ENROLLED

2008 LegislatureCS for SB 1790, 1st Engrossed

20081790er

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

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25.241, F.S.; requiring a fee for filing a notice of

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cross-appeal or certain joinder notices or intervenor

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motions with the Supreme Court; amending s. 26.57, F.S.;

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eliminating additional compensation for county judges

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presiding over circuit court cases; amending s. 27.511,

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F.S.; prescribing the types of civil proceedings in which

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assistant criminal conflict and civil regional counsel may

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not otherwise engage; authorizing part-time assistant

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regional counsel to practice criminal law with specified

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limitations; providing for the public defender to handle

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criminal appeals in certain cases for which trial

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representation was provided by the office of criminal

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conflict and civil regional counsel; providing an

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exception when the public defender has a conflict;

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amending s. 27.52, F.S.; increasing the application fee

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for determining indigent status for the purpose of

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receiving criminal representation by state-funded counsel;

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conforming provisions to changes made by the act; amending

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s. 27.562, F.S.; specifying that certain assessments

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collected from a defendant are in satisfaction of the

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application fee for a determination of indigent status;

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

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rendered by the clerk of the circuit court in recording

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documents and instruments and performing other duties;

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

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that the clerk of court is authorized to charge in probate

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matters; amending s. 28.241, F.S.; increasing filing fees

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for civil actions in circuit court; conforming provisions

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governing the remission of a portion of the fees to the

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General Revenue Fund; providing for a portion of the fees

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to be deposited in a designated trust fund in support of

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mediation activities; requiring a fee for filing cross-

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claims, counterclaims, and third-party pleadings;

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requiring a service charge for issuing a summons;

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increasing filing fees for instituting certain appellate

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proceedings; 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; requiring a fee for filing certain

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cross-claims, counterclaims, third-party pleadings, and

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certain appellate notices and motions; requiring a service

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charge for issuing a summons; amending s. 35.06, F.S.;

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reducing the number of judges in the Third District Court

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of Appeal; amending s. 35.22, F.S.; requiring a fee for

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filing a notice of cross-appeal or certain joinder notices

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or intervenor motions with a district court of appeal;

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amending s. 40.24, F.S.; providing for jurors to be

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compensated by the clerk of the court rather than the

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state; amending s. 40.26, F.S.; providing for certain

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meals and lodging expenses for jurors to be paid by the

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

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requirements for the clerk of the court relating to

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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.; revising provisions to conform to the payment

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of juror compensation from funds retained by the clerk of

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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; requiring the clerk to submit a

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witness payroll to the Justice Administrative Commission;

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repealing s. 40.35, F.S., relating to an accounting by the

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clerk of the court to the State Courts Administrator for

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funds for juror and witness payments; amending s. 40.355,

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F.S.; revising requirements for the clerk of the court to

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account for certain funds, to conform to changes made by

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the act; amending s. 40.361, F.S., relating to the

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applicability of certain state budgeting laws; conforming

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a cross-reference; amending s. 44.108, F.S.; increasing

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fees for court-ordered mediation services; requiring the

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clerk of the court to report the fees collected and

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deposited into the Mediation and Arbitration Trust Fund;

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amending s. 45.035, F.S.; increasing service charges

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related to judicial sales procedures; amending s. 55.505,

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F.S.; increasing a service charge for issuing execution or

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process for enforcement of a foreign judgment; amending s.

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57.082, F.S.; creating an application fee for a

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determination of indigent status and appointment of an

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attorney in certain proceedings relating to children;

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providing for fees collected to be deposited into the

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Indigent Civil Defense Trust Fund; authorizing the clerk

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of the court to retain a portion of the fees collected;

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providing for a person who cannot pay the fee to be

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enrolled in a payment plan; amending s. 61.14, F.S.;

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increasing service charges related to enforcement and

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modification of support, maintenance, or alimony

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agreements or orders; amending s. 316.193, F.S.;

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increasing fines for driving under the influence; amending

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s. 318.121, F.S.; specifying that a new administrative fee

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for civil traffic violations is not preempted; amending s.

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318.14, F.S.; increasing the court costs that are assessed

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in certain noncriminal traffic cases; amending s. 318.15,

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F.S.; increasing the processing fee when a person is

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adjudicated guilty after failing to attend driver

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improvement school; amending s. 318.18, F.S.; increasing

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fees and court costs related to certain traffic

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infractions; creating an administrative fee for

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noncriminal moving and nonmoving traffic violations;

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amending s. 322.245, F.S.; increasing delinquency fees

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that are imposed for failing to comply with traffic court

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directives and that must be paid to avoid suspension of a

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driver's license; amending s. 327.35, F.S.; increasing

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fines for boating under the influence; amending s. 327.73,

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F.S.; increasing dismissal fees and court costs related to

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certain noncriminal vessel safety infractions; increasing

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the maximum amount of court costs that may be imposed;

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amending s. 372.83, F.S.; increasing the costs assessed by

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the clerk or a hearing officer for verifying that a person

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possesses a certain wildlife license or permit; amending

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s. 713.24, F.S.; increasing the fees charged by the clerk

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for making and serving a certificate showing transfer of a

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lien from real property to certain security; amending s.

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721.83, F.S.; increasing the additional filing fee for

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joining a timeshare estate in a consolidated foreclosure

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action; amending s. 744.365, F.S.; increasing the fee paid

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by a guardian from the ward's property upon the filing of

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a verified inventory of the ward's property; amending s.

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744.3678, F.S.; increasing the fees paid by a guardian

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from the ward's estate as part of an annual accounting;

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amending s. 766.104, F.S.; increasing the filing fee for

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securing an automatic extension of the statute of

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limitations to allow for investigation in medical

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negligence cases; amending s. 938.05, F.S.; increasing the

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additional costs that a person must pay in felony,

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misdemeanor, or criminal traffic offenses; amending s.

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938.27, F.S.; defining the term "convicted" for purposes

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of paying the costs of prosecution; providing for the

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payment of costs in violation-of-probation or community-

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control cases; providing for the imposition of such costs

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notwithstanding a defendant's present ability to pay;

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prescribing minimum costs of prosecution; authorizing the

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court to establish higher costs of prosecution; amending

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s. 938.29, F.S.; providing for the payment of attorney's

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fees and costs in violation-of-probation or community-

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control cases; providing that certain defendants are

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liable for the application fee to determine indigent

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status for purposes of appointing counsel; prescribing

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minimum attorney's fees and costs related to

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representation in criminal cases; authorizing the court to

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establish higher fees and costs; defining the term

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"convicted" for purposes of paying attorney's fees and

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costs related to such representation; providing for

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distribution of funds collected from a defendant for the

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application fee, attorney's fees, and costs; amending s.

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984.08, F.S.; eliminating authority for counties to

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collect on liens to pay costs related to court-appointed

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counsel in certain cases involving children and families

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in need of services; providing for parents or legal

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guardians to be enrolled in payment plans; prohibiting the

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Florida Clerks of Court Operations Corporation from

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increasing the clerks' budgets based on increased revenues

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under the act; authorizing the corporation to increase

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budgets in the aggregate for increased clerk duties

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related to the payment of juror expenses; providing an

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effective date.

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

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     Section 1.  Subsection (3) of section 25.241, Florida

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Statutes, is amended to read:

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     25.241  Clerk of Supreme Court; compensation; assistants;

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filing fees, etc.--

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     (3)(a) The Clerk of the Supreme Court is hereby required to

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collect, upon the filing of a certified copy of a notice of

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appeal or petition, $300 for each case docketed, and for copying,

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certifying, or furnishing opinions, records, papers, or other

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instruments, except as otherwise herein provided, the same fees

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that are allowed clerks of the circuit court; however, no fee

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shall be less than $1. The State of Florida or its agencies, when

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appearing as appellant or petitioner, is exempt from the filing

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fees required in this subsection. From each attorney appearing

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pro hac vice, the Clerk of the Supreme Court shall collect an

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additional fee of $100 to be deposited into the General Revenue

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Fund.

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     (b) Upon the filing of a notice of cross-appeal, or a

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notice of joinder or motion to intervene as an appellant, cross-

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appellant, or petitioner, the Clerk of the Supreme Court shall

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charge and collect a filing fee of $295. The clerk shall remit

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the fee to the Department of Revenue for deposit into the General

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Revenue Fund. The state and its agencies are exempt from the

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filing fee required in this paragraph.

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     Section 2.  Section 26.57, Florida Statutes, is amended to

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read:

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     26.57  Temporary designation of county court judge to

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preside over circuit court cases.--In each county where there is

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no resident circuit judge and the county court judge has been a

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member of the bar for at least 5 years and is qualified to be a

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circuit judge, the county court judge may be designated on a

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temporary basis to preside over circuit court cases by the Chief

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Justice of the Supreme Court upon recommendation of the chief

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judge of the circuit, and the judge so designated shall receive

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the same salary as a duly elected circuit judge for the time

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periods that the county judge is actually presiding over circuit

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court cases. He or she may be assigned to exercise all county and

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circuit court jurisdiction in the county, except appeals from the

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county court. In addition, he or she may be required to perform

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the duties of circuit judge in other counties of the circuit as

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time may permit and as the need arises, as determined by the

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chief judge of the circuit.

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     Section 3.  Subsections (4) and (8) of section 27.511,

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Florida Statutes, are amended to read:

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     27.511  Offices of criminal conflict and civil regional

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counsel; legislative intent; qualifications; appointment;

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duties.--

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

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

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holding office. Assistant regional counsel shall give priority

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and preference to their duties as assistant regional counsel and

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may not otherwise engage in the practice of criminal law.

