HB 7235

CS

CHAMBER ACTION

1	The Fiscal Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to continuing implementation of
7	Constitutional Revision 7 to Article V; amending s. 27.51,
8	F.S.; revising certain criteria for persons to be
9	represented by the public defender without additional
10	compensation; providing an exception to a prohibition
11	against a court appointing the public defender to
12	represent a person who is not indigent; amending s. 27.52,
13	F.S.; providing an age limitation on persons seeking
14	appointment of a public defender based upon an inability
15	to pay; specifying conditions under which an additional
16	affidavit need not be filed; providing requirements for a
17	law enforcement officer or booking officer committing a
18	defendant to custody; providing for liability for fees,
19	costs, and charges of representation in delinquency
20	proceedings; expanding a provision imposing a lien;
21	amending s. 27.561, F.S.; deleting authorization for a
22	court to reduce or revoke attorney's fees or costs under
23	certain circumstances; requiring defendant-recipients or
24	parents defaulting on payment of attorney's fees or costs
25	to enroll in a payment plan under certain circumstances;
26	amending s. 28.24, F.S.; revising amounts and
27	distributions of the additional $4 services charge
28	relating to Comprehensive Case Management System of the
29	Florida Association of Court Clerks and Comptroller, Inc.,
30	court-related technology needs, the Court Technology Trust
31	Fund, court-related technology services, and the judicial
32	circuit technology strategic plan; requiring the
33	association to provide for an annual operational audit;
34	providing audit requirements; requiring submission of an
35	audit report to certain entities; authorizing the Joint
36	Legislative Auditing Committee to require the Auditor
37	General or other entity to conduct the audit; providing a
38	contingency for receipt of certain funds upon a memorandum
39	of agreement relating to ownership of the Comprehensive
40	Case Information System; providing for transfer of the
41	system to the state under certain circumstances; providing
42	criteria, requirements, and procedures relating to such
43	transfer; amending s. 28.35, F.S.; providing additional
44	duties of the Florida Clerks of Court Operations
45	Corporation; providing requirements for the corporation
46	and clerks of court relating to certain budget amendments;
47	amending s. 28.36, F.S.; correcting cross-references;
48	providing expenditure requirements for certain budgets;
49	providing expenditure recording and reporting requirements
50	for clerks; amending s. 29.008, F.S.; specifying
51	methodology, criteria, and procedures for determining
52	noncompliance of counties in funding court-related
53	functions; providing duties of a chief judge, the board of
54	county commissioners, the Executive Office of the
55	Governor, and the Administration Commission; revising
56	provisions for withholding certain revenue sharing
57	receipts by the Department of Revenue; providing
58	definitions; providing requirements and procedures for the
59	Department of Revenue relating to withholding of certain
60	funds to certain counties for certain fiscal years;
61	amending s. 29.0081, F.S.; specifying additional
62	provisions of an agreement for county funding of judicial
63	circuit personnel positions; amending s. 29.0086, F.S.;
64	providing an additional reporting requirement of the
65	Article V Technology Board; providing for future repeal of
66	the Article V Technology Board; creating s. 29.0087, F.S.;
67	establishing in each judicial circuit a Judicial Circuit
68	Article V Technology Advisory Council; providing for
69	membership; providing for terms; providing for serving
70	without compensation; providing for per diem and travel
71	expenses; providing for staff for the councils; providing
72	for meetings; providing duties; amending s. 44.103, F.S.;
73	providing additional requirements and procedures for
74	court-ordered nonbinding arbitration proceedings;
75	authorizing courts to assess certain costs against parties
76	requesting de novo trials after arbitration; providing
77	cost assessment criteria; providing a definition; amending
78	s. 218.245, F.S.; revising apportionment criteria for
79	revenue sharing distributions for certain local
80	governments; amending s. 318.18, F.S.; revising reporting
81	requirements for infraction or violation surcharge funds
82	used to finance court facilities; amending s. 903.286,
83	F.S.; requiring notice of the authority of the clerk of
84	court to withhold funds from return of certain cash bonds
85	for unpaid court fees, court costs, and criminal
86	penalties; prohibiting the clerk of court from withholding
87	certain unpaid court fees, costs, and criminal penalties
88	from certain cash bonds; amending s. 938.27, F.S.;
89	requiring convicted persons or parents of adjudicated
90	juveniles to enroll in certain prosecution cost-payment
91	plans; deleting certain cost-payment criteria; amending s.
92	938.29, F.S.; revising certain provisions for liability
93	for payment of attorney's fees and costs; amending s.
94	948.15, F.S.; requiring misdemeanor probation service
95	providers to establish a process for collecting certain
96	payments; providing for allocating certain payments among
97	outstanding obligations; renumbering s. 939.185, F.S., as
98	s. 938.195, F.S.; creating s. 938.065, F.S., by
99	transferring and amending s. 775.083(2), F.S.; providing
100	for financing county crime prevention programs from
101	certain court costs; amending s. 985.203, F.S.; revising
102	provisions providing for a child's right to counsel;
103	amending ss. 938.17, 938.19, 948.08, 948.16, and 985.306,
104	F.S.; correcting cross-references; providing an effective
105	date.
106
107	Be It Enacted by the Legislature of the State of Florida:
108
109	Section 1.  Paragraph (c) of subsection (1) and subsection
110	(2) of section 27.51, Florida Statutes, are amended to read:
111	27.51  Duties of public defender.--
112	(1)  The public defender shall represent, without
113	additional compensation, any person determined to be indigent
114	under s. 27.52 and:
115	(c)  Who is a child taken into custody for a felony or
116	misdemeanor or for criminal contempt or is facing delinquency
117	proceedings under chapter 985 Alleged to be a delinquent child
118	pursuant to a petition filed before a circuit court;
119	(2)  Except as provided in 985.203, the court may not
120	appoint the public defender to represent, even on a temporary
121	basis, any person who is not indigent. The court, however, may
122	appoint private counsel in capital cases as provided in ss.
123	27.40 and 27.5303.
124	Section 2.  Subsection (1), paragraph (a) of subsection
125	(2), and subsection (6) of section 27.52, Florida Statutes, are
126	amended to read:
127	27.52  Determination of indigent status.--
128	(1)  APPLICATION TO THE CLERK.--A person 18 years of age or
129	older seeking appointment of a public defender under s. 27.51
130	based upon an inability to pay must apply to the clerk of the
131	court for a determination of indigent status using an
132	application form developed by the Florida Clerks of Court
133	Operations Corporation with final approval by the Supreme Court.
134	An additional affidavit need not be filed if appointment is
135	being sought under s. 27.51(1)(f) and the public defender or
136	private court-appointed counsel had already been appointed for a
137	matter arising under s. 27.51(1)(a)-(e). No affidavit of
138	indigency shall be required of a minor.
139	(a)  The application must include, at a minimum, the
140	following financial information:
141	1.  Net income, consisting of total salary and wages, minus
142	deductions required by law, including court-ordered support
143	payments.
144	2.  Other income, including, but not limited to, social
145	security benefits, union funds, veterans' benefits, workers'
146	compensation, other regular support from absent family members,
147	public or private employee pensions, unemployment compensation,
148	dividends, interest, rent, trusts, and gifts.
149	3.  Assets, including, but not limited to, cash, savings
150	accounts, bank accounts, stocks, bonds, certificates of deposit,
151	equity in real estate, and equity in a boat or a motor vehicle
152	or in other tangible property.
153	4.  All liabilities and debts.
154	5.  If applicable, the amount of any bail paid for the
155	applicant's release from incarceration and the source of the
156	funds.
157
158	The application must include a signature by the applicant which
159	attests to the truthfulness of the information provided. The
160	application form developed by the corporation must include
161	notice that the applicant may seek court review of a clerk's
162	determination that the applicant is not indigent, as provided in
163	this section.
164	(b)  An applicant shall pay a $40 application fee to the
165	clerk for each application for court-appointed counsel filed.
166	The applicant shall pay the fee within 7 days after submitting
167	the application. If the applicant does not pay the fee prior to
168	the disposition of the case, the clerk shall notify the court,
169	and the court shall:
170	1.  Assess the application fee as part of the sentence or
171	as a condition of probation; or
172	2.  Assess the application fee pursuant to s. 938.29.
173	(c)  Notwithstanding any provision of law, court rule, or
174	administrative order, the clerk shall assign the first $40 of
175	any fees or costs paid by an indigent person as payment of the
176	application fee. A person found to be indigent may not be
177	refused counsel or other required due process services for
178	failure to pay the fee.
