1

A bill to be entitled

2

An act relating to statutory references to court rules;

3

amending s. 27.51, F.S.; removing reference to a specific

4

court rule relating to duties of the public defender;

5

providing duties of the public defender to notify an

6

accused of certain rights; amending s. 34.01, F.S.;

7

removing reference to court rules relating to the

8

jurisdiction of county courts; amending s. 34.011, F.S.;

9

removing specific reference to court rules relating to

10

jurisdiction in landlord and tenant cases; amending s.

11

39.01, F.S.; removing a reference to court rules relating

12

to definitions of a child who is found to be dependent;

13

redefining the term "child who is found to be dependent";

14

amending s. 39.4086, F.S.; deleting a provision requesting

15

that the Supreme Court adopt court rules by a certain date

16

relating to a pilot program for attorneys ad litem for

17

dependent children; amending s. 39.504, F.S.; removing a

18

reference to court rules relating to an injunction pending

19

disposition of a petition; amending s. 39.507, F.S.;

20

removing references to court rules relating to

21

adjudicatory hearings; amending s. 39.603, F.S.; removing

22

references to court rules relating to court approvals of

23

case planning; amending s. 39.701, F.S.; removing specific

24

reference to court rules relating to judicial review;

25

amending s. 39.801, F.S.; removing a requirement that

26

notice of hearings be prescribed by court rules relating

27

to procedures and jurisdiction in termination of parental

28

rights; amending s. 39.802, F.S.; removing references to

29

court rules relating to a petition for termination of

30

parental rights; amending s. 39.807, F.S.; removing a

31

reference to court rules relating to guardians ad litem;

32

amending s. 39.824, F.S.; removing obsolete provisions

33

requesting the Supreme Court to adopt rules relating to

34

procedure and jurisdiction; amending s. 39.825, F.S.;

35

removing a reference to court rules relating to a petition

36

for appointment of a guardian advocate; amending s. 48.27,

37

F.S.; removing specific reference to a court rule

38

regarding certified process servers; amending s. 55.503,

39

F.S.; removing a reference to court rules relating to the

40

recording of foreign judgments; amending s. 56.29, F.S.;

41

removing a reference to service of summons in court rules

42

relating to supplementary proceedings; amending s.

43

61.1301, F.S.; removing a reference to court rules

44

relating to enforcement of income deduction orders;

45

amending s. 61.14, F.S.; removing specific reference to a

46

court rule relating to enforcement and modification of

47

support, maintenance, or alimony agreements; amending s.

48

61.16, F.S.; removing specific reference to a court rule

49

relating to attorney's fees; amending s. 63.087, F.S.;

50

removing specific reference to court rules relating to

51

proceedings for termination of parental rights pending

52

adoption; amending s. 63.122, F.S.; removing a reference

53

to the court rule relating to the notice of hearing on a

54

petition; amending s. 68.083, F.S.; removing reference to

55

the court rules relating to civil actions for false

56

claims; amending s. 83.231, F.S.; removing a reference to

57

court rules relating to the removal of a tenant; amending

58

s. 83.625, F.S.; removing a reference to court rules

59

relating to the power to enter money judgments in an

60

action by a landlord; amending s. 222.30, F.S.; removing a

61

reference to court rules relating to fraudulent asset

62

conversions; amending s. 255.071, F.S.; removing a

63

reference to court rules relating to payment of

64

subcontractors for public projects; amending ss. 316.1934

65

and 327.354, F.S.; removing references to court rules

66

relating to presumption of impairment; amending s.

67

364.183, F.S.; removing reference to a specific court rule

68

relating to access to company records; amending s.

69

366.093, F.S.; removing reference to a specific court rule

70

relating to public utility records; amending s. 367.156,

71

F.S.; removing reference to a specific court rule relating

72

to discovery in public utility records; amending s.

73

368.108, F.S.; removing reference to a specific court rule

74

relating to confidentiality; amending s. 392.60, F.S.;

75

removing a reference to court rules relating to the right

76

of appeal; amending s. 393.11, F.S.; removing a reference

77

to court rules regarding the appeal of involuntary

78

admission to residential services; amending s. 393.12,

79

F.S.; removing references to court rules regarding

80

capacity and a guardian advocate; amending s. 400.0233,

81

F.S.; providing a reference to a specific chapter of court

82

rules relating to informal discovery and used to obtain

83

unsworn statements; revising provisions relating to

84

informal discovery used to obtain unsworn statements;

85

amending s. 400.0237, F.S.; removing a reference to court

86

rules on how to amend claims relating to punitive damages;

87

amending s. 409.2563, F.S.; removing a reference to court

88

rule relating to the administrative establishment of child

89

support obligations; amending s. 409.257, F.S.; removing a

90

reference to court rules regarding service of process;

91

amending s. 415.1045, F.S.; removing specific reference to

92

a court rule relating to medical examinations; amending s.

93

415.1051, F.S.; removing specific reference to a court

94

rule relating to emergency protective services

95

intervention; amending s. 429.293, F.S.; providing a

96

reference to a specific chapter of court rules relating to

97

informal discovery; revising provisions relating to

98

informal discovery used to obtain unsworn statements;

99

amending s. 429.297, F.S.; removing a reference to court

100

rules relating to punitive damages; amending s. 440.31,

101

F.S.; removing specific reference to a court rule relating

102

to the definition of expert witnesses; defining the term

103

"expert witness"; amending s. 447.507, F.S.; removing

104

reference to court rules relating to violation of a strike

105

prohibition; amending s. 448.110, F.S.; removing reference

106

to a specific court rule relating to state minimum wage

107

and annual wage adjustment; amending s. 456.057, F.S.;

108

removing reference to a specific court rule relating to

109

the furnishing of patient records; amending s. 518.112,

110

F.S.; removing a reference to court rules relating to

111

delegation of investment functions; amending s. 552.40,

112

F.S.; removing specific reference to a court rule relating

113

to an administrative remedy for alleged damage due to the

114

use of explosives in mining; amending ss. 607.0505 and

115

617.0503, F.S.; removing reference to court rules relating

116

to registered agents of corporations; amending s. 655.059,

117

F.S.; removing a reference to court rules relating to

118

access to books; amending s. 713.346, F.S.; removing a

119

reference to bond requirements in court rules relating to

120

payment on construction contracts; amending s. 718.1255,

121

F.S.; removing a reference to court rules relating to

122

mandatory nonbinding arbitration and mediation of

123

disputes; providing a reference to a specific chapter of

124

court rules relating to mandatory nonbinding arbitration

125

and mediation of disputes; amending s. 720.311, F.S.;

126

removing a reference to court rules relating to dispute

127

resolution; providing reference to a specific chapter of

128

court rules relating to dispute resolution; amending s.

129

723.0381, F.S.; removing a reference to court rules

130

relating to civil arbitration actions; amending s.

131

726.108, F.S.; removing a reference to court rules

132

relating to remedies of creditors; amending s. 727.104,

133

F.S.; removing a reference to court rules relating to

134

commencement of proceedings; amending s. 731.011, F.S.;

135

removing a reference to court rules relating to

136

determination and procedure of substantive rights;

137

amending s. 732.107, F.S.; removing a reference to court

138

rules relating to escheat; amending s. 733.101, F.S.;

139

removing a reference to court rules relating to venue of

140

probate proceedings; amending s. 733.212, F.S.; removing a

141

reference to court rules relating to notice of

142

administration; amending s. 733.6171, F.S.; removing a

143

reference to court rules relating to compensation of

144

attorneys for the personal representative; amending s.

145

733.705, F.S.; removing a reference to court rules

146

relating to the payment of and objection to claims;

147

amending s. 734.102, F.S.; removing a reference to court

148

rules relating to ancillary administration; amending s.

149

736.0109, F.S.; removing a reference to court rules

150

relating to methods and waiver of notice; amending s.

151

738.104, F.S.; removing a reference to court rules

152

relating to a trustee's power to adjust; providing for

153

delivering or mailing a copy of the statement to the

154

beneficiary relating to a trustee's power to adjust;

155

amending s. 738.1041, F.S.; removing a reference to court

156

rules relating to a total return unitrust; providing for

157

delivering or mailing a copy of the statement to the

158

beneficiary relating to total return unitrust; amending s.

159

741.30, F.S.; removing a reference to court rules relating

160

to injunctions for domestic violence; amending s. 742.16,

161

F.S.; removing a reference to court rules relating to

162

expedited affirmation of parent status for gestational

163

surrogacy; amending s. 742.18, F.S.; removing specific

164

reference to a court rule relating to disestablishment of

165

paternity or termination of a child support obligation;

166

amending s. 744.3025, F.S.; removing a reference to court

167

rules relating to claims of minors; amending s. 744.307,

168

F.S.; removing a reference to court rules relating to

169

foreign guardians; amending s. 744.447, F.S.; removing a

170

reference to court rules relating to a petition for

171

authorization to act; amending s. 765.105, F.S.; removing

172

specific reference to a court rule relating to the review

173

of a decision by a surrogate or proxy; amending s.

174

765.113, F.S.; removing specific reference to a court rule

175

relating to restrictions on providing consent; amending s.

176

768.72, F.S.; removing a reference to court rules relating

177

to pleadings and claims for punitive damages in civil

178

actions; amending s. 768.81, F.S.; removing a reference to

179

court rules relating to apportionment of damages in

180

comparative fault; amending s. 784.046, F.S.; removing a

181

reference to court rules relating to repeat violence,

182

sexual violence, or dating violence; amending s. 790.157,

183

F.S.; removing a reference to trial by jury in court rules

184

relating to the presumption of impairment; amending s.

185

896.101, F.S.; removing a reference to court rules

186

relating to the Florida Money Laundering Act; amending s.

187

916.13, F.S.; removing a reference to court rules relating

188

to involuntary commitment of a defendant who is

189

adjudicated incompetent; amending s. 916.15, F.S.;

190

removing a reference to court rules relating to

191

involuntary commitment of a defendant who is adjudicated

192

not guilty by reason of insanity; amending s. 916.302,

193

F.S.; removing a reference to court rules relating to

194

involuntary commitment of a defendant who is determined

195

incompetent to proceed; amending s. 924.07, F.S.; removing

196

a reference to court rules relating to appeals by the

197

state; amending s. 932.704, F.S.; removing a reference to

198

court rules relating to forfeiture proceedings; amending

199

s. 984.03, F.S.; removing a reference to court rules

200

relating to the definition of a dependent child;

201

redefining the term "dependent child"; amending s. 984.04,

202

F.S.; removing a reference to court rules relating to

203

families and children in need of services; amending s.

204

984.19, F.S.; removing a reference to court rules relating

205

to medical screening and treatment regarding custody;

206

amending s. 984.20, F.S.; removing references to court

207

rules relating to hearings for child-in-need-of-services

208

cases; amending s. 985.19, F.S.; removing references to

209

court rules relating to incompetency in juvenile

210

delinquency cases; amending s. 985.255, F.S.; removing a

211

reference to court rules relating to detention criteria

212

and hearings; amending s. 985.26, F.S.; removing a

213

reference to court rules relating to length of detention;

214

amending s. 985.35, F.S.; removing a reference to court

215

rules relating to adjudicatory hearings; amending s.

216

985.534, F.S.; removing a reference to court rules

217

relating to appeals; providing an effective date.

218

219

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

220

221

     Section 1.  Paragraph (a) of subsection (5) of section

222

27.51, Florida Statutes, are amended to read:

223

     27.51  Duties of public defender.--

224

     (5)(a)  When direct appellate proceedings prosecuted by a

225

public defender on behalf of an accused and challenging a

226

judgment of conviction and sentence of death terminate in an

227

affirmance of such conviction and sentence, whether by the

228

Florida Supreme Court or by the United States Supreme Court or by

229

expiration of any deadline for filing such appeal in a state or

230

federal court, the public defender shall notify the accused of

231

his or her rights to file a motion to vacate, set aside, or

232

correct sentence pursuant to court rule 3.850, Florida Rules of

233

Criminal Procedure, including any time limits pertinent thereto,

234

and shall advise such person that representation in any

235

collateral proceedings is the responsibility of the capital

236

collateral regional counsel. The public defender shall then

237

forward all original files on the matter to the capital

238

collateral regional counsel, retaining such copies for his or her

239

files as may be desired. However, the trial court shall retain

240

the power to appoint the public defender or other attorney not

241

employed by the capital collateral regional counsel to represent

242

such person in proceedings for relief by executive clemency

243

pursuant to ss. 27.40 and 27.5303.

244

     Section 2.  Subsection (2) of section 34.01, Florida

245

Statutes, is amended to read:

246

     34.01  Jurisdiction of county court.--

247

     (2)  The county courts shall have jurisdiction previously

248

exercised by county judges' courts other than that vested in the

249

circuit court by s. 26.012, except that county court judges may

250

hear matters involving dissolution of marriage under the

251

simplified dissolution procedure pursuant to the Florida Family

252

Law Rules of Procedure or may issue a final order for dissolution

253

in cases where the matter is uncontested, and the jurisdiction

254

previously exercised by county courts, the claims court, small

255

claims courts, small claims magistrates courts, magistrates

256

courts, justice of the peace courts, municipal courts, and courts

257

of chartered counties, including but not limited to the counties

258

referred to in ss. 9, 10, 11, and 24, Art. VIII of the State

259

Constitution of 1885, as preserved by s. (6)(e), Art. VIII of the

260

State Constitution of 1968.

261

     Section 3.  Subsection (2) of section 34.011, Florida

262

Statutes, is amended to read:

263

     34.011  Jurisdiction in landlord and tenant cases.--

264

     (2)  The county court shall have exclusive jurisdiction of

265

proceedings relating to the right of possession of real property

266

and to the forcible or unlawful detention of lands and tenements,

267

except that the circuit court also has jurisdiction if the amount

268

in controversy exceeds the jurisdictional limits of the county

269

court or the circuit court otherwise has jurisdiction as provided

270

in s. 26.012. In cases transferred to the circuit court pursuant

271

to Rule 1.170(j), Florida Rules of Civil Procedure, or Rule

272

7.100(d), Florida Small Claims Rules, the demands of all parties

273

shall be resolved by the circuit court.

