Florida Senate - 2008 CS for SB 1790
By the Committee on Criminal and Civil Justice Appropriations; and Senator Crist
604-06521-08 20081790c1
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A bill to be entitled
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An act relating to the state judicial system; amending s.
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27.511, F.S.; prescribing the types of civil proceedings
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in which part-time assistant criminal conflict and civil
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regional counsel may not otherwise engage; providing for
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the public defender to handle criminal appeals in certain
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cases for which trial representation was provided by the
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office of criminal conflict and civil regional counsel;
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providing an exception when the public defender has a
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conflict; amending s. 27.52, F.S.; increasing the
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application fee for determining indigent status for the
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purpose of receiving criminal representation by state-
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funded counsel; conforming provisions to changes made by
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the act; amending s. 27.562, F.S.; specifying that certain
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assessments collected from a defendant are in satisfaction
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of the application fee for a determination of indigent
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status; amending s. 28.24, F.S.; increasing charges for
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services rendered by the clerk of the circuit court in
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recording documents and instruments and performing other
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duties; amending s. 28.2401, F.S.; increasing services
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charges the clerk of court is authorized to charge in
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probate matters; amending s. 28.241, F.S.; increasing
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filing fees for civil actions in circuit court; conforming
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provisions governing the remission of a portion of the
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fees to the General Revenue Fund; providing for a portion
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of the fees to be deposited in a designated trust fund in
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support of mediation activities; increasing filing fees
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for instituting certain appellate proceedings; amending s.
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28.246, F.S.; reducing the maximum fee that may be charged
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when the clerk uses a collection agent to collect unpaid
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fees and costs; amending s. 28.35, F.S.; including the
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provision of meals and lodging for jurors within the
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court-related functions that the clerk of court may fund
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through fees, service charges, court costs, and fines;
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revising provisions to conform; clarifying duties of the
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Florida Clerks of Court Operations Corporation; reenacting
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s. 28.36(1), (2), (3)(a), (4), and (5), F.S., relating to
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budget procedures of the clerks of court, to incorporate
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the amendment to s. 28.35, F.S., in references thereto;
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amending s. 34.041, F.S.; increasing filing fees for civil
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actions in county court; conforming provisions governing
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the remission of a portion of the fees to the General
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Revenue Fund; providing for a portion of the fees to be
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deposited in a designated trust fund in support of
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mediation activities; amending s. 40.24, F.S.; providing
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for jurors to be compensated by the clerk of the court
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rather than the state; amending s. 40.26, F.S.; providing
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for certain meals and lodging expenses for jurors to be
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paid by the clerk of the court; amending s. 40.29, F.S.;
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revising requirements for the clerk of the court relating
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to payment of ordinary witnesses; including the criminal
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conflict and regional civil counsel among the persons on
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whose behalf the clerk of the court estimates funds for
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payment of witnesses; eliminating a requirement that the
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clerk of the court provide an estimate of certain juror
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expenses; revising provisions to conform; amending s.
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40.31, F.S.; revisions provisions to conform to the
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payment of juror compensation from funds retained by the
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clerk of the court; authorizing the Justice Administrative
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Commission rather than the State Courts Administrator to
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apportion certain funds for payment of witnesses by the
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clerk of the court; amending s. 40.32, F.S.; requiring
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that certain juror expenses be paid by the clerk of the
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court from fees, service charges, court costs, and fines;
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amending s. 40.33, F.S.; revising procedures related to a
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deficiency in funds for the payment of witnesses; revising
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provisions to conform; amending s. 40.34, F.S.;
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eliminating requirements that the clerk of the court
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prepare a juror payroll and provide copies to the State
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Courts Administrator; repealing s. 40.35, F.S., relating
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to an accounting by the clerk of the court to the State
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Courts Administrator for funds for juror and witness
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payments; amending s. 40.355, F.S.; revising requirements
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for the clerk of the court to account for certain funds,
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to conform to changes made by the act; amending s. 40.361,
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F.S., relating to the applicability of certain state
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budgeting laws; conforming a cross-reference; amending s.
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44.108, F.S.; increasing fees for court-ordered mediation
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services; requiring the clerk of the court to report the
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fees collected and deposited into the Mediation and
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Arbitration Trust Fund; amending s. 45.035, F.S.;
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increasing service charges related to judicial sales
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procedures; amending s. 55.505, F.S.; increasing a service
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charge for issuing execution or process for enforcement of
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a foreign judgment; amending s. 57.082, F.S.; creating an
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application fee for a determination of indigent status and
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appointment of an attorney in certain proceedings relating
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to children; providing for fees collected to be deposited
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into the Indigent Civil Defense Trust Fund; authorizing
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the clerk of the court to retain a portion of the fees
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collected; amending s. 61.14, F.S.; increasing service
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charges related to enforcement and modification of
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support, maintenance, or alimony agreements or orders;
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amending s. 318.121, F.S.; specifying that a new
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administrative fee for civil traffic violations is not
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preempted; amending s. 318.14, F.S.; increasing the court
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costs that are assessed in certain noncriminal traffic
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cases; amending s. 318.15, F.S.; increasing the processing
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fee when a person is adjudicated guilty after failing to
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attend driver improvement school; amending s. 318.18,
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F.S.; increasing fees, penalties, and court costs related
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to certain traffic infractions; creating an administrative
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fee for noncriminal moving and nonmoving traffic
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violations; amending s. 322.245, F.S.; increasing
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delinquency fees that are imposed for failing to comply
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with traffic court directives and that must be paid to
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avoid suspension of a driver's license; amending s.
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327.73, F.S.; increasing dismissal fees and court costs
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related to certain noncriminal vessel safety infractions;
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increasing the maximum amount of court costs that may be
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imposed; amending s. 372.83, F.S.; increasing the costs
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assessed by the clerk or a hearing officer for verifying
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that a person possesses a certain wildlife license or
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permit; amending s. 713.24, F.S.; increasing the fees
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charged by the clerk for making and serving a certificate
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showing transfer of a lien from real property to certain
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security; amending s. 721.83, F.S.; increasing the
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additional filing fee for joining a timeshare estate in a
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consolidated foreclosure action; amending s. 744.365,
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F.S.; increasing the fee paid by a guardian from the
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ward's property upon the filing of a verified inventory of
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the ward's property; amending s. 744.3678, F.S.;
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increasing the fees paid by a guardian from the ward's
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estate as part of an annual accounting; amending s.
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766.104, F.S.; increasing the filing fee for securing an
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automatic extension of the statute of limitations to allow
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for investigation in medical negligence cases; amending s.
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938.05, F.S.; increasing the additional costs that a
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person must pay in felony, misdemeanor, or criminal
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traffic offenses; amending s. 938.27, F.S.; defining the
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term "convicted" for purposes of paying the costs of
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prosecution; providing for the imposition of such costs
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notwithstanding a defendant's present ability to pay;
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prescribing costs of prosecution; authorizing the court to
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establish higher minimum costs of prosecution; amending s.
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938.29, F.S.; providing that certain defendants are liable
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for the application fee to determine indigent status for
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purposes of appointing counsel; providing for distribution
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of funds collected from a defendant for the application
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fee, attorney's fees, and costs; prohibiting the Florida
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Clerks of Court Operations Corporation from increasing
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clerks budgets in a specified fiscal year based on
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increased revenues under the act; authorizing the
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corporation to increase budgets in the aggregate for
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increased clerk duties related to the payment of juror
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expenses; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. 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) Each regional counsel shall serve on a full-time basis
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and may not engage in the private practice of law while holding
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office. Assistant regional counsel shall give priority and
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preference to their duties as assistant regional counsel and may
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not otherwise engage in the practice of criminal law or in the
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types of civil proceedings for which the state compensates
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attorneys under s. 27.5304 for representation.
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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 handle all circuit court appeals within the state
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courts system and any authorized appeals to the federal courts
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which are required in any criminal case cases in which the office
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of criminal conflict and civil regional counsel is appointed
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under this section, unless the public defender certifies to the
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trial court that the public defender has a conflict consistent
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with the criteria prescribed in s. 27.5303. If the public
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defender has a conflict, the regional counsel shall handle the
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appeal, unless the regional counsel has a conflict, in which case
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the court shall appoint private counsel pursuant to s. 27.40.
