Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE

Bill No. SB 1790

570872

604-06101-08

Proposed Committee Substitute by the Committee on Criminal and

Civil Justice Appropriations

A bill to be entitled

An act relating to the state judicial system; amending s.

27.511, F.S.; prescribing the types of civil proceedings

in which part-time assistant criminal conflict and civil

regional counsel may not otherwise engage; providing for

the public defender to handle criminal appeals in certain

cases for which trial representation was provided by the

office of criminal conflict and civil regional counsel;

providing an exception when the public defender has a

conflict; amending s. 27.52, F.S.; increasing the

application fee for determining indigent status for the

purpose of receiving criminal representation by state-

funded counsel; conforming provisions to changes made by

the act; amending s. 27.562, F.S.; specifying that certain

assessments collected from a defendant are in satisfaction

of the application fee for a determination of indigent

status; amending s. 28.24, F.S.; increasing charges for

services rendered by the clerk of the circuit court in

recording documents and instruments and performing other

duties; amending s. 28.2401, F.S.; increasing services

charges the clerk of court is authorized to charge in

probate matters; amending s. 28.241, F.S.; increasing

filing fees for civil actions in circuit court; conforming

provisions governing the remission of a portion of the

fees to the General Revenue Fund; providing for a portion

of the fees to be deposited in a designated trust fund in

support of mediation activities; increasing filing fees

for instituting certain appellate proceedings; amending s.

28.246, F.S.; reducing the maximum fee that may be charged

when the clerk uses a collection agent to collect unpaid

fees and costs; amending s. 28.35, F.S.; including the

provision of meals and lodging for jurors within the

court-related functions that the clerk of court may fund

through fees, service charges, court costs, and fines;

revising provisions to conform; clarifying duties of the

Florida Clerks of Court Operations Corporation; reenacting

s. 28.36(1), (2), (3)(a), (4), and (5), F.S., relating to

budget procedures of the clerks of court, to incorporate

the amendment to s. 28.35, F.S., in references thereto;

amending s. 34.041, F.S.; increasing filing fees for civil

actions in county court; conforming provisions governing

the remission of a portion of the fees to the General

Revenue Fund; providing for a portion of the fees to be

deposited in a designated trust fund in support of

mediation activities; amending s. 40.24, F.S.; providing

for jurors to be compensated by the clerk of the court

rather than the state; amending s. 40.26, F.S.; providing

for certain meals and lodging expenses for jurors to be

paid by the clerk of the court; amending s. 40.29, F.S.;

revising requirements for the clerk of the court relating

to payment of ordinary witnesses; including the criminal

conflict and regional civil counsel among the persons on

whose behalf the clerk of the court estimates funds for

payment of witnesses; eliminating a requirement that the

clerk of the court provide an estimate of certain juror

expenses; revising provisions to conform; amending s.

40.31, F.S.; revisions provisions to conform to the

payment of juror compensation from funds retained by the

clerk of the court; authorizing the Justice Administrative

Commission rather than the State Courts Administrator to

apportion certain funds for payment of witnesses by the

clerk of the court; amending s. 40.32, F.S.; requiring

that certain juror expenses be paid by the clerk of the

court from fees, service charges, court costs, and fines;

amending s. 40.33, F.S.; revising procedures related to a

deficiency in funds for the payment of witnesses; revising

provisions to conform; amending s. 40.34, F.S.;

eliminating requirements that the clerk of the court

prepare a juror payroll and provide copies to the State

Courts Administrator; repealing s. 40.35, F.S., relating

to an accounting by the clerk of the court to the State

Courts Administrator for funds for juror and witness

payments; amending s. 40.355, F.S.; revising requirements

for the clerk of the court to account for certain funds,

to conform to changes made by the act; amending s. 40.361,

F.S., relating to the applicability of certain state

budgeting laws; conforming a cross-reference; amending s.

44.108, F.S.; increasing fees for court-ordered mediation

services; requiring the clerk of the court to report the

fees collected and deposited into the Mediation and

Arbitration Trust Fund; amending s. 45.035, F.S.;

increasing service charges related to judicial sales

procedures; amending s. 55.505, F.S.; increasing a service

charge for issuing execution or process for enforcement of

a foreign judgment; amending s. 57.082, F.S.; creating an

application fee for a determination of indigent status and

appointment of an attorney in certain proceedings relating

to children; providing for fees collected to be deposited

into the Indigent Civil Defense Trust Fund; authorizing

the clerk of the court to retain a portion of the fees

collected; amending s. 61.14, F.S.; increasing service

charges related to enforcement and modification of

support, maintenance, or alimony agreements or orders;

amending s. 318.121, F.S.; specifying that a new

administrative fee for civil traffic violations is not

preempted; amending s. 318.14, F.S.; increasing the court

costs that are assessed in certain noncriminal traffic

cases; amending s. 318.15, F.S.; increasing the processing

fee when a person is adjudicated guilty after failing to

100

attend driver improvement school; amending s. 318.18,

101

F.S.; increasing fees, penalties, and court costs related

102

to certain traffic infractions; creating an administrative

103

fee for noncriminal moving and nonmoving traffic

104

violations; amending s. 322.245, F.S.; increasing

105

delinquency fees that are imposed for failing to comply

106

with traffic court directives and that must be paid to

107

avoid suspension of a driver's license; amending s.

108

327.73, F.S.; increasing dismissal fees and court costs

109

related to certain noncriminal vessel safety infractions;

110

increasing the maximum amount of court costs that may be

111

imposed; amending s. 372.83, F.S.; increasing the costs

112

assessed by the clerk or a hearing officer for verifying

113

that a person possesses a certain wildlife license or

114

permit; amending s. 713.24, F.S.; increasing the fees

115

charged by the clerk for making and serving a certificate

116

showing transfer of a lien from real property to certain

117

security; amending s. 721.83, F.S.; increasing the

118

additional filing fee for joining a timeshare estate in a

119

consolidated foreclosure action; amending s. 744.365,

120

F.S.; increasing the fee paid by a guardian from the

121

ward's property upon the filing of a verified inventory of

122

the ward's property; amending s. 744.3678, F.S.;

123

increasing the fees paid by a guardian from the ward's

124

estate as part of an annual accounting; amending s.

125

766.104, F.S.; increasing the filing fee for securing an

126

automatic extension of the statute of limitations to allow

127

for investigation in medical negligence cases; amending s.

128

938.05, F.S.; increasing the additional costs that a

129

person must pay in felony, misdemeanor, or criminal

130

traffic offenses; amending s. 938.27, F.S.; defining the

131

term "convicted" for purposes of paying the costs of

132

prosecution; providing for the imposition of such costs

133

notwithstanding a defendant's present ability to pay;

134

prescribing costs of prosecution; authorizing the court to

135

establish higher minimum costs of prosecution; amending s.

136

938.29, F.S.; providing that certain defendants are liable

137

for the application fee to determine indigent status for

138

purposes of appointing counsel; providing for distribution

139

of funds collected from a defendant for the application

140

fee, attorney's fees, and costs; prohibiting the Florida

141

Clerks of Court Operations Corporation from increasing

142

clerks budgets in a specified fiscal year based on

143

increased revenues under the act; authorizing the

144

corporation to increase budgets in the aggregate for

145

increased clerk duties related to the payment of juror

146

expenses; providing an effective date.

147

148

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

149

150

Section 1. Subsections (4) and (8) of section 27.511,

151

Florida Statutes, are amended to read:

152

27.511 Offices of criminal conflict and civil regional

153

counsel; legislative intent; qualifications; appointment;

154

duties.--

155

(4) Each regional counsel shall serve on a full-time basis

156

and may not engage in the private practice of law while holding

157

office. Assistant regional counsel shall give priority and

158

preference to their duties as assistant regional counsel and may

159

not otherwise engage in the practice of criminal law or in the

160

types of civil proceedings for which the state compensates

161

attorneys under s. 27.5304 for representation.

162

(8) The public defender, based on the district in which the

163

case was tried, office of criminal conflict and civil regional

164

counsel shall handle all circuit court appeals within the state

165

courts system and any authorized appeals to the federal courts

166

which are required in any criminal case cases in which the office

167

of criminal conflict and civil regional counsel is appointed

168

under this section, unless the public defender certifies to the

169

trial court that the public defender has a conflict consistent

170

with the criteria prescribed in s. 27.5303. If the public

171

defender has a conflict, the regional counsel shall handle the

172

appeal, unless the regional counsel has a conflict, in which case

173

the court shall appoint private counsel pursuant to s. 27.40.

174

Section 2. Paragraphs (b) and (c) of subsection (1) of

175

section 27.52, Florida Statutes, are amended to read:

176

27.52 Determination of indigent status.--

177

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

178

of a public defender under s. 27.51 based upon an inability to

179

pay must apply to the clerk of the court for a determination of

180

indigent status using an application form developed by the

181

Florida Clerks of Court Operations Corporation with final

182

approval by the Supreme Court.

183

(b) An applicant shall pay a $50 $40 application fee to the

184

clerk for each application for court-appointed counsel filed. The

185

applicant shall pay the fee within 7 days after submitting the

186

application. If the applicant does not pay the fee prior to the

187

disposition of the case, the clerk shall notify the court, and

188

the court shall:

189

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

190

a condition of probation; or

191

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

192

193

administrative order, the clerk shall assign the first $50 $40 of

194

any fees or costs paid by an indigent person as payment of the

195

application fee. A person found to be indigent may not be refused

196

counsel or other required due process services for failure to pay

197

the fee.

198

Section 3. Section 27.562, Florida Statutes, is amended to

199

read:

200

27.562 Disposition of funds.--The first $50 $40 of all

201

funds collected pursuant to s. 938.29 shall be deposited into the

202

Indigent Criminal Defense Trust Fund pursuant to s. 27.525 in

203

satisfaction of the application fee for a determination of

204

indigent status under s. 27.52 if the fee was not paid. The

205

remaining funds collected pursuant to s. 938.29 shall be

206

distributed as follows:

207

(1) Twenty-five percent shall be remitted to the Department

208

of Revenue for deposit into the Justice Administrative

209

Commission's Indigent Criminal Defense Trust Fund.

210

(2) Seventy-five percent shall be remitted to the

211

Department of Revenue for deposit into the General Revenue Fund.

212

213

The Justice Administrative Commission shall account for funds

214

deposited into the Indigent Criminal Defense Trust Fund by

215

circuit. Appropriations from the fund shall be proportional to

216

each circuit's collections. All judgments entered pursuant to

217

this part shall be in the name of the state.