274

     Section 4.  Subsection (14) of section 39.01, Florida

275

Statutes, is amended to read:

276

     39.01  Definitions.--When used in this chapter, unless the

277

context otherwise requires:

278

     (14)  "Child who is found to be dependent" means a child

279

who, pursuant to this chapter, is found by the court:

280

     (a)  To have been abandoned, abused, or neglected by the

281

child's parent or parents or legal custodians;

282

     (b)  To have been surrendered to the department, the former

283

Department of Health and Rehabilitative Services, or a licensed

284

child-placing agency for purpose of adoption;

285

     (c)  To have been voluntarily placed with a licensed child-

286

caring agency, a licensed child-placing agency, an adult

287

relative, the department, or the former Department of Health and

288

Rehabilitative Services, after which placement, under the

289

requirements of this chapter, a case plan has expired and the

290

parent or parents or legal custodians have failed to

291

substantially comply with the requirements of the plan;

292

     (d)  To have been voluntarily placed with a licensed child-

293

placing agency for the purposes of subsequent adoption, and a

294

parent or parents have signed a consent to termination of

295

parental rights pursuant to the Florida Rules of Juvenile

296

Procedure;

297

     (e)  To have no parent or legal custodians capable of

298

providing supervision and care; or

299

     (f)  To be at substantial risk of imminent abuse,

300

abandonment, or neglect by the parent or parents or legal

301

custodians.

302

     Section 5.  Subsection (3) of section 39.4086, Florida

303

Statutes, is amended to read:

304

     39.4086  Pilot program for attorneys ad litem for dependent

305

children.--

306

     (3) STANDARDS.--The Supreme Court is requested, by October

307

1, 2000, to adopt rules of juvenile procedure which include the

308

duties, responsibilities, and conduct of an attorney ad litem.

309

The Office of the State Courts Administrator, in consultation

310

with the Dependency Court Improvement Committee of the Supreme

311

Court, shall develop implementation guidelines for the attorney

312

ad litem pilot program.

313

     Section 6.  Subsection (2) of section 39.504, Florida

314

Statutes, is amended to read:

315

     39.504  Injunction pending disposition of petition;

316

penalty.--

317

     (2) Notice shall be provided to the parties as required by

318

court rule set forth in the Florida Rules of Juvenile Procedure,

319

unless the child is reported to be in imminent danger, in which

320

case the court may issue an injunction immediately. A judge may

321

issue an emergency injunction pursuant to this section without

322

notice at times when the court is closed for the transaction of

323

judicial business. When such an immediate injunction is issued,

324

the court shall hold a hearing on the next day of judicial

325

business either to dissolve the injunction or to continue or

326

modify it in accordance with the other provisions of this

327

section.

328

     Section 7.  Paragraph (a) of subsection (1) and subsection

329

(2) of section 39.507, Florida Statutes, are amended to read:

330

     39.507  Adjudicatory hearings; orders of adjudication.--

331

     (1)(a)  The adjudicatory hearing shall be held as soon as

332

practicable after the petition for dependency is filed and in

333

accordance with court rule the Florida Rules of Juvenile

334

Procedure, but no later than 30 days after the arraignment.

335

     (2)  All hearings, except as provided in this section, shall

336

be open to the public, and a person may not be excluded except on

337

special order of the judge, who may close any hearing to the

338

public upon determining that the public interest or the welfare

339

of the child is best served by so doing. The parents or legal

340

custodians shall be allowed to obtain discovery pursuant to court

341

rule the Florida Rules of Juvenile Procedure, provided such

342

discovery does not violate the provisions of s. 39.202. Hearings

343

involving more than one child may be held simultaneously when the

344

children involved are related to each other or were involved in

345

the same case. The child and the parents, caregivers, or legal

346

custodians of the child may be examined separately and apart from

347

each other.

348

     Section 8.  Paragraphs (a) and (d) of subsection (1) of

349

section 39.603, Florida Statutes, are amended to read:

350

     39.603  Court approvals of case planning.--

351

     (1)  All case plans and amendments to case plans must be

352

approved by the court. At the hearing on the case plan, which

353

shall occur in conjunction with the disposition hearing unless

354

otherwise directed by the court, the court shall determine:

355

     (a)  All parties who were notified and are in attendance at

356

the hearing, either in person or through a legal representative.

357

The court may appoint a guardian ad litem under Rule 1.210,

358

Florida Rules of Civil Procedure, to represent the interests of

359

any parent, if the location of the parent is known but the parent

360

is not present at the hearing and the development of the plan is

361

based upon the physical, emotional, or mental condition or

362

physical location of the parent.

363

     (d)  In involuntary placements, whether each parent was

364

notified of the right to counsel at each stage of the dependency

365

proceedings, in accordance with the Florida Rules of Juvenile

366

Procedure.

367

     Section 9.  Paragraphs (b) and (c) of subsection (2) of

368

section 39.701, Florida Statutes, are amended to read:

369

     39.701  Judicial review.--

370

     (2)

371

     (b)  Citizen review panels may conduct hearings to review

372

the status of a child. The court shall select the cases

373

appropriate for referral to the citizen review panels and may

374

order the attendance of the parties at the review panel hearings.

375

However, any party may object to the referral of a case to a

376

citizen review panel. Whenever such an objection has been filed

377

with the court, the court shall review the substance of the

378

objection and may conduct the review itself or refer the review

379

to a citizen review panel. All parties retain the right to take

380

exception to the findings or recommended orders of a citizen

381

review panel in accordance with Rule 1.490(h), Florida Rules of

382

Civil Procedure.

383

     (c)  Notice of a hearing by a citizen review panel must be

384

provided as set forth in subsection (5). At the conclusion of a

385

citizen review panel hearing, each party may propose a

386

recommended order to the chairperson of the panel. Thereafter,

387

the citizen review panel shall submit its report, copies of the

388

proposed recommended orders, and a copy of the panel's

389

recommended order to the court. The citizen review panel's

390

recommended order must be limited to the dispositional options

391

available to the court in subsection (9). Each party may file

392

exceptions to the report and recommended order of the citizen

393

review panel in accordance with Rule 1.490, Florida Rules of

394

Civil Procedure.

395

     Section 10.  Paragraphs (b), (c), and (d) of subsection (3)

396

of section 39.801, Florida Statutes, are amended to read:

397

     39.801  Procedures and jurisdiction; notice; service of

398

process.--

399

     (3)  Before the court may terminate parental rights, in

400

addition to the other requirements set forth in this part, the

401

following requirements must be met:

402

     (b) If a party required to be served with notice as

403

prescribed in paragraph (a) cannot be served, notice of hearings

404

must be given as prescribed by the rules of civil procedure, and

405

service of process must be made as specified by law or civil

406

actions.

407

     (b)(c) Notice as prescribed by this section may be waived,

408

in the discretion of the judge, with regard to any person to whom

409

notice must be given under this subsection if the person

410

executes, before two witnesses and a notary public or other

411

officer authorized to take acknowledgments, a written surrender

412

of the child to a licensed child-placing agency or the

413

department.

414

     (c)(d) If the person served with notice under this section

415

fails to personally appear at the advisory hearing, the failure

416

to personally appear shall constitute consent for termination of

417

parental rights by the person given notice. If a parent appears

418

for the advisory hearing and the court orders that parent to

419

personally appear at the adjudicatory hearing for the petition

420

for termination of parental rights, stating the date, time, and

421

location of said hearing, then failure of that parent to

422

personally appear at the adjudicatory hearing shall constitute

423

consent for termination of parental rights.

424

     Section 11.  Subsection (2) of section 39.802, Florida

425

Statutes, is amended to read:

426

     39.802  Petition for termination of parental rights; filing;

427

elements.--

428

     (2) The form of the petition is governed by the Florida

429

Rules of Juvenile Procedure. The petition must be in writing and

430

signed by the petitioner or, if the department is the petitioner,

431

by an employee of the department, under oath stating the

432

petitioner's good faith in filing the petition.

433

     Section 12.  Paragraph (d) of subsection (2) of section

434

39.807, Florida Statutes, is amended to read:

435

     39.807  Right to counsel; guardian ad litem.--

436

     (2)

437

     (d)  A guardian ad litem is entitled to receive service of

438

pleadings and papers as provided by the Florida Rules of Juvenile

439

Procedure.

440

     Section 13.  Subsection (1) of section 39.824, Florida

441

Statutes, is amended to read:

442

     39.824  Procedures and jurisdiction.--

443

     (1) The Supreme Court is requested to adopt rules of

444

juvenile procedure by October 1, 1989, to implement this part.

445

All procedures, including petitions, pleadings, subpoenas,

446

summonses, and hearings in cases for the appointment of a

447

guardian advocate shall be according to the Florida Rules of

448

Juvenile Procedure unless otherwise provided by law.

449

     Section 14.  Section 39.825, Florida Statutes, is amended to

450

read:

451

     39.825  Petition for appointment of a guardian advocate.--A

452

petition for appointment of a guardian advocate may be filed by

453

the department, any relative of the child, any licensed health

454

care professional, or any other interested person. The petition

455

shall be in writing and shall be signed by the petitioner under

456

oath stating his or her good faith in filing the petition. The

457

form of the petition and its contents shall be determined by the

458

Florida Rules of Juvenile Procedure.

459

     Section 15.  Subsection (3) of section 48.27, Florida

460

Statutes, is amended to read:

461

     48.27  Certified process servers.--

462

     (3)  Nothing herein shall be interpreted to exclude a

463

sheriff or deputy or other person appointed by the sheriff

464

pursuant to s. 48.021 from serving process or to exclude a person

465

from appointment by individual motion and order to serve process

466

in any civil action in accordance with Rule 1.070(b) of the

467

Florida Rules of Civil Procedure.

468

     Section 16.  Subsection (1) of section 55.503, Florida

469

Statutes, is amended to read:

470

     55.503  Recording and status of foreign judgments; fees.--

471

     (1)  A copy of any foreign judgment certified in accordance

472

with the laws of the United States or of this state may be

473

recorded in the office of the clerk of the circuit court of any

474

county. The clerk shall file, record, and index the foreign

475

judgment in the same manner as a judgment of a circuit or county

476

court of this state. A judgment so recorded shall have the same

477

effect and shall be subject to the same rules of civil procedure,

478

legal and equitable defenses, and proceedings for reopening,

479

vacating, or staying judgments, and it may be enforced, released,

480

or satisfied, as a judgment of a circuit or county court of this

481

state.

482

     Section 17.  Subsection (3) of section 56.29, Florida

483

Statutes, is amended to read:

484

     56.29  Proceedings supplementary.--

485

     (3)  The order shall be served in a reasonable time before

486

the date of the examination in the manner provided for service of

487

summons or may be served on such defendant or his or her attorney

488

as provided for service of papers in the rules of civil

489

procedure.

490

     Section 18.  Paragraph (b) of subsection (2) of section

491

61.1301, Florida Statutes, is amended to read:

492

     61.1301  Income deduction orders.--

493

     (2)  ENFORCEMENT OF INCOME DEDUCTION ORDERS.--

494

     (b)1.  Service by or upon any person who is a party to a

495

proceeding under this section shall be made in the manner

496

prescribed in court rule the Florida Rules of Civil Procedure for

497

service upon parties.

498

     2.  Service upon an obligor's payor or successor payor under

499

this section shall be made by prepaid certified mail, return

500

receipt requested, or in the manner prescribed in chapter 48.

501

     Section 19.  Paragraph (a) of subsection (6) of section

502

61.14, Florida Statutes, is amended to read:

503

     61.14  Enforcement and modification of support, maintenance,

504

or alimony agreements or orders.--

505

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

506

depository or through the State Disbursement Unit, any payment or

507

installment of support which becomes due and is unpaid under any

508

support order is delinquent; and this unpaid payment or

509

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

510

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

511

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

512

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

513

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

514

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

515

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

516

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

517

amount of support payments due the obligee under the judgment has

518

been paid.

519

     2.  A certified statement by the local depository evidencing

520

a delinquency in support payments constitute evidence of the

521

final judgment under this paragraph.

522

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

523

to any unpaid payment or installment of support which has accrued

524

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

525

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

526

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

527

any unpaid payment or installment of support which accrues after

528

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

529

support order. This subparagraph does not prohibit the court from

530

providing relief from the judgment pursuant to court rule 1.540,

531

Florida Rules of Civil Procedure.

532

     Section 20.  Subsection (2) of section 61.16, Florida

533

Statutes, is amended to read:

534

     61.16  Attorney's fees, suit money, and costs.--

535

     (2) In an action for contempt brought pursuant to Rule

536

3.840, Florida Rules of Criminal Procedure, whether denominated

537

direct or indirect criminal contempt, the court shall have

538

authority to:

539

     (a)  Appoint an attorney to prosecute said contempt.

540

     (b)  Assess attorney's fees and costs against the contemptor

541

after the court makes a determination of the contemptor's ability

542

to pay such costs and fees.

543

     (c)  Order that the amount be paid directly to the attorney,

544

who may enforce the order in his or her name.

545

     Section 21.  Subsections (5) and (6) of section 63.087,

546

Florida Statutes, are amended to read:

547

     63.087  Proceeding to terminate parental rights pending

548

adoption; general provisions.--

549

     (5)  SUMMONS TO BE ISSUED.--The petitioner shall cause a

550

summons to be issued substantially in the form provided in Form

551

1.902, Florida Rules of Civil Procedure. The petition and summons

552

shall be served upon any person whose consent has been provided

553

but who has not waived service of the pleadings and notice of the

554

hearing thereon and also upon any person whose consent is

555

required but who has not provided that consent.

556

     (6)  ANSWER REQUIRED.--An answer to the petition or any

557

pleading requiring an answer shall be filed in accordance with

558

the Florida Rules of Civil Procedure. Failure to file a written

559

response or to appear at the hearing on the petition constitutes

560

grounds upon which the court may terminate parental rights. The

561

petitioner shall provide notice of the final hearing by United

562

States mail to any person who has been served with the summons

563

and petition for termination of parental rights within the

564

specified time periods. Notwithstanding the filing of any answer

565

or any pleading, any person present at the hearing to terminate

566

parental rights pending adoption whose consent to adoption is

567

required under s. 63.062 must:

568

     (a)  Be advised by the court that he or she has a right to

569

ask that the hearing be reset for a later date so that the person

570

may consult with an attorney; and

571

     (b)  Be given an opportunity to deny the allegations in the

572

petition.

573

     Section 22.  Subsection (2) of section 63.122, Florida

574

Statutes, is amended to read:

575

     63.122  Notice of hearing on petition.--

576

     (2) Notice of hearing must be given as prescribed by the

577

Florida Rules of Civil Procedure, and service of process must be

578

made as required by court rule specified by law for civil

579

actions.

580

     Section 23.  Subsection (2) of section 68.083, Florida

581

Statutes, is amended to read:

582

     68.083  Civil actions for false claims.--

583

     (2)  A person may bring a civil action for a violation of s.

584

68.082 for the person and for the affected agency. Civil actions

585

instituted under this act shall be governed by the Florida Rules

586

of Civil Procedure and shall be brought in the name of the State

587

of Florida. Prior to the court unsealing the complaint under

588

subsection (3), the action may be voluntarily dismissed by the

589

person bringing the action only if the department gives written

590

consent to the dismissal and its reasons for such consent.