179	(d)  All application fees collected by the clerk under this
180	section shall be transferred monthly by the clerk to the
181	Department of Revenue for deposit in the Indigent Criminal
182	Defense Trust Fund administered by the Justice Administrative
183	Commission, to be used to as appropriated by the Legislature.
184	The clerk may retain 2 percent of application fees collected
185	monthly for administrative costs prior to remitting the
186	remainder to the Department of Revenue.
187	(e)1.  The clerk shall assist a person who appears before
188	the clerk and requests assistance in completing the application,
189	and the clerk shall notify the court if a person is unable to
190	complete the application after the clerk has provided
191	assistance.
192	2.  The law enforcement officer or booking officer who
193	commits a defendant to custody shall immediately advise the
194	defendant of the right to counsel. If the defendant requests
195	counsel or advises the officer that he or she cannot afford
196	counsel, the officer shall immediately and effectively place the
197	defendant in communication with the Office of the Public
198	Defender of the circuit in which the arrest is made or the
199	booking takes place. If the person seeking appointment of a
200	public defender is incarcerated, the public defender is
201	responsible for providing the application to the person and
202	assisting him or her in its completion and is responsible for
203	submitting the application to the clerk on the person's behalf.
204	The public defender may enter into an agreement for jail
205	employees, pretrial services employees, or employees of other
206	criminal justice agencies to assist the public defender in
207	performing functions assigned to the public defender under this
208	subparagraph.
209	(2)  DETERMINATION BY THE CLERK.--The clerk of the court
210	shall determine whether an applicant seeking appointment of a
211	public defender is indigent based upon the information provided
212	in the application and the criteria prescribed in this
213	subsection.
214	(a)1.  An applicant, including an applicant who is a minor
215	or an adult tax-dependent person, is indigent if the applicant's
216	income is equal to or below 200 percent of the then-current
217	federal poverty guidelines prescribed for the size of the
218	household of the applicant by the United States Department of
219	Health and Human Services or if the person is receiving
220	Temporary Assistance for Needy Families-Cash Assistance,
221	poverty-related veterans' benefits, or Supplemental Security
222	Income (SSI).
223	2.  There is a presumption that the applicant is not
224	indigent if the applicant owns, or has equity in, any intangible
225	or tangible personal property or real property or the expectancy
226	of an interest in any such property having a net equity value of
227	$2,500 or more, excluding the value of the person's homestead
228	and one vehicle having a net value not exceeding $5,000.
229	(6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
230	parent or legal guardian of an applicant who is a minor or an
231	adult tax-dependent person shall furnish the minor or adult tax-
232	dependent person with the necessary legal services and costs
233	incident to a delinquency proceeding or, upon transfer of such
234	person for criminal prosecution as an adult pursuant to chapter
235	985, a criminal prosecution in which the person has a right to
236	legal counsel under the Constitution of the United States or the
237	Constitution of the State of Florida. The failure of a parent or
238	legal guardian to furnish legal services and costs under this
239	section does not bar the appointment of legal counsel pursuant
240	to this section, s. 27.40, or s. 27.5303. When the public
241	defender, a private court-appointed conflict counsel, or a
242	private attorney is appointed to represent a minor or an adult
243	tax-dependent person in any proceeding in circuit court or in a
244	criminal or delinquency proceeding in any other court, the
245	parents or the legal guardian shall be liable for payment of the
246	fees, charges, and costs of the representation even if the
247	person is a minor being tried as an adult. Liability for the
248	fees, charges, and costs of the representation shall be imposed
249	in the form of a lien against the property of the nonindigent
250	parents or legal guardian of the minor or adult tax-dependent
251	person. The lien is enforceable as provided in s. 27.561 or s.
252	938.29.
253	Section 3.  Subsection (3) of section 27.561, Florida
254	Statutes, is amended to read:
255	27.561  Effect of nonpayment.--
256	(3)  If it appears to the satisfaction of the court that
257	the default in the payment of the attorney's fees or costs is
258	not contempt, the court may enter an order allowing the
259	defendant-recipient or parent additional time for, or reducing
260	the amount of, payment or revoking the assessed attorney's fees
261	or costs, or the unpaid portion thereof, in whole or in part. If
262	the court allows additional time for payment, the defendant-
263	recipient or parent shall be enrolled in a payment plan pursuant
264	to s. 28.246(4).
265	Section 4.  Paragraph (e) of subsection (12) of section
266	28.24, Florida Statutes, is amended to read:
267	28.24  Service charges by clerk of the circuit court.--The
268	clerk of the circuit court shall charge for services rendered by
269	the clerk's office in recording documents and instruments and in
270	performing the duties enumerated in amounts not to exceed those
271	specified in this section. Notwithstanding any other provision
272	of this section, the clerk of the circuit court shall provide
273	without charge to the state attorney, public defender, guardian
274	ad litem, public guardian, attorney ad litem, and court-
275	appointed counsel paid by the state, and to the authorized staff
276	acting on behalf of each, access to and a copy of any public
277	record, if the requesting party is entitled by law to view the
278	exempt or confidential record, as maintained by and in the
279	custody of the clerk of the circuit court as provided in general
280	law and the Florida Rules of Judicial Administration. The clerk
281	of the circuit court may provide the requested public record in
282	an electronic format in lieu of a paper format when capable of
283	being accessed by the requesting entity.
284
285	Charges
286
287	(12)  For recording, indexing, and filing any instrument
288	not more than 14 inches by 81/2 inches, including required
289	notice to property appraiser where applicable:
290	(e)  An additional service charge of $4 per page shall be
291	paid to the clerk of the circuit court for each instrument
292	listed in s. 28.222, except judgments received from the courts
293	and notices of lis pendens, recorded in the official records.
294	From the additional $4 service charge collected:
295	1.a.  If the counties maintain legal responsibility for the
296	costs of the court-related technology needs as defined in s.
297	29.008(1)(f)2. and (h):
298	(I)  Five, 10 cents shall be distributed to the Florida
299	Association of Court Clerks and Comptroller, Inc., for the cost
300	of development, implementation, operation, and maintenance of
301	the clerks' Comprehensive Case Information System, in which
302	system all clerks shall participate on or before January 1,
303	2006. The Florida Association of Court Clerks and Comptroller,
304	Inc., shall provide for an annual operational audit, as defined
305	in s. 11.45(1)(g), of its financial accounts and records
306	relating to the Comprehensive Case Information System fees by an
307	independent certified public accountant. Such audit shall be
308	performed in accordance with Government Auditing Standards as
309	adopted by the State Board of Accountancy and include a
310	determination as to whether the fees distributed to the Florida
311	Association of Court Clerks and Comptroller, Inc., were expended
312	solely for the purposes stated in this sub-sub-subparagraph. The
313	annual audit report shall be submitted within 90 days after the
314	end of the association's fiscal year to the Governor's Office,
315	the appropriations committees of the Senate and the House of
316	Representatives, and the Auditor General for review. However, at
317	its discretion, the Joint Legislative Auditing Committee may
318	require the Auditor General or other entity to conduct the
319	audit;
320	(II)  One dollar and ninety cents; $1.90 shall be retained
321	by the clerk to be deposited in the Public Records Modernization
322	Trust Fund and used exclusively for funding court-related
323	technology needs of the clerk as defined in s. 29.008(1)(f)2.
324	and (h);
325	(III)  Prior to April 1, 2007, and $2 shall be distributed
326	to the board of county commissioners to be used exclusively to
327	fund court-related technology, and court technology needs as
328	defined in s. 29.008(1)(f)2. and (h) for the state trial courts,
329	state attorney, and public defender in that county, and five
330	cents shall be distributed to the Court Technology Trust Fund to
331	provide oversight of court-related technology services provided
332	by the counties; and
333	(IV)  Effective April 1, 2007, $2.05 shall be distributed
334	to the Court Technology Trust Fund to be used to prepare the
335	judicial circuit technology strategic plan required by s.
336	29.0087, provide oversight of court-related technology services
337	provided by the counties, and be disbursed to counties as state
338	financial assistance to assist the counties with the costs of
339	providing court-related technology and court technology needs as
340	defined in s. 29.008(1)(f)2. and (h) for the state trial courts,
341	state attorney, and public defender in that county. Counties
342	shall agree to use funds in conformance with the judicial
343	circuit technology strategic plan required by s. 29.0087 as
344	approved by the chief judge in order to be eligible for state
345	financial assistance from the Court Technology Trust Fund. The
346	amount provided to each county from the Court Technology Trust
347	Fund shall be equal to each county's percentage of total
348	collections of the additional recording fee required by this
349	section applied to the total amount available to be distributed
350	to counties. If a county is not eligible to receive funds from
351	the Court Technology Trust Fund, the funds that would have
352	otherwise been distributed to the county shall remain in the
353	Court Technology Trust Fund to be used as appropriated by the
354	Legislature.
355	b.  If the counties maintain legal responsibility for the
356	costs of the court-related technology needs as defined in s.
