HB 1179

1	A bill to be entitled
2	An act relating to criminal conflict and civil regional
3	counsel; repealing s. 27.511, F.S., which created the
4	offices of criminal conflict and civil regional counsel;
5	amending ss. 27.40, 27.52, 27.525, 27.53, 27.5301,
6	27.5303, 27.5304, 27.54, 27.59, 28.24, 28.345, 29.001,
7	29.006, 29.007, 29.008, 29.015, 29.018, 43.16, 57.082,
8	110.205, 125.69, 216.011, 216.292, 744.331, and 938.29,
9	F.S.; conforming provisions to changes made by the act;
10	repealing s. 31, ch. 2007-62, Laws of Florida, relating to
11	transition provisions for creation and operation of the
12	offices of criminal conflict and civil regional counsel;
13	providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 27.511, Florida Statutes, is repealed.
18	Section 2.  Subsections (1) and (2) and paragraph (d) of
19	subsection (3) of section 27.40, Florida Statutes, are amended
20	to read:
21	27.40  Court-appointed counsel; circuit registries; minimum
22	requirements; appointment by court.--
23	(1)  Counsel shall be appointed to represent any individual
24	in a criminal or civil proceeding entitled to court-appointed
25	counsel under the Federal or State Constitution or as authorized
26	by general law. The court shall appoint a public defender to
27	represent indigent persons as authorized in s. 27.51. The office
28	of criminal conflict and civil regional Counsel shall be
29	appointed to represent persons in those cases in which provision
30	is made for court-appointed counsel but the public defender is
31	unable to provide representation due to a conflict of interest
32	or is not authorized to provide representation.
33	(2)(a)  Private counsel shall be appointed to represent
34	persons in those cases in which provision is made for court-
35	appointed counsel but the office of criminal conflict and civil
36	regional counsel is unable to provide representation due to a
37	conflict of interest.
38	(b)  Private counsel appointed by the court to provide
39	representation shall be selected from a registry of individual
40	attorneys maintained under this section.
41	(3)  In utilizing a registry:
42	(d)  Quarterly, each chief judge shall provide a current
43	copy of each registry to the Chief Justice of the Supreme Court,
44	the state attorney and public defender in each judicial circuit,
45	the office of criminal conflict and civil regional counsel, the
46	clerk of court in each county, and the Justice Administrative
47	Commission. From October 1, 2005, through September 30, 2007,
48	the report submitted by the Eleventh Judicial Circuit shall
49	include the race, gender, and national origin of all attorneys
50	listed in and appointed under the registry.
51	Section 3.  Paragraph (c) of subsection (2), subsection
52	(3), paragraph (b) of subsection (4), subsection (6), and
53	paragraph (a) of subsection (7) of section 27.52, Florida
54	Statutes, are amended to read:
55	27.52  Determination of indigent status.--
56	(2)  DETERMINATION BY THE CLERK.--The clerk of the court
57	shall determine whether an applicant seeking appointment of a
58	public defender is indigent based upon the information provided
59	in the application and the criteria prescribed in this
60	subsection.
61	(c)1.  If the clerk determines that the applicant is
62	indigent, the clerk shall submit the determination to the office
63	of the public defender and immediately file the determination in
64	the case file.
65	2.  If the public defender is unable to provide
66	representation due to a conflict pursuant to s. 27.5303, the
67	public defender shall move the court for withdrawal from
68	representation and appointment of the office of criminal
69	conflict and civil regional counsel.
70	(3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the clerk
71	of the court has not made a determination of indigent status at
72	the time a person requests appointment of a public defender, the
73	court shall make a preliminary determination of indigent status,
74	pending further review by the clerk, and may, by court order,
75	appoint a public defender, the office of criminal conflict and
76	civil regional counsel, or private counsel on an interim basis.
77	(4)  REVIEW OF CLERK'S DETERMINATION.--
78	(b)  Based upon its review, the court shall make one of the
79	following determinations and, if the applicant is indigent,
80	shall appoint a public defender, the office of criminal conflict
81	and civil regional counsel, or, if appropriate, private counsel:
82	1.  The applicant is not indigent.
83	2.  The applicant is indigent.
84	(6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
85	parent or legal guardian of an applicant who is a minor or an
86	adult tax-dependent person shall furnish the minor or adult tax-
87	dependent person with the necessary legal services and costs
88	incident to a delinquency proceeding or, upon transfer of such
89	person for criminal prosecution as an adult pursuant to chapter
90	985, a criminal prosecution in which the person has a right to
91	legal counsel under the Constitution of the United States or the
92	Constitution of the State of Florida. The failure of a parent or
93	legal guardian to furnish legal services and costs under this
94	section does not bar the appointment of legal counsel pursuant
95	to this section, s. 27.40, or s. 27.5303. When the public
96	defender, the office of criminal conflict and civil regional
97	counsel, a private court-appointed conflict counsel, or a
98	private attorney is appointed to represent a minor or an adult
99	tax-dependent person in any proceeding in circuit court or in a
100	criminal proceeding in any other court, the parents or the legal
101	guardian shall be liable for payment of the fees, charges, and
102	costs of the representation even if the person is a minor being
103	tried as an adult. Liability for the fees, charges, and costs of
104	the representation shall be imposed in the form of a lien
105	against the property of the nonindigent parents or legal
106	guardian of the minor or adult tax-dependent person. The lien is
107	enforceable as provided in s. 27.561 or s. 938.29.
108	(7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
109	(a)  If the court learns of discrepancies between the
110	application or motion and the actual financial status of the
111	person found to be indigent or indigent for costs, the court
112	shall determine whether the public defender, office of criminal
113	conflict and civil regional counsel, or private attorney shall
114	continue representation or whether the authorization for any
115	other due process services previously authorized shall be
116	revoked. The person may be heard regarding the information
117	learned by the court. If the court, based on the information,
118	determines that the person is not indigent or indigent for
119	costs, the court shall order the public defender, office of
120	criminal conflict and civil regional counsel, or private
121	attorney to discontinue representation and revoke the provision
122	of any other authorized due process services.
123	Section 4.  Section 27.525, Florida Statutes, is amended to
124	read:
125	27.525  Indigent Criminal Defense Trust Fund.--The Indigent
126	Criminal Defense Trust Fund is created, to be administered by
127	the Justice Administrative Commission. Funds shall be credited
128	to the trust fund as provided in s. 27.52, to be used for the
129	purposes of indigent criminal defense as appropriated by the
130	Legislature to the public defender or the office of criminal
131	conflict and civil regional counsel. The Justice Administrative
132	Commission shall account for these funds on a circuit basis, and
133	appropriations from the fund shall be proportional to each
134	circuit's collections.
135	Section 5.  Subsections (4) and (5) of section 27.53,
136	Florida Statutes, are amended to read:
137	27.53  Appointment of assistants and other staff; method of
138	payment.--
139	(4)  The five criminal conflict and civil regional counsel
140	may employ and establish, in the numbers authorized by the
141	General Appropriations Act, assistant regional counsel and other
142	staff and personnel in each judicial district pursuant to s.
143	29.006, who shall be paid from funds appropriated for that
144	purpose. Notwithstanding s. 790.01, s. 790.02, or s.
