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

86

rule relating to the administrative establishment of child

87

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

88

reference to court rules regarding service of process;

89

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

90

a court rule relating to medical examinations; amending s.

91

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

92

rule relating to emergency protective services

93

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

94

reference to a specific chapter of court rules relating to

95

informal discovery; revising provisions relating to

96

informal discovery used to obtain unsworn statements;

97

amending s. 440.31, F.S.; removing specific reference to a

98

court rule relating to the definition of expert witnesses;

99

defining the term "expert witness"; amending s. 447.507,

100

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

101

violation of a strike prohibition; amending s. 448.110,

102

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

103

to state minimum wage and annual wage adjustment; amending

104

s. 456.057, F.S.; removing reference to a specific court

105

rule relating to the furnishing of patient records;

106

amending s. 518.112, F.S.; removing a reference to court

107

rules relating to delegation of investment functions;

108

amending s. 552.40, F.S.; removing specific reference to a

109

court rule relating to an administrative remedy for

110

alleged damage due to the use of explosives in mining;

111

amending ss. 607.0505 and 617.0503, F.S.; removing

112

reference to court rules relating to registered agents of

113

corporations; amending s. 713.346, F.S.; removing a

114

reference to bond requirements in court rules relating to

115

payment on construction contracts; amending s. 718.1255,

116

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

117

mandatory nonbinding arbitration and mediation of

118

disputes; providing a reference to a specific chapter of

119

court rules relating to mandatory nonbinding arbitration

120

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

121

removing a reference to court rules relating to dispute

122

resolution; providing reference to a specific chapter of

123

court rules relating to dispute resolution; amending s.

124

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

125

relating to civil arbitration actions; amending s.

126

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

127

relating to remedies of creditors; amending s. 727.104,

128

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

129

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

130

removing a reference to court rules relating to

131

determination and procedure of substantive rights;

132

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

133

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

134

removing a reference to court rules relating to venue of

135

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

136

reference to court rules relating to notice of

137

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

138

reference to court rules relating to compensation of

139

attorneys for the personal representative; amending s.

140

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

141

relating to the payment of and objection to claims;

142

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

143

rules relating to ancillary administration; amending s.

144

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

145

relating to methods and waiver of notice; amending s.

146

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

147

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

148

delivering or mailing a copy of the statement to the

149

beneficiary relating to a trustee's power to adjust;

150

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

151

rules relating to a total return unitrust; providing for

152

delivering or mailing a copy of the statement to the

153

beneficiary relating to total return unitrust; amending s.

154

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

155

to injunctions for domestic violence; amending s. 742.16,

156

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

157

expedited affirmation of parent status for gestational

158

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

159

reference to a court rule relating to disestablishment of

160

paternity or termination of a child support obligation;

161

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

162

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

163

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

164

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

165

reference to court rules relating to a petition for

166

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

167

specific reference to a court rule relating to the review

168

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

169

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

170

relating to restrictions on providing consent; amending s.

171

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

172

to apportionment of damages in comparative fault; amending

173

s. 784.046, F.S.; removing a reference to court rules

174

relating to repeat violence, sexual violence, or dating

175

violence; amending s. 790.157, F.S.; removing a reference

176

to trial by jury in court rules relating to the

177

presumption of impairment; amending s. 896.101, F.S.;

178

removing a reference to court rules relating to the

179

Florida Money Laundering Act; amending s. 916.13, F.S.;

180

removing a reference to court rules relating to

181

involuntary commitment of a defendant who is adjudicated

182

incompetent; amending s. 916.15, F.S.; removing a

183

reference to court rules relating to involuntary

184

commitment of a defendant who is adjudicated not guilty by

185

reason of insanity; amending s. 916.302, F.S.; removing a

186

reference to court rules relating to involuntary

187

commitment of a defendant who is determined incompetent to

188

proceed; amending s. 924.07, F.S.; removing a reference to

189

court rules relating to appeals by the state; amending s.

190

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

191

relating to forfeiture proceedings; amending s. 984.03,

192

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

193

definition of a dependent child; redefining the term

194

"dependent child"; amending s. 984.04, F.S.; removing a

195

reference to court rules relating to families and children

196

in need of services; amending s. 984.19, F.S.; removing a

197

reference to court rules relating to medical screening and

198

treatment regarding custody; amending s. 984.20, F.S.;

199

removing references to court rules relating to hearings

200

for child-in-need-of-services cases; amending s. 985.19,

201

F.S.; removing references to court rules relating to

202

incompetency in juvenile delinquency cases; amending s.

203

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

204

relating to detention criteria and hearings; amending s.

205

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

206

to length of detention; amending s. 985.35, F.S.; removing

207

a reference to court rules relating to adjudicatory

208

hearings; amending s. 985.534, F.S.; removing a reference

209

to court rules relating to appeals; providing an effective

210

date.

211

212

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

213

214

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

215

27.51, Florida Statutes, are amended to read:

216

     27.51  Duties of public defender.--

217

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

218

public defender on behalf of an accused and challenging a

219

judgment of conviction and sentence of death terminate in an

220

affirmance of such conviction and sentence, whether by the

221

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

222

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

223

federal court, the public defender shall notify the accused of

224

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

225

correct sentence pursuant to court rule 3.850, Florida Rules of

226

Criminal Procedure, including any time limits pertinent thereto,

227

and shall advise such person that representation in any

228

collateral proceedings is the responsibility of the capital

229

collateral regional counsel. The public defender shall then

230

forward all original files on the matter to the capital

231

collateral regional counsel, retaining such copies for his or her

232

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

233

the power to appoint the public defender or other attorney not

234

employed by the capital collateral regional counsel to represent

235

such person in proceedings for relief by executive clemency

236

pursuant to ss. 27.40 and 27.5303.

237

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

238

Statutes, is amended to read:

239

     34.01  Jurisdiction of county court.--

240

     (2)  The county courts shall have jurisdiction previously

241

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

242

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

243

hear matters involving dissolution of marriage under the

244

simplified dissolution procedure pursuant to the Florida Family

245

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

246

in cases where the matter is uncontested, and the jurisdiction

247

previously exercised by county courts, the claims court, small

248

claims courts, small claims magistrates courts, magistrates

249

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

250

of chartered counties, including but not limited to the counties

251

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

252

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

253

State Constitution of 1968.

254

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

255

Statutes, is amended to read:

256

     34.011  Jurisdiction in landlord and tenant cases.--

257

     (2)  The county court shall have exclusive jurisdiction of

258

proceedings relating to the right of possession of real property

259

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

260

except that the circuit court also has jurisdiction if the amount

261

in controversy exceeds the jurisdictional limits of the county

262

court or the circuit court otherwise has jurisdiction as provided

263

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

264

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

265

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

266

shall be resolved by the circuit court.

267

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

268

Statutes, is amended to read:

269

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

270

context otherwise requires:

271

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

272

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

273

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

274

child's parent or parents or legal custodians;

275

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

276

Department of Health and Rehabilitative Services, or a licensed

277

child-placing agency for purpose of adoption;

278

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

279

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

280

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

281

Rehabilitative Services, after which placement, under the

282

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

283

parent or parents or legal custodians have failed to

284

substantially comply with the requirements of the plan;

285

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

286

placing agency for the purposes of subsequent adoption, and a

287

parent or parents have signed a consent to termination of

288

parental rights pursuant to the Florida Rules of Juvenile

289

Procedure;

290

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

291

providing supervision and care; or

292

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

293

abandonment, or neglect by the parent or parents or legal

294

custodians.

295

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

296

Statutes, is amended to read:

297

     39.4086  Pilot program for attorneys ad litem for dependent

298

children.--

299

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

300

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

301

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

302

The Office of the State Courts Administrator, in consultation

303

with the Dependency Court Improvement Committee of the Supreme

304

Court, shall develop implementation guidelines for the attorney

305

ad litem pilot program.

306

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

307

Statutes, is amended to read:

308

     39.504  Injunction pending disposition of petition;

309

penalty.--

310

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

311

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

312

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

313

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

314

issue an emergency injunction pursuant to this section without

315

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

316

judicial business. When such an immediate injunction is issued,

317

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

318

business either to dissolve the injunction or to continue or

319

modify it in accordance with the other provisions of this

320

section.

321

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

322

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

323

     39.507  Adjudicatory hearings; orders of adjudication.--

324

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

325

practicable after the petition for dependency is filed and in

326

accordance with court rule the Florida Rules of Juvenile

327

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

328

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

329

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

330

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

331

public upon determining that the public interest or the welfare

332

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

333

custodians shall be allowed to obtain discovery pursuant to court

334

rule the Florida Rules of Juvenile Procedure, provided such

335

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

336

involving more than one child may be held simultaneously when the

337

children involved are related to each other or were involved in

338

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

339

custodians of the child may be examined separately and apart from

340

each other.