218

Section 4. Section 28.24, Florida Statutes, is amended to

219

read:

220

28.24 Service charges by clerk of the circuit court.--The

221

clerk of the circuit court shall charge for services rendered by

222

the clerk's office in recording documents and instruments and in

223

performing the duties enumerated in amounts not to exceed those

224

specified in this section. Notwithstanding any other provision of

225

this section, the clerk of the circuit court shall provide

226

without charge to the state attorney, public defender, guardian

227

ad litem, public guardian, attorney ad litem, criminal conflict

228

and civil regional counsel, and private court-appointed counsel

229

paid by the state, and to the authorized staff acting on behalf

230

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

231

requesting party is entitled by law to view the exempt or

232

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

233

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

234

Florida Rules of Judicial Administration. The clerk of the

235

circuit court may provide the requested public record in an

236

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

237

accessed by the requesting entity.

238

239

Charges

240

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

241

certifying transcripts of record in appellate proceedings,

242

prepared by attorney for appellant or someone else other than

243

clerk, per page....5.00 4.50

244

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

245

record of appellate proceedings, per instrument....3.50 3.00

246

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

247

records....2.00 1.50

248

(4) For verifying any instrument presented for

249

certification prepared by someone other than clerk, per

250

page....3.50 3.00

251

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

252

instrument in the public records consisting of pages of not more

253

than 14 inches by 8 1/2 inches, per page....1.00

254

(b) For making copies by photographic process of any

255

instrument in the public records of more than 14 inches by 8 1/2

256

inches, per page....5.00

257

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

258

(a) 16 mm 100' microfilm roll....42.00 37.50

259

(b) 35 mm 100' microfilm roll....60.00 52.50

260

261

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

262

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

263

(8) For writing any paper other than herein specifically

264

mentioned, same as for copying, including signing and

265

sealing....7.00 6.00

266

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

267

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

268

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

269

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

270

(b) Eminent domain actions, per deposit....170.00 150.00

271

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

272

recording condominium exhibits larger than 14 inches by 8 1/2

273

inches:

274

(a) First page....30.00

275

(b) Each additional page....15.00

276

(12) For recording, indexing, and filing any instrument not

277

more than 14 inches by 8 1/2 inches, including required notice to

278

property appraiser where applicable:

279

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

280

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

281

282

records which contain more than four names, per additional

283

name....1.00

284

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

285

of the circuit court to be deposited in the Public Records

286

Modernization Trust Fund for each instrument listed in s. 28.222,

287

except judgments received from the courts and notices of lis

288

pendens, recorded in the official records:

289

1. First page....1.00

290

2. Each additional page....0.50

291

292

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

293

exclusively for equipment and maintenance of equipment, personnel

294

training, and technical assistance in modernizing the public

295

records system of the office. In a county where the duty of

296

maintaining official records exists in an office other than the

297

office of the clerk of the circuit court, the clerk of the

298

circuit court is entitled to 25 percent of the moneys deposited

299

into the trust fund for equipment, maintenance of equipment,

300

training, and technical assistance in modernizing the system for

301

storing records in the office of the clerk of the circuit court.

302

The fund may not be used for the payment of travel expenses,

303

membership dues, bank charges, staff-recruitment costs, salaries

304

or benefits of employees, construction costs, general operating

305

expenses, or other costs not directly related to obtaining and

306

maintaining equipment for public records systems or for the

307

purchase of furniture or office supplies and equipment not

308

related to the storage of records. On or before December 1, 1995,

309

and on or before December 1 of each year immediately preceding

310

each year during which the trust fund is scheduled for

311

legislative review under s. 19(f)(2), Art. III of the State

312

Constitution, each clerk of the circuit court shall file a report

313

on the Public Records Modernization Trust Fund with the President

314

of the Senate and the Speaker of the House of Representatives.

315

The report must itemize each expenditure made from the trust fund

316

since the last report was filed; each obligation payable from the

317

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

318

each of the following: equipment, maintenance of equipment,

319

personnel training, and technical assistance. The report must

320

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

321

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

322

system has been upgraded since the creation of the trust fund.

323

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

324

paid to the clerk of the circuit court for each instrument listed

325

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

326

notices of lis pendens, recorded in the official records. From

327

the additional $4 service charge collected:

328

1. If the counties maintain legal responsibility for the

329

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

330

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

331

Florida Association of Court Clerks and Comptroller, Inc., for

332

the cost of development, implementation, operation, and

333

maintenance of the clerks' Comprehensive Case Information System,

334

in which system all clerks shall participate on or before January

335

1, 2006; $1.90 shall be retained by the clerk to be deposited in

336

the Public Records Modernization Trust Fund and used exclusively

337

for funding court-related technology needs of the clerk as

338

defined in s. 29.008(1)(f)2. and (h); and $2 shall be distributed

339

to the board of county commissioners to be used exclusively to

340

fund court-related technology, and court technology needs as

341

defined in s. 29.008(1)(f)2. and (h) for the state trial courts,

342

state attorney, public defender, and criminal conflict and civil

343

regional counsel in that county. If the counties maintain legal

344

responsibility for the costs of the court-related technology

345

needs as defined in s. 29.008(1)(f)2. and (h), notwithstanding

346

any other provision of law, the county is not required to provide

347

additional funding beyond that provided herein for the court-

348

related technology needs of the clerk as defined in s.

349

29.008(1)(f)2. and (h). All court records and official records

350

are the property of the State of Florida, including any records

351

generated as part of the Comprehensive Case Information System

352

funded pursuant to this paragraph and the clerk of court is

353

designated as the custodian of such records, except in a county

354

where the duty of maintaining official records exists in a county

355

office other than the clerk of court or comptroller, such county

356

office is designated the custodian of all official records, and

357

the clerk of court is designated the custodian of all court

358

records. The clerk of court or any entity acting on behalf of the

359

clerk of court, including an association, shall not charge a fee

360

to any agency as defined in s. 119.011, the Legislature, or the

361

State Court System for copies of records generated by the

362

Comprehensive Case Information System or held by the clerk of

363

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

364

including an association.

365

2. If the state becomes legally responsible for the costs

366

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

367

and (h), whether by operation of general law or by court order,

368

$4 shall be remitted to the Department of Revenue for deposit

369

into the General Revenue Fund.

370

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

371

otherwise provided for herein....3.50 3.00

372

(14) For validating certificates, any authorized bonds,

373

each....3.50 3.00

374

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

375

(16) For exemplified certificates, including signing and

376

sealing....7.00 6.00

377

(17) For authenticated certificates, including signing and

378

sealing....7.00 6.00

379

(18)(a) For issuing and filing a subpoena for a witness,

380

not otherwise provided for herein (includes writing, preparing,

381

signing, and sealing)....7.00 6.00

382

(b) For signing and sealing only....2.00 1.50

383

(19) For approving bond....8.50 7.50

384

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

385

search....2.00 1.50

386

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

387

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

388

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

389

proceeds....60.00

390

(22) For disbursement of excess proceeds of tax deed sale,

391

first $100 or fraction thereof....10.00

392

(23) Upon receipt of an application for a marriage license,

393

for preparing and administering of oath; issuing, sealing, and

394

recording of the marriage license; and providing a certified

395

copy....30.00

396

(24) For solemnizing matrimony....30.00

397

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

398

record....42.00 37.50

399

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

400

payments, per payment....3.50 3.00

401

(b) For receiving and disbursing all partial payments,

402

other than restitution payments, for which an administrative

403

processing service charge is not imposed pursuant to s. 28.246,

404

per month....5.00

405

406

administrative processing charge in lieu of a per month charge

407

under paragraph (b)....25.00

408

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

409

court in any mailing by certified or registered mail shall be

410

paid by the party at whose instance the mailing is made.

411

(28) For furnishing an electronic copy of information

412

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

413

chapter 119.

414

Section 5. Subsection (1) of section 28.2401, Florida

415

Statutes, is amended to read:

416

28.2401 Service charges in probate matters.--

417

(1) Except when otherwise provided, the clerk may impose

418

service charges for the following services, not to exceed the

419

following amounts:

420

(a) For the opening of any estate of one document or more,

421

including, but not limited to, petitions and orders to approve

422

settlement of minor's claims; to open a safe-deposit box; to

423

enter rooms and places; for the determination of heirs, if not

424

formal administration; and for a foreign guardian to manage

425

property of a nonresident; but not to include issuance of letters

426

or order of summary administration....$115 $100

427

(b) Caveat....$40 $35

428

429

authenticated copies, exemplified copies, or transcript to

430

record....$115 $100

431

(d) For disposition of personal property without

432

administration....$115 $100

433

(e) Summary administration--estates valued at $1,000 or

434

more....$225 $200

435

(f) Summary administration--estates valued at less than

436

$1,000....$115 $100

437

(g) Formal administration, guardianship, ancillary,

438

curatorship, or conservatorship proceedings....$280 $250

439

(h) Guardianship proceedings of person only....$115 $100

440

(i) Veterans' guardianship pursuant to chapter 744....$115

441

$100

442

(j) Exemplified certificates....$7 $6

443

(k) Petition for determination of incompetency....$115 $100

444

Section 6. Subsections (1) and (2) of section 28.241,

445

Florida Statutes, are amended to read:

446

28.241 Filing fees for trial and appellate proceedings.--

447

(1)(a) The party instituting any civil action, suit, or

448

proceeding in the circuit court shall pay to the clerk of that

449

court a filing fee of up to $295 $250 in all cases in which there

450

are not more than five defendants and an additional filing fee of

451

up to $2.50 $2 for each defendant in excess of five. Of the first

452

$85 $55 in filing fees, $80 $50 must be remitted by the clerk to

453

the Department of Revenue for deposit into the General Revenue

454

Fund, and $5 must be remitted to the Department of Revenue for

455

deposit into the Department of Financial Services' Administrative

456

Trust Fund to fund the contract with the Florida Clerks of Court

457

Operations Corporation created in s. 28.35. The next $15 of the

458

filing fee collected shall be deposited in the state courts'

459

Mediation and Arbitration Trust Fund. One-third of any filing

460

fees collected by the clerk of the circuit court in excess of

461

$100 $55 shall be remitted to the Department of Revenue for

462

deposit into the Department of Revenue Clerks of the Court Trust

463

Fund. An additional filing fee of $4 shall be paid to the clerk.

464

The clerk shall remit $3.50 to the Department of Revenue for

465

deposit into the Court Education Trust Fund and shall remit 50

466

cents to the Department of Revenue for deposit into the

467

Department of Financial Services Administrative Trust Fund to

468

fund clerk education. An additional filing fee of up to $18 $15

469

shall be paid by the party seeking each severance that is

470

granted. The clerk may impose an additional filing fee of up to

471

$85 $75 for all proceedings of garnishment, attachment, replevin,

472

and distress. Postal charges incurred by the clerk of the circuit

473

court in making service by certified or registered mail on

474

defendants or other parties shall be paid by the party at whose

475

instance service is made. No additional fees, charges, or costs

476

shall be added to the filing fees imposed under this section,

477

except as authorized herein or by general law.