145	790.25(2)(a), an investigator employed by an office of criminal
146	conflict and civil regional counsel, while actually carrying out
147	official duties, is authorized to carry concealed weapons if the
148	investigator complies with s. 790.25(3)(o). However, such
149	investigators are not eligible for membership in the Special
150	Risk Class of the Florida Retirement System. The five regional
151	counsel shall jointly develop recommended modifications to the
152	classification plan and the salary and benefits plan for the
153	Justice Administrative Commission. The recommendations shall be
154	submitted to the commission, the office of the President of the
155	Senate, and the office of the Speaker of the House of
156	Representatives by September 15, 2007, for the regional offices'
157	initial establishment and before January 1 of each year
158	thereafter. Such recommendations shall be developed in
159	accordance with policies and procedures of the Executive Office
160	of the Governor established in s. 216.181. Each assistant
161	regional counsel appointed by the regional counsel under this
162	section shall serve at the pleasure of the regional counsel.
163	Each investigator employed by the regional counsel shall have
164	full authority to serve any witness subpoena or court order
165	issued by any court or judge in a criminal case in which the
166	regional counsel has been appointed to represent the accused.
167	(5)  The appropriations for the offices of criminal
168	conflict and civil regional counsel shall be determined by a
169	funding formula and other factors that are considered
170	appropriate in a manner to be determined by this section and the
171	General Appropriations Act.
172	Section 6.  Subsections (3) and (4) of section 27.5301,
173	Florida Statutes, are amended to read:
174	27.5301  Salaries of public defenders and, assistant public
175	defenders, criminal conflict and civil regional counsel, and
176	assistant regional counsel.--
177	(3)  The salary of the criminal conflict and civil regional
178	counsel shall be as provided in the General Appropriations Act
179	and shall be paid in equal monthly installments.
180	(4)  The salary for each assistant regional counsel shall
181	be set by the regional counsel in an amount not to exceed 100
182	percent of the regional counsel's salary and shall be paid from
183	funds appropriated for that purpose. Assistant regional counsel
184	who serve in less than a full-time capacity shall be compensated
185	for services performed in an amount that is in proportion to the
186	salary allowed for full-time services.
187	Section 7.  Paragraphs (b) through (e) of subsection (1)
188	and subsection (2) of section 27.5303, Florida Statutes, are
189	amended to read:
190	27.5303  Public defenders; criminal conflict and civil
191	regional counsel; conflict of interest.--
192	(1)
193	(b)  If, at any time during the representation of two or
194	more persons in a criminal or civil proceeding, a criminal
195	conflict and civil regional counsel determines that the
196	interests of those clients are so adverse or hostile that they
197	cannot all be counseled by the regional counsel or his or her
198	staff without conflict of interest, or that none can be
199	counseled by the regional counsel or his or her staff because of
200	a conflict of interest, the regional counsel shall file a motion
201	to withdraw and move the court to appoint other counsel. If
202	requested by the Justice Administrative Commission, the regional
203	counsel shall submit a copy of the motion to the Justice
204	Administrative Commission at the time it is filed with the
205	court. The court shall review and may inquire or conduct a
206	hearing into the adequacy of the regional counsel's
207	representations regarding a conflict of interest without
208	requiring the disclosure of any confidential communications. The
209	court shall deny the motion to withdraw if the court finds the
210	grounds for withdrawal are insufficient or the asserted conflict
211	is not prejudicial to the client. If the court grants the motion
212	to withdraw, the court shall appoint one or more private
213	attorneys to represent the person as provided in s. 27.40. The
214	clerk of court shall inform the regional office and the
215	commission when the court appoints private counsel.
216	(b)(c)  Upon its own motion, the court shall appoint such
217	other counsel when the facts developed upon the face of the
218	record and court files in the case disclose a conflict of
219	interest. The clerk shall advise the appropriate public defender
220	or criminal conflict and civil regional counsel, in writing,
221	with an electronic copy to the Justice Administrative
222	Commission, when the court makes the motion and appoints one or
223	more attorneys. The court shall specify the basis for the
224	conflict.
225	(c)(d)  In no case shall the court approve a withdrawal by
226	the public defender or criminal conflict and civil regional
227	counsel based solely upon inadequacy of funding or excess
228	workload of the public defender or regional counsel.
229	(d)(e)  In determining whether or not there is a conflict
230	of interest, the public defender or regional counsel shall apply
231	the standards contained in the Uniform Standards for Use in
232	Conflict of Interest Cases found in appendix C to the Final
233	Report of the Article V Indigent Services Advisory Board dated
234	January 6, 2004. Before a motion to withdraw is filed under this
235	section, the public defender or regional counsel serving the
236	circuit, or his or her designee, must:
237	1.  Determine if there is a viable alternative to
238	withdrawal from representation that which would remedy the
239	conflict of interest and, if it exists, implement that
240	alternative; and
241	2.  Approve in writing the filing of the motion to
242	withdraw.
243	(2)  The court shall appoint private conflict counsel
244	pursuant to s. 27.40, first appointing the office of criminal
245	conflict and civil regional counsel and, if the office is found
246	to have a conflict, appointing private counsel. The appointed
247	private attorney may not be affiliated with the public defender
248	or, any assistant public defender, the regional counsel, or any
249	assistant regional counsel in his or her official capacity or
250	any other private attorney appointed to represent a codefendant.
251	The public defender or regional counsel may not participate in
252	case-related decisions, performance evaluations, or expense
253	determinations in conflict cases.
254	Section 8.  Subsection (8) of section 27.5304, Florida
255	Statutes, is amended to read:
256	27.5304  Private court-appointed counsel; compensation.--
257	(8)  A private attorney appointed in lieu of the public
258	defender or the criminal conflict and civil regional counsel to
259	represent an indigent defendant may not reassign or subcontract
260	the case to another attorney or allow another attorney to appear
261	at a critical stage of a case who is not on the registry
262	developed under s. 27.40.
263	Section 9.  Section 27.54, Florida Statutes, is amended to
264	read:
265	27.54  Limitation on payment of expenditures other than by
266	the state.--
267	(1)  All payments for the salary of the public defender and
268	the criminal conflict and civil regional counsel and for the
269	necessary expenses of office, including salaries of assistants
270	and staff, shall be considered as being for a valid public
271	purpose. Travel expenses shall be paid in accordance with the
272	provisions of s. 112.061.
273	(2)  A county or municipality may contract with, or
274	appropriate or contribute funds to, the operation of the offices
275	of the various public defenders and regional counsel as provided
276	in this subsection. A public defender or regional counsel
277	defending violations of special laws or county or municipal
278	ordinances punishable by incarceration and not ancillary to a
279	state charge shall contract with counties and municipalities to
280	recover the full cost of services rendered on an hourly basis or
281	reimburse the state for the full cost of assigning one or more
282	full-time equivalent attorney positions to work on behalf of the
283	county or municipality. Notwithstanding any other provision of
284	law, in the case of a county with a population of less than
285	75,000, the public defender or regional counsel shall contract
286	for full reimbursement, or for reimbursement as the parties
287	otherwise agree. In local ordinance violation cases, the county
288	or municipality shall pay for due process services that are
289	approved by the court, including deposition costs, deposition
290	transcript costs, investigative costs, witness fees, expert
291	witness costs, and interpreter costs. The person charged with
292	the violation shall be assessed a fee for the services of a
293	public defender or regional counsel and other costs and fees
294	paid by the county or municipality, which assessed fee may be
295	reduced to a lien, in all instances in which the person enters a
296	plea of guilty or no contest or is found to be in violation or
297	guilty of any count or lesser included offense of the charge or
298	companion case charges, regardless of adjudication. The court
299	shall determine the amount of the obligation. The county or
300	municipality may recover assessed fees through collections court
301	or as otherwise permitted by law, and any fees recovered
302	pursuant to this section shall be forwarded to the applicable
303	county or municipality as reimbursement.
