Florida Senate - 2008 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1790
668868
Senate
Floor: AD/2R
5/1/2008 2:13 PM
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House
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The Conference Committee on CS for SB 1790 recommended the
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following amendment:
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Conference Committee Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Subsection (3) of section 25.241, Florida
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Statutes, is amended to read:
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25.241 Clerk of Supreme Court; compensation; assistants;
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filing fees, etc.--
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(3)(a) The Clerk of the Supreme Court is hereby required to
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collect, upon the filing of a certified copy of a notice of
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appeal or petition, $300 for each case docketed, and for copying,
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certifying, or furnishing opinions, records, papers, or other
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instruments, except as otherwise herein provided, the same fees
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that are allowed clerks of the circuit court; however, no fee
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shall be less than $1. The State of Florida or its agencies, when
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appearing as appellant or petitioner, is exempt from the filing
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fees required in this subsection. From each attorney appearing
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pro hac vice, the Clerk of the Supreme Court shall collect an
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additional fee of $100 to be deposited into the General Revenue
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Fund.
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(b) Upon the filing of a notice of cross-appeal, or a
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notice of joinder or motion to intervene as an appellant, cross-
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appellant, or petitioner, the Clerk of the Supreme Court shall
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charge and collect a filing fee of $295. The clerk shall remit
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the fee to the Department of Revenue for deposit into the General
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Revenue Fund. The state and its agencies are exempt from the
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filing fee required in this paragraph.
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Section 2. Section 26.57, Florida Statutes, is amended to
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read:
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26.57 Temporary designation of county court judge to
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preside over circuit court cases.--In each county where there is
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no resident circuit judge and the county court judge has been a
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member of the bar for at least 5 years and is qualified to be a
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circuit judge, the county court judge may be designated on a
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temporary basis to preside over circuit court cases by the Chief
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Justice of the Supreme Court upon recommendation of the chief
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judge of the circuit, and the judge so designated shall receive
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the same salary as a duly elected circuit judge for the time
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periods that the county judge is actually presiding over circuit
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court cases. He or she may be assigned to exercise all county and
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circuit court jurisdiction in the county, except appeals from the
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county court. In addition, he or she may be required to perform
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the duties of circuit judge in other counties of the circuit as
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time may permit and as the need arises, as determined by the
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chief judge of the circuit.
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Section 3. Subsections (4) and (8) of section 27.511,
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Florida Statutes, are amended to read:
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27.511 Offices of criminal conflict and civil regional
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counsel; legislative intent; qualifications; appointment;
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duties.--
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(4)(a) Each regional counsel shall serve on a full-time
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basis and may not engage in the private practice of law while
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holding office. Assistant regional counsel shall give priority
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and preference to their duties as assistant regional counsel and
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may not otherwise engage in the practice of criminal law.
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Assistant regional counsel may not engage or in civil proceedings
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for which the state compensates attorneys under s. 27.5304 for
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representation.
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(b) Notwithstanding paragraph (a), part-time assistant
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regional counsel may practice criminal law for private payment so
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long as the representation does not result in a legal or ethical
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conflict of interest with a case for which the office of criminal
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conflict and civil regional council is providing representation.
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Assistant regional counsel may not accept criminal cases for
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reimbursement by the state under s. 27.5304. This paragraph
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expires June 30, 2010.
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(8) The public defender for the judicial circuit specified
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in s. 27.51(4) office of criminal conflict and civil regional
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counsel shall, after the record on appeal is transmitted to the
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appellate court by the office of criminal conflict and civil
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regional counsel which handled the trial and if requested by the
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regional counsel for the indicated appellate district, handle all
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circuit court appeals authorized pursuant to paragraph (5)(f)
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within the state courts system and any authorized appeals to the
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federal courts which are required of the official making the
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request in cases in which the office of criminal conflict and
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civil regional counsel is appointed under this section. If the
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public defender certifies to the court that the public defender
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has a conflict consistent with the criteria prescribed in s.
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27.5303 and moves to withdraw, the regional counsel shall handle
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the appeal, unless the regional counsel has a conflict, in which
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case the court shall appoint private counsel pursuant to s.
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27.40.
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Section 4. Paragraphs (b) and (c) of subsection (1) of
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section 27.52, Florida Statutes, are amended to read:
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27.52 Determination of indigent status.--
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(1) APPLICATION TO THE CLERK.--A person seeking appointment
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of a public defender under s. 27.51 based upon an inability to
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pay must apply to the clerk of the court for a determination of
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indigent status using an application form developed by the
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Florida Clerks of Court Operations Corporation with final
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approval by the Supreme Court.
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(b) An applicant shall pay a $50 $40 application fee to the
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clerk for each application for court-appointed counsel filed. The
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applicant shall pay the fee within 7 days after submitting the
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application. If the applicant does not pay the fee prior to the
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disposition of the case, the clerk shall notify the court, and
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the court shall:
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1. Assess the application fee as part of the sentence or as
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a condition of probation; or
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2. Assess the application fee pursuant to s. 938.29.
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(c) Notwithstanding any provision of law, court rule, or
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administrative order, the clerk shall assign the first $50 $40 of
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any fees or costs paid by an indigent person as payment of the
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application fee. A person found to be indigent may not be refused
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counsel or other required due process services for failure to pay
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the fee.
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Section 5. Section 27.562, Florida Statutes, is amended to
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read:
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27.562 Disposition of funds.--The first $50 $40 of all
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funds collected pursuant to s. 938.29 shall be deposited into the
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Indigent Criminal Defense Trust Fund pursuant to s. 27.525 in
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satisfaction of the application fee for a determination of
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indigent status under s. 27.52 if the fee was not paid. The
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remaining funds collected pursuant to s. 938.29 shall be
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distributed as follows:
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(1) Twenty-five percent shall be remitted to the Department
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of Revenue for deposit into the Justice Administrative
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Commission's Indigent Criminal Defense Trust Fund.
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(2) Seventy-five percent shall be remitted to the
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Department of Revenue for deposit into the General Revenue Fund.
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The Justice Administrative Commission shall account for funds
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deposited into the Indigent Criminal Defense Trust Fund by
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circuit. Appropriations from the fund shall be proportional to
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each circuit's collections. All judgments entered pursuant to
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this part shall be in the name of the state.
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Section 6. Section 28.24, Florida Statutes, is amended to
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read:
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28.24 Service charges by clerk of the circuit court.--The
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clerk of the circuit court shall charge for services rendered by
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the clerk's office in recording documents and instruments and in
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performing the duties enumerated in amounts not to exceed those
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specified in this section. Notwithstanding any other provision of
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this section, the clerk of the circuit court shall provide
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without charge to the state attorney, public defender, guardian
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ad litem, public guardian, attorney ad litem, criminal conflict
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and civil regional counsel, and private court-appointed counsel
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paid by the state, and to the authorized staff acting on behalf
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of each, access to and a copy of any public record, if the
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requesting party is entitled by law to view the exempt or
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confidential record, as maintained by and in the custody of the
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clerk of the circuit court as provided in general law and the
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Florida Rules of Judicial Administration. The clerk of the
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circuit court may provide the requested public record in an
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electronic format in lieu of a paper format when capable of being
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accessed by the requesting entity.
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Charges
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(1) For examining, comparing, correcting, verifying, and
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certifying transcripts of record in appellate proceedings,
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prepared by attorney for appellant or someone else other than
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clerk, per page....5.00 4.50
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(2) For preparing, numbering, and indexing an original
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record of appellate proceedings, per instrument....3.50 3.00
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(3) For certifying copies of any instrument in the public
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records....2.00 1.50
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(4) For verifying any instrument presented for
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certification prepared by someone other than clerk, per
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page....3.50 3.00
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(5)(a) For making copies by photographic process of any
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instrument in the public records consisting of pages of not more
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than 14 inches by 8 1/2 inches, per page....1.00
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(b) For making copies by photographic process of any
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instrument in the public records of more than 14 inches by 8 1/2
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inches, per page....5.00
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(6) For making microfilm copies of any public records:
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(a) 16 mm 100' microfilm roll....42.00 37.50
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(b) 35 mm 100' microfilm roll....60.00 52.50
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(c) Microfiche, per fiche....3.50 3.00
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(7) For copying any instrument in the public records by
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other than photographic process, per page....6.00
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(8) For writing any paper other than herein specifically
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mentioned, same as for copying, including signing and
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sealing....7.00 6.00
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(9) For indexing each entry not recorded....1.00
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(10) For receiving money into the registry of court:
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(a)1. First $500, percent....3
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2. Each subsequent $100, percent....1.5
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(b) Eminent domain actions, per deposit....170.00 150.00
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(11) For examining, certifying, and recording plats and for
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recording condominium exhibits larger than 14 inches by 8 1/2
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inches:
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(a) First page....30.00
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(b) Each additional page....15.00
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(12) For recording, indexing, and filing any instrument not
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more than 14 inches by 8 1/2 inches, including required notice to
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property appraiser where applicable:
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(a) First page or fraction thereof....5.00
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(b) Each additional page or fraction thereof....4.00
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(c) For indexing instruments recorded in the official
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records which contain more than four names, per additional
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name....1.00
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(d) An additional service charge shall be paid to the clerk
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of the circuit court to be deposited in the Public Records
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Modernization Trust Fund for each instrument listed in s. 28.222,
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except judgments received from the courts and notices of lis
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pendens, recorded in the official records:
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1. First page....1.00
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2. Each additional page....0.50
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Said fund shall be held in trust by the clerk and used
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exclusively for equipment and maintenance of equipment, personnel
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training, and technical assistance in modernizing the public
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records system of the office. In a county where the duty of
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maintaining official records exists in an office other than the
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office of the clerk of the circuit court, the clerk of the
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circuit court is entitled to 25 percent of the moneys deposited
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into the trust fund for equipment, maintenance of equipment,
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training, and technical assistance in modernizing the system for
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storing records in the office of the clerk of the circuit court.
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The fund may not be used for the payment of travel expenses,
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membership dues, bank charges, staff-recruitment costs, salaries
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or benefits of employees, construction costs, general operating
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expenses, or other costs not directly related to obtaining and
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maintaining equipment for public records systems or for the
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purchase of furniture or office supplies and equipment not
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related to the storage of records. On or before December 1, 1995,
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and on or before December 1 of each year immediately preceding
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each year during which the trust fund is scheduled for
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legislative review under s. 19(f)(2), Art. III of the State
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Constitution, each clerk of the circuit court shall file a report
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on the Public Records Modernization Trust Fund with the President
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of the Senate and the Speaker of the House of Representatives.
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The report must itemize each expenditure made from the trust fund
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since the last report was filed; each obligation payable from the
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trust fund on that date; and the percentage of funds expended for
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each of the following: equipment, maintenance of equipment,
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personnel training, and technical assistance. The report must
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indicate the nature of the system each clerk uses to store,
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maintain, and retrieve public records and the degree to which the
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system has been upgraded since the creation of the trust fund.
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(e) An additional service charge of $4 per page shall be
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paid to the clerk of the circuit court for each instrument listed
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in s. 28.222, except judgments received from the courts and
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notices of lis pendens, recorded in the official records. From
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the additional $4 service charge collected:
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1. If the counties maintain legal responsibility for the
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costs of the court-related technology needs as defined in s.
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29.008(1)(f)2. and (h), 10 cents shall be distributed to the
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Florida Association of Court Clerks and Comptroller, Inc., for
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the cost of development, implementation, operation, and
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maintenance of the clerks' Comprehensive Case Information System,
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in which system all clerks shall participate on or before January
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1, 2006; $1.90 shall be retained by the clerk to be deposited in
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the Public Records Modernization Trust Fund and used exclusively
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for funding court-related technology needs of the clerk as
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defined in s. 29.008(1)(f)2. and (h); and $2 shall be distributed
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to the board of county commissioners to be used exclusively to
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fund court-related technology, and court technology needs as
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defined in s. 29.008(1)(f)2. and (h) for the state trial courts,
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state attorney, public defender, and criminal conflict and civil
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regional counsel in that county. If the counties maintain legal
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responsibility for the costs of the court-related technology
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needs as defined in s. 29.008(1)(f)2. and (h), notwithstanding
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any other provision of law, the county is not required to provide
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additional funding beyond that provided herein for the court-
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related technology needs of the clerk as defined in s.
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29.008(1)(f)2. and (h). All court records and official records
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are the property of the State of Florida, including any records
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generated as part of the Comprehensive Case Information System
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funded pursuant to this paragraph and the clerk of court is
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designated as the custodian of such records, except in a county
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where the duty of maintaining official records exists in a county
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office other than the clerk of court or comptroller, such county
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office is designated the custodian of all official records, and
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the clerk of court is designated the custodian of all court
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records. The clerk of court or any entity acting on behalf of the
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clerk of court, including an association, shall not charge a fee
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to any agency as defined in s. 119.011, the Legislature, or the
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State Court System for copies of records generated by the
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Comprehensive Case Information System or held by the clerk of
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court or any entity acting on behalf of the clerk of court,
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including an association.
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2. If the state becomes legally responsible for the costs
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of court-related technology needs as defined in s. 29.008(1)(f)2.
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and (h), whether by operation of general law or by court order,
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$4 shall be remitted to the Department of Revenue for deposit
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into the General Revenue Fund.