591

     Section 24.  Section 83.231, Florida Statutes, is amended to

592

read:

593

     83.231  Removal of tenant; judgment.--If the issues are

594

found for plaintiff, judgment shall be entered that plaintiff

595

recover possession of the premises. If the plaintiff expressly

596

and specifically sought money damages in the complaint, in

597

addition to awarding possession of the premises to the plaintiff,

598

the court shall also direct, in an amount which is within its

599

jurisdictional limitations, the entry of a money judgment in

600

favor of the plaintiff and against the defendant for the amount

601

of money found due, owing, and unpaid by the defendant, with

602

costs. However, no money judgment shall be entered unless service

603

of process has been effected by personal service or, where

604

authorized by law, by certified or registered mail, return

605

receipt, or in any other manner prescribed by law or the rules of

606

the court, and no money judgment may be entered except in

607

compliance with the Florida Rules of Civil Procedure. Where

608

otherwise authorized by law, the plaintiff in the judgment for

609

possession and money damages may also be awarded attorney's fees

610

and costs. If the issues are found for defendant, judgment shall

611

be entered dismissing the action.

612

     Section 25.  Section 83.625, Florida Statutes, is amended to

613

read:

614

     83.625  Power to award possession and enter money

615

judgment.--In an action by the landlord for possession of a

616

dwelling unit based upon nonpayment of rent, if the court finds

617

the rent is due, owing, and unpaid and by reason thereof the

618

landlord is entitled to possession of the premises, the court, in

619

addition to awarding possession of the premises to the landlord,

620

shall direct, in an amount which is within its jurisdictional

621

limitations, the entry of a money judgment with costs in favor of

622

the landlord and against the tenant for the amount of money found

623

due, owing, and unpaid by the tenant to the landlord. However, no

624

money judgment shall be entered unless service of process has

625

been effected by personal service or, where authorized by law, by

626

certified or registered mail, return receipt, or in any other

627

manner prescribed by law or the rules of the court; and no money

628

judgment may be entered except in compliance with the Florida

629

Rules of Civil Procedure. The prevailing party in the action may

630

also be awarded attorney's fees and costs.

631

     Section 26.  Paragraph (c) of subsection (3) of section

632

222.30, Florida Statutes, is amended to read:

633

     222.30  Fraudulent asset conversions.--

634

     (3)  In an action for relief against a fraudulent asset

635

conversion, a creditor may obtain:

636

     (c) Subject to applicable principles of equity and in

637

accordance with applicable rules of civil procedure:

638

     1.  An injunction against further conversion by the debtor

639

of the asset or of other property.

640

     2.  Any other relief the circumstances may require.

641

     Section 27.  Paragraph (b) of subsection (4) of section

642

255.071, Florida Statutes, is amended to read:

643

     255.071  Payment of subcontractors, sub-subcontractors,

644

materialmen, and suppliers on construction contracts for public

645

projects.--

646

     (4)  After service of the complaint, the court shall conduct

647

an evidentiary hearing on the complaint, upon not less than 15

648

days' written notice. The person providing labor, services, or

649

materials is entitled to the following remedies to the extent of

650

the undisputed amount due for labor or services performed or

651

materials supplied, and upon proof of each allegation in the

652

complaint:

653

     (b)  A temporary injunction against the person who received

654

the payment, subject to the bond requirements specified in court

655

rule the Florida Rules of Civil Procedure.

656

     Section 28.  Subsection (4) of section 316.1934, Florida

657

Statutes, is amended to read:

658

     316.1934  Presumption of impairment; testing methods.--

659

     (4)  Any person charged with a violation of s. 316.193,

660

whether in a municipality or not, is entitled to trial by jury

661

according to the Florida Rules of Criminal Procedure.

662

     Section 29.  Subsection (4) of section 327.354, Florida

663

Statutes, is amended to read:

664

     327.354  Presumption of impairment; testing methods.--

665

     (4)  Any person charged with a violation of s. 327.35 is

666

entitled to trial by jury according to the Florida Rules of

667

Criminal Procedure.

668

     Section 30.  Subsection (2) of section 364.183, Florida

669

Statutes, is amended to read:

670

     364.183  Access to company records.--

671

     (2)  Discovery in any docket or proceeding before the

672

commission shall be in the manner provided for in Rule 1.280 of

673

the Florida Rules of Civil Procedure. Upon a showing by a company

674

or other person and a finding by the commission that discovery

675

will require the disclosure of proprietary confidential business

676

information, the commission shall issue an appropriate protective

677

order designating the manner for handling such information during

678

the course of the proceeding and for protecting such information

679

from disclosure outside the proceeding. Such proprietary

680

confidential business information shall be exempt from s.

681

119.07(1). Any records provided pursuant to a discovery request

682

for which proprietary confidential business information status is

683

requested shall be treated by the commission and the Office of

684

the Public Counsel and any other party subject to the public

685

records law as confidential and shall be exempt from s.

686

119.07(1), pending a formal ruling on such request by the

687

commission or the return of the records to the person providing

688

the records. Any record which has been determined to be

689

proprietary confidential business information and is not entered

690

into the official record of the proceeding shall be returned to

691

the person providing the record within 60 days after the final

692

order, unless the final order is appealed. If the final order is

693

appealed, any such record shall be returned within 30 days after

694

the decision on appeal. The commission shall adopt the necessary

695

rules to implement this subsection.

696

     Section 31.  Subsection (2) of section 366.093, Florida

697

Statutes, is amended to read:

698

     366.093  Public utility records; confidentiality.--

699

     (2)  Discovery in any docket or proceeding before the

700

commission shall be in the manner provided for in Rule 1.280 of

701

the Florida Rules of Civil Procedure. Information which affects a

702

utility's rates or cost of service shall be considered relevant

703

for purposes of discovery in any docket or proceeding where the

704

utility's rates or cost of service are at issue. The commission

705

shall determine whether information requested in discovery

706

affects a utility's rates or cost of service. Upon a showing by a

707

utility or other person and a finding by the commission that

708

discovery will require the disclosure of proprietary confidential

709

business information, the commission shall issue appropriate

710

protective orders designating the manner for handling such

711

information during the course of the proceeding and for

712

protecting such information from disclosure outside the

713

proceeding. Such proprietary confidential business information

714

shall be exempt from s. 119.07(1). Any records provided pursuant

715

to a discovery request for which proprietary confidential

716

business information status is requested shall be treated by the

717

commission and the office of the Public Counsel and any other

718

party subject to the public records law as confidential and shall

719

be exempt from s. 119.07(1), pending a formal ruling on such

720

request by the commission or the return of the records to the

721

person providing the records. Any record which has been

722

determined to be proprietary confidential business information

723

and is not entered into the official record of the proceeding

724

must be returned to the person providing the record within 60

725

days after the final order, unless the final order is appealed.

726

If the final order is appealed, any such record must be returned

727

within 30 days after the decision on appeal. The commission shall

728

adopt the necessary rules to implement this provision.

729

     Section 32.  Subsection (2) of section 367.156, Florida

730

Statutes, is amended to read:

731

     367.156  Public utility records; confidentiality.--

732

     (2)  Discovery in any docket or proceeding before the

733

commission shall be in the manner provided for in Rule 1.280 of

734

the Florida Rules of Civil Procedure. Information which affects a

735

utility's rates or cost of service shall be considered relevant

736

for purposes of discovery in any docket or proceeding where the

737

utility's rates or cost of service are at issue. The commission

738

shall determine whether information requested in discovery

739

affects a utility's rates or cost of service. Upon showing by a

740

utility or other person and a finding by the commission that

741

discovery will require the disclosure of proprietary confidential

742

business information, the commission shall issue appropriate

743

protective orders designating the manner for handling such

744

information during the course of the proceeding and for

745

protecting such information from disclosure outside the

746

proceeding. Such proprietary confidential business information

747

shall be exempt from s. 119.07(1). Any records provided pursuant

748

to a discovery request for which proprietary confidential

749

business information status is requested shall be treated by the

750

commission and the office of the Public Counsel and any other

751

party subject to the public records act as confidential and shall

752

be exempt from s. 119.07(1), pending a formal ruling on such

753

request by the commission or the return of the records to the

754

person providing the records. Any record which has been

755

determined to be proprietary confidential business information

756

and is not entered into the official record of the proceeding

757

must be returned to the person providing the record within 60

758

days after the final order, unless the final order is appealed.

759

If the final order is appealed, any such record must be returned

760

within 30 days after the decision on appeal. The commission shall

761

adopt the necessary rules to implement this provision.

762

     Section 33.  Subsection (2) of section 368.108, Florida

763

Statutes, is amended to read:

764

     368.108  Confidentiality; discovery.--

765

     (2)  Discovery in any docket or proceeding before the

766

commission shall be in the manner provided for in Rule 1.280 of

767

the Florida Rules of Civil Procedure. Information which affects a

768

natural gas transmission company's rates or cost of service shall

769

be considered relevant for purposes of discovery in any docket or

770

proceeding where the natural gas transmission company's rates or

771

cost of service are at issue. The commission shall determine

772

whether information requested in discovery affects a natural gas

773

transmission company's rates or cost of service. Upon a showing

774

by a natural gas transmission company or other person and a

775

finding by the commission that discovery will require the

776

disclosure of proprietary confidential business information, the

777

commission shall issue appropriate protective orders designating

778

the manner for handling such information during the course of the

779

proceeding and for protecting such information from disclosure

780

outside the proceeding. Such proprietary confidential business

781

information shall be exempt from s. 119.07(1). Any records

782

provided pursuant to a discovery request for which proprietary

783

confidential business information status is requested shall be

784

treated by the commission and the office of the Public Counsel

785

and any other party subject to the public records law as

786

confidential and shall be exempt from s. 119.07(1) pending a

787

formal ruling on such request by the commission or the return of

788

the records to the person providing the records. Any record which

789

has been determined to be proprietary confidential business

790

information and is not entered into the official record of the

791

proceeding must be returned to the person providing the record

792

within 60 days after the final order, unless the final order is

793

appealed. If the final order is appealed, any such record must be

794

returned within 30 days after the decision on appeal. The

795

commission shall adopt the necessary rules to implement this

796

provision.

797

     Section 34.  Subsection (1) of section 392.60, Florida

798

Statutes, is amended to read:

799

     392.60  Right of appeal; immediate release.--

800

     (1)  Any person who is aggrieved by the entry of an order

801

under s. 392.55, s. 392.56, or s. 392.57 may shall have the

802

period of time provided by the Florida Rules of Appellate

803

Procedure within which to appeal an order of from the circuit

804

court. Every order entered under the terms of s. 392.55, s.

805

392.56, or s. 392.57 shall be executed immediately unless the

806

court entering such order or the appellate court, in its

807

discretion, enters a supersedeas order and fixes the terms and

808

conditions thereof.

809

     Section 35.  Paragraph (a) of subsection (12) of section

810

393.11, Florida Statutes, is amended to read:

811

     393.11  Involuntary admission to residential services.--

812

     (12)  APPEAL.--

813

     (a)  Any party to the proceeding who is affected by an order

814

of the court, including the agency, may appeal to the appropriate

815

district court of appeal within the time and in the manner

816

prescribed by the Florida Rules of Appellate Procedure.

817

     Section 36.  Paragraph (b) of subsection (1) and paragraph

818

(a) of subsection (2) of section 393.12, Florida Statutes, are

819

amended to read:

820

     393.12  Capacity; appointment of guardian advocate.--

821

     (1)  CAPACITY.--

822

     (b)  The issue of capacity of a person with developmental

823

disabilities shall be determined in a separate proceeding

824

according to the procedures and requirements of chapter 744 and

825

the Florida Probate Rules.

826

     (2)  APPOINTMENT OF A GUARDIAN ADVOCATE.--

827

     (a)  Conditions.--A probate court may appoint a guardian

828

advocate, without an adjudication of incapacity, for a person

829

with developmental disabilities, if the person lacks the capacity

830

to do some, but not all, of the tasks necessary to care for his

831

or her person, property, or estate or if the person has

832

voluntarily petitioned for the appointment of a guardian

833

advocate. Except as otherwise specified, the proceeding shall be

834

governed by the Florida Rules of Civil Procedure.

835

     Section 37.  Paragraph (a) of subsection (7) and subsections

836

(10) and (11) of section 400.0233, Florida Statutes, are amended

837

to read:

838

     400.0233  Presuit notice; investigation; notification of

839

violation of resident's rights or alleged negligence; claims

840

evaluation procedure; informal discovery; review; settlement

841

offer; mediation.--

842

     (7)  Informal discovery may be used by a party to obtain

843

unsworn statements and the production of documents or things as

844

follows:

845

     (a)  Unsworn statements.--Any party may require other

846

parties to appear for the taking of an unsworn statement. Such

847

statements may be used only for the purpose of claims evaluation

848

and are not discoverable or admissible in any civil action for

849

any purpose by any party. A party seeking to take the unsworn

850

statement of any party must give reasonable notice in writing to

851

all parties. The notice must state the time and place for taking

852

the statement and the name and address of the party to be

853

examined. Unless otherwise impractical, the examination of any

854

party must be done at the same time by all other parties. Any

855

party may be represented by counsel at the taking of an unsworn

856

statement. An unsworn statement may be recorded electronically,

857

stenographically, or on videotape. The procedure for the taking

858

of an unsworn statement shall be as if the statement were an

859

unsworn statement as provided in statements is subject to the

860

provisions of the Florida Rules of Civil Procedure related to

861

medical malpractice presuit screening. The taking of the

862

statement and may be terminated for abuses.

863

     (10)  To the extent not inconsistent with this part, the

864

provisions of chapter 44 and the Florida Mediation Code, Florida

865

Rules of Civil Procedure, shall be applicable to such

866

proceedings.

867

     (11)  Within 30 days after the claimant's receipt of the

868

defendant's response to the claim, the parties or their

869

designated representatives shall meet in mediation to discuss the

870

issues of liability and damages in accordance with chapter 44 and

871

the mediation rules of practice and procedures adopted by the

872

Supreme Court and applicable to civil actions in circuit court.

873

Upon stipulation of the parties, this 30-day period may be

874

extended and the statute of limitations is tolled during the

875

mediation and any such extension. At the conclusion of mediation,

876

the claimant shall have 60 days or the remainder of the period of

877

the statute of limitations, whichever is greater, within which to

878

file suit.

879

     Section 38.  Subsection (1) of section 400.0237, Florida

880

Statutes, is amended to read:

881

     400.0237  Punitive damages; pleading; burden of proof.--

882

     (1)  In any action for damages brought under this part, no

883

claim for punitive damages shall be permitted unless there is a

884

reasonable showing by evidence in the record or proffered by the

885

claimant which would provide a reasonable basis for recovery of

886

such damages. The claimant may move to amend her or his complaint

887

to assert a claim for punitive damages as allowed by the rules of

888

civil procedure. The rules of civil procedure shall be liberally

889

construed so as to allow the claimant discovery of evidence which

890

appears reasonably calculated to lead to admissible evidence on

891

the issue of punitive damages. No discovery of financial worth

892

shall proceed until after the pleading concerning punitive

893

damages is permitted.