304	(a)  A contract for reimbursement on an hourly basis shall
305	require a county or municipality to reimburse the public
306	defender or regional counsel for services rendered at a rate of
307	$50 per hour. If an hourly rate is specified in the General
308	Appropriations Act, that rate shall control.
309	(b)  A contract for assigning one or more full-time
310	equivalent attorney positions to perform work on behalf of the
311	county or municipality shall assign one or more full-time
312	equivalent positions based on estimates by the public defender
313	or regional counsel of the number of hours required to handle
314	the projected workload. The full cost of each full-time
315	equivalent attorney position on an annual basis shall be $50, or
316	the amount specified in the General Appropriations Act,
317	multiplied by the legislative budget request standard for
318	available work hours for one full-time equivalent attorney
319	position, or, in the absence of that standard, 1,854 hours. The
320	contract may provide for funding full-time equivalent positions
321	in one-quarter increments.
322	(c)  Any payments received pursuant to this subsection
323	shall be deposited into the Grants and Donations Trust Fund
324	within the Justice Administrative Commission for appropriation
325	by the Legislature.
326	(3)  No public defender or, assistant public defender,
327	regional counsel, or assistant regional counsel shall receive
328	from any county or municipality any supplemental salary, except
329	as provided in this section.
330	(4)  Unless expressly authorized by law or in the General
331	Appropriations Act, public defenders and regional counsel are
332	prohibited from spending state-appropriated funds on county
333	funding obligations under s. 14, Art. V of the State
334	Constitution beginning January 1, 2005. This includes
335	expenditures on communications services and facilities as
336	defined in s. 29.008. This does not prohibit a public defender
337	from spending funds for these purposes in exceptional
338	circumstances when necessary to maintain operational continuity
339	in the form of a short-term advance pending reimbursement from
340	the county. If a public defender or regional counsel provides
341	short-term advance funding for a county responsibility as
342	authorized by this subsection, the public defender or regional
343	counsel shall request full reimbursement from the board of
344	county commissioners prior to making the expenditure or at the
345	next meeting of the board of county commissioners after the
346	expenditure is made. The total of all short-term advances
347	authorized by this subsection shall not exceed 2 percent of the
348	public defender's or regional counsel's approved operating
349	budget in any given year. No short-term advances authorized by
350	this subsection shall be permitted until all reimbursements
351	arising from advance funding in the prior state fiscal year have
352	been received by the public defender or regional counsel. All
353	reimbursement payments received by the public defender or
354	regional counsel shall be deposited into the General Revenue
355	Fund. Notwithstanding the provisions of this subsection, the
356	public defender or regional counsel may expend funds for the
357	purchase of computer systems, including associated hardware and
358	software, and for personnel related to this function.
359	Section 10.  Section 27.59, Florida Statutes, is amended to
360	read:
361	27.59  Access to prisoners.--The public defenders and,
362	assistant public defenders, criminal conflict and civil regional
363	counsel, and assistant regional counsel shall be empowered to
364	inquire of all persons who are incarcerated in lieu of bond and
365	to tender them advice and counsel at any time, but the
366	provisions of this section shall not apply with respect to
367	persons who have engaged private counsel.
368	Section 11.  Section 28.24, Florida Statutes, is amended to
369	read:
370	28.24  Service charges by clerk of the circuit court.--The
371	clerk of the circuit court shall charge for services rendered by
372	the clerk's office in recording documents and instruments and in
373	performing the duties enumerated in amounts not to exceed those
374	specified in this section. Notwithstanding any other provision
375	of this section, the clerk of the circuit court shall provide
376	without charge to the state attorney, public defender, guardian
377	ad litem, public guardian, attorney ad litem, criminal conflict
378	and civil regional counsel, and private court-appointed counsel
379	paid by the state, and to the authorized staff acting on behalf
380	of each, access to and a copy of any public record, if the
381	requesting party is entitled by law to view the exempt or
382	confidential record, as maintained by and in the custody of the
383	clerk of the circuit court as provided in general law and the
384	Florida Rules of Judicial Administration. The clerk of the
385	circuit court may provide the requested public record in an
386	electronic format in lieu of a paper format when capable of
387	being accessed by the requesting entity.
388
389	Charges
390	(1)  For examining, comparing, correcting, verifying, and
391	certifying transcripts of record in appellate proceedings,
392	prepared by attorney for appellant or someone else other than
393	clerk, per page....4.50
394	(2)  For preparing, numbering, and indexing an original
395	record of appellate proceedings, per instrument....3.00
396	(3)  For certifying copies of any instrument in the public
397	records....1.50
398	(4)  For verifying any instrument presented for
399	certification prepared by someone other than clerk, per
400	page....3.00
401	(5)(a)  For making copies by photographic process of any
402	instrument in the public records consisting of pages of not more
403	than 14 inches by 81/2 inches, per page....1.00
404	(b)  For making copies by photographic process of any
405	instrument in the public records of more than 14 inches by 81/2
406	inches, per page....5.00
407	(6)  For making microfilm copies of any public records:
408	(a)  16 mm 100' microfilm roll....37.50
409	(b)  35 mm 100' microfilm roll....52.50
410	(c)  Microfiche, per fiche....3.00
411	(7)  For copying any instrument in the public records by
412	other than photographic process, per page....6.00
413	(8)  For writing any paper other than herein specifically
414	mentioned, same as for copying, including signing and
415	sealing....6.00
416	(9)  For indexing each entry not recorded....1.00
417	(10)  For receiving money into the registry of court:
418	(a)1.  First $500, percent....3
419	2.  Each subsequent $100, percent....1.5
420	(b)  Eminent domain actions, per deposit....150.00
421	(11)  For examining, certifying, and recording plats and
422	for recording condominium exhibits larger than 14 inches by 81/2
423	inches:
424	(a)  First page....30.00
425	(b)  Each additional page....15.00
426	(12)  For recording, indexing, and filing any instrument
427	not more than 14 inches by 81/2 inches, including required
428	notice to property appraiser where applicable:
429	(a)  First page or fraction thereof....5.00
430	(b)  Each additional page or fraction thereof....4.00
431	(c)  For indexing instruments recorded in the official
432	records which contain more than four names, per additional
433	name....1.00
434	(d)  An additional service charge shall be paid to the
435	clerk of the circuit court to be deposited in the Public Records
436	Modernization Trust Fund for each instrument listed in s.
437	28.222, except judgments received from the courts and notices of
438	lis pendens, recorded in the official records:
439	1.  First page....1.00
440	2.  Each additional page....0.50
441
442	Said fund shall be held in trust by the clerk and used
443	exclusively for equipment and maintenance of equipment,
444	personnel training, and technical assistance in modernizing the
445	public records system of the office. In a county where the duty
446	of maintaining official records exists in an office other than
447	the office of the clerk of the circuit court, the clerk of the
448	circuit court is entitled to 25 percent of the moneys deposited
449	into the trust fund for equipment, maintenance of equipment,
450	training, and technical assistance in modernizing the system for
451	storing records in the office of the clerk of the circuit court.