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(13) Oath, administering, attesting, and sealing, not
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otherwise provided for herein....3.50 3.00
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(14) For validating certificates, any authorized bonds,
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each....3.50 3.00
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(15) For preparing affidavit of domicile....5.00
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(16) For exemplified certificates, including signing and
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sealing....7.00 6.00
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(17) For authenticated certificates, including signing and
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sealing....7.00 6.00
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(18)(a) For issuing and filing a subpoena for a witness,
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not otherwise provided for herein (includes writing, preparing,
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signing, and sealing)....7.00 6.00
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(b) For signing and sealing only....2.00 1.50
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(19) For approving bond....8.50 7.50
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(20) For searching of records, for each year's
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search....2.00 1.50
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(21) For processing an application for a tax deed sale
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(includes application, sale, issuance, and preparation of tax
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deed, and disbursement of proceeds of sale), other than excess
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proceeds....60.00
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(22) For disbursement of excess proceeds of tax deed sale,
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first $100 or fraction thereof....10.00
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(23) Upon receipt of an application for a marriage license,
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for preparing and administering of oath; issuing, sealing, and
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recording of the marriage license; and providing a certified
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copy....30.00
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(24) For solemnizing matrimony....30.00
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(25) For sealing any court file or expungement of any
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record....42.00 37.50
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(26)(a) For receiving and disbursing all restitution
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payments, per payment....3.50 3.00
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(b) For receiving and disbursing all partial payments,
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other than restitution payments, for which an administrative
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processing service charge is not imposed pursuant to s. 28.246,
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per month....5.00
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(c) For setting up a payment plan, a one-time
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administrative processing charge in lieu of a per month charge
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under paragraph (b)....25.00
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(27) Postal charges incurred by the clerk of the circuit
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court in any mailing by certified or registered mail shall be
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paid by the party at whose instance the mailing is made.
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(28) For furnishing an electronic copy of information
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contained in a computer database: a fee as provided for in
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chapter 119.
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Section 7. Subsection (1) of section 28.2401, Florida
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Statutes, is amended to read:
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28.2401 Service charges in probate matters.--
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(1) Except when otherwise provided, the clerk may impose
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service charges for the following services, not to exceed the
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following amounts:
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(a) For the opening of any estate of one document or more,
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including, but not limited to, petitions and orders to approve
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settlement of minor's claims; to open a safe-deposit box; to
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enter rooms and places; for the determination of heirs, if not
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formal administration; and for a foreign guardian to manage
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property of a nonresident; but not to include issuance of letters
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or order of summary administration....$115 $100
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(b) Caveat....$40 $35
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(c) Petition and order to admit foreign wills,
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authenticated copies, exemplified copies, or transcript to
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record....$115 $100
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(d) For disposition of personal property without
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administration....$115 $100
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(e) Summary administration--estates valued at $1,000 or
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more....$225 $200
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(f) Summary administration--estates valued at less than
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$1,000....$115 $100
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(g) Formal administration, guardianship, ancillary,
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curatorship, or conservatorship proceedings....$280 $250
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(h) Guardianship proceedings of person only....$115 $100
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(i) Veterans' guardianship pursuant to chapter 744....$115
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$100
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(j) Exemplified certificates....$7 $6
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(k) Petition for determination of incompetency....$115 $100
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Section 8. Subsections (1) and (2) of section 28.241,
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Florida Statutes, are amended to read:
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28.241 Filing fees for trial and appellate proceedings.--
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(1)(a) The party instituting any civil action, suit, or
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proceeding in the circuit court shall pay to the clerk of that
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court a filing fee of up to $295 $250 in all cases in which there
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are not more than five defendants and an additional filing fee of
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up to $2.50 $2 for each defendant in excess of five. Of the first
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$85 $55 in filing fees, $80 $50 must be remitted by the clerk to
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the Department of Revenue for deposit into the General Revenue
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Fund, and $5 must be remitted to the Department of Revenue for
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deposit into the Department of Financial Services' Administrative
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Trust Fund to fund the contract with the Florida Clerks of Court
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Operations Corporation created in s. 28.35. The next $15 of the
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filing fee collected shall be deposited in the state courts'
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Mediation and Arbitration Trust Fund. One-third of any filing
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fees collected by the clerk of the circuit court in excess of
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$100 $55 shall be remitted to the Department of Revenue for
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deposit into the Department of Revenue Clerks of the Court Trust
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Fund. An additional filing fee of $4 shall be paid to the clerk.
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The clerk shall remit $3.50 to the Department of Revenue for
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deposit into the Court Education Trust Fund and shall remit 50
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cents to the Department of Revenue for deposit into the
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Department of Financial Services Administrative Trust Fund to
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fund clerk education. An additional filing fee of up to $18 $15
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shall be paid by the party seeking each severance that is
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granted. The clerk may impose an additional filing fee of up to
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$85 $75 for all proceedings of garnishment, attachment, replevin,
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and distress. Postal charges incurred by the clerk of the circuit
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court in making service by certified or registered mail on
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defendants or other parties shall be paid by the party at whose
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instance service is made. No additional fees, charges, or costs
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shall be added to the filing fees imposed under this section,
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except as authorized herein or by general law.
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(b) A party reopening any civil action, suit, or proceeding
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in the circuit court shall pay to the clerk of court a filing fee
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set by the clerk in an amount not to exceed $50. For purposes of
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this section, a case is reopened when a case previously reported
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as disposed of is resubmitted to a court and includes petitions
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for modification of a final judgment of dissolution. A party is
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exempt from paying the fee for any of the following:
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1. A writ of garnishment;
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2. A writ of replevin;
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3. A distress writ;
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4. A writ of attachment;
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5. A motion for rehearing filed within 10 days;
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6. A motion for attorney's fees filed within 30 days after
403
entry of a judgment or final order;
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7. A motion for dismissal filed after a mediation agreement
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has been filed;
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8. A disposition of personal property without
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administration;
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9. Any probate case prior to the discharge of a personal
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representative;
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10. Any guardianship pleading prior to discharge;
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11. Any mental health pleading;
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12. Motions to withdraw by attorneys;
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13. Motions exclusively for the enforcement of child
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support orders;
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14. A petition for credit of child support;
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15. A Notice of Intent to Relocate and any order issuing as
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a result of an uncontested relocation;
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16. Stipulations;
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17. Responsive pleadings; or
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18. Cases in which there is no initial filing fee.
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(c) Any party other than a party described in paragraph (a)
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who files a pleading in an original civil action in circuit court
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for affirmative relief by cross-claim, counterclaim, or third-
424
party complaint shall pay the clerk of court a fee of $295. The
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clerk shall remit the fee to the Department of Revenue for
426
deposit into the General Revenue Fund.
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(d) The clerk of court shall collect a service charge of
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$10 for issuing a summons. The clerk shall assess the fee against
429
the party seeking to have the summons issued.
430
(2) Upon the institution of any appellate proceeding from
431
any lower court to the circuit court of any such county,
432
including appeals filed by a county or municipality as provided
433
in s. 34.041(5), or from the circuit court to an appellate court
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of the state, the clerk shall charge and collect from the party
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or parties instituting such appellate proceedings a filing fee
436
not to exceed $280 $250 for filing a notice of appeal from the
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county court to the circuit court and, in addition to the filing
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fee required under s. 25.241 or s. 35.22, $100 $50 for filing a
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notice of appeal from the circuit court to the district court of
440
appeal or to the Supreme Court. If the party is determined to be
441
indigent, the clerk shall defer payment of the fee. The clerk
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shall remit the first $80 $50 to the Department of Revenue for
443
deposit into the General Revenue Fund. One-third of the fee
444
collected by the clerk in excess of $80 $50 also shall be
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remitted to the Department of Revenue for deposit into the Clerks
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of the Court Trust Fund.
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Section 9. Subsections (2) and (4) of section 28.35,
448
Florida Statutes, are amended to read:
449
28.35 Florida Clerks of Court Operations Corporation.--
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(2) The duties of the corporation shall include the
451
following:
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(a) Adopting a plan of operation.
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(b) Conducting the election of directors as required in
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paragraph (1)(a).
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(c) Recommending to the Legislature changes in the various
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court-related fines, fees, service charges, and court costs
457
established by law to ensure reasonable and adequate funding of
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the clerks of the court in the performance of their court-related
459
functions.
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(d) Pursuant to contract with the Chief Financial Officer,
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establishing a process for the review and certification of
462
proposed court-related budgets submitted by clerks of the court
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for completeness and compliance with this section and ss. 28.36
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and 28.37. This process shall be designed and be of sufficient
465
detail to permit independent verification and validation of the
466
budget certification. The contract shall specify the process to
467
be used in determining compliance by the corporation with this
468
section and ss. 28.36 and 28.37.
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(e) Developing and certifying a uniform system of
470
performance measures and applicable performance standards for the
471
functions specified in paragraph (4)(a) and clerk performance in
472
meeting the performance standards. These measures and standards
473
shall be designed to facilitate an objective determination of the
474
performance of each clerk in accordance with minimum standards
475
for fiscal management, operational efficiency, and effective
476
collection of fines, fees, service charges, and court costs. When
477
the corporation finds a clerk has not met the performance
478
standards, the corporation shall identify the nature of each
479
deficiency and any corrective action recommended and taken by the
480
affected clerk of the court.
481
(f) Reviewing and certifying proposed budgets submitted by
482
clerks of the court utilizing the process approved by the Chief
483
Financial Officer pursuant to paragraph (d) for the purpose of
484
making the certification in paragraph (3)(a). As part of this
485
process, the corporation shall:
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1. Calculate the maximum authorized annual budget pursuant
487
to the requirements of s. 28.36.
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2. Identify those proposed budgets exceeding the maximum
489
annual budget pursuant to s. 28.36(5) for the standard list of
490
court-related functions specified in paragraph (4)(a).
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3. Identify those proposed budgets containing funding for
492
items not included on the standard list of court-related
493
functions specified in developed pursuant to paragraph (4)(a)
494
(3)(a).
495
4. Identify those clerks projected to have court-related
496
revenues insufficient to fund their anticipated court-related
497
expenditures.
498
(g) Developing and conducting clerk education programs.
499
(h) Publishing a uniform schedule of actual fees, service
500
charges, and costs charged by a clerk of the court for court-
501
related functions pursuant to general law.
502
(4)(a) The list of court-related functions clerks may fund
503
from filing fees, service charges, court costs, and fines shall
504
be limited to those functions expressly authorized by law or
505
court rule. Those functions must include the following: case
506
maintenance; records management; court preparation and
507
attendance; processing the assignment, reopening, and
508
reassignment of cases; processing of appeals; collection and
509
distribution of fines, fees, service charges, and court costs;
510
processing of bond forfeiture payments; payment of jurors and
511
witnesses; payment of expenses for meals or lodging provided to
512
jurors; data collection and reporting; processing of jurors;
513
determinations of indigent status; and reasonable administrative
514
support costs to enable the clerk of the court to carry out these
515
court-related functions.
516
(b) The list of functions clerks may not fund from filing
517
fees, service charges, court costs, and fines shall include:
518
1. Those functions not specified within paragraph (a).
519
2. Functions assigned by administrative orders which are
520
not required for the clerk to perform the functions in paragraph
521
(a).
522
3. Enhanced levels of service which are not required for
523
the clerk to perform the functions in paragraph (a).
524
4. Functions identified as local requirements in law or
525
local optional programs.
526
(c) Publishing a uniform schedule of actual fees, service
527
charges, and costs charged by a clerk of the court for court-
528
related functions pursuant to general law.
529
Section 10. For the purpose of incorporating the amendment
530
made by this act to section 28.35, Florida Statutes, in
531
references thereto, subsections (1) and (2), paragraph (a) of
532
subsection (3), and subsections (4) and (5) of section 28.36,
533
Florida Statutes, are reenacted to read:
534
28.36 Budget procedure.--There is hereby established a
535
budget procedure for the court-related functions of the clerks of
536
the court.
537
(1) Only those functions on the standard list developed
538
pursuant to s. 28.35(4)(a) may be funded from fees, service
539
charges, court costs, and fines retained by the clerks of the
540
court. No clerk may use fees, service charges, court costs, and
541
fines in excess of the maximum budget amounts as established in
542
subsection (5).
543
(2) For the period July 1, 2004, through September 30,
544
2004, and for each county fiscal year ending September 30
545
thereafter, each clerk of the court shall prepare a budget
546
relating solely to the performance of the standard list of court-
547
related functions pursuant to s. 28.35(4)(a).
548
(3) Each proposed budget shall further conform to the
549
following requirements:
550
(a) On or before August 15 for each fiscal year thereafter,
551
the proposed budget shall be prepared, summarized, and submitted
552
by the clerk in each county to the Clerks of Court Operations
553
Corporation in the manner and form prescribed by the corporation.
554
The proposed budget must provide detailed information on the
555
anticipated revenues available and expenditures necessary for the
556
performance of the standard list of court-related functions of
557
the clerk's office developed pursuant to s. 28.35(4)(a) for the
558
county fiscal year beginning the following October 1.
559
(4) If a clerk of the court estimates that available funds
560
plus projected revenues from fines, fees, service charges, and
561
costs for court-related services are insufficient to meet the
562
anticipated expenditures for the standard list of court-related
563
functions in s. 28.35(4)(a) performed by his or her office, the
564
clerk must report the revenue deficit to the Clerks of Court
565
Operations Corporation in the manner and form prescribed by the
566
corporation pursuant to contract with the Chief Financial
567
Officer. The corporation shall verify that the proposed budget is
568
limited to the standard list of court-related functions in s.