894

     Section 39.  Paragraph (m) of subsection (4) of section

895

409.2563, Florida Statutes, is amended to read:

896

     409.2563  Administrative establishment of child support

897

obligations.--

898

     (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

899

SUPPORT ORDER.--To commence a proceeding under this section, the

900

department shall provide to the custodial parent and serve the

901

noncustodial parent with a notice of proceeding to establish

902

administrative support order and a blank financial affidavit

903

form. The notice must state:

904

     (m)  That, neither the department nor the Division of

905

Administrative Hearings has jurisdiction to award or change child

906

custody or rights of parental contact and these issues may only

907

be addressed in circuit court.

908

     1.  The noncustodial parent may request in writing that the

909

department proceed in circuit court to determine his or her

910

support obligations.

911

     2.  The noncustodial parent may state in writing to the

912

department his or her intention to address issues concerning

913

custody or rights to parental contact in circuit court.

914

     3.  If the noncustodial parent submits the request

915

authorized in subparagraph 1., or the statement authorized in

916

subparagraph 2. to the department within 20 days after the

917

receipt of the initial notice, the department shall file a

918

petition in circuit court for the determination of the

919

noncustodial parent's child support obligations, and shall send

920

to the noncustodial parent a copy of its petition, a notice of

921

commencement of action, and a request for waiver of service of

922

process as provided in the Florida Rules of Civil Procedure.

923

     4.  If, within 10 days after receipt of the department's

924

petition and waiver of service, the noncustodial parent signs and

925

returns the waiver of service form to the department, the

926

department shall terminate the administrative proceeding without

927

prejudice and proceed in circuit court.

928

     5.  In any circuit court action filed by the department

929

pursuant to this paragraph or filed by a noncustodial parent or

930

other person pursuant to paragraph (l) or paragraph (n), the

931

department shall be a party only with respect to those issues of

932

support allowed and reimbursable under Title IV-D of the Social

933

Security Act. It is the responsibility of the noncustodial parent

934

or other person to take the necessary steps to present other

935

issues for the court to consider.

936

937

The department may serve the notice of proceeding to establish

938

administrative support order by certified mail, restricted

939

delivery, return receipt requested. Alternatively, the department

940

may serve the notice by any means permitted for service of

941

process in a civil action. For purposes of this section, an

942

authorized employee of the department may serve the notice and

943

execute an affidavit of service. Service by certified mail is

944

completed when the certified mail is received or refused by the

945

addressee or by an authorized agent as designated by the

946

addressee in writing. If a person other than the addressee signs

947

the return receipt, the department shall attempt to reach the

948

addressee by telephone to confirm whether the notice was

949

received, and the department shall document any telephonic

950

communications. If someone other than the addressee signs the

951

return receipt, the addressee does not respond to the notice, and

952

the department is unable to confirm that the addressee has

953

received the notice, service is not completed and the department

954

shall attempt to have the addressee served personally. The

955

department shall provide the custodial parent or caretaker

956

relative with a copy of the notice by regular mail to the last

957

known address of the custodial parent or caretaker.

958

     Section 40.  Subsection (4) of section 409.257, Florida

959

Statutes, is amended to read:

960

     409.257  Service of process.--

961

     (4)  Notices and other intermediate process, except witness

962

subpoenas, shall be served by the department as provided for in

963

court rule the Florida Rules of Civil Procedure.

964

     Section 41.  Paragraph (b) of subsection (2) of section

965

415.1045, Florida Statutes, is amended to read:

966

     415.1045  Photographs, videotapes, and medical examinations;

967

abrogation of privileged communications; confidential records and

968

documents.--

969

     (2)  MEDICAL EXAMINATIONS.--

970

     (b)  Upon admission to a hospital or health care facility,

971

with the consent of the vulnerable adult who has capacity to

972

consent or that person's guardian, or pursuant to s. 415.1051,

973

the medical staff of the facility may examine, diagnose, or treat

974

the vulnerable adult. If a person who has legal authority to give

975

consent for the provision of medical treatment to a vulnerable

976

adult has not given or has refused to give such consent,

977

examination and treatment must be limited to reasonable

978

examination of the patient to determine the medical condition of

979

the patient and treatment reasonably necessary to alleviate the

980

medical condition or to stabilize the patient pending a

981

determination by the court of the department's petition

982

authorizing protective services. Any person may seek an expedited

983

judicial intervention under rule 5.900 of the Florida Probate

984

Rules concerning medical treatment procedures.

985

     Section 42.  Paragraph (c) of subsection (2) of section

986

415.1051, Florida Statutes, is amended to read:

987

     415.1051  Protective services interventions when capacity to

988

consent is lacking; nonemergencies; emergencies; orders;

989

limitations.--

990

     (2)  EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If the

991

department has reasonable cause to believe that a vulnerable

992

adult is suffering from abuse or neglect that presents a risk of

993

death or serious physical injury to the vulnerable adult and that

994

the vulnerable adult lacks the capacity to consent to emergency

995

protective services, the department may take action under this

996

subsection. If the vulnerable adult has the capacity to consent

997

and refuses consent to emergency protective services, emergency

998

protective services may not be provided.

999

     (c)  Emergency medical treatment.--If, upon admission to a

1000

medical facility, it is the opinion of the medical staff that

1001

immediate medical treatment is necessary to prevent serious

1002

physical injury or death, and that such treatment does not

1003

violate a known health care advance directive prepared by the

1004

vulnerable adult, the medical facility may proceed with treatment

1005

to the vulnerable adult. If a person with legal authority to give

1006

consent for the provision of medical treatment to a vulnerable

1007

adult has not given or has refused to give such consent,

1008

examination and treatment must be limited to reasonable

1009

examination of the patient to determine the medical condition of

1010

the patient and treatment reasonably necessary to alleviate the

1011

emergency medical condition or to stabilize the patient pending

1012

court determination of the department's petition authorizing

1013

emergency protective services. Any person may seek an expedited

1014

judicial intervention under rule 5.900 of the Florida Probate

1015

Rules concerning medical treatment procedures.

1016

     Section 43.  Paragraph (a) of subsection (7) and subsections

1017

(10) and (11) of section 429.293, Florida Statutes, are amended

1018

to read:

1019

     429.293  Presuit notice; investigation; notification of

1020

violation of residents' rights or alleged negligence; claims

1021

evaluation procedure; informal discovery; review; settlement

1022

offer; mediation.--

1023

     (7)  Informal discovery may be used by a party to obtain

1024

unsworn statements and the production of documents or things, as

1025

follows:

1026

     (a)  Unsworn statements.--Any party may require other

1027

parties to appear for the taking of an unsworn statement. Such

1028

statements may be used only for the purpose of claims evaluation

1029

and are not discoverable or admissible in any civil action for

1030

any purpose by any party. A party seeking to take the unsworn

1031

statement of any party must give reasonable notice in writing to

1032

all parties. The notice must state the time and place for taking

1033

the statement and the name and address of the party to be

1034

examined. Unless otherwise impractical, the examination of any

1035

party must be done at the same time by all other parties. Any

1036

party may be represented by counsel at the taking of an unsworn

1037

statement. An unsworn statement may be recorded electronically,

1038

stenographically, or on videotape. The procedure for the taking

1039

of an unsworn statement shall be as if the statement were an

1040

unsworn statement as provided in statements is subject to the

1041

provisions of the Florida Rules of Civil Procedure related to

1042

medical malpractice presuit screening. The taking of the

1043

statement and may be terminated for abuses.

1044

     (10)  To the extent not inconsistent with this part, the

1045

provisions of chapter 44 and the Florida Mediation Code, Florida

1046

Rules of Civil Procedure, shall be applicable to such

1047

proceedings.

1048

     (11)  Within 30 days after the claimant's receipt of

1049

defendant's response to the claim, the parties or their

1050

designated representatives shall meet in mediation to discuss the

1051

issues of liability and damages in accordance with chapter 44 and

1052

the mediation rules of practice and procedures adopted by the

1053

Supreme Court and applicable to civil actions in circuit court.

1054

Upon stipulation of the parties, this 30-day period may be

1055

extended and the statute of limitations is tolled during the

1056

mediation and any such extension. At the conclusion of mediation,

1057

the claimant shall have 60 days or the remainder of the period of

1058

the statute of limitations, whichever is greater, within which to

1059

file suit.

1060

     Section 44.  Subsection (1) of section 429.297, Florida

1061

Statutes, is amended to read:

1062

     429.297  Punitive damages; pleading; burden of proof.--

1063

     (1)  In any action for damages brought under this part, no

1064

claim for punitive damages shall be permitted unless there is a

1065

reasonable showing by evidence in the record or proffered by the

1066

claimant which would provide a reasonable basis for recovery of

1067

such damages. The claimant may move to amend her or his complaint

1068

to assert a claim for punitive damages as allowed by the rules of

1069

civil procedure. The rules of civil procedure shall be liberally

1070

construed so as to allow the claimant discovery of evidence which

1071

appears reasonably calculated to lead to admissible evidence on

1072

the issue of punitive damages. No discovery of financial worth

1073

shall proceed until after the pleading concerning punitive

1074

damages is permitted.

1075

     Section 45.  Section 440.31, Florida Statutes, is amended to

1076

read:

1077

     440.31  Witness fees.--

1078

     (1) Each witness who appears in obedience to a subpoena is

1079

shall be entitled to the same fees as witnesses in a civil action

1080

in the circuit court.; however, any

1081

     (2) Each expert witness, as defined in Rule 1.390(a) of the

1082

Florida Rules of Civil Procedure, who testifies shall have

1083

testified in any proceeding under this chapter shall be allowed a

1084

witness fee, including the cost of any exhibits used by such

1085

witness, in such reasonable amount as the judge of compensation

1086

claims may determine, not in excess of the rate prevailing in the

1087

locality for witness fees for such expert witnesses in workers'

1088

compensation proceedings, notwithstanding the limitation provided

1089

in s. 92.231. As used in this subsection, an expert witness is a

1090

person duly and regularly engaged in the practice of a profession

1091

who holds a professional degree from a university or college and

1092

who has had special professional training and experience, or a

1093

person possessed of special knowledge or skill about the subject

1094

upon which he or she is called to testify.

1095

     Section 46.  Subsection (2) of section 447.507, Florida

1096

Statutes, is amended to read:

1097

     447.507  Violation of strike prohibition; penalties.--

1098

     (2)  If a public employee, a group of employees, an employee

1099

organization, or any officer, agent, or representative of any

1100

employee organization engages in a strike in violation of s.

1101

447.505, either the commission or any public employer whose

1102

employees are involved or whose employees may be affected by the

1103

strike may file suit to enjoin the strike in the circuit court

1104

having proper jurisdiction and proper venue of such actions under

1105

the Florida Rules of Civil Procedure and Florida Statutes. The

1106

circuit court shall conduct a hearing, with notice to the

1107

commission and to all interested parties, at the earliest

1108

practicable time. If the plaintiff makes a prima facie showing

1109

that a violation of s. 447.505 is in progress or that there is a

1110

clear, real, and present danger that such a strike is about to

1111

commence, the circuit court shall issue a temporary injunction

1112

enjoining the strike. Upon final hearing, the circuit court shall

1113

either make the injunction permanent or dissolve it.

1114

     Section 47.  Subsection (9) of section 448.110, Florida

1115

Statutes, is amended to read:

1116

     448.110  State minimum wage; annual wage adjustment;

1117

enforcement.--

1118

     (9)  Actions brought pursuant to this section may be brought

1119

as a class action pursuant to Rule 1.220, Florida Rules of Civil

1120

Procedure. In any class action brought pursuant to this section,

1121

the plaintiffs shall prove, by a preponderance of the evidence,

1122

the individual identity of each class member and the individual

1123

damages of each class member.

1124

     Section 48.  Paragraph (a) of subsection (7) of section

1125

456.057, Florida Statutes, is amended to read:

1126

     456.057  Ownership and control of patient records; report or

1127

copies of records to be furnished.--

1128

     (7)(a)  Except as otherwise provided in this section and in

1129

s. 440.13(4)(c), such records may not be furnished to, and the

1130

medical condition of a patient may not be discussed with, any

1131

person other than the patient or the patient's legal

1132

representative or other health care practitioners and providers

1133

involved in the care or treatment of the patient, except upon

1134

written authorization of the patient. However, such records may

1135

be furnished without written authorization under the following

1136

circumstances:

1137

     1.  To any person, firm, or corporation that has procured or

1138

furnished such examination or treatment with the patient's

1139

consent.

1140

     2. When compulsory physical examination is made in a civil

1141

action pursuant to court rule. 1.360, Florida Rules of Civil

1142

Procedure, in which case Copies of the medical records shall be

1143

furnished to parties entitled to such records under the rule both

1144

the defendant and the plaintiff.

1145

     3.  In any civil or criminal action, unless otherwise

1146

prohibited by law, upon the issuance of a subpoena from a court

1147

of competent jurisdiction and proper notice to the patient or the

1148

patient's legal representative by the party seeking such records.

1149

     4.  For statistical and scientific research, provided the

1150

information is abstracted in such a way as to protect the

1151

identity of the patient or provided written permission is

1152

received from the patient or the patient's legal representative.

1153

     5.  To a regional poison control center for purposes of

1154

treating a poison episode under evaluation, case management of

1155

poison cases, or compliance with data collection and reporting

1156

requirements of s. 395.1027 and the professional organization

1157

that certifies poison control centers in accordance with federal

1158

law.

1159

     Section 49.  Paragraph (b) of subsection (3) of section

1160

518.112, Florida Statutes, is amended to read:

1161

     518.112  Delegation of investment functions.--

1162

     (3)  A fiduciary may delegate investment functions to an

1163

investment agent under subsection (1) or subsection (2), if:

1164

     (b)  In the case of a trust or estate, the fiduciary has

1165

given written notice, of its intention to begin delegating

1166

investment functions under this section, to all beneficiaries, or

1167

their legal representative, eligible to receive distributions

1168

from the trust or estate within 30 days of the delegation unless

1169

such notice is waived by the eligible beneficiaries entitled to

1170

receive such notice. This notice shall thereafter, until or

1171

unless the beneficiaries eligible to receive income from the

1172

trust or distributions from the estate at the time are notified

1173

to the contrary, authorize the trustee or legal representative to

1174

delegate investment functions pursuant to this subsection. This

1175

discretion to revoke the delegation does not imply under

1176

subsection (2) any continuing obligation to review the agent's

1177

actions.