478

(b) A party reopening any civil action, suit, or proceeding

479

in the circuit court shall pay to the clerk of court a filing fee

480

set by the clerk in an amount not to exceed $50. For purposes of

481

this section, a case is reopened when a case previously reported

482

as disposed of is resubmitted to a court and includes petitions

483

for modification of a final judgment of dissolution. A party is

484

exempt from paying the fee for any of the following:

485

1. A writ of garnishment;

486

2. A writ of replevin;

487

3. A distress writ;

488

4. A writ of attachment;

489

5. A motion for rehearing filed within 10 days;

490

6. A motion for attorney's fees filed within 30 days after

491

entry of a judgment or final order;

492

7. A motion for dismissal filed after a mediation agreement

493

has been filed;

494

8. A disposition of personal property without

495

administration;

496

9. Any probate case prior to the discharge of a personal

497

representative;

498

10. Any guardianship pleading prior to discharge;

499

11. Any mental health pleading;

500

12. Motions to withdraw by attorneys;

501

13. Motions exclusively for the enforcement of child

502

support orders;

503

14. A petition for credit of child support;

504

15. A Notice of Intent to Relocate and any order issuing as

505

a result of an uncontested relocation;

506

16. Stipulations;

507

17. Responsive pleadings; or

508

18. Cases in which there is no initial filing fee.

509

(2) Upon the institution of any appellate proceeding from

510

any lower court to the circuit court of any such county,

511

including appeals filed by a county or municipality as provided

512

in s. 34.041(5), or from the circuit court to an appellate court

513

of the state, the clerk shall charge and collect from the party

514

or parties instituting such appellate proceedings a filing fee

515

not to exceed $280 $250 for filing a notice of appeal from the

516

county court to the circuit court and, in addition to the filing

517

fee required under s. 25.241 or s. 35.22, $100 $50 for filing a

518

notice of appeal from the circuit court to the district court of

519

appeal or to the Supreme Court. If the party is determined to be

520

indigent, the clerk shall defer payment of the fee. The clerk

521

shall remit the first $80 $50 to the Department of Revenue for

522

deposit into the General Revenue Fund. One-third of the fee

523

collected by the clerk in excess of $80 $50 also shall be

524

remitted to the Department of Revenue for deposit into the Clerks

525

of the Court Trust Fund.

526

Section 7. Subsection (6) of section 28.246, Florida

527

Statutes, is amended to read:

528

28.246 Payment of court-related fees, charges, and costs;

529

partial payments; distribution of funds.--

530

(6) A clerk of court may pursue the collection of any fees,

531

service charges, fines, court costs, and liens for the payment of

532

attorney's fees and costs pursuant to s. 938.29 which remain

533

unpaid for 90 days or more, or refer the account to a private

534

attorney who is a member in good standing of The Florida Bar or

535

collection agent who is registered and in good standing pursuant

536

to chapter 559. In pursuing the collection of such unpaid

537

financial obligations through a private attorney or collection

538

agent, the clerk of the court must have attempted to collect the

539

unpaid amount through a collection court, collections docket, or

540

other collections process, if any, established by the court, find

541

this to be cost-effective and follow any applicable procurement

542

practices. The collection fee, including any reasonable

543

attorney's fee, paid to any attorney or collection agent retained

544

by the clerk may be added to the balance owed in an amount not to

545

exceed 25 40 percent of the amount owed at the time the account

546

is referred to the attorney or agent for collection.

547

Section 8. Subsections (2) and (4) of section 28.35,

548

Florida Statutes, are amended to read:

549

28.35 Florida Clerks of Court Operations Corporation.--

550

(2) The duties of the corporation shall include the

551

following:

552

(a) Adopting a plan of operation.

553

(b) Conducting the election of directors as required in

554

paragraph (1)(a).

555

556

court-related fines, fees, service charges, and court costs

557

established by law to ensure reasonable and adequate funding of

558

the clerks of the court in the performance of their court-related

559

functions.

560

(d) Pursuant to contract with the Chief Financial Officer,

561

establishing a process for the review and certification of

562

proposed court-related budgets submitted by clerks of the court

563

for completeness and compliance with this section and ss. 28.36

564

and 28.37. This process shall be designed and be of sufficient

565

detail to permit independent verification and validation of the

566

budget certification. The contract shall specify the process to

567

be used in determining compliance by the corporation with this

568

section and ss. 28.36 and 28.37.

569

(e) Developing and certifying a uniform system of

570

performance measures and applicable performance standards for the

571

functions specified in paragraph (4)(a) and clerk performance in

572

meeting the performance standards. These measures and standards

573

shall be designed to facilitate an objective determination of the

574

performance of each clerk in accordance with minimum standards

575

for fiscal management, operational efficiency, and effective

576

collection of fines, fees, service charges, and court costs. When

577

the corporation finds a clerk has not met the performance

578

standards, the corporation shall identify the nature of each

579

deficiency and any corrective action recommended and taken by the

580

affected clerk of the court.

581

(f) Reviewing and certifying proposed budgets submitted by

582

clerks of the court utilizing the process approved by the Chief

583

Financial Officer pursuant to paragraph (d) for the purpose of

584

making the certification in paragraph (3)(a). As part of this

585

process, the corporation shall:

586

1. Calculate the maximum authorized annual budget pursuant

587

to the requirements of s. 28.36.

588

2. Identify those proposed budgets exceeding the maximum

589

annual budget pursuant to s. 28.36(5) for the standard list of

590

court-related functions specified in paragraph (4)(a).

591

3. Identify those proposed budgets containing funding for

592

items not included on the standard list of court-related

593

functions specified in developed pursuant to paragraph (4)(a)

594

(3)(a).

595

4. Identify those clerks projected to have court-related

596

revenues insufficient to fund their anticipated court-related

597

expenditures.

598

(g) Developing and conducting clerk education programs.

599

(h) Publishing a uniform schedule of actual fees, service

600

charges, and costs charged by a clerk of the court for court-

601

related functions pursuant to general law.

602

(4)(a) The list of court-related functions clerks may fund

603

from filing fees, service charges, court costs, and fines shall

604

be limited to those functions expressly authorized by law or

605

court rule. Those functions must include the following: case

606

maintenance; records management; court preparation and

607

attendance; processing the assignment, reopening, and

608

reassignment of cases; processing of appeals; collection and

609

distribution of fines, fees, service charges, and court costs;

610

processing of bond forfeiture payments; payment of jurors and

611

witnesses; payment of expenses for meals or lodging provided to

612

jurors; data collection and reporting; processing of jurors;

613

determinations of indigent status; and reasonable administrative

614

support costs to enable the clerk of the court to carry out these

615

court-related functions.

616

(b) The list of functions clerks may not fund from filing

617

fees, service charges, court costs, and fines shall include:

618

1. Those functions not specified within paragraph (a).

619

2. Functions assigned by administrative orders which are

620

not required for the clerk to perform the functions in paragraph

621

(a).

622

3. Enhanced levels of service which are not required for

623

the clerk to perform the functions in paragraph (a).

624

4. Functions identified as local requirements in law or

625

local optional programs.

626

627

charges, and costs charged by a clerk of the court for court-

628

related functions pursuant to general law.

629

Section 9. For the purpose of incorporating the amendment

630

made by this act to section 28.35, Florida Statutes, in

631

references thereto, subsections (1) and (2), paragraph (a) of

632

subsection (3), and subsections (4) and (5) of section 28.36,

633

Florida Statutes, are reenacted to read:

634

28.36 Budget procedure.--There is hereby established a

635

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

636

the court.

637

(1) Only those functions on the standard list developed

638

pursuant to s. 28.35(4)(a) may be funded from fees, service

639

charges, court costs, and fines retained by the clerks of the

640

court. No clerk may use fees, service charges, court costs, and

641

fines in excess of the maximum budget amounts as established in

642

subsection (5).

643

(2) For the period July 1, 2004, through September 30,

644

2004, and for each county fiscal year ending September 30

645

thereafter, each clerk of the court shall prepare a budget

646

relating solely to the performance of the standard list of court-

647

related functions pursuant to s. 28.35(4)(a).

648

(3) Each proposed budget shall further conform to the

649

following requirements:

650

(a) On or before August 15 for each fiscal year thereafter,

651

the proposed budget shall be prepared, summarized, and submitted

652

by the clerk in each county to the Clerks of Court Operations

653

Corporation in the manner and form prescribed by the corporation.

654

The proposed budget must provide detailed information on the

655

anticipated revenues available and expenditures necessary for the

656

performance of the standard list of court-related functions of

657

the clerk's office developed pursuant to s. 28.35(4)(a) for the

658

county fiscal year beginning the following October 1.

659

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

660

plus projected revenues from fines, fees, service charges, and

661

costs for court-related services are insufficient to meet the

662

anticipated expenditures for the standard list of court-related

663

functions in s. 28.35(4)(a) performed by his or her office, the

664

clerk must report the revenue deficit to the Clerks of Court

665

Operations Corporation in the manner and form prescribed by the

666

corporation pursuant to contract with the Chief Financial

667

Officer. The corporation shall verify that the proposed budget is

668

limited to the standard list of court-related functions in s.

669

28.35(4)(a).

670

(a) If the corporation verifies that the proposed budget is

671

limited to the standard list of court-related functions in s.

672

28.35(4)(a) and a revenue deficit is projected, a clerk seeking

673

to retain revenues pursuant to this subsection shall increase all

674

fees, service charges, and any other court-related clerk fees and

675

charges to the maximum amounts specified by law or the amount

676

necessary to resolve the deficit, whichever is less. If, after

677

increasing fees, service charges, and any other court-related

678

clerk fees and charges to the maximum amounts specified by law, a

679

revenue deficit is still projected, the corporation shall,

680

pursuant to the terms of the contract with the Chief Financial

681

Officer, certify a revenue deficit and notify the Department of

682

Revenue that the clerk is authorized to retain revenues, in an

683

amount necessary to fully fund the projected revenue deficit,

684

which he or she would otherwise be required to remit to the

685

Department of Revenue for deposit into the Department of Revenue

686

Clerks of the Court Trust Fund pursuant to s. 28.37. If a revenue

687

deficit is projected for that clerk after retaining all of the

688

projected collections from the court-related fines, fees, service

689

charges, and costs, the Department of Revenue shall certify the

690

amount of the revenue deficit amount to the Executive Office of

691

the Governor and request release authority for funds appropriated

692

for this purpose from the Department of Revenue Clerks of the

693

Court Trust Fund. Notwithstanding provisions of s. 216.192

694

related to the release of funds, the Executive Office of the

695

Governor may approve the release of funds appropriated to resolve

696

projected revenue deficits in accordance with the notice, review,

697

and objection procedures set forth in s. 216.177 and shall

698

provide notice to the Chief Financial Officer. The Department of

699

Revenue is directed to request monthly distributions from the

700

Chief Financial Officer in equal amounts to each clerk certified

701

to have a revenue deficit, in accordance with the releases

702

approved by the Governor.