569
28.35(4)(a).
570
(a) If the corporation verifies that the proposed budget is
571
limited to the standard list of court-related functions in s.
572
28.35(4)(a) and a revenue deficit is projected, a clerk seeking
573
to retain revenues pursuant to this subsection shall increase all
574
fees, service charges, and any other court-related clerk fees and
575
charges to the maximum amounts specified by law or the amount
576
necessary to resolve the deficit, whichever is less. If, after
577
increasing fees, service charges, and any other court-related
578
clerk fees and charges to the maximum amounts specified by law, a
579
revenue deficit is still projected, the corporation shall,
580
pursuant to the terms of the contract with the Chief Financial
581
Officer, certify a revenue deficit and notify the Department of
582
Revenue that the clerk is authorized to retain revenues, in an
583
amount necessary to fully fund the projected revenue deficit,
584
which he or she would otherwise be required to remit to the
585
Department of Revenue for deposit into the Department of Revenue
586
Clerks of the Court Trust Fund pursuant to s. 28.37. If a revenue
587
deficit is projected for that clerk after retaining all of the
588
projected collections from the court-related fines, fees, service
589
charges, and costs, the Department of Revenue shall certify the
590
amount of the revenue deficit amount to the Executive Office of
591
the Governor and request release authority for funds appropriated
592
for this purpose from the Department of Revenue Clerks of the
593
Court Trust Fund. Notwithstanding provisions of s. 216.192
594
related to the release of funds, the Executive Office of the
595
Governor may approve the release of funds appropriated to resolve
596
projected revenue deficits in accordance with the notice, review,
597
and objection procedures set forth in s. 216.177 and shall
598
provide notice to the Chief Financial Officer. The Department of
599
Revenue is directed to request monthly distributions from the
600
Chief Financial Officer in equal amounts to each clerk certified
601
to have a revenue deficit, in accordance with the releases
602
approved by the Governor.
603
(b) If the Chief Financial Officer finds the court-related
604
budget proposed by a clerk includes functions not included in the
605
standard list of court-related functions in s. 28.35(4)(a), the
606
Chief Financial Officer shall notify the clerk of the amount of
607
the proposed budget not eligible to be funded from fees, service
608
charges, costs, and fines for court-related functions and shall
609
identify appropriate corrective measures to ensure budget
610
integrity. The clerk shall then immediately discontinue all
611
ineligible expenditures of court-related funds for this purpose
612
and reimburse the Clerks of the Court Trust Fund for any
613
previously ineligible expenditures made for non-court-related
614
functions, and shall implement any corrective actions identified
615
by the Chief Financial Officer.
616
(5)(a) For the county fiscal year October 1, 2004, through
617
September 30, 2005, the maximum annual budget amount for the
618
standard list of court-related functions of the clerks of court
619
in s. 28.35(4)(a) that may be funded from fees, service charges,
620
court costs, and fines retained by the clerks of the court shall
621
not exceed:
622
1. One hundred and three percent of the clerk's estimated
623
expenditures for the prior county fiscal year; or
624
2. One hundred and five percent of the clerk's estimated
625
expenditures for the prior county fiscal year for those clerks in
626
counties that for calendar years 1998-2002 experienced an average
627
annual increase of at least 5 percent in both population and case
628
filings for all case types as reported through the Summary
629
Reporting System used by the state courts system.
630
(b) For the county fiscal year 2005-2006, the maximum
631
budget amount for the standard list of court-related functions of
632
the clerks of court in s. 28.35(4)(a) that may be funded from
633
fees, service charges, court costs, and fines retained by the
634
clerks of the court shall be the approved budget for county
635
fiscal year 2004-2005 adjusted by the projected percentage change
636
in revenue between the county fiscal years 2004-2005 and 2005-
637
2006.
638
(c) For the county fiscal years 2006-2007 and thereafter,
639
the maximum budget amount for the standard list of court-related
640
functions of the clerks of court in s. 28.35(4)(a) that may be
641
funded from fees, service charges, court costs, and fines
642
retained by the clerks of the court shall be established by first
643
rebasing the prior fiscal year budget to reflect the actual
644
percentage change in the prior fiscal year revenue and then
645
adjusting the rebased prior fiscal year budget by the projected
646
percentage change in revenue for the proposed budget year. The
647
rebasing calculations and maximum annual budget calculations
648
shall be as follows:
649
1. For county fiscal year 2006-2007, the approved budget
650
for county fiscal year 2004-2005 shall be adjusted for the actual
651
percentage change in revenue between the two 12-month periods
652
ending June 30, 2005, and June 30, 2006. This result is the
653
rebased budget for the county fiscal year 2005-2006. Then the
654
rebased budget for the county fiscal year 2005-2006 shall be
655
adjusted by the projected percentage change in revenue between
656
the county fiscal years 2005-2006 and 2006-2007. This result
657
shall be the maximum annual budget amount for the standard list
658
of court-related functions of the clerks of court in s.
659
28.35(4)(a) that may be funded from fees, service charges, court
660
costs, and fines retained by the clerks of the court for each
661
clerk for the county fiscal year 2006-2007.
662
2. For county fiscal year 2007-2008, the rebased budget for
663
county fiscal year 2005-2006 shall be adjusted for the actual
664
percentage change in revenue between the two 12-month periods
665
ending June 30, 2006, and June 30, 2007. This result is the
666
rebased budget for the county fiscal year 2006-2007. The rebased
667
budget for county fiscal year 2006-2007 shall be adjusted by the
668
projected percentage change in revenue between the county fiscal
669
years 2006-2007 and 2007-2008. This result shall be the maximum
670
annual budget amount for the standard list of court-related
671
functions of the clerks of court in s. 28.35(4)(a) that may be
672
funded from fees, service charges, court costs, and fines
673
retained by the clerks of the court for county fiscal year 2007-
674
2008.
675
3. For county fiscal years 2008-2009 and thereafter, the
676
maximum budget amount for the standard list of court-related
677
functions of the clerks of court in s. 28.35(4)(a) that may be
678
funded from fees, service charges, court costs, and fines
679
retained by the clerks of the court shall be calculated as the
680
rebased budget for the prior county fiscal year adjusted by the
681
projected percentage change in revenues between the prior county
682
fiscal year and the county fiscal year for which the maximum
683
budget amount is being authorized. The rebased budget for the
684
prior county fiscal year shall always be calculated by adjusting
685
the rebased budget for the year preceding the prior county fiscal
686
year by the actual percentage change in revenues between the 12-
687
month period ending June 30 of the year preceding the prior
688
county fiscal year and the 12-month period ending June 30 of the
689
prior county fiscal year.
690
Section 11. Subsection (1) of section 34.041, Florida
691
Statutes, is amended to read:
692
34.041 Filing fees.--
693
(1)(a) Upon the institution of any civil action, suit, or
694
proceeding in county court, the party shall pay the following
695
filing fee, not to exceed:
696
1. For all claims less than $100....$50.
697
2. For all claims of $100 or more but not more than
698
$500....$75.
699
3. For all claims of more than $500 but not more than
700
$2,500....$170 $150.
701
4. For all claims of more than $2,500....$295 $250.
702
5. In addition, for all proceedings of garnishment,
703
attachment, replevin, and distress....$85 $75.
704
6. For removal of tenant action....$265 $75.
705
(b) The first $80 $50 of the filing fee collected under
706
subparagraph (a)4. shall be remitted to the Department of Revenue
707
for deposit into the General Revenue Fund. The next $15 of the
708
filing fee collected under subparagraph (a)4., and the first $15
709
of each filing fee collected under subparagraph (a)6., shall be
710
deposited in the state courts' Mediation and Arbitration Trust
711
Fund. One-third of any filing fees collected by the clerk under
712
this section in excess of the first $95 $50 collected under
713
subparagraph (a)4. shall be remitted to the Department of Revenue
714
for deposit into the Department of Revenue Clerks of the Court
715
Trust Fund. An additional filing fee of $4 shall be paid to the
716
clerk. The clerk shall transfer $3.50 to the Department of
717
Revenue for deposit into the Court Education Trust Fund and shall
718
transfer 50 cents to the Department of Revenue for deposit into
719
the Department of Financial Services' Administrative Trust Fund
720
to fund clerk education. Postal charges incurred by the clerk of
721
the county court in making service by mail on defendants or other
722
parties shall be paid by the party at whose instance service is
723
made. Except as provided herein, filing fees and service charges
724
for performing duties of the clerk relating to the county court
725
shall be as provided in ss. 28.24 and 28.241. Except as otherwise
726
provided herein, all filing fees shall be retained as fee income
727
of the office of the clerk of circuit court. Filing fees imposed
728
by this section may not be added to any penalty imposed by
729
chapter 316 or chapter 318.
730
(c) Any party other than a party described in paragraph (a)
731
who files a pleading in an original civil action in the county
732
court for affirmative relief by cross-claim, counterclaim, or
733
third-party complaint, or who files a notice of cross-appeal or
734
notice of joinder or motion to intervene as an appellant, cross-
735
appellant, or petitioner, shall pay the clerk of court a fee of
736
$295 if the relief sought by the party under this paragraph
737
exceeds $2,500. This fee shall not apply where the cross-claim,
738
counterclaim, or third-party complaint requires transfer of the
739
case from county to circuit court. The clerk shall remit the fee
740
to the Department of Revenue for deposit into the General Revenue
741
Fund.
742
(d) The clerk of court shall collect a service charge of
743
$10 for issuing a summons. The clerk shall assess the fee against
744
the party seeking to have the summons issued.
745
Section 12. Section 35.06, Florida Statutes, is amended to
746
read:
747
35.06 Organization of district courts of appeal.--A
748
district court of appeal shall be organized in each of the five
749
appellate districts to be named District Court of Appeal, _____
750
District. The number of judges of each district court of appeal
751
shall be as follows:
752
(1) In the first district there shall be 15 judges.
753
(2) In the second district there shall be 14 judges.
754
(3) In the third district there shall be 10 11 judges.
755
(4) In the fourth district there shall be 12 judges.
756
(5) In the fifth district there shall be 10 judges.
757
Section 13. Subsection (3) of section 35.22, Florida
758
Statutes, is amended to read:
759
35.22 Clerk of district court; appointment; compensation;
760
assistants; filing fees; teleconferencing.--
761
(3)(a) The clerk, upon the filing of a certified copy of a
762
notice of appeal or petition, shall charge and collect a filing
763
fee of $300 for each case docketed, and service charges as
764
provided in s. 28.24 for copying, certifying or furnishing
765
opinions, records, papers or other instruments and for other
766
services. The State of Florida or its agencies, when appearing as
767
appellant or petitioner, is exempt from the filing fee required
768
in this subsection. From each attorney appearance pro hac vice,
769
the clerk shall collect a fee of $100 for deposit as provided in
770
this section.
771
(b) Upon the filing of a notice of cross-appeal, or a
772
notice of joinder or motion to intervene as an appellant, cross-
773
appellant, or petitioner, the clerk shall charge and collect a
774
filing fee of $295. The clerk shall remit the fee to the
775
Department of Revenue for deposit into the General Revenue Fund.
776
The state and its agencies are exempt from the filing fee
777
required by this paragraph.
778
Section 14. Subsections (3), (4), and (5) of section 40.24,
779
Florida Statutes, are amended to read:
780
40.24 Compensation and reimbursement policy.--
781
(3)(a) Jurors who are regularly employed and who continue
782
to receive regular wages while serving as a juror are not
783
entitled to receive compensation from the clerk of the circuit
784
court state for the first 3 days of juror service.
785
(b) Jurors who are not regularly employed or who do not
786
continue to receive regular wages while serving as a juror are
787
entitled to receive $15 per day for the first 3 days of juror
788
service.
789
(4) Each juror who serves more than 3 days is entitled to
790
be paid by the clerk of the circuit court state for the fourth
791
day of service and each day thereafter at the rate of $30 per day
792
of service.
793
(5) Jurors are not entitled to additional reimbursement by
794
the clerk of the circuit court state for travel or other out-of-
795
pocket expenses.
796
Section 15. Section 40.26, Florida Statutes, is amended to
797
read:
798
40.26 Meals and lodging for jurors.--The sheriff, when
799
required by order of the court, shall provide juries with meals
800
and lodging, the expense to be taxed against and paid by the
801
clerk of the circuit court state.
802
Section 16. Section 40.29, Florida Statutes, is amended to
803
read:
804
40.29 Payment of due-process costs.--
805
(1)(a) Each clerk of the circuit court, on behalf of the
806
courts, the state attorney, private court-appointed counsel, and
807
the public defender, and the criminal conflict and civil regional
808
counsel, shall forward to the Justice Administrative Commission,
809
by county, a quarterly estimate of funds necessary to pay for
810
ordinary witnesses, including, but not limited to, witnesses in
811
civil traffic cases and witnesses of the state attorney, the
812
public defender, criminal conflict and civil regional counsel,
813
private court-appointed counsel, and persons determined to be
814
indigent for costs. Each quarter of the state fiscal year, the
815
commission, based upon the estimates, shall advance funds to each
816
clerk to pay for these ordinary witnesses from state funds
817
specifically appropriated for the payment of ordinary witnesses.
818
(b) Each clerk of the circuit court shall forward to the
819
Office of the State Courts Administrator, by county, a quarterly
820
estimate of funds necessary to pay juror compensation.