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Assistant regional counsel may not engage or in civil proceedings

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for which the state compensates attorneys under s. 27.5304 for

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representation.

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     (b) Notwithstanding paragraph (a), part-time assistant

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regional counsel may practice criminal law for private payment so

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long as the representation does not result in a legal or ethical

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conflict of interest with a case for which the office of criminal

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conflict and civil regional council is providing representation.

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Assistant regional counsel may not accept criminal cases for

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reimbursement by the state under s. 27.5304. This paragraph

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expires June 30, 2010.

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     (8) The public defender for the judicial circuit specified

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in s. 27.51(4) office of criminal conflict and civil regional

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counsel shall, after the record on appeal is transmitted to the

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appellate court by the office of criminal conflict and civil

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regional counsel which handled the trial and if requested by the

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regional counsel for the indicated appellate district, handle all

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circuit court appeals authorized pursuant to paragraph (5)(f)

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within the state courts system and any authorized appeals to the

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federal courts which are required of the official making the

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request in cases in which the office of criminal conflict and

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civil regional counsel is appointed under this section. If the

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public defender certifies to the court that the public defender

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has a conflict consistent with the criteria prescribed in s.

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27.5303 and moves to withdraw, the regional counsel shall handle

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

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case the court shall appoint private counsel pursuant to s.

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27.40.

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     Section 4.  Paragraphs (b) and (c) of subsection (1) of

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section 27.52, Florida Statutes, are amended to read:

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     27.52  Determination of indigent status.--

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

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

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

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indigent status using an application form developed by the

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Florida Clerks of Court Operations Corporation with final

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approval by the Supreme Court.

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

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

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applicant shall pay the fee within 7 days after submitting the

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

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

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the court shall:

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

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a condition of probation; or

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

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     (c)  Notwithstanding any provision of law, court rule, or

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

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

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

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counsel or other required due process services for failure to pay

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the fee.

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     Section 5.  Section 27.562, Florida Statutes, is amended to

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read:

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

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

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Indigent Criminal Defense Trust Fund pursuant to s. 27.525 in

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satisfaction of the application fee for a determination of

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

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remaining funds collected pursuant to s. 938.29 shall be

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distributed as follows:

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

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of Revenue for deposit into the Justice Administrative

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Commission's Indigent Criminal Defense Trust Fund.

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

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Department of Revenue for deposit into the General Revenue Fund.

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The Justice Administrative Commission shall account for funds

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deposited into the Indigent Criminal Defense Trust Fund by

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circuit. Appropriations from the fund shall be proportional to

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each circuit's collections. All judgments entered pursuant to

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this part shall be in the name of the state.

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     Section 6.  Section 28.24, Florida Statutes, is amended to

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read:

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

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clerk of the circuit court shall charge for services rendered by

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

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performing the duties enumerated in amounts not to exceed those

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specified in this section. Notwithstanding any other provision of

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this section, the clerk of the circuit court shall provide

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without charge to the state attorney, public defender, guardian

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

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and civil regional counsel, and private court-appointed counsel

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

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

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requesting party is entitled by law to view the exempt or

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

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

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Florida Rules of Judicial Administration. The clerk of the

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circuit court may provide the requested public record in an

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

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accessed by the requesting entity.

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Charges

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

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certifying transcripts of record in appellate proceedings,

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prepared by attorney for appellant or someone else other than

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clerk, per page....5.00 4.50

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

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

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

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records....2.00 1.50

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     (4)  For verifying any instrument presented for

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certification prepared by someone other than clerk, per

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page....3.50 3.00

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

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instrument in the public records consisting of pages of not more

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

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     (b)  For making copies by photographic process of any

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

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inches, per page....5.00

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

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

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

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     (c) Microfiche, per fiche....3.50 3.00

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

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

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     (8)  For writing any paper other than herein specifically

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mentioned, same as for copying, including signing and

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sealing....7.00 6.00

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

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

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     (a)1.  First $500, percent....3

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

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

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

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

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inches:

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     (a)  First page....30.00

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     (b)  Each additional page....15.00

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

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

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property appraiser where applicable:

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

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

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     (c)  For indexing instruments recorded in the official

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records which contain more than four names, per additional

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name....1.00

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

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of the circuit court to be deposited in the Public Records

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

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except judgments received from the courts and notices of lis

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pendens, recorded in the official records:

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     1.  First page....1.00

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     2.  Each additional page....0.50

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

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exclusively for equipment and maintenance of equipment, personnel

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training, and technical assistance in modernizing the public

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

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maintaining official records exists in an office other than the

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

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circuit court is entitled to 25 percent of the moneys deposited

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into the trust fund for equipment, maintenance of equipment,

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training, and technical assistance in modernizing the system for

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

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

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

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or benefits of employees, construction costs, general operating

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expenses, or other costs not directly related to obtaining and

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maintaining equipment for public records systems or for the

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purchase of furniture or office supplies and equipment not

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

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and on or before December 1 of each year immediately preceding

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each year during which the trust fund is scheduled for

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

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

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on the Public Records Modernization Trust Fund with the President

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

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The report must itemize each expenditure made from the trust fund

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

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

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each of the following: equipment, maintenance of equipment,

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personnel training, and technical assistance. The report must

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

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

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

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

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

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

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

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the additional $4 service charge collected:

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     1.  If the counties maintain legal responsibility for the

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

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

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

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the cost of development, implementation, operation, and

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maintenance of the clerks' Comprehensive Case Information System,

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in which system all clerks shall participate on or before January

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

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the Public Records Modernization Trust Fund and used exclusively

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for funding court-related technology needs of the clerk as

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

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to the board of county commissioners to be used exclusively to

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fund court-related technology, and court technology needs as

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

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state attorney, public defender, and criminal conflict and civil

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regional counsel in that county. If the counties maintain legal

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responsibility for the costs of the court-related technology

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

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

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additional funding beyond that provided herein for the court-

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related technology needs of the clerk as defined in s.

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

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

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generated as part of the Comprehensive Case Information System

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funded pursuant to this paragraph and the clerk of court is

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

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where the duty of maintaining official records exists in a county

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

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office is designated the custodian of all official records, and

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the clerk of court is designated the custodian of all court

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

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

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

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State Court System for copies of records generated by the

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Comprehensive Case Information System or held by the clerk of

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

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including an association.

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     2.  If the state becomes legally responsible for the costs

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

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

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

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into the General Revenue Fund.

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

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otherwise provided for herein....3.50 3.00

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     (14)  For validating certificates, any authorized bonds,

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each....3.50 3.00

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

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     (16)  For exemplified certificates, including signing and

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sealing....7.00 6.00

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     (17)  For authenticated certificates, including signing and

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sealing....7.00 6.00

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

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not otherwise provided for herein (includes writing, preparing,

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signing, and sealing)....7.00 6.00

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

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

473

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

474

search....2.00 1.50

475

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

476

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

477

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

478

proceeds....60.00

479

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

480

first $100 or fraction thereof....10.00

481

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

482

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

483

recording of the marriage license; and providing a certified

484

copy....30.00

485

     (24)  For solemnizing matrimony....30.00

486

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

487

record....42.00 37.50

488

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

489

payments, per payment....3.50 3.00

490

     (b)  For receiving and disbursing all partial payments,

491

other than restitution payments, for which an administrative

492

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

493

per month....5.00

494

     (c)  For setting up a payment plan, a one-time

495

administrative processing charge in lieu of a per month charge

496

under paragraph (b)....25.00

497

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

498

court in any mailing by certified or registered mail shall be

499

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

500

     (28)  For furnishing an electronic copy of information

501

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

502

chapter 119.

503

     Section 7.  Subsection (1) of section 28.2401, Florida

504

Statutes, is amended to read:

505

     28.2401  Service charges in probate matters.--

506

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

507

service charges for the following services, not to exceed the

508

following amounts:

509

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

510

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

511

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

512

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

513

formal administration; and for a foreign guardian to manage

514

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

515

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

516

     (b) Caveat....$40 $35

517

     (c)  Petition and order to admit foreign wills,

518

authenticated copies, exemplified copies, or transcript to

519

record....$115 $100

520

     (d)  For disposition of personal property without

521

administration....$115 $100

522

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

523

more....$225 $200

524

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

525

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

526

     (g)  Formal administration, guardianship, ancillary,

527

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

528

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

529

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

530

$100

531

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

532

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

533

     Section 8.  Subsections (1) and (2) of section 28.241,

534

Florida Statutes, are amended to read:

535

     28.241  Filing fees for trial and appellate proceedings.--

536

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

537

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

538

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

539

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

540

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

541

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

542

the Department of Revenue for deposit into the General Revenue

543

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

544

deposit into the Department of Financial Services' Administrative

545

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

546

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

547

filing fee collected shall be deposited in the state courts'

548

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

549

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

550

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

551

deposit into the Department of Revenue Clerks of the Court Trust

552

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

553

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

554

deposit into the Court Education Trust Fund and shall remit 50

555

cents to the Department of Revenue for deposit into the

556

Department of Financial Services Administrative Trust Fund to

557

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

558

shall be paid by the party seeking each severance that is

559

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

560

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

561

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

562

court in making service by certified or registered mail on

563

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

564

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

565

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

566

except as authorized herein or by general law.