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Section 2. 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 3. 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 4. 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 5. 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 6. 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
482
as disposed of is resubmitted to a court and includes petitions
483
for modification of a final judgment of dissolution. A party is
484
exempt from paying the fee for any of the following:
485
1. A writ of garnishment;
486
2. A writ of replevin;
487
3. A distress writ;
488
4. A writ of attachment;
489
5. A motion for rehearing filed within 10 days;
490
6. A motion for attorney's fees filed within 30 days after
491
entry of a judgment or final order;
492
7. A motion for dismissal filed after a mediation agreement
493
has been filed;
494
8. A disposition of personal property without
495
administration;
496
9. Any probate case prior to the discharge of a personal
497
representative;
498
10. Any guardianship pleading prior to discharge;
499
11. Any mental health pleading;
500
12. Motions to withdraw by attorneys;
501
13. Motions exclusively for the enforcement of child
502
support orders;
503
14. A petition for credit of child support;
504
15. A Notice of Intent to Relocate and any order issuing as
505
a result of an uncontested relocation;
506
16. Stipulations;
507
17. Responsive pleadings; or
508
18. Cases in which there is no initial filing fee.
509
(2) Upon the institution of any appellate proceeding from
510
any lower court to the circuit court of any such county,
511
including appeals filed by a county or municipality as provided
512
in s. 34.041(5), or from the circuit court to an appellate court
513
of the state, the clerk shall charge and collect from the party
514
or parties instituting such appellate proceedings a filing fee
515
not to exceed $280 $250 for filing a notice of appeal from the
516
county court to the circuit court and, in addition to the filing
518
notice of appeal from the circuit court to the district court of
519
appeal or to the Supreme Court. If the party is determined to be
520
indigent, the clerk shall defer payment of the fee. The clerk
521
shall remit the first $80 $50 to the Department of Revenue for
522
deposit into the General Revenue Fund. One-third of the fee
523
collected by the clerk in excess of $80 $50 also shall be
524
remitted to the Department of Revenue for deposit into the Clerks
525
of the Court Trust Fund.
526
Section 7. Subsection (6) of section 28.246, Florida
527
Statutes, is amended to read:
528
28.246 Payment of court-related fees, charges, and costs;
529
partial payments; distribution of funds.--
530
(6) A clerk of court may pursue the collection of any fees,
531
service charges, fines, court costs, and liens for the payment of
532
attorney's fees and costs pursuant to s. 938.29 which remain
533
unpaid for 90 days or more, or refer the account to a private
534
attorney who is a member in good standing of The Florida Bar or
535
collection agent who is registered and in good standing pursuant
536
to chapter 559. In pursuing the collection of such unpaid
537
financial obligations through a private attorney or collection
538
agent, the clerk of the court must have attempted to collect the
539
unpaid amount through a collection court, collections docket, or
540
other collections process, if any, established by the court, find
541
this to be cost-effective and follow any applicable procurement
542
practices. The collection fee, including any reasonable
543
attorney's fee, paid to any attorney or collection agent retained
544
by the clerk may be added to the balance owed in an amount not to
545
exceed 25 40 percent of the amount owed at the time the account
546
is referred to the attorney or agent for collection.
547
Section 8. Subsections (2) and (4) of section 28.35,
548
Florida Statutes, are amended to read:
549
28.35 Florida Clerks of Court Operations Corporation.--
550
(2) The duties of the corporation shall include the
551
following:
552
(a) Adopting a plan of operation.
553
(b) Conducting the election of directors as required in
554
paragraph (1)(a).
555
(c) Recommending to the Legislature changes in the various
556
court-related fines, fees, service charges, and court costs
557
established by law to ensure reasonable and adequate funding of
558
the clerks of the court in the performance of their court-related
559
functions.
560
(d) Pursuant to contract with the Chief Financial Officer,
561
establishing a process for the review and certification of
562
proposed court-related budgets submitted by clerks of the court
563
for completeness and compliance with this section and ss. 28.36
564
and 28.37. This process shall be designed and be of sufficient
565
detail to permit independent verification and validation of the
566
budget certification. The contract shall specify the process to
567
be used in determining compliance by the corporation with this
569
(e) Developing and certifying a uniform system of
570
performance measures and applicable performance standards for the
571
functions specified in paragraph (4)(a) and clerk performance in
572
meeting the performance standards. These measures and standards
573
shall be designed to facilitate an objective determination of the
574
performance of each clerk in accordance with minimum standards
575
for fiscal management, operational efficiency, and effective
576
collection of fines, fees, service charges, and court costs. When
577
the corporation finds a clerk has not met the performance
578
standards, the corporation shall identify the nature of each
579
deficiency and any corrective action recommended and taken by the
580
affected clerk of the court.
581
(f) Reviewing and certifying proposed budgets submitted by
582
clerks of the court utilizing the process approved by the Chief
583
Financial Officer pursuant to paragraph (d) for the purpose of
584
making the certification in paragraph (3)(a). As part of this
585
process, the corporation shall:
586
1. Calculate the maximum authorized annual budget pursuant
587
to the requirements of s. 28.36.
588
2. Identify those proposed budgets exceeding the maximum
589
annual budget pursuant to s. 28.36(5) for the standard list of
590
court-related functions specified in paragraph (4)(a).
591
3. Identify those proposed budgets containing funding for
592
items not included on the standard list of court-related
593
functions specified in developed pursuant to paragraph (4)(a)
594
(3)(a).
595
4. Identify those clerks projected to have court-related
596
revenues insufficient to fund their anticipated court-related
597
expenditures.
598
(g) Developing and conducting clerk education programs.
599
(h) Publishing a uniform schedule of actual fees, service
600
charges, and costs charged by a clerk of the court for court-
601
related functions pursuant to general law.
602
(4)(a) The list of court-related functions clerks may fund
603
from filing fees, service charges, court costs, and fines shall
604
be limited to those functions expressly authorized by law or
605
court rule. Those functions must include the following: case
606
maintenance; records management; court preparation and
607
attendance; processing the assignment, reopening, and
608
reassignment of cases; processing of appeals; collection and
609
distribution of fines, fees, service charges, and court costs;
610
processing of bond forfeiture payments; payment of jurors and
611
witnesses; payment of expenses for meals or lodging provided to
612
jurors; data collection and reporting; processing of jurors;
613
determinations of indigent status; and reasonable administrative
614
support costs to enable the clerk of the court to carry out these
615
court-related functions.
616
(b) The list of functions clerks may not fund from filing
617
fees, service charges, court costs, and fines shall include:
618
1. Those functions not specified within paragraph (a).
619
2. Functions assigned by administrative orders which are
620
not required for the clerk to perform the functions in paragraph
621
(a).
622
3. Enhanced levels of service which are not required for
623
the clerk to perform the functions in paragraph (a).
624
4. Functions identified as local requirements in law or
625
local optional programs.
626
(c) Publishing a uniform schedule of actual fees, service
627
charges, and costs charged by a clerk of the court for court-
628
related functions pursuant to general law.
629
Section 9. For the purpose of incorporating the amendment
630
made by this act to section 28.35, Florida Statutes, in
631
references thereto, subsections (1) and (2), paragraph (a) of
632
subsection (3), and subsections (4) and (5) of section 28.36,
633
Florida Statutes, are reenacted to read:
634
28.36 Budget procedure.--There is hereby established a
635
budget procedure for the court-related functions of the clerks of
636
the court.
637
(1) Only those functions on the standard list developed
638
pursuant to s. 28.35(4)(a) may be funded from fees, service
639
charges, court costs, and fines retained by the clerks of the
640
court. No clerk may use fees, service charges, court costs, and
641
fines in excess of the maximum budget amounts as established in
642
subsection (5).
643
(2) For the period July 1, 2004, through September 30,
644
2004, and for each county fiscal year ending September 30
645
thereafter, each clerk of the court shall prepare a budget
646
relating solely to the performance of the standard list of court-
647
related functions pursuant to s. 28.35(4)(a).
648
(3) Each proposed budget shall further conform to the
649
following requirements:
650
(a) On or before August 15 for each fiscal year thereafter,
651
the proposed budget shall be prepared, summarized, and submitted
652
by the clerk in each county to the Clerks of Court Operations
653
Corporation in the manner and form prescribed by the corporation.
654
The proposed budget must provide detailed information on the
655
anticipated revenues available and expenditures necessary for the
656
performance of the standard list of court-related functions of
657
the clerk's office developed pursuant to s. 28.35(4)(a) for the
658
county fiscal year beginning the following October 1.
659
(4) If a clerk of the court estimates that available funds
660
plus projected revenues from fines, fees, service charges, and
661
costs for court-related services are insufficient to meet the
662
anticipated expenditures for the standard list of court-related
663
functions in s. 28.35(4)(a) performed by his or her office, the
664
clerk must report the revenue deficit to the Clerks of Court
665
Operations Corporation in the manner and form prescribed by the
666
corporation pursuant to contract with the Chief Financial
667
Officer. The corporation shall verify that the proposed budget is
668
limited to the standard list of court-related functions in s.
669
28.35(4)(a).
670
(a) If the corporation verifies that the proposed budget is
671
limited to the standard list of court-related functions in s.