703

(b) If the Chief Financial Officer finds the court-related

704

budget proposed by a clerk includes functions not included in the

705

standard list of court-related functions in s. 28.35(4)(a), the

706

Chief Financial Officer shall notify the clerk of the amount of

707

the proposed budget not eligible to be funded from fees, service

708

charges, costs, and fines for court-related functions and shall

709

identify appropriate corrective measures to ensure budget

710

integrity. The clerk shall then immediately discontinue all

711

ineligible expenditures of court-related funds for this purpose

712

and reimburse the Clerks of the Court Trust Fund for any

713

previously ineligible expenditures made for non-court-related

714

functions, and shall implement any corrective actions identified

715

by the Chief Financial Officer.

716

(5)(a) For the county fiscal year October 1, 2004, through

717

September 30, 2005, the maximum annual budget amount for the

718

standard list of court-related functions of the clerks of court

719

in s. 28.35(4)(a) that may be funded from fees, service charges,

720

court costs, and fines retained by the clerks of the court shall

721

not exceed:

722

1. One hundred and three percent of the clerk's estimated

723

expenditures for the prior county fiscal year; or

724

2. One hundred and five percent of the clerk's estimated

725

expenditures for the prior county fiscal year for those clerks in

726

counties that for calendar years 1998-2002 experienced an average

727

annual increase of at least 5 percent in both population and case

728

filings for all case types as reported through the Summary

729

Reporting System used by the state courts system.

730

(b) For the county fiscal year 2005-2006, the maximum

731

budget amount for the standard list of court-related functions of

732

the clerks of court in s. 28.35(4)(a) that may be funded from

733

fees, service charges, court costs, and fines retained by the

734

clerks of the court shall be the approved budget for county

735

fiscal year 2004-2005 adjusted by the projected percentage change

736

in revenue between the county fiscal years 2004-2005 and 2005-

737

2006.

738

739

the maximum budget amount for the standard list of court-related

740

functions of the clerks of court in s. 28.35(4)(a) that may be

741

funded from fees, service charges, court costs, and fines

742

retained by the clerks of the court shall be established by first

743

rebasing the prior fiscal year budget to reflect the actual

744

percentage change in the prior fiscal year revenue and then

745

adjusting the rebased prior fiscal year budget by the projected

746

percentage change in revenue for the proposed budget year. The

747

rebasing calculations and maximum annual budget calculations

748

shall be as follows:

749

1. For county fiscal year 2006-2007, the approved budget

750

for county fiscal year 2004-2005 shall be adjusted for the actual

751

percentage change in revenue between the two 12-month periods

752

ending June 30, 2005, and June 30, 2006. This result is the

753

rebased budget for the county fiscal year 2005-2006. Then the

754

rebased budget for the county fiscal year 2005-2006 shall be

755

adjusted by the projected percentage change in revenue between

756

the county fiscal years 2005-2006 and 2006-2007. This result

757

shall be the maximum annual budget amount for the standard list

758

of court-related functions of the clerks of court in s.

759

28.35(4)(a) that may be funded from fees, service charges, court

760

costs, and fines retained by the clerks of the court for each

761

clerk for the county fiscal year 2006-2007.

762

2. For county fiscal year 2007-2008, the rebased budget for

763

county fiscal year 2005-2006 shall be adjusted for the actual

764

percentage change in revenue between the two 12-month periods

765

ending June 30, 2006, and June 30, 2007. This result is the

766

rebased budget for the county fiscal year 2006-2007. The rebased

767

budget for county fiscal year 2006-2007 shall be adjusted by the

768

projected percentage change in revenue between the county fiscal

769

years 2006-2007 and 2007-2008. This result shall be the maximum

770

annual budget amount for the standard list of court-related

771

functions of the clerks of court in s. 28.35(4)(a) that may be

772

funded from fees, service charges, court costs, and fines

773

retained by the clerks of the court for county fiscal year 2007-

774

2008.

775

3. For county fiscal years 2008-2009 and thereafter, the

776

maximum budget amount for the standard list of court-related

777

functions of the clerks of court in s. 28.35(4)(a) that may be

778

funded from fees, service charges, court costs, and fines

779

retained by the clerks of the court shall be calculated as the

780

rebased budget for the prior county fiscal year adjusted by the

781

projected percentage change in revenues between the prior county

782

fiscal year and the county fiscal year for which the maximum

783

budget amount is being authorized. The rebased budget for the

784

prior county fiscal year shall always be calculated by adjusting

785

the rebased budget for the year preceding the prior county fiscal

786

year by the actual percentage change in revenues between the 12-

787

month period ending June 30 of the year preceding the prior

788

county fiscal year and the 12-month period ending June 30 of the

789

prior county fiscal year.

790

Section 10. Subsection (1) of section 34.041, Florida

791

Statutes, is amended to read:

792

34.041 Filing fees.--

793

(1)(a) Upon the institution of any civil action, suit, or

794

proceeding in county court, the party shall pay the following

795

filing fee, not to exceed:

796

1. For all claims less than $100....$50.

797

2. For all claims of $100 or more but not more than

798

$500....$75.

799

3. For all claims of more than $500 but not more than

800

$2,500....$170 $150.

801

4. For all claims of more than $2,500....$295 $250.

802

5. In addition, for all proceedings of garnishment,

803

attachment, replevin, and distress....$100 $75.

804

6. For removal of tenant action....$265 $75.

805

(b) The first $80 $50 of the filing fee collected under

806

subparagraph (a)4. shall be remitted to the Department of Revenue

807

for deposit into the General Revenue Fund. The next $15 of the

808

filing fee collected under subparagraph (a)4., and the first $15

809

of each filing fee collected under subparagraph (a)5. or

810

subparagraph (a)6., shall be deposited in the state courts'

811

Mediation and Arbitration Trust Fund. One-third of any filing

812

fees collected by the clerk under this section in excess of the

813

first $95 $50 collected under subparagraph (a)4. shall be

814

remitted to the Department of Revenue for deposit into the

815

Department of Revenue Clerks of the Court Trust Fund. An

816

additional filing fee of $4 shall be paid to the clerk. The clerk

817

shall transfer $3.50 to the Department of Revenue for deposit

818

into the Court Education Trust Fund and shall transfer 50 cents

819

to the Department of Revenue for deposit into the Department of

820

Financial Services' Administrative Trust Fund to fund clerk

821

education. Postal charges incurred by the clerk of the county

822

court in making service by mail on defendants or other parties

823

shall be paid by the party at whose instance service is made.

824

Except as provided herein, filing fees and service charges for

825

performing duties of the clerk relating to the county court shall

826

be as provided in ss. 28.24 and 28.241. Except as otherwise

827

provided herein, all filing fees shall be retained as fee income

828

of the office of the clerk of circuit court. Filing fees imposed

829

by this section may not be added to any penalty imposed by

830

chapter 316 or chapter 318.

831

Section 11. Subsections (3), (4), and (5) of section 40.24,

832

Florida Statutes, are amended to read:

833

40.24 Compensation and reimbursement policy.--

834

(3)(a) Jurors who are regularly employed and who continue

835

to receive regular wages while serving as a juror are not

836

entitled to receive compensation from the clerk of the circuit

837

court state for the first 3 days of juror service.

838

(b) Jurors who are not regularly employed or who do not

839

continue to receive regular wages while serving as a juror are

840

entitled to receive $15 per day for the first 3 days of juror

841

service.

842

(4) Each juror who serves more than 3 days is entitled to

843

be paid by the clerk of the circuit court state for the fourth

844

day of service and each day thereafter at the rate of $30 per day

845

of service.

846

(5) Jurors are not entitled to additional reimbursement by

847

the clerk of the circuit court state for travel or other out-of-

848

pocket expenses.

849

Section 12. Section 40.26, Florida Statutes, is amended to

850

read:

851

40.26 Meals and lodging for jurors.--The sheriff, when

852

required by order of the court, shall provide juries with meals

853

and lodging, the expense to be taxed against and paid by the

854

clerk of the circuit court state.

855

Section 13. Section 40.29, Florida Statutes, is amended to

856

read:

857

40.29 Payment of due-process costs.--

858

(1)(a) Each clerk of the circuit court, on behalf of the

859

courts, the state attorney, private court-appointed counsel, and

860

the public defender, and the criminal conflict and civil regional

861

counsel, shall forward to the Justice Administrative Commission,

862

by county, a quarterly estimate of funds necessary to pay for

863

ordinary witnesses, including, but not limited to, witnesses in

864

civil traffic cases and witnesses of the state attorney, the

865

public defender, criminal conflict and civil regional counsel,

866

private court-appointed counsel, and persons determined to be

867

indigent for costs. Each quarter of the state fiscal year, the

868

commission, based upon the estimates, shall advance funds to each

869

clerk to pay for these ordinary witnesses from state funds

870

specifically appropriated for the payment of ordinary witnesses.

871

(b) Each clerk of the circuit court shall forward to the

872

Office of the State Courts Administrator, by county, a quarterly

873

estimate of funds necessary to pay juror compensation.

874

(2) Upon receipt of an estimate pursuant to subsection (1),

875

the Justice Administrative Commission or Office of State Courts

876

Administrator, as applicable, shall endorse the amount deemed

877

necessary for payment by the clerk of the court during the

878

quarterly fiscal period and shall submit a request for payment to

879

the Chief Financial Officer.

880

(3) Upon receipt of the funds from the Chief Financial

881

Officer, the clerk of the court shall pay all invoices approved

882

and submitted by the state attorney, the public defender,

883

criminal conflict and civil regional counsel, and private court-

884

appointed counsel circuit court administrator for the items

885

enumerated in subsection paragraphs (1)(a) and (b).

886

(4) After review for compliance with applicable rates and

887

requirements, the Justice Administrative Commission shall pay all

888

due process service related invoices, except those enumerated in

889

subsection paragraphs (1)(a) and (b), approved and submitted by

890

the state attorney, the public defender, criminal conflict and

891

civil regional counsel, or private court-appointed counsel in

892

accordance with the applicable requirements of ss. 29.005,

893

29.006, and 29.007.