567

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

568

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

569

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

570

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

571

as disposed of is resubmitted to a court and includes petitions

572

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

573

exempt from paying the fee for any of the following:

574

     1.  A writ of garnishment;

575

     2.  A writ of replevin;

576

     3.  A distress writ;

577

     4.  A writ of attachment;

578

     5.  A motion for rehearing filed within 10 days;

579

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

580

entry of a judgment or final order;

581

     7.  A motion for dismissal filed after a mediation agreement

582

has been filed;

583

     8.  A disposition of personal property without

584

administration;

585

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

586

representative;

587

     10.  Any guardianship pleading prior to discharge;

588

     11.  Any mental health pleading;

589

     12.  Motions to withdraw by attorneys;

590

     13.  Motions exclusively for the enforcement of child

591

support orders;

592

     14.  A petition for credit of child support;

593

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

594

a result of an uncontested relocation;

595

     16.  Stipulations;

596

     17.  Responsive pleadings; or

597

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

598

     (c) Any party other than a party described in paragraph (a)

599

who files a pleading in an original civil action in circuit court

600

for affirmative relief by cross-claim, counterclaim, or third-

601

party complaint shall pay the clerk of court a fee of $295. The

602

clerk shall remit the fee to the Department of Revenue for

603

deposit into the General Revenue Fund.

604

     (d) The clerk of court shall collect a service charge of

605

$10 for issuing a summons. The clerk shall assess the fee against

606

the party seeking to have the summons issued.

607

     (2)  Upon the institution of any appellate proceeding from

608

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

609

including appeals filed by a county or municipality as provided

610

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

611

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

612

or parties instituting such appellate proceedings a filing fee

613

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

614

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

615

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

616

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

617

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

618

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

619

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

620

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

621

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

622

remitted to the Department of Revenue for deposit into the Clerks

623

of the Court Trust Fund.

624

     Section 9.  Subsections (2) and (4) of section 28.35,

625

Florida Statutes, are amended to read:

626

     28.35  Florida Clerks of Court Operations Corporation.--

627

     (2)  The duties of the corporation shall include the

628

following:

629

     (a)  Adopting a plan of operation.

630

     (b)  Conducting the election of directors as required in

631

paragraph (1)(a).

632

     (c)  Recommending to the Legislature changes in the various

633

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

634

established by law to ensure reasonable and adequate funding of

635

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

636

functions.

637

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

638

establishing a process for the review and certification of

639

proposed court-related budgets submitted by clerks of the court

640

for completeness and compliance with this section and ss. 28.36

641

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

642

detail to permit independent verification and validation of the

643

budget certification. The contract shall specify the process to

644

be used in determining compliance by the corporation with this

645

section and ss. 28.36 and 28.37.

646

     (e)  Developing and certifying a uniform system of

647

performance measures and applicable performance standards for the

648

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

649

meeting the performance standards. These measures and standards

650

shall be designed to facilitate an objective determination of the

651

performance of each clerk in accordance with minimum standards

652

for fiscal management, operational efficiency, and effective

653

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

654

the corporation finds a clerk has not met the performance

655

standards, the corporation shall identify the nature of each

656

deficiency and any corrective action recommended and taken by the

657

affected clerk of the court.

658

     (f)  Reviewing and certifying proposed budgets submitted by

659

clerks of the court utilizing the process approved by the Chief

660

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

661

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

662

process, the corporation shall:

663

     1.  Calculate the maximum authorized annual budget pursuant

664

to the requirements of s. 28.36.

665

     2.  Identify those proposed budgets exceeding the maximum

666

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

667

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

668

     3.  Identify those proposed budgets containing funding for

669

items not included on the standard list of court-related

670

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

671

(3)(a).

672

     4.  Identify those clerks projected to have court-related

673

revenues insufficient to fund their anticipated court-related

674

expenditures.

675

     (g)  Developing and conducting clerk education programs.

676

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

677

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

678

related functions pursuant to general law.

679

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

680

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

681

be limited to those functions expressly authorized by law or

682

court rule. Those functions must include the following: case

683

maintenance; records management; court preparation and

684

attendance; processing the assignment, reopening, and

685

reassignment of cases; processing of appeals; collection and

686

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

687

processing of bond forfeiture payments; payment of jurors and

688

witnesses; payment of expenses for meals or lodging provided to

689

jurors; data collection and reporting; processing of jurors;

690

determinations of indigent status; and reasonable administrative

691

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

692

court-related functions.

693

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

694

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

695

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

696

     2.  Functions assigned by administrative orders which are

697

not required for the clerk to perform the functions in paragraph

698

(a).

699

     3.  Enhanced levels of service which are not required for

700

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

701

     4.  Functions identified as local requirements in law or

702

local optional programs.

703

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

704

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

705

related functions pursuant to general law.

706

     Section 10.  For the purpose of incorporating the amendment

707

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

708

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

709

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

710

Florida Statutes, are reenacted to read:

711

     28.36  Budget procedure.--There is hereby established a

712

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

713

the court.

714

     (1)  Only those functions on the standard list developed

715

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

716

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

717

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

718

fines in excess of the maximum budget amounts as established in

719

subsection (5).

720

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

721

2004, and for each county fiscal year ending September 30

722

thereafter, each clerk of the court shall prepare a budget

723

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

724

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

725

     (3)  Each proposed budget shall further conform to the

726

following requirements:

727

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

728

the proposed budget shall be prepared, summarized, and submitted

729

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

730

Corporation in the manner and form prescribed by the corporation.

731

The proposed budget must provide detailed information on the

732

anticipated revenues available and expenditures necessary for the

733

performance of the standard list of court-related functions of

734

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

735

county fiscal year beginning the following October 1.

736

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

737

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

738

costs for court-related services are insufficient to meet the

739

anticipated expenditures for the standard list of court-related

740

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

741

clerk must report the revenue deficit to the Clerks of Court

742

Operations Corporation in the manner and form prescribed by the

743

corporation pursuant to contract with the Chief Financial

744

Officer. The corporation shall verify that the proposed budget is

745

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

746

28.35(4)(a).

747

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

748

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

749

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

750

to retain revenues pursuant to this subsection shall increase all

751

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

752

charges to the maximum amounts specified by law or the amount

753

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

754

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

755

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

756

revenue deficit is still projected, the corporation shall,

757

pursuant to the terms of the contract with the Chief Financial

758

Officer, certify a revenue deficit and notify the Department of

759

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

760

amount necessary to fully fund the projected revenue deficit,

761

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

762

Department of Revenue for deposit into the Department of Revenue

763

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

764

deficit is projected for that clerk after retaining all of the

765

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

766

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

767

amount of the revenue deficit amount to the Executive Office of

768

the Governor and request release authority for funds appropriated

769

for this purpose from the Department of Revenue Clerks of the

770

Court Trust Fund. Notwithstanding provisions of s. 216.192

771

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

772

Governor may approve the release of funds appropriated to resolve

773

projected revenue deficits in accordance with the notice, review,

774

and objection procedures set forth in s. 216.177 and shall

775

provide notice to the Chief Financial Officer. The Department of

776

Revenue is directed to request monthly distributions from the

777

Chief Financial Officer in equal amounts to each clerk certified

778

to have a revenue deficit, in accordance with the releases

779

approved by the Governor.

780

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

781

budget proposed by a clerk includes functions not included in the

782

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

783

Chief Financial Officer shall notify the clerk of the amount of

784

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

785

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

786

identify appropriate corrective measures to ensure budget

787

integrity. The clerk shall then immediately discontinue all

788

ineligible expenditures of court-related funds for this purpose

789

and reimburse the Clerks of the Court Trust Fund for any

790

previously ineligible expenditures made for non-court-related

791

functions, and shall implement any corrective actions identified

792

by the Chief Financial Officer.

793

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

794

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

795

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

796

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

797

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

798

not exceed:

799

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

800

expenditures for the prior county fiscal year; or

801

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

802

expenditures for the prior county fiscal year for those clerks in

803

counties that for calendar years 1998-2002 experienced an average

804

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

805

filings for all case types as reported through the Summary

806

Reporting System used by the state courts system.

807

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

808

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

809

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

810

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

811

clerks of the court shall be the approved budget for county

812

fiscal year 2004-2005 adjusted by the projected percentage change

813

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

814

2006.

815

     (c)  For the county fiscal years 2006-2007 and thereafter,

816

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

817

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

818

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

819

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

820

rebasing the prior fiscal year budget to reflect the actual

821

percentage change in the prior fiscal year revenue and then

822

adjusting the rebased prior fiscal year budget by the projected

823

percentage change in revenue for the proposed budget year. The

824

rebasing calculations and maximum annual budget calculations

825

shall be as follows:

826

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

827

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

828

percentage change in revenue between the two 12-month periods

829

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

830

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

831

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

832

adjusted by the projected percentage change in revenue between

833

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

834

shall be the maximum annual budget amount for the standard list

835

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

836

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

837

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

838

clerk for the county fiscal year 2006-2007.

839

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

840

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

841

percentage change in revenue between the two 12-month periods

842

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

843

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

844

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

845

projected percentage change in revenue between the county fiscal

846

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

847

annual budget amount for the standard list of court-related

848

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

849

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

850

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

851

2008.

852

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

853

maximum budget amount for the standard list of court-related

854

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

855

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

856

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

857

rebased budget for the prior county fiscal year adjusted by the

858

projected percentage change in revenues between the prior county

859

fiscal year and the county fiscal year for which the maximum

860

budget amount is being authorized. The rebased budget for the

861

prior county fiscal year shall always be calculated by adjusting

862

the rebased budget for the year preceding the prior county fiscal

863

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

864

month period ending June 30 of the year preceding the prior

865

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

866

prior county fiscal year.