357	29.008(1)(f)2. and (h), notwithstanding any other provision of
358	law, the county is not required to provide additional funding
359	beyond that provided herein for the court-related technology
360	needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
361	court records and official records are the property of the State
362	of Florida, including any records generated as part of the
363	Comprehensive Case Information System funded pursuant to this
364	paragraph and the clerk of court is designated as the custodian
365	of such records, except in a county where the duty of
366	maintaining official records exists in a county office other
367	than the clerk of court or comptroller, such county office is
368	designated the custodian of all official records, and the clerk
369	of court is designated the custodian of all court records. The
370	clerk of court or any entity acting on behalf of the clerk of
371	court, including an association, shall not charge a fee to any
372	agency as defined in s. 119.011, the Legislature, or the State
373	Court System for copies of records generated by the
374	Comprehensive Case Information System or held by the clerk of
375	court or any entity acting on behalf of the clerk of court,
376	including an association. In order to protect the financial
377	investment made by the state in the Comprehensive Case
378	Information System, the receipt of the funding provided pursuant
379	to sub-sub-subparagraph a.(I) to the Florida Association of
380	Court Clerks and Comptroller, Inc., for the Comprehensive Case
381	Information System shall be contingent on the Florida
382	Association of Court Clerks and Comptroller, Inc., entering into
383	a memorandum of agreement with the state providing that
384	ownership of the Comprehensive Case Information System,
385	including all associated hardware, source code, executable
386	software, and data or databases stored by the Comprehensive Case
387	Information System, shall be transferred to the state if the
388	Florida Association of Court Clerks and Comptroller, Inc., is
389	dissolved, decides to discontinue providing the Comprehensive
390	Case Information System, or otherwise fails to maintain,
391	support, and provide the Comprehensive Case Information System
392	in accordance with the requirements of this section. Upon
393	entering into such memorandum of agreement, a copy of the
394	current version of the Comprehensive Case Information System
395	source code, executable software, data or databases stored by
396	the Comprehensive Case Information System, and documentation
397	shall be placed in escrow with the state named as beneficiary.
398	Upon the deployment of a new major release, or at least annually
399	if there is no new major release, the most current Comprehensive
400	Case Information System source code, executable software, data
401	or databases stored by the Comprehensive Case Information
402	System, and documentation shall be placed in escrow. This
403	Comprehensive Case Information System source code, executable
404	software, data or databases stored by the Comprehensive Case
405	Information System, and documentation shall be reviewed no less
406	than once a year and jointly by representatives of the state and
407	the Florida Association of Court Clerks and Comptroller, Inc.,
408	to ensure currency and completeness. Upon any transfer of
409	ownership of the Comprehensive Case Information System to the
410	state, all rights to intellectual property owned by the Florida
411	Association of Court Clerks and Comptroller, Inc., relating to
412	the Comprehensive Case Information System shall transfer to the
413	state.
414	2.  If the state becomes legally responsible for the costs
415	of court-related technology needs as defined in s.
416	29.008(1)(f)2. and (h), whether by operation of general law or
417	by court order, $4 shall be remitted to the Department of
418	Revenue for deposit into the General Revenue Fund.
419	Section 5.  Paragraphs (h) and (i) are added to subsection
420	(2) of section 28.35, Florida Statutes, paragraph (e) of that
421	subsection is amended, subsections (4) through (7) of that
422	section are renumbered as subsections (5) through (8),
423	respectively, and a new subsection (4) is added to that section,
424	to read:
425	28.35  Florida Clerks of Court Operations Corporation.--
426	(2)  The duties of the corporation shall include the
427	following:
428	(e)  Developing and certifying a uniform system of
429	performance measures and applicable performance standards for
430	the functions specified in paragraph (5)(4)(a) and clerk
431	performance in meeting the performance standards. These measures
432	and standards shall be designed to facilitate an objective
433	determination of the performance of each clerk in accordance
434	with minimum standards for fiscal management, operational
435	efficiency, and effective collection of fines, fees, service
436	charges, and court costs. When the corporation finds a clerk has
437	not met the performance standards, the corporation shall
438	identify the nature of each deficiency and any corrective action
439	recommended and taken by the affected clerk of the court.
440	(h)  Receiving reports from each clerk of court in a format
441	specified by the corporation that allows reconciliation of the
442	expenses of a clerk to the clerk's certified budget.
443	(i)  Providing information regarding the budgets and
444	expenditures of clerks and any other fiscal data related to the
445	corporation and performance of court-related clerk duties upon
446	request by a committee of the Legislature, the Governor, or the
447	Office of the State Courts Administrator. The contract between
448	the corporation and the Department of Financial Services shall
449	provide that the failure of the corporation to comply with this
450	paragraph shall result in the withholding by the department of
451	not less than 5 percent of the total funding provided to the
452	corporation pursuant to the terms of the contract. Clerks of
453	court shall provide any information requested by the corporation
454	in accordance with this paragraph.
455	(4)  The corporation shall provide notice to the
456	appropriations committees of the Senate and the House of
457	Representatives of any change to a certified budget within 20
458	days after such change. Clerks of court shall provide
459	information to the corporation regarding any change to a
460	certified budget within 10 days after such change.
461	Section 6.  Subsections (1) through (5) of section 28.36,
462	Florida Statutes, are amended, and subsection (8) is added to
463	that section, to read:
464	28.36  Budget procedure.--There is hereby established a
465	budget procedure for the court-related functions of the clerks
466	of the court.
467	(1)  Only those functions on the standard list developed
468	pursuant to s. 28.35(5)(4)(a) may be funded from fees, service
469	charges, court costs, and fines retained by the clerks of the
470	court. No clerk may use fees, service charges, court costs, and
471	fines in excess of the maximum budget amounts as established in
472	subsection (5).
473	(2)  For the period July 1, 2004, through September 30,
474	2004, and for each county fiscal year ending September 30
475	thereafter, each clerk of the court shall prepare a budget
476	relating solely to the performance of the standard list of
477	court-related functions pursuant to s. 28.35(5)(4)(a).
478	(3)  Each proposed budget shall further conform to the
479	following requirements:
480	(a)  On or before August 15 for each fiscal year
481	thereafter, the proposed budget shall be prepared, summarized,
482	and submitted by the clerk in each county to the Clerks of Court
483	Operations Corporation in the manner and form prescribed by the
484	corporation. The proposed budget must provide detailed
485	information on the anticipated revenues available and
486	expenditures necessary for the performance of the standard list
487	of court-related functions of the clerk's office developed
488	pursuant to s. 28.35(5)(4)(a) for the county fiscal year
489	beginning the following October 1.
490	(b)  The proposed budget must be balanced, such that the
491	total of the estimated revenues available equals must equal or
492	exceeds exceed the total of the anticipated expenditures. These
493	revenues include the following: cash balances brought forward
494	from the prior fiscal period; revenue projected to be received
495	from fees, service charges, court costs, and fines for court-
496	related functions during the fiscal period covered by the
497	budget; and supplemental revenue that may be requested pursuant
498	to subsection (4). Both proposed and certified budgets shall
499	clearly identify expenditures by object and subobject
500	classifications as specified in the uniform accounting system
501	chart of accounts adopted by the Department of Financial
502	Services in accordance with s. 218.33 and the number of full-
503	time equivalent positions. A budget shall specifically list any
504	nonrecurring expenditures, including, but not limited to,
505	employee bonuses and equipment purchases. The budget shall also
506	specify details of any general changes to salaries and benefits,
507	such as cost-of-living increases in salaries and improvements in
508	benefits. The anticipated expenditures must be itemized as
509	required by the corporation, pursuant to contract with the Chief
510	Financial Officer.
511	(c)  The proposed budget may include a contingency reserve
512	not to exceed 10 percent of the total budget, provided that,
513	overall, the proposed budget does not exceed the limits
514	prescribed in subsection (5).
515	(4)  If a clerk of the court estimates that available funds
516	plus projected revenues from fines, fees, service charges, and
517	costs for court-related services are insufficient to meet the
518	anticipated expenditures for the standard list of court-related
519	functions in s. 28.35(5)(4)(a) performed by his or her office,
520	the clerk must report the revenue deficit to the Clerks of Court
521	Operations Corporation in the manner and form prescribed by the
522	corporation pursuant to contract with the Chief Financial
523	Officer. The corporation shall verify that the proposed budget
524	is limited to the standard list of court-related functions in s.