894

Section 14. Section 40.31, Florida Statutes, is amended to

895

read:

896

40.31 Justice Administrative Commission State Courts

897

Administrator may apportion appropriation.--If the Justice

898

Administrative Commission has State Courts Administrator shall

899

have reason to believe that the amount appropriated by the

900

Legislature is insufficient to meet the expenses of jurors and

901

witnesses during the remaining part of the state fiscal year, the

902

commission he or she may apportion the money in the treasury for

903

that purpose among the several counties, basing such

904

apportionment upon the amount expended for the payment of jurors

905

and witnesses in each county during the prior fiscal year. In

906

such case, each county shall be paid by warrant, issued by the

907

Chief Financial Officer, only the amount so apportioned to each

908

county, and, when the amount so apportioned is insufficient to

909

pay in full all the jurors and witnesses during a quarterly

910

fiscal period, the clerk of the court shall apportion the money

911

received pro rata among the jurors and witnesses entitled to pay

912

and shall give to each juror or witness a certificate of the

913

amount of compensation still due, which certificate shall be held

914

by the commission State Courts Administrator as other demands

915

against the state.

916

Section 15. Section 40.32, Florida Statutes, is amended to

917

read:

918

40.32 Clerks to disburse money; payments to jurors and

919

witnesses.--

920

(1) All moneys drawn from the treasury under the provisions

921

of this chapter by the clerk of the court shall be disbursed by

922

the clerk of the court as far as needed in payment of jurors and

923

witnesses, except for expert witnesses paid under pursuant to a

924

contract or other professional services agreement pursuant to ss.

925

29.004, 29.005, 29.006, and 29.007, for the legal compensation

926

for service during the quarterly fiscal period for which the said

927

moneys were drawn and for no other purposes.

928

(2) The payment of jurors and the payment of expenses for

929

meals and lodging for jurors under the provisions of this chapter

930

are court-related functions that the clerk of the court shall

931

fund from filing fees, service charges, court costs, and fines as

932

part of the maximum annual budget under ss. 28.35 and 28.36.

933

(3) Jurors and witnesses shall be paid by the clerk of the

934

court either in cash or by warrant within 20 days after

935

completion of jury service or of completion of service as a

936

witness.

937

(a) Whenever the clerk of the court pays a juror or witness

938

by cash, the said juror or witness shall sign the payroll in the

939

presence of the clerk, a deputy clerk, or some other person

940

designated by the clerk.

941

(b) Whenever the clerk pays a juror or witness by warrant,

942

he or she shall endorse on the payroll opposite the juror's or

943

witness's name the words "Paid by warrant," giving the number and

944

date of the warrant.

945

Section 16. Section 40.33, Florida Statutes, is amended to

946

read:

947

40.33 Deficiency.--If the funds required for payment of the

948

items enumerated in s. 40.29(1)(a) or (b) in any county during a

949

quarterly fiscal period exceeds the amount of the funds provided

950

pursuant to s. 40.29(3), the state attorney, or public defender,

951

or criminal conflict and civil regional counsel, as applicable,

952

shall make a further request upon the Justice Administrative

953

Commission for the items enumerated in s. 40.29(1) s. 40.29(1)(a)

954

or the clerk of court shall make a further request upon the

955

Office of the State Courts Administrator for items enumerated in

956

s. 40.29(1)(b) for the amount necessary to allow for full

957

payment.

958

Section 17. Section 40.34, Florida Statutes, is amended to

959

read:

960

40.34 Clerks to make triplicate payroll.--

961

(1) The clerk of the court shall make out a payroll in

962

triplicate for the payment of jurors and witnesses, which payroll

963

shall contain:

964

(a) The name of each juror and witness entitled to be paid

965

with state funds;

966

(b) The number of days for which the such jurors and

967

witnesses are entitled to be paid;

968

969

(d) The total compensation each such juror or witness is

970

entitled to receive.

971

(2) The form of such payroll shall be prescribed by the

972

Chief Financial Officer.

973

(3) Compensation paid a witness or juror shall be attested

974

as provided in s. 40.32. The payroll shall be approved by the

975

signature of the clerk, or his or her deputy, except for the

976

payroll as to witnesses appearing before the state attorney,

977

which payroll shall be approved by the signature of the state

978

attorney or an assistant state attorney.

979

(4) The clerks of the courts shall forward two copies of

980

such payrolls to the State Courts Administrator, within 2 weeks

981

after the last day of the quarterly fiscal period, and the State

982

Courts Administrator shall audit such payrolls.

983

Section 18. Section 40.35, Florida Statutes, is repealed.

984

Section 19. Section 40.355, Florida Statutes, is amended to

985

read:

986

40.355 Accounting and payment to public defenders and state

987

attorneys.--The clerk of the court shall, within 2 weeks after

988

the last day of the state's quarterly fiscal period, render to

989

the state attorney, and the public defender, and the criminal

990

conflict and civil regional counsel in each circuit a full

991

statement of accounts for state moneys received and disbursed

992

under this chapter for the payment of witnesses.

993

Section 20. Section 40.361, Florida Statutes, is amended to

994

read:

995

40.361 Applicability of laws regarding state budgeting and

996

finances.--The requirements contained within chapter 216,

997

including the provisions of s. 216.192 related to release of

998

funds, chapter 29, including ss. 29.015 and 29.016 related to use

999

of contingency funds for due process services, and all other laws

1000

of this state relating to state budgeting and financing shall

1001

apply to all processes authorized or required under this chapter

1002

for the payment of the items enumerated in s. 40.29(1)(a) and

1003

(b).

1004

Section 21. Section 44.108, Florida Statutes, is amended to

1005

read:

1006

44.108 Funding of mediation and arbitration.--

1007

(1) Mediation and arbitration should be accessible to all

1008

parties regardless of financial status. A filing fee of $1 is

1009

levied on all civil proceedings in the circuit or county courts

1010

to fund mediation and arbitration services which are the

1011

responsibility of the Supreme Court pursuant to the provisions of

1012

s. 44.106. The clerk of the court shall forward the moneys

1013

collected to the Department of Revenue for deposit in the state

1014

courts' Mediation and Arbitration Trust Fund.

1015

(2) When court-ordered mediation services are provided by a

1016

circuit court's mediation program, the following fees, unless

1017

otherwise established in the General Appropriations Act, shall be

1018

collected by the clerk of court:

1019

(a) One-hundred twenty Eighty dollars per person per

1020

scheduled session in family mediation when the parties' combined

1021

income is greater than $50,000, but less than $100,000 per year;

1022

(b) Sixty Forty dollars per person per scheduled session in

1023

family mediation when the parties' combined income is less than

1024

$50,000; or

1025

1026

county court cases.

1027

1028

No mediation fees shall be assessed under this subsection in

1029

residential eviction cases, against a party found to be indigent,

1030

or for any small claims action. Fees collected by the clerk of

1031

court pursuant to this section shall be remitted to the

1032

Department of Revenue for deposit into the state courts'

1033

Mediation and Arbitration Trust Fund to fund court-ordered

1034

mediation. The clerk of court may deduct $1 per fee assessment

1035

for processing this fee. The clerk of the court shall submit to

1036

the chief judge of the circuit and to the Office of the State

1037

Courts Administrator, no later than 30 days after the end of each

1038

quarter of the fiscal year, beginning July 1, 2008, a report

1039

specifying the amount of funds collected and remitted to the

1040

state courts' Mediation and Arbitration Trust Fund under this

1041

section and any other section during the previous each quarter of

1042

the fiscal year. In addition to identifying the total aggregate

1043

collections and remissions from all statutory sources, the report

1044

must identify collections and remissions by each statutory

1045

source.

1046

Section 22. Section 45.035, Florida Statutes, is amended to

1047

read:

1048

45.035 Clerk's fees.--In addition to other fees or service

1049

charges authorized by law, the clerk shall receive service

1050

charges related to the judicial sales procedure set forth in ss.

1051

45.031-45.034 and this section:

1052

(1) The clerk shall receive a service charge of $70 $60 for

1053

services in making, recording, and certifying the sale and title,

1054

which service charge shall be assessed as costs and shall be

1055

advanced by the plaintiff before the sale.

1056

(2) If there is a surplus resulting from the sale, the

1057

clerk may receive the following service charges, which shall be

1058

deducted from the surplus:

1059

(a) The clerk may withhold the sum of $28 $25 from the

1060

surplus which may only be used for purposes of educating the

1061

public as to the rights of homeowners regarding foreclosure

1062

proceedings.

1063

(b) The clerk is entitled to a service charge of $15 $10

1064

for notifying a surplus trustee of his or her appointment.

1065

1066

for each disbursement of surplus proceeds.

1067

(d) The clerk is entitled to a service charge of $15 $10

1068

for appointing a surplus trustee, furnishing the surplus trustee

1069

with a copy of the final judgment and the certificate of

1070

disbursements, and disbursing to the surplus trustee the

1071

trustee's cost advance.

1072

Section 23. Subsection (3) of section 55.505, Florida

1073

Statutes, is amended to read:

1074

55.505 Notice of recording; prerequisite to enforcement.--

1075

(3) No execution or other process for enforcement of a

1076

foreign judgment recorded hereunder shall issue until 30 days

1077

after the mailing of notice by the clerk and payment of a service

1078

charge of up to $42 $37.50 to the clerk. When an action

1079

authorized in s. 55.509(1) is filed, it acts as an automatic stay

1080

of the effect of this section.

1081

Section 24. Subsection (1) of section 57.082, Florida

1082

Statutes, is amended to read:

1083

57.082 Determination of civil indigent status.--

1084

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

1085

of an attorney in a civil case eligible for court-appointed

1086

counsel, or seeking relief from prepayment of fees and costs

1087

under s. 57.081, based upon an inability to pay must apply to the

1088

clerk of the court for a determination of civil indigent status

1089

using an application form developed by the Florida Clerks of

1090

Court Operations Corporation with final approval by the Supreme

1091

Court.

1092

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

1093

following financial information:

1094

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

1095

deductions required by law, including court-ordered support

1096

payments.

1097

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

1098

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

1099

compensation, other regular support from absent family members,

1100

public or private employee pensions, unemployment compensation,

1101

dividends, interest, rent, trusts, and gifts.

1102

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

1103

accounts, bank accounts, stocks, bonds, certificates of deposit,

1104

equity in real estate, and equity in a boat or a motor vehicle or

1105

in other tangible property.

1106

4. All liabilities and debts.

1107

1108

The application must include a signature by the applicant which

1109

attests to the truthfulness of the information provided. The

1110

application form developed by the corporation must include notice

1111

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

1112

determination that the applicant is not indigent, as provided in

1113

this section.

1114

(b) The clerk shall assist a person who appears before the

1115

clerk and requests assistance in completing the application, and

1116

the clerk shall notify the court if a person is unable to

1117

complete the application after the clerk has provided assistance.