867

     Section 11.  Subsection (1) of section 34.041, Florida

868

Statutes, is amended to read:

869

     34.041  Filing fees.--

870

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

871

proceeding in county court, the party shall pay the following

872

filing fee, not to exceed:

873

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

874

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

875

$500....$75.

876

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

877

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

878

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

879

     5.  In addition, for all proceedings of garnishment,

880

attachment, replevin, and distress....$85 $75.

881

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

882

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

883

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

884

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

885

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

886

of each filing fee collected under subparagraph (a)6., shall be

887

deposited in the state courts' Mediation and Arbitration Trust

888

Fund. One-third of any filing fees collected by the clerk under

889

this section in excess of the first $95 $50 collected under

890

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

891

for deposit into the Department of Revenue Clerks of the Court

892

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

893

clerk. The clerk shall transfer $3.50 to the Department of

894

Revenue for deposit into the Court Education Trust Fund and shall

895

transfer 50 cents to the Department of Revenue for deposit into

896

the Department of Financial Services' Administrative Trust Fund

897

to fund clerk education. Postal charges incurred by the clerk of

898

the county court in making service by mail on defendants or other

899

parties shall be paid by the party at whose instance service is

900

made. Except as provided herein, filing fees and service charges

901

for performing duties of the clerk relating to the county court

902

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

903

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

904

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

905

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

906

chapter 316 or chapter 318.

907

     (c) Any party other than a party described in paragraph (a)

908

who files a pleading in an original civil action in the county

909

court for affirmative relief by cross-claim, counterclaim, or

910

third-party complaint, or who files a notice of cross-appeal or

911

notice of joinder or motion to intervene as an appellant, cross-

912

appellant, or petitioner, shall pay the clerk of court a fee of

913

$295 if the relief sought by the party under this paragraph

914

exceeds $2,500. This fee shall not apply where the cross-claim,

915

counterclaim, or third-party complaint requires transfer of the

916

case from county to circuit court. The clerk shall remit the fee

917

to the Department of Revenue for deposit into the General Revenue

918

Fund.

919

     (d) The clerk of court shall collect a service charge of

920

$10 for issuing a summons. The clerk shall assess the fee against

921

the party seeking to have the summons issued.

922

     Section 12.  Section 35.06, Florida Statutes, is amended to

923

read:

924

     35.06  Organization of district courts of appeal.--A

925

district court of appeal shall be organized in each of the five

926

appellate districts to be named District Court of Appeal, _____

927

District. The number of judges of each district court of appeal

928

shall be as follows:

929

     (1)  In the first district there shall be 15 judges.

930

     (2)  In the second district there shall be 14 judges.

931

     (3) In the third district there shall be 10 11 judges.

932

     (4)  In the fourth district there shall be 12 judges.

933

     (5)  In the fifth district there shall be 10 judges.

934

     Section 13.  Subsection (3) of section 35.22, Florida

935

Statutes, is amended to read:

936

     35.22  Clerk of district court; appointment; compensation;

937

assistants; filing fees; teleconferencing.--

938

     (3)(a) The clerk, upon the filing of a certified copy of a

939

notice of appeal or petition, shall charge and collect a filing

940

fee of $300 for each case docketed, and service charges as

941

provided in s. 28.24 for copying, certifying or furnishing

942

opinions, records, papers or other instruments and for other

943

services. The State of Florida or its agencies, when appearing as

944

appellant or petitioner, is exempt from the filing fee required

945

in this subsection. From each attorney appearance pro hac vice,

946

the clerk shall collect a fee of $100 for deposit as provided in

947

this section.

948

     (b) Upon the filing of a notice of cross-appeal, or a

949

notice of joinder or motion to intervene as an appellant, cross-

950

appellant, or petitioner, the clerk shall charge and collect a

951

filing fee of $295. The clerk shall remit the fee to the

952

Department of Revenue for deposit into the General Revenue Fund.

953

The state and its agencies are exempt from the filing fee

954

required by this paragraph.

955

     Section 14.  Subsections (3), (4), and (5) of section 40.24,

956

Florida Statutes, are amended to read:

957

     40.24  Compensation and reimbursement policy.--

958

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

959

to receive regular wages while serving as a juror are not

960

entitled to receive compensation from the clerk of the circuit

961

court state for the first 3 days of juror service.

962

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

963

continue to receive regular wages while serving as a juror are

964

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

965

service.

966

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

967

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

968

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

969

of service.

970

     (5)  Jurors are not entitled to additional reimbursement by

971

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

972

pocket expenses.

973

     Section 15.  Section 40.26, Florida Statutes, is amended to

974

read:

975

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

976

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

977

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

978

clerk of the circuit court state.

979

     Section 16.  Section 40.29, Florida Statutes, is amended to

980

read:

981

     40.29  Payment of due-process costs.--

982

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

983

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

984

the public defender, and the criminal conflict and civil regional

985

counsel, shall forward to the Justice Administrative Commission,

986

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

987

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

988

civil traffic cases and witnesses of the state attorney, the

989

public defender, criminal conflict and civil regional counsel,

990

private court-appointed counsel, and persons determined to be

991

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

992

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

993

clerk to pay for these ordinary witnesses from state funds

994

specifically appropriated for the payment of ordinary witnesses.

995

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

996

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

997

estimate of funds necessary to pay juror compensation.

998

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

999

the Justice Administrative Commission or Office of State Courts

1000

Administrator, as applicable, shall endorse the amount deemed

1001

necessary for payment by the clerk of the court during the

1002

quarterly fiscal period and shall submit a request for payment to

1003

the Chief Financial Officer.

1004

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

1005

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

1006

and submitted by the state attorney, the public defender,

1007

criminal conflict and civil regional counsel, and private court-

1008

appointed counsel circuit court administrator for the items

1009

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

1010

     (4)  After review for compliance with applicable rates and

1011

requirements, the Justice Administrative Commission shall pay all

1012

due process service related invoices, except those enumerated in

1013

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

1014

the state attorney, the public defender, criminal conflict and

1015

civil regional counsel, or private court-appointed counsel in

1016

accordance with the applicable requirements of ss. 29.005,

1017

29.006, and 29.007.

1018

     Section 17.  Section 40.31, Florida Statutes, is amended to

1019

read:

1020

     40.31 Justice Administrative Commission State Courts

1021

Administrator may apportion appropriation.--If the Justice

1022

Administrative Commission has State Courts Administrator shall

1023

have reason to believe that the amount appropriated by the

1024

Legislature is insufficient to meet the expenses of jurors and

1025

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

1026

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

1027

that purpose among the several counties, basing such

1028

apportionment upon the amount expended for the payment of jurors

1029

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

1030

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

1031

Chief Financial Officer, only the amount so apportioned to each

1032

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

1033

pay in full all the jurors and witnesses during a quarterly

1034

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

1035

received pro rata among the jurors and witnesses entitled to pay

1036

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

1037

amount of compensation still due, which certificate shall be held

1038

by the commission State Courts Administrator as other demands

1039

against the state.

1040

     Section 18.  Section 40.32, Florida Statutes, is amended to

1041

read:

1042

     40.32 Clerks to disburse money; payments to jurors and

1043

witnesses.--

1044

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

1045

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

1046

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

1047

witnesses, except for expert witnesses paid under pursuant to a

1048

contract or other professional services agreement pursuant to ss.

1049

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

1050

for service during the quarterly fiscal period for which the said

1051

moneys were drawn and for no other purposes.

1052

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

1053

meals and lodging for jurors under the provisions of this chapter

1054

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

1055

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

1056

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

1057

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

1058

court either in cash or by warrant within 20 days after

1059

completion of jury service or of completion of service as a

1060

witness.

1061

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

1062

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

1063

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

1064

designated by the clerk.

1065

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

1066

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

1067

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

1068

date of the warrant.

1069

     Section 19.  Section 40.33, Florida Statutes, is amended to

1070

read:

1071

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

1072

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

1073

quarterly fiscal period exceeds the amount of the funds provided

1074

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

1075

or criminal conflict and civil regional counsel, as applicable,

1076

shall make a further request upon the Justice Administrative

1077

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

1078

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

1079

Office of the State Courts Administrator for items enumerated in

1080

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

1081

payment.

1082

     Section 20.  Section 40.34, Florida Statutes, is amended to

1083

read:

1084

     40.34  Clerks to make triplicate payroll.--

1085

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

1086

triplicate for the payment of jurors and witnesses, which payroll

1087

shall contain:

1088

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

1089

with state funds;

1090

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

1091

witnesses are entitled to be paid;

1092

     (c)  The number of miles traveled by each; and

1093

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

1094

entitled to receive.

1095

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

1096

Chief Financial Officer.

1097

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

1098

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

1099

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

1100

payroll as to witnesses appearing before the state attorney,

1101

which payroll shall be approved by the signature of the state

1102

attorney or an assistant state attorney.

1103

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

1104

such payrolls to the Justice Administrative Commission State

1105

Courts Administrator, within 2 weeks after the last day of the

1106

quarterly fiscal period, and the commission State Courts

1107

Administrator shall audit such payrolls.

1108

     Section 21. Section 40.35, Florida Statutes, is repealed.

1109

     Section 22.  Section 40.355, Florida Statutes, is amended to

1110

read:

1111

     40.355 Accounting and payment to public defenders and state

1112

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

1113

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

1114

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

1115

conflict and civil regional counsel in each circuit a full

1116

statement of accounts for state moneys received and disbursed

1117

under this chapter for the payment of witnesses.