452	The fund may not be used for the payment of travel expenses,
453	membership dues, bank charges, staff-recruitment costs, salaries
454	or benefits of employees, construction costs, general operating
455	expenses, or other costs not directly related to obtaining and
456	maintaining equipment for public records systems or for the
457	purchase of furniture or office supplies and equipment not
458	related to the storage of records. On or before December 1,
459	1995, and on or before December 1 of each year immediately
460	preceding each year during which the trust fund is scheduled for
461	legislative review under s. 19(f)(2), Art. III of the State
462	Constitution, each clerk of the circuit court shall file a
463	report on the Public Records Modernization Trust Fund with the
464	President of the Senate and the Speaker of the House of
465	Representatives. The report must itemize each expenditure made
466	from the trust fund since the last report was filed; each
467	obligation payable from the trust fund on that date; and the
468	percentage of funds expended for each of the following:
469	equipment, maintenance of equipment, personnel training, and
470	technical assistance. The report must indicate the nature of the
471	system each clerk uses to store, maintain, and retrieve public
472	records and the degree to which the system has been upgraded
473	since the creation of the trust fund.
474	(e)  An additional service charge of $4 per page shall be
475	paid to the clerk of the circuit court for each instrument
476	listed in s. 28.222, except judgments received from the courts
477	and notices of lis pendens, recorded in the official records.
478	From the additional $4 service charge collected:
479	1.  If the counties maintain legal responsibility for the
480	costs of the court-related technology needs as defined in s.
481	29.008(1)(f)2. and (h), 10 cents shall be distributed to the
482	Florida Association of Court Clerks and Comptroller, Inc., for
483	the cost of development, implementation, operation, and
484	maintenance of the clerks' Comprehensive Case Information
485	System, in which system all clerks shall participate on or
486	before January 1, 2006; $1.90 shall be retained by the clerk to
487	be deposited in the Public Records Modernization Trust Fund and
488	used exclusively for funding court-related technology needs of
489	the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
490	be distributed to the board of county commissioners to be used
491	exclusively to fund court-related technology, and court
492	technology needs as defined in s. 29.008(1)(f)2. and (h) for the
493	state trial courts, state attorney, and public defender, and
494	criminal conflict and civil regional counsel in that county. If
495	the counties maintain legal responsibility for the costs of the
496	court-related technology needs as defined in s. 29.008(1)(f)2.
497	and (h), notwithstanding any other provision of law, the county
498	is not required to provide additional funding beyond that
499	provided herein for the court-related technology needs of the
500	clerk as defined in s. 29.008(1)(f)2. and (h). All court records
501	and official records are the property of the State of Florida,
502	including any records generated as part of the Comprehensive
503	Case Information System funded pursuant to this paragraph and
504	the clerk of court is designated as the custodian of such
505	records, except in a county where the duty of maintaining
506	official records exists in a county office other than the clerk
507	of court or comptroller, such county office is designated the
508	custodian of all official records, and the clerk of court is
509	designated the custodian of all court records. The clerk of
510	court or any entity acting on behalf of the clerk of court,
511	including an association, shall not charge a fee to any agency
512	as defined in s. 119.011, the Legislature, or the State Court
513	System for copies of records generated by the Comprehensive Case
514	Information System or held by the clerk of court or any entity
515	acting on behalf of the clerk of court, including an
516	association.
517	2.  If the state becomes legally responsible for the costs
518	of court-related technology needs as defined in s.
519	29.008(1)(f)2. and (h), whether by operation of general law or
520	by court order, $4 shall be remitted to the Department of
521	Revenue for deposit into the General Revenue Fund.
522	(13)  Oath, administering, attesting, and sealing, not
523	otherwise provided for herein....3.00
524	(14)  For validating certificates, any authorized bonds,
525	each....3.00
526	(15)  For preparing affidavit of domicile....5.00
527	(16)  For exemplified certificates, including signing and
528	sealing....6.00
529	(17)  For authenticated certificates, including signing and
530	sealing....6.00
531	(18)(a)  For issuing and filing a subpoena for a witness,
532	not otherwise provided for herein (includes writing, preparing,
533	signing, and sealing)....6.00
534	(b)  For signing and sealing only....1.50
535	(19)  For approving bond....7.50
536	(20)  For searching of records, for each year's
537	search....1.50
538	(21)  For processing an application for a tax deed sale
539	(includes application, sale, issuance, and preparation of tax
540	deed, and disbursement of proceeds of sale), other than excess
541	proceeds....60.00
542	(22)  For disbursement of excess proceeds of tax deed sale,
543	first $100 or fraction thereof....10.00
544	(23)  Upon receipt of an application for a marriage
545	license, for preparing and administering of oath; issuing,
546	sealing, and recording of the marriage license; and providing a
547	certified copy....30.00
548	(24)  For solemnizing matrimony....30.00
549	(25)  For sealing any court file or expungement of any
550	record....37.50
551	(26)(a)  For receiving and disbursing all restitution
552	payments, per payment....3.00
553	(b)  For receiving and disbursing all partial payments,
554	other than restitution payments, for which an administrative
555	processing service charge is not imposed pursuant to s. 28.246,
556	per month....5.00
557	(c)  For setting up a payment plan, a one-time
558	administrative processing charge in lieu of a per month charge
559	under paragraph (b)....25.00
560	(27)  Postal charges incurred by the clerk of the circuit
561	court in any mailing by certified or registered mail shall be
562	paid by the party at whose instance the mailing is made.
563	(28)  For furnishing an electronic copy of information
564	contained in a computer database: a fee as provided for in
565	chapter 119.
566	Section 12.  Section 28.345, Florida Statutes, is amended
567	to read:
568	28.345  Exemption from court-related fees and
569	charges.--Notwithstanding any other provision of this chapter or
570	law to the contrary, judges and those court staff acting on
571	behalf of judges, state attorneys, guardians ad litem, public
572	guardians, attorneys ad litem, court-appointed private counsel,
573	criminal conflict and civil regional counsel, and public
574	defenders, acting in their official capacity, and state
575	agencies, are exempt from all court-related fees and charges
576	assessed by the clerks of the circuit courts.
577	Section 13.  Subsection (1) of section 29.001, Florida
578	Statutes, is amended to read:
579	29.001  State courts system elements and definitions.--
580	(1)  For the purpose of implementing s. 14, Art. V of the
581	State Constitution, the state courts system is defined to
582	include the enumerated elements of the Supreme Court, district
583	courts of appeal, circuit courts, county courts, and certain
584	supports thereto. The offices of public defenders and state
585	attorneys are defined to include the enumerated elements of the
586	20 state attorneys' offices and the enumerated elements of the
587	20 public defenders' offices and five offices of criminal
588	conflict and civil regional counsel. Court-appointed counsel are
589	defined to include the enumerated elements for counsel appointed
590	to ensure due process in criminal and civil proceedings in
591	accordance with state and federal constitutional guarantees.
592	Funding for the state courts system, the state attorneys'
593	offices, the public defenders' offices, the offices of criminal
594	conflict and civil regional counsel, and other court-appointed
595	counsel shall be provided from state revenues appropriated by
596	general law.
597	Section 14.  Section 29.006, Florida Statutes, is amended
598	to read:
599	29.006  Indigent defense costs.--For purposes of
600	implementing s. 14, Art. V of the State Constitution, the
601	elements of the public defenders' offices and criminal conflict
602	and civil regional counsel offices to be provided from state
603	revenues appropriated by general law are as follows:
604	(1)(a)  The public defender of each judicial circuit and
605	assistant public defenders and other staff as determined by
606	general law.
607	(b)  The regional counsel of each judicial district, the
608	assistant regional counsel, and other staff as determined by
609	general law.
