the year preceding the
429	prior county fiscal year and the 12-month period ending June 30
430	of the prior county fiscal year.
431	(8)  Each clerk shall record and report actual expenditures
432	in a format specified by the Clerks of Court Operations
433	Corporation that allows reconciliation to the clerk's budget as
434	certified by the corporation. The clerk shall submit reports of
435	such expenditures to the corporation upon request but at least
436	quarterly.
437	Section 6.  Subsection (4) of section 29.008, Florida
438	Statutes, is amended, and subsection (5) is added to that
439	section, to read:
440	29.008  County funding of court-related functions.--
441	(4)(a)  A county may be determined not to be in compliance
442	with its responsibility to fund court-related functions if:
443	1.  The amount budgeted by the county in the upcoming or
444	current county fiscal year for any item specified in paragraphs
445	(1)(a), (c), (d), (e), (f), (g), and (h) and subsection (3) is
446	less than the amount spent for that item in county fiscal year
447	2002-2003, the base year, plus 1.5 percent growth per year; and
448	2.  The chief judge asserts that deficiencies will exist in
449	the functioning of the circuit court due to the lack of
450	sufficient budget for that item which the county is funding at
451	less than the base year plus 1.5 percent growth per year.
452	(b)  The process for determining whether a county is not in
453	compliance with its funding responsibility shall be as follows:
454	1.  The chief judge shall identify in writing the specific
455	deficiencies the chief judge asserts will be experienced by the
456	circuit court associated with the county's lack of sufficient
457	support for that item, the recommended corrections, and an
458	estimate of the funding required for such corrections and shall
459	furnish this statement to the board of county commissioners.
460	2.  The board shall provide a response in writing to the
461	chief judge. If the board chooses not to amend its budget to
462	provide funding sufficient to equal the funding for the item in
463	the base year plus 1.5 percent growth per year or remedy the
464	specific deficiencies identified by the chief judge, whichever
465	is less, within 30 days after receiving written notice of such
466	action by the board, the chief judge may notify the
467	Administration Commission of the alleged deficiency and explain
468	the expected impact on the ability of the court to perform the
469	court's constitutional and statutory functions. The notice shall
470	set forth, in the form and manner prescribed by the Executive
471	Office of the Governor and approved by the Administration
472	Commission, the specific deficiencies, recommended corrections,
473	estimate of the funding required for such corrections,
474	expenditures made by the county in the base year for the items,
475	and budget for the items for the county fiscal year in question.
476	The notice shall be provided to the Executive Office of the
477	Governor and the board. The board shall have 5 days from receipt
478	of the notice to provide to the Executive Office of the Governor
479	a reply to the notice, and the board shall provide a copy of
480	such reply to the chief judge.