1178

     1.  Notice to beneficiaries eligible to receive

1179

distributions from the trust from the estate, or their legal

1180

representatives shall be sufficient notice to all persons who may

1181

join the eligible class of beneficiaries in the future.

1182

     2.  Additionally, as used herein, legal representative

1183

includes one described in s. 731.303, without any requirement of

1184

a court order, an attorney-in-fact under a durable power of

1185

attorney sufficient to grant such authority, a legally appointed

1186

guardian, or equivalent under applicable law, any living, natural

1187

guardian of a minor child, or a guardian ad litem.

1188

     3.  Written notice shall be:

1189

     a.  By any form of mail or by any commercial delivery

1190

service, approved for service of process by the chief judge of

1191

the judicial circuit in which the trust has its principal place

1192

of business at the date of notice, requiring a signed receipt; or

1193

     b. As provided by law for service of process; or

1194

     c. By an elisor as may be provided in the Florida Rules of

1195

Civil Procedure.

1196

1197

Notice by mail or by approved commercial delivery service is

1198

complete on receipt of notice. Proof of notice must be by

1199

verified statement of the person mailing or sending notice, and

1200

there must be attached thereto the signed receipt or other

1201

satisfactory evidence that delivery was effected on the addressee

1202

or on the addressee's agent. Proof of notice must be maintained

1203

among the trustee's permanent records.

1204

     Section 50.  Subsection (4) of section 552.40, Florida

1205

Statutes, is amended to read:

1206

     552.40  Administrative remedy for alleged damage due to the

1207

use of explosives in connection with construction materials

1208

mining activities.--

1209

     (4)  The administrative judge shall issue an order directing

1210

mediation under Rule 1700 et seq., Florida Rules of Civil

1211

Procedure. The parties shall jointly select a mediator and the

1212

location of mediation. If the parties fail to do so within 30

1213

days after the order for mediation is issued, the administrative

1214

law judge shall designate the mediator and the location of

1215

mediation. Petitioner and respondent shall each pay one-half of

1216

the cost of mediation. If the petitioner's annual income is less

1217

than 150 percent of the applicable federal poverty guideline

1218

published in the Federal Register by the United States Department

1219

of Health and Human Services, the respondent shall bear the full

1220

cost of mediation. The mediation must be concluded within 60 days

1221

after the date of designation of the mediator unless the parties

1222

agree upon a different date.

1223

     Section 51.  Paragraph (b) of subsection (1) and subsection

1224

(5) of section 607.0505, Florida Statutes, are amended to read:

1225

     607.0505  Registered agent; duties.--

1226

     (1)

1227

     (b)  Each such corporation, foreign corporation, or alien

1228

business organization which fails to have and continuously

1229

maintain a registered office and a registered agent as required

1230

in this section will be liable to this state for $500 for each

1231

year, or part of a year, during which the corporation, foreign

1232

corporation, or alien business organization fails to comply with

1233

these requirements; but such liability will be forgiven in full

1234

upon the compliance by the corporation, foreign corporation, or

1235

alien business organization with the requirements of this

1236

subsection, even if such compliance occurs after an action to

1237

collect such liability is instituted. The Department of Legal

1238

Affairs may file an action in the circuit court for the judicial

1239

circuit in which the corporation, foreign corporation, or alien

1240

business organization is found or transacts business, or in which

1241

real property belonging to the corporation, foreign corporation,

1242

or alien business organization is located, to petition the court

1243

for an order directing that a registered agent be appointed and

1244

that a registered office be designated, and to obtain judgment

1245

for the amount owed under this subsection. In connection with

1246

such proceeding, the department may, without prior approval by

1247

the court, file a lis pendens against real property owned by the

1248

corporation, foreign corporation, or alien business organization,

1249

which lis pendens shall set forth the legal description of the

1250

real property and shall be filed in the public records of the

1251

county where the real property is located. If the lis pendens is

1252

filed in any county other than the county in which the action is

1253

pending, the lis pendens which is filed must be a certified copy

1254

of the original lis pendens. The failure to comply timely or

1255

fully with an order directing that a registered agent be

1256

appointed and that a registered office be designated will result

1257

in a civil penalty of not more than $1,000 for each day of

1258

noncompliance. A judgment or an order of payment entered pursuant

1259

to this subsection will become a judgment lien against any real

1260

property owned by the corporation, foreign corporation, or alien

1261

business organization when a certified copy of the judgment or

1262

order is recorded as required by s. 55.10. The department will be

1263

able to avail itself of, and is entitled to use, any provision of

1264

law or of the Florida Rules of Civil Procedure to further the

1265

collecting or obtaining of payment pursuant to a judgment or

1266

order of payment. The state, through the Attorney General, may

1267

bid, at any judicial sale to enforce its judgment lien, any

1268

amount up to the amount of the judgment or lien obtained pursuant

1269

to this subsection. All moneys recovered under this subsection

1270

shall be treated as forfeitures under ss. 895.01-895.09 and used

1271

or distributed in accordance with the procedure set forth in s.

1272

895.09. A corporation, foreign corporation, or alien business

1273

organization which fails to have and continuously maintain a

1274

registered office and a registered agent as required in this

1275

section may not defend itself against any action instituted by

1276

the Department of Legal Affairs or by any other agency of this

1277

state until the requirements of this subsection have been met.

1278

     (5)  If a corporation, foreign corporation, or alien

1279

business organization fails without lawful excuse to comply

1280

timely or fully with a subpoena issued pursuant to subsection

1281

(2), the Department of Legal Affairs may file an action in the

1282

circuit court for the judicial circuit in which the corporation,

1283

foreign corporation, or alien business organization is found or

1284

transacts business or in which real property belonging to the

1285

corporation, foreign corporation, or alien business organization

1286

is located, for an order compelling compliance with the subpoena.

1287

The failure without a lawful excuse to comply timely or fully

1288

with an order compelling compliance with the subpoena will result

1289

in a civil penalty of not more than $1,000 for each day of

1290

noncompliance with the order. In connection with such proceeding,

1291

the department may, without prior approval by the court, file a

1292

lis pendens against real property owned by the corporation,

1293

foreign corporation, or alien business organization, which lis

1294

pendens shall set forth the legal description of the real

1295

property and shall be filed in the public records of the county

1296

where the real property is located. If the lis pendens is filed

1297

in any county other than the county in which the action is

1298

pending, the lis pendens which is filed must be a certified copy

1299

of the original lis pendens. A judgment or an order of payment

1300

entered pursuant to this subsection will become a judgment lien

1301

against any real property owned by the corporation, foreign

1302

corporation, or alien business organization when a certified copy

1303

of the judgment or order is recorded as required by s. 55.10. The

1304

department will be able to avail itself of, and is entitled to

1305

use, any provision of law or of the Florida Rules of Civil

1306

Procedure to further the collecting or obtaining of payment

1307

pursuant to a judgment or order of payment. The state, through

1308

the Attorney General, may bid, at any judicial sale to enforce

1309

its judgment lien, an amount up to the amount of the judgment or

1310

lien obtained pursuant to this subsection. All moneys recovered

1311

under this subsection shall be treated as forfeitures under ss.

1312

895.01-895.09 and used or distributed in accordance with the

1313

procedure set forth in s. 895.09.

1314

     Section 52.  Paragraph (b) of subsection (1) and subsection

1315

(5) of section 617.0503, Florida Statutes, are amended to read:

1316

     617.0503  Registered agent; duties; confidentiality of

1317

investigation records.--

1318

     (1)

1319

     (b)  Each such corporation, foreign corporation, or alien

1320

business organization that fails to have and continuously

1321

maintain a registered office and a registered agent as required

1322

in this section is liable to this state for $500 for each year,

1323

or part of a year, during which the corporation, foreign

1324

corporation, or alien business organization fails to comply with

1325

these requirements; but this liability is forgiven in full upon

1326

the compliance by the corporation, foreign corporation, or alien

1327

business organization with the requirements of this subsection,

1328

even if that compliance occurs after an action to collect such

1329

amount is instituted. The Department of Legal Affairs may file an

1330

action in the circuit court for the judicial circuit in which the

1331

corporation, foreign corporation, or alien business organization

1332

is found or transacts business, or in which real property

1333

belonging to the corporation, foreign corporation, or alien

1334

business organization is located, to petition the court for an

1335

order directing that a registered agent be appointed and that a

1336

registered office be designated, and to obtain judgment for the

1337

amount owed under this subsection. In connection with such

1338

proceeding, the department may, without prior approval by the

1339

court, file a lis pendens against real property owned by the

1340

corporation, foreign corporation, or alien business organization,

1341

which lis pendens shall set forth the legal description of the

1342

real property and shall be filed in the public records of the

1343

county where the real property is located. If the lis pendens is

1344

filed in any county other than the county in which the action is

1345

pending, the lis pendens that is filed must be a certified copy

1346

of the original lis pendens. The failure to comply timely or

1347

fully with an order directing that a registered agent be

1348

appointed and that a registered office be designated will result

1349

in a civil penalty of not more than $1,000 for each day of

1350

noncompliance. A judgment or an order of payment entered under

1351

this subsection becomes a judgment lien against any real property

1352

owned by the corporation, foreign corporation, or alien business

1353

organization when a certified copy of the judgment or order is

1354

recorded as required by s. 55.10. The department may avail itself

1355

of, and is entitled to use, any provision of law or of the

1356

Florida Rules of Civil Procedure to further the collecting or

1357

obtaining of payment pursuant to a judgment or order of payment.

1358

The state, through the Attorney General, may bid, at any judicial

1359

sale to enforce its judgment lien, any amount up to the amount of

1360

the judgment or lien obtained pursuant to this subsection. All

1361

moneys recovered under this subsection shall be treated as

1362

forfeitures under ss. 895.01-895.09 and used or distributed in

1363

accordance with the procedure set forth in s. 895.09. A

1364

corporation, foreign corporation, or alien business organization

1365

that fails to have and continuously maintain a registered office

1366

and a registered agent as required in this section may not defend

1367

itself against any action instituted by the Department of Legal

1368

Affairs or by any other agency of this state until the

1369

requirements of this subsection have been met.

1370

     (5)  If a corporation, foreign corporation, or alien

1371

business organization fails without lawful excuse to comply

1372

timely or fully with a subpoena issued pursuant to subsection

1373

(2), the Department of Legal Affairs may file an action in the

1374

circuit court for the judicial circuit in which the corporation,

1375

foreign corporation, or alien business organization is found or

1376

transacts business or in which real property belonging to the

1377

corporation, foreign corporation, or alien business organization

1378

is located, for an order compelling compliance with the subpoena.

1379

The failure without a lawful excuse to comply timely or fully

1380

with an order compelling compliance with the subpoena will result

1381

in a civil penalty of not more than $1,000 for each day of

1382

noncompliance with the order. In connection with such proceeding,

1383

the department may, without prior approval by the court, file a

1384

lis pendens against real property owned by the corporation,

1385

foreign corporation, or alien business organization, which lis

1386

pendens shall set forth the legal description of the real

1387

property and shall be filed in the public records of the county

1388

where the real property is located. If the lis pendens is filed

1389

in any county other than the county in which the action is

1390

pending, the lis pendens that is filed must be a certified copy

1391

of the original lis pendens. A judgment or an order of payment

1392

entered pursuant to this subsection will become a judgment lien

1393

against any real property owned by the corporation, foreign

1394

corporation, or alien business organization when a certified copy

1395

of the judgment or order is recorded as required by s. 55.10. The

1396

department may avail itself of, and is entitled to use, any

1397

provision of law or of the Florida Rules of Civil Procedure to

1398

further the collecting or obtaining of payment pursuant to a

1399

judgment or order of payment. The state, through the Attorney

1400

General, may bid at any judicial sale to enforce its judgment

1401

lien, an amount up to the amount of the judgment or lien obtained

1402

pursuant to this subsection. All moneys recovered under this

1403

subsection shall be treated as forfeitures under ss. 895.01-

1404

895.09 and used or distributed in accordance with the procedure

1405

set forth in s. 895.09.

1406

     Section 53.  Subsection (1) of section 655.059, Florida

1407

Statutes, is amended to read:

1408

     655.059  Access to books and records; confidentiality;

1409

penalty for disclosure.--

1410

     (1)  The books and records of a financial institution are

1411

confidential and shall be made available for inspection and

1412

examination only:

1413

     (a)  To the office or its duly authorized representative;

1414

     (b)  To any person duly authorized to act for the financial

1415

institution;

1416

     (c)  To any federal or state instrumentality or agency

1417

authorized to inspect or examine the books and records of an

1418

insured financial institution;

1419

     (d)  With respect to an international banking corporation,

1420

to the home-country supervisor of the corporation, provided:

1421

     1.  The supervisor provides advance notice to the office

1422

that the supervisor intends to examine the Florida office of the

1423

corporation.

1424

     2.  The supervisor confirms to the office that the purpose

1425

of the examination is to ensure the safety and soundness of the

1426

corporation.

1427

     3.  The books and records pertaining to customer deposit,

1428

investment, and custodial accounts are not disclosed to the

1429

supervisor.

1430

     4.  At any time during the conduct of the examination, the

1431

office reserves the right to have an examiner present or to

1432

participate jointly in the examination.

1433

1434

For purposes of this paragraph, "home-country supervisor" means

1435

the governmental entity in the corporation's home country with

1436

responsibility for the supervision and regulation of the

1437

corporation;

1438

     (e)  As compelled by a court of competent jurisdiction,

1439

pursuant to a subpoena issued pursuant to the Florida Rules of

1440

Civil Procedure, the Florida Rules of Criminal Procedure, or the

1441

Federal Rules of Civil Procedure, or pursuant to a subpoena

1442

issued in accordance with state or federal law. Prior to the

1443

production of the books and records of a financial institution,

1444

the party seeking production must reimburse the financial

1445

institution for the reasonable costs and fees incurred in

1446

compliance with the production. If the parties disagree regarding

1447

the amount of reimbursement, the party seeking the records may

1448

request the court or agency having jurisdiction to set the amount

1449

of reimbursement;

1450

     (f)  As compelled by legislative subpoena as provided by

1451

law, in which case the provisions of s. 655.057 apply;

1452

     (g)  Pursuant to a subpoena, to any federal or state law

1453

enforcement or prosecutorial instrumentality authorized to

1454

investigate suspected criminal activity;

1455

     (h)  As authorized by the board of directors of the

1456

financial institution; or

1457

     (i)  As provided in subsection (2).