821
(2) Upon receipt of an estimate pursuant to subsection (1),
822
the Justice Administrative Commission or Office of State Courts
823
Administrator, as applicable, shall endorse the amount deemed
824
necessary for payment by the clerk of the court during the
825
quarterly fiscal period and shall submit a request for payment to
826
the Chief Financial Officer.
827
(3) Upon receipt of the funds from the Chief Financial
828
Officer, the clerk of the court shall pay all invoices approved
829
and submitted by the state attorney, the public defender,
830
criminal conflict and civil regional counsel, and private court-
831
appointed counsel circuit court administrator for the items
832
enumerated in subsection paragraphs (1)(a) and (b).
833
(4) After review for compliance with applicable rates and
834
requirements, the Justice Administrative Commission shall pay all
835
due process service related invoices, except those enumerated in
836
subsection paragraphs (1)(a) and (b), approved and submitted by
837
the state attorney, the public defender, criminal conflict and
838
civil regional counsel, or private court-appointed counsel in
839
accordance with the applicable requirements of ss. 29.005,
840
29.006, and 29.007.
841
Section 17. Section 40.31, Florida Statutes, is amended to
842
read:
843
40.31 Justice Administrative Commission State Courts
844
Administrator may apportion appropriation.--If the Justice
845
Administrative Commission has State Courts Administrator shall
846
have reason to believe that the amount appropriated by the
847
Legislature is insufficient to meet the expenses of jurors and
848
witnesses during the remaining part of the state fiscal year, the
849
commission he or she may apportion the money in the treasury for
850
that purpose among the several counties, basing such
851
apportionment upon the amount expended for the payment of jurors
852
and witnesses in each county during the prior fiscal year. In
853
such case, each county shall be paid by warrant, issued by the
854
Chief Financial Officer, only the amount so apportioned to each
855
county, and, when the amount so apportioned is insufficient to
856
pay in full all the jurors and witnesses during a quarterly
857
fiscal period, the clerk of the court shall apportion the money
858
received pro rata among the jurors and witnesses entitled to pay
859
and shall give to each juror or witness a certificate of the
860
amount of compensation still due, which certificate shall be held
861
by the commission State Courts Administrator as other demands
862
against the state.
863
Section 18. Section 40.32, Florida Statutes, is amended to
864
read:
865
40.32 Clerks to disburse money; payments to jurors and
866
witnesses.--
867
(1) All moneys drawn from the treasury under the provisions
868
of this chapter by the clerk of the court shall be disbursed by
869
the clerk of the court as far as needed in payment of jurors and
870
witnesses, except for expert witnesses paid under pursuant to a
871
contract or other professional services agreement pursuant to ss.
872
29.004, 29.005, 29.006, and 29.007, for the legal compensation
873
for service during the quarterly fiscal period for which the said
874
moneys were drawn and for no other purposes.
875
(2) The payment of jurors and the payment of expenses for
876
meals and lodging for jurors under the provisions of this chapter
877
are court-related functions that the clerk of the court shall
878
fund from filing fees, service charges, court costs, and fines as
879
part of the maximum annual budget under ss. 28.35 and 28.36.
880
(3) Jurors and witnesses shall be paid by the clerk of the
881
court either in cash or by warrant within 20 days after
882
completion of jury service or of completion of service as a
883
witness.
884
(a) Whenever the clerk of the court pays a juror or witness
885
by cash, the said juror or witness shall sign the payroll in the
886
presence of the clerk, a deputy clerk, or some other person
887
designated by the clerk.
888
(b) Whenever the clerk pays a juror or witness by warrant,
889
he or she shall endorse on the payroll opposite the juror's or
890
witness's name the words "Paid by warrant," giving the number and
891
date of the warrant.
892
Section 19. Section 40.33, Florida Statutes, is amended to
893
read:
894
40.33 Deficiency.--If the funds required for payment of the
895
items enumerated in s. 40.29(1)(a) or (b) in any county during a
896
quarterly fiscal period exceeds the amount of the funds provided
897
pursuant to s. 40.29(3), the state attorney, or public defender,
898
or criminal conflict and civil regional counsel, as applicable,
899
shall make a further request upon the Justice Administrative
900
Commission for the items enumerated in s. 40.29(1) s. 40.29(1)(a)
901
or the clerk of court shall make a further request upon the
902
Office of the State Courts Administrator for items enumerated in
903
s. 40.29(1)(b) for the amount necessary to allow for full
904
payment.
905
Section 20. Section 40.34, Florida Statutes, is amended to
906
read:
907
40.34 Clerks to make triplicate payroll.--
908
(1) The clerk of the court shall make out a payroll in
909
triplicate for the payment of jurors and witnesses, which payroll
910
shall contain:
911
(a) The name of each juror and witness entitled to be paid
912
with state funds;
913
(b) The number of days for which the such jurors and
914
witnesses are entitled to be paid;
915
(c) The number of miles traveled by each; and
916
(d) The total compensation each such juror or witness is
917
entitled to receive.
918
(2) The form of such payroll shall be prescribed by the
919
Chief Financial Officer.
920
(3) Compensation paid a witness or juror shall be attested
921
as provided in s. 40.32. The payroll shall be approved by the
922
signature of the clerk, or his or her deputy, except for the
923
payroll as to witnesses appearing before the state attorney,
924
which payroll shall be approved by the signature of the state
925
attorney or an assistant state attorney.
926
(4) The clerks of the courts shall forward two copies of
927
such payrolls to the Justice Administrative Commission State
928
Courts Administrator, within 2 weeks after the last day of the
929
quarterly fiscal period, and the commission State Courts
930
Administrator shall audit such payrolls.
931
Section 21. Section 40.35, Florida Statutes, is repealed.
932
Section 22. Section 40.355, Florida Statutes, is amended to
933
read:
934
40.355 Accounting and payment to public defenders and state
935
attorneys.--The clerk of the court shall, within 2 weeks after
936
the last day of the state's quarterly fiscal period, render to
937
the state attorney, and the public defender, and the criminal
938
conflict and civil regional counsel in each circuit a full
939
statement of accounts for state moneys received and disbursed
940
under this chapter for the payment of witnesses.
941
Section 23. Section 40.361, Florida Statutes, is amended to
942
read:
943
40.361 Applicability of laws regarding state budgeting and
944
finances.--The requirements contained within chapter 216,
945
including the provisions of s. 216.192 related to release of
946
funds, chapter 29, including ss. 29.015 and 29.016 related to use
947
of contingency funds for due process services, and all other laws
948
of this state relating to state budgeting and financing shall
949
apply to all processes authorized or required under this chapter
950
for the payment of the items enumerated in s. 40.29(1)(a) and
951
(b).
952
Section 24. Section 44.108, Florida Statutes, is amended to
953
read:
954
44.108 Funding of mediation and arbitration.--
955
(1) Mediation and arbitration should be accessible to all
956
parties regardless of financial status. A filing fee of $1 is
957
levied on all proceedings in the circuit or county courts to fund
958
mediation and arbitration services which are the responsibility
959
of the Supreme Court pursuant to the provisions of s. 44.106. The
960
clerk of the court shall forward the moneys collected to the
961
Department of Revenue for deposit in the state courts' Mediation
962
and Arbitration Trust Fund.
963
(2) When court-ordered mediation services are provided by a
964
circuit court's mediation program, the following fees, unless
965
otherwise established in the General Appropriations Act, shall be
966
collected by the clerk of court:
967
(a) One-hundred twenty Eighty dollars per person per
968
scheduled session in family mediation when the parties' combined
969
income is greater than $50,000, but less than $100,000 per year;
970
(b) Sixty Forty dollars per person per scheduled session in
971
family mediation when the parties' combined income is less than
972
$50,000; or
973
(c) Sixty Forty dollars per person per scheduled session in
974
county court cases.
975
976
No mediation fees shall be assessed under this subsection in
977
residential eviction cases, against a party found to be indigent,
978
or for any small claims action. Fees collected by the clerk of
979
court pursuant to this section shall be remitted to the
980
Department of Revenue for deposit into the state courts'
981
Mediation and Arbitration Trust Fund to fund court-ordered
982
mediation. The clerk of court may deduct $1 per fee assessment
983
for processing this fee. The clerk of the court shall submit to
984
the chief judge of the circuit and to the Office of the State
985
Courts Administrator, no later than 30 days after the end of each
986
quarter of the fiscal year, beginning July 1, 2008, a report
987
specifying the amount of funds collected and remitted to the
988
state courts' Mediation and Arbitration Trust Fund under this
989
section and any other section during the previous each quarter of
990
the fiscal year. In addition to identifying the total aggregate
991
collections and remissions from all statutory sources, the report
992
must identify collections and remissions by each statutory
993
source.
994
Section 25. Section 45.035, Florida Statutes, is amended to
995
read:
996
45.035 Clerk's fees.--In addition to other fees or service
997
charges authorized by law, the clerk shall receive service
998
charges related to the judicial sales procedure set forth in ss.
999
45.031-45.034 and this section:
1000
(1) The clerk shall receive a service charge of $70 $60 for
1001
services in making, recording, and certifying the sale and title,
1002
which service charge shall be assessed as costs and shall be
1003
advanced by the plaintiff before the sale.
1004
(2) If there is a surplus resulting from the sale, the
1005
clerk may receive the following service charges, which shall be
1006
deducted from the surplus:
1007
(a) The clerk may withhold the sum of $28 $25 from the
1008
surplus which may only be used for purposes of educating the
1009
public as to the rights of homeowners regarding foreclosure
1010
proceedings.
1011
(b) The clerk is entitled to a service charge of $15 $10
1012
for notifying a surplus trustee of his or her appointment.
1013
(c) The clerk is entitled to a service charge of $15 $10
1014
for each disbursement of surplus proceeds.
1015
(d) The clerk is entitled to a service charge of $15 $10
1016
for appointing a surplus trustee, furnishing the surplus trustee
1017
with a copy of the final judgment and the certificate of
1018
disbursements, and disbursing to the surplus trustee the
1019
trustee's cost advance.
1020
Section 26. Subsection (3) of section 55.505, Florida
1021
Statutes, is amended to read:
1022
55.505 Notice of recording; prerequisite to enforcement.--
1023
(3) No execution or other process for enforcement of a
1024
foreign judgment recorded hereunder shall issue until 30 days
1025
after the mailing of notice by the clerk and payment of a service
1026
charge of up to $42 $37.50 to the clerk. When an action
1027
authorized in s. 55.509(1) is filed, it acts as an automatic stay
1028
of the effect of this section.
1029
Section 27. Subsection (1) of section 57.082, Florida
1030
Statutes, is amended to read:
1031
57.082 Determination of civil indigent status.--
1032
(1) APPLICATION TO THE CLERK.--A person seeking appointment
1033
of an attorney in a civil case eligible for court-appointed
1034
counsel, or seeking relief from prepayment of fees and costs
1035
under s. 57.081, based upon an inability to pay must apply to the
1036
clerk of the court for a determination of civil indigent status
1037
using an application form developed by the Florida Clerks of
1038
Court Operations Corporation with final approval by the Supreme
1039
Court.
1040
(a) The application must include, at a minimum, the
1041
following financial information:
1042
1. Net income, consisting of total salary and wages, minus
1043
deductions required by law, including court-ordered support
1044
payments.
1045
2. Other income, including, but not limited to, social
1046
security benefits, union funds, veterans' benefits, workers'
1047
compensation, other regular support from absent family members,
1048
public or private employee pensions, unemployment compensation,
1049
dividends, interest, rent, trusts, and gifts.
1050
3. Assets, including, but not limited to, cash, savings
1051
accounts, bank accounts, stocks, bonds, certificates of deposit,
1052
equity in real estate, and equity in a boat or a motor vehicle or
1053
in other tangible property.
1054
4. All liabilities and debts.
1055
1056
The application must include a signature by the applicant which
1057
attests to the truthfulness of the information provided. The
1058
application form developed by the corporation must include notice
1059
that the applicant may seek court review of a clerk's
1060
determination that the applicant is not indigent, as provided in
1061
this section.
1062
(b) The clerk shall assist a person who appears before the
1063
clerk and requests assistance in completing the application, and
1064
the clerk shall notify the court if a person is unable to
1065
complete the application after the clerk has provided assistance.
1066
(c) The clerk shall accept an application that is signed by
1067
the applicant and submitted on his or her behalf by a private
1068
attorney who is representing the applicant in the applicable
1069
matter.
1070
(d) A person who seeks appointment of an attorney in a case
1071
under chapter 39, at the trial or appellate level, for which an
1072
indigent person is eligible for court-appointed representation,
1073
shall pay a $50 application fee to the clerk for each application
1074
filed. The applicant shall pay the fee within 7 days after
1075
submitting the application. The clerk shall transfer monthly all
1076
application fees collected under this paragraph to the Department
1077
of Revenue for deposit into the Indigent Civil Defense Trust
1078
Fund, to be used as appropriated by the Legislature. The clerk
1079
may retain 10 percent of application fees collected monthly for
1080
administrative costs prior to remitting the remainder to the
1081
Department of Revenue. A person found to be indigent may not be
1082
refused counsel. If the person cannot pay the application fee,
1083
the clerk shall enroll the person in a payment plan pursuant to
1084
s. 28.246.