481	3.  Upon receipt of the notice, the Executive Office of the
482	Governor shall provide for a budget hearing at which the matters
483	presented in the notice and the reply shall be considered. A
484	report of the findings and recommendations of the Executive
485	Office of the Governor on such matters shall be promptly
486	submitted to the Administration Commission, which, within 30
487	days, shall approve the action of the board as to each separate
488	item or direct the Department of Revenue to withhold revenue
489	sharing funds as provided in paragraph (c) in an amount
490	determined by the Administration Commission to be sufficient to
491	remedy the deficiency; however, in no case shall the amount
492	withheld result in a budget that exceeds the amount spent for
493	the item in the base year plus 1.5 percent growth per year for
494	any item enumerated in subparagraph (a)1. The determination of
495	the Administration Commission shall be final and shall be
496	provided to the chief judge, the board, and the Department of
497	Revenue.
498	(c)1.  If the Administration Commission determines that the
499	board shall provide additional funding to fulfill its
500	responsibilities under this section Except for revenues used for
501	the payment of principal or interest on bonds, tax anticipation
502	certificates, or any other form of indebtedness as allowed under
503	s. 218.25(1),(2) or (4), the Department of Revenue shall
504	withhold revenue sharing receipts distributed pursuant to part
505	II of chapter 218, except for revenues used for the payment of
506	principal or interest on bonds, tax anticipation certificates,
507	or any other form of indebtedness as allowed under s. 218.25(1),
508	(2), or (4), from that any county determined to be not in
509	compliance as provided in this subsection with the county
510	funding obligations for items specified in paragraphs (1)(a),
511	(c), (d), (e), (f), (g), and (h) and subsection (3). The
512	department shall withhold an amount equal to the difference
513	between the amount spent by the county for the particular item
514	in county fiscal year 2002-2003, the base year, plus 3 percent,
515	and the amount budgeted by the county for these obligations in
516	county fiscal year 2004-2005, if the latter is less than the
517	former. Every year thereafter, the department shall withhold
518	such an amount if the amount budgeted in that year is less than
519	the base year plus 1.5 percent growth per year. On or before
520	December 31, 2004, counties shall send to the department a
521	certified copy of their budget documents for the respective 2
522	years, separately identifying expenditure amounts for each
523	county funding obligation specified in paragraphs (1) (a), (c),
524	(d), (e), (f), (g), and (h) and subsection (3). Each year
525	thereafter, on or before December 31 of that year, each county
526	shall send a certified copy of its budget document to the
527	department.
528	(b)  Beginning in fiscal year 2005-2006, additional amounts
529	shall be withheld pursuant to paragraph (a), if the amount spent
530	in the previous fiscal year on the items specified in paragraphs
531	(1)(a), (c), (d), (e), (f), (g), and (h), and subsection (3) is
532	less than the amount budgeted for those items. Each county shall
533	certify expenditures for these county obligations for the prior
534	fiscal year to the department within 90 days after the end of
535	the fiscal year.
536	2.(c)  The department shall transfer the withheld payments
537	to the General Revenue Fund by March 31 of each year. These
538	payments are hereby appropriated to the Department of Revenue to
539	pay for these responsibilities on behalf of the county.
540	(5)  For purposes of this section, the term "salaries"
541	includes associated fringe benefits or other perquisites that
542	are typically provided by the county to its employees.
543	Section 7.  Paragraph (d) is added to subsection (5) of
544	section 29.0086, Florida Statutes, and subsection (9) of that
545	section is amended, to read:
546	29.0086  Article V Technology Board.--
547	(5)  The board shall:
548	(d)  By December 15, 2006, provide a report to the
549	Governor, the President of the Senate, the Speaker of the House
550	of Representatives, and the Chief Justice of the Supreme Court.
551	The report shall contain:
552	1.  Recommended statutory language that would provide
553	policy guidance for the strategic plans to be developed and the
554	data integration to be promoted by the Judicial Circuit Article
555	V Technology Advisory Councils.
556	2.  Recommended policies to be adopted by the Office of the
557	State Courts Administrator within the framework provided by the
558	recommended statutory language provided under subparagraph 1.
559	regarding circuit information technology.
560	3.  A description of any further progress made on efforts
561	to develop a catalog of common data elements.
562	(9)  This section is repealed effective January 1, 2007
563	July 1, 2006.
564	Section 8.  Section 29.0087, Florida Statutes, is created
565	to read:
566	29.0087  Judicial Circuit Article V Technology Advisory
567	Councils.--
568	(1)  There shall be established in each judicial circuit a
569	Judicial Circuit Article V Technology Advisory Council.
570	(a)  The membership of the council shall include:
571	1.  The chief judge of the circuit court, or his or her
572	designee, who shall serve as chair.
573	2.  The state attorney of the circuit or his or her
574	designee.
575	3.  The public defender of the circuit or his or her
576	designee.
577	4.  A sheriff from a county in the circuit selected by the
578	chief judge, or the sheriff's designee, who shall be appointed
579	to an initial term of 1 year and shall serve 2-year terms
580	thereafter.
581	5.  A clerk from a county in the circuit selected by the
582	chief judge, or the clerk's designee, who shall be appointed to
583	an initial term of 1 year and shall serve 2-year terms
584	thereafter.