341

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

342

section 39.603, Florida Statutes, are amended to read:

343

     39.603  Court approvals of case planning.--

344

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

345

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

346

shall occur in conjunction with the disposition hearing unless

347

otherwise directed by the court, the court shall determine:

348

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

349

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

350

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

351

Florida Rules of Civil Procedure, to represent the interests of

352

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

353

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

354

based upon the physical, emotional, or mental condition or

355

physical location of the parent.

356

     (d)  In involuntary placements, whether each parent was

357

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

358

proceedings, in accordance with the Florida Rules of Juvenile

359

Procedure.

360

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

361

section 39.701, Florida Statutes, are amended to read:

362

     39.701  Judicial review.--

363

     (2)

364

     (b)  Citizen review panels may conduct hearings to review

365

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

366

appropriate for referral to the citizen review panels and may

367

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

368

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

369

citizen review panel. Whenever such an objection has been filed

370

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

371

objection and may conduct the review itself or refer the review

372

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

373

exception to the findings or recommended orders of a citizen

374

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

375

Civil Procedure.

376

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

377

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

378

citizen review panel hearing, each party may propose a

379

recommended order to the chairperson of the panel. Thereafter,

380

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

381

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

382

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

383

recommended order must be limited to the dispositional options

384

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

385

exceptions to the report and recommended order of the citizen

386

review panel in accordance with Rule 1.490, Florida Rules of

387

Civil Procedure.

388

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

389

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

390

     39.801  Procedures and jurisdiction; notice; service of

391

process.--

392

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

393

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

394

following requirements must be met:

395

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

396

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

397

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

398

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

399

actions.

400

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

401

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

402

notice must be given under this subsection if the person

403

executes, before two witnesses and a notary public or other

404

officer authorized to take acknowledgments, a written surrender

405

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

406

department.

407

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

408

fails to personally appear at the advisory hearing, the failure

409

to personally appear shall constitute consent for termination of

410

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

411

for the advisory hearing and the court orders that parent to

412

personally appear at the adjudicatory hearing for the petition

413

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

414

location of said hearing, then failure of that parent to

415

personally appear at the adjudicatory hearing shall constitute

416

consent for termination of parental rights.

417

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

418

Statutes, is amended to read:

419

     39.802  Petition for termination of parental rights; filing;

420

elements.--

421

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

422

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

423

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

424

by an employee of the department, under oath stating the

425

petitioner's good faith in filing the petition.

426

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

427

39.807, Florida Statutes, is amended to read:

428

     39.807  Right to counsel; guardian ad litem.--

429

     (2)

430

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

431

pleadings and papers as provided by the Florida Rules of Juvenile

432

Procedure.

433

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

434

Statutes, is amended to read:

435

     39.824  Procedures and jurisdiction.--

436

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

437

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

438

All procedures, including petitions, pleadings, subpoenas,

439

summonses, and hearings in cases for the appointment of a

440

guardian advocate shall be according to the Florida Rules of

441

Juvenile Procedure unless otherwise provided by law.

442

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

443

read:

444

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

445

petition for appointment of a guardian advocate may be filed by

446

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

447

care professional, or any other interested person. The petition

448

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

449

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

450

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

451

Florida Rules of Juvenile Procedure.

452

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

453

Statutes, is amended to read:

454

     48.27  Certified process servers.--

455

     (3)  Nothing herein shall be interpreted to exclude a

456

sheriff or deputy or other person appointed by the sheriff

457

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

458

from appointment by individual motion and order to serve process

459

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

460

Florida Rules of Civil Procedure.

461

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

462

Statutes, is amended to read:

463

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

464

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

465

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

466

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

467

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

468

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

469

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

470

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

471

legal and equitable defenses, and proceedings for reopening,

472

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

473

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

474

state.

475

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

476

Statutes, is amended to read:

477

     56.29  Proceedings supplementary.--

478

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

479

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

480

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

481

as provided for service of papers in the rules of civil

482

procedure.

483

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

484

61.1301, Florida Statutes, is amended to read:

485

     61.1301  Income deduction orders.--

486

     (2)  ENFORCEMENT OF INCOME DEDUCTION ORDERS.--

487

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

488

proceeding under this section shall be made in the manner

489

prescribed in court rule the Florida Rules of Civil Procedure for

490

service upon parties.

491

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

492

this section shall be made by prepaid certified mail, return

493

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

494

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

495

61.14, Florida Statutes, is amended to read:

496

     61.14  Enforcement and modification of support, maintenance,

497

or alimony agreements or orders.--

498

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

499

depository or through the State Disbursement Unit, any payment or

500

installment of support which becomes due and is unpaid under any

501

support order is delinquent; and this unpaid payment or

502

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

503

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

504

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

505

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

506

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

507

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

508

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

509

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

510

amount of support payments due the obligee under the judgment has

511

been paid.

512

     2.  A certified statement by the local depository evidencing

513

a delinquency in support payments constitute evidence of the

514

final judgment under this paragraph.

515

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

516

to any unpaid payment or installment of support which has accrued

517

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

518

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

519

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

520

any unpaid payment or installment of support which accrues after

521

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

522

support order. This subparagraph does not prohibit the court from

523

providing relief from the judgment pursuant to court rule 1.540,

524

Florida Rules of Civil Procedure.

525

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

526

Statutes, is amended to read:

527

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

528

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

529

3.840, Florida Rules of Criminal Procedure, whether denominated

530

direct or indirect criminal contempt, the court shall have

531

authority to:

532

     (a)  Appoint an attorney to prosecute said contempt.

533

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

534

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

535

to pay such costs and fees.

536

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

537

who may enforce the order in his or her name.

538

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

539

Florida Statutes, are amended to read:

540

     63.087  Proceeding to terminate parental rights pending

541

adoption; general provisions.--

542

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

543

summons to be issued substantially in the form provided in Form

544

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

545

shall be served upon any person whose consent has been provided

546

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

547

hearing thereon and also upon any person whose consent is

548

required but who has not provided that consent.

549

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

550

pleading requiring an answer shall be filed in accordance with

551

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

552

response or to appear at the hearing on the petition constitutes

553

grounds upon which the court may terminate parental rights. The

554

petitioner shall provide notice of the final hearing by United

555

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

556

and petition for termination of parental rights within the

557

specified time periods. Notwithstanding the filing of any answer

558

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

559

parental rights pending adoption whose consent to adoption is

560

required under s. 63.062 must:

561

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

562

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

563

may consult with an attorney; and

564

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

565

petition.

566

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

567

Statutes, is amended to read:

568

     63.122  Notice of hearing on petition.--

569

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

570

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

571

made as required by court rule specified by law for civil

572

actions.

573

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

574

Statutes, is amended to read:

575

     68.083  Civil actions for false claims.--

576

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

577

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

578

instituted under this act shall be governed by the Florida Rules

579

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

580

of Florida. Prior to the court unsealing the complaint under

581

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

582

person bringing the action only if the department gives written

583

consent to the dismissal and its reasons for such consent.

584

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

585

read:

586

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

587

found for plaintiff, judgment shall be entered that plaintiff

588

recover possession of the premises. If the plaintiff expressly

589

and specifically sought money damages in the complaint, in

590

addition to awarding possession of the premises to the plaintiff,

591

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

592

jurisdictional limitations, the entry of a money judgment in

593

favor of the plaintiff and against the defendant for the amount

594

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

595

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

596

of process has been effected by personal service or, where

597

authorized by law, by certified or registered mail, return

598

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

599

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

600

compliance with the Florida Rules of Civil Procedure. Where

601

otherwise authorized by law, the plaintiff in the judgment for

602

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

603

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

604

be entered dismissing the action.

605

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

606

read:

607

     83.625  Power to award possession and enter money

608

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

609

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

610

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

611

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

612

addition to awarding possession of the premises to the landlord,

613

shall direct, in an amount which is within its jurisdictional

614

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

615

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

616

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

617

money judgment shall be entered unless service of process has

618

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

619

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

620

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

621

judgment may be entered except in compliance with the Florida

622

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

623

also be awarded attorney's fees and costs.

624

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

625

222.30, Florida Statutes, is amended to read:

626

     222.30  Fraudulent asset conversions.--

627

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

628

conversion, a creditor may obtain:

629

     (c) Subject to applicable principles of equity and in

630

accordance with applicable rules of civil procedure:

631

     1.  An injunction against further conversion by the debtor

632

of the asset or of other property.

633

     2.  Any other relief the circumstances may require.

634

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

635

255.071, Florida Statutes, is amended to read:

636

     255.071  Payment of subcontractors, sub-subcontractors,

637

materialmen, and suppliers on construction contracts for public

638

projects.--

639

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

640

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

641

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

642

materials is entitled to the following remedies to the extent of

643

the undisputed amount due for labor or services performed or

644

materials supplied, and upon proof of each allegation in the

645

complaint:

646

     (b)  A temporary injunction against the person who received

647

the payment, subject to the bond requirements specified in court

648

rule the Florida Rules of Civil Procedure.