1085
Section 28. Subsection (6) of section 61.14, Florida
1086
Statutes, is amended to read:
1087
61.14 Enforcement and modification of support, maintenance,
1088
or alimony agreements or orders.--
1089
(6)(a)1. When support payments are made through the local
1090
depository or through the State Disbursement Unit, any payment or
1091
installment of support which becomes due and is unpaid under any
1092
support order is delinquent; and this unpaid payment or
1093
installment, and all other costs and fees herein provided for,
1094
become, after notice to the obligor and the time for response as
1095
set forth in this subsection, a final judgment by operation of
1096
law, which has the full force, effect, and attributes of a
1097
judgment entered by a court in this state for which execution may
1098
issue. No deduction shall be made by the local depository from
1099
any payment made for costs and fees accrued in the judgment by
1100
operation of law process under paragraph (b) until the total
1101
amount of support payments due the obligee under the judgment has
1102
been paid.
1103
2. A certified statement by the local depository evidencing
1104
a delinquency in support payments constitute evidence of the
1105
final judgment under this paragraph.
1106
3. The judgment under this paragraph is a final judgment as
1107
to any unpaid payment or installment of support which has accrued
1108
up to the time either party files a motion with the court to
1109
alter or modify the support order, and such judgment may not be
1110
modified by the court. The court may modify such judgment as to
1111
any unpaid payment or installment of support which accrues after
1112
the date of the filing of the motion to alter or modify the
1113
support order. This subparagraph does not prohibit the court from
1114
providing relief from the judgment pursuant to Rule 1.540,
1115
Florida Rules of Civil Procedure.
1116
(b)1. When an obligor is 15 days delinquent in making a
1117
payment or installment of support and the amount of the
1118
delinquency is greater than the periodic payment amount ordered
1119
by the court, the local depository shall serve notice on the
1120
obligor informing him or her of:
1121
a. The delinquency and its amount.
1122
b. An impending judgment by operation of law against him or
1123
her in the amount of the delinquency and all other amounts which
1124
thereafter become due and are unpaid, together with costs and a
1125
service charge of up to $25 $7.50, for failure to pay the amount
1126
of the delinquency.
1127
c. The obligor's right to contest the impending judgment
1128
and the ground upon which such contest can be made.
1129
d. The local depository's authority to release information
1130
regarding the delinquency to one or more credit reporting
1131
agencies.
1132
2. The local depository shall serve the notice by mailing
1133
it by first class mail to the obligor at his or her last address
1134
of record with the local depository. If the obligor has no
1135
address of record with the local depository, service shall be by
1136
publication as provided in chapter 49.
1137
3. When service of the notice is made by mail, service is
1138
complete on the date of mailing.
1139
(c) Within 15 days after service of the notice is complete,
1140
the obligor may file with the court that issued the support
1141
order, or with the court in the circuit where the local
1142
depository which served the notice is located, a motion to
1143
contest the impending judgment. An obligor may contest the
1144
impending judgment only on the ground of a mistake of fact
1145
regarding an error in whether a delinquency exists, in the amount
1146
of the delinquency, or in the identity of the obligor.
1147
(d) The court shall hear the obligor's motion to contest
1148
the impending judgment within 15 days after the date of the
1149
filing of the motion. Upon the court's denial of the obligor's
1150
motion, the amount of the delinquency and all other amounts which
1151
thereafter become due, together with costs and a service charge
1152
of up to $25 $7.50, become a final judgment by operation of law
1153
against the obligor. The depository shall charge interest at the
1154
rate established in s. 55.03 on all judgments for support.
1155
(e) If the obligor fails to file a motion to contest the
1156
impending judgment within the time limit prescribed in paragraph
1157
(c) and fails to pay the amount of the delinquency and all other
1158
amounts which thereafter become due, together with costs and a
1159
service charge of up to $25 $7.50, such amounts become a final
1160
judgment by operation of law against the obligor at the
1161
expiration of the time for filing a motion to contest the
1162
impending judgment.
1163
(f)1. Upon request of any person, the local depository
1164
shall issue, upon payment of a service charge of up to $25 $7.50,
1165
a payoff statement of the total amount due under the judgment at
1166
the time of the request. The statement may be relied upon by the
1167
person for up to 30 days from the time it is issued unless proof
1168
of satisfaction of the judgment is provided.
1169
2. When the depository records show that the obligor's
1170
account is current, the depository shall record a satisfaction of
1171
the judgment upon request of any interested person and upon
1172
receipt of the appropriate recording fee. Any person shall be
1173
entitled to rely upon the recording of the satisfaction.
1174
3. The local depository, at the direction of the
1175
department, or the obligee in a non-IV-D case, may partially
1176
release the judgment as to specific real property, and the
1177
depository shall record a partial release upon receipt of the
1178
appropriate recording fee.
1179
4. The local depository is not liable for errors in its
1180
recordkeeping, except when an error is a result of unlawful
1181
activity or gross negligence by the clerk or his or her
1182
employees.
1183
(g) The local depository shall send the department monthly
1184
by electronic means a list of all Title IV-D and non-Title IV-D
1185
cases in which a judgment by operation of law has been recorded
1186
during the month for which the data is provided. At a minimum,
1187
the depository shall provide the names of the obligor and
1188
obligee, social security numbers of the obligor and obligee, if
1189
available, and depository number.
1190
Section 29. Subsections (2) and (4) of section 316.193,
1191
Florida Statutes, is amended to read:
1192
316.193 Driving under the influence; penalties.--
1193
(2)(a) Except as provided in paragraph (b), subsection (3),
1194
or subsection (4), any person who is convicted of a violation of
1195
subsection (1) shall be punished:
1196
1. By a fine of:
1197
a. Not less than $500 $250 or more than $1,000 $500 for a
1198
first conviction.
1199
b. Not less than $1,000 $500 or more than $2,000 $1,000 for
1200
a second conviction; and
1201
2. By imprisonment for:
1202
a. Not more than 6 months for a first conviction.
1203
b. Not more than 9 months for a second conviction.
1204
3. For a second conviction, by mandatory placement for a
1205
period of at least 1 year, at the convicted person's sole
1206
expense, of an ignition interlock device approved by the
1207
department in accordance with s. 316.1938 upon all vehicles that
1208
are individually or jointly leased or owned and routinely
1209
operated by the convicted person, when the convicted person
1210
qualifies for a permanent or restricted license. The installation
1211
of such device may not occur before July 1, 2003.
1212
(b)1. Any person who is convicted of a third violation of
1213
this section for an offense that occurs within 10 years after a
1214
prior conviction for a violation of this section commits a felony
1215
of the third degree, punishable as provided in s. 775.082, s.
1216
775.083, or s. 775.084. In addition, the court shall order the
1217
mandatory placement for a period of not less than 2 years, at the
1218
convicted person's sole expense, of an ignition interlock device
1219
approved by the department in accordance with s. 316.1938 upon
1220
all vehicles that are individually or jointly leased or owned and
1221
routinely operated by the convicted person, when the convicted
1222
person qualifies for a permanent or restricted license. The
1223
installation of such device may not occur before July 1, 2003.
1224
2. Any person who is convicted of a third violation of this
1225
section for an offense that occurs more than 10 years after the
1226
date of a prior conviction for a violation of this section shall
1227
be punished by a fine of not less than $2,000 $1,000 or more than
1228
$5,000 $2,500 and by imprisonment for not more than 12 months. In
1229
addition, the court shall order the mandatory placement for a
1230
period of at least 2 years, at the convicted person's sole
1231
expense, of an ignition interlock device approved by the
1232
department in accordance with s. 316.1938 upon all vehicles that
1233
are individually or jointly leased or owned and routinely
1234
operated by the convicted person, when the convicted person
1235
qualifies for a permanent or restricted license. The installation
1236
of such device may not occur before July 1, 2003.
1237
3. Any person who is convicted of a fourth or subsequent
1238
violation of this section, regardless of when any prior
1239
conviction for a violation of this section occurred, commits a
1240
felony of the third degree, punishable as provided in s. 775.082,
1241
s. 775.083, or s. 775.084. However, the fine imposed for such
1242
fourth or subsequent violation may be not less than $2,000
1243
$1,000.
1244
(4) Any person who is convicted of a violation of
1245
subsection (1) and who has a blood-alcohol level or breath-
1246
alcohol level of 0.20 or higher, or any person who is convicted
1247
of a violation of subsection (1) and who at the time of the
1248
offense was accompanied in the vehicle by a person under the age
1249
of 18 years, shall be punished:
1250
(a) By a fine of:
1251
1. Not less than $1,000 $500 or more than $2,000 $1,000 for
1252
a first conviction.
1253
2. Not less than $2,000 $1,000 or more than $4,000 $2,000
1254
for a second conviction.
1255
3. Not less than $4,000 $2,000 for a third or subsequent
1256
conviction.
1257
(b) By imprisonment for:
1258
1. Not more than 9 months for a first conviction.
1259
2. Not more than 12 months for a second conviction.
1260
1261
For the purposes of this subsection, only the instant offense is
1262
required to be a violation of subsection (1) by a person who has
1263
a blood-alcohol level or breath-alcohol level of 0.20 or higher.
1264
(c) In addition to the penalties in paragraphs (a) and (b),
1265
the court shall order the mandatory placement, at the convicted
1266
person's sole expense, of an ignition interlock device approved
1267
by the department in accordance with s. 316.1938 upon all
1268
vehicles that are individually or jointly leased or owned and
1269
routinely operated by the convicted person for up to 6 months for
1270
the first offense and for at least 2 years for a second offense,
1271
when the convicted person qualifies for a permanent or restricted
1272
license. The installation of such device may not occur before
1273
July 1, 2003.
1274
Section 30. Section 318.121, Florida Statutes, is amended
1275
to read:
1276
318.121 Preemption of additional fees, fines, surcharges,
1277
and costs.--Notwithstanding any general or special law, or
1278
municipal or county ordinance, additional fees, fines,
1279
surcharges, or costs other than the court costs and surcharges
1280
assessed under s. 318.18(11), and (13), and (18) may not be added
1281
to the civil traffic penalties assessed in this chapter.
1282
Section 31. Subsection (10) of section 318.14, Florida
1283
Statutes, is amended to read:
1284
318.14 Noncriminal traffic infractions; exception;
1285
procedures.--
1286
(10)(a) Any person who does not hold a commercial driver's
1287
license and who is cited for an offense listed under this
1288
subsection may, in lieu of payment of fine or court appearance,
1289
elect to enter a plea of nolo contendere and provide proof of
1290
compliance to the clerk of the court or authorized operator of a
1291
traffic violations bureau. In such case, adjudication shall be
1292
withheld; however, no election shall be made under this
1293
subsection if such person has made an election under this
1294
subsection in the 12 months preceding election hereunder. No
1295
person may make more than three elections under this subsection.
1296
This subsection applies to the following offenses:
1297
1. Operating a motor vehicle without a valid driver's
1298
license in violation of the provisions of s. 322.03, s. 322.065,
1299
or s. 322.15(1), or operating a motor vehicle with a license
1300
which has been suspended for failure to appear, failure to pay
1301
civil penalty, or failure to attend a driver improvement course
1302
pursuant to s. 322.291.
1303
2. Operating a motor vehicle without a valid registration
1304
in violation of s. 320.0605, s. 320.07, or s. 320.131.
1305
3. Operating a motor vehicle in violation of s. 316.646.
1306
(b) Any person cited for an offense listed in this
1307
subsection shall present proof of compliance prior to the
1308
scheduled court appearance date. For the purposes of this
1309
subsection, proof of compliance shall consist of a valid,
1310
renewed, or reinstated driver's license or registration
1311
certificate and proper proof of maintenance of security as
1312
required by s. 316.646. Notwithstanding waiver of fine, any
1313
person establishing proof of compliance shall be assessed court
1314
costs of $25 $22, except that a person charged with violation of
1315
s. 316.646(1)-(3) may be assessed court costs of $8 $7. One
1316
dollar of such costs shall be remitted to the Department of
1317
Revenue for deposit into the Child Welfare Training Trust Fund of
1318
the Department of Children and Family Services. One dollar of
1319
such costs shall be distributed to the Department of Juvenile
1320
Justice for deposit into the Juvenile Justice Training Trust
1321
Fund. Fourteen Twelve dollars of such costs shall be distributed
1322
to the municipality and $9 $8 shall be deposited by the clerk of
1323
the court into the fine and forfeiture fund established pursuant
1324
to s. 142.01, if the offense was committed within the
1325
municipality. If the offense was committed in an unincorporated
1326
area of a county or if the citation was for a violation of s.
1327
316.646(1)-(3), the entire amount shall be deposited by the clerk
1328
of the court into the fine and forfeiture fund established
1329
pursuant to s. 142.01, except for the moneys to be deposited into
1330
the Child Welfare Training Trust Fund and the Juvenile Justice
1331
Training Trust Fund. This subsection shall not be construed to
1332
authorize the operation of a vehicle without a valid driver's
1333
license, without a valid vehicle tag and registration, or without
1334
the maintenance of required security.
1335
Section 32. Subsection (1) of section 318.15, Florida
1336
Statutes, is amended to read:
1337
318.15 Failure to comply with civil penalty or to appear;
1338
penalty.--
1339
(1)(a) If a person fails to comply with the civil penalties
1340
provided in s. 318.18 within the time period specified in s.