585	6.  A member of a board of county commissioners from a
586	county in the circuit selected by the chief judge, or the
587	member's designee, who shall be appointed to an initial term of
588	2 years and shall serve 2-year terms thereafter.
589	7.  A member in good standing of The Florida Bar practicing
590	in the circuit, appointed by the chief judge.
591	(b)1.  There shall be no limit to the number of terms a
592	member may serve. For multicounty circuits, to the extent
593	possible, the members provided in subparagraphs (a)4.-6. shall
594	be from different counties.
595	2.  Members of the advisory council shall serve without
596	compensation but are entitled to per diem and reimbursement for
597	travel expenses in accordance with s. 112.061. Such per diem and
598	reimbursement for travel expenses shall be paid by the entity
599	employing the member, except for the member of The Florida Bar,
600	whose per diem and reimbursement for travel expenses shall be
601	paid by the judicial circuit.
602	(c)  The judicial circuit information technology director
603	and such other judicial circuit employees as are necessary shall
604	serve as staff to the advisory council. Employees of the
605	entities represented by the members of the advisory council may
606	also provide staff support to the advisory council at the
607	request of the judicial circuit information technology director.
608	(d)  The first meeting of the advisory council shall be
609	held no later than September 30, 2006. The advisory council
610	shall meet at the call of the chair but no less frequently than
611	quarterly.
612	(2)  The advisory council shall work to promote the
613	efficiency and effectiveness of the justice system in the
614	circuit and the state as well as to ensure the security of data.
615	(3)  The duties of the advisory council shall include:
616	(a)  Developing an initial strategic plan and subsequent
617	updated strategic plans to address court-related technology and
618	court technology needs as described in s. 29.008(1)(f)2. and
619	(h). Such plans shall comply with any policies adopted by the
620	Office of the State Courts Administrator regarding circuit-level
621	information technology services. The initial strategic plan or
622	subsequent updated strategic plans shall be provided to the
623	chief judge no later than March 31 of each year.
624	(b)  Promoting secure and reliable data integration,
625	interoperability, and access among the information systems under
626	the control of the chief judge, state attorney, and public
627	defender; the clerks of court, sheriffs, and counties of the
628	circuit; and the various state agencies involved in the justice
629	system and the other court systems of the state.
630	Section 9.  Subsections (4) and (6) of section 44.103,
631	Florida Statutes, are amended to read:
632	44.103  Court-ordered, nonbinding arbitration.--
633	(4)  An arbitrator or, in the case of a panel, the chief
634	arbitrator, shall have such power to administer oaths or
635	affirmation and to conduct the proceedings as the rules of court
636	shall provide. The proceedings shall be conducted informally.
637	Presentation of testimony and evidence shall be kept to a
638	minimum and matters shall be presented to the arbitrators
639	primarily through the statements and arguments of counsel. At
640	the request of Any party to the arbitration may petition the
641	court in the underlying action, for good cause shown, to
642	authorize the, such arbitrator to shall issue subpoenas for the
643	attendance of witnesses and the production of books, records,
644	documents, and other evidence at the arbitration and may
645	petition apply to the court for orders compelling such
646	attendance and production at the arbitration. Subpoenas shall be
647	served and shall be enforceable in the manner provided by law.
648	(6)  Upon motion made by either party within 30 days after
649	entry of a judgment, the court may assess costs against the
650	party requesting a trial de novo, including arbitration costs,
651	court costs, reasonable attorney's fees, and other reasonable
652	costs, such as investigation expenses and expenses for expert or
653	other testimony that were incurred after the arbitration hearing
654	and continuing through the trial of the case, in accordance with
655	the guidelines for taxation of costs as adopted by the Supreme
656	Court. Such costs may be assessed if:
657	(a)  The plaintiff, having filed for a trial de novo,
658	obtains a judgment at trial that is at least 25 percent less
659	than the arbitration award. In such an instance, the costs and
660	attorney's fees assessed pursuant to this subsection shall be
661	set off against the award. When the costs and attorney's fees
662	assessed pursuant to this subsection total more than the amount
663	of the judgment, the court shall enter judgment for the
664	defendant against the plaintiff for the amount of the costs and
665	attorney's fees, less the amount of the award to the plaintiff.