1118

     Section 23.  Section 40.361, Florida Statutes, is amended to

1119

read:

1120

     40.361  Applicability of laws regarding state budgeting and

1121

finances.--The requirements contained within chapter 216,

1122

including the provisions of s. 216.192 related to release of

1123

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

1124

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

1125

of this state relating to state budgeting and financing shall

1126

apply to all processes authorized or required under this chapter

1127

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

1128

(b).

1129

     Section 24.  Section 44.108, Florida Statutes, is amended to

1130

read:

1131

     44.108  Funding of mediation and arbitration.--

1132

     (1)  Mediation and arbitration should be accessible to all

1133

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

1134

levied on all proceedings in the circuit or county courts to fund

1135

mediation and arbitration services which are the responsibility

1136

of the Supreme Court pursuant to the provisions of s. 44.106. The

1137

clerk of the court shall forward the moneys collected to the

1138

Department of Revenue for deposit in the state courts' Mediation

1139

and Arbitration Trust Fund.

1140

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

1141

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

1142

otherwise established in the General Appropriations Act, shall be

1143

collected by the clerk of court:

1144

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

1145

scheduled session in family mediation when the parties' combined

1146

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

1147

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

1148

family mediation when the parties' combined income is less than

1149

$50,000; or

1150

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

1151

county court cases.

1152

1153

No mediation fees shall be assessed under this subsection in

1154

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

1155

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

1156

court pursuant to this section shall be remitted to the

1157

Department of Revenue for deposit into the state courts'

1158

Mediation and Arbitration Trust Fund to fund court-ordered

1159

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

1160

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

1161

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

1162

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

1163

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

1164

specifying the amount of funds collected and remitted to the

1165

state courts' Mediation and Arbitration Trust Fund under this

1166

section and any other section during the previous each quarter of

1167

the fiscal year. In addition to identifying the total aggregate

1168

collections and remissions from all statutory sources, the report

1169

must identify collections and remissions by each statutory

1170

source.

1171

     Section 25.  Section 45.035, Florida Statutes, is amended to

1172

read:

1173

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

1174

charges authorized by law, the clerk shall receive service

1175

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

1176

45.031-45.034 and this section:

1177

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

1178

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

1179

which service charge shall be assessed as costs and shall be

1180

advanced by the plaintiff before the sale.

1181

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

1182

clerk may receive the following service charges, which shall be

1183

deducted from the surplus:

1184

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

1185

surplus which may only be used for purposes of educating the

1186

public as to the rights of homeowners regarding foreclosure

1187

proceedings.

1188

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

1189

for notifying a surplus trustee of his or her appointment.

1190

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

1191

for each disbursement of surplus proceeds.

1192

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

1193

for appointing a surplus trustee, furnishing the surplus trustee

1194

with a copy of the final judgment and the certificate of

1195

disbursements, and disbursing to the surplus trustee the

1196

trustee's cost advance.

1197

     Section 26.  Subsection (3) of section 55.505, Florida

1198

Statutes, is amended to read:

1199

     55.505  Notice of recording; prerequisite to enforcement.--

1200

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

1201

foreign judgment recorded hereunder shall issue until 30 days

1202

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

1203

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

1204

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

1205

of the effect of this section.

1206

     Section 27.  Subsection (1) of section 57.082, Florida

1207

Statutes, is amended to read:

1208

     57.082  Determination of civil indigent status.--

1209

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

1210

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

1211

counsel, or seeking relief from prepayment of fees and costs

1212

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

1213

clerk of the court for a determination of civil indigent status

1214

using an application form developed by the Florida Clerks of

1215

Court Operations Corporation with final approval by the Supreme

1216

Court.

1217

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

1218

following financial information:

1219

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

1220

deductions required by law, including court-ordered support

1221

payments.

1222

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

1223

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

1224

compensation, other regular support from absent family members,

1225

public or private employee pensions, unemployment compensation,

1226

dividends, interest, rent, trusts, and gifts.

1227

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

1228

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

1229

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

1230

in other tangible property.

1231

     4.  All liabilities and debts.

1232

1233

The application must include a signature by the applicant which

1234

attests to the truthfulness of the information provided. The

1235

application form developed by the corporation must include notice

1236

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

1237

determination that the applicant is not indigent, as provided in

1238

this section.

1239

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

1240

clerk and requests assistance in completing the application, and

1241

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

1242

complete the application after the clerk has provided assistance.

1243

     (c)  The clerk shall accept an application that is signed by

1244

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

1245

attorney who is representing the applicant in the applicable

1246

matter.

1247

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

1248

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

1249

indigent person is eligible for court-appointed representation,

1250

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

1251

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

1252

submitting the application. The clerk shall transfer monthly all

1253

application fees collected under this paragraph to the Department

1254

of Revenue for deposit into the Indigent Civil Defense Trust

1255

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

1256

may retain 10 percent of application fees collected monthly for

1257

administrative costs prior to remitting the remainder to the

1258

Department of Revenue. A person found to be indigent may not be

1259

refused counsel. If the person cannot pay the application fee,

1260

the clerk shall enroll the person in a payment plan pursuant to

1261

s. 28.246.

1262

     Section 28.  Subsection (6) of section 61.14, Florida

1263

Statutes, is amended to read:

1264

     61.14  Enforcement and modification of support, maintenance,

1265

or alimony agreements or orders.--

1266

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

1267

depository or through the State Disbursement Unit, any payment or

1268

installment of support which becomes due and is unpaid under any

1269

support order is delinquent; and this unpaid payment or

1270

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

1271

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

1272

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

1273

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

1274

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

1275

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

1276

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

1277

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

1278

amount of support payments due the obligee under the judgment has

1279

been paid.

1280

     2.  A certified statement by the local depository evidencing

1281

a delinquency in support payments constitute evidence of the

1282

final judgment under this paragraph.

1283

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

1284

to any unpaid payment or installment of support which has accrued

1285

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

1286

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

1287

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

1288

any unpaid payment or installment of support which accrues after

1289

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

1290

support order. This subparagraph does not prohibit the court from

1291

providing relief from the judgment pursuant to Rule 1.540,

1292

Florida Rules of Civil Procedure.

1293

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

1294

payment or installment of support and the amount of the

1295

delinquency is greater than the periodic payment amount ordered

1296

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

1297

obligor informing him or her of:

1298

     a.  The delinquency and its amount.

1299

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

1300

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

1301

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

1302

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

1303

of the delinquency.

1304

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

1305

and the ground upon which such contest can be made.

1306

     d.  The local depository's authority to release information

1307

regarding the delinquency to one or more credit reporting

1308

agencies.

1309

     2.  The local depository shall serve the notice by mailing

1310

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

1311

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

1312

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

1313

publication as provided in chapter 49.

1314

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

1315

complete on the date of mailing.

1316

     (c)  Within 15 days after service of the notice is complete,

1317

the obligor may file with the court that issued the support

1318

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

1319

depository which served the notice is located, a motion to

1320

contest the impending judgment. An obligor may contest the

1321

impending judgment only on the ground of a mistake of fact

1322

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

1323

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

1324

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

1325

the impending judgment within 15 days after the date of the

1326

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

1327

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

1328

thereafter become due, together with costs and a service charge

1329

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

1330

against the obligor. The depository shall charge interest at the

1331

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

1332

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

1333

impending judgment within the time limit prescribed in paragraph

1334

(c) and fails to pay the amount of the delinquency and all other

1335

amounts which thereafter become due, together with costs and a

1336

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

1337

judgment by operation of law against the obligor at the

1338

expiration of the time for filing a motion to contest the

1339

impending judgment.

1340

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

1341

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

1342

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

1343

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

1344

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

1345

of satisfaction of the judgment is provided.

1346

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

1347

account is current, the depository shall record a satisfaction of

1348

the judgment upon request of any interested person and upon

1349

receipt of the appropriate recording fee. Any person shall be

1350

entitled to rely upon the recording of the satisfaction.

1351

     3.  The local depository, at the direction of the

1352

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

1353

release the judgment as to specific real property, and the

1354

depository shall record a partial release upon receipt of the

1355

appropriate recording fee.

1356

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

1357

recordkeeping, except when an error is a result of unlawful

1358

activity or gross negligence by the clerk or his or her

1359

employees.

1360

     (g)  The local depository shall send the department monthly

1361

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

1362

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

1363

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

1364

the depository shall provide the names of the obligor and

1365

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

1366

available, and depository number.

1367

     Section 29.  Subsections (2) and (4) of section 316.193,

1368

Florida Statutes, are amended to read:

1369

     316.193  Driving under the influence; penalties.--

1370

     (2)(a)  Except as provided in paragraph (b), subsection (3),

1371

or subsection (4), any person who is convicted of a violation of

1372

subsection (1) shall be punished:

1373

     1.  By a fine of:

1374

     a. Not less than $500 $250 or more than $1,000 $500 for a

1375

first conviction.

1376

     b. Not less than $1,000 $500 or more than $2,000 $1,000 for

1377

a second conviction; and

1378

     2.  By imprisonment for:

1379

     a.  Not more than 6 months for a first conviction.

1380

     b.  Not more than 9 months for a second conviction.

1381

     3.  For a second conviction, by mandatory placement for a

1382

period of at least 1 year, at the convicted person's sole

1383

expense, of an ignition interlock device approved by the

1384

department in accordance with s. 316.1938 upon all vehicles that

1385

are individually or jointly leased or owned and routinely

1386

operated by the convicted person, when the convicted person

1387

qualifies for a permanent or restricted license. The installation

1388

of such device may not occur before July 1, 2003.