672
28.35(4)(a) and a revenue deficit is projected, a clerk seeking
673
to retain revenues pursuant to this subsection shall increase all
674
fees, service charges, and any other court-related clerk fees and
675
charges to the maximum amounts specified by law or the amount
676
necessary to resolve the deficit, whichever is less. If, after
677
increasing fees, service charges, and any other court-related
678
clerk fees and charges to the maximum amounts specified by law, a
679
revenue deficit is still projected, the corporation shall,
680
pursuant to the terms of the contract with the Chief Financial
681
Officer, certify a revenue deficit and notify the Department of
682
Revenue that the clerk is authorized to retain revenues, in an
683
amount necessary to fully fund the projected revenue deficit,
684
which he or she would otherwise be required to remit to the
685
Department of Revenue for deposit into the Department of Revenue
686
Clerks of the Court Trust Fund pursuant to s. 28.37. If a revenue
687
deficit is projected for that clerk after retaining all of the
688
projected collections from the court-related fines, fees, service
689
charges, and costs, the Department of Revenue shall certify the
690
amount of the revenue deficit amount to the Executive Office of
691
the Governor and request release authority for funds appropriated
692
for this purpose from the Department of Revenue Clerks of the
693
Court Trust Fund. Notwithstanding provisions of s. 216.192
694
related to the release of funds, the Executive Office of the
695
Governor may approve the release of funds appropriated to resolve
696
projected revenue deficits in accordance with the notice, review,
697
and objection procedures set forth in s. 216.177 and shall
698
provide notice to the Chief Financial Officer. The Department of
699
Revenue is directed to request monthly distributions from the
700
Chief Financial Officer in equal amounts to each clerk certified
701
to have a revenue deficit, in accordance with the releases
702
approved by the Governor.
703
(b) If the Chief Financial Officer finds the court-related
704
budget proposed by a clerk includes functions not included in the
705
standard list of court-related functions in s. 28.35(4)(a), the
706
Chief Financial Officer shall notify the clerk of the amount of
707
the proposed budget not eligible to be funded from fees, service
708
charges, costs, and fines for court-related functions and shall
709
identify appropriate corrective measures to ensure budget
710
integrity. The clerk shall then immediately discontinue all
711
ineligible expenditures of court-related funds for this purpose
712
and reimburse the Clerks of the Court Trust Fund for any
713
previously ineligible expenditures made for non-court-related
714
functions, and shall implement any corrective actions identified
715
by the Chief Financial Officer.
716
(5)(a) For the county fiscal year October 1, 2004, through
717
September 30, 2005, the maximum annual budget amount for the
718
standard list of court-related functions of the clerks of court
719
in s. 28.35(4)(a) that may be funded from fees, service charges,
720
court costs, and fines retained by the clerks of the court shall
721
not exceed:
722
1. One hundred and three percent of the clerk's estimated
723
expenditures for the prior county fiscal year; or
724
2. One hundred and five percent of the clerk's estimated
725
expenditures for the prior county fiscal year for those clerks in
726
counties that for calendar years 1998-2002 experienced an average
727
annual increase of at least 5 percent in both population and case
728
filings for all case types as reported through the Summary
729
Reporting System used by the state courts system.
730
(b) For the county fiscal year 2005-2006, the maximum
731
budget amount for the standard list of court-related functions of
732
the clerks of court in s. 28.35(4)(a) that may be funded from
733
fees, service charges, court costs, and fines retained by the
734
clerks of the court shall be the approved budget for county
735
fiscal year 2004-2005 adjusted by the projected percentage change
736
in revenue between the county fiscal years 2004-2005 and 2005-
737
2006.
738
(c) For the county fiscal years 2006-2007 and thereafter,
739
the maximum budget amount for the standard list of court-related
740
functions of the clerks of court in s. 28.35(4)(a) that may be
741
funded from fees, service charges, court costs, and fines
742
retained by the clerks of the court shall be established by first
743
rebasing the prior fiscal year budget to reflect the actual
744
percentage change in the prior fiscal year revenue and then
745
adjusting the rebased prior fiscal year budget by the projected
746
percentage change in revenue for the proposed budget year. The
747
rebasing calculations and maximum annual budget calculations
748
shall be as follows:
749
1. For county fiscal year 2006-2007, the approved budget
750
for county fiscal year 2004-2005 shall be adjusted for the actual
751
percentage change in revenue between the two 12-month periods
752
ending June 30, 2005, and June 30, 2006. This result is the
753
rebased budget for the county fiscal year 2005-2006. Then the
754
rebased budget for the county fiscal year 2005-2006 shall be
755
adjusted by the projected percentage change in revenue between
756
the county fiscal years 2005-2006 and 2006-2007. This result
757
shall be the maximum annual budget amount for the standard list
758
of court-related functions of the clerks of court in s.
759
28.35(4)(a) that may be funded from fees, service charges, court
760
costs, and fines retained by the clerks of the court for each
761
clerk for the county fiscal year 2006-2007.
762
2. For county fiscal year 2007-2008, the rebased budget for
763
county fiscal year 2005-2006 shall be adjusted for the actual
764
percentage change in revenue between the two 12-month periods
765
ending June 30, 2006, and June 30, 2007. This result is the
766
rebased budget for the county fiscal year 2006-2007. The rebased
767
budget for county fiscal year 2006-2007 shall be adjusted by the
768
projected percentage change in revenue between the county fiscal
769
years 2006-2007 and 2007-2008. This result shall be the maximum
770
annual budget amount for the standard list of court-related
771
functions of the clerks of court in s. 28.35(4)(a) that may be
772
funded from fees, service charges, court costs, and fines
773
retained by the clerks of the court for county fiscal year 2007-
774
2008.
775
3. For county fiscal years 2008-2009 and thereafter, the
776
maximum budget amount for the standard list of court-related
777
functions of the clerks of court in s. 28.35(4)(a) that may be
778
funded from fees, service charges, court costs, and fines
779
retained by the clerks of the court shall be calculated as the
780
rebased budget for the prior county fiscal year adjusted by the
781
projected percentage change in revenues between the prior county
782
fiscal year and the county fiscal year for which the maximum
783
budget amount is being authorized. The rebased budget for the
784
prior county fiscal year shall always be calculated by adjusting
785
the rebased budget for the year preceding the prior county fiscal
786
year by the actual percentage change in revenues between the 12-
787
month period ending June 30 of the year preceding the prior
788
county fiscal year and the 12-month period ending June 30 of the
789
prior county fiscal year.
790
Section 10. Subsection (1) of section 34.041, Florida
791
Statutes, is amended to read:
792
34.041 Filing fees.--
793
(1)(a) Upon the institution of any civil action, suit, or
794
proceeding in county court, the party shall pay the following
795
filing fee, not to exceed:
796
1. For all claims less than $100....$50.
797
2. For all claims of $100 or more but not more than
798
$500....$75.
799
3. For all claims of more than $500 but not more than
800
$2,500....$170 $150.
801
4. For all claims of more than $2,500....$295 $250.
802
5. In addition, for all proceedings of garnishment,
803
attachment, replevin, and distress....$100 $75.
804
6. For removal of tenant action....$265 $75.
805
(b) The first $80 $50 of the filing fee collected under
806
subparagraph (a)4. shall be remitted to the Department of Revenue
807
for deposit into the General Revenue Fund. The next $15 of the
808
filing fee collected under subparagraph (a)4., and the first $15
809
of each filing fee collected under subparagraph (a)5. or
810
subparagraph (a)6., shall be deposited in the state courts'
811
Mediation and Arbitration Trust Fund. One-third of any filing
812
fees collected by the clerk under this section in excess of the
813
first $95 $50 collected under subparagraph (a)4. shall be
814
remitted to the Department of Revenue for deposit into the
815
Department of Revenue Clerks of the Court Trust Fund. An
816
additional filing fee of $4 shall be paid to the clerk. The clerk
817
shall transfer $3.50 to the Department of Revenue for deposit
818
into the Court Education Trust Fund and shall transfer 50 cents
819
to the Department of Revenue for deposit into the Department of
820
Financial Services' Administrative Trust Fund to fund clerk
821
education. Postal charges incurred by the clerk of the county
822
court in making service by mail on defendants or other parties
823
shall be paid by the party at whose instance service is made.
824
Except as provided herein, filing fees and service charges for
825
performing duties of the clerk relating to the county court shall
827
provided herein, all filing fees shall be retained as fee income
828
of the office of the clerk of circuit court. Filing fees imposed
829
by this section may not be added to any penalty imposed by
830
chapter 316 or chapter 318.
831
Section 11. Subsections (3), (4), and (5) of section 40.24,
832
Florida Statutes, are amended to read:
833
40.24 Compensation and reimbursement policy.--
834
(3)(a) Jurors who are regularly employed and who continue
835
to receive regular wages while serving as a juror are not
836
entitled to receive compensation from the clerk of the circuit
837
court state for the first 3 days of juror service.
838
(b) Jurors who are not regularly employed or who do not
839
continue to receive regular wages while serving as a juror are
840
entitled to receive $15 per day for the first 3 days of juror
841
service.
842
(4) Each juror who serves more than 3 days is entitled to
843
be paid by the clerk of the circuit court state for the fourth
844
day of service and each day thereafter at the rate of $30 per day
845
of service.
846
(5) Jurors are not entitled to additional reimbursement by
847
the clerk of the circuit court state for travel or other out-of-
848
pocket expenses.
849
Section 12. Section 40.26, Florida Statutes, is amended to
850
read:
851
40.26 Meals and lodging for jurors.--The sheriff, when
852
required by order of the court, shall provide juries with meals
853
and lodging, the expense to be taxed against and paid by the
854
clerk of the circuit court state.