1118

1119

the applicant and submitted on his or her behalf by a private

1120

attorney who is representing the applicant in the applicable

1121

matter.

1122

(d) A person who seeks appointment of an attorney in a case

1123

under chapter 39, at the trial or appellate level, for which an

1124

indigent person is eligible for court-appointed representation,

1125

shall pay a $50 application fee to the clerk for each application

1126

filed. The applicant shall pay the fee within 7 days after

1127

submitting the application. The clerk shall transfer monthly all

1128

application fees collected under this paragraph to the Department

1129

of Revenue for deposit into the Indigent Civil Defense Trust

1130

Fund, to be used as appropriated by the Legislature. The clerk

1131

may retain 2 percent of application fees collected monthly for

1132

administrative costs prior to remitting the remainder to the

1133

Department of Revenue.

1134

Section 25. Subsection (6) of section 61.14, Florida

1135

Statutes, is amended to read:

1136

61.14 Enforcement and modification of support, maintenance,

1137

or alimony agreements or orders.--

1138

(6)(a)1. When support payments are made through the local

1139

depository or through the State Disbursement Unit, any payment or

1140

installment of support which becomes due and is unpaid under any

1141

support order is delinquent; and this unpaid payment or

1142

installment, and all other costs and fees herein provided for,

1143

become, after notice to the obligor and the time for response as

1144

set forth in this subsection, a final judgment by operation of

1145

law, which has the full force, effect, and attributes of a

1146

judgment entered by a court in this state for which execution may

1147

issue. No deduction shall be made by the local depository from

1148

any payment made for costs and fees accrued in the judgment by

1149

operation of law process under paragraph (b) until the total

1150

amount of support payments due the obligee under the judgment has

1151

been paid.

1152

2. A certified statement by the local depository evidencing

1153

a delinquency in support payments constitute evidence of the

1154

final judgment under this paragraph.

1155

3. The judgment under this paragraph is a final judgment as

1156

to any unpaid payment or installment of support which has accrued

1157

up to the time either party files a motion with the court to

1158

alter or modify the support order, and such judgment may not be

1159

modified by the court. The court may modify such judgment as to

1160

any unpaid payment or installment of support which accrues after

1161

the date of the filing of the motion to alter or modify the

1162

support order. This subparagraph does not prohibit the court from

1163

providing relief from the judgment pursuant to Rule 1.540,

1164

Florida Rules of Civil Procedure.

1165

(b)1. When an obligor is 15 days delinquent in making a

1166

payment or installment of support and the amount of the

1167

delinquency is greater than the periodic payment amount ordered

1168

by the court, the local depository shall serve notice on the

1169

obligor informing him or her of:

1170

a. The delinquency and its amount.

1171

b. An impending judgment by operation of law against him or

1172

her in the amount of the delinquency and all other amounts which

1173

thereafter become due and are unpaid, together with costs and a

1174

service charge of up to $25 $7.50, for failure to pay the amount

1175

of the delinquency.

1176

c. The obligor's right to contest the impending judgment

1177

and the ground upon which such contest can be made.

1178

d. The local depository's authority to release information

1179

regarding the delinquency to one or more credit reporting

1180

agencies.

1181

2. The local depository shall serve the notice by mailing

1182

it by first class mail to the obligor at his or her last address

1183

of record with the local depository. If the obligor has no

1184

address of record with the local depository, service shall be by

1185

publication as provided in chapter 49.

1186

3. When service of the notice is made by mail, service is

1187

complete on the date of mailing.

1188

1189

the obligor may file with the court that issued the support

1190

order, or with the court in the circuit where the local

1191

depository which served the notice is located, a motion to

1192

contest the impending judgment. An obligor may contest the

1193

impending judgment only on the ground of a mistake of fact

1194

regarding an error in whether a delinquency exists, in the amount

1195

of the delinquency, or in the identity of the obligor.

1196

(d) The court shall hear the obligor's motion to contest

1197

the impending judgment within 15 days after the date of the

1198

filing of the motion. Upon the court's denial of the obligor's

1199

motion, the amount of the delinquency and all other amounts which

1200

thereafter become due, together with costs and a service charge

1201

of up to $25 $7.50, become a final judgment by operation of law

1202

against the obligor. The depository shall charge interest at the

1203

rate established in s. 55.03 on all judgments for support.

1204

(e) If the obligor fails to file a motion to contest the

1205

impending judgment within the time limit prescribed in paragraph

1206

1207

amounts which thereafter become due, together with costs and a

1208

service charge of up to $25 $7.50, such amounts become a final

1209

judgment by operation of law against the obligor at the

1210

expiration of the time for filing a motion to contest the

1211

impending judgment.

1212

(f)1. Upon request of any person, the local depository

1213

shall issue, upon payment of a service charge of up to $25 $7.50,

1214

a payoff statement of the total amount due under the judgment at

1215

the time of the request. The statement may be relied upon by the

1216

person for up to 30 days from the time it is issued unless proof

1217

of satisfaction of the judgment is provided.

1218

2. When the depository records show that the obligor's

1219

account is current, the depository shall record a satisfaction of

1220

the judgment upon request of any interested person and upon

1221

receipt of the appropriate recording fee. Any person shall be

1222

entitled to rely upon the recording of the satisfaction.

1223

3. The local depository, at the direction of the

1224

department, or the obligee in a non-IV-D case, may partially

1225

release the judgment as to specific real property, and the

1226

depository shall record a partial release upon receipt of the

1227

appropriate recording fee.

1228

4. The local depository is not liable for errors in its

1229

recordkeeping, except when an error is a result of unlawful

1230

activity or gross negligence by the clerk or his or her

1231

employees.

1232

(g) The local depository shall send the department monthly

1233

by electronic means a list of all Title IV-D and non-Title IV-D

1234

cases in which a judgment by operation of law has been recorded

1235

during the month for which the data is provided. At a minimum,

1236

the depository shall provide the names of the obligor and

1237

obligee, social security numbers of the obligor and obligee, if

1238

available, and depository number.

1239

Section 26. Section 318.121, Florida Statutes, is amended

1240

to read:

1241

318.121 Preemption of additional fees, fines, surcharges,

1242

and costs.--Notwithstanding any general or special law, or

1243

municipal or county ordinance, additional fees, fines,

1244

surcharges, or costs other than the court costs and surcharges

1245

assessed under s. 318.18(11), and (13), and (18) may not be added

1246

to the civil traffic penalties assessed in this chapter.

1247

Section 27. Subsection (10) of section 318.14, Florida

1248

Statutes, is amended to read:

1249

318.14 Noncriminal traffic infractions; exception;

1250

procedures.--

1251

(10)(a) Any person who does not hold a commercial driver's

1252

license and who is cited for an offense listed under this

1253

subsection may, in lieu of payment of fine or court appearance,

1254

elect to enter a plea of nolo contendere and provide proof of

1255

compliance to the clerk of the court or authorized operator of a

1256

traffic violations bureau. In such case, adjudication shall be

1257

withheld; however, no election shall be made under this

1258

subsection if such person has made an election under this

1259

subsection in the 12 months preceding election hereunder. No

1260

person may make more than three elections under this subsection.

1261

This subsection applies to the following offenses:

1262

1. Operating a motor vehicle without a valid driver's

1263

license in violation of the provisions of s. 322.03, s. 322.065,

1264

or s. 322.15(1), or operating a motor vehicle with a license

1265

which has been suspended for failure to appear, failure to pay

1266

civil penalty, or failure to attend a driver improvement course

1267

pursuant to s. 322.291.

1268

2. Operating a motor vehicle without a valid registration

1269

in violation of s. 320.0605, s. 320.07, or s. 320.131.

1270

3. Operating a motor vehicle in violation of s. 316.646.

1271

(b) Any person cited for an offense listed in this

1272

subsection shall present proof of compliance prior to the

1273

scheduled court appearance date. For the purposes of this

1274

subsection, proof of compliance shall consist of a valid,

1275

renewed, or reinstated driver's license or registration

1276

certificate and proper proof of maintenance of security as

1277

required by s. 316.646. Notwithstanding waiver of fine, any

1278

person establishing proof of compliance shall be assessed court

1279

costs of $25 $22, except that a person charged with violation of

1280

s. 316.646(1)-(3) may be assessed court costs of $8 $7. One

1281

dollar of such costs shall be remitted to the Department of

1282

Revenue for deposit into the Child Welfare Training Trust Fund of

1283

the Department of Children and Family Services. One dollar of

1284

such costs shall be distributed to the Department of Juvenile

1285

Justice for deposit into the Juvenile Justice Training Trust

1286

Fund. Fourteen Twelve dollars of such costs shall be distributed

1287

to the municipality and $9 $8 shall be deposited by the clerk of

1288

the court into the fine and forfeiture fund established pursuant

1289

to s. 142.01, if the offense was committed within the

1290

municipality. If the offense was committed in an unincorporated

1291

area of a county or if the citation was for a violation of s.

1292

316.646(1)-(3), the entire amount shall be deposited by the clerk

1293

of the court into the fine and forfeiture fund established

1294

pursuant to s. 142.01, except for the moneys to be deposited into

1295

the Child Welfare Training Trust Fund and the Juvenile Justice

1296

Training Trust Fund. This subsection shall not be construed to

1297

authorize the operation of a vehicle without a valid driver's

1298

license, without a valid vehicle tag and registration, or without

1299

the maintenance of required security.

1300

Section 28. Subsection (1) of section 318.15, Florida

1301

Statutes, is amended to read:

1302

318.15 Failure to comply with civil penalty or to appear;

1303

penalty.--

1304

(1)(a) If a person fails to comply with the civil penalties

1305

provided in s. 318.18 within the time period specified in s.

1306

318.14(4), fails to attend driver improvement school, or fails to

1307

appear at a scheduled hearing, the clerk of the court shall

1308

notify the Division of Driver Licenses of the Department of

1309

Highway Safety and Motor Vehicles of such failure within 10 days

1310

after such failure. Upon receipt of such notice, the department

1311

shall immediately issue an order suspending the driver's license

1312

and privilege to drive of such person effective 20 days after the

1313

date the order of suspension is mailed in accordance with s.

1314

322.251(1), (2), and (6). Any such suspension of the driving

1315

privilege which has not been reinstated, including a similar

1316

suspension imposed outside Florida, shall remain on the records

1317

of the department for a period of 7 years from the date imposed

1318

and shall be removed from the records after the expiration of 7

1319

years from the date it is imposed.