1389

     (b)1.  Any person who is convicted of a third violation of

1390

this section for an offense that occurs within 10 years after a

1391

prior conviction for a violation of this section commits a felony

1392

of the third degree, punishable as provided in s. 775.082, s.

1393

775.083, or s. 775.084. In addition, the court shall order the

1394

mandatory placement for a period of not less than 2 years, at the

1395

convicted person's sole expense, of an ignition interlock device

1396

approved by the department in accordance with s. 316.1938 upon

1397

all vehicles that are individually or jointly leased or owned and

1398

routinely operated by the convicted person, when the convicted

1399

person qualifies for a permanent or restricted license. The

1400

installation of such device may not occur before July 1, 2003.

1401

     2.  Any person who is convicted of a third violation of this

1402

section for an offense that occurs more than 10 years after the

1403

date of a prior conviction for a violation of this section shall

1404

be punished by a fine of not less than $2,000 $1,000 or more than

1405

$5,000 $2,500 and by imprisonment for not more than 12 months. In

1406

addition, the court shall order the mandatory placement for a

1407

period of at least 2 years, at the convicted person's sole

1408

expense, of an ignition interlock device approved by the

1409

department in accordance with s. 316.1938 upon all vehicles that

1410

are individually or jointly leased or owned and routinely

1411

operated by the convicted person, when the convicted person

1412

qualifies for a permanent or restricted license. The installation

1413

of such device may not occur before July 1, 2003.

1414

     3.  Any person who is convicted of a fourth or subsequent

1415

violation of this section, regardless of when any prior

1416

conviction for a violation of this section occurred, commits a

1417

felony of the third degree, punishable as provided in s. 775.082,

1418

s. 775.083, or s. 775.084. However, the fine imposed for such

1419

fourth or subsequent violation may be not less than $2,000

1420

$1,000.

1421

     (4)  Any person who is convicted of a violation of

1422

subsection (1) and who has a blood-alcohol level or breath-

1423

alcohol level of 0.20 or higher, or any person who is convicted

1424

of a violation of subsection (1) and who at the time of the

1425

offense was accompanied in the vehicle by a person under the age

1426

of 18 years, shall be punished:

1427

     (a)  By a fine of:

1428

     1. Not less than $1,000 $500 or more than $2,000 $1,000 for

1429

a first conviction.

1430

     2. Not less than $2,000 $1,000 or more than $4,000 $2,000

1431

for a second conviction.

1432

     3. Not less than $4,000 $2,000 for a third or subsequent

1433

conviction.

1434

     (b)  By imprisonment for:

1435

     1.  Not more than 9 months for a first conviction.

1436

     2.  Not more than 12 months for a second conviction.

1437

1438

For the purposes of this subsection, only the instant offense is

1439

required to be a violation of subsection (1) by a person who has

1440

a blood-alcohol level or breath-alcohol level of 0.20 or higher.

1441

     (c)  In addition to the penalties in paragraphs (a) and (b),

1442

the court shall order the mandatory placement, at the convicted

1443

person's sole expense, of an ignition interlock device approved

1444

by the department in accordance with s. 316.1938 upon all

1445

vehicles that are individually or jointly leased or owned and

1446

routinely operated by the convicted person for up to 6 months for

1447

the first offense and for at least 2 years for a second offense,

1448

when the convicted person qualifies for a permanent or restricted

1449

license. The installation of such device may not occur before

1450

July 1, 2003.

1451

     Section 30.  Section 318.121, Florida Statutes, is amended

1452

to read:

1453

     318.121  Preemption of additional fees, fines, surcharges,

1454

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

1455

municipal or county ordinance, additional fees, fines,

1456

surcharges, or costs other than the court costs and surcharges

1457

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

1458

to the civil traffic penalties assessed in this chapter.

1459

     Section 31.  Subsection (10) of section 318.14, Florida

1460

Statutes, is amended to read:

1461

     318.14  Noncriminal traffic infractions; exception;

1462

procedures.--

1463

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

1464

license and who is cited for an offense listed under this

1465

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

1466

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

1467

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

1468

traffic violations bureau. In such case, adjudication shall be

1469

withheld; however, no election shall be made under this

1470

subsection if such person has made an election under this

1471

subsection in the 12 months preceding election hereunder. No

1472

person may make more than three elections under this subsection.

1473

This subsection applies to the following offenses:

1474

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

1475

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

1476

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

1477

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

1478

civil penalty, or failure to attend a driver improvement course

1479

pursuant to s. 322.291.

1480

     2.  Operating a motor vehicle without a valid registration

1481

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

1482

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

1483

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

1484

subsection shall present proof of compliance prior to the

1485

scheduled court appearance date. For the purposes of this

1486

subsection, proof of compliance shall consist of a valid,

1487

renewed, or reinstated driver's license or registration

1488

certificate and proper proof of maintenance of security as

1489

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

1490

person establishing proof of compliance shall be assessed court

1491

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

1492

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

1493

dollar of such costs shall be remitted to the Department of

1494

Revenue for deposit into the Child Welfare Training Trust Fund of

1495

the Department of Children and Family Services. One dollar of

1496

such costs shall be distributed to the Department of Juvenile

1497

Justice for deposit into the Juvenile Justice Training Trust

1498

Fund. Fourteen Twelve dollars of such costs shall be distributed

1499

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

1500

the court into the fine and forfeiture fund established pursuant

1501

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

1502

municipality. If the offense was committed in an unincorporated

1503

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

1504

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

1505

of the court into the fine and forfeiture fund established

1506

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

1507

the Child Welfare Training Trust Fund and the Juvenile Justice

1508

Training Trust Fund. This subsection shall not be construed to

1509

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

1510

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

1511

the maintenance of required security.

1512

     Section 32.  Subsection (1) of section 318.15, Florida

1513

Statutes, is amended to read:

1514

     318.15  Failure to comply with civil penalty or to appear;

1515

penalty.--

1516

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

1517

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

1518

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

1519

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

1520

notify the Division of Driver Licenses of the Department of

1521

Highway Safety and Motor Vehicles of such failure within 10 days

1522

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

1523

shall immediately issue an order suspending the driver's license

1524

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

1525

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

1526

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

1527

privilege which has not been reinstated, including a similar

1528

suspension imposed outside Florida, shall remain on the records

1529

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

1530

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

1531

years from the date it is imposed.

1532

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

1533

improvement school and has paid the civil penalty as provided in

1534

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

1535

improvement school within the time specified by the court shall

1536

be deemed to have admitted the infraction and shall be

1537

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

1538

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

1539

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

1540

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

1541

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

1542

the person's failure to attend driver improvement school and

1543

points shall be assessed pursuant to s. 322.27.

1544

     Section 33.  Subsection (2) and paragraph (a) of subsection

1545

(11) of section 318.18, Florida Statutes, are amended, and

1546

subsection (18) is added to that section, to read:

1547

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

1548

noncriminal disposition pursuant to s. 318.14 or a criminal

1549

offense listed in s. 318.17 are as follows:

1550

     (2)  Thirty dollars for all nonmoving traffic violations

1551

and:

1552

     (a)  For all violations of s. 322.19.

1553

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

1554

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

1555

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

1556

320.07(4).

1557

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

1558

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

1559

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

1560

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

1561

it impossible or impractical to obtain a valid registration

1562

certificate must submit an affidavit detailing the reasons for

1563

the impossibility or impracticality. The reasons may include, but

1564

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

1565

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

1566

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

1567

is owned by another person.

1568

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

1569

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

1570

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

1571

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

1572

to $10 $7.50.

1573

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

1574

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

1575

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

1576

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

1577

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

1578

obtain proof of security must submit an affidavit detailing the

1579

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

1580

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

1581

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

1582

is not required by s. 627.733 to maintain personal injury

1583

protection insurance; or that the vehicle is owned by another

1584

person.

1585

     (c)  For all violations of ss. 316.2935 and 316.610.

1586

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

1587

person committing the violation corrects the defect and obtains

1588

proof of such timely repair by an affidavit of compliance

1589

executed by the law enforcement agency within 30 days from the

1590

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

1591

the law enforcement agency, thereby completing the affidavit of

1592

compliance, then upon presentation of said affidavit by the

1593

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

1594

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

1595

the clerk of the court shall retain.

1596

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

1597

otherwise specified.

1598

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

1599

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

1600

into the fine and forfeiture fund established pursuant to s.

1601

142.01:

1602

1603

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

1604

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

1605

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

1606

     (18) In addition to any penalties imposed, an

1607

administrative fee of $12.50 must be paid for all noncriminal

1608

moving and nonmoving traffic violations under chapter 316.

1609

Revenue from the administrative fee shall be deposited by the

1610

clerk of court into the fine and forfeiture fund established

1611

pursuant to s. 142.01.

1612

     Section 34.  Subsections (1) and (2) of section 322.245,

1613

Florida Statutes, are amended to read:

1614

     322.245  Suspension of license upon failure of person

1615

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

1616

this chapter to comply with directives ordered by traffic court

1617

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

1618

provided in chapter 61 or failure to pay any financial obligation

1619

in any other criminal case.--

1620

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

1621

criminal offenses enumerated in s. 318.17 or with the commission

1622

of any offense constituting a misdemeanor under chapter 320 or

1623

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

1624

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

1625

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

1626

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

1627

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

1628

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

1629

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

1630

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

1631

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

1632

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

1633

defray the operating costs of the office.