525	28.35(5)(4)(a).
526	(a)  If the corporation verifies that the proposed budget
527	is limited to the standard list of court-related functions in s.
528	28.35(5)(4)(a) and a revenue deficit is projected, a clerk
529	seeking to retain revenues pursuant to this subsection shall
530	increase all fees, service charges, and any other court-related
531	clerk fees and charges to the maximum amounts specified by law
532	or the amount necessary to resolve the deficit, whichever is
533	less. If, after increasing fees, service charges, and any other
534	court-related clerk fees and charges to the maximum amounts
535	specified by law, a revenue deficit is still projected, the
536	corporation shall, pursuant to the terms of the contract with
537	the Chief Financial Officer, certify a revenue deficit and
538	notify the Department of Revenue that the clerk is authorized to
539	retain revenues, in an amount necessary to fully fund the
540	projected revenue deficit, which he or she would otherwise be
541	required to remit to the Department of Revenue for deposit into
542	the Department of Revenue Clerks of the Court Trust Fund
543	pursuant to s. 28.37. If a revenue deficit is projected for that
544	clerk after retaining all of the projected collections from the
545	court-related fines, fees, service charges, and costs, the
546	Department of Revenue shall certify the amount of the revenue
547	deficit amount to the Executive Office of the Governor and
548	request release authority for funds appropriated for this
549	purpose from the Department of Revenue Clerks of the Court Trust
550	Fund. Notwithstanding provisions of s. 216.192 related to the
551	release of funds, the Executive Office of the Governor may
552	approve the release of funds appropriated to resolve projected
553	revenue deficits in accordance with the notice, review, and
554	objection procedures set forth in s. 216.177 and shall provide
555	notice to the Chief Financial Officer. The Department of Revenue
556	is directed to request monthly distributions from the Chief
557	Financial Officer in equal amounts to each clerk certified to
558	have a revenue deficit, in accordance with the releases approved
559	by the Governor.
560	(b)  If the Chief Financial Officer finds the court-related
561	budget proposed by a clerk includes functions not included in
562	the standard list of court-related functions in s.
563	28.35(5)(4)(a), the Chief Financial Officer shall notify the
564	clerk of the amount of the proposed budget not eligible to be
565	funded from fees, service charges, costs, and fines for court-
566	related functions and shall identify appropriate corrective
567	measures to ensure budget integrity. The clerk shall then
568	immediately discontinue all ineligible expenditures of court-
569	related funds for this purpose and reimburse the Clerks of the
570	Court Trust Fund for any previously ineligible expenditures made
571	for non-court-related functions, and shall implement any
572	corrective actions identified by the Chief Financial Officer.
573	(5)(a)  For the county fiscal year October 1, 2004, through
574	September 30, 2005, the maximum annual budget amount for the
575	standard list of court-related functions of the clerks of court
576	in s. 28.35(5)(4)(a) that may be funded from fees, service
577	charges, court costs, and fines retained by the clerks of the
578	court shall not exceed:
579	1.  One hundred and three percent of the clerk's estimated
580	expenditures for the prior county fiscal year; or
581	2.  One hundred and five percent of the clerk's estimated
582	expenditures for the prior county fiscal year for those clerks
583	in counties that for calendar years 1998-2002 experienced an
584	average annual increase of at least 5 percent in both population
585	and case filings for all case types as reported through the
586	Summary Reporting System used by the state courts system.
587	(b)  For the county fiscal year 2005-2006, the maximum
588	budget amount for the standard list of court-related functions
589	of the clerks of court in s. 28.35(5)(4)(a) that may be funded
590	from fees, service charges, court costs, and fines retained by
591	the clerks of the court shall be the approved budget for county
592	fiscal year 2004-2005 adjusted by the projected percentage
593	change in revenue between the county fiscal years 2004-2005 and
594	2005-2006.
595	(c)  For the county fiscal years 2006-2007 and thereafter,
596	the maximum budget amount for the standard list of court-related
597	functions of the clerks of court in s. 28.35(5)(4)(a) that may
598	be funded from fees, service charges, court costs, and fines
599	retained by the clerks of the court shall be established by
600	first rebasing the prior fiscal year budget to reflect the
601	actual percentage change in the prior fiscal year revenue and
602	then adjusting the rebased prior fiscal year budget by the
603	projected percentage change in revenue for the proposed budget
604	year. The rebasing calculations and maximum annual budget
605	calculations shall be as follows:
606	1.  For county fiscal year 2006-2007, the approved budget
607	for county fiscal year 2004-2005 shall be adjusted for the
608	actual percentage change in revenue between the two 12-month
609	periods ending June 30, 2005, and June 30, 2006. This result is
610	the rebased budget for the county fiscal year 2005-2006. Then
611	the rebased budget for the county fiscal year 2005-2006 shall be
612	adjusted by the projected percentage change in revenue between
613	the county fiscal years 2005-2006 and 2006-2007. This result
614	shall be the maximum annual budget amount for the standard list
615	of court-related functions of the clerks of court in s.
616	28.35(5)(4)(a) that may be funded from fees, service charges,
617	court costs, and fines retained by the clerks of the court for
618	each clerk for the county fiscal year 2006-2007.
619	2.  For county fiscal year 2007-2008, the rebased budget
620	for county fiscal year 2005-2006 shall be adjusted for the
621	actual percentage change in revenue between the two 12-month
622	periods ending June 30, 2006, and June 30, 2007. This result is
623	the rebased budget for the county fiscal year 2006-2007. The
624	rebased budget for county fiscal year 2006-2007 shall be
625	adjusted by the projected percentage change in revenue between
626	the county fiscal years 2006-2007 and 2007-2008. This result
627	shall be the maximum annual budget amount for the standard list
628	of court-related functions of the clerks of court in s.
629	28.35(5)(4)(a) that may be funded from fees, service charges,
630	court costs, and fines retained by the clerks of the court for
631	county fiscal year 2007-2008.
632	3.  For county fiscal years 2008-2009 and thereafter, the
633	maximum budget amount for the standard list of court-related
634	functions of the clerks of court in s. 28.35(5)(4)(a) that may
635	be funded from fees, service charges, court costs, and fines
636	retained by the clerks of the court shall be calculated as the
637	rebased budget for the prior county fiscal year adjusted by the
638	projected percentage change in revenues between the prior county
639	fiscal year and the county fiscal year for which the maximum
640	budget amount is being authorized. The rebased budget for the
641	prior county fiscal year shall always be calculated by adjusting
642	the rebased budget for the year preceding the prior county
643	fiscal year by the actual percentage change in revenues between
644	the 12-month period ending June 30 of the year preceding the
645	prior county fiscal year and the 12-month period ending June 30
646	of the prior county fiscal year.
647	(8)  Each clerk shall record and report actual expenditures
648	in a format specified by the Clerks of Court Operations
649	Corporation that allows reconciliation to the clerk's budget as
650	certified by the corporation. The clerk shall submit reports of
651	such expenditures to the corporation upon request but at least
652	quarterly.
653	Section 7.  Subsection (4) of section 29.008, Florida
654	Statutes, is amended, and subsection (5) is added to that
655	section, to read:
656	29.008  County funding of court-related functions.--
657	(4)(a)1.  A county may be determined by the Administration
658	Commission not to be in compliance with its responsibility to
659	fund court-related functions and to be subject to withholding of
660	funds by the Department of Revenue if:
661	a.  The total amount budgeted or expended by the county for
662	any item specified in paragraph (1)(c) or (d) or subsection (3)
663	in the upcoming, current, or previous county fiscal year, as
664	appropriate, or the total amount budgeted or expended for any
665	item specified in paragraph (1)(a), (e), (f), (g), or (h) minus
666	nonrecurring expenditures for that same item by the county in
667	the upcoming, current, or previous county fiscal year, as
668	appropriate, is less than the base year spending, plus 1.5
669	percent growth per year. Base year spending shall be determined
670	as follows:
671	(I)  For each item specified in paragraph (1)(c) or (d) or
672	subsection (3), the base year spending shall be the total amount
673	spent for that item in county fiscal year 2002-2003.
674	(II)  For each item specified in paragraph (1)(a), (e),
675	(f), (g), or (h), the base year spending shall be the total
676	amount spent for that item in county fiscal year 2002-2003 minus
677	nonrecurring expenditures for that item in county fiscal year
678	2002-2003.
679	b.  The chief judge certifies that deficiencies do or will
680	exist in the functioning of the circuit court due to the lack of
681	sufficient budget or expenditures for that item.