1320

(b) However, a person who elects to attend driver

1321

improvement school and has paid the civil penalty as provided in

1322

s. 318.14(9), but who subsequently fails to attend the driver

1323

improvement school within the time specified by the court shall

1324

be deemed to have admitted the infraction and shall be

1325

adjudicated guilty. In such case the person must pay the clerk of

1326

the court the 18 percent deducted pursuant to s. 318.14(9), and a

1327

processing fee of up to $18 $15, after which no additional

1328

penalties, court costs, or surcharges shall be imposed for the

1329

violation. The clerk of the court shall notify the department of

1330

the person's failure to attend driver improvement school and

1331

points shall be assessed pursuant to s. 322.27.

1332

Section 29. Subsection (2), paragraph (a) of subsection

1333

(8), and paragraph (a) of subsection (11) of section 318.18,

1334

Florida Statutes, are amended, and subsection (18) is added to

1335

that section, to read:

1336

318.18 Amount of penalties.--The penalties required for a

1337

noncriminal disposition pursuant to s. 318.14 or a criminal

1338

offense listed in s. 318.17 are as follows:

1339

(2) Thirty dollars for all nonmoving traffic violations

1340

and:

1341

(a) For all violations of s. 322.19.

1342

(b) For all violations of ss. 320.0605, 320.07(1), 322.065,

1343

and 322.15(1). Any person who is cited for a violation of s.

1344

320.07(1) shall be charged a delinquent fee pursuant to s.

1345

320.07(4).

1346

1. If a person who is cited for a violation of s. 320.0605

1347

or s. 320.07 can show proof of having a valid registration at the

1348

time of arrest, the clerk of the court may dismiss the case and

1349

may assess a dismissal fee of up to $10 $7.50. A person who finds

1350

it impossible or impractical to obtain a valid registration

1351

certificate must submit an affidavit detailing the reasons for

1352

the impossibility or impracticality. The reasons may include, but

1353

are not limited to, the fact that the vehicle was sold, stolen,

1354

or destroyed; that the state in which the vehicle is registered

1355

does not issue a certificate of registration; or that the vehicle

1356

is owned by another person.

1357

2. If a person who is cited for a violation of s. 322.03,

1358

s. 322.065, or s. 322.15 can show a driver's license issued to

1359

him or her and valid at the time of arrest, the clerk of the

1360

court may dismiss the case and may assess a dismissal fee of up

1361

to $10 $7.50.

1362

3. If a person who is cited for a violation of s. 316.646

1363

can show proof of security as required by s. 627.733, issued to

1364

the person and valid at the time of arrest, the clerk of the

1365

court may dismiss the case and may assess a dismissal fee of up

1366

to $10 $7.50. A person who finds it impossible or impractical to

1367

obtain proof of security must submit an affidavit detailing the

1368

reasons for the impracticality. The reasons may include, but are

1369

not limited to, the fact that the vehicle has since been sold,

1370

stolen, or destroyed; that the owner or registrant of the vehicle

1371

is not required by s. 627.733 to maintain personal injury

1372

protection insurance; or that the vehicle is owned by another

1373

person.

1374

1375

However, for a violation of s. 316.2935 or s. 316.610, if the

1376

person committing the violation corrects the defect and obtains

1377

proof of such timely repair by an affidavit of compliance

1378

executed by the law enforcement agency within 30 days from the

1379

date upon which the traffic citation was issued, and pays $4 to

1380

the law enforcement agency, thereby completing the affidavit of

1381

compliance, then upon presentation of said affidavit by the

1382

defendant to the clerk within the 30-day time period set forth

1383

under s. 318.14(4), the fine must be reduced to $10 $7.50, which

1384

the clerk of the court shall retain.

1385

(d) For all violations of s. 316.126(1)(b), unless

1386

otherwise specified.

1387

(8)(a) Any person who fails to comply with the court's

1388

requirements or who fails to pay the civil penalties specified in

1389

this section within the 30-day period provided for in s. 318.14

1390

must pay an additional civil penalty of $18 $12, $2.50 of which

1391

must be remitted to the Department of Revenue for deposit in the

1392

General Revenue Fund, $6 of which must be retained by the clerk,

1393

and $9.50 of which must be remitted to the Department of Revenue

1394

for deposit in the Highway Safety Operating Trust Fund. The

1395

department shall contract with the Florida Association of Court

1396

Clerks, Inc., to design, establish, operate, upgrade, and

1397

maintain an automated statewide Uniform Traffic Citation

1398

Accounting System to be operated by the clerks of the court which

1399

shall include, but not be limited to, the accounting for traffic

1400

infractions by type, a record of the disposition of the

1401

citations, and an accounting system for the fines assessed and

1402

the subsequent fine amounts paid to the clerks of the court. On

1403

or before December 1, 2001, the clerks of the court must provide

1404

the information required by this chapter to be transmitted to the

1405

department by electronic transmission pursuant to the contract.

1406

(11)(a) In addition to the stated fine, court costs must be

1407

paid in the following amounts and shall be deposited by the clerk

1408

into the fine and forfeiture fund established pursuant to s.

1409

142.01:

1410

1411

For pedestrian infractions....$4 $ 3.

1412

For nonmoving traffic infractions....$18 $ 16.

1413

For moving traffic infractions....$35 $ 30.

1414

(18) In addition to any penalties imposed, an

1415

administrative fee of $10 must be paid for all noncriminal moving

1416

and nonmoving traffic violations under chapter 316. Revenue from

1417

the administrative fee shall be deposited by the clerk of court

1418

into the fine and forfeiture fund established pursuant to s.

1419

142.01.

1420

Section 30. Subsections (1) and (2) of section 322.245,

1421

Florida Statutes, are amended to read:

1422

322.245 Suspension of license upon failure of person

1423

charged with specified offense under chapter 316, chapter 320, or

1424

this chapter to comply with directives ordered by traffic court

1425

or upon failure to pay child support in non-IV-D cases as

1426

provided in chapter 61 or failure to pay any financial obligation

1427

in any other criminal case.--

1428

(1) If a person charged with a violation of any of the

1429

criminal offenses enumerated in s. 318.17 or with the commission

1430

of any offense constituting a misdemeanor under chapter 320 or

1431

this chapter fails to comply with all of the directives of the

1432

court within the time allotted by the court, the clerk of the

1433

traffic court shall mail to the person, at the address specified

1434

on the uniform traffic citation, a notice of such failure,

1435

notifying him or her that, if he or she does not comply with the

1436

directives of the court within 30 days after the date of the

1437

notice and pay a delinquency fee of up to $25 $15 to the clerk,

1438

his or her driver's license will be suspended. The notice shall

1439

be mailed no later than 5 days after such failure. The

1440

delinquency fee may be retained by the office of the clerk to

1441

defray the operating costs of the office.

1442

(2) In non-IV-D cases, if a person fails to pay child

1443

support under chapter 61 and the obligee so requests, the

1444

depository or the clerk of the court shall mail in accordance

1445

with s. 61.13016 the notice specified in that section, notifying

1446

him or her that if he or she does not comply with the

1447

requirements of that section and pay a delinquency fee of $25 $10

1448

to the depository or the clerk, his or her driver's license and

1449

motor vehicle registration will be suspended. The delinquency fee

1450

may be retained by the depository or the office of the clerk to

1451

defray the operating costs of the office.

1452

Section 31. Subsection (4), paragraph (a) of subsection

1453

(9), and subsection (11) of section 327.73, Florida Statutes, are

1454

amended to read:

1455

327.73 Noncriminal infractions.--

1456

(4) Any person charged with a noncriminal infraction under

1457

this section may:

1458

(a) Pay the civil penalty, either by mail or in person,

1459

within 30 days of the date of receiving the citation; or,

1460

(b) If he or she has posted bond, forfeit bond by not

1461

appearing at the designated time and location.

1462

1463

If the person cited follows either of the above procedures, he or

1464

she shall be deemed to have admitted the noncriminal infraction

1465

and to have waived the right to a hearing on the issue of

1466

commission of the infraction. Such admission shall not be used as

1467

evidence in any other proceedings. If a person who is cited for a

1468

violation of s. 327.395 can show a boating safety identification

1469

card issued to that person and valid at the time of the citation,

1470

the clerk of the court may dismiss the case and may assess a

1471

dismissal fee of up to $10 $7.50. If a person who is cited for a

1472

violation of s. 328.72(13) can show proof of having a

1473

registration for that vessel which was valid at the time of the

1474

citation, the clerk may dismiss the case and may assess the

1475

dismissal fee.

1476

(9)(a) Any person who fails to comply with the court's

1477

requirements or who fails to pay the civil penalties specified in

1478

this section within the 30-day period provided for in s. 327.72

1479

must pay an additional court cost of up to $20 $18, which shall

1480

be used by the clerks of the courts to defray the costs of

1481

tracking unpaid uniform boating citations.

1482

(11)(a) Court costs that are to be in addition to the

1483

stated civil penalty shall be imposed by the court in an amount

1484

not less than the following:

1485

1. For swimming or diving infractions, $4 $3.

1486

2. For nonmoving boating infractions, $18 $6.

1487

3. For boating infractions listed in s. 327.731(1), $35

1488

$10.

1489

1490

(b) In addition to the court cost assessed under paragraph

1491

(a), the court shall impose a $3 court cost for each noncriminal

1492

infraction, to be distributed as provided in s. 938.01, and a $2

1493

court cost as provided in s. 938.15 when assessed by a

1494

municipality or county.

1495

1496

Court costs imposed under this subsection may not exceed $45 $30.

1497

A criminal justice selection center or both local criminal

1498

justice access and assessment centers may be funded from these

1499

court costs.

1500

Section 32. Paragraph (i) of subsection (1) of section

1501

372.83, Florida Statutes, is amended to read:

1502

372.83 Penalties and violations; civil penalties for

1503

noncriminal infractions; criminal penalties; suspension and

1504

forfeiture of licenses and permits.--

1505

(1)

1506

(i) A person cited for violating the requirements of s.

1507

372.57 relating to personal possession of a license or permit may

1508

not be convicted if, prior to or at the time of a county court

1509

hearing, the person produces the required license or permit for

1510

verification by the hearing officer or the court clerk. The

1511

license or permit must have been valid at the time the person was

1512

cited. The clerk or hearing officer may assess a $10 $5 fee for

1513

costs under this paragraph.

1514

Section 33. Subsection (1) of section 713.24, Florida

1515

Statutes, is amended to read:

1516

713.24 Transfer of liens to security.--

1517

(1) Any lien claimed under this part may be transferred, by

1518

any person having an interest in the real property upon which the

1519

lien is imposed or the contract under which the lien is claimed,

1520

from such real property to other security by either:

1521

(a) Depositing in the clerk's office a sum of money, or

1522

(b) Filing in the clerk's office a bond executed as surety

1523

by a surety insurer licensed to do business in this state,

1524

1525

either to be in an amount equal to the amount demanded in such

1526

claim of lien, plus interest thereon at the legal rate for 3

1527

years, plus $1,000 or 25 percent of the amount demanded in the

1528

claim of lien, whichever is greater, to apply on any attorney's

1529

fees and court costs that may be taxed in any proceeding to

1530

enforce said lien. Such deposit or bond shall be conditioned to

1531

pay any judgment or decree which may be rendered for the

1532

satisfaction of the lien for which such claim of lien was

1533

recorded. Upon making such deposit or filing such bond, the clerk

1534

shall make and record a certificate showing the transfer of the

1535

lien from the real property to the security and shall mail a copy

1536

thereof by registered or certified mail to the lienor named in

1537

the claim of lien so transferred, at the address stated therein.

