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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Section 4. Paragraphs (b) and (c) of subsection (1) of
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section 27.52, Florida Statutes, are amended to read:
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27.52 Determination of indigent status.--
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(1) APPLICATION TO THE CLERK.--A person seeking appointment
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of a public defender under s. 27.51 based upon an inability to
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pay must apply to the clerk of the court for a determination of
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indigent status using an application form developed by the
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Florida Clerks of Court Operations Corporation with final
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approval by the Supreme Court.
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(b) An applicant shall pay a $50 $40 application fee to the
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clerk for each application for court-appointed counsel filed. The
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applicant shall pay the fee within 7 days after submitting the
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application. If the applicant does not pay the fee prior to the
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disposition of the case, the clerk shall notify the court, and
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the court shall:
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1. Assess the application fee as part of the sentence or as
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a condition of probation; or
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2. Assess the application fee pursuant to s. 938.29.
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(c) Notwithstanding any provision of law, court rule, or
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administrative order, the clerk shall assign the first $50 $40 of
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any fees or costs paid by an indigent person as payment of the
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application fee. A person found to be indigent may not be refused
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counsel or other required due process services for failure to pay
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the fee.
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Section 5. Section 27.562, Florida Statutes, is amended to
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read:
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27.562 Disposition of funds.--The first $50 $40 of all
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funds collected pursuant to s. 938.29 shall be deposited into the
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Indigent Criminal Defense Trust Fund pursuant to s. 27.525 in
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satisfaction of the application fee for a determination of
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indigent status under s. 27.52 if the fee was not paid. The
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remaining funds collected pursuant to s. 938.29 shall be
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distributed as follows:
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(1) Twenty-five percent shall be remitted to the Department
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of Revenue for deposit into the Justice Administrative
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Commission's Indigent Criminal Defense Trust Fund.
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(2) Seventy-five percent shall be remitted to the
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Department of Revenue for deposit into the General Revenue Fund.
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The Justice Administrative Commission shall account for funds
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deposited into the Indigent Criminal Defense Trust Fund by
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circuit. Appropriations from the fund shall be proportional to
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each circuit's collections. All judgments entered pursuant to
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this part shall be in the name of the state.
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Section 6. Section 28.24, Florida Statutes, is amended to
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read:
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28.24 Service charges by clerk of the circuit court.--The
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clerk of the circuit court shall charge for services rendered by
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the clerk's office in recording documents and instruments and in
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performing the duties enumerated in amounts not to exceed those
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specified in this section. Notwithstanding any other provision of
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this section, the clerk of the circuit court shall provide
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without charge to the state attorney, public defender, guardian
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ad litem, public guardian, attorney ad litem, criminal conflict
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and civil regional counsel, and private court-appointed counsel
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paid by the state, and to the authorized staff acting on behalf
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of each, access to and a copy of any public record, if the
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requesting party is entitled by law to view the exempt or
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confidential record, as maintained by and in the custody of the
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clerk of the circuit court as provided in general law and the
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Florida Rules of Judicial Administration. The clerk of the
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circuit court may provide the requested public record in an
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electronic format in lieu of a paper format when capable of being
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accessed by the requesting entity.
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Charges
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(1) For examining, comparing, correcting, verifying, and
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certifying transcripts of record in appellate proceedings,
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prepared by attorney for appellant or someone else other than
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clerk, per page....5.00 4.50
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(2) For preparing, numbering, and indexing an original
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record of appellate proceedings, per instrument....3.50 3.00
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(3) For certifying copies of any instrument in the public
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records....2.00 1.50
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(4) For verifying any instrument presented for
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certification prepared by someone other than clerk, per
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page....3.50 3.00
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(5)(a) For making copies by photographic process of any
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instrument in the public records consisting of pages of not more
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than 14 inches by 8 1/2 inches, per page....1.00
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(b) For making copies by photographic process of any
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instrument in the public records of more than 14 inches by 8 1/2
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inches, per page....5.00
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(6) For making microfilm copies of any public records:
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(a) 16 mm 100' microfilm roll....42.00 37.50
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(b) 35 mm 100' microfilm roll....60.00 52.50
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(c) Microfiche, per fiche....3.50 3.00
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(7) For copying any instrument in the public records by
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other than photographic process, per page....6.00
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(8) For writing any paper other than herein specifically
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mentioned, same as for copying, including signing and
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sealing....7.00 6.00
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(9) For indexing each entry not recorded....1.00
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(10) For receiving money into the registry of court:
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(a)1. First $500, percent....3
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2. Each subsequent $100, percent....1.5
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(b) Eminent domain actions, per deposit....170.00 150.00
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(11) For examining, certifying, and recording plats and for
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recording condominium exhibits larger than 14 inches by 8 1/2
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inches:
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(a) First page....30.00
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(b) Each additional page....15.00
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(12) For recording, indexing, and filing any instrument not
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more than 14 inches by 8 1/2 inches, including required notice to
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property appraiser where applicable:
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(a) First page or fraction thereof....5.00
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(b) Each additional page or fraction thereof....4.00
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(c) For indexing instruments recorded in the official
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records which contain more than four names, per additional
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name....1.00
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(d) An additional service charge shall be paid to the clerk
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of the circuit court to be deposited in the Public Records
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Modernization Trust Fund for each instrument listed in s. 28.222,
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except judgments received from the courts and notices of lis
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pendens, recorded in the official records:
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1. First page....1.00
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2. Each additional page....0.50
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Said fund shall be held in trust by the clerk and used
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exclusively for equipment and maintenance of equipment, personnel
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training, and technical assistance in modernizing the public
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records system of the office. In a county where the duty of
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maintaining official records exists in an office other than the
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office of the clerk of the circuit court, the clerk of the
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circuit court is entitled to 25 percent of the moneys deposited
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into the trust fund for equipment, maintenance of equipment,
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training, and technical assistance in modernizing the system for
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storing records in the office of the clerk of the circuit court.