855
Section 13. Section 40.29, Florida Statutes, is amended to
856
read:
857
40.29 Payment of due-process costs.--
858
(1)(a) Each clerk of the circuit court, on behalf of the
859
courts, the state attorney, private court-appointed counsel, and
860
the public defender, and the criminal conflict and civil regional
861
counsel, shall forward to the Justice Administrative Commission,
862
by county, a quarterly estimate of funds necessary to pay for
863
ordinary witnesses, including, but not limited to, witnesses in
864
civil traffic cases and witnesses of the state attorney, the
865
public defender, criminal conflict and civil regional counsel,
866
private court-appointed counsel, and persons determined to be
867
indigent for costs. Each quarter of the state fiscal year, the
868
commission, based upon the estimates, shall advance funds to each
869
clerk to pay for these ordinary witnesses from state funds
870
specifically appropriated for the payment of ordinary witnesses.
871
(b) Each clerk of the circuit court shall forward to the
872
Office of the State Courts Administrator, by county, a quarterly
873
estimate of funds necessary to pay juror compensation.
874
(2) Upon receipt of an estimate pursuant to subsection (1),
875
the Justice Administrative Commission or Office of State Courts
876
Administrator, as applicable, shall endorse the amount deemed
877
necessary for payment by the clerk of the court during the
878
quarterly fiscal period and shall submit a request for payment to
879
the Chief Financial Officer.
880
(3) Upon receipt of the funds from the Chief Financial
881
Officer, the clerk of the court shall pay all invoices approved
882
and submitted by the state attorney, the public defender,
883
criminal conflict and civil regional counsel, and private court-
884
appointed counsel circuit court administrator for the items
885
enumerated in subsection paragraphs (1)(a) and (b).
886
(4) After review for compliance with applicable rates and
887
requirements, the Justice Administrative Commission shall pay all
888
due process service related invoices, except those enumerated in
889
subsection paragraphs (1)(a) and (b), approved and submitted by
890
the state attorney, the public defender, criminal conflict and
891
civil regional counsel, or private court-appointed counsel in
892
accordance with the applicable requirements of ss. 29.005,
894
Section 14. Section 40.31, Florida Statutes, is amended to
895
read:
896
40.31 Justice Administrative Commission State Courts
897
Administrator may apportion appropriation.--If the Justice
898
Administrative Commission has State Courts Administrator shall
899
have reason to believe that the amount appropriated by the
900
Legislature is insufficient to meet the expenses of jurors and
901
witnesses during the remaining part of the state fiscal year, the
902
commission he or she may apportion the money in the treasury for
903
that purpose among the several counties, basing such
904
apportionment upon the amount expended for the payment of jurors
905
and witnesses in each county during the prior fiscal year. In
906
such case, each county shall be paid by warrant, issued by the
907
Chief Financial Officer, only the amount so apportioned to each
908
county, and, when the amount so apportioned is insufficient to
909
pay in full all the jurors and witnesses during a quarterly
910
fiscal period, the clerk of the court shall apportion the money
911
received pro rata among the jurors and witnesses entitled to pay
912
and shall give to each juror or witness a certificate of the
913
amount of compensation still due, which certificate shall be held
914
by the commission State Courts Administrator as other demands
915
against the state.
916
Section 15. Section 40.32, Florida Statutes, is amended to
917
read:
918
40.32 Clerks to disburse money; payments to jurors and
919
witnesses.--
920
(1) All moneys drawn from the treasury under the provisions
921
of this chapter by the clerk of the court shall be disbursed by
922
the clerk of the court as far as needed in payment of jurors and
923
witnesses, except for expert witnesses paid under pursuant to a
924
contract or other professional services agreement pursuant to ss.
926
for service during the quarterly fiscal period for which the said
927
moneys were drawn and for no other purposes.
928
(2) The payment of jurors and the payment of expenses for
929
meals and lodging for jurors under the provisions of this chapter
930
are court-related functions that the clerk of the court shall
931
fund from filing fees, service charges, court costs, and fines as
933
(3) Jurors and witnesses shall be paid by the clerk of the
934
court either in cash or by warrant within 20 days after
935
completion of jury service or of completion of service as a
936
witness.
937
(a) Whenever the clerk of the court pays a juror or witness
938
by cash, the said juror or witness shall sign the payroll in the
939
presence of the clerk, a deputy clerk, or some other person
940
designated by the clerk.
941
(b) Whenever the clerk pays a juror or witness by warrant,
942
he or she shall endorse on the payroll opposite the juror's or
943
witness's name the words "Paid by warrant," giving the number and
944
date of the warrant.
945
Section 16. Section 40.33, Florida Statutes, is amended to
946
read:
947
40.33 Deficiency.--If the funds required for payment of the
948
items enumerated in s. 40.29(1)(a) or (b) in any county during a
949
quarterly fiscal period exceeds the amount of the funds provided
950
pursuant to s. 40.29(3), the state attorney, or public defender,
951
or criminal conflict and civil regional counsel, as applicable,
952
shall make a further request upon the Justice Administrative
954
or the clerk of court shall make a further request upon the
955
Office of the State Courts Administrator for items enumerated in
956
s. 40.29(1)(b) for the amount necessary to allow for full
957
payment.
958
Section 17. Section 40.34, Florida Statutes, is amended to
959
read:
960
40.34 Clerks to make triplicate payroll.--
961
(1) The clerk of the court shall make out a payroll in
962
triplicate for the payment of jurors and witnesses, which payroll
963
shall contain:
964
(a) The name of each juror and witness entitled to be paid
965
with state funds;
966
(b) The number of days for which the such jurors and
967
witnesses are entitled to be paid;
968
(c) The number of miles traveled by each; and
969
(d) The total compensation each such juror or witness is
970
entitled to receive.
971
(2) The form of such payroll shall be prescribed by the
972
Chief Financial Officer.
973
(3) Compensation paid a witness or juror shall be attested
974
as provided in s. 40.32. The payroll shall be approved by the
975
signature of the clerk, or his or her deputy, except for the
976
payroll as to witnesses appearing before the state attorney,
977
which payroll shall be approved by the signature of the state
978
attorney or an assistant state attorney.
979
(4) The clerks of the courts shall forward two copies of
980
such payrolls to the State Courts Administrator, within 2 weeks
981
after the last day of the quarterly fiscal period, and the State
982
Courts Administrator shall audit such payrolls.
983
Section 18. Section 40.35, Florida Statutes, is repealed.
984
Section 19. Section 40.355, Florida Statutes, is amended to
985
read:
986
40.355 Accounting and payment to public defenders and state
987
attorneys.--The clerk of the court shall, within 2 weeks after
988
the last day of the state's quarterly fiscal period, render to
989
the state attorney, and the public defender, and the criminal
990
conflict and civil regional counsel in each circuit a full
991
statement of accounts for state moneys received and disbursed
992
under this chapter for the payment of witnesses.
993
Section 20. Section 40.361, Florida Statutes, is amended to
994
read:
995
40.361 Applicability of laws regarding state budgeting and
996
finances.--The requirements contained within chapter 216,
997
including the provisions of s. 216.192 related to release of
999
of contingency funds for due process services, and all other laws
1000
of this state relating to state budgeting and financing shall
1001
apply to all processes authorized or required under this chapter
1002
for the payment of the items enumerated in s. 40.29(1)(a) and
1003
(b).
1004
Section 21. Section 44.108, Florida Statutes, is amended to
1005
read:
1006
44.108 Funding of mediation and arbitration.--
1007
(1) Mediation and arbitration should be accessible to all
1008
parties regardless of financial status. A filing fee of $1 is
1009
levied on all civil proceedings in the circuit or county courts
1010
to fund mediation and arbitration services which are the
1011
responsibility of the Supreme Court pursuant to the provisions of
1012
s. 44.106. The clerk of the court shall forward the moneys
1013
collected to the Department of Revenue for deposit in the state
1014
courts' Mediation and Arbitration Trust Fund.
1015
(2) When court-ordered mediation services are provided by a
1016
circuit court's mediation program, the following fees, unless
1017
otherwise established in the General Appropriations Act, shall be
1018
collected by the clerk of court:
1019
(a) One-hundred twenty Eighty dollars per person per
1020
scheduled session in family mediation when the parties' combined
1021
income is greater than $50,000, but less than $100,000 per year;
1022
(b) Sixty Forty dollars per person per scheduled session in
1023
family mediation when the parties' combined income is less than
1024
$50,000; or
1025
(c) Sixty Forty dollars per person per scheduled session in
1026
county court cases.
1027
1028
No mediation fees shall be assessed under this subsection in
1029
residential eviction cases, against a party found to be indigent,
1030
or for any small claims action. Fees collected by the clerk of
1031
court pursuant to this section shall be remitted to the
1032
Department of Revenue for deposit into the state courts'
1033
Mediation and Arbitration Trust Fund to fund court-ordered
1034
mediation. The clerk of court may deduct $1 per fee assessment
1035
for processing this fee. The clerk of the court shall submit to
1036
the chief judge of the circuit and to the Office of the State
1037
Courts Administrator, no later than 30 days after the end of each
1038
quarter of the fiscal year, beginning July 1, 2008, a report
1039
specifying the amount of funds collected and remitted to the
1040
state courts' Mediation and Arbitration Trust Fund under this
1041
section and any other section during the previous each quarter of
1042
the fiscal year. In addition to identifying the total aggregate
1043
collections and remissions from all statutory sources, the report
1044
must identify collections and remissions by each statutory
1045
source.