1341
318.14(4), fails to attend driver improvement school, or fails to
1342
appear at a scheduled hearing, the clerk of the court shall
1343
notify the Division of Driver Licenses of the Department of
1344
Highway Safety and Motor Vehicles of such failure within 10 days
1345
after such failure. Upon receipt of such notice, the department
1346
shall immediately issue an order suspending the driver's license
1347
and privilege to drive of such person effective 20 days after the
1348
date the order of suspension is mailed in accordance with s.
1349
322.251(1), (2), and (6). Any such suspension of the driving
1350
privilege which has not been reinstated, including a similar
1351
suspension imposed outside Florida, shall remain on the records
1352
of the department for a period of 7 years from the date imposed
1353
and shall be removed from the records after the expiration of 7
1354
years from the date it is imposed.
1355
(b) However, a person who elects to attend driver
1356
improvement school and has paid the civil penalty as provided in
1357
s. 318.14(9), but who subsequently fails to attend the driver
1358
improvement school within the time specified by the court shall
1359
be deemed to have admitted the infraction and shall be
1360
adjudicated guilty. In such case the person must pay the clerk of
1361
the court the 18 percent deducted pursuant to s. 318.14(9), and a
1362
processing fee of up to $18 $15, after which no additional
1363
penalties, court costs, or surcharges shall be imposed for the
1364
violation. The clerk of the court shall notify the department of
1365
the person's failure to attend driver improvement school and
1366
points shall be assessed pursuant to s. 322.27.
1367
Section 33. Subsection (2) and paragraph (a) of subsection
1368
(11) of section 318.18, Florida Statutes, are amended, and
1369
subsection (18) is added to that section, to read:
1370
318.18 Amount of penalties.--The penalties required for a
1371
noncriminal disposition pursuant to s. 318.14 or a criminal
1372
offense listed in s. 318.17 are as follows:
1373
(2) Thirty dollars for all nonmoving traffic violations
1374
and:
1375
(a) For all violations of s. 322.19.
1376
(b) For all violations of ss. 320.0605, 320.07(1), 322.065,
1377
and 322.15(1). Any person who is cited for a violation of s.
1378
320.07(1) shall be charged a delinquent fee pursuant to s.
1379
320.07(4).
1380
1. If a person who is cited for a violation of s. 320.0605
1381
or s. 320.07 can show proof of having a valid registration at the
1382
time of arrest, the clerk of the court may dismiss the case and
1383
may assess a dismissal fee of up to $10 $7.50. A person who finds
1384
it impossible or impractical to obtain a valid registration
1385
certificate must submit an affidavit detailing the reasons for
1386
the impossibility or impracticality. The reasons may include, but
1387
are not limited to, the fact that the vehicle was sold, stolen,
1388
or destroyed; that the state in which the vehicle is registered
1389
does not issue a certificate of registration; or that the vehicle
1390
is owned by another person.
1391
2. If a person who is cited for a violation of s. 322.03,
1392
s. 322.065, or s. 322.15 can show a driver's license issued to
1393
him or her and valid at the time of arrest, the clerk of the
1394
court may dismiss the case and may assess a dismissal fee of up
1395
to $10 $7.50.
1396
3. If a person who is cited for a violation of s. 316.646
1397
can show proof of security as required by s. 627.733, issued to
1398
the person and valid at the time of arrest, the clerk of the
1399
court may dismiss the case and may assess a dismissal fee of up
1400
to $10 $7.50. A person who finds it impossible or impractical to
1401
obtain proof of security must submit an affidavit detailing the
1402
reasons for the impracticality. The reasons may include, but are
1403
not limited to, the fact that the vehicle has since been sold,
1404
stolen, or destroyed; that the owner or registrant of the vehicle
1405
is not required by s. 627.733 to maintain personal injury
1406
protection insurance; or that the vehicle is owned by another
1407
person.
1408
(c) For all violations of ss. 316.2935 and 316.610.
1409
However, for a violation of s. 316.2935 or s. 316.610, if the
1410
person committing the violation corrects the defect and obtains
1411
proof of such timely repair by an affidavit of compliance
1412
executed by the law enforcement agency within 30 days from the
1413
date upon which the traffic citation was issued, and pays $4 to
1414
the law enforcement agency, thereby completing the affidavit of
1415
compliance, then upon presentation of said affidavit by the
1416
defendant to the clerk within the 30-day time period set forth
1417
under s. 318.14(4), the fine must be reduced to $10 $7.50, which
1418
the clerk of the court shall retain.
1419
(d) For all violations of s. 316.126(1)(b), unless
1420
otherwise specified.
1421
(11)(a) In addition to the stated fine, court costs must be
1422
paid in the following amounts and shall be deposited by the clerk
1423
into the fine and forfeiture fund established pursuant to s.
1424
142.01:
1425
1426
For pedestrian infractions....$4 $ 3.
1427
For nonmoving traffic infractions....$18 $ 16.
1428
For moving traffic infractions....$35 $ 30.
1429
(18) In addition to any penalties imposed, an
1430
administrative fee of $12.50 must be paid for all noncriminal
1431
moving and nonmoving traffic violations under chapter 316.
1432
Revenue from the administrative fee shall be deposited by the
1433
clerk of court into the fine and forfeiture fund established
1434
pursuant to s. 142.01.
1435
Section 34. Subsections (1) and (2) of section 322.245,
1436
Florida Statutes, are amended to read:
1437
322.245 Suspension of license upon failure of person
1438
charged with specified offense under chapter 316, chapter 320, or
1439
this chapter to comply with directives ordered by traffic court
1440
or upon failure to pay child support in non-IV-D cases as
1441
provided in chapter 61 or failure to pay any financial obligation
1442
in any other criminal case.--
1443
(1) If a person charged with a violation of any of the
1444
criminal offenses enumerated in s. 318.17 or with the commission
1445
of any offense constituting a misdemeanor under chapter 320 or
1446
this chapter fails to comply with all of the directives of the
1447
court within the time allotted by the court, the clerk of the
1448
traffic court shall mail to the person, at the address specified
1449
on the uniform traffic citation, a notice of such failure,
1450
notifying him or her that, if he or she does not comply with the
1451
directives of the court within 30 days after the date of the
1452
notice and pay a delinquency fee of up to $25 $15 to the clerk,
1453
his or her driver's license will be suspended. The notice shall
1454
be mailed no later than 5 days after such failure. The
1455
delinquency fee may be retained by the office of the clerk to
1456
defray the operating costs of the office.
1457
(2) In non-IV-D cases, if a person fails to pay child
1458
support under chapter 61 and the obligee so requests, the
1459
depository or the clerk of the court shall mail in accordance
1460
with s. 61.13016 the notice specified in that section, notifying
1461
him or her that if he or she does not comply with the
1462
requirements of that section and pay a delinquency fee of $25 $10
1463
to the depository or the clerk, his or her driver's license and
1464
motor vehicle registration will be suspended. The delinquency fee
1465
may be retained by the depository or the office of the clerk to
1466
defray the operating costs of the office.
1467
Section 35. Subsections (2) and (4) of section 327.35,
1468
Florida Statutes, are amended to read:
1469
327.35 Boating under the influence; penalties; "designated
1470
drivers".--
1471
(2)(a) Except as provided in paragraph (b), subsection (3),
1472
or subsection (4), any person who is convicted of a violation of
1473
subsection (1) shall be punished:
1474
1. By a fine of:
1475
a. Not less than $500 $250 or more than $1,000 $500 for a
1476
first conviction.
1477
b. Not less than $1,000 $500 or more than $2,000 $1,000 for
1478
a second conviction; and
1479
2. By imprisonment for:
1480
a. Not more than 6 months for a first conviction.
1481
b. Not more than 9 months for a second conviction.
1482
(b)1. Any person who is convicted of a third violation of
1483
this section for an offense that occurs within 10 years after a
1484
prior conviction for a violation of this section commits a felony
1485
of the third degree, punishable as provided in s. 775.082, s.
1486
775.083, or s. 775.084.
1487
2. Any person who is convicted of a third violation of this
1488
section for an offense that occurs more than 10 years after the
1489
date of a prior conviction for a violation of this section shall
1490
be punished by a fine of not less than $2,000 $1,000 or more than
1491
$5,000 $2,500 and by imprisonment for not more than 12 months.
1492
3. Any person who is convicted of a fourth or subsequent
1493
violation of this section, regardless of when any prior
1494
conviction for a violation of this section occurred, commits a
1495
felony of the third degree, punishable as provided in s. 775.082,
1496
s. 775.083, or s. 775.084.
1497
1498
However, the fine imposed for such fourth or subsequent violation
1499
may not be less than $2,000 $1,000.
1500
(4) Any person who is convicted of a violation of
1501
subsection (1) and who has a blood-alcohol level or breath-
1502
alcohol level of 0.20 or higher, or any person who is convicted
1503
of a violation of subsection (1) and who at the time of the
1504
offense was accompanied in the vessel by a person under the age
1505
of 18 years, shall be punished:
1506
(a) By a fine of:
1507
1. Not less than $1,000 $500 or more than $2,000 $1,000 for
1508
a first conviction.
1509
2. Not less than $2,000 $1,000 or more than $4,000 $2,000
1510
for a second conviction.
1511
3. Not less than $4,000 $2,000 for a third or subsequent
1512
conviction.
1513
(b) By imprisonment for:
1514
1. Not more than 9 months for a first conviction.
1515
2. Not more than 12 months for a second conviction.
1516
1517
For the purposes of this subsection, only the instant offense is
1518
required to be a violation of subsection (1) by a person who has
1519
a blood-alcohol level or breath-alcohol level of 0.20 or higher.
1520
Section 36. Subsection (4), paragraph (a) of subsection
1521
(9), and subsection (11) of section 327.73, Florida Statutes, are
1522
amended to read:
1523
327.73 Noncriminal infractions.--
1524
(4) Any person charged with a noncriminal infraction under
1525
this section may:
1526
(a) Pay the civil penalty, either by mail or in person,
1527
within 30 days of the date of receiving the citation; or,
1528
(b) If he or she has posted bond, forfeit bond by not
1529
appearing at the designated time and location.
1530
1531
If the person cited follows either of the above procedures, he or
1532
she shall be deemed to have admitted the noncriminal infraction
1533
and to have waived the right to a hearing on the issue of
1534
commission of the infraction. Such admission shall not be used as
1535
evidence in any other proceedings. If a person who is cited for a
1536
violation of s. 327.395 can show a boating safety identification
1537
card issued to that person and valid at the time of the citation,
1538
the clerk of the court may dismiss the case and may assess a
1539
dismissal fee of up to $10 $7.50. If a person who is cited for a
1540
violation of s. 328.72(13) can show proof of having a
1541
registration for that vessel which was valid at the time of the
1542
citation, the clerk may dismiss the case and may assess the
1543
dismissal fee.
1544
(9)(a) Any person who fails to comply with the court's
1545
requirements or who fails to pay the civil penalties specified in
1546
this section within the 30-day period provided for in s. 327.72
1547
must pay an additional court cost of up to $20 $18, which shall
1548
be used by the clerks of the courts to defray the costs of
1549
tracking unpaid uniform boating citations.
1550
(11)(a) Court costs that are to be in addition to the
1551
stated civil penalty shall be imposed by the court in an amount
1552
not less than the following:
1553
1. For swimming or diving infractions, $4 $3.
1554
2. For nonmoving boating infractions, $18 $6.
1555
3. For boating infractions listed in s. 327.731(1), $35
1556
$10.
1557
1558
(b) In addition to the court cost assessed under paragraph
1559
(a), the court shall impose a $3 court cost for each noncriminal
1560
infraction, to be distributed as provided in s. 938.01, and a $2
1561
court cost as provided in s. 938.15 when assessed by a
1562
municipality or county.
1563
1564
Court costs imposed under this subsection may not exceed $45 $30.
1565
A criminal justice selection center or both local criminal
1566
justice access and assessment centers may be funded from these
1567
court costs.
1568
Section 37. Paragraph (i) of subsection (1) of section
1569
372.83, Florida Statutes, is amended to read:
1570
372.83 Penalties and violations; civil penalties for
1571
noncriminal infractions; criminal penalties; suspension and
1572
forfeiture of licenses and permits.--
1573
(1)
1574
(i) A person cited for violating the requirements of s.
1575
372.57 relating to personal possession of a license or permit may
1576
not be convicted if, prior to or at the time of a county court
1577
hearing, the person produces the required license or permit for
1578
verification by the hearing officer or the court clerk. The
1579
license or permit must have been valid at the time the person was
1580
cited. The clerk or hearing officer may assess a $10 $5 fee for
1581
costs under this paragraph.
1582
Section 38. Subsection (1) of section 713.24, Florida
1583
Statutes, is amended to read:
1584
713.24 Transfer of liens to security.--
1585
(1) Any lien claimed under this part may be transferred, by
1586
any person having an interest in the real property upon which the
1587
lien is imposed or the contract under which the lien is claimed,
1588
from such real property to other security by either:
1589
(a) Depositing in the clerk's office a sum of money, or
1590
(b) Filing in the clerk's office a bond executed as surety
1591
by a surety insurer licensed to do business in this state,
1592
1593
either to be in an amount equal to the amount demanded in such
1594
claim of lien, plus interest thereon at the legal rate for 3
1595
years, plus $1,000 or 25 percent of the amount demanded in the
1596
claim of lien, whichever is greater, to apply on any attorney's
1597
fees and court costs that may be taxed in any proceeding to
1598
enforce said lien. Such deposit or bond shall be conditioned to
1599
pay any judgment or decree which may be rendered for the
1600
satisfaction of the lien for which such claim of lien was
1601
recorded. Upon making such deposit or filing such bond, the clerk
1602
shall make and record a certificate showing the transfer of the
1603
lien from the real property to the security and shall mail a copy
1604
thereof by registered or certified mail to the lienor named in
1605
the claim of lien so transferred, at the address stated therein.