649

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

650

Statutes, is amended to read:

651

     316.1934  Presumption of impairment; testing methods.--

652

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

653

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

654

according to the Florida Rules of Criminal Procedure.

655

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

656

Statutes, is amended to read:

657

     327.354  Presumption of impairment; testing methods.--

658

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

659

entitled to trial by jury according to the Florida Rules of

660

Criminal Procedure.

661

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

662

Statutes, is amended to read:

663

     364.183  Access to company records.--

664

     (2)  Discovery in any docket or proceeding before the

665

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

666

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

667

or other person and a finding by the commission that discovery

668

will require the disclosure of proprietary confidential business

669

information, the commission shall issue an appropriate protective

670

order designating the manner for handling such information during

671

the course of the proceeding and for protecting such information

672

from disclosure outside the proceeding. Such proprietary

673

confidential business information shall be exempt from s.

674

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

675

for which proprietary confidential business information status is

676

requested shall be treated by the commission and the Office of

677

the Public Counsel and any other party subject to the public

678

records law as confidential and shall be exempt from s.

679

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

680

commission or the return of the records to the person providing

681

the records. Any record which has been determined to be

682

proprietary confidential business information and is not entered

683

into the official record of the proceeding shall be returned to

684

the person providing the record within 60 days after the final

685

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

686

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

687

the decision on appeal. The commission shall adopt the necessary

688

rules to implement this subsection.

689

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

690

Statutes, is amended to read:

691

     366.093  Public utility records; confidentiality.--

692

     (2)  Discovery in any docket or proceeding before the

693

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

694

the Florida Rules of Civil Procedure. Information which affects a

695

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

696

for purposes of discovery in any docket or proceeding where the

697

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

698

shall determine whether information requested in discovery

699

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

700

utility or other person and a finding by the commission that

701

discovery will require the disclosure of proprietary confidential

702

business information, the commission shall issue appropriate

703

protective orders designating the manner for handling such

704

information during the course of the proceeding and for

705

protecting such information from disclosure outside the

706

proceeding. Such proprietary confidential business information

707

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

708

to a discovery request for which proprietary confidential

709

business information status is requested shall be treated by the

710

commission and the office of the Public Counsel and any other

711

party subject to the public records law as confidential and shall

712

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

713

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

714

person providing the records. Any record which has been

715

determined to be proprietary confidential business information

716

and is not entered into the official record of the proceeding

717

must be returned to the person providing the record within 60

718

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

719

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

720

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

721

adopt the necessary rules to implement this provision.

722

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

723

Statutes, is amended to read:

724

     367.156  Public utility records; confidentiality.--

725

     (2)  Discovery in any docket or proceeding before the

726

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

727

the Florida Rules of Civil Procedure. Information which affects a

728

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

729

for purposes of discovery in any docket or proceeding where the

730

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

731

shall determine whether information requested in discovery

732

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

733

utility or other person and a finding by the commission that

734

discovery will require the disclosure of proprietary confidential

735

business information, the commission shall issue appropriate

736

protective orders designating the manner for handling such

737

information during the course of the proceeding and for

738

protecting such information from disclosure outside the

739

proceeding. Such proprietary confidential business information

740

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

741

to a discovery request for which proprietary confidential

742

business information status is requested shall be treated by the

743

commission and the office of the Public Counsel and any other

744

party subject to the public records act as confidential and shall

745

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

746

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

747

person providing the records. Any record which has been

748

determined to be proprietary confidential business information

749

and is not entered into the official record of the proceeding

750

must be returned to the person providing the record within 60

751

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

752

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

753

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

754

adopt the necessary rules to implement this provision.

755

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

756

Statutes, is amended to read:

757

     368.108  Confidentiality; discovery.--

758

     (2)  Discovery in any docket or proceeding before the

759

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

760

the Florida Rules of Civil Procedure. Information which affects a

761

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

762

be considered relevant for purposes of discovery in any docket or

763

proceeding where the natural gas transmission company's rates or

764

cost of service are at issue. The commission shall determine

765

whether information requested in discovery affects a natural gas

766

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

767

by a natural gas transmission company or other person and a

768

finding by the commission that discovery will require the

769

disclosure of proprietary confidential business information, the

770

commission shall issue appropriate protective orders designating

771

the manner for handling such information during the course of the

772

proceeding and for protecting such information from disclosure

773

outside the proceeding. Such proprietary confidential business

774

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

775

provided pursuant to a discovery request for which proprietary

776

confidential business information status is requested shall be

777

treated by the commission and the office of the Public Counsel

778

and any other party subject to the public records law as

779

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

780

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

781

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

782

has been determined to be proprietary confidential business

783

information and is not entered into the official record of the

784

proceeding must be returned to the person providing the record

785

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

786

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

787

returned within 30 days after the decision on appeal. The

788

commission shall adopt the necessary rules to implement this

789

provision.

790

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

791

Statutes, is amended to read:

792

     392.60  Right of appeal; immediate release.--

793

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

794

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

795

period of time provided by the Florida Rules of Appellate

796

Procedure within which to appeal an order of from the circuit

797

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

798

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

799

court entering such order or the appellate court, in its

800

discretion, enters a supersedeas order and fixes the terms and

801

conditions thereof.

802

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

803

393.11, Florida Statutes, is amended to read:

804

     393.11  Involuntary admission to residential services.--

805

     (12)  APPEAL.--

806

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

807

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

808

district court of appeal within the time and in the manner

809

prescribed by the Florida Rules of Appellate Procedure.

810

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

811

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

812

amended to read:

813

     393.12  Capacity; appointment of guardian advocate.--

814

     (1)  CAPACITY.--

815

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

816

disabilities shall be determined in a separate proceeding

817

according to the procedures and requirements of chapter 744 and

818

the Florida Probate Rules.

819

     (2)  APPOINTMENT OF A GUARDIAN ADVOCATE.--

820

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

821

advocate, without an adjudication of incapacity, for a person

822

with developmental disabilities, if the person lacks the capacity

823

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

824

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

825

voluntarily petitioned for the appointment of a guardian

826

advocate. Except as otherwise specified, the proceeding shall be

827

governed by the Florida Rules of Civil Procedure.

828

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

829

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

830

to read:

831

     400.0233  Presuit notice; investigation; notification of

832

violation of resident's rights or alleged negligence; claims

833

evaluation procedure; informal discovery; review; settlement

834

offer; mediation.--

835

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

836

unsworn statements and the production of documents or things as

837

follows:

838

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

839

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

840

statements may be used only for the purpose of claims evaluation

841

and are not discoverable or admissible in any civil action for

842

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

843

statement of any party must give reasonable notice in writing to

844

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

845

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

846

examined. Unless otherwise impractical, the examination of any

847

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

848

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

849

statement. An unsworn statement may be recorded electronically,

850

stenographically, or on videotape. The procedure for the taking

851

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

852

unsworn statement as provided in statements is subject to the

853

provisions of the Florida Rules of Civil Procedure related to

854

medical malpractice presuit screening. The taking of the

855

statement and may be terminated for abuses.

856

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

857

provisions of chapter 44 and the Florida Mediation Code, Florida

858

Rules of Civil Procedure, shall be applicable to such

859

proceedings.

860

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

861

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

862

designated representatives shall meet in mediation to discuss the

863

issues of liability and damages in accordance with chapter 44 and

864

the mediation rules of practice and procedures adopted by the

865

Supreme Court and applicable to civil actions in circuit court.

866

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

867

extended and the statute of limitations is tolled during the

868

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

869

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

870

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

871

file suit.

872

     Section 38.  Paragraph (m) of subsection (4) of section

873

409.2563, Florida Statutes, is amended to read:

874

     409.2563  Administrative establishment of child support

875

obligations.--

876

     (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

877

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

878

department shall provide to the custodial parent and serve the

879

noncustodial parent with a notice of proceeding to establish

880

administrative support order and a blank financial affidavit

881

form. The notice must state:

882

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

883

Administrative Hearings has jurisdiction to award or change child

884

custody or rights of parental contact and these issues may only

885

be addressed in circuit court.

886

     1.  The noncustodial parent may request in writing that the

887

department proceed in circuit court to determine his or her

888

support obligations.

889

     2.  The noncustodial parent may state in writing to the

890

department his or her intention to address issues concerning

891

custody or rights to parental contact in circuit court.

892

     3.  If the noncustodial parent submits the request

893

authorized in subparagraph 1., or the statement authorized in

894

subparagraph 2. to the department within 20 days after the

895

receipt of the initial notice, the department shall file a

896

petition in circuit court for the determination of the

897

noncustodial parent's child support obligations, and shall send

898

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

899

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

900

process as provided in the Florida Rules of Civil Procedure.