682	2.  The process for determining whether a county is not in
683	compliance with its funding responsibilities shall be as
684	follows:
685	a.  The chief judge shall identify in writing the specific
686	deficiencies the chief judge certifies will be experienced or
687	have been experienced by the circuit court associated with the
688	county's lack of sufficient funding for that item, the
689	recommended corrections, and an estimate of the funding required
690	for such corrections and shall furnish this statement to the
691	board of county commissioners.
692	b.  The board shall provide a response in writing to the
693	chief judge. If the board chooses not to amend its budget or
694	make expenditures to provide funding sufficient to equal or
695	exceed the funding for the item in the base year plus 1.5
696	percent growth per year or remedy the specific deficiencies
697	identified by the chief judge, whichever is less, within 30 days
698	after receiving written notice of such action by the board, the
699	chief judge may notify the Administration Commission of the
700	alleged deficiency and explain the expected impact on the
701	ability of the court to perform the court's constitutional and
702	statutory functions. The notice shall set forth, in the form and
703	manner prescribed by the Executive Office of the Governor and
704	approved by the Administration Commission, the specific
705	deficiencies, an estimate of the funding required to resolve the
706	deficiencies, expenditures made by the county in the base year
707	for the items, and the amount budgeted or amount expended for
708	the items. The notice shall be provided to the Executive Office
709	of the Governor and the board. The board shall have 5 days from
710	receipt of the notice to provide to the Executive Office of the
711	Governor a reply to the notice, and the board shall provide a
712	copy of such reply to the chief judge.
713	c.  Upon receipt of the notice, the Executive Office of the
714	Governor shall provide for a budget hearing at which the matters
715	presented in the notice and the reply shall be considered. A
716	report of the findings and recommendations of the Executive
717	Office of the Governor on such matters shall be promptly
718	submitted to the Administration Commission, which, within 30
719	days, shall approve the action of the board as to each separate
720	item or direct the Department of Revenue to withhold revenue
721	sharing funds as provided in paragraph (c) in an amount
722	determined by the Administration Commission to be sufficient to
723	remedy the deficiency; however, in no case shall the amount
724	withheld, when combined with the amount budgeted or expended, as
725	appropriate, be greater than the minimum required to be budgeted
726	or expended by a county under subparagraph 1. to avoid being
727	determined not to be in compliance with its responsibilities to
728	fund court-related functions. The determination of the
729	Administration Commission shall be final and shall be provided
730	in writing to the chief judge, the board, and the Department of
731	Revenue.
732	(b)  A county may be determined by the Administration
733	Commission not to be in compliance with its funding
734	responsibilities pursuant to the receipt of funds under s.
735	28.24(12)(e)1.a.(IV) and to be subject to withholding of funds
736	by the Department of Revenue. The process for determining
737	whether a county is not in compliance with its funding
738	responsibilities shall be as follows:
739	1.  The chief judge shall certify in writing that the
740	county has not complied with its responsibilities pursuant to
741	the receipt of funds under s. 28.24(12)(e)1.a.(IV) and identify
742	the recommended corrections and shall furnish this statement to
743	the board of county commissioners.
744	2.  The board shall provide a response in writing to the
745	chief judge. If the board chooses not to make expenditures to
746	comply with its funding responsibilities under s.
747	28.24(12)(e)1.a.(IV), within 30 days after receiving written
748	notice of such action by the board, the chief judge may notify
749	the Administration Commission of the alleged lack of compliance.
750	The notice shall set forth, in the form and manner prescribed by
751	the Executive Office of the Governor and approved by the
752	Administration Commission, the specific actions taken by the
753	board that are not in compliance with the funding
754	responsibilities under s. 28.24(12)(e)1.a.(IV), the recommended
755	corrections, and the total funding received by the county
756	pursuant to s. 28.24(12)(e)1.a.(IV) for the fiscal year
757	addressed by the judicial circuit technology strategic plan. The
758	notice shall be provided to the Executive Office of the Governor
759	and the board. The board shall have 5 days from receipt of the
760	notice to provide to the Executive Office of the Governor a
761	reply to the notice, and the board shall provide a copy of such
762	reply to the chief judge.
763	3.  Upon receipt of the notice, the Executive Office of the
764	Governor shall provide for a budget hearing at which the matters
765	presented in the notice and the reply shall be considered. A
766	report of the findings and recommendations of the Executive
767	Office of the Governor on such matters shall be promptly
768	submitted to the Administration Commission, which, within 30
769	days, shall approve the action of the board or direct the
770	Department of Revenue to withhold revenue sharing funds as
771	provided in paragraph (c) in an amount determined by the
772	Administration Commission to compensate for the county's lack of
773	compliance with its funding responsibilities pursuant to s.
774	28.24(12)(e)1.a.(IV). The determination of the Administration
775	Commission shall be final and shall be provided in writing to
776	the chief judge, the board, and the Department of Revenue.
777	(c)1.  If the Administration Commission determines that the
778	board shall provide additional funding to fulfill its
779	responsibilities under paragraphs (a) and (b), the commission
780	shall direct Except for revenues used for the payment of
781	principal or interest on bonds, tax anticipation certificates,
782	or any other form of indebtedness as allowed under s.
783	218.25(1),(2) or (4), the Department of Revenue to shall
784	withhold revenue sharing receipts distributed pursuant to part
785	II of chapter 218, except for revenues used for the payment of
786	principal or interest on bonds, tax anticipation certificates,
787	or any other form of indebtedness as allowed under s. 218.25(1),
788	(2), or (4), from that any county determined to be not in
789	compliance as provided in this subsection with the county
790	funding obligations for items specified in paragraphs (1)(a),
791	(c), (d), (e), (f), (g), and (h) and subsection (3). The
792	department shall withhold an amount equal to the difference
793	between the amount spent by the county for the particular item
794	in county fiscal year 2002-2003, the base year, plus 3 percent,
795	and the amount budgeted by the county for these obligations in
796	county fiscal year 2004-2005, if the latter is less than the
797	former. Every year thereafter, the department shall withhold
798	such an amount if the amount budgeted in that year is less than
799	the base year plus 1.5 percent growth per year. On or before
800	December 31, 2004, counties shall send to the department a
801	certified copy of their budget documents for the respective 2
802	years, separately identifying expenditure amounts for each
803	county funding obligation specified in paragraphs (1) (a), (c),
804	(d), (e), (f), (g), and (h) and subsection (3). Each year
805	thereafter, on or before December 31 of that year, each county
806	shall send a certified copy of its budget document to the
807	department.
808	(b)  Beginning in fiscal year 2005-2006, additional amounts
809	shall be withheld pursuant to paragraph (a), if the amount spent
810	in the previous fiscal year on the items specified in paragraphs
811	(1)(a), (c), (d), (e), (f), (g), and (h), and subsection (3) is
812	less than the amount budgeted for those items. Each county shall
813	certify expenditures for these county obligations for the prior
814	fiscal year to the department within 90 days after the end of
815	the fiscal year.
816	2.(c)  The department shall transfer the withheld payments
817	to the General Revenue Fund within 60 days after the
818	determination by the Administration Commission by March 31 of
819	each year. These payments are hereby appropriated to the
820	Department of Revenue to pay for these responsibilities on
821	behalf of the county.
822	(d)  For counties subject to withholding of funds by the
823	Department of Revenue for fiscal years 2004-2005 and 2005-2006:
824	1.  If the chief judge does not certify in writing by
825	October 31, 2006, that deficiencies exist in the functioning of
826	the circuit court due to the lack of sufficient budgeting by the
827	county for an item specified in paragraph (1)(a), (c), (d), (e),
828	(f), (g), or (h) or subsection (3), the Department of Revenue
829	shall not withhold the funds which would otherwise be withheld
830	from such counties.
831	2.  If the chief judge certifies in writing to the county
832	and to the Department of Revenue by October 31, 2006, that
833	deficiencies exist in the functioning of the circuit court due
834	to the lack of sufficient budget, the Department of Revenue
835	shall withhold funds for those items specified in paragraph
836	(1)(a), (c), (d), (e), (f), (g), or (h) or subsection (3) that
837	the chief judge certifies in writing are deficient and for which
838	the county did not budget sufficient funds. However, in
839	calculating whether sufficient funds were budgeted for fiscal
840	years 2004-2005 and 2005-2006, the department shall exclude from
841	its calculations of spending for the base year and fiscal years
842	2004-2005 and 2005-2006 any nonrecurring expenditures made by a
843	county for an item specified in paragraph (1)(a), (e), (f), (g),
844	or (h). Counties shall submit to the department by September 30,
845	2006, information about such nonrecurring expenditures in the
846	form and manner specified by the department.