1606
Upon filing the certificate of transfer, the real property shall
1607
thereupon be released from the lien claimed, and such lien shall
1608
be transferred to said security. In the absence of allegations of
1609
privity between the lienor and the owner, and subject to any
1610
order of the court increasing the amount required for the lien
1611
transfer deposit or bond, no other judgment or decree to pay
1612
money may be entered by the court against the owner. The clerk
1613
shall be entitled to a service charge for making and serving the
1614
certificate, in the amount of up to $20 $15. If the transaction
1615
involves the transfer of multiple liens, an additional charge of
1616
up to $10 $7.50 for each additional lien shall be charged. For
1617
recording the certificate and approving the bond, the clerk shall
1618
receive her or his usual statutory service charges as prescribed
1619
in s. 28.24. Any number of liens may be transferred to one such
1620
security.
1621
Section 39. Subsection (3) of section 721.83, Florida
1622
Statutes, is amended to read:
1623
721.83 Consolidation of foreclosure actions.--
1624
(3) A consolidated timeshare foreclosure action shall be
1625
considered a single action, suit, or proceeding for the payment
1626
of filing fees and service charges pursuant to general law. In
1627
addition to the payment of such filing fees and service charges,
1628
an additional filing fee of up to $10 $5 for each timeshare
1629
estate joined in that action shall be paid to the clerk of court.
1630
Section 40. Subsection (6) of section 744.365, Florida
1631
Statutes, is amended to read:
1632
744.365 Verified inventory.--
1633
(6) AUDIT FEE.--
1634
(a) Where the value of the ward's property exceeds $25,000,
1635
a guardian shall pay from the ward's property to the clerk of the
1636
circuit court a fee of up to $85 $75, upon the filing of the
1637
verified inventory, for the auditing of the inventory. Upon
1638
petition by the guardian, the court may waive the auditing fee
1639
upon a showing of insufficient funds in the ward's estate. Any
1640
guardian unable to pay the auditing fee may petition the court
1641
for waiver of the fee. The court may waive the fee after it has
1642
reviewed the documentation filed by the guardian in support of
1643
the waiver.
1644
(b) An audit fee may not be charged to any ward whose
1645
property has a value of less than $25,000.
1646
Section 41. Subsection (4) of section 744.3678, Florida
1647
Statutes, is amended to read:
1648
744.3678 Annual accounting.--
1649
(4) The guardian shall pay from the ward's estate to the
1650
clerk of the circuit court a fee based upon the following
1651
graduated fee schedule, upon the filing of the annual financial
1652
return, for the auditing of the return:
1653
(a) For estates with a value of $25,000 or less the clerk
1654
of the court may charge a fee of up to $20 $15.
1655
(b) For estates with a value of more than $25,000 up to and
1656
including $100,000 the clerk of the court may charge a fee of up
1657
to $85 $75.
1658
(c) For estates with a value of more than $100,000 up to
1659
and including $500,000 the clerk of the court may charge a fee of
1660
up to $170 $150.
1661
(d) For estates with a value in excess of $500,000 the
1662
clerk of the court may charge a fee of up to $250 $225.
1663
1664
Upon petition by the guardian, the court may waive the auditing
1665
fee upon a showing of insufficient funds in the ward's estate.
1666
Any guardian unable to pay the auditing fee may petition the
1667
court for a waiver of the fee. The court may waive the fee after
1668
it has reviewed the documentation filed by the guardian in
1669
support of the waiver.
1670
Section 42. Subsection (2) of section 766.104, Florida
1671
Statutes, is amended to read:
1672
766.104 Pleading in medical negligence cases; claim for
1673
punitive damages; authorization for release of records for
1674
investigation.--
1675
(2) Upon petition to the clerk of the court where the suit
1676
will be filed and payment to the clerk of a filing fee, not to
1677
exceed $42 $37.50, an automatic 90-day extension of the statute
1678
of limitations shall be granted to allow the reasonable
1679
investigation required by subsection (1). This period shall be in
1680
addition to other tolling periods. No court order is required for
1681
the extension to be effective. The provisions of this subsection
1682
shall not be deemed to revive a cause of action on which the
1683
statute of limitations has run.
1684
Section 43. Subsection (1) of section 938.05, Florida
1685
Statutes, is amended to read:
1686
938.05 Additional court costs for felonies, misdemeanors,
1687
and criminal traffic offenses.--
1688
(1) Any person pleading nolo contendere to a misdemeanor or
1689
criminal traffic offense under s. 318.14(10)(a) or pleading
1690
guilty or nolo contendere to, or being found guilty of, any
1691
felony, misdemeanor, or criminal traffic offense under the laws
1692
of this state or the violation of any municipal or county
1693
ordinance which adopts by reference any misdemeanor under state
1694
law, shall pay as a cost in the case, in addition to any other
1695
cost required to be imposed by law, a sum in accordance with the
1696
following schedule:
1697
(a) Felonies....$225 $200
1698
(b) Misdemeanors....$60 $50
1699
(c) Criminal traffic offenses....$60 $50
1700
Section 44. Subsections (1), (2), and (8) of section
1701
938.27, Florida Statutes, are amended to read:
1702
938.27 Judgment for costs on conviction.--
1703
(1) In all criminal and violation-of-probation or
1704
community-control cases, convicted persons are liable for payment
1705
of the documented costs of prosecution, including investigative
1706
costs incurred by law enforcement agencies, by fire departments
1707
for arson investigations, and by investigations of the Department
1708
of Financial Services or the Office of Financial Regulation of
1709
the Financial Services Commission, if requested by such agencies.
1710
The court shall include these costs in every shall be included
1711
and entered in the judgment rendered against the convicted
1712
person. For purposes of this section, "convicted" means a
1713
determination of guilt, or of violation of probation or community
1714
control, which is a result of a plea, trial, or violation
1715
proceeding, regardless of whether adjudication is withheld.
1716
(2)(a) The court shall impose the costs of prosecution and
1717
investigation notwithstanding the defendant's present ability to
1718
pay. The court shall require the defendant to pay the costs
1719
within a specified period or in specified installments.
1720
(b) The end of such period or the last such installment
1721
shall not be later than:
1722
1. The end of the period of probation or community control,
1723
if probation or community control is ordered;
1724
2. Five years after the end of the term of imprisonment
1725
imposed, if the court does not order probation or community
1726
control; or
1727
3. Five years after the date of sentencing in any other
1728
case.
1729
1730
However, in no event shall the obligation to pay any unpaid
1731
amounts expire if not paid in full within the period specified in
1732
this paragraph.
1733
(c) If not otherwise provided by the court under this
1734
section, costs shall be paid immediately.
1735
(8) Costs for the state attorney shall be set in all cases
1736
at no less than $50 per case when a misdemeanor or criminal
1737
traffic offense is charged and no less than $100 per case when a
1738
felony offense is charged, including a proceeding in which the
1739
underlying offense is a violation of probation or community
1740
control. The court may set a higher amount upon a showing of
1741
sufficient proof of higher costs incurred. Costs recovered on
1742
behalf of that are collected by the state attorney under this
1743
section shall be deposited into the state attorney's grants and
1744
donations trust fund to be used during the fiscal year in which
1745
the funds are collected, or in any subsequent fiscal year, for
1746
actual expenses incurred in investigating and prosecuting
1747
criminal cases, which may include the salaries of permanent
1748
employees, or for any other purpose authorized by the
1749
Legislature.
1750
Section 45. Subsection (1) of section 938.29, Florida
1751
Statutes, is amended to read:
1752
938.29 Legal assistance; lien for payment of attorney's
1753
fees or costs.--
1754
(1)(a) A defendant who is convicted determined to be guilty
1755
of a criminal act or a violation-of-probation or community-
1756
control by a court or jury or through a plea of guilty or nolo
1757
contendere and who has received the assistance of the public
1758
defender's office, a special assistant public defender, the
1759
office of criminal conflict and civil regional counsel, or a
1760
private conflict attorney, or who has received due process
1761
services after being found indigent for costs under s. 27.52,
1762
shall be liable for payment of the assessed application fee under
1763
s. 27.52 and attorney's fees and costs. Attorney's fees and costs
1764
shall be set in all cases at no less than $50 per case when a
1765
misdemeanor or criminal traffic offense is charged and no less
1766
than $100 per case when a felony offense is charged, including a
1767
proceeding in which the underlying offense is a violation of
1768
probation or community control. The court may set a higher amount
1769
upon a showing of sufficient proof of higher fees or costs
1770
incurred. For purposes of this section, "convicted" means a
1771
determination of guilt, or of violation of probation or community
1772
control, which is a result of a plea, trial, or violation
1773
proceeding, regardless of whether adjudication is withheld. The
1774
court shall include these fees and costs in every judgment
1775
rendered against the convicted person determine the amount of the
1776
obligation. Such costs shall include, but not be limited to, the
1777
cost of depositions; cost of transcripts of depositions,
1778
including the cost of defendant's copy, which transcripts are
1779
certified by the defendant's attorney as having served a useful
1780
purpose in the disposition of the case; investigative costs;
1781
witness fees; the cost of psychiatric examinations; or other
1782
reasonable costs specially incurred by the state and the clerk of
1783
court for the defense of the defendant in criminal prosecutions.
1784
Costs shall not include expenses inherent in providing a
1785
constitutionally guaranteed jury trial or expenditures in
1786
connection with the maintenance and operation of government
1787
agencies that must be made by the public irrespective of specific
1788
violations of law. Any costs assessed pursuant to this paragraph
1789
shall be reduced by any amount assessed against a defendant
1790
pursuant to s. 938.05.
1791
(b) Upon entering a judgment of conviction, the defendant
1792
shall be liable to pay the attorney's fees and costs in full
1793
after the judgment of conviction becomes final. The court shall
1794
impose the attorney's fees and costs notwithstanding the
1795
defendant's present ability to pay.
1796
(c) The defendant shall pay the application fee under s.
1797
27.52(1)(b) and attorney's fees and costs in full or in
1798
installments, at the time or times specified. The court may order
1799
payment of the assessed application fee and attorney's fees and
1800
costs as a condition of probation, of suspension of sentence, or
1801
of withholding the imposition of sentence. The first $40 from
1802
attorney's fees and costs collected under this section shall be
1803
transferred monthly by the clerk to the Department of Revenue for
1804
deposit into the Indigent Criminal Defense Trust Fund. All funds
1805
remaining attorney's fees and costs collected under this section
1806
shall be distributed as provided in s. 27.562 deposited into the
1807
General Revenue Fund.
1808
Section 46. Section 984.08, Florida Statutes, is amended to
1809
read:
1810
984.08 Attorney's fees.--
1811
(1) The court may appoint an attorney to represent a parent
1812
or legal guardian under this chapter only upon a finding that the
1813
parent or legal guardian is indigent pursuant to s. 57.082. If an
1814
attorney is appointed, the parent or legal guardian shall be
1815
enrolled in a payment plan pursuant to s. 28.246.
1816
(a) The finding of indigence of any parent or legal
1817
guardian may be made by the court at any stage of the
1818
proceedings. Any parent or legal guardian claiming indigence
1819
shall file with the court an affidavit containing the factual
1820
information required in paragraphs (c) and (d).
1821
(b) A parent or legal guardian who is unable to pay for the
1822
services of an attorney without substantial hardship to self or
1823
family is indigent for the purposes of this chapter.
1824
(c) Before finding that a parent or legal guardian is
1825
indigent, the court shall determine whether any of the following
1826
facts exist, and the existence of any such fact creates a
1827
presumption that the parent or legal guardian is not indigent:
1828
1. The parent or legal guardian has no dependents and has a
1829
gross income exceeding $250 per week; or, the parent or legal
1830
guardian has dependents and has a gross income exceeding $250 per
1831
week plus $100 per week for each dependent.
1832
2. The parent or legal guardian owns cash in excess of
1833
$1,000.
1834
3. The parent or legal guardian has an interest exceeding
1835
$1,000 in value in a single motor vehicle as defined in s.
1836
320.01.
1837
(d) The court shall also consider the following
1838
circumstances before finding that a parent or legal guardian is
1839
indigent:
1840
1. The probable expense of being represented in the case.
1841
2. The parent's or legal guardian's ownership of, or equity
1842
in, any intangible or tangible personal property or real property
1843
or expectancy of an interest in any such property.
1844
3. The amount of debts the parent or legal guardian owes or
1845
might incur because of illness or other misfortunes within the
1846
family.
1847
(2) If, after the appointment of counsel for an indigent
1848
parent or legal guardian, it is determined that the parent or
1849
legal guardian is not indigent, the court has continuing
1850
jurisdiction to assess attorney's fees and costs against the
1851
parent or legal guardian, and order the payment thereof. When
1852
payment of attorney's fees or costs has been assessed and ordered
1853
by the court, there is hereby created a lien in the name of the
1854
county in which the legal assistance was rendered, enforceable as
1855
provided in subsection (3), upon all the property, both real and
1856
personal, of the parent or legal guardian who received the court-
1857
ordered appointed counsel under this chapter. The lien
1858
constitutes a claim against the parent or legal guardian and the
1859
parent's or legal guardian's estate in an amount to be determined
1860
by the court in which the legal assistance was rendered.