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The fund may not be used for the payment of travel expenses,
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membership dues, bank charges, staff-recruitment costs, salaries
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or benefits of employees, construction costs, general operating
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expenses, or other costs not directly related to obtaining and
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maintaining equipment for public records systems or for the
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purchase of furniture or office supplies and equipment not
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related to the storage of records. On or before December 1, 1995,
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and on or before December 1 of each year immediately preceding
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each year during which the trust fund is scheduled for
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legislative review under s. 19(f)(2), Art. III of the State
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Constitution, each clerk of the circuit court shall file a report
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on the Public Records Modernization Trust Fund with the President
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of the Senate and the Speaker of the House of Representatives.
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The report must itemize each expenditure made from the trust fund
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since the last report was filed; each obligation payable from the
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trust fund on that date; and the percentage of funds expended for
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each of the following: equipment, maintenance of equipment,
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personnel training, and technical assistance. The report must
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indicate the nature of the system each clerk uses to store,
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maintain, and retrieve public records and the degree to which the
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system has been upgraded since the creation of the trust fund.
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(e) An additional service charge of $4 per page shall be
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paid to the clerk of the circuit court for each instrument listed
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in s. 28.222, except judgments received from the courts and
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notices of lis pendens, recorded in the official records. From
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the additional $4 service charge collected:
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1. If the counties maintain legal responsibility for the
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costs of the court-related technology needs as defined in s.
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29.008(1)(f)2. and (h), 10 cents shall be distributed to the
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Florida Association of Court Clerks and Comptroller, Inc., for
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the cost of development, implementation, operation, and
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maintenance of the clerks' Comprehensive Case Information System,
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in which system all clerks shall participate on or before January
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1, 2006; $1.90 shall be retained by the clerk to be deposited in
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the Public Records Modernization Trust Fund and used exclusively
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for funding court-related technology needs of the clerk as
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defined in s. 29.008(1)(f)2. and (h); and $2 shall be distributed
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to the board of county commissioners to be used exclusively to
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fund court-related technology, and court technology needs as
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defined in s. 29.008(1)(f)2. and (h) for the state trial courts,
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state attorney, public defender, and criminal conflict and civil
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regional counsel in that county. If the counties maintain legal
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responsibility for the costs of the court-related technology
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needs as defined in s. 29.008(1)(f)2. and (h), notwithstanding
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any other provision of law, the county is not required to provide
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additional funding beyond that provided herein for the court-
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related technology needs of the clerk as defined in s.
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29.008(1)(f)2. and (h). All court records and official records
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are the property of the State of Florida, including any records
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generated as part of the Comprehensive Case Information System
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funded pursuant to this paragraph and the clerk of court is
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designated as the custodian of such records, except in a county
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where the duty of maintaining official records exists in a county
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office other than the clerk of court or comptroller, such county
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office is designated the custodian of all official records, and
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the clerk of court is designated the custodian of all court
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records. The clerk of court or any entity acting on behalf of the
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clerk of court, including an association, shall not charge a fee
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to any agency as defined in s. 119.011, the Legislature, or the
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State Court System for copies of records generated by the
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Comprehensive Case Information System or held by the clerk of
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court or any entity acting on behalf of the clerk of court,
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including an association.
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2. If the state becomes legally responsible for the costs
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of court-related technology needs as defined in s. 29.008(1)(f)2.
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and (h), whether by operation of general law or by court order,
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$4 shall be remitted to the Department of Revenue for deposit
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into the General Revenue Fund.
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(13) Oath, administering, attesting, and sealing, not
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otherwise provided for herein....3.50 3.00
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(14) For validating certificates, any authorized bonds,
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each....3.50 3.00
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(15) For preparing affidavit of domicile....5.00
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(16) For exemplified certificates, including signing and
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sealing....7.00 6.00
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(17) For authenticated certificates, including signing and
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sealing....7.00 6.00
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(18)(a) For issuing and filing a subpoena for a witness,
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not otherwise provided for herein (includes writing, preparing,
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signing, and sealing)....7.00 6.00
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(b) For signing and sealing only....2.00 1.50
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(19) For approving bond....8.50 7.50
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(20) For searching of records, for each year's
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search....2.00 1.50
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(21) For processing an application for a tax deed sale
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(includes application, sale, issuance, and preparation of tax
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deed, and disbursement of proceeds of sale), other than excess
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proceeds....60.00
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(22) For disbursement of excess proceeds of tax deed sale,
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first $100 or fraction thereof....10.00
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(23) Upon receipt of an application for a marriage license,
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for preparing and administering of oath; issuing, sealing, and
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recording of the marriage license; and providing a certified
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copy....30.00
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(24) For solemnizing matrimony....30.00
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(25) For sealing any court file or expungement of any
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
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
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
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,
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.
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
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
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
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.
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.
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,
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
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
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.
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,
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.
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
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
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.
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,
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
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.