901

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

902

petition and waiver of service, the noncustodial parent signs and

903

returns the waiver of service form to the department, the

904

department shall terminate the administrative proceeding without

905

prejudice and proceed in circuit court.

906

     5.  In any circuit court action filed by the department

907

pursuant to this paragraph or filed by a noncustodial parent or

908

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

909

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

910

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

911

Security Act. It is the responsibility of the noncustodial parent

912

or other person to take the necessary steps to present other

913

issues for the court to consider.

914

915

The department may serve the notice of proceeding to establish

916

administrative support order by certified mail, restricted

917

delivery, return receipt requested. Alternatively, the department

918

may serve the notice by any means permitted for service of

919

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

920

authorized employee of the department may serve the notice and

921

execute an affidavit of service. Service by certified mail is

922

completed when the certified mail is received or refused by the

923

addressee or by an authorized agent as designated by the

924

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

925

the return receipt, the department shall attempt to reach the

926

addressee by telephone to confirm whether the notice was

927

received, and the department shall document any telephonic

928

communications. If someone other than the addressee signs the

929

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

930

the department is unable to confirm that the addressee has

931

received the notice, service is not completed and the department

932

shall attempt to have the addressee served personally. The

933

department shall provide the custodial parent or caretaker

934

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

935

known address of the custodial parent or caretaker.

936

     Section 39.  Subsection (4) of section 409.257, Florida

937

Statutes, is amended to read:

938

     409.257  Service of process.--

939

     (4)  Notices and other intermediate process, except witness

940

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

941

court rule the Florida Rules of Civil Procedure.

942

     Section 40.  Paragraph (b) of subsection (2) of section

943

415.1045, Florida Statutes, is amended to read:

944

     415.1045  Photographs, videotapes, and medical examinations;

945

abrogation of privileged communications; confidential records and

946

documents.--

947

     (2)  MEDICAL EXAMINATIONS.--

948

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

949

with the consent of the vulnerable adult who has capacity to

950

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

951

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

952

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

953

consent for the provision of medical treatment to a vulnerable

954

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

955

examination and treatment must be limited to reasonable

956

examination of the patient to determine the medical condition of

957

the patient and treatment reasonably necessary to alleviate the

958

medical condition or to stabilize the patient pending a

959

determination by the court of the department's petition

960

authorizing protective services. Any person may seek an expedited

961

judicial intervention under rule 5.900 of the Florida Probate

962

Rules concerning medical treatment procedures.

963

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

964

415.1051, Florida Statutes, is amended to read:

965

     415.1051  Protective services interventions when capacity to

966

consent is lacking; nonemergencies; emergencies; orders;

967

limitations.--

968

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

969

department has reasonable cause to believe that a vulnerable

970

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

971

death or serious physical injury to the vulnerable adult and that

972

the vulnerable adult lacks the capacity to consent to emergency

973

protective services, the department may take action under this

974

subsection. If the vulnerable adult has the capacity to consent

975

and refuses consent to emergency protective services, emergency

976

protective services may not be provided.

977

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

978

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

979

immediate medical treatment is necessary to prevent serious

980

physical injury or death, and that such treatment does not

981

violate a known health care advance directive prepared by the

982

vulnerable adult, the medical facility may proceed with treatment

983

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

984

consent for the provision of medical treatment to a vulnerable

985

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

986

examination and treatment must be limited to reasonable

987

examination of the patient to determine the medical condition of

988

the patient and treatment reasonably necessary to alleviate the

989

emergency medical condition or to stabilize the patient pending

990

court determination of the department's petition authorizing

991

emergency protective services. Any person may seek an expedited

992

judicial intervention under rule 5.900 of the Florida Probate

993

Rules concerning medical treatment procedures.

994

     Section 42.  Paragraph (a) of subsection (7) and subsections

995

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

996

to read:

997

     429.293  Presuit notice; investigation; notification of

998

violation of residents' rights or alleged negligence; claims

999

evaluation procedure; informal discovery; review; settlement

1000

offer; mediation.--

1001

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

1002

unsworn statements and the production of documents or things, as

1003

follows:

1004

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

1005

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

1006

statements may be used only for the purpose of claims evaluation

1007

and are not discoverable or admissible in any civil action for

1008

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

1009

statement of any party must give reasonable notice in writing to

1010

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

1011

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

1012

examined. Unless otherwise impractical, the examination of any

1013

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

1014

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

1015

statement. An unsworn statement may be recorded electronically,

1016

stenographically, or on videotape. The procedure for the taking

1017

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

1018

unsworn statement as provided in statements is subject to the

1019

provisions of the Florida Rules of Civil Procedure related to

1020

medical malpractice presuit screening. The taking of the

1021

statement and may be terminated for abuses.

1022

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

1023

provisions of chapter 44 and the Florida Mediation Code, Florida

1024

Rules of Civil Procedure, shall be applicable to such

1025

proceedings.

1026

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

1027

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

1028

designated representatives shall meet in mediation to discuss the

1029

issues of liability and damages in accordance with chapter 44 and

1030

the mediation rules of practice and procedures adopted by the

1031

Supreme Court and applicable to civil actions in circuit court.

1032

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

1033

extended and the statute of limitations is tolled during the

1034

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

1035

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

1036

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

1037

file suit.

1038

     Section 43.  Section 440.31, Florida Statutes, is amended to

1039

read:

1040

     440.31  Witness fees.--

1041

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

1042

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

1043

in the circuit court.; however, any

1044

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

1045

Florida Rules of Civil Procedure, who testifies shall have

1046

testified in any proceeding under this chapter shall be allowed a

1047

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

1048

witness, in such reasonable amount as the judge of compensation

1049

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

1050

locality for witness fees for such expert witnesses in workers'

1051

compensation proceedings, notwithstanding the limitation provided

1052

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

1053

person duly and regularly engaged in the practice of a profession

1054

who holds a professional degree from a university or college and

1055

who has had special professional training and experience, or a

1056

person possessed of special knowledge or skill about the subject

1057

upon which he or she is called to testify.

1058

     Section 44.  Subsection (2) of section 447.507, Florida

1059

Statutes, is amended to read:

1060

     447.507  Violation of strike prohibition; penalties.--

1061

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

1062

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

1063

employee organization engages in a strike in violation of s.

1064

447.505, either the commission or any public employer whose

1065

employees are involved or whose employees may be affected by the

1066

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

1067

having proper jurisdiction and proper venue of such actions under

1068

the Florida Rules of Civil Procedure and Florida Statutes. The

1069

circuit court shall conduct a hearing, with notice to the

1070

commission and to all interested parties, at the earliest

1071

practicable time. If the plaintiff makes a prima facie showing

1072

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

1073

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

1074

commence, the circuit court shall issue a temporary injunction

1075

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

1076

either make the injunction permanent or dissolve it.

1077

     Section 45.  Subsection (9) of section 448.110, Florida

1078

Statutes, is amended to read:

1079

     448.110  State minimum wage; annual wage adjustment;

1080

enforcement.--

1081

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

1082

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

1083

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

1084

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

1085

the individual identity of each class member and the individual

1086

damages of each class member.

1087

     Section 46.  Paragraph (a) of subsection (7) of section

1088

456.057, Florida Statutes, is amended to read:

1089

     456.057  Ownership and control of patient records; report or

1090

copies of records to be furnished.--

1091

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

1092

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

1093

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

1094

person other than the patient or the patient's legal

1095

representative or other health care practitioners and providers

1096

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

1097

written authorization of the patient. However, such records may

1098

be furnished without written authorization under the following

1099

circumstances:

1100

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

1101

furnished such examination or treatment with the patient's

1102

consent.

1103

     2. When compulsory physical examination is made in a civil

1104

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

1105

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

1106

furnished to parties entitled to such records under the rule both

1107

the defendant and the plaintiff.

1108

     3.  In any civil or criminal action, unless otherwise

1109

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

1110

of competent jurisdiction and proper notice to the patient or the

1111

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

1112

     4.  For statistical and scientific research, provided the

1113

information is abstracted in such a way as to protect the

1114

identity of the patient or provided written permission is

1115

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

1116

     5.  To a regional poison control center for purposes of

1117

treating a poison episode under evaluation, case management of

1118

poison cases, or compliance with data collection and reporting

1119

requirements of s. 395.1027 and the professional organization

1120

that certifies poison control centers in accordance with federal

1121

law.