1458

     Section 54.  Paragraph (b) of subsection (4) of section

1459

713.346, Florida Statutes, is amended to read:

1460

     713.346  Payment on construction contracts.--

1461

     (4)  After service of the complaint, the court shall conduct

1462

an evidentiary hearing on the complaint, upon not less than 15

1463

days' written notice. The person providing labor, services, or

1464

materials is entitled to the following remedies to the extent of

1465

the undisputed amount due for labor or services performed or

1466

materials supplied, and upon proof of each allegation in the

1467

complaint:

1468

     (b)  A temporary injunction against the person who received

1469

the payment, subject to the bond requirements specified in the

1470

Florida Rules of Civil Procedure.

1471

     Section 55.  Paragraph (h) of subsection (4) of section

1472

718.1255, Florida Statutes, is amended to read:

1473

     718.1255  Alternative dispute resolution; voluntary

1474

mediation; mandatory nonbinding arbitration; legislative

1475

findings.--

1476

     (4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF

1477

DISPUTES.--The Division of Florida Land Sales, Condominiums, and

1478

Mobile Homes of the Department of Business and Professional

1479

Regulation shall employ full-time attorneys to act as arbitrators

1480

to conduct the arbitration hearings provided by this chapter. The

1481

division may also certify attorneys who are not employed by the

1482

division to act as arbitrators to conduct the arbitration

1483

hearings provided by this section. No person may be employed by

1484

the department as a full-time arbitrator unless he or she is a

1485

member in good standing of The Florida Bar. The department shall

1486

promulgate rules of procedure to govern such arbitration hearings

1487

including mediation incident thereto. The decision of an

1488

arbitrator shall be final; however, such a decision shall not be

1489

deemed final agency action. Nothing in this provision shall be

1490

construed to foreclose parties from proceeding in a trial de novo

1491

unless the parties have agreed that the arbitration is binding.

1492

If such judicial proceedings are initiated, the final decision of

1493

the arbitrator shall be admissible in evidence in the trial de

1494

novo.

1495

     (h)  Mediation proceedings must generally be conducted in

1496

accordance with chapter 44 the Florida Rules of Civil Procedure,

1497

and these proceedings are privileged and confidential to the same

1498

extent as court-ordered mediation. Persons who are not parties to

1499

the dispute are not allowed to attend the mediation conference

1500

without the consent of all parties, with the exception of counsel

1501

for the parties and corporate representatives designated to

1502

appear for a party. If the mediator declares an impasse after a

1503

mediation conference has been held, the arbitration proceeding

1504

terminates, unless all parties agree in writing to continue the

1505

arbitration proceeding, in which case the arbitrator's decision

1506

shall be either binding or nonbinding, as agreed upon by the

1507

parties; in the arbitration proceeding, the arbitrator shall not

1508

consider any evidence relating to the unsuccessful mediation

1509

except in a proceeding to impose sanctions for failure to appear

1510

at the mediation conference. If the parties do not agree to

1511

continue arbitration, the arbitrator shall enter an order of

1512

dismissal, and either party may institute a suit in a court of

1513

competent jurisdiction. The parties may seek to recover any costs

1514

and attorneys' fees incurred in connection with arbitration and

1515

mediation proceedings under this section as part of the costs and

1516

fees that may be recovered by the prevailing party in any

1517

subsequent litigation.

1518

     Section 56.  Paragraph (a) of subsection (2) of section

1519

720.311, Florida Statutes, is amended to read:

1520

     720.311  Dispute resolution.--

1521

     (2)(a)  Disputes between an association and a parcel owner

1522

regarding use of or changes to the parcel or the common areas and

1523

other covenant enforcement disputes, disputes regarding

1524

amendments to the association documents, disputes regarding

1525

meetings of the board and committees appointed by the board,

1526

membership meetings not including election meetings, and access

1527

to the official records of the association shall be the subject

1528

of a demand for presuit mediation served by an aggrieved party

1529

before the dispute is filed in court. Presuit mediation

1530

proceedings must be conducted in accordance with chapter 44 the

1531

applicable Florida Rules of Civil Procedure, and these

1532

proceedings are privileged and confidential to the same extent as

1533

court-ordered mediation. Disputes subject to presuit mediation

1534

under this section shall not include the collection of any

1535

assessment, fine, or other financial obligation, including

1536

attorney's fees and costs, claimed to be due or any action to

1537

enforce a prior mediation settlement agreement between the

1538

parties. Also, in any dispute subject to presuit mediation under

1539

this section where emergency relief is required, a motion for

1540

temporary injunctive relief may be filed with the court without

1541

first complying with the presuit mediation requirements of this

1542

section. After any issues regarding emergency or temporary relief

1543

are resolved, the court may either refer the parties to a

1544

mediation program administered by the courts or require mediation

1545

under this section. An arbitrator or judge may not consider any

1546

information or evidence arising from the presuit mediation

1547

proceeding except in a proceeding to impose sanctions for failure

1548

to attend a presuit mediation session or to enforce a mediated

1549

settlement agreement. Persons who are not parties to the dispute

1550

may not attend the presuit mediation conference without the

1551

consent of all parties, except for counsel for the parties and a

1552

corporate representative designated by the association. When

1553

mediation is attended by a quorum of the board, such mediation is

1554

not a board meeting for purposes of notice and participation set

1555

forth in s. 720.303. An aggrieved party shall serve on the

1556

responding party a written demand to participate in presuit

1557

mediation in substantially the following form:

1558

1559

1560

STATUTORY OFFER TO PARTICIPATE

1561

1562

1563

IN PRESUIT MEDIATION

1564

1565

1566

The alleged aggrieved party, ____________________, hereby demands

1567

that ____________________, as the responding party, engage in

1568

mandatory presuit mediation in connection with the following

1569

disputes, which by statute are of a type that are subject to

1570

presuit mediation:

1571

1572

1573

(List specific nature of the dispute or disputes to be mediated

1574

and the authority supporting a finding of a violation as to each

1575

dispute.)

1576

1577

1578

Pursuant to section 720.311, Florida Statutes, this demand to

1579

resolve the dispute through presuit mediation is required before

1580

a lawsuit can be filed concerning the dispute. Pursuant to the

1581

statute, the parties are required to engage in presuit mediation

1582

with a neutral third-party mediator in order to attempt to

1583

resolve this dispute without court action, and the aggrieved

1584

party demands that you likewise agree to this process. If you

1585

fail to participate in the mediation process, suit may be brought

1586

against you without further warning.

1587

1588

1589

The process of mediation involves a supervised negotiation

1590

process in which a trained, neutral third-party mediator meets

1591

with both parties and assists them in exploring possible

1592

opportunities for resolving part or all of the dispute. By

1593

agreeing to participate in presuit mediation, you are not bound

1594

in any way to change your position. Furthermore, the mediator has

1595

no authority to make any decisions in this matter or to determine

1596

who is right or wrong and merely acts as a facilitator to ensure

1597

that each party understands the position of the other party and

1598

that all options for reasonable settlement are fully explored.

1599

1600

1601

If an agreement is reached, it shall be reduced to writing and

1602

becomes a binding and enforceable commitment of the parties. A

1603

resolution of one or more disputes in this fashion avoids the

1604

need to litigate these issues in court. The failure to reach an

1605

agreement, or the failure of a party to participate in the

1606

process, results in the mediator declaring an impasse in the

1607

mediation, after which the aggrieved party may proceed to court

1608

on all outstanding, unsettled disputes. If you have failed or

1609

refused to participate in the entire mediation process, you will

1610

not be entitled to recover attorney's fees, even if you prevail.

1611

1612

1613

The aggrieved party has selected and hereby lists five certified

1614

mediators who we believe to be neutral and qualified to mediate

1615

the dispute. You have the right to select any one of these

1616

mediators. The fact that one party may be familiar with one or

1617

more of the listed mediators does not mean that the mediator

1618

cannot act as a neutral and impartial facilitator. Any mediator

1619

who cannot act in this capacity is required ethically to decline

1620

to accept engagement. The mediators that we suggest, and their

1621

current hourly rates, are as follows:

1622

1623

1624

(List the names, addresses, telephone numbers, and hourly rates

1625

of the mediators. Other pertinent information about the

1626

background of the mediators may be included as an attachment.)

1627

1628

1629

You may contact the offices of these mediators to confirm that

1630

the listed mediators will be neutral and will not show any

1631

favoritism toward either party. The Florida Supreme Court can

1632

provide you a list of certified mediators.

1633

1634

1635

Unless otherwise agreed by the parties, section 720.311(2)(b),

1636

Florida Statutes, requires that the parties share the costs of

1637

presuit mediation equally, including the fee charged by the

1638

mediator. An average mediation may require three to four hours of

1639

the mediator's time, including some preparation time, and the

1640

parties would need to share equally the mediator's fees as well

1641

as their own attorney's fees if they choose to employ an attorney

1642

in connection with the mediation. However, use of an attorney is

1643

not required and is at the option of each party. The mediators

1644

may require the advance payment of some or all of the anticipated

1645

fees. The aggrieved party hereby agrees to pay or prepay one-half

1646

of the mediator's estimated fees and to forward this amount or

1647

such other reasonable advance deposits as the mediator requires

1648

for this purpose. Any funds deposited will be returned to you if

1649

these are in excess of your share of the fees incurred.

1650

1651

1652

To begin your participation in presuit mediation to try to

1653

resolve the dispute and avoid further legal action, please sign

1654

below and clearly indicate which mediator is acceptable to you.

1655

We will then ask the mediator to schedule a mutually convenient

1656

time and place for the mediation conference to be held. The

1657

mediation conference must be held within ninety (90) days of this

1658

date, unless extended by mutual written agreement. In the event

1659

that you fail to respond within 20 days from the date of this

1660

letter, or if you fail to agree to at least one of the mediators

1661

that we have suggested or to pay or prepay to the mediator one-

1662

half of the costs involved, the aggrieved party will be

1663

authorized to proceed with the filing of a lawsuit against you

1664

without further notice and may seek an award of attorney's fees

1665

or costs incurred in attempting to obtain mediation.

1666

1667

1668

Therefore, please give this matter your immediate attention. By

1669

law, your response must be mailed by certified mail, return

1670

receipt requested, and by first-class mail to the address shown

1671

on this demand.

1672

1673

1674

______________________________

1675

1676

______________________________

1677

1678

1679

RESPONDING PARTY: YOUR SIGNATURE INDICATES YOUR AGREEMENT TO THAT

1680

CHOICE.

1681

1682

AGREEMENT TO MEDIATE

1683

1684

1685

The undersigned hereby agrees to participate in presuit mediation

1686

and agrees to attend a mediation conducted by the following

1687

mediator or mediators who are listed above as someone who would

1688

be acceptable to mediate this dispute:

1689

1690

1691

(List acceptable mediator or mediators.)

1692

1693

1694

I/we further agree to pay or prepay one-half of the mediator's

1695

fees and to forward such advance deposits as the mediator may

1696

require for this purpose.

1697

1698

1699

______________________________

1700

1701

Signature of responding party #1

1702

1703

1704

______________________________

1705

1706

Telephone contact information

1707

1708

1709

______________________________

1710

1711

Signature and telephone contact information of responding party

1712

#2 (if applicable)(if property is owned by more than one person,

1713

all owners must sign)

1714

     Section 57.  Subsection (2) of section 723.0381, Florida

1715

Statutes, is amended to read:

1716

     723.0381  Civil actions; arbitration.--

1717

     (2)  The court may refer the action to nonbinding

1718

arbitration pursuant to s. 44.103 and the Florida Rules of Civil

1719

Procedure. The court shall order the hearing to be held

1720

informally with presentation of testimony kept to a minimum and

1721

matters presented to the arbitrators primarily through the

1722

statements and arguments of counsel. The court shall assess the

1723

parties equally to pay the compensation awarded to the

1724

arbitrators if neither party requests a trial de novo. If a party

1725

has filed for a trial de novo, the party shall be assessed the

1726

arbitration costs, court costs, and other reasonable costs of the

1727

opposing party, including attorney's fees, investigation

1728

expenses, and expenses for expert or other testimony or evidence

1729

incurred after the arbitration hearing if the judgment upon the

1730

trial de novo is not more favorable than the arbitration

1731

decision. If subsequent to arbitration a party files for a trial

1732

de novo, the arbitration decision may be made known to the judge

1733

only after he or she has entered his or her order on the merits.

1734

     Section 58.  Subsection (1) of section 726.108, Florida

1735

Statutes, is amended to read:

1736

     726.108  Remedies of creditors.--

1737

     (1)  In an action for relief against a transfer or

1738

obligation under ss. 726.101-726.112, a creditor, subject to the

1739

limitations in s. 726.109 may obtain:

1740

     (a)  Avoidance of the transfer or obligation to the extent

1741

necessary to satisfy the creditor's claim;

1742

     (b)  An attachment or other provisional remedy against the

1743

asset transferred or other property of the transferee in

1744

accordance with applicable law;

1745

     (c) Subject to applicable principles of equity and in

1746

accordance with applicable rules of civil procedure:

1747

     (c)1. An injunction against further disposition by the

1748

debtor or a transferee, or both, of the asset transferred or of

1749

other property;

1750

     (d)2. Appointment of a receiver to take charge of the asset

1751

transferred or of other property of the transferee; or

1752

     (e)3. Any other relief the circumstances may require.

1753

     Section 59.  Paragraph (b) of subsection (2) of section

1754

727.104, Florida Statutes, is amended to read:

1755

     727.104  Commencement of proceedings.--

1756

     (2)  Within 10 days after delivery of the assignment to the

1757

assignee, the assignee shall:

1758

     (b)  File, in the office of the clerk of the court in the

1759

county of the assignor's place of business if it has one, in the

1760

county of its chief executive office if it has more than one

1761

place of business, or in the county of the assignor's residence

1762

if the assignor is an individual not engaged in business, in

1763

accordance with the procedures for filing a complaint as set

1764

forth in the Florida Rules of Civil Procedure, a petition setting

1765

forth the name and address of the assignor and the name and

1766

address of the assignee; a copy of the assignment, together with

1767

Schedules A and B; and a request that the court fix the amount of

1768

the assignee's bond to be filed with the clerk of the court. This

1769

bond shall be subject to reconsideration upon the motion of any

1770

party in interest after notice and hearing. The bond shall be

1771

payable to the clerk of the court, in an amount not less than

1772

double the liquidation value of the assets of the estate as set

1773

forth in Schedule B, conditioned upon the assignee's faithful

1774

discharge of her or his duties. Within 30 days after the court

1775

enters an order setting the amount of such bond, the assignee

1776

shall file the bond with the clerk of the court, who shall

1777

approve the bond.

1778

     Section 60.  Section 731.011, Florida Statutes, is amended

1779

to read:

1780

     731.011  Determination of substantive rights;

1781

procedures.--The code became effective on January 1, 1976. The

1782

substantive rights of all persons that vested prior to January 1,

1783

1976, shall be determined as provided in former chapters 731-737

1784

and 744-746. The procedures for the enforcement of vested

1785

substantive rights shall be as provided in the Florida Probate

1786

Rules.