847	(e)  For purposes of this subsection, the term
848	"nonrecurring expenditures" shall be limited to expenditures for
849	furnishings, equipment, land acquisition, and other one-time
850	major purchases or upgrades. This subsection does not relieve a
851	county of the obligation to make nonrecurring expenditures when
852	such nonrecurring expenditures are warranted.
853	(5)  For purposes of this section, the term "salaries"
854	includes wages, benefits, expenses, and perquisites consistent
855	with those that are paid for or provided by a county to its
856	employees.
857	Section 8.  Subsection (1) of section 29.0081, Florida
858	Statutes, is amended to read:
859	29.0081  County funding of additional court personnel.--
860	(1)  A county and the chief judge of a judicial circuit
861	that includes that county may enter into an agreement under
862	which the county funds personnel positions, including providing
863	wages, benefits, expenses, and perquisites consistent with those
864	that are paid for or provided by a county to its employees, to
865	assist in the operation of the circuit.
866	Section 9.  Paragraph (d) is added to subsection (5) of
867	section 29.0086, Florida Statutes, and subsection (9) of that
868	section is amended, to read:
869	29.0086  Article V Technology Board.--
870	(5)  The board shall:
871	(d)  By December 15, 2006, provide a report to the
872	Governor, the President of the Senate, the Speaker of the House
873	of Representatives, and the Chief Justice of the Supreme Court.
874	The report shall contain, at a minimum:
875	1.  Recommended statutory language that would provide
876	policy guidance for the judicial circuit technology strategic
877	plans to be developed and the data integration to be promoted by
878	the Judicial Circuit Article V Technology Advisory Councils.
879	2.  A description of any further progress made on efforts
880	to develop a catalog of common data elements and recommendations
881	for the maintenance and enhancement of this catalog.
882	(9)  This section is repealed effective January 1, 2007
883	July 1, 2006.
884	Section 10.  Section 29.0087, Florida Statutes, is created
885	to read:
886	29.0087  Judicial Circuit Article V Technology Advisory
887	Councils.--
888	(1)  There shall be established in each judicial circuit a
889	Judicial Circuit Article V Technology Advisory Council.
890	(a)  The membership of the council shall include:
891	1.  The chief judge of the circuit court, or his or her
892	designee, who shall serve as chair.
893	2.  The state attorney of the circuit or his or her
894	designee.
895	3.  The public defender of the circuit or his or her
896	designee.
897	4.  A sheriff from a county in the circuit selected by the
898	chief judge, or the sheriff's designee, who shall be appointed
899	to an initial term of 1 year and shall serve 2-year terms
900	thereafter.
901	5.  A clerk from a county in the circuit selected by the
902	chief judge, or the clerk's designee, who shall be appointed to
903	an initial term of 1 year and shall serve 2-year terms
904	thereafter.
905	6.  A member of a board of county commissioners from a
906	county in the circuit selected by the chief judge, or the
907	member's designee, who shall be appointed to an initial term of
908	2 years and shall serve 2-year terms thereafter.
909	7.  A member in good standing of The Florida Bar practicing
910	in the circuit, appointed by the chief judge.
911	(b)1.  There shall be no limit to the number of terms a
912	member may serve. For multicounty circuits, to the extent
913	possible, the members provided in subparagraphs (a)4.-6. shall
914	be from different counties.
915	2.  Members of the advisory council shall serve without
916	compensation but are entitled to per diem and reimbursement for
917	travel expenses in accordance with s. 112.061. Such per diem and
918	reimbursement for travel expenses shall be paid by the entity
919	employing the member, except for the member of The Florida Bar,
920	whose per diem and reimbursement for travel expenses shall be
921	paid by the judicial circuit.
922	(c)  The judicial circuit trial court technology officer
923	and such other judicial circuit employees as are necessary shall
924	serve as staff to the advisory council. Employees of the
925	entities represented by the members of the advisory council may
926	also provide staff support to the advisory council at the
927	request of the judicial circuit trial court technology officer.
928	(d)  The first meeting of the advisory council shall be
929	held no later than September 30, 2006. The advisory council
930	shall meet at the call of the chair but no less frequently than
931	quarterly.
932	(2)  The duties of the advisory council shall include:
933	(a)  Developing an initial judicial circuit technology
934	strategic plan and subsequent updated judicial circuit
935	technology strategic plans to address court-related technology
936	and court technology needs as defined in s. 29.008(1)(f)2. and
937	(h). The initial judicial circuit technology strategic plan or
938	subsequent updated judicial circuit technology strategic plans
939	shall be provided to the chief judge no later than March 31 of
940	each year.
941	(b)  Promoting secure and reliable data integration,
942	interoperability, and access among the information systems under
943	the control of the chief judge, state attorney, and public
944	defender; the clerks of court, sheriffs, and counties of the
945	circuit; and the various state agencies involved in the justice
946	system and the other court systems of the state.
947	Section 11.  Subsections (4) and (6) of section 44.103,
948	Florida Statutes, are amended to read:
949	44.103  Court-ordered, nonbinding arbitration.--
950	(4)  An arbitrator or, in the case of a panel, the chief
951	arbitrator, shall have such power to administer oaths or
952	affirmation and to conduct the proceedings as the rules of court
953	shall provide. The proceedings shall be conducted informally.
954	Presentation of testimony and evidence shall be kept to a
955	minimum and matters shall be presented to the arbitrators
956	primarily through the statements and arguments of counsel. At
957	the request of Any party to the arbitration may petition the
958	court in the underlying action, for good cause shown, to
959	authorize the, such arbitrator to shall issue subpoenas for the
960	attendance of witnesses and the production of books, records,
961	documents, and other evidence at the arbitration and may
962	petition apply to the court for orders compelling such
963	attendance and production at the arbitration. Subpoenas shall be
964	served and shall be enforceable in the manner provided by law.
965	(6)  Upon motion made by either party within 30 days after
966	entry of a judgment, the court may assess costs against the
967	party requesting a trial de novo, including arbitration costs,
968	court costs, reasonable attorney's fees, and other reasonable
969	costs, such as investigation expenses and expenses for expert or
970	other testimony that were incurred after the arbitration hearing
971	and continuing through the trial of the case, in accordance with
972	the guidelines for taxation of costs as adopted by the Supreme
973	Court. Such costs may be assessed if:
974	(a)  The plaintiff, having filed for a trial de novo,
975	obtains a judgment at trial that is at least 25 percent less
976	than the arbitration award. In such an instance, the costs and
977	attorney's fees assessed pursuant to this subsection shall be
978	set off against the award. When the costs and attorney's fees
979	assessed pursuant to this subsection total more than the amount
980	of the judgment, the court shall enter judgment for the
981	defendant against the plaintiff for the amount of the costs and
982	attorney's fees, less the amount of the award to the plaintiff.
983	For purposes of a determination under this paragraph, the term
984	"judgment" means the amount of the net judgment entered plus all
985	taxable costs pursuant to the guidelines for taxation of costs
986	as adopted by the Supreme Court, any postarbitration collateral
987	source payments received or due as of the date of the judgment,
988	and any postarbitration settlement amounts by which the verdict
989	was reduced; or
990	(b)  The defendant, having filed for a trial de novo, has a
991	judgment entered against the defendant that is a least 25
992	percent more than the arbitration award. For purposes of a
993	determination under this paragraph, the term "judgment" means
994	the amount of the net judgment entered plus any postarbitration
995	settlement amounts by which the verdict was reduced. The party
996	having filed for a trial de novo may be assessed the arbitration
997	costs, court costs, and other reasonable costs of the party,
998	including attorney's fees, investigation expenses, and expenses
999	for expert or other testimony or evidence incurred after the
1000	arbitration hearing if the judgment upon the trial de novo is
1001	not more favorable than the arbitration decision.
1002	Section 12.  Subsection (3) of section 218.245, Florida
1003	Statutes, as amended by section 44 of chapter 2005-236, Laws of
1004	Florida, is amended to read:
1005	218.245  Revenue sharing; apportionment.--
1006	(3)  Revenues attributed to the increase in distribution to
1007	the Revenue Sharing Trust Fund for Municipalities pursuant to s.