1122

     Section 47.  Paragraph (b) of subsection (3) of section

1123

518.112, Florida Statutes, is amended to read:

1124

     518.112  Delegation of investment functions.--

1125

     (3)  A fiduciary may delegate investment functions to an

1126

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

1127

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

1128

given written notice, of its intention to begin delegating

1129

investment functions under this section, to all beneficiaries, or

1130

their legal representative, eligible to receive distributions

1131

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

1132

such notice is waived by the eligible beneficiaries entitled to

1133

receive such notice. This notice shall thereafter, until or

1134

unless the beneficiaries eligible to receive income from the

1135

trust or distributions from the estate at the time are notified

1136

to the contrary, authorize the trustee or legal representative to

1137

delegate investment functions pursuant to this subsection. This

1138

discretion to revoke the delegation does not imply under

1139

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

1140

actions.

1141

     1.  Notice to beneficiaries eligible to receive

1142

distributions from the trust from the estate, or their legal

1143

representatives shall be sufficient notice to all persons who may

1144

join the eligible class of beneficiaries in the future.

1145

     2.  Additionally, as used herein, legal representative

1146

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

1147

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

1148

attorney sufficient to grant such authority, a legally appointed

1149

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

1150

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

1151

     3.  Written notice shall be:

1152

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

1153

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

1154

the judicial circuit in which the trust has its principal place

1155

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

1156

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

1157

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

1158

Civil Procedure.

1159

1160

Notice by mail or by approved commercial delivery service is

1161

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

1162

verified statement of the person mailing or sending notice, and

1163

there must be attached thereto the signed receipt or other

1164

satisfactory evidence that delivery was effected on the addressee

1165

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

1166

among the trustee's permanent records.

1167

     Section 48.  Subsection (4) of section 552.40, Florida

1168

Statutes, is amended to read:

1169

     552.40  Administrative remedy for alleged damage due to the

1170

use of explosives in connection with construction materials

1171

mining activities.--

1172

     (4)  The administrative judge shall issue an order directing

1173

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

1174

Procedure. The parties shall jointly select a mediator and the

1175

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

1176

days after the order for mediation is issued, the administrative

1177

law judge shall designate the mediator and the location of

1178

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

1179

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

1180

than 150 percent of the applicable federal poverty guideline

1181

published in the Federal Register by the United States Department

1182

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

1183

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

1184

after the date of designation of the mediator unless the parties

1185

agree upon a different date.

1186

     Section 49.  Paragraph (b) of subsection (1) and subsection

1187

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

1188

     607.0505  Registered agent; duties.--

1189

     (1)

1190

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

1191

business organization which fails to have and continuously

1192

maintain a registered office and a registered agent as required

1193

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

1194

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

1195

corporation, or alien business organization fails to comply with

1196

these requirements; but such liability will be forgiven in full

1197

upon the compliance by the corporation, foreign corporation, or

1198

alien business organization with the requirements of this

1199

subsection, even if such compliance occurs after an action to

1200

collect such liability is instituted. The Department of Legal

1201

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

1202

circuit in which the corporation, foreign corporation, or alien

1203

business organization is found or transacts business, or in which

1204

real property belonging to the corporation, foreign corporation,

1205

or alien business organization is located, to petition the court

1206

for an order directing that a registered agent be appointed and

1207

that a registered office be designated, and to obtain judgment

1208

for the amount owed under this subsection. In connection with

1209

such proceeding, the department may, without prior approval by

1210

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

1211

corporation, foreign corporation, or alien business organization,

1212

which lis pendens shall set forth the legal description of the

1213

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

1214

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

1215

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

1216

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

1217

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

1218

fully with an order directing that a registered agent be

1219

appointed and that a registered office be designated will result

1220

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

1221

noncompliance. A judgment or an order of payment entered pursuant

1222

to this subsection will become a judgment lien against any real

1223

property owned by the corporation, foreign corporation, or alien

1224

business organization when a certified copy of the judgment or

1225

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

1226

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

1227

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

1228

collecting or obtaining of payment pursuant to a judgment or

1229

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

1230

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

1231

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

1232

to this subsection. All moneys recovered under this subsection

1233

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

1234

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

1235

895.09. A corporation, foreign corporation, or alien business

1236

organization which fails to have and continuously maintain a

1237

registered office and a registered agent as required in this

1238

section may not defend itself against any action instituted by

1239

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

1240

state until the requirements of this subsection have been met.

1241

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

1242

business organization fails without lawful excuse to comply

1243

timely or fully with a subpoena issued pursuant to subsection

1244

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

1245

circuit court for the judicial circuit in which the corporation,

1246

foreign corporation, or alien business organization is found or

1247

transacts business or in which real property belonging to the

1248

corporation, foreign corporation, or alien business organization

1249

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

1250

The failure without a lawful excuse to comply timely or fully

1251

with an order compelling compliance with the subpoena will result

1252

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

1253

noncompliance with the order. In connection with such proceeding,

1254

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

1255

lis pendens against real property owned by the corporation,

1256

foreign corporation, or alien business organization, which lis

1257

pendens shall set forth the legal description of the real

1258

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

1259

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

1260

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

1261

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

1262

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

1263

entered pursuant to this subsection will become a judgment lien

1264

against any real property owned by the corporation, foreign

1265

corporation, or alien business organization when a certified copy

1266

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

1267

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

1268

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

1269

Procedure to further the collecting or obtaining of payment

1270

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

1271

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

1272

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

1273

lien obtained pursuant to this subsection. All moneys recovered

1274

under this subsection shall be treated as forfeitures under ss.

1275

895.01-895.09 and used or distributed in accordance with the

1276

procedure set forth in s. 895.09.

1277

     Section 50.  Paragraph (b) of subsection (1) and subsection

1278

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

1279

     617.0503  Registered agent; duties; confidentiality of

1280

investigation records.--

1281

     (1)

1282

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

1283

business organization that fails to have and continuously

1284

maintain a registered office and a registered agent as required

1285

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

1286

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

1287

corporation, or alien business organization fails to comply with

1288

these requirements; but this liability is forgiven in full upon

1289

the compliance by the corporation, foreign corporation, or alien

1290

business organization with the requirements of this subsection,

1291

even if that compliance occurs after an action to collect such

1292

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

1293

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

1294

corporation, foreign corporation, or alien business organization

1295

is found or transacts business, or in which real property

1296

belonging to the corporation, foreign corporation, or alien

1297

business organization is located, to petition the court for an

1298

order directing that a registered agent be appointed and that a

1299

registered office be designated, and to obtain judgment for the

1300

amount owed under this subsection. In connection with such

1301

proceeding, the department may, without prior approval by the

1302

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

1303

corporation, foreign corporation, or alien business organization,

1304

which lis pendens shall set forth the legal description of the

1305

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

1306

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

1307

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

1308

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

1309

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

1310

fully with an order directing that a registered agent be

1311

appointed and that a registered office be designated will result

1312

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

1313

noncompliance. A judgment or an order of payment entered under

1314

this subsection becomes a judgment lien against any real property

1315

owned by the corporation, foreign corporation, or alien business

1316

organization when a certified copy of the judgment or order is

1317

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

1318

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

1319

Florida Rules of Civil Procedure to further the collecting or

1320

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

1321

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

1322

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

1323

the judgment or lien obtained pursuant to this subsection. All

1324

moneys recovered under this subsection shall be treated as

1325

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

1326

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

1327

corporation, foreign corporation, or alien business organization

1328

that fails to have and continuously maintain a registered office

1329

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

1330

itself against any action instituted by the Department of Legal

1331

Affairs or by any other agency of this state until the

1332

requirements of this subsection have been met.

1333

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

1334

business organization fails without lawful excuse to comply

1335

timely or fully with a subpoena issued pursuant to subsection

1336

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

1337

circuit court for the judicial circuit in which the corporation,

1338

foreign corporation, or alien business organization is found or

1339

transacts business or in which real property belonging to the

1340

corporation, foreign corporation, or alien business organization

1341

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

1342

The failure without a lawful excuse to comply timely or fully

1343

with an order compelling compliance with the subpoena will result

1344

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

1345

noncompliance with the order. In connection with such proceeding,

1346

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

1347

lis pendens against real property owned by the corporation,

1348

foreign corporation, or alien business organization, which lis

1349

pendens shall set forth the legal description of the real

1350

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

1351

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

1352

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

1353

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

1354

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

1355

entered pursuant to this subsection will become a judgment lien

1356

against any real property owned by the corporation, foreign

1357

corporation, or alien business organization when a certified copy

1358

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

1359

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

1360

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

1361

further the collecting or obtaining of payment pursuant to a

1362

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

1363

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

1364

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

1365

pursuant to this subsection. All moneys recovered under this

1366

subsection shall be treated as forfeitures under ss. 895.01-

1367

895.09 and used or distributed in accordance with the procedure

1368

set forth in s. 895.09.