1787

     Section 61.  Subsection (2) of section 732.107, Florida

1788

Statutes, is amended to read:

1789

     732.107  Escheat.--

1790

     (2) Property that escheats shall be sold as provided in the

1791

Florida Probate Rules and the proceeds paid to the Chief

1792

Financial Officer of the state and deposited in the State School

1793

Fund.

1794

     Section 62.  Subsection (3) of section 733.101, Florida

1795

Statutes, is amended to read:

1796

     733.101  Venue of probate proceedings.--

1797

     (3)  Whenever a proceeding is filed laying venue in an

1798

improper county, the court may transfer the action in the same

1799

manner as provided in the Florida Rules of Civil Procedure. Any

1800

action taken by the court or the parties before the transfer is

1801

not affected by the improper venue.

1802

     Section 63.  Subsection (3) of section 733.212, Florida

1803

Statutes, is amended to read:

1804

     733.212  Notice of administration; filing of objections.--

1805

     (3)  Any interested person on whom a copy of the notice of

1806

administration is served must object to the validity of the will,

1807

the qualifications of the personal representative, the venue, or

1808

the jurisdiction of the court by filing a petition or other

1809

pleading requesting relief in accordance with the Florida Probate

1810

Rules on or before the date that is 3 months after the date of

1811

service of a copy of the notice of administration on the

1812

objecting person, or those objections are forever barred.

1813

     Section 64.  Subsection (2) of section 733.6171, Florida

1814

Statutes, is amended to read:

1815

     733.6171  Compensation of attorney for the personal

1816

representative.--

1817

     (2)  The attorney, the personal representative, and persons

1818

bearing the impact of the compensation may agree to compensation

1819

determined in a different manner than provided in this section.

1820

Compensation may also be determined in a different manner than

1821

provided in this section if the manner is disclosed to the

1822

parties bearing the impact of the compensation and if no

1823

objection is made as provided for in the Florida Probate Rules.

1824

     Section 65.  Subsection (2) of section 733.705, Florida

1825

Statutes, is amended to read:

1826

     733.705  Payment of and objection to claims.--

1827

     (2)  On or before the expiration of 4 months from the first

1828

publication of notice to creditors or within 30 days from the

1829

timely filing or amendment of a claim, whichever occurs later, a

1830

personal representative or other interested person may file a

1831

written objection to a claim. If an objection is filed, the

1832

person filing it shall serve a copy of the objection as provided

1833

by the Florida Probate Rules. The failure to serve a copy of the

1834

objection constitutes an abandonment of the objection. For good

1835

cause, the court may extend the time for filing or serving an

1836

objection to any claim. Objection to a claim constitutes an

1837

objection to an amendment of that claim unless the objection is

1838

withdrawn.

1839

     Section 66.  Subsection (2) of section 734.102, Florida

1840

Statutes, is amended to read:

1841

     734.102  Ancillary administration.--

1842

     (2) Ancillary administration shall be commenced as provided

1843

by the Florida Probate Rules.

1844

     Section 67.  Subsection (4) of section 736.0109, Florida

1845

Statutes, is amended to read:

1846

     736.0109  Methods and waiver of notice.--

1847

     (4)  Notice of a judicial proceeding must be given as

1848

provided in statute and the applicable court rule Florida Rules

1849

of Civil Procedure.

1850

     Section 68.  Subsection (1) and paragraph (c) of subsection

1851

(9) of section 738.104, Florida Statutes, are amended to read:

1852

     738.104  Trustee's power to adjust.--

1853

     (1)  A trustee may adjust between principal and income to

1854

the extent the trustee considers necessary if the trustee invests

1855

and manages trust assets as a prudent investor, the terms of the

1856

trust describe the amount that may or shall be distributed to a

1857

beneficiary by referring to the trust's income, and the trustee

1858

determines, after applying the provisions of rules in s.

1859

738.103(1), that the trustee is unable to comply with s.

1860

738.103(2).

1861

     (9)

1862

     (c)  The statement referred to in this subsection shall be

1863

served informally by delivering a copy or mailing it to the

1864

beneficiary, in the manner provided in the Florida Rules of Civil

1865

Procedure relating to service of pleadings subsequent to the

1866

initial pleading. The statement may be served on a legal

1867

representative or natural guardian of a beneficiary without the

1868

filing of any proceeding or approval of any court.

1869

     Section 69.  Paragraph (c) of subsection (2) of section

1870

738.1041, Florida Statutes, is amended to read:

1871

     738.1041  Total return unitrust.--

1872

     (2)  A trustee may, without court approval, convert an

1873

income trust to a total return unitrust, reconvert a total return

1874

unitrust to an income trust, or change the percentage used to

1875

calculate the unitrust amount or the method used to determine the

1876

fair market value of the trust if:

1877

     (c)  The trustee sends written notice of its intention to

1878

take such action, along with copies of such written statement and

1879

this section, and, if applicable, the determinations of either

1880

the trustee or the disinterested person to:

1881

     1.  The grantor of the trust, if living.

1882

     2.  All living persons who are currently receiving or

1883

eligible to receive distributions of income of the trust.

1884

     3.  All living persons who would receive distributions of

1885

principal of the trust if the trust were to terminate at the time

1886

of the giving of such notice (without regard to the exercise of

1887

any power of appointment) or, if the trust does not provide for

1888

its termination, all living persons who would receive or be

1889

eligible to receive distributions of income or principal of the

1890

trust if the persons identified in subparagraph 2. were deceased.

1891

     4.  All persons acting as advisers or protectors of the

1892

trust.

1893

1894

Notice under this paragraph shall be served informally by

1895

delivering a copy or mailing it to the beneficiary, in the manner

1896

provided in the Florida Rules of Civil Procedure relating to

1897

service of pleadings subsequent to the initial pleading. Notice

1898

may be served on a legal representative or natural guardian of a

1899

person without the filing of any proceeding or approval of any

1900

court;

1901

     Section 70.  Paragraph (b) of subsection (5), paragraph (h)

1902

of subsection (6), and paragraph (b) of subsection (9) of section

1903

741.30, Florida Statutes, are amended to read:

1904

     741.30  Domestic violence; injunction; powers and duties of

1905

court and clerk; petition; notice and hearing; temporary

1906

injunction; issuance of injunction; statewide verification

1907

system; enforcement.--

1908

     (5)

1909

     (b)  In a hearing ex parte for the purpose of obtaining such

1910

ex parte temporary injunction, no evidence other than verified

1911

pleadings or affidavits shall be used as evidence, unless the

1912

respondent appears at the hearing or has received reasonable

1913

notice of the hearing. A denial of a petition for an ex parte

1914

injunction shall be by written order noting the legal grounds for

1915

denial. When the only ground for denial is no appearance of an

1916

immediate and present danger of domestic violence, the court

1917

shall set a full hearing on the petition for injunction with

1918

notice at the earliest possible time. Nothing herein affects a

1919

petitioner's right to promptly amend any petition, or otherwise

1920

be heard in person on any petition consistent with court rule the

1921

Florida Rules of Civil Procedure.

1922

     (6)

1923

     (h)  All proceedings under this subsection shall be

1924

recorded. Recording may be by electronic means as provided by the

1925

Rules of Judicial Administration.

1926

     (9)

1927

     (b)  If the respondent is arrested by a law enforcement

1928

officer under s. 901.15(6) or for a violation of s. 741.31, the

1929

respondent shall be held in custody until brought before the

1930

court as expeditiously as possible for the purpose of enforcing

1931

the injunction and for admittance to bail in accordance with

1932

chapter 903 and the applicable rules of criminal procedure,

1933

pending a hearing.

1934

     Section 71.  Subsection (2) of section 742.16, Florida

1935

Statutes, is amended to read:

1936

     742.16  Expedited affirmation of parental status for

1937

gestational surrogacy.--

1938

     (2)  After the petition is filed, the court shall fix a time

1939

and place for hearing the petition, which may be immediately

1940

after the filing of the petition. Notice of hearing shall be

1941

given as prescribed by court rule the rules of civil procedure,

1942

and service of process shall be made as specified by law for

1943

civil actions.

1944

     Section 72.  Subsection (11) of section 742.18, Florida

1945

Statutes, is amended to read:

1946

     742.18  Disestablishment of paternity or termination of

1947

child support obligation.--

1948

     (11)  Nothing in this section precludes an individual from

1949

seeking relief from a final judgment, decree, order, or

1950

proceeding pursuant to court rule 1.540, Florida Rules of Civil

1951

Procedure, or from challenging a paternity determination pursuant

1952

to s. 742.10(4).

1953

     Section 73.  Paragraph (d) of subsection (1) of section

1954

744.3025, Florida Statutes, is amended to read:

1955

     744.3025  Claims of minors.--

1956

     (1)

1957

     (d)  The duty of the guardian ad litem is to protect the

1958

minor's interests as described in the Florida Probate Rules.

1959

     Section 74.  Subsection (2) of section 744.307, Florida

1960

Statutes, is amended to read:

1961

     744.307  Foreign guardian may manage the property of

1962

nonresident ward.--

1963

     (2) The guardian shall designate a resident agent as

1964

required by the Florida Probate Rules.

1965

     Section 75.  Subsection (2) of section 744.447, Florida

1966

Statutes, is amended to read:

1967

     744.447  Petition for authorization to act.--

1968

     (2)  No notice of a petition to authorize a sale of

1969

perishable personal property or of property rapidly deteriorating

1970

shall be required. Notice of a petition to perform any other acts

1971

under s. 744.441 or s. 744.446 shall be given to the ward, to the

1972

next of kin, if any, and to those interested persons who have

1973

filed requests for notices and copies of pleadings, as provided

1974

in the Florida Probate Rules, unless waived by the court. Notice

1975

need not be given to a ward who is under 14 years of age or who

1976

has been determined to be totally incapacitated.

1977

     Section 76.  Section 765.105, Florida Statutes, is amended

1978

to read:

1979

     765.105  Review of surrogate or proxy's decision.--The

1980

patient's family, the health care facility, or the attending

1981

physician, or any other interested person who may reasonably be

1982

expected to be directly affected by the surrogate or proxy's

1983

decision concerning any health care decision may seek expedited

1984

judicial intervention pursuant to rule 5.900 of the Florida

1985

Probate Rules, if that person believes:

1986

     (1)  The surrogate or proxy's decision is not in accord with

1987

the patient's known desires or the provisions of this chapter;

1988

     (2)  The advance directive is ambiguous, or the patient has

1989

changed his or her mind after execution of the advance directive;

1990

     (3)  The surrogate or proxy was improperly designated or

1991

appointed, or the designation of the surrogate is no longer

1992

effective or has been revoked;

1993

     (4)  The surrogate or proxy has failed to discharge duties,

1994

or incapacity or illness renders the surrogate or proxy incapable

1995

of discharging duties;

1996

     (5)  The surrogate or proxy has abused powers; or

1997

     (6)  The patient has sufficient capacity to make his or her

1998

own health care decisions.

1999

     Section 77.  Section 765.113, Florida Statutes, is amended

2000

to read:

2001

     765.113  Restrictions on providing consent.--Unless the

2002

principal expressly delegates such authority to the surrogate in

2003

writing, or a surrogate or proxy has sought and received court

2004

approval pursuant to rule 5.900 of the Florida Probate Rules, a

2005

surrogate or proxy may not provide consent for:

2006

     (1)  Abortion, sterilization, electroshock therapy,

2007

psychosurgery, experimental treatments that have not been

2008

approved by a federally approved institutional review board in

2009

accordance with 45 C.F.R. part 46 or 21 C.F.R. part 56, or

2010

voluntary admission to a mental health facility.

2011

     (2)  Withholding or withdrawing life-prolonging procedures

2012

from a pregnant patient prior to viability as defined in s.

2013

390.0111(4).

2014

     Section 78.  Subsection (1) of section 768.72, Florida

2015

Statutes, is amended to read:

2016

     768.72  Pleading in civil actions; claim for punitive

2017

damages.--

2018

     (1)  In any civil action, no claim for punitive damages

2019

shall be permitted unless there is a reasonable showing by

2020

evidence in the record or proffered by the claimant which would

2021

provide a reasonable basis for recovery of such damages. The

2022

claimant may move to amend her or his complaint to assert a claim

2023

for punitive damages as allowed by the rules of civil procedure.

2024

The rules of civil procedure shall be liberally construed so as

2025

to allow the claimant discovery of evidence which appears

2026

reasonably calculated to lead to admissible evidence on the issue

2027

of punitive damages. No discovery of financial worth shall

2028

proceed until after the pleading concerning punitive damages is

2029

permitted.

2030

     Section 79.  Paragraph (a) of subsection (3) of section

2031

768.81, Florida Statutes, is amended to read:

2032

     768.81  Comparative fault.--

2033

     (3)  APPORTIONMENT OF DAMAGES.--In cases to which this

2034

section applies, the court shall enter judgment against each

2035

party liable on the basis of such party's percentage of fault and

2036

not on the basis of the doctrine of joint and several liability.

2037

     (a)  In order to allocate any or all fault to a nonparty, a

2038

defendant must affirmatively plead the fault of a nonparty and,

2039

absent a showing of good cause, identify the nonparty, if known,

2040

or describe the nonparty as specifically as practicable, either

2041

by motion or in the initial responsive pleading when defenses are

2042

first presented, subject to amendment any time before trial in

2043

accordance with court rule the Florida Rules of Civil Procedure.

2044

     Section 80.  Paragraph (b) of subsection (9) of section

2045

784.046, Florida Statutes, is amended to read:

2046

     784.046  Action by victim of repeat violence, sexual

2047

violence, or dating violence for protective injunction; powers

2048

and duties of court and clerk of court; filing and form of

2049

petition; notice and hearing; temporary injunction; issuance;

2050

statewide verification system; enforcement.--

2051

     (9)

2052

     (b)  If the respondent is arrested by a law enforcement

2053

officer under s. 901.15(6) for committing an act of repeat

2054

violence, sexual violence, or dating violence in violation of an

2055

injunction for protection, the respondent shall be held in

2056

custody until brought before the court as expeditiously as

2057

possible for the purpose of enforcing the injunction and for

2058

admittance to bail in accordance with chapter 903 and the

2059

applicable rules of criminal procedure, pending a hearing.

2060

     Section 81.  Subsection (4) of section 790.157, Florida

2061

Statutes, is amended to read:

2062

     790.157  Presumption of impairment; testing methods.--

2063

     (4) Any person charged with using a firearm while under the

2064

influence of alcoholic beverages or controlled substances to the

2065

extent that his or her normal faculties were impaired, whether in

2066

a municipality or not, shall be entitled to trial by jury

2067

according to the Florida Rules of Criminal Procedure.