1046
Section 22. Section 45.035, Florida Statutes, is amended to
1047
read:
1048
45.035 Clerk's fees.--In addition to other fees or service
1049
charges authorized by law, the clerk shall receive service
1050
charges related to the judicial sales procedure set forth in ss.
1052
(1) The clerk shall receive a service charge of $70 $60 for
1053
services in making, recording, and certifying the sale and title,
1054
which service charge shall be assessed as costs and shall be
1055
advanced by the plaintiff before the sale.
1056
(2) If there is a surplus resulting from the sale, the
1057
clerk may receive the following service charges, which shall be
1058
deducted from the surplus:
1059
(a) The clerk may withhold the sum of $28 $25 from the
1060
surplus which may only be used for purposes of educating the
1061
public as to the rights of homeowners regarding foreclosure
1062
proceedings.
1063
(b) The clerk is entitled to a service charge of $15 $10
1064
for notifying a surplus trustee of his or her appointment.
1065
(c) The clerk is entitled to a service charge of $15 $10
1066
for each disbursement of surplus proceeds.
1067
(d) The clerk is entitled to a service charge of $15 $10
1068
for appointing a surplus trustee, furnishing the surplus trustee
1069
with a copy of the final judgment and the certificate of
1070
disbursements, and disbursing to the surplus trustee the
1071
trustee's cost advance.
1072
Section 23. Subsection (3) of section 55.505, Florida
1073
Statutes, is amended to read:
1074
55.505 Notice of recording; prerequisite to enforcement.--
1075
(3) No execution or other process for enforcement of a
1076
foreign judgment recorded hereunder shall issue until 30 days
1077
after the mailing of notice by the clerk and payment of a service
1078
charge of up to $42 $37.50 to the clerk. When an action
1079
authorized in s. 55.509(1) is filed, it acts as an automatic stay
1080
of the effect of this section.
1081
Section 24. Subsection (1) of section 57.082, Florida
1082
Statutes, is amended to read:
1083
57.082 Determination of civil indigent status.--
1084
(1) APPLICATION TO THE CLERK.--A person seeking appointment
1085
of an attorney in a civil case eligible for court-appointed
1086
counsel, or seeking relief from prepayment of fees and costs
1087
under s. 57.081, based upon an inability to pay must apply to the
1088
clerk of the court for a determination of civil indigent status
1089
using an application form developed by the Florida Clerks of
1090
Court Operations Corporation with final approval by the Supreme
1091
Court.
1092
(a) The application must include, at a minimum, the
1093
following financial information:
1094
1. Net income, consisting of total salary and wages, minus
1095
deductions required by law, including court-ordered support
1096
payments.
1097
2. Other income, including, but not limited to, social
1098
security benefits, union funds, veterans' benefits, workers'
1099
compensation, other regular support from absent family members,
1100
public or private employee pensions, unemployment compensation,
1101
dividends, interest, rent, trusts, and gifts.
1102
3. Assets, including, but not limited to, cash, savings
1103
accounts, bank accounts, stocks, bonds, certificates of deposit,
1104
equity in real estate, and equity in a boat or a motor vehicle or
1105
in other tangible property.
1106
4. All liabilities and debts.
1107
1108
The application must include a signature by the applicant which
1109
attests to the truthfulness of the information provided. The
1110
application form developed by the corporation must include notice
1111
that the applicant may seek court review of a clerk's
1112
determination that the applicant is not indigent, as provided in
1113
this section.
1114
(b) The clerk shall assist a person who appears before the
1115
clerk and requests assistance in completing the application, and
1116
the clerk shall notify the court if a person is unable to
1117
complete the application after the clerk has provided assistance.
1118
(c) The clerk shall accept an application that is signed by
1119
the applicant and submitted on his or her behalf by a private
1120
attorney who is representing the applicant in the applicable
1121
matter.
1122
(d) A person who seeks appointment of an attorney in a case
1123
under chapter 39, at the trial or appellate level, for which an
1124
indigent person is eligible for court-appointed representation,
1125
shall pay a $50 application fee to the clerk for each application
1126
filed. The applicant shall pay the fee within 7 days after
1127
submitting the application. The clerk shall transfer monthly all
1128
application fees collected under this paragraph to the Department
1129
of Revenue for deposit into the Indigent Civil Defense Trust
1130
Fund, to be used as appropriated by the Legislature. The clerk
1131
may retain 2 percent of application fees collected monthly for
1132
administrative costs prior to remitting the remainder to the
1133
Department of Revenue.
1134
Section 25. Subsection (6) of section 61.14, Florida
1135
Statutes, is amended to read:
1136
61.14 Enforcement and modification of support, maintenance,
1137
or alimony agreements or orders.--
1138
(6)(a)1. When support payments are made through the local
1139
depository or through the State Disbursement Unit, any payment or
1140
installment of support which becomes due and is unpaid under any
1141
support order is delinquent; and this unpaid payment or
1142
installment, and all other costs and fees herein provided for,
1143
become, after notice to the obligor and the time for response as
1144
set forth in this subsection, a final judgment by operation of
1145
law, which has the full force, effect, and attributes of a
1146
judgment entered by a court in this state for which execution may
1147
issue. No deduction shall be made by the local depository from
1148
any payment made for costs and fees accrued in the judgment by
1149
operation of law process under paragraph (b) until the total
1150
amount of support payments due the obligee under the judgment has
1151
been paid.
1152
2. A certified statement by the local depository evidencing
1153
a delinquency in support payments constitute evidence of the
1154
final judgment under this paragraph.
1155
3. The judgment under this paragraph is a final judgment as
1156
to any unpaid payment or installment of support which has accrued
1157
up to the time either party files a motion with the court to
1158
alter or modify the support order, and such judgment may not be
1159
modified by the court. The court may modify such judgment as to
1160
any unpaid payment or installment of support which accrues after
1161
the date of the filing of the motion to alter or modify the
1162
support order. This subparagraph does not prohibit the court from
1163
providing relief from the judgment pursuant to Rule 1.540,
1164
Florida Rules of Civil Procedure.
1165
(b)1. When an obligor is 15 days delinquent in making a
1166
payment or installment of support and the amount of the
1167
delinquency is greater than the periodic payment amount ordered
1168
by the court, the local depository shall serve notice on the
1169
obligor informing him or her of:
1170
a. The delinquency and its amount.
1171
b. An impending judgment by operation of law against him or
1172
her in the amount of the delinquency and all other amounts which
1173
thereafter become due and are unpaid, together with costs and a
1174
service charge of up to $25 $7.50, for failure to pay the amount
1175
of the delinquency.
1176
c. The obligor's right to contest the impending judgment
1177
and the ground upon which such contest can be made.
1178
d. The local depository's authority to release information
1179
regarding the delinquency to one or more credit reporting
1180
agencies.
1181
2. The local depository shall serve the notice by mailing
1182
it by first class mail to the obligor at his or her last address
1183
of record with the local depository. If the obligor has no
1184
address of record with the local depository, service shall be by
1185
publication as provided in chapter 49.
1186
3. When service of the notice is made by mail, service is
1187
complete on the date of mailing.
1188
(c) Within 15 days after service of the notice is complete,
1189
the obligor may file with the court that issued the support
1190
order, or with the court in the circuit where the local
1191
depository which served the notice is located, a motion to
1192
contest the impending judgment. An obligor may contest the
1193
impending judgment only on the ground of a mistake of fact
1194
regarding an error in whether a delinquency exists, in the amount
1195
of the delinquency, or in the identity of the obligor.
1196
(d) The court shall hear the obligor's motion to contest
1197
the impending judgment within 15 days after the date of the
1198
filing of the motion. Upon the court's denial of the obligor's
1199
motion, the amount of the delinquency and all other amounts which
1200
thereafter become due, together with costs and a service charge
1201
of up to $25 $7.50, become a final judgment by operation of law
1202
against the obligor. The depository shall charge interest at the
1203
rate established in s. 55.03 on all judgments for support.
1204
(e) If the obligor fails to file a motion to contest the
1205
impending judgment within the time limit prescribed in paragraph
1206
(c) and fails to pay the amount of the delinquency and all other
1207
amounts which thereafter become due, together with costs and a
1208
service charge of up to $25 $7.50, such amounts become a final
1209
judgment by operation of law against the obligor at the
1210
expiration of the time for filing a motion to contest the
1211
impending judgment.
1212
(f)1. Upon request of any person, the local depository
1213
shall issue, upon payment of a service charge of up to $25 $7.50,
1214
a payoff statement of the total amount due under the judgment at
1215
the time of the request. The statement may be relied upon by the
1216
person for up to 30 days from the time it is issued unless proof
1217
of satisfaction of the judgment is provided.