1369

     Section 51.  Paragraph (b) of subsection (4) of section

1370

713.346, Florida Statutes, is amended to read:

1371

     713.346  Payment on construction contracts.--

1372

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

1373

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

1374

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

1375

materials is entitled to the following remedies to the extent of

1376

the undisputed amount due for labor or services performed or

1377

materials supplied, and upon proof of each allegation in the

1378

complaint:

1379

     (b)  A temporary injunction against the person who received

1380

the payment, subject to the bond requirements specified in the

1381

Florida Rules of Civil Procedure.

1382

     Section 52.  Paragraph (h) of subsection (4) of section

1383

718.1255, Florida Statutes, is amended to read:

1384

     718.1255  Alternative dispute resolution; voluntary

1385

mediation; mandatory nonbinding arbitration; legislative

1386

findings.--

1387

     (4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF

1388

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

1389

Mobile Homes of the Department of Business and Professional

1390

Regulation shall employ full-time attorneys to act as arbitrators

1391

to conduct the arbitration hearings provided by this chapter. The

1392

division may also certify attorneys who are not employed by the

1393

division to act as arbitrators to conduct the arbitration

1394

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

1395

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

1396

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

1397

promulgate rules of procedure to govern such arbitration hearings

1398

including mediation incident thereto. The decision of an

1399

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

1400

deemed final agency action. Nothing in this provision shall be

1401

construed to foreclose parties from proceeding in a trial de novo

1402

unless the parties have agreed that the arbitration is binding.

1403

If such judicial proceedings are initiated, the final decision of

1404

the arbitrator shall be admissible in evidence in the trial de

1405

novo.

1406

     (h)  Mediation proceedings must generally be conducted in

1407

accordance with chapter 44 the Florida Rules of Civil Procedure,

1408

and these proceedings are privileged and confidential to the same

1409

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

1410

the dispute are not allowed to attend the mediation conference

1411

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

1412

for the parties and corporate representatives designated to

1413

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

1414

mediation conference has been held, the arbitration proceeding

1415

terminates, unless all parties agree in writing to continue the

1416

arbitration proceeding, in which case the arbitrator's decision

1417

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

1418

parties; in the arbitration proceeding, the arbitrator shall not

1419

consider any evidence relating to the unsuccessful mediation

1420

except in a proceeding to impose sanctions for failure to appear

1421

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

1422

continue arbitration, the arbitrator shall enter an order of

1423

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

1424

competent jurisdiction. The parties may seek to recover any costs

1425

and attorneys' fees incurred in connection with arbitration and

1426

mediation proceedings under this section as part of the costs and

1427

fees that may be recovered by the prevailing party in any

1428

subsequent litigation.

1429

     Section 53.  Paragraph (a) of subsection (2) of section

1430

720.311, Florida Statutes, is amended to read:

1431

     720.311  Dispute resolution.--

1432

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

1433

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

1434

other covenant enforcement disputes, disputes regarding

1435

amendments to the association documents, disputes regarding

1436

meetings of the board and committees appointed by the board,

1437

membership meetings not including election meetings, and access

1438

to the official records of the association shall be the subject

1439

of a demand for presuit mediation served by an aggrieved party

1440

before the dispute is filed in court. Presuit mediation

1441

proceedings must be conducted in accordance with chapter 44 the

1442

applicable Florida Rules of Civil Procedure, and these

1443

proceedings are privileged and confidential to the same extent as

1444

court-ordered mediation. Disputes subject to presuit mediation

1445

under this section shall not include the collection of any

1446

assessment, fine, or other financial obligation, including

1447

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

1448

enforce a prior mediation settlement agreement between the

1449

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

1450

this section where emergency relief is required, a motion for

1451

temporary injunctive relief may be filed with the court without

1452

first complying with the presuit mediation requirements of this

1453

section. After any issues regarding emergency or temporary relief

1454

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

1455

mediation program administered by the courts or require mediation

1456

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

1457

information or evidence arising from the presuit mediation

1458

proceeding except in a proceeding to impose sanctions for failure

1459

to attend a presuit mediation session or to enforce a mediated

1460

settlement agreement. Persons who are not parties to the dispute

1461

may not attend the presuit mediation conference without the

1462

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

1463

corporate representative designated by the association. When

1464

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

1465

not a board meeting for purposes of notice and participation set

1466

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

1467

responding party a written demand to participate in presuit

1468

mediation in substantially the following form:

1469

1470

1471

STATUTORY OFFER TO PARTICIPATE

1472

1473

1474

IN PRESUIT MEDIATION

1475

1476

1477

The alleged aggrieved party, ____________________, hereby demands

1478

that ____________________, as the responding party, engage in

1479

mandatory presuit mediation in connection with the following

1480

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

1481

presuit mediation:

1482

1483

1484

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

1485

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

1486

dispute.)

1487

1488

1489

Pursuant to section 720.311, Florida Statutes, this demand to

1490

resolve the dispute through presuit mediation is required before

1491

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

1492

statute, the parties are required to engage in presuit mediation

1493

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

1494

resolve this dispute without court action, and the aggrieved

1495

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

1496

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

1497

against you without further warning.

1498

1499

1500

The process of mediation involves a supervised negotiation

1501

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

1502

with both parties and assists them in exploring possible

1503

opportunities for resolving part or all of the dispute. By

1504

agreeing to participate in presuit mediation, you are not bound

1505

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

1506

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

1507

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

1508

that each party understands the position of the other party and

1509

that all options for reasonable settlement are fully explored.

1510

1511

1512

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

1513

becomes a binding and enforceable commitment of the parties. A

1514

resolution of one or more disputes in this fashion avoids the

1515

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

1516

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

1517

process, results in the mediator declaring an impasse in the

1518

mediation, after which the aggrieved party may proceed to court

1519

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

1520

refused to participate in the entire mediation process, you will

1521

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

1522

1523

1524

The aggrieved party has selected and hereby lists five certified

1525

mediators who we believe to be neutral and qualified to mediate

1526

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

1527

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

1528

more of the listed mediators does not mean that the mediator

1529

cannot act as a neutral and impartial facilitator. Any mediator

1530

who cannot act in this capacity is required ethically to decline

1531

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

1532

current hourly rates, are as follows:

1533

1534

1535

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

1536

of the mediators. Other pertinent information about the

1537

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

1538

1539

1540

You may contact the offices of these mediators to confirm that

1541

the listed mediators will be neutral and will not show any

1542

favoritism toward either party. The Florida Supreme Court can

1543

provide you a list of certified mediators.

1544

1545

1546

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

1547

Florida Statutes, requires that the parties share the costs of

1548

presuit mediation equally, including the fee charged by the

1549

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

1550

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

1551

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

1552

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

1553

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

1554

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

1555

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

1556

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

1557

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

1558

such other reasonable advance deposits as the mediator requires

1559

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

1560

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

1561

1562

1563

To begin your participation in presuit mediation to try to

1564

resolve the dispute and avoid further legal action, please sign

1565

below and clearly indicate which mediator is acceptable to you.

1566

We will then ask the mediator to schedule a mutually convenient

1567

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

1568

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

1569

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

1570

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

1571

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

1572

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

1573

half of the costs involved, the aggrieved party will be

1574

authorized to proceed with the filing of a lawsuit against you

1575

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

1576

or costs incurred in attempting to obtain mediation.

1577

1578

1579

Therefore, please give this matter your immediate attention. By

1580

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

1581

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

1582

on this demand.

1583

1584

1585

______________________________

1586

1587

______________________________

1588

1589

1590

RESPONDING PARTY: YOUR SIGNATURE INDICATES YOUR AGREEMENT TO THAT

1591

CHOICE.

1592

1593

AGREEMENT TO MEDIATE

1594

1595

1596

The undersigned hereby agrees to participate in presuit mediation

1597

and agrees to attend a mediation conducted by the following

1598

mediator or mediators who are listed above as someone who would

1599

be acceptable to mediate this dispute:

1600

1601

1602

(List acceptable mediator or mediators.)

1603

1604

1605

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

1606

fees and to forward such advance deposits as the mediator may

1607

require for this purpose.

