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

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