610	(2)  Reasonable court reporting and transcription services
611	necessary to meet constitutional or statutory requirements,
612	including the cost of transcribing and copying depositions of
613	witnesses and the cost of foreign language and sign-language
614	interpreters and translators.
615	(3)  Witnesses, including expert witnesses, summoned to
616	appear for an investigation, preliminary hearing, or trial in a
617	case when the witnesses are summoned on behalf of an indigent
618	defendant, and any other expert witnesses required in a court
619	hearing by law or whomever the public defender or regional
620	counsel deems necessary for the performance of his or her
621	duties.
622	(4)  Mental health professionals appointed pursuant to s.
623	394.473 and required in a court hearing involving an indigent,
624	and mental health professionals appointed pursuant to s.
625	916.115(2) and required in a court hearing involving an
626	indigent.
627	(5)  Reasonable transportation services in the performance
628	of constitutional and statutory responsibilities. Motor vehicles
629	owned by counties and provided exclusively to public defenders
630	as of July 1, 2003, and any additional vehicles owned by the
631	counties and provided exclusively to public defenders during
632	fiscal year 2003-2004 shall be transferred by title to the state
633	effective July 1, 2004.
634	(6)  Travel expenses reimbursable under s. 112.061
635	reasonably necessary in the performance of constitutional and
636	statutory responsibilities.
637	(7)  Reasonable library and electronic legal research
638	services, other than a public law library.
639	(8)  Reasonable pretrial consultation fees and costs.
640	Section 15.  Subsections (1) and (2) of section 29.007,
641	Florida Statutes, are amended to read:
642	29.007  Court-appointed counsel.--For purposes of
643	implementing s. 14, Art. V of the State Constitution, the
644	elements of court-appointed counsel to be provided from state
645	revenues appropriated by general law are as follows:
646	(1)  Private attorneys appointed by the court to handle
647	cases where the defendant is indigent and cannot be represented
648	by the public defender or the office of criminal conflict and
649	civil regional counsel.
650	(2)  When the office of criminal conflict and civil
651	regional counsel has a conflict of interest, Private attorneys
652	appointed by the court to represent indigents or other classes
653	of litigants in civil proceedings requiring court-appointed
654	counsel in accordance with state and federal constitutional
655	guarantees and federal and state statutes.
656
657	Subsections (3), (4), (5), (6), and (7) apply when court-
658	appointed counsel is appointed; when the court determines that
659	the litigant is indigent for costs; or when the litigant is
660	acting pro se and the court determines that the litigant is
661	indigent for costs at the trial or appellate level. This section
662	applies in any situation in which the court appoints counsel to
663	protect a litigant's due process rights. The Justice
664	Administrative Commission shall approve uniform contract forms
665	for use in processing payments for due process services under
666	this section. In each case in which a private attorney
667	represents a person determined by the court to be indigent for
668	costs, the attorney shall execute the commission's contract for
669	private attorneys representing persons determined to be indigent
670	for costs.
671	Section 16.  Subsection (1) and paragraph (c) of subsection
672	(2) of section 29.008, Florida Statutes, are amended to read:
673	29.008  County funding of court-related functions.--
674	(1)  Counties are required by s. 14, Art. V of the State
675	Constitution to fund the cost of communications services,
676	existing radio systems, existing multiagency criminal justice
677	information systems, and the cost of construction or lease,
678	maintenance, utilities, and security of facilities for the
679	circuit and county courts, public defenders' offices, state
680	attorneys' offices, guardian ad litem offices, and the offices
681	of the clerks of the circuit and county courts performing court-
682	related functions. For purposes of this section, the term
683	"circuit and county courts" includes the offices and staffing of
684	the guardian ad litem programs, and the term "public defenders'
685	offices" includes the offices of criminal conflict and civil
686	regional counsel. The county designated under s. 35.05(1) as the
687	headquarters for each appellate district shall fund these costs
688	for the appellate division of the public defender's office in
689	that county. For purposes of implementing these requirements,
690	the term:
691	(a)  "Facility" means reasonable and necessary buildings
692	and office space and appurtenant equipment and furnishings,
693	structures, real estate, easements, and related interests in
694	real estate, including, but not limited to, those for the
695	purpose of housing legal materials for use by the general public
696	and personnel, equipment, or functions of the circuit or county
697	courts, public defenders' offices, state attorneys' offices, and
698	court-related functions of the office of the clerks of the
699	circuit and county courts and all storage. The term "facility"
700	includes all wiring necessary for court reporting services. The
701	term also includes access to parking for such facilities in
702	connection with such court-related functions that may be
703	available free or from a private provider or a local government
704	for a fee. The office space provided by a county may not be less
705	than the standards for space allotment adopted by the Department
706	of Management Services, except this requirement applies only to
707	facilities that are leased, or on which construction commences,
708	after June 30, 2003. County funding must include physical
709	modifications and improvements to all facilities as are required
710	for compliance with the Americans with Disabilities Act. Upon
711	mutual agreement of a county and the affected entity in this
712	paragraph, the office space provided by the county may vary from
713	the standards for space allotment adopted by the Department of
714	Management Services.
715	1.  As of July 1, 2005, Equipment and furnishings shall be
716	limited to that appropriate and customary for courtrooms,
717	hearing rooms, jury facilities, and other public areas in
718	courthouses and any other facility occupied by the courts, state
719	attorneys, public defenders, and guardians ad litem, and
720	criminal conflict and civil regional counsel. Court reporting
721	equipment in these areas or facilities is not a responsibility
722	of the county.
723	2.  Equipment and furnishings under this paragraph in
724	existence and owned by counties on July 1, 2005, except for that
725	in the possession of the clerks, for areas other than
726	courtrooms, hearing rooms, jury facilities, and other public
727	areas in courthouses and any other facility occupied by the
728	courts, state attorneys, and public defenders, shall be
729	transferred to the state at no charge. This provision does not
730	apply to any communications services as defined in paragraph
731	(f).
732	(b)  "Construction or lease" includes, but is not limited
733	to, all reasonable and necessary costs of the acquisition or
734	lease of facilities for all judicial officers, staff, jurors,
735	volunteers of a tenant agency, and the public for the circuit
736	and county courts, the public defenders' offices, state
737	attorneys' offices, and for performing the court-related
738	functions of the offices of the clerks of the circuit and county
739	courts. This includes expenses related to financing such
740	facilities and the existing and future cost and bonded
741	indebtedness associated with placing the facilities in use.
742	(c)  "Maintenance" includes, but is not limited to, all
743	reasonable and necessary costs of custodial and groundskeeping
744	services and renovation and reconstruction as needed to
745	accommodate functions for the circuit and county courts, the
746	public defenders' offices, and state attorneys' offices and for
747	performing the court-related functions of the offices of the
748	clerks of the circuit and county court and for maintaining the
749	facilities in a condition appropriate and safe for the use
750	intended.
751	(d)  "Utilities" means all electricity services for light,
752	heat, and power; natural or manufactured gas services for light,
753	heat, and power; water and wastewater services and systems,
754	stormwater or runoff services and systems, sewer services and
755	systems, all costs or fees associated with these services and
756	systems, and any costs or fees associated with the mitigation of
757	environmental impacts directly related to the facility.