1008	212.20(6)(d)6. from 1.0715 percent to 1.3409 percent provided in
1009	chapter 2003-402, Laws of Florida, shall be distributed to each
1010	eligible municipality and any unit of local government which is
1011	consolidated as provided by s. 9, Art. VIII of the State
1012	Constitution of 1885, as preserved by s. 6(e), Art. VIII, 1968
1013	revised constitution, as follows: each eligible local
1014	government's allocation shall be based on the amount it received
1015	from the half-cent sales tax under s. 218.61 in the prior state
1016	fiscal year divided by the total receipts under s. 218.61 in the
1017	prior state fiscal year for all eligible local governments;
1018	provided, however, for the purpose of calculating this
1019	distribution, the amount received from the half-cent sales tax
1020	under s. 218.61 in the prior state fiscal year by a unit of
1021	local government which is consolidated as provided by s. 9, Art.
1022	VIII of the State Constitution of 1885, as amended, and as
1023	preserved by s. 6(e), Art. VIII, of the Constitution as revised
1024	in 1968, shall be reduced by 42 50 percent for such local
1025	government and for the total receipts. For eligible
1026	municipalities that began participating in the allocation of
1027	half-cent sales tax under s. 218.61 in the previous state fiscal
1028	year, their annual receipts shall be calculated by dividing
1029	their actual receipts by the number of months they participated,
1030	and the result multiplied by 12.
1031	Section 13.  Subsection (13) of section 318.18, Florida
1032	Statutes, is amended to read:
1033	318.18  Amount of civil penalties.--The penalties required
1034	for a noncriminal disposition pursuant to s. 318.14 are as
1035	follows:
1036	(13)  In addition to any penalties imposed for noncriminal
1037	traffic infractions pursuant to this chapter or imposed for
1038	criminal violations listed in s. 318.17, a board of county
1039	commissioners or any unit of local government which is
1040	consolidated as provided by s. 9, Art. VIII of the State
1041	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1042	Constitution of 1968:
1043	(a)  May impose by ordinance a surcharge of up to $15 for
1044	any infraction or violation to fund state court facilities. The
1045	court shall not waive this surcharge. Up to 25 percent of the
1046	revenue from such surcharge may be used to support local law
1047	libraries provided that the county or unit of local government
1048	provides a level of service equal to that provided prior to July
1049	1, 2004, which shall include the continuation of library
1050	facilities located in or near the county courthouse or annexes.
1051	(b)  That imposed increased fees or service charges by
1052	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
1053	purpose of securing payment of the principal and interest on
1054	bonds issued by the county before July 1, 2003, to finance state
1055	court facilities, may impose by ordinance a surcharge for any
1056	infraction or violation for the exclusive purpose of securing
1057	payment of the principal and interest on bonds issued by the
1058	county before July 1, 2003, to fund state court facilities until
1059	the date of stated maturity. The court shall not waive this
1060	surcharge. Such surcharge may not exceed an amount per violation
1061	calculated as the quotient of the maximum annual payment of the
1062	principal and interest on the bonds as of July 1, 2003, divided
1063	by the number of traffic citations for county fiscal year 2002-
1064	2003 certified as paid by the clerk of the court of the county.
1065	Such quotient shall be rounded up to the next highest dollar
1066	amount. The bonds may be refunded only if savings will be
1067	realized on payments of debt service and the refunding bonds are
1068	scheduled to mature on the same date or before the bonds being
1069	refunded.
1070
1071	A county may not impose both of the surcharges authorized under
1072	paragraphs (a) and (b) concurrently. The county clerk of court
1073	shall report, no later than 30 days after the end of the
1074	quarter, the amount of funds collected, the amount of funds
1075	expended, and the uses of the funds under this subsection during
1076	each quarter of the fiscal year. The county clerk shall submit
1077	the report, in a format developed by the Office of State Courts
1078	Administrator, to the chief judge of the circuit, the Governor,
1079	the President of the Senate, and the Speaker of the House of
1080	Representatives.
1081	Section 14.  Section 903.286, Florida Statutes, is amended
1082	to read:
1083	903.286  Return of cash bond; requirement to withhold
1084	unpaid fines, fees, and court costs.--Notwithstanding the
1085	provisions of s. 903.31(2), the clerk of the court shall
1086	withhold from the return of a cash bond posted on behalf of a
1087	criminal defendant by a person other than a bail bond agent
1088	licensed pursuant to chapter 648 sufficient funds to pay any
1089	unpaid court fees, court costs, and criminal penalties. The
1090	clerk of the court shall provide notice to the person posting
1091	the cash bond prior to the posting of such bond that the
1092	proceeds are subject to withholding to pay any unpaid court
1093	fees, court costs, and criminal penalties. In the event that
1094	sufficient funds are not available to pay all unpaid court fees,
1095	court costs, and criminal penalties, the clerk of the court
1096	shall immediately obtain payment from the defendant or enroll
1097	the defendant in a payment plan pursuant to s. 28.246. However,
1098	the clerk may not withhold any unpaid court fees, court costs,
1099	or criminal penalties from a cash bond posted prior to July 1,
1100	2005, by a person other than the defendant.
1101	Section 15.  Subsections (1) and (2) of section 938.27,
1102	Florida Statutes, are amended to read:
1103	938.27  Judgment for costs on conviction.--
1104	(1)  In all criminal cases, convicted persons or parents of
1105	adjudicated juveniles are liable for payment of the documented
1106	costs of prosecution, including investigative costs incurred by
1107	law enforcement agencies, by fire departments for arson
1108	investigations, and by investigations of the Department of
1109	Financial Services or the Office of Financial Regulation of the
1110	Financial Services Commission, if requested by such agencies.
1111	These costs shall be included and entered in the judgment
1112	rendered against the convicted person or adjudicated juvenile.
1113	(2)(a)  If the court allows additional time for payment of
1114	such costs, the convicted person or the parents of the
1115	adjudicated juvenile shall be enrolled in a payment plan
1116	pursuant to s. 28.246(4) The court shall require the defendant
1117	to pay the costs within a specified period or in specified
1118	installments.
1119	(b)  The end of such period or the last such installment
1120	shall not be later than:
1121	1.  The end of the period of probation or community
1122	control, if probation or community control is ordered;
1123	2.  Five years after the end of the term of imprisonment
1124	imposed, if the court does not order probation or community
1125	control; or
1126	3.  Five years after the date of sentencing in any other
1127	case.
1128
1129	However, in no event shall the obligation to pay any unpaid
1130	amounts expire if not paid in full within the period specified
1131	in this paragraph.
1132	(b)(c)  If not otherwise provided by the court under this
1133	section, costs shall be paid immediately.
1134	Section 16.  Paragraph (a) of subsection (1) of section
1135	938.29, Florida Statutes, is amended to read:
1136	938.29  Legal assistance; lien for payment of attorney's
1137	fees or costs.--
1138	(1)(a)  A defendant determined to be guilty of a criminal
1139	act or found to have committed a delinquent act by a court or
1140	jury or through a plea of guilty or nolo contendere, regardless
1141	of adjudication, and who has received the assistance of the
1142	public defender's office, a special assistant public defender,
1143	or a court-appointed conflict attorney shall be liable for
1144	payment of attorney's fees and costs. The court shall determine
1145	the amount of the obligation. Such costs shall include, but not
1146	be limited to, the cost of depositions; cost of transcripts of
1147	depositions, including the cost of defendant's copy, which
1148	transcripts are certified by the defendant's attorney as having
1149	served a useful purpose in the disposition of the case;
1150	investigative costs; witness fees; the cost of psychiatric
1151	examinations; or other reasonable costs specially incurred by
1152	the state and the clerk of court for the defense of the
1153	defendant in criminal prosecutions. Costs shall not include
1154	expenses inherent in providing a constitutionally guaranteed
1155	jury trial or expenditures in connection with the maintenance
1156	and operation of government agencies that must be made by the
1157	public irrespective of specific violations of law. Any costs
1158	assessed pursuant to this paragraph shall be reduced by any
1159	amount assessed against a defendant pursuant to s. 938.05.
1160	Section 17.  Subsections (4) and (5) of section 948.15,
1161	Florida Statutes, are renumbered as subsections (5) and (6),
1162	respectively, present subsection (3) is renumbered as subsection
1163	(4), paragraph (e) of that subsection is amended, and a new
1164	subsection (3) is added to that section, to read:
1165	948.15  Misdemeanor probation services.--
1166	(3)(a)  The entity providing probation services for
1167	offenders sentenced by the county court shall establish a
1168	process to collect payments for all offender fees, fines, and
1169	costs imposed by the court, restitution owed by the misdemeanor
1170	probationer, and the cost of supervision. The entity providing
1171	probation services shall provide any funds collected in
1172	accordance with this subsection to the payee to whom they are
1173	owed within 30 days.