1861
(3)(a) The lien created for court-ordered payment of
1862
attorney's fees or costs under subsection (2) is enforceable upon
1863
all the property, both real and personal, of the parent or legal
1864
guardian who is being, or has been, represented by legal counsel
1865
appointed by the court in proceedings under this chapter. The
1866
lien constitutes a claim against the person and the estate of the
1867
parent or legal guardian, enforceable according to law, in an
1868
amount to be determined by the court in which the legal
1869
assistance was rendered.
1870
(b) Immediately after the issuance of an order for the
1871
payment of attorney's fees or costs, a judgment showing the name,
1872
the residential address, the date of birth, and either a physical
1873
description or the social security number of the parent or legal
1874
guardian must be filed for record in the office of the clerk of
1875
the circuit court in the county where the parent or legal
1876
guardian resides and in each county in which the parent or legal
1877
guardian then owns or later acquires any property. The judgment
1878
is enforceable on behalf of the county by the board of county
1879
commissioners of the county in which the legal assistance was
1880
rendered.
1881
(c) Instead of the procedure described in paragraphs (a)
1882
and (b), the court is authorized to require that the parent or
1883
legal guardian who has been represented by legal counsel
1884
appointed by the court in proceedings under this chapter execute
1885
a lien upon his or her real or personal property, presently owned
1886
or after-acquired, as security for the debt created by the
1887
court's order requiring payment of attorney's fees or costs. The
1888
lien must be recorded in the public records of the county at no
1889
charge by the clerk of the circuit court and is enforceable in
1890
the same manner as a mortgage.
1891
(d) The board of county commissioners of the county where
1892
the parent received the services of an appointed private legal
1893
counsel is authorized to enforce, satisfy, compromise, settle,
1894
subordinate, release, or otherwise dispose of any debt or lien
1895
imposed under this section. A parent, who has been ordered to pay
1896
attorney's fees or costs and who is not in willful default in the
1897
payment thereof, may, at any time, petition the court which
1898
entered the order for remission of the payment of attorney's fees
1899
or costs or of any unpaid portion thereof. If the court
1900
determines that payment of the amount due will impose manifest
1901
hardship on the parent or immediate family, the court may remit
1902
all or part of the amount due in attorney's fees or costs or may
1903
modify the method of payment.
1904
(e) The board of county commissioners of the county
1905
claiming the lien is authorized to contract with a collection
1906
agency for collection of such debts or liens, provided the fee
1907
for collection is on a contingent basis not to exceed 50 percent
1908
of the recovery. However, no fee may be paid to any collection
1909
agency by reason of foreclosure proceedings against real property
1910
or from the proceeds from the sale or other disposition of real
1911
property.
1912
Section 47. Notwithstanding s. 28.36, Florida Statutes, the
1913
Florida Clerks of Court Operations Corporation may not approve
1914
increases to the clerks' budgets based on increased revenue
1915
generated under this act. The corporation may increase the
1916
clerks' budgets in the aggregate by $1,188,184 for the period
1917
from July 1, 2008, through September 30, 2008, and $3,564,551 for
1918
the period from October 1, 2008, through June 30, 2009, for the
1919
increased duties related to paying jurors and juror meals and
1920
lodging expenses as provided in this act. These budget increases
1921
shall be considered as part of the recurring base budget of the
1922
clerks for future budgets approved pursuant to s. 28.36, Florida
1923
Statutes.
1924
Section 48. This act shall take effect July 1, 2008.
1925
1926
================ T I T L E A M E N D M E N T ================
1927
And the title is amended as follows:
1928
Delete everything before the enacting clause
1929
and insert:
1930
A bill to be entitled
1931
An act relating to the state judicial system; amending s.
1932
25.241, F.S.; requiring a fee for filing a notice of
1933
cross-appeal or certain joinder notices or intervenor
1934
motions with the Supreme Court; amending s. 26.57, F.S.;
1935
eliminating additional compensation for county judges
1936
presiding over circuit court cases; amending s. 27.511,
1937
F.S.; prescribing the types of civil proceedings in which
1938
assistant criminal conflict and civil regional counsel may
1939
not otherwise engage; authorizing part-time assistant
1940
regional counsel to practice criminal law with specified
1941
limitations; providing for the public defender to handle
1942
criminal appeals in certain cases for which trial
1943
representation was provided by the office of criminal
1944
conflict and civil regional counsel; providing an
1945
exception when the public defender has a conflict;
1946
amending s. 27.52, F.S.; increasing the application fee
1947
for determining indigent status for the purpose of
1948
receiving criminal representation by state-funded counsel;
1949
conforming provisions to changes made by the act; amending
1950
s. 27.562, F.S.; specifying that certain assessments
1951
collected from a defendant are in satisfaction of the
1952
application fee for a determination of indigent status;
1953
amending s. 28.24, F.S.; increasing charges for services
1954
rendered by the clerk of the circuit court in recording
1955
documents and instruments and performing other duties;
1956
amending s. 28.2401, F.S.; increasing services charges
1957
that the clerk of court is authorized to charge in probate
1958
matters; amending s. 28.241, F.S.; increasing filing fees
1959
for civil actions in circuit court; conforming provisions
1960
governing the remission of a portion of the fees to the
1961
General Revenue Fund; providing for a portion of the fees
1962
to be deposited in a designated trust fund in support of
1963
mediation activities; requiring a fee for filing cross-
1964
claims, counterclaims, and third-party pleadings;
1965
requiring a service charge for issuing a summons;
1966
increasing filing fees for instituting certain appellate
1967
proceedings; amending s. 28.35, F.S.; including the
1968
provision of meals and lodging for jurors within the
1969
court-related functions that the clerk of court may fund
1970
through fees, service charges, court costs, and fines;
1971
revising provisions to conform; clarifying duties of the
1972
Florida Clerks of Court Operations Corporation; reenacting
1973
s. 28.36(1), (2), (3)(a), (4), and (5), F.S., relating to
1974
budget procedures of the clerks of court, to incorporate
1975
the amendment to s. 28.35, F.S., in references thereto;
1976
amending s. 34.041, F.S.; increasing filing fees for civil
1977
actions in county court; conforming provisions governing
1978
the remission of a portion of the fees to the General
1979
Revenue Fund; providing for a portion of the fees to be
1980
deposited in a designated trust fund in support of
1981
mediation activities; requiring a fee for filing certain
1982
cross-claims, counterclaims, third-party pleadings, and
1983
certain appellate notices and motions; requiring a service
1984
charge for issuing a summons; amending s. 35.06, F.S.;
1985
reducing the number of judges in the Third District Court
1986
of Appeal; amending s. 35.22, F.S.; requiring a fee for
1987
filing a notice of cross-appeal or certain joinder notices
1988
or intervenor motions with a district court of appeal;
1989
amending s. 40.24, F.S.; providing for jurors to be
1990
compensated by the clerk of the court rather than the
1991
state; amending s. 40.26, F.S.; providing for certain
1992
meals and lodging expenses for jurors to be paid by the
1993
clerk of the court; amending s. 40.29, F.S.; revising
1994
requirements for the clerk of the court relating to
1995
payment of ordinary witnesses; including the criminal
1996
conflict and regional civil counsel among the persons on
1997
whose behalf the clerk of the court estimates funds for
1998
payment of witnesses; eliminating a requirement that the
1999
clerk of the court provide an estimate of certain juror
2000
expenses; revising provisions to conform; amending s.
2001
40.31, F.S.; revising provisions to conform to the payment
2002
of juror compensation from funds retained by the clerk of
2003
the court; authorizing the Justice Administrative
2004
Commission rather than the State Courts Administrator to
2005
apportion certain funds for payment of witnesses by the
2006
clerk of the court; amending s. 40.32, F.S.; requiring
2007
that certain juror expenses be paid by the clerk of the
2008
court from fees, service charges, court costs, and fines;
2009
amending s. 40.33, F.S.; revising procedures related to a
2010
deficiency in funds for the payment of witnesses; revising
2011
provisions to conform; amending s. 40.34, F.S.;
2012
eliminating requirements that the clerk of the court
2013
prepare a juror payroll and provide copies to the State
2014
Courts Administrator; requiring the clerk to submit a
2015
witness payroll to the Justice Administrative Commission;
2016
repealing s. 40.35, F.S., relating to an accounting by the
2017
clerk of the court to the State Courts Administrator for
2018
funds for juror and witness payments; amending s. 40.355,
2019
F.S.; revising requirements for the clerk of the court to
2020
account for certain funds, to conform to changes made by
2021
the act; amending s. 40.361, F.S., relating to the
2022
applicability of certain state budgeting laws; conforming
2023
a cross-reference; amending s. 44.108, F.S.; increasing
2024
fees for court-ordered mediation services; requiring the
2025
clerk of the court to report the fees collected and
2026
deposited into the Mediation and Arbitration Trust Fund;
2027
amending s. 45.035, F.S.; increasing service charges
2028
related to judicial sales procedures; amending s. 55.505,
2029
F.S.; increasing a service charge for issuing execution or
2030
process for enforcement of a foreign judgment; amending s.
2031
57.082, F.S.; creating an application fee for a
2032
determination of indigent status and appointment of an
2033
attorney in certain proceedings relating to children;
2034
providing for fees collected to be deposited into the
2035
Indigent Civil Defense Trust Fund; authorizing the clerk
2036
of the court to retain a portion of the fees collected;
2037
providing for a person who cannot pay the fee to be
2038
enrolled in a payment plan; amending s. 61.14, F.S.;
2039
increasing service charges related to enforcement and
2040
modification of support, maintenance, or alimony
2041
agreements or orders; amending s. 316.193, F.S.;
2042
increasing fines for driving under the influence; amending
2043
s. 318.121, F.S.; specifying that a new administrative fee
2044
for civil traffic violations is not preempted; amending s.
2045
318.14, F.S.; increasing the court costs that are assessed
2046
in certain noncriminal traffic cases; amending s. 318.15,
2047
F.S.; increasing the processing fee when a person is
2048
adjudicated guilty after failing to attend driver
2049
improvement school; amending s. 318.18, F.S.; increasing
2050
fees and court costs related to certain traffic
2051
infractions; creating an administrative fee for
2052
noncriminal moving and nonmoving traffic violations;
2053
amending s. 322.245, F.S.; increasing delinquency fees
2054
that are imposed for failing to comply with traffic court
2055
directives and that must be paid to avoid suspension of a
2056
driver's license; amending s. 327.35, F.S.; increasing
2057
fines for boating under the influence; amending s. 327.73,
2058
F.S.; increasing dismissal fees and court costs related to
2059
certain noncriminal vessel safety infractions; increasing
2060
the maximum amount of court costs that may be imposed;
2061
amending s. 372.83, F.S.; increasing the costs assessed by
2062
the clerk or a hearing officer for verifying that a person
2063
possesses a certain wildlife license or permit; amending
2064
s. 713.24, F.S.; increasing the fees charged by the clerk
2065
for making and serving a certificate showing transfer of a
2066
lien from real property to certain security; amending s.
2067
721.83, F.S.; increasing the additional filing fee for
2068
joining a timeshare estate in a consolidated foreclosure
2069
action; amending s. 744.365, F.S.; increasing the fee paid
2070
by a guardian from the ward's property upon the filing of
2071
a verified inventory of the ward's property; amending s.
2072
744.3678, F.S.; increasing the fees paid by a guardian
2073
from the ward's estate as part of an annual accounting;
2074
amending s. 766.104, F.S.; increasing the filing fee for
2075
securing an automatic extension of the statute of
2076
limitations to allow for investigation in medical
2077
negligence cases; amending s. 938.05, F.S.; increasing the
2078
additional costs that a person must pay in felony,
2079
misdemeanor, or criminal traffic offenses; amending s.
2080
938.27, F.S.; defining the term "convicted" for purposes
2081
of paying the costs of prosecution; providing for the
2082
payment of costs in violation-of-probation or community-
2083
control cases; providing for the imposition of such costs
2084
notwithstanding a defendant's present ability to pay;
2085
prescribing minimum costs of prosecution; authorizing the
2086
court to establish higher costs of prosecution; amending
2087
s. 938.29, F.S.; providing for the payment of attorney's
2088
fees and costs in violation-of-probation or community-
2089
control cases; providing that certain defendants are
2090
liable for the application fee to determine indigent
2091
status for purposes of appointing counsel; prescribing
2092
minimum attorney's fees and costs related to
2093
representation in criminal cases; authorizing the court to
2094
establish higher fees and costs; defining the term
2095
"convicted" for purposes of paying attorney's fees and
2096
costs related to such representation; providing for
2097
distribution of funds collected from a defendant for the
2098
application fee, attorney's fees, and costs; amending s.
2099
984.08, F.S.; eliminating authority for counties to
2100
collect on liens to pay costs related to court-appointed
2101
counsel in certain cases involving children and families
2102
in need of services; providing for parents or legal
2103
guardians to be enrolled in payment plans; prohibiting the
2104
Florida Clerks of Court Operations Corporation from
2105
increasing the clerks' budgets based on increased revenues
2106
under the act; authorizing the corporation to increase
2107
budgets in the aggregate for increased clerk duties
2108
related to the payment of juror expenses; providing an
2109
effective date.
4/28/2008 3:52:00 PM 622-08801B-08
CODING: Words stricken are deletions; words underlined are additions.