758	(e)  "Security" includes but is not limited to, all
759	reasonable and necessary costs of services of law enforcement
760	officers or licensed security guards and all electronic,
761	cellular, or digital monitoring and screening devices necessary
762	to ensure the safety and security of all persons visiting or
763	working in a facility; to provide for security of the facility,
764	including protection of property owned by the county or the
765	state; and for security of prisoners brought to any facility.
766	This includes bailiffs while providing courtroom and other
767	security for each judge and other quasi-judicial officers.
768	(f)  "Communications services" are defined as any
769	reasonable and necessary transmission, emission, and reception
770	of signs, signals, writings, images, and sounds of intelligence
771	of any nature by wire, radio, optical, audio equipment, or other
772	electromagnetic systems and includes all facilities and
773	equipment owned, leased, or used by judges, clerks, public
774	defenders, state attorneys, guardians ad litem, criminal
775	conflict and civil regional counsel, and all staff of the state
776	courts system, state attorneys' offices, public defenders'
777	offices, and clerks of the circuit and county courts performing
778	court-related functions. Such system or services shall include,
779	but not be limited to:
780	1.  Telephone system infrastructure, including computer
781	lines, telephone switching equipment, and maintenance, and
782	facsimile equipment, wireless communications, cellular
783	telephones, pagers, and video teleconferencing equipment and
784	line charges. Each county shall continue to provide access to a
785	local carrier for local and long distance service and shall pay
786	toll charges for local and long distance service.
787	2.  All computer networks, systems and equipment, including
788	computer hardware and software, modems, printers, wiring,
789	network connections, maintenance, support staff or services
790	including any county-funded support staff located in the offices
791	of the circuit court, county courts, state attorneys, public
792	defenders, and guardians ad litem, and criminal conflict and
793	civil regional counsel; training, supplies, and line charges
794	necessary for an integrated computer system to support the
795	operations and management of the state courts system, the
796	offices of the public defenders, the offices of the state
797	attorneys, the guardian ad litem offices, the offices of
798	criminal conflict and civil regional counsel, and the offices of
799	the clerks of the circuit and county courts; and the capability
800	to connect those entities and reporting data to the state as
801	required for the transmission of revenue, performance
802	accountability, case management, data collection, budgeting, and
803	auditing purposes. The integrated computer system shall be
804	operational by July 1, 2006, and, at a minimum, permit the
805	exchange of financial, performance accountability, case
806	management, case disposition, and other data across multiple
807	state and county information systems involving multiple users at
808	both the state level and within each judicial circuit and be
809	able to electronically exchange judicial case background data,
810	sentencing scoresheets, and video evidence information stored in
811	integrated case management systems over secure networks. Once
812	the integrated system becomes operational, counties may reject
813	requests to purchase communications services included in this
814	subparagraph not in compliance with standards, protocols, or
815	processes adopted by the board established pursuant to former s.
816	29.0086.
817	3.  Courier messenger and subpoena services.
818	4.  Auxiliary aids and services for qualified individuals
819	with a disability which are necessary to ensure access to the
820	courts. Such auxiliary aids and services include, but are not
821	limited to, sign language interpretation services required under
822	the federal Americans with Disabilities Act other than services
823	required to satisfy due-process requirements and identified as a
824	state funding responsibility pursuant to ss. 29.004, 29.005,
825	29.006, and 29.007, real-time transcription services for
826	individuals who are hearing impaired, and assistive listening
827	devices and the equipment necessary to implement such
828	accommodations.
829	(g)  "Existing radio systems" includes, but is not limited
830	to, law enforcement radio systems that are used by the circuit
831	and county courts, the offices of the public defenders, the
832	offices of the state attorneys, and for court-related functions
833	of the offices of the clerks of the circuit and county courts.
834	This includes radio systems that were operational or under
835	contract at the time Revision No. 7, 1998, to Art. V of the
836	State Constitution was adopted and any enhancements made
837	thereafter, the maintenance of those systems, and the personnel
838	and supplies necessary for operation.
839	(h)  "Existing multiagency criminal justice information
840	systems" includes, but is not limited to, those components of
841	the multiagency criminal justice information system as defined
842	in s. 943.045, supporting the offices of the circuit or county
843	courts, the public defenders' offices, the state attorneys'
844	offices, or those portions of the offices of the clerks of the
845	circuit and county courts performing court-related functions
846	that are used to carry out the court-related activities of those
847	entities. This includes upgrades and maintenance of the current
848	equipment, maintenance and upgrades of supporting technology
849	infrastructure and associated staff, and services and expenses
850	to assure continued information sharing and reporting of
851	information to the state. The counties shall also provide
852	additional information technology services, hardware, and
853	software as needed for new judges and staff of the state courts
854	system, state attorneys' offices, public defenders' offices,
855	guardian ad litem offices, and the offices of the clerks of the
856	circuit and county courts performing court-related functions.
857	(2)  Counties shall pay reasonable and necessary salaries,
858	costs, and expenses of the state courts system, including
859	associated staff and expenses, to meet local requirements.
860	(c)  Local requirements under subparagraph (a)2. must be
861	determined by the following method:
862	1.  The chief judge of the circuit, in conjunction with the
863	state attorney and, the public defender, and the criminal
864	conflict and civil regional counsel only on matters that impact
865	their offices, shall identify all local requirements within the
866	circuit or within each county in the circuit and shall identify
867	the reasonable and necessary salaries, costs, and expenses to
868	meet these local requirements.
869	2.  On or before June 1 of each year, the chief judge shall
870	submit to the board of county commissioners a tentative budget
871	request for local requirements for the ensuing fiscal year. The
872	tentative budget must certify a listing of all local
873	requirements and the reasonable and necessary salaries, costs,
874	and expenses for each local requirement. The board of county
875	commissioners may, by resolution, require the certification to
876	be submitted earlier.
877	3.  The board of county commissioners shall thereafter
878	treat the certification in accordance with the county's
879	budgetary procedures. A board of county commissioners may:
880	a.  Determine whether to provide funding, and to what
881	extent it will provide funding, for salaries, costs, and
882	expenses under this section;
883	b.  Require a county finance officer to conduct a preaudit
884	review of any county funds provided under this section prior to
885	disbursement;
886	c.  Require review or audit of funds expended under this
887	section by the appropriate county office; and
888	d.  Provide additional financial support for the courts
889	system, state attorneys, or public defenders, or criminal
890	conflict and civil regional counsel.
891	Section 17.  Subsections (2), (3), and (5) of section
892	29.015, Florida Statutes, are amended to read:
893	29.015  Contingency fund; limitation of authority to
894	transfer funds in contracted due process services appropriation
895	categories.--
896	(2)  In the event that a state attorney or, public
897	defender, or criminal conflict and civil regional counsel incurs
898	a deficit in a contracted due process services appropriation
899	category or conflict counsel category, the following steps shall
900	be taken in order:
901	(a)  The state attorney or, public defender, or regional
902	counsel shall first attempt to identify surplus funds from other
903	appropriation categories within his or her office and submit a
904	budget amendment pursuant to chapter 216 to transfer funds from
905	within the office.
906	(b)  In the event that the state attorney or, public
907	defender, or regional counsel is unable to identify surplus
908	funds from within his or her office, he or she shall certify
909	this to the Justice Administrative Commission along with a
910	complete explanation of the circumstances which led to the
911	deficit and steps the office has taken to reduce or alleviate
912	the deficit. The Justice Administrative Commission shall inquire
913	as to whether any other office has surplus funds in its
914	contracted due process services appropriation categories which
915	can be transferred to the office that is experiencing the
916	deficit. If other offices indicate that surplus funds are
917	available within the same budget entity, the Justice
918	Administrative Commission shall transfer the amount needed to
919	fund the deficit and notify the Governor and the chair and vice
920	chair of the Legislative Budget Commission 14 days prior to a
921	transfer pursuant to the notice, review, and objection
922	provisions of s. 216.177. If funds appropriated for this purpose
923	are available in a different budget entity, the Justice
924	Administrative Commission shall request a budget amendment
925	pursuant to chapter 216.