1218
2. When the depository records show that the obligor's
1219
account is current, the depository shall record a satisfaction of
1220
the judgment upon request of any interested person and upon
1221
receipt of the appropriate recording fee. Any person shall be
1222
entitled to rely upon the recording of the satisfaction.
1223
3. The local depository, at the direction of the
1224
department, or the obligee in a non-IV-D case, may partially
1225
release the judgment as to specific real property, and the
1226
depository shall record a partial release upon receipt of the
1227
appropriate recording fee.
1228
4. The local depository is not liable for errors in its
1229
recordkeeping, except when an error is a result of unlawful
1230
activity or gross negligence by the clerk or his or her
1231
employees.
1232
(g) The local depository shall send the department monthly
1233
by electronic means a list of all Title IV-D and non-Title IV-D
1234
cases in which a judgment by operation of law has been recorded
1235
during the month for which the data is provided. At a minimum,
1236
the depository shall provide the names of the obligor and
1237
obligee, social security numbers of the obligor and obligee, if
1238
available, and depository number.
1239
Section 26. Section 318.121, Florida Statutes, is amended
1240
to read:
1241
318.121 Preemption of additional fees, fines, surcharges,
1242
and costs.--Notwithstanding any general or special law, or
1243
municipal or county ordinance, additional fees, fines,
1244
surcharges, or costs other than the court costs and surcharges
1245
assessed under s. 318.18(11), and (13), and (18) may not be added
1246
to the civil traffic penalties assessed in this chapter.
1247
Section 27. Subsection (10) of section 318.14, Florida
1248
Statutes, is amended to read:
1249
318.14 Noncriminal traffic infractions; exception;
1250
procedures.--
1251
(10)(a) Any person who does not hold a commercial driver's
1252
license and who is cited for an offense listed under this
1253
subsection may, in lieu of payment of fine or court appearance,
1254
elect to enter a plea of nolo contendere and provide proof of
1255
compliance to the clerk of the court or authorized operator of a
1256
traffic violations bureau. In such case, adjudication shall be
1257
withheld; however, no election shall be made under this
1258
subsection if such person has made an election under this
1259
subsection in the 12 months preceding election hereunder. No
1260
person may make more than three elections under this subsection.
1261
This subsection applies to the following offenses:
1262
1. Operating a motor vehicle without a valid driver's
1264
or s. 322.15(1), or operating a motor vehicle with a license
1265
which has been suspended for failure to appear, failure to pay
1266
civil penalty, or failure to attend a driver improvement course
1267
pursuant to s. 322.291.
1268
2. Operating a motor vehicle without a valid registration
1270
3. Operating a motor vehicle in violation of s. 316.646.
1271
(b) Any person cited for an offense listed in this
1272
subsection shall present proof of compliance prior to the
1273
scheduled court appearance date. For the purposes of this
1274
subsection, proof of compliance shall consist of a valid,
1275
renewed, or reinstated driver's license or registration
1276
certificate and proper proof of maintenance of security as
1277
required by s. 316.646. Notwithstanding waiver of fine, any
1278
person establishing proof of compliance shall be assessed court
1279
costs of $25 $22, except that a person charged with violation of
1280
s. 316.646(1)-(3) may be assessed court costs of $8 $7. One
1281
dollar of such costs shall be remitted to the Department of
1282
Revenue for deposit into the Child Welfare Training Trust Fund of
1283
the Department of Children and Family Services. One dollar of
1284
such costs shall be distributed to the Department of Juvenile
1285
Justice for deposit into the Juvenile Justice Training Trust
1286
Fund. Fourteen Twelve dollars of such costs shall be distributed
1287
to the municipality and $9 $8 shall be deposited by the clerk of
1288
the court into the fine and forfeiture fund established pursuant
1289
to s. 142.01, if the offense was committed within the
1290
municipality. If the offense was committed in an unincorporated
1291
area of a county or if the citation was for a violation of s.
1292
316.646(1)-(3), the entire amount shall be deposited by the clerk
1293
of the court into the fine and forfeiture fund established
1294
pursuant to s. 142.01, except for the moneys to be deposited into
1295
the Child Welfare Training Trust Fund and the Juvenile Justice
1296
Training Trust Fund. This subsection shall not be construed to
1297
authorize the operation of a vehicle without a valid driver's
1298
license, without a valid vehicle tag and registration, or without
1299
the maintenance of required security.
1300
Section 28. Subsection (1) of section 318.15, Florida
1301
Statutes, is amended to read:
1302
318.15 Failure to comply with civil penalty or to appear;
1303
penalty.--
1304
(1)(a) If a person fails to comply with the civil penalties
1305
provided in s. 318.18 within the time period specified in s.
1306
318.14(4), fails to attend driver improvement school, or fails to
1307
appear at a scheduled hearing, the clerk of the court shall
1308
notify the Division of Driver Licenses of the Department of
1309
Highway Safety and Motor Vehicles of such failure within 10 days
1310
after such failure. Upon receipt of such notice, the department
1311
shall immediately issue an order suspending the driver's license
1312
and privilege to drive of such person effective 20 days after the
1313
date the order of suspension is mailed in accordance with s.
1314
322.251(1), (2), and (6). Any such suspension of the driving
1315
privilege which has not been reinstated, including a similar
1316
suspension imposed outside Florida, shall remain on the records
1317
of the department for a period of 7 years from the date imposed
1318
and shall be removed from the records after the expiration of 7
1319
years from the date it is imposed.
1320
(b) However, a person who elects to attend driver
1321
improvement school and has paid the civil penalty as provided in
1322
s. 318.14(9), but who subsequently fails to attend the driver
1323
improvement school within the time specified by the court shall
1324
be deemed to have admitted the infraction and shall be
1325
adjudicated guilty. In such case the person must pay the clerk of
1326
the court the 18 percent deducted pursuant to s. 318.14(9), and a
1327
processing fee of up to $18 $15, after which no additional
1328
penalties, court costs, or surcharges shall be imposed for the
1329
violation. The clerk of the court shall notify the department of
1330
the person's failure to attend driver improvement school and
1331
points shall be assessed pursuant to s. 322.27.
1332
Section 29. Subsection (2), paragraph (a) of subsection
1333
(8), and paragraph (a) of subsection (11) of section 318.18,
1334
Florida Statutes, are amended, and subsection (18) is added to
1335
that section, to read:
1336
318.18 Amount of penalties.--The penalties required for a
1337
noncriminal disposition pursuant to s. 318.14 or a criminal
1338
offense listed in s. 318.17 are as follows:
1339
(2) Thirty dollars for all nonmoving traffic violations
1340
and:
1341
(a) For all violations of s. 322.19.
1343
and 322.15(1). Any person who is cited for a violation of s.
1344
320.07(1) shall be charged a delinquent fee pursuant to s.
1345
320.07(4).
1346
1. If a person who is cited for a violation of s. 320.0605
1347
or s. 320.07 can show proof of having a valid registration at the
1348
time of arrest, the clerk of the court may dismiss the case and
1349
may assess a dismissal fee of up to $10 $7.50. A person who finds
1350
it impossible or impractical to obtain a valid registration
1351
certificate must submit an affidavit detailing the reasons for
1352
the impossibility or impracticality. The reasons may include, but
1353
are not limited to, the fact that the vehicle was sold, stolen,
1354
or destroyed; that the state in which the vehicle is registered
1355
does not issue a certificate of registration; or that the vehicle
1356
is owned by another person.
1357
2. If a person who is cited for a violation of s. 322.03,
1359
him or her and valid at the time of arrest, the clerk of the
1360
court may dismiss the case and may assess a dismissal fee of up
1361
to $10 $7.50.
1362
3. If a person who is cited for a violation of s. 316.646
1363
can show proof of security as required by s. 627.733, issued to
1364
the person and valid at the time of arrest, the clerk of the
1365
court may dismiss the case and may assess a dismissal fee of up
1366
to $10 $7.50. A person who finds it impossible or impractical to
1367
obtain proof of security must submit an affidavit detailing the
1368
reasons for the impracticality. The reasons may include, but are
1369
not limited to, the fact that the vehicle has since been sold,
1370
stolen, or destroyed; that the owner or registrant of the vehicle
1371
is not required by s. 627.733 to maintain personal injury
1372
protection insurance; or that the vehicle is owned by another
1373
person.
1376
person committing the violation corrects the defect and obtains
1377
proof of such timely repair by an affidavit of compliance
1378
executed by the law enforcement agency within 30 days from the
1379
date upon which the traffic citation was issued, and pays $4 to
1380
the law enforcement agency, thereby completing the affidavit of
1381
compliance, then upon presentation of said affidavit by the
1382
defendant to the clerk within the 30-day time period set forth
1384
the clerk of the court shall retain.
1385
(d) For all violations of s. 316.126(1)(b), unless
1386
otherwise specified.