1608

1609

1610

______________________________

1611

1612

Signature of responding party #1

1613

1614

1615

______________________________

1616

1617

Telephone contact information

1618

1619

1620

______________________________

1621

1622

Signature and telephone contact information of responding party

1623

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

1624

all owners must sign)

1625

     Section 54.  Subsection (2) of section 723.0381, Florida

1626

Statutes, is amended to read:

1627

     723.0381  Civil actions; arbitration.--

1628

     (2)  The court may refer the action to nonbinding

1629

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

1630

Procedure. The court shall order the hearing to be held

1631

informally with presentation of testimony kept to a minimum and

1632

matters presented to the arbitrators primarily through the

1633

statements and arguments of counsel. The court shall assess the

1634

parties equally to pay the compensation awarded to the

1635

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

1636

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

1637

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

1638

opposing party, including attorney's fees, investigation

1639

expenses, and expenses for expert or other testimony or evidence

1640

incurred after the arbitration hearing if the judgment upon the

1641

trial de novo is not more favorable than the arbitration

1642

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

1643

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

1644

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

1645

     Section 55.  Subsection (1) of section 726.108, Florida

1646

Statutes, is amended to read:

1647

     726.108  Remedies of creditors.--

1648

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

1649

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

1650

limitations in s. 726.109 may obtain:

1651

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

1652

necessary to satisfy the creditor's claim;

1653

     (b)  An attachment or other provisional remedy against the

1654

asset transferred or other property of the transferee in

1655

accordance with applicable law;

1656

     (c) Subject to applicable principles of equity and in

1657

accordance with applicable rules of civil procedure:

1658

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

1659

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

1660

other property;

1661

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

1662

transferred or of other property of the transferee; or

1663

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

1664

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

1665

727.104, Florida Statutes, is amended to read:

1666

     727.104  Commencement of proceedings.--

1667

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

1668

assignee, the assignee shall:

1669

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

1670

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

1671

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

1672

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

1673

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

1674

accordance with the procedures for filing a complaint as set

1675

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

1676

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

1677

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

1678

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

1679

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

1680

bond shall be subject to reconsideration upon the motion of any

1681

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

1682

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

1683

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

1684

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

1685

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

1686

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

1687

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

1688

approve the bond.

1689

     Section 57.  Section 731.011, Florida Statutes, is amended

1690

to read:

1691

     731.011  Determination of substantive rights;

1692

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

1693

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

1694

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

1695

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

1696

substantive rights shall be as provided in the Florida Probate

1697

Rules.

1698

     Section 58.  Subsection (2) of section 732.107, Florida

1699

Statutes, is amended to read:

1700

     732.107  Escheat.--

1701

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

1702

Florida Probate Rules and the proceeds paid to the Chief

1703

Financial Officer of the state and deposited in the State School

1704

Fund.

1705

     Section 59.  Subsection (3) of section 733.101, Florida

1706

Statutes, is amended to read:

1707

     733.101  Venue of probate proceedings.--

1708

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

1709

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

1710

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

1711

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

1712

not affected by the improper venue.

1713

     Section 60.  Subsection (3) of section 733.212, Florida

1714

Statutes, is amended to read:

1715

     733.212  Notice of administration; filing of objections.--

1716

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

1717

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

1718

the qualifications of the personal representative, the venue, or

1719

the jurisdiction of the court by filing a petition or other

1720

pleading requesting relief in accordance with the Florida Probate

1721

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

1722

service of a copy of the notice of administration on the

1723

objecting person, or those objections are forever barred.

1724

     Section 61.  Subsection (2) of section 733.6171, Florida

1725

Statutes, is amended to read:

1726

     733.6171  Compensation of attorney for the personal

1727

representative.--

1728

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

1729

bearing the impact of the compensation may agree to compensation

1730

determined in a different manner than provided in this section.

1731

Compensation may also be determined in a different manner than

1732

provided in this section if the manner is disclosed to the

1733

parties bearing the impact of the compensation and if no

1734

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

1735

     Section 62.  Subsection (2) of section 733.705, Florida

1736

Statutes, is amended to read:

1737

     733.705  Payment of and objection to claims.--

1738

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

1739

publication of notice to creditors or within 30 days from the

1740

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

1741

personal representative or other interested person may file a

1742

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

1743

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

1744

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

1745

objection constitutes an abandonment of the objection. For good

1746

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

1747

objection to any claim. Objection to a claim constitutes an

1748

objection to an amendment of that claim unless the objection is

1749

withdrawn.

1750

     Section 63.  Subsection (2) of section 734.102, Florida

1751

Statutes, is amended to read:

1752

     734.102  Ancillary administration.--

1753

     (2) Ancillary administration shall be commenced as provided

1754

by the Florida Probate Rules.

1755

     Section 64.  Subsection (4) of section 736.0109, Florida

1756

Statutes, is amended to read:

1757

     736.0109  Methods and waiver of notice.--

1758

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

1759

provided in statute and the applicable court rule Florida Rules

1760

of Civil Procedure.

1761

     Section 65.  Subsection (1) and paragraph (c) of subsection

1762

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

1763

     738.104  Trustee's power to adjust.--

1764

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

1765

the extent the trustee considers necessary if the trustee invests

1766

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

1767

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

1768

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

1769

determines, after applying the provisions of rules in s.

1770

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

1771

738.103(2).

1772

     (9)

1773

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

1774

served informally by delivering a copy or mailing it to the

1775

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

1776

Procedure relating to service of pleadings subsequent to the

1777

initial pleading. The statement may be served on a legal

1778

representative or natural guardian of a beneficiary without the

1779

filing of any proceeding or approval of any court.

1780

     Section 66.  Paragraph (c) of subsection (2) of section

1781

738.1041, Florida Statutes, is amended to read:

1782

     738.1041  Total return unitrust.--

1783

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

1784

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

1785

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

1786

calculate the unitrust amount or the method used to determine the

1787

fair market value of the trust if:

1788

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

1789

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

1790

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

1791

the trustee or the disinterested person to:

1792

     1.  The grantor of the trust, if living.

1793

     2.  All living persons who are currently receiving or

1794

eligible to receive distributions of income of the trust.

1795

     3.  All living persons who would receive distributions of

1796

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

1797

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

1798

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

1799

its termination, all living persons who would receive or be

1800

eligible to receive distributions of income or principal of the

1801

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

1802

     4.  All persons acting as advisers or protectors of the

1803

trust.

1804

1805

Notice under this paragraph shall be served informally by

1806

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

1807

provided in the Florida Rules of Civil Procedure relating to

1808

service of pleadings subsequent to the initial pleading. Notice

1809

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

1810

person without the filing of any proceeding or approval of any

1811

court;

1812

     Section 67.  Paragraph (b) of subsection (5), paragraph (h)

1813

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

1814

741.30, Florida Statutes, are amended to read:

1815

     741.30  Domestic violence; injunction; powers and duties of

1816

court and clerk; petition; notice and hearing; temporary

1817

injunction; issuance of injunction; statewide verification

1818

system; enforcement.--

1819

     (5)

1820

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

1821

ex parte temporary injunction, no evidence other than verified

1822

pleadings or affidavits shall be used as evidence, unless the

1823

respondent appears at the hearing or has received reasonable

1824

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

1825

injunction shall be by written order noting the legal grounds for

1826

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

1827

immediate and present danger of domestic violence, the court

1828

shall set a full hearing on the petition for injunction with

1829

notice at the earliest possible time. Nothing herein affects a

1830

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

1831

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

1832

Florida Rules of Civil Procedure.

1833

     (6)

1834

     (h)  All proceedings under this subsection shall be

1835

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

1836

Rules of Judicial Administration.

1837

     (9)

1838

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

1839

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

1840

respondent shall be held in custody until brought before the

1841

court as expeditiously as possible for the purpose of enforcing

1842

the injunction and for admittance to bail in accordance with

1843

chapter 903 and the applicable rules of criminal procedure,

1844

pending a hearing.

1845

     Section 68.  Subsection (2) of section 742.16, Florida

1846

Statutes, is amended to read:

1847

     742.16  Expedited affirmation of parental status for

1848

gestational surrogacy.--

1849

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

1850

and place for hearing the petition, which may be immediately

1851

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

1852

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

1853

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

1854

civil actions.

1855

     Section 69.  Subsection (11) of section 742.18, Florida

1856

Statutes, is amended to read:

1857

     742.18  Disestablishment of paternity or termination of

1858

child support obligation.--

1859

     (11)  Nothing in this section precludes an individual from

1860

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

1861

proceeding pursuant to court rule 1.540, Florida Rules of Civil

1862

Procedure, or from challenging a paternity determination pursuant

1863

to s. 742.10(4).

1864

     Section 70.  Paragraph (d) of subsection (1) of section

1865

744.3025, Florida Statutes, is amended to read:

1866

     744.3025  Claims of minors.--

1867

     (1)

1868

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

1869

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

1870

     Section 71.  Subsection (2) of section 744.307, Florida

1871

Statutes, is amended to read:

1872

     744.307  Foreign guardian may manage the property of

1873

nonresident ward.--

1874

     (2) The guardian shall designate a resident agent as

1875

required by the Florida Probate Rules.

1876

     Section 72.  Subsection (2) of section 744.447, Florida

1877

Statutes, is amended to read:

1878

     744.447  Petition for authorization to act.--

1879

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

1880

perishable personal property or of property rapidly deteriorating

1881

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

1882

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

1883

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

1884

filed requests for notices and copies of pleadings, as provided

1885

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

1886

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

1887

has been determined to be totally incapacitated.