926	(c)  If no office indicates that surplus funds are
927	available to alleviate the deficit, the Justice Administrative
928	Commission may request a budget amendment to transfer funds from
929	the contingency fund. Such transfers shall be in accordance with
930	all applicable provisions of chapter 216 and shall be subject to
931	review and approval by the Legislative Budget Commission. The
932	Justice Administrative Commission shall submit the documentation
933	provided by the office explaining the circumstances that led to
934	the deficit and the steps taken by the office and the Justice
935	Administrative Commission to identify surplus funds to the
936	Legislative Budget Commission.
937	(3)  In the event that there is a deficit in a statewide
938	contracted due process services appropriation category provided
939	for private court-appointed counsel necessary due to withdrawal
940	of the public defender and criminal conflict and civil regional
941	counsel due to an ethical conflict, the following steps shall be
942	taken in order:
943	(a)  The Justice Administrative Commission shall first
944	attempt to identify surplus funds from other contracted due
945	process services appropriation categories within the Justice
946	Administrative Commission and submit a budget amendment pursuant
947	to chapter 216 to transfer funds from within the commission.
948	(b)  In the event that the Justice Administrative
949	Commission is unable to identify surplus funds from within the
950	commission, the commission shall inquire of each of the public
951	defenders and regional counsel as to whether any office has
952	surplus funds in its contracted due process services
953	appropriations categories which can be transferred. If any
954	public defender or regional counsel office or offices indicate
955	that surplus funds are available, the Justice Administrative
956	Commission shall request a budget amendment to transfer funds
957	from the office or offices to alleviate the deficit upon
958	agreement of the contributing office or offices.
959	(c)  If no public defender or regional counsel office has
960	surplus funds available to alleviate the deficit, the Justice
961	Administrative Commission may request a budget amendment to
962	transfer funds from the contingency fund. Such transfers shall
963	be in accordance with all applicable provisions of chapter 216
964	and shall be subject to review and approval by the Legislative
965	Budget Commission. The Justice Administrative Commission shall
966	submit the documentation provided by the office explaining the
967	circumstances that led to the deficit and the steps taken by the
968	Justice Administrative Commission to identify surplus funds to
969	the Legislative Budget Commission.
970	(5)  Notwithstanding any provisions in chapter 216 to the
971	contrary, no office shall transfer funds from a contracted due
972	process services appropriation category or from a contingency
973	fund category authorized in this section except as specifically
974	authorized in this section. In addition, funds shall not be
975	transferred from a state attorney office to alleviate a deficit
976	in a public defender office or an office of criminal conflict
977	and civil regional counsel, and funds shall not be transferred
978	from a public defender office or regional counsel office to
979	alleviate a deficit in a state attorney office.
980	Section 18.  Section 29.018, Florida Statutes, is amended
981	to read:
982	29.018  Cost sharing of due-process services; legislative
983	intent.--It is the intent of the Legislature to provide state-
984	funded due-process services to the state courts system, state
985	attorneys, public defenders, criminal conflict and civil
986	regional counsel, and private court-appointed counsel in the
987	most cost-effective and efficient manner. The state courts
988	system, state attorneys, public defenders, criminal conflict and
989	civil regional counsel, and the Justice Administrative
990	Commission on behalf of private court-appointed counsel may
991	enter into contractual agreements to share, on a pro rata basis,
992	the costs associated with court reporting services, court
993	interpreter and translation services, court experts, and all
994	other due-process services funded by the state pursuant to this
995	chapter. These costs shall be budgeted within the funds
996	appropriated to each of the affected users of services.
997	Section 19.  Subsections (5) and (6) of section 43.16,
998	Florida Statutes, are amended to read:
999	43.16  Justice Administrative Commission; membership,
1000	powers and duties.--
1001	(5)  The duties of the commission shall include, but not be
1002	limited to, the following:
1003	(a)  The maintenance of a central state office for
1004	administrative services and assistance when possible to and on
1005	behalf of the state attorneys and public defenders of Florida,
1006	the capital collateral regional counsel of Florida, the criminal
1007	conflict and civil regional counsel, and the Guardian Ad Litem
1008	Program.
1009	(b)  Each state attorney and, public defender, and criminal
1010	conflict and civil regional counsel and the Guardian Ad Litem
1011	Program shall continue to prepare necessary budgets, vouchers
1012	that represent valid claims for reimbursement by the state for
1013	authorized expenses, and other things incidental to the proper
1014	administrative operation of the office, such as revenue
1015	transmittals to the Chief Financial Officer and automated
1016	systems plans, but will forward same to the commission for
1017	recording and submission to the proper state officer. However,
1018	when requested by a state attorney, a public defender, a
1019	criminal conflict and civil regional counsel, or the Guardian Ad
1020	Litem Program, the commission will either assist in the
1021	preparation of budget requests, voucher schedules, and other
1022	forms and reports or accomplish the entire project involved.
1023	(6)  The provisions contained in this section shall be
1024	supplemental to those of chapter 27, relating to state
1025	attorneys, public defenders, criminal conflict and civil
1026	regional counsel, and capital collateral regional counsel; to
1027	those of chapter 39, relating to the Guardian Ad Litem Program;
1028	or to other laws pertaining hereto.
1029	Section 20.  Subsections (6) and (7) of section 57.082,
1030	Florida Statutes, are renumbered as subsections (5) and (6),
1031	respectively, and present subsection (5) of that section is
1032	amended to read:
1033	57.082  Determination of civil indigent status.--
1034	(5)  APPOINTMENT OF COUNSEL.--In appointing counsel after a
1035	determination that a person is indigent under this section, the
1036	court shall first appoint the office of criminal conflict and
1037	civil regional counsel, as provided in s. 27.511, unless
1038	specific provision is made in law for the appointment of the
1039	public defender in the particular civil proceeding.
1040	Section 21.  Paragraph (y) of subsection (2) of section
1041	110.205, Florida Statutes, is amended to read:
1042	110.205  Career service; exemptions.--
1043	(2)  EXEMPT POSITIONS.--The exempt positions that are not
1044	covered by this part include the following:
1045	(y)  All officers and employees of the Justice
1046	Administrative Commission, Office of the State Attorney, Office
1047	of the Public Defender, regional offices of capital collateral
1048	counsel, offices of criminal conflict and civil regional
1049	counsel, and Statewide Guardian Ad Litem Office, including the
1050	circuit guardian ad litem programs.
1051	Section 22.  Subsection (2) of section 125.69, Florida
1052	Statutes, is amended to read:
1053	125.69  Penalties; enforcement by code inspectors.--
1054	(2)  Each county is authorized and required to pay any
1055	attorney appointed by the court to represent a defendant charged
1056	with a criminal violation of a special law or county ordinance
1057	not ancillary to a state charge if the defendant is indigent and
1058	otherwise entitled to court-appointed counsel under the
1059	Constitution of the United States or the Constitution of the
1060	State of Florida. In these cases, the court shall appoint
1061	counsel to represent the defendant in accordance with s. 27.40,
1062	and shall order the county to pay the reasonable attorney's
1063	fees, costs, and related expenses of the defense. The county may
1064	contract with the public defender or the office of criminal
1065	conflict and civil regional counsel for the judicial circuit in
1066	which the county is located to serve as court-appointed counsel
1067	pursuant to s. 27.54.