1387
(8)(a) Any person who fails to comply with the court's
1388
requirements or who fails to pay the civil penalties specified in
1389
this section within the 30-day period provided for in s. 318.14
1390
must pay an additional civil penalty of $18 $12, $2.50 of which
1391
must be remitted to the Department of Revenue for deposit in the
1392
General Revenue Fund, $6 of which must be retained by the clerk,
1393
and $9.50 of which must be remitted to the Department of Revenue
1394
for deposit in the Highway Safety Operating Trust Fund. The
1395
department shall contract with the Florida Association of Court
1396
Clerks, Inc., to design, establish, operate, upgrade, and
1397
maintain an automated statewide Uniform Traffic Citation
1398
Accounting System to be operated by the clerks of the court which
1399
shall include, but not be limited to, the accounting for traffic
1400
infractions by type, a record of the disposition of the
1401
citations, and an accounting system for the fines assessed and
1402
the subsequent fine amounts paid to the clerks of the court. On
1403
or before December 1, 2001, the clerks of the court must provide
1404
the information required by this chapter to be transmitted to the
1405
department by electronic transmission pursuant to the contract.
1406
(11)(a) In addition to the stated fine, court costs must be
1407
paid in the following amounts and shall be deposited by the clerk
1408
into the fine and forfeiture fund established pursuant to s.
1409
1410
1411
For pedestrian infractions....$4 $ 3.
1412
For nonmoving traffic infractions....$18 $ 16.
1413
For moving traffic infractions....$35 $ 30.
1414
(18) In addition to any penalties imposed, an
1415
administrative fee of $10 must be paid for all noncriminal moving
1416
and nonmoving traffic violations under chapter 316. Revenue from
1417
the administrative fee shall be deposited by the clerk of court
1418
into the fine and forfeiture fund established pursuant to s.
1419
1420
Section 30. Subsections (1) and (2) of section 322.245,
1421
Florida Statutes, are amended to read:
1422
322.245 Suspension of license upon failure of person
1423
charged with specified offense under chapter 316, chapter 320, or
1424
this chapter to comply with directives ordered by traffic court
1425
or upon failure to pay child support in non-IV-D cases as
1426
provided in chapter 61 or failure to pay any financial obligation
1427
in any other criminal case.--
1428
(1) If a person charged with a violation of any of the
1429
criminal offenses enumerated in s. 318.17 or with the commission
1430
of any offense constituting a misdemeanor under chapter 320 or
1431
this chapter fails to comply with all of the directives of the
1432
court within the time allotted by the court, the clerk of the
1433
traffic court shall mail to the person, at the address specified
1434
on the uniform traffic citation, a notice of such failure,
1435
notifying him or her that, if he or she does not comply with the
1436
directives of the court within 30 days after the date of the
1437
notice and pay a delinquency fee of up to $25 $15 to the clerk,
1438
his or her driver's license will be suspended. The notice shall
1439
be mailed no later than 5 days after such failure. The
1440
delinquency fee may be retained by the office of the clerk to
1441
defray the operating costs of the office.
1442
(2) In non-IV-D cases, if a person fails to pay child
1443
support under chapter 61 and the obligee so requests, the
1444
depository or the clerk of the court shall mail in accordance
1445
with s. 61.13016 the notice specified in that section, notifying
1446
him or her that if he or she does not comply with the
1447
requirements of that section and pay a delinquency fee of $25 $10
1448
to the depository or the clerk, his or her driver's license and
1449
motor vehicle registration will be suspended. The delinquency fee
1450
may be retained by the depository or the office of the clerk to
1451
defray the operating costs of the office.
1452
Section 31. Subsection (4), paragraph (a) of subsection
1453
(9), and subsection (11) of section 327.73, Florida Statutes, are
1454
amended to read:
1455
327.73 Noncriminal infractions.--
1456
(4) Any person charged with a noncriminal infraction under
1457
this section may:
1458
(a) Pay the civil penalty, either by mail or in person,
1459
within 30 days of the date of receiving the citation; or,
1460
(b) If he or she has posted bond, forfeit bond by not
1461
appearing at the designated time and location.
1462
1463
If the person cited follows either of the above procedures, he or
1464
she shall be deemed to have admitted the noncriminal infraction
1465
and to have waived the right to a hearing on the issue of
1466
commission of the infraction. Such admission shall not be used as
1467
evidence in any other proceedings. If a person who is cited for a
1468
violation of s. 327.395 can show a boating safety identification
1469
card issued to that person and valid at the time of the citation,
1470
the clerk of the court may dismiss the case and may assess a
1471
dismissal fee of up to $10 $7.50. If a person who is cited for a
1472
violation of s. 328.72(13) can show proof of having a
1473
registration for that vessel which was valid at the time of the
1474
citation, the clerk may dismiss the case and may assess the
1475
dismissal fee.
1476
(9)(a) Any person who fails to comply with the court's
1477
requirements or who fails to pay the civil penalties specified in
1478
this section within the 30-day period provided for in s. 327.72
1479
must pay an additional court cost of up to $20 $18, which shall
1480
be used by the clerks of the courts to defray the costs of
1481
tracking unpaid uniform boating citations.
1482
(11)(a) Court costs that are to be in addition to the
1483
stated civil penalty shall be imposed by the court in an amount
1484
not less than the following:
1485
1. For swimming or diving infractions, $4 $3.
1486
2. For nonmoving boating infractions, $18 $6.
1487
3. For boating infractions listed in s. 327.731(1), $35
1488
$10.
1489
1490
(b) In addition to the court cost assessed under paragraph
1491
(a), the court shall impose a $3 court cost for each noncriminal
1492
infraction, to be distributed as provided in s. 938.01, and a $2
1493
court cost as provided in s. 938.15 when assessed by a
1494
municipality or county.
1495
1496
Court costs imposed under this subsection may not exceed $45 $30.
1497
A criminal justice selection center or both local criminal
1498
justice access and assessment centers may be funded from these
1499
court costs.
1500
Section 32. Paragraph (i) of subsection (1) of section
1501
372.83, Florida Statutes, is amended to read:
1502
372.83 Penalties and violations; civil penalties for
1503
noncriminal infractions; criminal penalties; suspension and
1504
forfeiture of licenses and permits.--
1505
(1)
1506
(i) A person cited for violating the requirements of s.
1507
372.57 relating to personal possession of a license or permit may
1508
not be convicted if, prior to or at the time of a county court
1509
hearing, the person produces the required license or permit for
1510
verification by the hearing officer or the court clerk. The
1511
license or permit must have been valid at the time the person was
1512
cited. The clerk or hearing officer may assess a $10 $5 fee for
1513
costs under this paragraph.
1514
Section 33. Subsection (1) of section 713.24, Florida
1515
Statutes, is amended to read:
1516
713.24 Transfer of liens to security.--
1517
(1) Any lien claimed under this part may be transferred, by
1518
any person having an interest in the real property upon which the
1519
lien is imposed or the contract under which the lien is claimed,
1520
from such real property to other security by either:
1521
(a) Depositing in the clerk's office a sum of money, or
1522
(b) Filing in the clerk's office a bond executed as surety
1523
by a surety insurer licensed to do business in this state,
1524
1525
either to be in an amount equal to the amount demanded in such
1526
claim of lien, plus interest thereon at the legal rate for 3
1527
years, plus $1,000 or 25 percent of the amount demanded in the
1528
claim of lien, whichever is greater, to apply on any attorney's
1529
fees and court costs that may be taxed in any proceeding to
1530
enforce said lien. Such deposit or bond shall be conditioned to
1531
pay any judgment or decree which may be rendered for the
1532
satisfaction of the lien for which such claim of lien was
1533
recorded. Upon making such deposit or filing such bond, the clerk
1534
shall make and record a certificate showing the transfer of the
1535
lien from the real property to the security and shall mail a copy
1536
thereof by registered or certified mail to the lienor named in
1537
the claim of lien so transferred, at the address stated therein.
1538
Upon filing the certificate of transfer, the real property shall
1539
thereupon be released from the lien claimed, and such lien shall
1540
be transferred to said security. In the absence of allegations of
1541
privity between the lienor and the owner, and subject to any
1542
order of the court increasing the amount required for the lien
1543
transfer deposit or bond, no other judgment or decree to pay
1544
money may be entered by the court against the owner. The clerk
1545
shall be entitled to a service charge for making and serving the
1546
certificate, in the amount of up to $20 $15. If the transaction
1547
involves the transfer of multiple liens, an additional charge of
1548
up to $10 $7.50 for each additional lien shall be charged. For
1549
recording the certificate and approving the bond, the clerk shall
1550
receive her or his usual statutory service charges as prescribed
1551
in s. 28.24. Any number of liens may be transferred to one such
1552
security.
1553
Section 34. Subsection (3) of section 721.83, Florida
1554
Statutes, is amended to read:
1555
721.83 Consolidation of foreclosure actions.--
1556
(3) A consolidated timeshare foreclosure action shall be
1557
considered a single action, suit, or proceeding for the payment
1558
of filing fees and service charges pursuant to general law. In
1559
addition to the payment of such filing fees and service charges,
1560
an additional filing fee of up to $10 $5 for each timeshare
1561
estate joined in that action shall be paid to the clerk of court.