666	For purposes of a determination under this paragraph, the term
667	"judgment" means the amount of the net judgment entered plus all
668	taxable costs pursuant to the guidelines for taxation of costs
669	as adopted by the Supreme Court, any postarbitration collateral
670	source payments received or due as of the date of the judgment,
671	and any postarbitration settlement amounts by which the verdict
672	was reduced; or
673	(b)  The defendant, having filed for a trial de novo, has a
674	judgment entered against the defendant that is a least 25
675	percent more than the arbitration award. For purposes of a
676	determination under this paragraph, the term "judgment" means
677	the amount of the net judgment entered plus any postarbitration
678	settlement amounts by which the verdict was reduced. The party
679	having filed for a trial de novo may be assessed the arbitration
680	costs, court costs, and other reasonable costs of the party,
681	including attorney's fees, investigation expenses, and expenses
682	for expert or other testimony or evidence incurred after the
683	arbitration hearing if the judgment upon the trial de novo is
684	not more favorable than the arbitration decision.
685	Section 10.  Subsection (3) of section 218.245, Florida
686	Statutes, as amended by section 44 of chapter 2005-236, Laws of
687	Florida, is amended to read:
688	218.245  Revenue sharing; apportionment.--
689	(3)  Revenues attributed to the increase in distribution to
690	the Revenue Sharing Trust Fund for Municipalities pursuant to s.
691	212.20(6)(d)6. from 1.0715 percent to 1.3409 percent provided in
692	chapter 2003-402, Laws of Florida, shall be distributed to each
693	eligible municipality and any unit of local government which is
694	consolidated as provided by s. 9, Art. VIII of the State
695	Constitution of 1885, as preserved by s. 6(e), Art. VIII, 1968
696	revised constitution, as follows: each eligible local
697	government's allocation shall be based on the amount it received
698	from the half-cent sales tax under s. 218.61 in the prior state
699	fiscal year divided by the total receipts under s. 218.61 in the
700	prior state fiscal year for all eligible local governments;
701	provided, however, for the purpose of calculating this
702	distribution, the amount received from the half-cent sales tax
703	under s. 218.61 in the prior state fiscal year by a unit of
704	local government which is consolidated as provided by s. 9, Art.
705	VIII of the State Constitution of 1885, as amended, and as
706	preserved by s. 6(e), Art. VIII, of the Constitution as revised
707	in 1968, shall be reduced by 42 50 percent for such local
708	government and for the total receipts. For eligible
709	municipalities that began participating in the allocation of
710	half-cent sales tax under s. 218.61 in the previous state fiscal
711	year, their annual receipts shall be calculated by dividing
712	their actual receipts by the number of months they participated,
713	and the result multiplied by 12.
714	Section 11.  Subsection (13) of section 318.18, Florida
715	Statutes, is amended to read:
716	318.18  Amount of civil penalties.--The penalties required
717	for a noncriminal disposition pursuant to s. 318.14 are as
718	follows:
719	(13)  In addition to any penalties imposed for noncriminal
720	traffic infractions pursuant to this chapter or imposed for
721	criminal violations listed in s. 318.17, a board of county
722	commissioners or any unit of local government which is
723	consolidated as provided by s. 9, Art. VIII of the State
724	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
725	Constitution of 1968:
726	(a)  May impose by ordinance a surcharge of up to $15 for
727	any infraction or violation to fund state court facilities. The
728	court shall not waive this surcharge. Up to 25 percent of the
729	revenue from such surcharge may be used to support local law
730	libraries provided that the county or unit of local government
731	provides a level of service equal to that provided prior to July
732	1, 2004, which shall include the continuation of library
733	facilities located in or near the county courthouse or annexes.