1538

Upon filing the certificate of transfer, the real property shall

1539

thereupon be released from the lien claimed, and such lien shall

1540

be transferred to said security. In the absence of allegations of

1541

privity between the lienor and the owner, and subject to any

1542

order of the court increasing the amount required for the lien

1543

transfer deposit or bond, no other judgment or decree to pay

1544

money may be entered by the court against the owner. The clerk

1545

shall be entitled to a service charge for making and serving the

1546

certificate, in the amount of up to $20 $15. If the transaction

1547

involves the transfer of multiple liens, an additional charge of

1548

up to $10 $7.50 for each additional lien shall be charged. For

1549

recording the certificate and approving the bond, the clerk shall

1550

receive her or his usual statutory service charges as prescribed

1551

in s. 28.24. Any number of liens may be transferred to one such

1552

security.

1553

Section 34. Subsection (3) of section 721.83, Florida

1554

Statutes, is amended to read:

1555

721.83 Consolidation of foreclosure actions.--

1556

(3) A consolidated timeshare foreclosure action shall be

1557

considered a single action, suit, or proceeding for the payment

1558

of filing fees and service charges pursuant to general law. In

1559

addition to the payment of such filing fees and service charges,

1560

an additional filing fee of up to $10 $5 for each timeshare

1561

estate joined in that action shall be paid to the clerk of court.

1562

Section 35. Subsection (6) of section 744.365, Florida

1563

Statutes, is amended to read:

1564

744.365 Verified inventory.--

1565

(6) AUDIT FEE.--

1566

(a) Where the value of the ward's property exceeds $25,000,

1567

a guardian shall pay from the ward's property to the clerk of the

1568

circuit court a fee of up to $85 $75, upon the filing of the

1569

verified inventory, for the auditing of the inventory. Upon

1570

petition by the guardian, the court may waive the auditing fee

1571

upon a showing of insufficient funds in the ward's estate. Any

1572

guardian unable to pay the auditing fee may petition the court

1573

for waiver of the fee. The court may waive the fee after it has

1574

reviewed the documentation filed by the guardian in support of

1575

the waiver.

1576

(b) An audit fee may not be charged to any ward whose

1577

property has a value of less than $25,000.

1578

Section 36. Subsection (4) of section 744.3678, Florida

1579

Statutes, is amended to read:

1580

744.3678 Annual accounting.--

1581

(4) The guardian shall pay from the ward's estate to the

1582

clerk of the circuit court a fee based upon the following

1583

graduated fee schedule, upon the filing of the annual financial

1584

return, for the auditing of the return:

1585

(a) For estates with a value of $25,000 or less the clerk

1586

of the court may charge a fee of up to $20 $15.

1587

(b) For estates with a value of more than $25,000 up to and

1588

including $100,000 the clerk of the court may charge a fee of up

1589

to $85 $75.

1590

1591

and including $500,000 the clerk of the court may charge a fee of

1592

up to $170 $150.

1593

(d) For estates with a value in excess of $500,000 the

1594

clerk of the court may charge a fee of up to $250 $225.

1595

1596

Upon petition by the guardian, the court may waive the auditing

1597

fee upon a showing of insufficient funds in the ward's estate.

1598

Any guardian unable to pay the auditing fee may petition the

1599

court for a waiver of the fee. The court may waive the fee after

1600

it has reviewed the documentation filed by the guardian in

1601

support of the waiver.

1602

Section 37. Subsection (2) of section 766.104, Florida

1603

Statutes, is amended to read:

1604

766.104 Pleading in medical negligence cases; claim for

1605

punitive damages; authorization for release of records for

1606

investigation.--

1607

(2) Upon petition to the clerk of the court where the suit

1608

will be filed and payment to the clerk of a filing fee, not to

1609

exceed $42 $37.50, an automatic 90-day extension of the statute

1610

of limitations shall be granted to allow the reasonable

1611

investigation required by subsection (1). This period shall be in

1612

addition to other tolling periods. No court order is required for

1613

the extension to be effective. The provisions of this subsection

1614

shall not be deemed to revive a cause of action on which the

1615

statute of limitations has run.

1616

Section 38. Subsection (1) of section 938.05, Florida

1617

Statutes, is amended to read:

1618

938.05 Additional court costs for felonies, misdemeanors,

1619

and criminal traffic offenses.--

1620

(1) Any person pleading nolo contendere to a misdemeanor or

1621

criminal traffic offense under s. 318.14(10)(a) or pleading

1622

guilty or nolo contendere to, or being found guilty of, any

1623

felony, misdemeanor, or criminal traffic offense under the laws

1624

of this state or the violation of any municipal or county

1625

ordinance which adopts by reference any misdemeanor under state

1626

law, shall pay as a cost in the case, in addition to any other

1627

cost required to be imposed by law, a sum in accordance with the

1628

following schedule:

1629

(a) Felonies....$225 $200

1630

(b) Misdemeanors....$60 $50

1631

1632

Section 39. Subsections (1), (2), and (8) of section

1633

938.27, Florida Statutes, are amended to read:

1634

938.27 Judgment for costs on conviction.--

1635

(1) In all criminal, juvenile, and violation-of-probation

1636

or community-control cases, convicted persons are liable for

1637

payment of the documented costs of prosecution, including

1638

investigative costs incurred by law enforcement agencies, by fire

1639

departments for arson investigations, and by investigations of

1640

the Department of Financial Services or the Office of Financial

1641

Regulation of the Financial Services Commission, if requested by

1642

such agencies. The court shall include these costs in every shall

1643

be included and entered in the judgment rendered against the

1644

convicted person. For purposes of this section, "convicted" means

1645

a determination of guilt or delinquency, or of violation of

1646

probation or community control, which is a result of a plea,

1647

trial, or violation proceeding, regardless of whether

1648

adjudication is withheld.

1649

(2)(a) The court shall impose the costs of prosecution and

1650

investigation notwithstanding the defendant's present ability to

1651

pay. The court shall require the defendant to pay the costs

1652

within a specified period or in specified installments.

1653

(b) The end of such period or the last such installment

1654

shall not be later than:

1655

1. The end of the period of probation or community control,

1656

if probation or community control is ordered;

1657

2. Five years after the end of the term of imprisonment

1658

imposed, if the court does not order probation or community

1659

control; or

1660

3. Five years after the date of sentencing in any other

1661

case.

1662

1663

However, in no event shall the obligation to pay any unpaid

1664

amounts expire if not paid in full within the period specified in

1665

this paragraph.

1666

1667

section, costs shall be paid immediately.

1668

(8) Costs for the state attorney shall be set in all cases

1669

at no less than $50 per case when a misdemeanor, criminal

1670

traffic, or juvenile offense is charged and no less than $100 per

1671

case when a felony offense is charged, including a proceeding in

1672

which the underlying offense is a violation of probation or

1673

community control. The court may set a higher amount upon a

1674

showing of sufficient proof of higher costs incurred. Costs

1675

recovered on behalf of that are collected by the state attorney

1676

under this section shall be deposited into the state attorney's

1677

grants and donations trust fund to be used during the fiscal year

1678

in which the funds are collected, or in any subsequent fiscal

1679

year, for actual expenses incurred in investigating and

1680

prosecuting criminal cases, which may include the salaries of

1681

permanent employees, or for any other purpose authorized by the

1682

Legislature.

1683

Section 40. Subsection (1) of section 938.29, Florida

1684

Statutes, is amended to read:

1685

938.29 Legal assistance; lien for payment of attorney's

1686

fees or costs.--

1687

(1)(a) A defendant determined to be guilty of a criminal

1688

act by a court or jury or through a plea of guilty or nolo

1689

contendere and who has received the assistance of the public

1690

defender's office, a special assistant public defender, the

1691

office of criminal conflict and civil regional counsel, or a

1692

private conflict attorney, or who has received due process

1693

services after being found indigent for costs under s. 27.52,

1694

shall be liable for payment of the assessed application fee under

1695

s. 27.52 and attorney's fees and costs. The court shall determine

1696

the amount of the obligation. Such costs shall include, but not

1697

be limited to, the cost of depositions; cost of transcripts of

1698

depositions, including the cost of defendant's copy, which

1699

transcripts are certified by the defendant's attorney as having

1700

served a useful purpose in the disposition of the case;

1701

investigative costs; witness fees; the cost of psychiatric

1702

examinations; or other reasonable costs specially incurred by the

1703

state and the clerk of court for the defense of the defendant in

1704

criminal prosecutions. Costs shall not include expenses inherent

1705

in providing a constitutionally guaranteed jury trial or

1706

expenditures in connection with the maintenance and operation of

1707

government agencies that must be made by the public irrespective

1708

of specific violations of law. Any costs assessed pursuant to

1709

this paragraph shall be reduced by any amount assessed against a

1710

defendant pursuant to s. 938.05.

1711

(b) Upon entering a judgment of conviction, the defendant

1712

shall be liable to pay the costs in full after the judgment of

1713

conviction becomes final.

1714

1715

27.52(1)(b) and attorney's fees and costs in full or in

1716

installments, at the time or times specified. The court may order

1717

payment of the assessed application fee and attorney's fees and

1718

costs as a condition of probation, of suspension of sentence, or

1719

of withholding the imposition of sentence. The first $40 from

1720

attorney's fees and costs collected under this section shall be

1721

transferred monthly by the clerk to the Department of Revenue for

1722

deposit into the Indigent Criminal Defense Trust Fund. All funds

1723

remaining attorney's fees and costs collected under this section

1724

shall be distributed as provided in s. 27.652 deposited into the

1725

General Revenue Fund.

1726

Section 41. Notwithstanding s. 28.36, Florida Statutes, the

1727

Florida Clerks of Court Operations Corporation may not approve

1728

increases to the clerks budgets for the 2008-2009 county fiscal

1729

year based on increased revenue generated under this act. The

1730

corporation may increase clerk budgets in the aggregate by

1731

$4,752,735 on an annual basis beginning July 1, 2008, for the

1732

increased duties related to paying jurors and witnesses and juror

1733

meals and lodging expenses as provided in this act.

1734

Section 42. This act shall take effect July 1, 2008.