1562
Section 35. Subsection (6) of section 744.365, Florida
1563
Statutes, is amended to read:
1564
744.365 Verified inventory.--
1565
(6) AUDIT FEE.--
1566
(a) Where the value of the ward's property exceeds $25,000,
1567
a guardian shall pay from the ward's property to the clerk of the
1568
circuit court a fee of up to $85 $75, upon the filing of the
1569
verified inventory, for the auditing of the inventory. Upon
1570
petition by the guardian, the court may waive the auditing fee
1571
upon a showing of insufficient funds in the ward's estate. Any
1572
guardian unable to pay the auditing fee may petition the court
1573
for waiver of the fee. The court may waive the fee after it has
1574
reviewed the documentation filed by the guardian in support of
1575
the waiver.
1576
(b) An audit fee may not be charged to any ward whose
1577
property has a value of less than $25,000.
1578
Section 36. Subsection (4) of section 744.3678, Florida
1579
Statutes, is amended to read:
1580
744.3678 Annual accounting.--
1581
(4) The guardian shall pay from the ward's estate to the
1582
clerk of the circuit court a fee based upon the following
1583
graduated fee schedule, upon the filing of the annual financial
1584
return, for the auditing of the return:
1585
(a) For estates with a value of $25,000 or less the clerk
1586
of the court may charge a fee of up to $20 $15.
1587
(b) For estates with a value of more than $25,000 up to and
1588
including $100,000 the clerk of the court may charge a fee of up
1589
to $85 $75.
1590
(c) For estates with a value of more than $100,000 up to
1591
and including $500,000 the clerk of the court may charge a fee of
1592
up to $170 $150.
1593
(d) For estates with a value in excess of $500,000 the
1594
clerk of the court may charge a fee of up to $250 $225.
1595
1596
Upon petition by the guardian, the court may waive the auditing
1597
fee upon a showing of insufficient funds in the ward's estate.
1598
Any guardian unable to pay the auditing fee may petition the
1599
court for a waiver of the fee. The court may waive the fee after
1600
it has reviewed the documentation filed by the guardian in
1601
support of the waiver.
1602
Section 37. Subsection (2) of section 766.104, Florida
1603
Statutes, is amended to read:
1604
766.104 Pleading in medical negligence cases; claim for
1605
punitive damages; authorization for release of records for
1606
investigation.--
1607
(2) Upon petition to the clerk of the court where the suit
1608
will be filed and payment to the clerk of a filing fee, not to
1609
exceed $42 $37.50, an automatic 90-day extension of the statute
1610
of limitations shall be granted to allow the reasonable
1611
investigation required by subsection (1). This period shall be in
1612
addition to other tolling periods. No court order is required for
1613
the extension to be effective. The provisions of this subsection
1614
shall not be deemed to revive a cause of action on which the
1615
statute of limitations has run.
1616
Section 38. Subsection (1) of section 938.05, Florida
1617
Statutes, is amended to read:
1618
938.05 Additional court costs for felonies, misdemeanors,
1619
and criminal traffic offenses.--
1620
(1) Any person pleading nolo contendere to a misdemeanor or
1621
criminal traffic offense under s. 318.14(10)(a) or pleading
1622
guilty or nolo contendere to, or being found guilty of, any
1623
felony, misdemeanor, or criminal traffic offense under the laws
1624
of this state or the violation of any municipal or county
1625
ordinance which adopts by reference any misdemeanor under state
1626
law, shall pay as a cost in the case, in addition to any other
1627
cost required to be imposed by law, a sum in accordance with the
1628
following schedule:
1629
(a) Felonies....$225 $200
1630
(b) Misdemeanors....$60 $50
1631
(c) Criminal traffic offenses....$60 $50
1632
Section 39. Subsections (1), (2), and (8) of section
1633
938.27, Florida Statutes, are amended to read:
1634
938.27 Judgment for costs on conviction.--
1635
(1) In all criminal, juvenile, and violation-of-probation
1636
or community-control cases, convicted persons are liable for
1637
payment of the documented costs of prosecution, including
1638
investigative costs incurred by law enforcement agencies, by fire
1639
departments for arson investigations, and by investigations of
1640
the Department of Financial Services or the Office of Financial
1641
Regulation of the Financial Services Commission, if requested by
1642
such agencies. The court shall include these costs in every shall
1643
be included and entered in the judgment rendered against the
1644
convicted person. For purposes of this section, "convicted" means
1645
a determination of guilt or delinquency, or of violation of
1646
probation or community control, which is a result of a plea,
1647
trial, or violation proceeding, regardless of whether
1648
adjudication is withheld.
1649
(2)(a) The court shall impose the costs of prosecution and
1650
investigation notwithstanding the defendant's present ability to
1651
pay. The court shall require the defendant to pay the costs
1652
within a specified period or in specified installments.
1653
(b) The end of such period or the last such installment
1654
shall not be later than:
1655
1. The end of the period of probation or community control,
1656
if probation or community control is ordered;
1657
2. Five years after the end of the term of imprisonment
1658
imposed, if the court does not order probation or community
1659
control; or
1660
3. Five years after the date of sentencing in any other
1661
case.
1662
1663
However, in no event shall the obligation to pay any unpaid
1664
amounts expire if not paid in full within the period specified in
1665
this paragraph.
1666
(c) If not otherwise provided by the court under this
1667
section, costs shall be paid immediately.
1668
(8) Costs for the state attorney shall be set in all cases
1669
at no less than $50 per case when a misdemeanor, criminal
1670
traffic, or juvenile offense is charged and no less than $100 per
1671
case when a felony offense is charged, including a proceeding in
1672
which the underlying offense is a violation of probation or
1673
community control. The court may set a higher amount upon a
1674
showing of sufficient proof of higher costs incurred. Costs
1675
recovered on behalf of that are collected by the state attorney
1676
under this section shall be deposited into the state attorney's
1677
grants and donations trust fund to be used during the fiscal year
1678
in which the funds are collected, or in any subsequent fiscal
1679
year, for actual expenses incurred in investigating and
1680
prosecuting criminal cases, which may include the salaries of
1681
permanent employees, or for any other purpose authorized by the
1682
Legislature.
1683
Section 40. Subsection (1) of section 938.29, Florida
1684
Statutes, is amended to read:
1685
938.29 Legal assistance; lien for payment of attorney's
1686
fees or costs.--
1687
(1)(a) A defendant determined to be guilty of a criminal
1688
act by a court or jury or through a plea of guilty or nolo
1689
contendere and who has received the assistance of the public
1690
defender's office, a special assistant public defender, the
1691
office of criminal conflict and civil regional counsel, or a
1692
private conflict attorney, or who has received due process
1693
services after being found indigent for costs under s. 27.52,
1694
shall be liable for payment of the assessed application fee under
1695
s. 27.52 and attorney's fees and costs. The court shall determine
1696
the amount of the obligation. Such costs shall include, but not
1697
be limited to, the cost of depositions; cost of transcripts of
1698
depositions, including the cost of defendant's copy, which
1699
transcripts are certified by the defendant's attorney as having
1700
served a useful purpose in the disposition of the case;
1701
investigative costs; witness fees; the cost of psychiatric
1702
examinations; or other reasonable costs specially incurred by the
1703
state and the clerk of court for the defense of the defendant in
1704
criminal prosecutions. Costs shall not include expenses inherent
1705
in providing a constitutionally guaranteed jury trial or
1706
expenditures in connection with the maintenance and operation of
1707
government agencies that must be made by the public irrespective
1708
of specific violations of law. Any costs assessed pursuant to
1709
this paragraph shall be reduced by any amount assessed against a
1710
defendant pursuant to s. 938.05.
1711
(b) Upon entering a judgment of conviction, the defendant
1712
shall be liable to pay the costs in full after the judgment of
1713
conviction becomes final.
1714
(c) The defendant shall pay the application fee under s.
1715
27.52(1)(b) and attorney's fees and costs in full or in
1716
installments, at the time or times specified. The court may order
1717
payment of the assessed application fee and attorney's fees and
1718
costs as a condition of probation, of suspension of sentence, or
1719
of withholding the imposition of sentence. The first $40 from
1720
attorney's fees and costs collected under this section shall be
1721
transferred monthly by the clerk to the Department of Revenue for
1722
deposit into the Indigent Criminal Defense Trust Fund. All funds
1723
remaining attorney's fees and costs collected under this section
1724
shall be distributed as provided in s. 27.562 deposited into the
1725
General Revenue Fund.
1726
Section 41. Notwithstanding s. 28.36, Florida Statutes, the
1727
Florida Clerks of Court Operations Corporation may not approve
1728
increases to the clerks budgets for the 2008-2009 county fiscal
1729
year based on increased revenue generated under this act. The
1730
corporation may increase clerk budgets in the aggregate by
1731
$4,752,735 on an annual basis beginning July 1, 2008, for the
1732
increased duties related to paying jurors and witnesses and juror
1733
meals and lodging expenses as provided in this act.
1734
Section 42. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.