734	(b)  That imposed increased fees or service charges by
735	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
736	purpose of securing payment of the principal and interest on
737	bonds issued by the county before July 1, 2003, to finance state
738	court facilities, may impose by ordinance a surcharge for any
739	infraction or violation for the exclusive purpose of securing
740	payment of the principal and interest on bonds issued by the
741	county before July 1, 2003, to fund state court facilities until
742	the date of stated maturity. The court shall not waive this
743	surcharge. Such surcharge may not exceed an amount per violation
744	calculated as the quotient of the maximum annual payment of the
745	principal and interest on the bonds as of July 1, 2003, divided
746	by the number of traffic citations for county fiscal year 2002-
747	2003 certified as paid by the clerk of the court of the county.
748	Such quotient shall be rounded up to the next highest dollar
749	amount. The bonds may be refunded only if savings will be
750	realized on payments of debt service and the refunding bonds are
751	scheduled to mature on the same date or before the bonds being
752	refunded.
753
754	A county may not impose both of the surcharges authorized under
755	paragraphs (a) and (b) concurrently. The county clerk of court
756	shall report, no later than 30 days after the end of the
757	quarter, the amount of funds collected, the amount of funds
758	expended, and the uses of the funds under this subsection during
759	each quarter of the fiscal year. The county clerk shall submit
760	the report, in a format developed by the Office of State Courts
761	Administrator, to the chief judge of the circuit, the Governor,
762	the President of the Senate, and the Speaker of the House of
763	Representatives.
764	Section 12.  Section 903.286, Florida Statutes, is amended
765	to read:
766	903.286  Return of cash bond; requirement to withhold
767	unpaid fines, fees, and court costs.--Notwithstanding the
768	provisions of s. 903.31(2), the clerk of the court shall
769	withhold from the return of a cash bond posted after June 30,
770	2005, on behalf of a criminal defendant by a person other than a
771	bail bond agent licensed pursuant to chapter 648 sufficient
772	funds to pay any unpaid court fees, court costs, and criminal
773	penalties. The clerk of the court shall provide notice of such
774	withholding of funds and an itemized listing of the specific
775	amounts subject to such withholding to such persons prior to the
776	posting of the cash bond. In the event that sufficient funds are
777	not available to pay all unpaid court fees, court costs, and
778	criminal penalties, the clerk of the court shall immediately
779	obtain payment from the defendant or enroll the defendant in a
780	payment plan pursuant to s. 28.246.
781	Section 13.  Subsections (1), (2), and (8) of section
782	938.27, Florida Statutes, are amended to read:
783	938.27  Judgment for costs on conviction.--
784	(1)  In all criminal cases, convicted persons or parents of
785	adjudicated juveniles are liable for payment of the documented
786	costs of prosecution, including investigative costs incurred by
787	law enforcement agencies, by fire departments for arson
788	investigations, and by investigations of the Department of
789	Financial Services or the Office of Financial Regulation of the
790	Financial Services Commission, if requested by such agencies.
791	These costs shall be included and entered in the judgment
792	rendered against the convicted person or adjudicated juvenile.
793	(2)(a)  If the court allows additional time for payment of
794	such costs, the convicted person or the parents of the
795	adjudicated juvenile shall be enrolled in a payment plan
796	pursuant to s. 28.246(4) The court shall require the defendant
797	to pay the costs within a specified period or in specified
798	installments.
799	(b)  The end of such period or the last such installment
800	shall not be later than:
801	1.  The end of the period of probation or community
802	control, if probation or community control is ordered;
803	2.  Five years after the end of the term of imprisonment
804	imposed, if the court does not order probation or community
805	control; or
806	3.  Five years after the date of sentencing in any other
807	case.
808
809	However, in no event shall the obligation to pay any unpaid
810	amounts expire if not paid in full within the period specified
811	in this paragraph.
812	(b)(c)  If not otherwise provided by the court under this
813	section, costs shall be paid immediately.