1634

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

1635

support under chapter 61 and the obligee so requests, the

1636

depository or the clerk of the court shall mail in accordance

1637

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

1638

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

1639

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

1640

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

1641

motor vehicle registration will be suspended. The delinquency fee

1642

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

1643

defray the operating costs of the office.

1644

     Section 35.  Subsections (2) and (4) of section 327.35,

1645

Florida Statutes, are amended to read:

1646

     327.35  Boating under the influence; penalties; "designated

1647

drivers".--

1648

     (2)(a)  Except as provided in paragraph (b), subsection (3),

1649

or subsection (4), any person who is convicted of a violation of

1650

subsection (1) shall be punished:

1651

     1.  By a fine of:

1652

     a. Not less than $500 $250 or more than $1,000 $500 for a

1653

first conviction.

1654

     b. Not less than $1,000 $500 or more than $2,000 $1,000 for

1655

a second conviction; and

1656

     2.  By imprisonment for:

1657

     a.  Not more than 6 months for a first conviction.

1658

     b.  Not more than 9 months for a second conviction.

1659

     (b)1.  Any person who is convicted of a third violation of

1660

this section for an offense that occurs within 10 years after a

1661

prior conviction for a violation of this section commits a felony

1662

of the third degree, punishable as provided in s. 775.082, s.

1663

775.083, or s. 775.084.

1664

     2.  Any person who is convicted of a third violation of this

1665

section for an offense that occurs more than 10 years after the

1666

date of a prior conviction for a violation of this section shall

1667

be punished by a fine of not less than $2,000 $1,000 or more than

1668

$5,000 $2,500 and by imprisonment for not more than 12 months.

1669

     3.  Any person who is convicted of a fourth or subsequent

1670

violation of this section, regardless of when any prior

1671

conviction for a violation of this section occurred, commits a

1672

felony of the third degree, punishable as provided in s. 775.082,

1673

s. 775.083, or s. 775.084.

1674

1675

However, the fine imposed for such fourth or subsequent violation

1676

may not be less than $2,000 $1,000.

1677

     (4)  Any person who is convicted of a violation of

1678

subsection (1) and who has a blood-alcohol level or breath-

1679

alcohol level of 0.20 or higher, or any person who is convicted

1680

of a violation of subsection (1) and who at the time of the

1681

offense was accompanied in the vessel by a person under the age

1682

of 18 years, shall be punished:

1683

     (a)  By a fine of:

1684

     1. Not less than $1,000 $500 or more than $2,000 $1,000 for

1685

a first conviction.

1686

     2. Not less than $2,000 $1,000 or more than $4,000 $2,000

1687

for a second conviction.

1688

     3. Not less than $4,000 $2,000 for a third or subsequent

1689

conviction.

1690

     (b)  By imprisonment for:

1691

     1.  Not more than 9 months for a first conviction.

1692

     2.  Not more than 12 months for a second conviction.

1693

1694

For the purposes of this subsection, only the instant offense is

1695

required to be a violation of subsection (1) by a person who has

1696

a blood-alcohol level or breath-alcohol level of 0.20 or higher.

1697

     Section 36.  Subsection (4), paragraph (a) of subsection

1698

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

1699

amended to read:

1700

     327.73  Noncriminal infractions.--

1701

     (4)  Any person charged with a noncriminal infraction under

1702

this section may:

1703

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

1704

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

1705

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

1706

appearing at the designated time and location.

1707

1708

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

1709

she shall be deemed to have admitted the noncriminal infraction

1710

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

1711

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

1712

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

1713

violation of s. 327.395 can show a boating safety identification

1714

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

1715

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

1716

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

1717

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

1718

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

1719

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

1720

dismissal fee.

1721

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

1722

requirements or who fails to pay the civil penalties specified in

1723

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

1724

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

1725

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

1726

tracking unpaid uniform boating citations.

1727

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

1728

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

1729

not less than the following:

1730

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

1731

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

1732

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

1733

$10.

1734

1735

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

1736

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

1737

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

1738

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

1739

municipality or county.

1740

1741

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

1742

A criminal justice selection center or both local criminal

1743

justice access and assessment centers may be funded from these

1744

court costs.

1745

     Section 37.  Paragraph (i) of subsection (1) of section

1746

372.83, Florida Statutes, is amended to read:

1747

     372.83  Penalties and violations; civil penalties for

1748

noncriminal infractions; criminal penalties; suspension and

1749

forfeiture of licenses and permits.--

1750

     (1)

1751

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

1752

372.57 relating to personal possession of a license or permit may

1753

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

1754

hearing, the person produces the required license or permit for

1755

verification by the hearing officer or the court clerk. The

1756

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

1757

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

1758

costs under this paragraph.

1759

     Section 38.  Subsection (1) of section 713.24, Florida

1760

Statutes, is amended to read:

1761

     713.24  Transfer of liens to security.--

1762

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

1763

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

1764

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

1765

from such real property to other security by either:

1766

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

1767

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

1768

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

1769

1770

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

1771

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

1772

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

1773

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

1774

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

1775

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

1776

pay any judgment or decree which may be rendered for the

1777

satisfaction of the lien for which such claim of lien was

1778

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

1779

shall make and record a certificate showing the transfer of the

1780

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

1781

thereof by registered or certified mail to the lienor named in

1782

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

1783

Upon filing the certificate of transfer, the real property shall

1784

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

1785

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

1786

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

1787

order of the court increasing the amount required for the lien

1788

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

1789

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

1790

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

1791

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

1792

involves the transfer of multiple liens, an additional charge of

1793

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

1794

recording the certificate and approving the bond, the clerk shall

1795

receive her or his usual statutory service charges as prescribed

1796

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

1797

security.

1798

     Section 39.  Subsection (3) of section 721.83, Florida

1799

Statutes, is amended to read:

1800

     721.83  Consolidation of foreclosure actions.--

1801

     (3)  A consolidated timeshare foreclosure action shall be

1802

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

1803

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

1804

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

1805

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

1806

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

1807

     Section 40.  Subsection (6) of section 744.365, Florida

1808

Statutes, is amended to read:

1809

     744.365  Verified inventory.--

1810

     (6)  AUDIT FEE.--

1811

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

1812

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

1813

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

1814

verified inventory, for the auditing of the inventory. Upon

1815

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

1816

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

1817

guardian unable to pay the auditing fee may petition the court

1818

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

1819

reviewed the documentation filed by the guardian in support of

1820

the waiver.

1821

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

1822

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

1823

     Section 41.  Subsection (4) of section 744.3678, Florida

1824

Statutes, is amended to read:

1825

     744.3678  Annual accounting.--

1826

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

1827

clerk of the circuit court a fee based upon the following

1828

graduated fee schedule, upon the filing of the annual financial

1829

return, for the auditing of the return:

1830

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

1831

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

1832

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

1833

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

1834

to $85 $75.

1835

     (c)  For estates with a value of more than $100,000 up to

1836

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

1837

up to $170 $150.

1838

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

1839

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

1840

1841

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

1842

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

1843

Any guardian unable to pay the auditing fee may petition the

1844

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

1845

it has reviewed the documentation filed by the guardian in

1846

support of the waiver.

1847

     Section 42.  Subsection (2) of section 766.104, Florida

1848

Statutes, is amended to read:

1849

     766.104  Pleading in medical negligence cases; claim for

1850

punitive damages; authorization for release of records for

1851

investigation.--

1852

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

1853

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

1854

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

1855

of limitations shall be granted to allow the reasonable

1856

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

1857

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

1858

the extension to be effective. The provisions of this subsection

1859

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

1860

statute of limitations has run.

1861

     Section 43.  Subsection (1) of section 938.05, Florida

1862

Statutes, is amended to read:

1863

     938.05  Additional court costs for felonies, misdemeanors,

1864

and criminal traffic offenses.--

1865

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

1866

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

1867

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

1868

felony, misdemeanor, or criminal traffic offense under the laws

1869

of this state or the violation of any municipal or county

1870

ordinance which adopts by reference any misdemeanor under state

1871

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

1872

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

1873

following schedule:

1874

     (a) Felonies....$225 $200

1875

     (b) Misdemeanors....$60 $50

1876

     (c) Criminal traffic offenses....$60 $50

1877

     Section 44.  Subsections (1), (2), and (8) of section

1878

938.27, Florida Statutes, are amended to read:

1879

     938.27  Judgment for costs on conviction.--

1880

     (1) In all criminal and violation-of-probation or

1881

community-control cases, convicted persons are liable for payment

1882

of the documented costs of prosecution, including investigative

1883

costs incurred by law enforcement agencies, by fire departments

1884

for arson investigations, and by investigations of the Department

1885

of Financial Services or the Office of Financial Regulation of

1886

the Financial Services Commission, if requested by such agencies.

1887

The court shall include these costs in every shall be included

1888

and entered in the judgment rendered against the convicted

1889

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

1890

determination of guilt, or of violation of probation or community

1891

control, which is a result of a plea, trial, or violation

1892

proceeding, regardless of whether adjudication is withheld.

1893

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

1894

investigation notwithstanding the defendant's present ability to

1895

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

1896

within a specified period or in specified installments.

1897

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

1898

shall not be later than:

1899

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

1900

if probation or community control is ordered;

1901

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

1902

imposed, if the court does not order probation or community

1903

control; or

1904

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

1905

case.

1906

1907

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

1908

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

1909

this paragraph.

1910

     (c)  If not otherwise provided by the court under this

1911

section, costs shall be paid immediately.