1068	Section 23.  Paragraph (qq) of subsection (1) of section
1069	216.011, Florida Statutes, is amended to read:
1070	216.011  Definitions.--
1071	(1)  For the purpose of fiscal affairs of the state,
1072	appropriations acts, legislative budgets, and approved budgets,
1073	each of the following terms has the meaning indicated:
1074	(qq)  "State agency" or "agency" means any official,
1075	officer, commission, board, authority, council, committee, or
1076	department of the executive branch of state government. For
1077	purposes of this chapter and chapter 215, "state agency" or
1078	"agency" includes, but is not limited to, state attorneys,
1079	public defenders, criminal conflict and civil regional counsel,
1080	capital collateral regional counsel, the Justice Administrative
1081	Commission, the Florida Housing Finance Corporation, and the
1082	Florida Public Service Commission. Solely for the purposes of
1083	implementing s. 19(h), Art. III of the State Constitution, the
1084	terms "state agency" or "agency" include the judicial branch.
1085	Section 24.  Paragraphs (c), (d), and (e) of subsection (3)
1086	of section 216.292, Florida Statutes, are amended to read:
1087	216.292  Appropriations nontransferable; exceptions.--
1088	(3)  The following transfers are authorized with the
1089	approval of the Executive Office of the Governor for the
1090	executive branch or the Chief Justice for the judicial branch,
1091	subject to the notice and objection provisions of s. 216.177:
1092	(c)  The transfer of appropriations for operations from
1093	general revenue between categories of appropriations within each
1094	criminal conflict and civil regional counsel budget entity. This
1095	paragraph expires July 1, 2008.
1096	(d)  The transfer of appropriations for operations from
1097	general revenue between criminal conflict and civil regional
1098	counsel budget entities. This paragraph expires July 1, 2008.
1099	(e)  The transfer of appropriations for operations from
1100	general revenue between criminal conflict and civil regional
1101	counsel budget entities and the child dependency and civil
1102	conflict case appropriation category and the criminal conflict
1103	case costs appropriation category within the Justice
1104	Administrative Commission. This paragraph expires July 1, 2008.
1105	Section 25.  Paragraphs (a) and (d) of subsection (2) of
1106	section 744.331, Florida Statutes, are amended to read:
1107	744.331  Procedures to determine incapacity.--
1108	(2)  ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.--
1109	(a)  When a court appoints an attorney for an alleged
1110	incapacitated person, the court must appoint the office of
1111	criminal conflict and civil regional counsel or a private
1112	attorney as prescribed in s. 27.511(6). A private attorney must
1113	be one who is included in the attorney registry compiled
1114	pursuant to s. 27.40. Appointments of private attorneys must be
1115	made on a rotating basis, taking into consideration conflicts
1116	arising under this chapter.
1117	(d)  Effective January 1, 2007, an attorney seeking to be
1118	appointed by a court for incapacity and guardianship proceedings
1119	must have completed a minimum of 8 hours of education in
1120	guardianship. A court may waive the initial training requirement
1121	for an attorney who has served as a court-appointed attorney in
1122	incapacity proceedings or as an attorney of record for guardians
1123	for not less than 3 years. The education requirement of this
1124	paragraph does not apply to the office of criminal conflict and
1125	civil regional counsel until July 1, 2008.
1126	Section 26.  Paragraph (a) of subsection (1), paragraph (a)
1127	of subsection (2), and subsections (3) and (5) of section
1128	938.29, Florida Statutes, are amended to read:
1129	938.29  Legal assistance; lien for payment of attorney's
1130	fees or costs.--
1131	(1)(a)  A defendant determined to be guilty of a criminal
1132	act by a court or jury or through a plea of guilty or nolo
1133	contendere and who has received the assistance of the public
1134	defender's office, a special assistant public defender, the
1135	office of criminal conflict and civil regional counsel, or a
1136	private conflict attorney, or who has received due process
1137	services after being found indigent for costs under s. 27.52,
1138	shall be liable for payment of attorney's fees and costs. The
1139	court shall determine the amount of the obligation. Such costs
1140	shall include, but not be limited to, the cost of depositions;
1141	cost of transcripts of depositions, including the cost of
1142	defendant's copy, which transcripts are certified by the
1143	defendant's attorney as having served a useful purpose in the
1144	disposition of the case; investigative costs; witness fees; the
1145	cost of psychiatric examinations; or other reasonable costs
1146	specially incurred by the state and the clerk of court for the
1147	defense of the defendant in criminal prosecutions. Costs shall
1148	not include expenses inherent in providing a constitutionally
1149	guaranteed jury trial or expenditures in connection with the
1150	maintenance and operation of government agencies that must be
1151	made by the public irrespective of specific violations of law.
1152	Any costs assessed pursuant to this paragraph shall be reduced
1153	by any amount assessed against a defendant pursuant to s.
1154	938.05.
1155	(2)(a)  There is created in the name of the state a lien,
1156	enforceable as hereinafter provided, upon all the property, both
1157	real and personal, of any person who:
1158	1.  Has received any assistance from any public defender of
1159	the state, from any special assistant public defender, from any
1160	office of criminal conflict and civil regional counsel, or from
1161	any private conflict attorney, or who has received due process
1162	services after being found indigent for costs; or
1163	2.  Is a parent of an accused minor or an accused adult
1164	tax-dependent person who is being, or has been, represented by
1165	any public defender of the state, by any special assistant
1166	public defender, by any office of criminal conflict and civil
1167	regional counsel, or by a private conflict attorney, or who is
1168	receiving or has received due process services after being found
1169	indigent for costs.
1170
1171	Such lien constitutes a claim against the defendant-recipient or
1172	parent and his or her estate, enforceable according to law.
1173	(3)  The clerk of the circuit court within the county
1174	wherein the defendant-recipient was tried or received the
1175	services of a public defender, special assistant public
1176	defender, office of criminal conflict and civil regional
1177	counsel, or appointed private legal counsel, or received due
1178	process services after being found indigent for costs, shall
1179	enforce, satisfy, compromise, settle, subordinate, release, or
1180	otherwise dispose of any debt or lien imposed under this
1181	section. A defendant-recipient or parent, liable to pay
1182	attorney's fees or costs and who is not in willful default in
1183	the payment thereof, may, at any time, petition the court which
1184	entered the order for deferral of the payment of attorney's fees
1185	or costs or of any unpaid portion thereof.
1186	(5)  The court having jurisdiction of the defendant-
1187	recipient shall, at such stage of the proceedings as the court
1188	may deem appropriate, determine the value of the services of the
1189	public defender, special assistant public defender, office of
1190	criminal conflict and civil regional counsel, or appointed
1191	private legal counsel and costs, at which time the defendant-
1192	recipient or parent, after adequate notice thereof, shall have
1193	opportunity to be heard and offer objection to the
1194	determination, and to be represented by counsel, with due
1195	opportunity to exercise and be accorded the procedures and
1196	rights provided in the laws and court rules pertaining to civil
1197	cases at law.
1198	Section 27.  Section 31 of chapter 2007-62, Laws of
1199	Florida, is repealed.
1200	Section 28.  This act shall take effect July 1, 2008.

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