814	(8)  Costs that are collected by the state attorney under
815	this section shall be deposited into the state attorney's grants
816	and donations trust fund to be used during the fiscal year in
817	which the funds are collected, or in any subsequent fiscal year,
818	for actual expenses incurred in investigating and prosecuting
819	criminal cases, which may include the salaries of permanent
820	employees.
821	Section 14.  Paragraph (a) of subsection (1) of section
822	938.29, Florida Statutes, is amended to read:
823	938.29  Legal assistance; lien for payment of attorney's
824	fees or costs.--
825	(1)(a)  A defendant determined to be guilty of a criminal
826	act or found to have committed a delinquent act by a court or
827	jury or through a plea of guilty or nolo contendere, regardless
828	of adjudication, and who has received the assistance of the
829	public defender's office, a special assistant public defender,
830	or a court-appointed conflict attorney shall be liable for
831	payment of attorney's fees and costs. The court shall determine
832	the amount of the obligation. Such costs shall include, but not
833	be limited to, the cost of depositions; cost of transcripts of
834	depositions, including the cost of defendant's copy, which
835	transcripts are certified by the defendant's attorney as having
836	served a useful purpose in the disposition of the case;
837	investigative costs; witness fees; the cost of psychiatric
838	examinations; or other reasonable costs specially incurred by
839	the state and the clerk of court for the defense of the
840	defendant in criminal prosecutions. Costs shall not include
841	expenses inherent in providing a constitutionally guaranteed
842	jury trial or expenditures in connection with the maintenance
843	and operation of government agencies that must be made by the
844	public irrespective of specific violations of law. Any costs
845	assessed pursuant to this paragraph shall be reduced by any
846	amount assessed against a defendant pursuant to s. 938.05.
847	Section 15.  Subsections (4) and (5) of section 948.15,
848	Florida Statutes, are renumbered as subsections (5) and (6),
849	respectively, present subsection (3) is renumbered as subsection
850	(4), paragraph (e) of that subsection is amended, and a new
851	subsection (3) is added to that section, to read:
852	948.15  Misdemeanor probation services.--
853	(3)  The entity providing probation services for offenders
854	sentenced by the county court shall establish a process to
855	collect payments for all offender fees, fines, and costs imposed
856	by the court, restitution owed by the misdemeanor probationer,
857	and the cost of supervision. If a payment made by the
858	misdemeanor probationer is not sufficient to cover the total
859	installment required under a payment plan imposed by the court
860	plus any additional payments that are outstanding, the payment
861	made by the misdemeanor probationer shall be allocated
862	proportionally among any fees, fines, and costs imposed by the
863	court, restitution owed by the misdemeanor probationer, and the
864	cost of supervision based upon the percentage that the sum owed
865	for each type of payment comprises of the total owed for all
866	types of payments. The entity providing probation services shall
867	provide any funds collected in accordance with this subsection,
868	within 30 days after collection, to the payee to whom the funds
869	are owed.
870	(4)(3)  Any private entity providing services for the
871	supervision of misdemeanor probationers must contract with the
872	county in which the services are to be rendered. In a county
873	with a population of less than 70,000, the county court judge,
874	or the administrative judge of the county court in a county that
875	has more than one county court judge, must approve the contract.
876	Terms of the contract must state, but are not limited to:
877	(e)  Procedures for handling the collection in accordance
878	with subsection (3) of all payments owed by an offender fees and
879	restitution.
880
881	In addition, the entity shall supply the chief judge's office
882	with a quarterly report summarizing the number of offenders
883	supervised by the private entity, payment of the required
884	contribution under supervision or rehabilitation, and the number
885	of offenders for whom supervision or rehabilitation will be
886	terminated. All records of the entity must be open to inspection
887	upon the request of the county, the court, the Auditor General,
888	the Office of Program Policy Analysis and Government
889	Accountability, or agents thereof.
890	Section 16.  Section 939.185, Florida Statutes, is
891	renumbered as section 938.195, Florida Statutes.