1174	(b)  For programs provided by a county with its own
1175	employees, if a payment made by the misdemeanor probationer is
1176	not sufficient to cover the total installment required under a
1177	payment plan imposed by the court plus any additional payments
1178	that are outstanding, the payment made by the misdemeanor
1179	probationer shall be allocated proportionally among any fees,
1180	fines, and costs imposed by the court, restitution owed by the
1181	misdemeanor probationer, and the cost of supervision based on
1182	the percentage that the sum owed for each type of payment
1183	comprises of the total installment owed for all types of
1184	payments.
1185	(4)(3)  Any private entity providing services for the
1186	supervision of misdemeanor probationers must contract with the
1187	county in which the services are to be rendered. In a county
1188	with a population of less than 70,000, the county court judge,
1189	or the administrative judge of the county court in a county that
1190	has more than one county court judge, must approve the contract.
1191	Terms of the contract must state, but are not limited to:
1192	(e)  Procedures for handling the collection in accordance
1193	with subsection (3) of all payments owed by an offender fees and
1194	restitution.
1195
1196	In addition, the entity shall supply the chief judge's office
1197	with a quarterly report summarizing the number of offenders
1198	supervised by the private entity, payment of the required
1199	contribution under supervision or rehabilitation, and the number
1200	of offenders for whom supervision or rehabilitation will be
1201	terminated. All records of the entity must be open to inspection
1202	upon the request of the county, the court, the Auditor General,
1203	the Office of Program Policy Analysis and Government
1204	Accountability, or agents thereof.
1205	Section 18.  Section 939.185, Florida Statutes, is
1206	renumbered as section 938.195, Florida Statutes.
1207	Section 19.  Subsection (3) of section 775.083, Florida
1208	Statutes, is renumbered as subsection (2) of that section, and
1209	present subsection (2) of that section is transferred to section
1210	938.065, Florida Statutes, which is created, and amended to
1211	read:
1212	938.065  County crime prevention programs.--
1213	(2)  In addition to the fines set forth in subsection (1),
1214	Court costs shall be assessed and collected in each instance a
1215	defendant pleads nolo contendere to, or is convicted of, or
1216	adjudicated delinquent for, a felony, a misdemeanor, or a
1217	criminal traffic offense under state law, or a violation of any
1218	municipal or county ordinance if the violation constitutes a
1219	misdemeanor under state law. The court costs imposed by this
1220	section shall be $50 for a felony and $20 for any other offense
1221	and shall be deposited by the clerk of the court into an
1222	appropriate county account for disbursement for the purposes
1223	provided in this subsection. A county shall account for the
1224	funds separately from other county funds as crime prevention
1225	funds. The county, in consultation with the sheriff, must expend
1226	such funds for crime prevention programs in the county,
1227	including safe neighborhood programs under ss. 163.501-163.523.
1228	Section 20.  Subsections (1), (2), and (4) of section
1229	938.17, Florida Statutes, are amended to read:
1230	938.17  County delinquency prevention; juvenile assessment
1231	centers and school board suspension programs.--
1232	(1)  Prior to the use of costs received pursuant to s.
1233	938.195 939.185, the sheriff's office of the county must be a
1234	partner in a written agreement with the Department of Juvenile
1235	Justice to participate in a juvenile assessment center or with
1236	the district school board to participate in a suspension
1237	program.
1238	(2)  Assessments collected by clerks of the circuit courts
1239	comprised of more than one county shall remit the funds
1240	collected pursuant to s. 938.195 939.185 to the county in which
1241	the offense at issue was committed for deposit and disbursement.
1242	(4)  A sheriff's office that receives proceeds pursuant to
1243	s. 938.195 939.185 shall account for all funds annually by
1244	August 1 in a written report to the juvenile justice county
1245	council if funds are used for assessment centers, and to the
1246	district school board if funds are used for suspension programs.
1247	Section 21.  Subsection (7) of section 938.19, Florida
1248	Statutes, is amended to read:
1249	938.19  Teen courts.--
1250	(7)  A teen court administered in a county that adopts an
1251	ordinance to assess court costs under this section may not
1252	receive court costs collected under s. 938.195(1)(a)4.
1253	939.185(1)(a)4.
1254	Section 22.  Paragraph (d) of subsection (6) of section
1255	948.08, Florida Statutes, is amended to read:
1256	948.08  Pretrial intervention program.--
1257	(6)
1258	(d)  Any entity, whether public or private, providing a
1259	pretrial substance abuse education and treatment intervention
1260	program under this subsection must contract with the county or
1261	appropriate governmental entity, and the terms of the contract
1262	must include, but need not be limited to, the requirements
1263	established for private entities under s. 948.15(4)(3).
1264	Section 23.  Subsection (3) of section 948.16, Florida
1265	Statutes, is amended to read:
1266	948.16  Misdemeanor pretrial substance abuse education and
1267	treatment intervention program.--
1268	(3)  Any public or private entity providing a pretrial
1269	substance abuse education and treatment program under this
1270	section shall contract with the county or appropriate
1271	governmental entity. The terms of the contract shall include,
1272	but not be limited to, the requirements established for private
1273	entities under s. 948.15(4)(3).
1274	Section 24.  Subsections (1), (2), and (3) of section
1275	985.203, Florida Statutes, are amended to read:
1276	985.203  Right to counsel.--
1277	(1)  A child is entitled to representation by legal counsel
1278	at all stages of any proceedings under this part. If the child
1279	and the parents or other legal guardian is are indigent and
1280	unable to employ counsel for the child, the court shall appoint
1281	counsel pursuant to s. 27.52. However, if a parent or legal
1282	guardian is also the alleged victim in the case, the court shall
1283	appoint counsel to represent the child without requiring an
1284	affidavit from the parent or legal guardian. Determination of
1285	indigence and costs of representation shall be as provided by
1286	ss. 27.52 and 938.29. Legal counsel representing a child who
1287	exercises the right to counsel shall be allowed to provide
1288	advice and counsel to the child at any time subsequent to the
1289	child's arrest, including prior to a detention hearing while in
1290	secure detention care. A child shall be represented by legal
1291	counsel at all stages of all court proceedings unless the right
1292	to counsel is freely, knowingly, and intelligently waived by the
1293	child after the child has been given a meaningful opportunity to
1294	confer with counsel. If the child appears without counsel, the
1295	court shall appoint counsel if the parents or legal guardian is
1296	indigent advise the child of his or her rights with respect to
1297	representation of court-appointed counsel.
1298	(2)  If the parents or legal guardian of an indigent child
1299	is are not indigent but refuses refuse to employ counsel, the
1300	court shall appoint counsel pursuant to s. 27.52 to represent
1301	the child at the detention hearing and until counsel is
1302	provided. Costs of representation are hereby imposed as provided
1303	by ss. 27.52 and 938.29. Thereafter, the court shall not appoint
1304	counsel for an indigent child with nonindigent parents or legal
1305	guardian but shall order the parents or legal guardian to obtain
1306	private counsel. A parent or legal guardian of an indigent child
1307	who has been ordered to obtain private counsel for the child and
1308	who willfully fails to follow the court order shall be punished
1309	by the court in civil contempt proceedings. If a nonindigent
1310	parent or legal guardian is also the alleged victim in the case,
1311	the court shall not order that parent or legal guardian to
1312	obtain private counsel but shall appoint counsel pursuant to s.
1313	27.52 to represent the indigent child.
1314	(3)  An indigent child with nonindigent parents or legal
1315	guardian may have counsel appointed pursuant to s. 27.52 if the
1316	parents or legal guardian has have willfully refused to obey the
1317	court order to obtain counsel for the child and has have been
1318	punished by civil contempt and then still has have willfully
1319	refused to obey the court order. Costs of representation are
1320	hereby imposed as provided by ss. 27.52 and 938.29.
1321	Section 25.  Paragraph (d) of subsection (1) of section
1322	985.306, Florida Statutes, is amended to read:
1323	985.306  Delinquency pretrial intervention program.--
1324	(1)
1325	(d)  Any entity, whether public or private, providing
1326	pretrial substance abuse education, treatment intervention, and
1327	a urine monitoring program under this section must contract with
1328	the county or appropriate governmental entity, and the terms of
1329	the contract must include, but need not be limited to, the
1330	requirements established for private entities under s.
1331	948.15(4)(3). It is the intent of the Legislature that public or
1332	private entities providing substance abuse education and
1333	treatment intervention programs involve the active participation
1334	of parents, schools, churches, businesses, law enforcement
1335	agencies, and the department or its contract providers.
1336	Section 26.  This act shall take effect July 1, 2006.

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