1912

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

1913

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

1914

traffic offense is charged and no less than $100 per case when a

1915

felony offense is charged, including a proceeding in which the

1916

underlying offense is a violation of probation or community

1917

control. The court may set a higher amount upon a showing of

1918

sufficient proof of higher costs incurred. Costs recovered on

1919

behalf of that are collected by the state attorney under this

1920

section shall be deposited into the state attorney's grants and

1921

donations trust fund to be used during the fiscal year in which

1922

the funds are collected, or in any subsequent fiscal year, for

1923

actual expenses incurred in investigating and prosecuting

1924

criminal cases, which may include the salaries of permanent

1925

employees, or for any other purpose authorized by the

1926

Legislature.

1927

     Section 45.  Subsection (1) of section 938.29, Florida

1928

Statutes, is amended to read:

1929

     938.29  Legal assistance; lien for payment of attorney's

1930

fees or costs.--

1931

     (1)(a) A defendant who is convicted determined to be guilty

1932

of a criminal act or a violation-of-probation or community-

1933

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

1934

contendere and who has received the assistance of the public

1935

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

1936

office of criminal conflict and civil regional counsel, or a

1937

private conflict attorney, or who has received due process

1938

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

1939

shall be liable for payment of the assessed application fee under

1940

s. 27.52 and attorney's fees and costs. Attorney's fees and costs

1941

shall be set in all cases at no less than $50 per case when a

1942

misdemeanor or criminal traffic offense is charged and no less

1943

than $100 per case when a felony offense is charged, including a

1944

proceeding in which the underlying offense is a violation of

1945

probation or community control. The court may set a higher amount

1946

upon a showing of sufficient proof of higher fees or costs

1947

incurred. For purposes of this section, "convicted" means a

1948

determination of guilt, or of violation of probation or community

1949

control, which is a result of a plea, trial, or violation

1950

proceeding, regardless of whether adjudication is withheld. The

1951

court shall include these fees and costs in every judgment

1952

rendered against the convicted person determine the amount of the

1953

obligation. Such costs shall include, but not be limited to, the

1954

cost of depositions; cost of transcripts of depositions,

1955

including the cost of defendant's copy, which transcripts are

1956

certified by the defendant's attorney as having served a useful

1957

purpose in the disposition of the case; investigative costs;

1958

witness fees; the cost of psychiatric examinations; or other

1959

reasonable costs specially incurred by the state and the clerk of

1960

court for the defense of the defendant in criminal prosecutions.

1961

Costs shall not include expenses inherent in providing a

1962

constitutionally guaranteed jury trial or expenditures in

1963

connection with the maintenance and operation of government

1964

agencies that must be made by the public irrespective of specific

1965

violations of law. Any costs assessed pursuant to this paragraph

1966

shall be reduced by any amount assessed against a defendant

1967

pursuant to s. 938.05.

1968

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

1969

shall be liable to pay the attorney's fees and costs in full

1970

after the judgment of conviction becomes final. The court shall

1971

impose the attorney's fees and costs notwithstanding the

1972

defendant's present ability to pay.

1973

     (c)  The defendant shall pay the application fee under s.

1974

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

1975

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

1976

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

1977

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

1978

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

1979

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

1980

transferred monthly by the clerk to the Department of Revenue for

1981

deposit into the Indigent Criminal Defense Trust Fund. All funds

1982

remaining attorney's fees and costs collected under this section

1983

shall be distributed as provided in s. 27.562 deposited into the

1984

General Revenue Fund.

1985

     Section 46.  Section 984.08, Florida Statutes, is amended to

1986

read:

1987

     984.08  Attorney's fees.--

1988

     (1) The court may appoint an attorney to represent a parent

1989

or legal guardian under this chapter only upon a finding that the

1990

parent or legal guardian is indigent pursuant to s. 57.082. If an

1991

attorney is appointed, the parent or legal guardian shall be

1992

enrolled in a payment plan pursuant to s. 28.246.

1993

     (a) The finding of indigence of any parent or legal

1994

guardian may be made by the court at any stage of the

1995

proceedings. Any parent or legal guardian claiming indigence

1996

shall file with the court an affidavit containing the factual

1997

information required in paragraphs (c) and (d).

1998

     (b) A parent or legal guardian who is unable to pay for the

1999

services of an attorney without substantial hardship to self or

2000

family is indigent for the purposes of this chapter.

2001

     (c) Before finding that a parent or legal guardian is

2002

indigent, the court shall determine whether any of the following

2003

facts exist, and the existence of any such fact creates a

2004

presumption that the parent or legal guardian is not indigent:

2005

     1. The parent or legal guardian has no dependents and has a

2006

gross income exceeding $250 per week; or, the parent or legal

2007

guardian has dependents and has a gross income exceeding $250 per

2008

week plus $100 per week for each dependent.

2009

     2. The parent or legal guardian owns cash in excess of

2010

$1,000.

2011

     3. The parent or legal guardian has an interest exceeding

2012

$1,000 in value in a single motor vehicle as defined in s.

2013

320.01.

2014

     (d) The court shall also consider the following

2015

circumstances before finding that a parent or legal guardian is

2016

indigent:

2017

     1. The probable expense of being represented in the case.

2018

     2. The parent's or legal guardian's ownership of, or equity

2019

in, any intangible or tangible personal property or real property

2020

or expectancy of an interest in any such property.

2021

     3. The amount of debts the parent or legal guardian owes or

2022

might incur because of illness or other misfortunes within the

2023

family.

2024

     (2) If, after the appointment of counsel for an indigent

2025

parent or legal guardian, it is determined that the parent or

2026

legal guardian is not indigent, the court has continuing

2027

jurisdiction to assess attorney's fees and costs against the

2028

parent or legal guardian, and order the payment thereof. When

2029

payment of attorney's fees or costs has been assessed and ordered

2030

by the court, there is hereby created a lien in the name of the

2031

county in which the legal assistance was rendered, enforceable as

2032

provided in subsection (3), upon all the property, both real and

2033

personal, of the parent or legal guardian who received the court-

2034

ordered appointed counsel under this chapter. The lien

2035

constitutes a claim against the parent or legal guardian and the

2036

parent's or legal guardian's estate in an amount to be determined

2037

by the court in which the legal assistance was rendered.

2038

     (3)(a) The lien created for court-ordered payment of

2039

attorney's fees or costs under subsection (2) is enforceable upon

2040

all the property, both real and personal, of the parent or legal

2041

guardian who is being, or has been, represented by legal counsel

2042

appointed by the court in proceedings under this chapter. The

2043

lien constitutes a claim against the person and the estate of the

2044

parent or legal guardian, enforceable according to law, in an

2045

amount to be determined by the court in which the legal

2046

assistance was rendered.

2047

     (b) Immediately after the issuance of an order for the

2048

payment of attorney's fees or costs, a judgment showing the name,

2049

the residential address, the date of birth, and either a physical

2050

description or the social security number of the parent or legal

2051

guardian must be filed for record in the office of the clerk of

2052

the circuit court in the county where the parent or legal

2053

guardian resides and in each county in which the parent or legal

2054

guardian then owns or later acquires any property. The judgment

2055

is enforceable on behalf of the county by the board of county

2056

commissioners of the county in which the legal assistance was

2057

rendered.

2058

     (c) Instead of the procedure described in paragraphs (a)

2059

and (b), the court is authorized to require that the parent or

2060

legal guardian who has been represented by legal counsel

2061

appointed by the court in proceedings under this chapter execute

2062

a lien upon his or her real or personal property, presently owned

2063

or after-acquired, as security for the debt created by the

2064

court's order requiring payment of attorney's fees or costs. The

2065

lien must be recorded in the public records of the county at no

2066

charge by the clerk of the circuit court and is enforceable in

2067

the same manner as a mortgage.

2068

     (d) The board of county commissioners of the county where

2069

the parent received the services of an appointed private legal

2070

counsel is authorized to enforce, satisfy, compromise, settle,

2071

subordinate, release, or otherwise dispose of any debt or lien

2072

imposed under this section. A parent, who has been ordered to pay

2073

attorney's fees or costs and who is not in willful default in the

2074

payment thereof, may, at any time, petition the court which

2075

entered the order for remission of the payment of attorney's fees

2076

or costs or of any unpaid portion thereof. If the court

2077

determines that payment of the amount due will impose manifest

2078

hardship on the parent or immediate family, the court may remit

2079

all or part of the amount due in attorney's fees or costs or may

2080

modify the method of payment.

2081

     (e) The board of county commissioners of the county

2082

claiming the lien is authorized to contract with a collection

2083

agency for collection of such debts or liens, provided the fee

2084

for collection is on a contingent basis not to exceed 50 percent

2085

of the recovery. However, no fee may be paid to any collection

2086

agency by reason of foreclosure proceedings against real property

2087

or from the proceeds from the sale or other disposition of real

2088

property.

2089

     Section 47. Notwithstanding s. 28.36, Florida Statutes, the

2090

Florida Clerks of Court Operations Corporation may not approve

2091

increases to the clerks' budgets based on increased revenue

2092

generated under this act. The corporation may increase the

2093

clerks' budgets in the aggregate by $1,188,184 for the period

2094

from July 1, 2008, through September 30, 2008, and $3,564,551 for

2095

the period from October 1, 2008, through June 30, 2009, for the

2096

increased duties related to paying jurors and juror meals and

2097

lodging expenses as provided in this act. These budget increases

2098

shall be considered as part of the recurring base budget of the

2099

clerks for future budgets approved pursuant to s. 28.36, Florida

2100

Statutes.

2101

     Section 48.  This act shall take effect July 1, 2008.

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