892	Section 17.  Subsection (3) of section 775.083, Florida
893	Statutes, is renumbered as subsection (2) of that section, and
894	present subsection (2) of that section is transferred to section
895	938.065, Florida Statutes, which is created, and amended to
896	read:
897	938.065  County crime prevention programs.--
898	(2)  In addition to the fines set forth in subsection (1),
899	Court costs shall be assessed and collected in each instance a
900	defendant pleads nolo contendere to, or is convicted of, or
901	adjudicated delinquent for, a felony, a misdemeanor, or a
902	criminal traffic offense under state law, or a violation of any
903	municipal or county ordinance if the violation constitutes a
904	misdemeanor under state law. The court costs imposed by this
905	section shall be $50 for a felony and $20 for any other offense
906	and shall be deposited by the clerk of the court into an
907	appropriate county account for disbursement for the purposes
908	provided in this subsection. A county shall account for the
909	funds separately from other county funds as crime prevention
910	funds. The county, in consultation with the sheriff, must expend
911	such funds for crime prevention programs in the county,
912	including safe neighborhood programs under ss. 163.501-163.523.
913	Section 18.  Subsections (1), (2), and (4) of section
914	938.17, Florida Statutes, are amended to read:
915	938.17  County delinquency prevention; juvenile assessment
916	centers and school board suspension programs.--
917	(1)  Prior to the use of costs received pursuant to s.
918	938.195 939.185, the sheriff's office of the county must be a
919	partner in a written agreement with the Department of Juvenile
920	Justice to participate in a juvenile assessment center or with
921	the district school board to participate in a suspension
922	program.
923	(2)  Assessments collected by clerks of the circuit courts
924	comprised of more than one county shall remit the funds
925	collected pursuant to s. 938.195 939.185 to the county in which
926	the offense at issue was committed for deposit and disbursement.
927	(4)  A sheriff's office that receives proceeds pursuant to
928	s. 938.195 939.185 shall account for all funds annually by
929	August 1 in a written report to the juvenile justice county
930	council if funds are used for assessment centers, and to the
931	district school board if funds are used for suspension programs.
932	Section 19.  Subsection (7) of section 938.19, Florida
933	Statutes, is amended to read:
934	938.19  Teen courts.--
935	(7)  A teen court administered in a county that adopts an
936	ordinance to assess court costs under this section may not
937	receive court costs collected under s. 938.195(1)(a)4.
938	939.185(1)(a)4.
939	Section 20.  Paragraph (d) of subsection (6) of section
940	948.08, Florida Statutes, is amended to read:
941	948.08  Pretrial intervention program.--
942	(6)
943	(d)  Any entity, whether public or private, providing a
944	pretrial substance abuse education and treatment intervention
945	program under this subsection must contract with the county or
946	appropriate governmental entity, and the terms of the contract
947	must include, but need not be limited to, the requirements
948	established for private entities under s. 948.15(4)(3).
949	Section 21.  Subsection (3) of section 948.16, Florida
950	Statutes, is amended to read:
951	948.16  Misdemeanor pretrial substance abuse education and
952	treatment intervention program.--
953	(3)  Any public or private entity providing a pretrial
954	substance abuse education and treatment program under this
955	section shall contract with the county or appropriate
956	governmental entity. The terms of the contract shall include,
957	but not be limited to, the requirements established for private
958	entities under s. 948.15(4)(3).
959	Section 22.  Paragraph (d) of subsection (1) of section
960	985.306, Florida Statutes, is amended to read:
961	985.306  Delinquency pretrial intervention program.--
962	(1)
963	(d)  Any entity, whether public or private, providing
964	pretrial substance abuse education, treatment intervention, and
965	a urine monitoring program under this section must contract with
966	the county or appropriate governmental entity, and the terms of
967	the contract must include, but need not be limited to, the
968	requirements established for private entities under s.
969	948.15(4)(3). It is the intent of the Legislature that public or
970	private entities providing substance abuse education and
971	treatment intervention programs involve the active participation
972	of parents, schools, churches, businesses, law enforcement
973	agencies, and the department or its contract providers.
974	Section 23.  This act shall take effect July 1, 2006.

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