2068

     Section 82.  Paragraph (h) of subsection (8) of section

2069

896.101, Florida Statutes, is amended to read:

2070

     896.101  Florida Money Laundering Act; definitions;

2071

penalties; injunctions; seizure warrants; immunity.--

2072

     (8)

2073

     (h)  Only the lawful owner or the account holder of the

2074

monetary instruments or funds being enjoined may request a

2075

hearing to contest the order entered pursuant to this section by

2076

petitioning the court that issued the order. A hearing must be

2077

held within 3 days after the request or as soon as practicable

2078

thereafter and before the expiration of the temporary order. The

2079

hearing must be set and noticed by the lawful owner of the

2080

monetary instruments or funds or his or her attorney. Notice of

2081

the hearing must be provided to the petitioner who procured the

2082

temporary injunction pursuant to the Florida Rules of Civil

2083

Procedure but not less than 24 hours before the scheduled

2084

hearing. The court may receive and consider at a hearing held

2085

pursuant to this subsection, evidence and information that would

2086

be inadmissible under the Florida Rules of Evidence. A proceeding

2087

under this subsection is governed by the Florida Rules of Civil

2088

Procedure.

2089

     Section 83.  Subsection (2) of section 916.13, Florida

2090

Statutes, is amended to read:

2091

     916.13  Involuntary commitment of defendant adjudicated

2092

incompetent.--

2093

     (2)  A defendant who has been charged with a felony and who

2094

has been adjudicated incompetent to proceed due to mental

2095

illness, and who meets the criteria for involuntary commitment to

2096

the department under the provisions of this chapter, may be

2097

committed to the department, and the department shall retain and

2098

treat the defendant. No later than 6 months after the date of

2099

admission and at the end of any period of extended commitment, or

2100

at any time the administrator or designee shall have determined

2101

that the defendant has regained competency to proceed or no

2102

longer meets the criteria for continued commitment, the

2103

administrator or designee shall file a report with the court

2104

pursuant to the applicable Florida Rules of Criminal Procedure.

2105

     Section 84.  Subsection of section 916.15, Florida Statutes,

2106

are amended to read:

2107

     916.15  Involuntary commitment of defendant adjudicated not

2108

guilty by reason of insanity.--

2109

     (3)  Every defendant acquitted of criminal charges by reason

2110

of insanity and found to meet the criteria for involuntary

2111

commitment may be committed and treated in accordance with the

2112

provisions of this section and the applicable Florida Rules of

2113

Criminal Procedure. The department shall admit a defendant so

2114

adjudicated to an appropriate facility or program for treatment

2115

and shall retain and treat such defendant. No later than 6 months

2116

after the date of admission, prior to the end of any period of

2117

extended commitment, or at any time the administrator or designee

2118

shall have determined that the defendant no longer meets the

2119

criteria for continued commitment placement, the administrator or

2120

designee shall file a report with the court pursuant to the

2121

applicable Florida Rules of Criminal Procedure.

2122

     Section 85.  Paragraph (a) of subsection (2) of section

2123

916.302, Florida Statutes, is amended to read:

2124

     916.302  Involuntary commitment of defendant determined to

2125

be incompetent to proceed.--

2126

     (2)  ADMISSION TO A FACILITY.--

2127

     (a)  A defendant who has been charged with a felony and who

2128

is found to be incompetent to proceed due to retardation or

2129

autism, and who meets the criteria for involuntary commitment to

2130

the agency under the provisions of this chapter, shall be

2131

committed to the agency, and the agency shall retain and provide

2132

appropriate training for the defendant. No later than 6 months

2133

after the date of admission or at the end of any period of

2134

extended commitment or at any time the administrator or designee

2135

shall have determined that the defendant has regained competency

2136

to proceed or no longer meets the criteria for continued

2137

commitment, the administrator or designee shall file a report

2138

with the court pursuant to this chapter and the applicable

2139

Florida Rules of Criminal Procedure.

2140

     Section 86.  Paragraph (g) of subsection (1) of section

2141

924.07, Florida Statutes, is amended to read:

2142

     924.07  Appeal by state.--

2143

     (1)  The state may appeal from:

2144

     (g) An order adjudicating a defendant insane under the

2145

Florida Rules of Criminal Procedure.

2146

     Section 87.  Paragraph (a) of subsection (6) of section

2147

932.704, Florida Statutes, is amended to read:

2148

     932.704  Forfeiture proceedings.--

2149

     (6)(a)  If the property is required by law to be titled or

2150

registered, or if the owner of the property is known in fact to

2151

the seizing agency, or if the seized property is subject to a

2152

perfected security interest in accordance with the Uniform

2153

Commercial Code, chapter 679, the attorney for the seizing agency

2154

shall serve the forfeiture complaint as an original service of

2155

process under the Florida Rules of Civil Procedure and other

2156

applicable law to each person having an ownership or security

2157

interest in the property. The seizing agency shall also publish,

2158

in accordance with chapter 50, notice of the forfeiture complaint

2159

once each week for 2 consecutive weeks in a newspaper of general

2160

circulation, as defined in s. 165.031, in the county where the

2161

seizure occurred.

2162

     Section 88.  Paragraph (d) of subsection (12) of section

2163

984.03, Florida Statutes, is amended to read:

2164

     984.03  Definitions.--When used in this chapter, the term:

2165

     (12)  "Child who is found to be dependent" or "dependent

2166

child" means a child who, pursuant to this chapter, is found by

2167

the court:

2168

     (d)  To have been voluntarily placed with a licensed child-

2169

placing agency for the purposes of subsequent adoption and a

2170

natural parent or parents have consented to termination of

2171

parental rights signed a consent pursuant to the Florida Rules of

2172

Juvenile Procedure.

2173

     Section 89.  Subsection (6) of section 984.04, Florida

2174

Statutes, is amended to read:

2175

     984.04  Families in need of services and children in need of

2176

services; procedures and jurisdiction.--

2177

     (6) All procedures, including petitions, pleadings,

2178

subpoenas, summonses, and hearings, in family-in-need-of-services

2179

cases and child-in-need-of-services cases shall be according to

2180

the Florida Rules of Juvenile Procedure unless otherwise provided

2181

by law.

2182

     Section 90.  Subsection (13) of section 984.19, Florida

2183

Statutes, is amended to read:

2184

     984.19  Medical screening and treatment of child;

2185

examination of parent, guardian, or person requesting custody.--

2186

     (13)  At any time after the filing of a petition for a child

2187

in need of services, when the mental or physical condition,

2188

including the blood group, of a parent, guardian, or other person

2189

requesting custody of a child is in controversy, the court may

2190

order the person to submit to a physical or mental examination by

2191

a qualified professional. The order may be made only upon good

2192

cause shown and pursuant to notice and procedures as set forth by

2193

the Florida Rules of Juvenile Procedure.

2194

     Section 91.  Paragraphs (a) and (b) of subsection (1) and

2195

paragraphs (a) and (b) of subsection (2) of section 984.20,

2196

Florida Statutes, are amended to read:

2197

     984.20  Hearings for child-in-need-of-services cases.--

2198

     (1)  ARRAIGNMENT HEARING.--

2199

     (a)  When a child has been taken into custody by order of

2200

the court, an arraignment hearing shall be held within 7 days

2201

after the date the child is taken into custody. The hearing shall

2202

be held for the child and the parent, guardian, or custodian to

2203

admit, deny, or consent to findings that a child is in need of

2204

services as alleged in the petition. If the child and the parent,

2205

guardian, or custodian admit or consent to the findings in the

2206

petition, the court shall proceed as set forth in the Florida

2207

Rules of Juvenile Procedure. However, if either the child or the

2208

parent, guardian, or custodian denies any of the allegations of

2209

the petition, the court shall hold an adjudicatory hearing within

2210

7 days after the date of the arraignment hearing.

2211

     (b)  When a child is in the custody of the parent, guardian,

2212

or custodian, upon the filing of a petition, the clerk shall set

2213

a date for an arraignment hearing within a reasonable time from

2214

the date of the filing of the petition. If the child and the

2215

parent, guardian, or custodian admit or consent to an

2216

adjudication, the court shall proceed as set forth in the Florida

2217

Rules of Juvenile Procedure. However, if either the child or the

2218

parent, guardian, or custodian denies any of the allegations of

2219

child in need of services, the court shall hold an adjudicatory

2220

hearing within a reasonable time from the date of the arraignment

2221

hearing.

2222

     (2)  ADJUDICATORY HEARING.--

2223

     (a)  The adjudicatory hearing shall be held as soon as

2224

practicable after the petition for a child in need of services is

2225

filed and in accordance with the Florida Rules of Juvenile

2226

Procedure, but reasonable delay for the purpose of investigation,

2227

discovery, or procuring counsel or witnesses shall, whenever

2228

practicable, be granted. If the child is in custody, the

2229

adjudicatory hearing shall be held within 14 days after the date

2230

the child was taken into custody.

2231

     (b)  Adjudicatory hearings shall be conducted by the judge

2232

without a jury, applying the rules of evidence in use in civil

2233

cases and adjourning the hearings from time to time as necessary.

2234

In a hearing on a petition in which it is alleged that the child

2235

is a child in need of services, a preponderance of evidence shall

2236

be required to establish that the child is in need of services.

2237

     Section 92.  Paragraph (e) of subsection (4) and paragraph

2238

(d) of subsection (6) of section 985.19, Florida Statutes, are

2239

amended to read:

2240

     985.19  Incompetency in juvenile delinquency cases.--

2241

     (4)  A child who is determined to have mental illness,

2242

mental retardation, or autism, who has been adjudicated

2243

incompetent to proceed, and who meets the criteria set forth in

2244

subsection (3), must be committed to the Department of Children

2245

and Family Services and receive treatment or training in a secure

2246

facility or program that is the least restrictive alternative

2247

consistent with public safety. Any placement of a child to a

2248

secure residential program must be separate from adult forensic

2249

programs. If the child attains competency, then custody, case

2250

management, and supervision of the child will be transferred to

2251

the department in order to continue delinquency proceedings;

2252

however, the court retains authority to order the Department of

2253

Children and Family Services to provide continued treatment or

2254

training to maintain competency.

2255

     (e)  The service provider must file a written report with

2256

the court pursuant to the applicable Florida Rules of Juvenile

2257

Procedure not later than 6 months after the date of commitment,

2258

or at the end of any period of extended treatment or training,

2259

and at any time the Department of Children and Family Services,

2260

through its service provider determines the child has attained

2261

competency or no longer meets the criteria for secure placement,

2262

or at such shorter intervals as ordered by the court. A copy of a

2263

written report evaluating the child's competency must be filed by

2264

the provider with the court and with the state attorney, the

2265

child's attorney, the department, and the Department of Children

2266

and Family Services.

2267

     (6)

2268

     (d)  The service provider must file a written report with

2269

the court pursuant to the applicable Florida Rules of Juvenile

2270

Procedure, not later than 6 months after the date of commitment,

2271

at the end of any period of extended treatment or training, and

2272

at any time the service provider determines the child has

2273

attained competency or will never attain competency, or at such

2274

shorter intervals as ordered by the court. A copy of a written

2275

report evaluating the child's competency must be filed by the

2276

provider with the court, the state attorney, the child's

2277

attorney, the Department of Children and Family Services, and the

2278

department.

2279

     Section 93.  Paragraph (g) of subsection (1) of section

2280

985.255, Florida Statutes, is amended to read:

2281

     985.255  Detention criteria; detention hearing.--

2282

     (1)  Subject to s. 985.25(1), a child taken into custody and

2283

placed into nonsecure or home detention care or detained in

2284

secure detention care prior to a detention hearing may continue

2285

to be detained by the court if:

2286

     (g)  The child is charged with any second degree or third

2287

degree felony involving a violation of chapter 893 or any third

2288

degree felony that is not also a crime of violence, and the

2289

child:

2290

     1.  Has a record of failure to appear at court hearings

2291

after being properly notified in accordance with the Rules of

2292

Juvenile Procedure;

2293

     2.  Has a record of law violations prior to court hearings;

2294

     3.  Has already been detained or has been released and is

2295

awaiting final disposition of the case;

2296

     4.  Has a record of violent conduct resulting in physical

2297

injury to others; or

2298

     5.  Is found to have been in possession of a firearm.

2299

     Section 94.  Subsection (6) of section 985.26, Florida

2300

Statutes, is amended to read:

2301

     985.26  Length of detention.--

2302

     (6)  If a child is detained and a petition for delinquency

2303

is filed, the child shall be arraigned in accordance with the

2304

Florida Rules of Juvenile Procedure within 48 hours after the

2305

filing of the petition for delinquency.

2306

     Section 95.  Subsection (1) of section 985.35, Florida

2307

Statutes, is amended to read:

2308

     985.35  Adjudicatory hearings; withheld adjudications;

2309

orders of adjudication.--

2310

     (1)  The adjudicatory hearing must be held as soon as

2311

practicable after the petition alleging that a child has

2312

committed a delinquent act or violation of law is filed and in

2313

accordance with the Florida Rules of Juvenile Procedure; but

2314

reasonable delay for the purpose of investigation, discovery, or

2315

procuring counsel or witnesses shall be granted. If the child is

2316

being detained, the time limitations in s. 985.26(2) and (3)

2317

apply.

2318

     Section 96.  Paragraph (b) of subsection (1) of section

2319

985.534, Florida Statutes, is amended to read:

2320

     985.534  Appeal.--

2321

     (1)  An appeal from an order of the court affecting a party

2322

to a case involving a child under this chapter may be taken to

2323

the appropriate district court of appeal within the time and in

2324

the manner prescribed by s. 924.051 and the Florida Rules of

2325

Appellate Procedure by:

2326

     (b)  The state, which may appeal from:

2327

     1.  An order dismissing a petition or any section thereof;

2328

     2.  An order granting a new adjudicatory hearing;

2329

     3.  An order arresting judgment;

2330

     4.  A ruling on a question of law when the child is

2331

adjudicated delinquent and appeals from the judgment;

2332

     5.  The disposition, on the ground that it is illegal;

2333

     6.  A judgment discharging a child on habeas corpus;

2334

     7. An order adjudicating a child insane under the Florida

2335

Rules of Juvenile Procedure; and

2336

     8.  All other preadjudicatory hearings, except that the

2337

state may not take more than one appeal under this subsection in

2338

any case.

2339

2340

In the case of an appeal by the state, the notice of appeal shall

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be filed by the appropriate state attorney or his or her

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authorized assistant under s. 27.18. Such an appeal shall embody

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all assignments of error in each preadjudicatory hearing order

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that the state seeks to have reviewed. The state shall pay all

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costs of the appeal except for the child's attorney's fee.

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     Section 97.  This act shall take effect July 1, 2008.