1888

     Section 73.  Section 765.105, Florida Statutes, is amended

1889

to read:

1890

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

1891

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

1892

physician, or any other interested person who may reasonably be

1893

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

1894

decision concerning any health care decision may seek expedited

1895

judicial intervention pursuant to rule 5.900 of the Florida

1896

Probate Rules, if that person believes:

1897

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

1898

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

1899

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

1900

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

1901

     (3)  The surrogate or proxy was improperly designated or

1902

appointed, or the designation of the surrogate is no longer

1903

effective or has been revoked;

1904

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

1905

or incapacity or illness renders the surrogate or proxy incapable

1906

of discharging duties;

1907

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

1908

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

1909

own health care decisions.

1910

     Section 74.  Section 765.113, Florida Statutes, is amended

1911

to read:

1912

     765.113  Restrictions on providing consent.--Unless the

1913

principal expressly delegates such authority to the surrogate in

1914

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

1915

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

1916

surrogate or proxy may not provide consent for:

1917

     (1)  Abortion, sterilization, electroshock therapy,

1918

psychosurgery, experimental treatments that have not been

1919

approved by a federally approved institutional review board in

1920

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

1921

voluntary admission to a mental health facility.

1922

     (2)  Withholding or withdrawing life-prolonging procedures

1923

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

1924

390.0111(4).

1925

     Section 75.  Paragraph (a) of subsection (3) of section

1926

768.81, Florida Statutes, is amended to read:

1927

     768.81  Comparative fault.--

1928

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

1929

section applies, the court shall enter judgment against each

1930

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

1931

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

1932

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

1933

defendant must affirmatively plead the fault of a nonparty and,

1934

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

1935

or describe the nonparty as specifically as practicable, either

1936

by motion or in the initial responsive pleading when defenses are

1937

first presented, subject to amendment any time before trial in

1938

accordance with court rule the Florida Rules of Civil Procedure.

1939

     Section 76.  Paragraph (b) of subsection (9) of section

1940

784.046, Florida Statutes, is amended to read:

1941

     784.046  Action by victim of repeat violence, sexual

1942

violence, or dating violence for protective injunction; powers

1943

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

1944

petition; notice and hearing; temporary injunction; issuance;

1945

statewide verification system; enforcement.--

1946

     (9)

1947

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

1948

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

1949

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

1950

injunction for protection, the respondent shall be held in

1951

custody until brought before the court as expeditiously as

1952

possible for the purpose of enforcing the injunction and for

1953

admittance to bail in accordance with chapter 903 and the

1954

applicable rules of criminal procedure, pending a hearing.

1955

     Section 77.  Subsection (4) of section 790.157, Florida

1956

Statutes, is amended to read:

1957

     790.157  Presumption of impairment; testing methods.--

1958

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

1959

influence of alcoholic beverages or controlled substances to the

1960

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

1961

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

1962

according to the Florida Rules of Criminal Procedure.

1963

     Section 78.  Paragraph (h) of subsection (8) of section

1964

896.101, Florida Statutes, is amended to read:

1965

     896.101  Florida Money Laundering Act; definitions;

1966

penalties; injunctions; seizure warrants; immunity.--

1967

     (8)

1968

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

1969

monetary instruments or funds being enjoined may request a

1970

hearing to contest the order entered pursuant to this section by

1971

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

1972

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

1973

thereafter and before the expiration of the temporary order. The

1974

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

1975

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

1976

the hearing must be provided to the petitioner who procured the

1977

temporary injunction pursuant to the Florida Rules of Civil

1978

Procedure but not less than 24 hours before the scheduled

1979

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

1980

pursuant to this subsection, evidence and information that would

1981

be inadmissible under the Florida Rules of Evidence. A proceeding

1982

under this subsection is governed by the Florida Rules of Civil

1983

Procedure.

1984

     Section 79.  Subsection (2) of section 916.13, Florida

1985

Statutes, is amended to read:

1986

     916.13  Involuntary commitment of defendant adjudicated

1987

incompetent.--

1988

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

1989

has been adjudicated incompetent to proceed due to mental

1990

illness, and who meets the criteria for involuntary commitment to

1991

the department under the provisions of this chapter, may be

1992

committed to the department, and the department shall retain and

1993

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

1994

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

1995

at any time the administrator or designee shall have determined

1996

that the defendant has regained competency to proceed or no

1997

longer meets the criteria for continued commitment, the

1998

administrator or designee shall file a report with the court

1999

pursuant to the applicable Florida Rules of Criminal Procedure.

2000

     Section 80.  Subsection of section 916.15, Florida Statutes,

2001

are amended to read:

2002

     916.15  Involuntary commitment of defendant adjudicated not

2003

guilty by reason of insanity.--

2004

     (3)  Every defendant acquitted of criminal charges by reason

2005

of insanity and found to meet the criteria for involuntary

2006

commitment may be committed and treated in accordance with the

2007

provisions of this section and the applicable Florida Rules of

2008

Criminal Procedure. The department shall admit a defendant so

2009

adjudicated to an appropriate facility or program for treatment

2010

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

2011

after the date of admission, prior to the end of any period of

2012

extended commitment, or at any time the administrator or designee

2013

shall have determined that the defendant no longer meets the

2014

criteria for continued commitment placement, the administrator or

2015

designee shall file a report with the court pursuant to the

2016

applicable Florida Rules of Criminal Procedure.

2017

     Section 81.  Paragraph (a) of subsection (2) of section

2018

916.302, Florida Statutes, is amended to read:

2019

     916.302  Involuntary commitment of defendant determined to

2020

be incompetent to proceed.--

2021

     (2)  ADMISSION TO A FACILITY.--

2022

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

2023

is found to be incompetent to proceed due to retardation or

2024

autism, and who meets the criteria for involuntary commitment to

2025

the agency under the provisions of this chapter, shall be

2026

committed to the agency, and the agency shall retain and provide

2027

appropriate training for the defendant. No later than 6 months

2028

after the date of admission or at the end of any period of

2029

extended commitment or at any time the administrator or designee

2030

shall have determined that the defendant has regained competency

2031

to proceed or no longer meets the criteria for continued

2032

commitment, the administrator or designee shall file a report

2033

with the court pursuant to this chapter and the applicable

2034

Florida Rules of Criminal Procedure.

2035

     Section 82.  Paragraph (g) of subsection (1) of section

2036

924.07, Florida Statutes, is amended to read:

2037

     924.07  Appeal by state.--

2038

     (1)  The state may appeal from:

2039

     (g) An order adjudicating a defendant insane under the

2040

Florida Rules of Criminal Procedure.

2041

     Section 83.  Paragraph (a) of subsection (6) of section

2042

932.704, Florida Statutes, is amended to read:

2043

     932.704  Forfeiture proceedings.--

2044

     (6)(a)  If the property is required by law to be titled or

2045

registered, or if the owner of the property is known in fact to

2046

the seizing agency, or if the seized property is subject to a

2047

perfected security interest in accordance with the Uniform

2048

Commercial Code, chapter 679, the attorney for the seizing agency

2049

shall serve the forfeiture complaint as an original service of

2050

process under the Florida Rules of Civil Procedure and other

2051

applicable law to each person having an ownership or security

2052

interest in the property. The seizing agency shall also publish,

2053

in accordance with chapter 50, notice of the forfeiture complaint

2054

once each week for 2 consecutive weeks in a newspaper of general

2055

circulation, as defined in s. 165.031, in the county where the

2056

seizure occurred.

2057

     Section 84.  Paragraph (d) of subsection (12) of section

2058

984.03, Florida Statutes, is amended to read:

2059

     984.03  Definitions.--When used in this chapter, the term:

2060

     (12)  "Child who is found to be dependent" or "dependent

2061

child" means a child who, pursuant to this chapter, is found by

2062

the court:

2063

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

2064

placing agency for the purposes of subsequent adoption and a

2065

natural parent or parents have consented to termination of

2066

parental rights signed a consent pursuant to the Florida Rules of

2067

Juvenile Procedure.

2068

     Section 85.  Subsection (6) of section 984.04, Florida

2069

Statutes, is amended to read:

2070

     984.04  Families in need of services and children in need of

2071

services; procedures and jurisdiction.--

2072

     (6) All procedures, including petitions, pleadings,

2073

subpoenas, summonses, and hearings, in family-in-need-of-services

2074

cases and child-in-need-of-services cases shall be according to

2075

the Florida Rules of Juvenile Procedure unless otherwise provided

2076

by law.

2077

     Section 86.  Subsection (13) of section 984.19, Florida

2078

Statutes, is amended to read:

2079

     984.19  Medical screening and treatment of child;

2080

examination of parent, guardian, or person requesting custody.--

2081

     (13)  At any time after the filing of a petition for a child

2082

in need of services, when the mental or physical condition,

2083

including the blood group, of a parent, guardian, or other person

2084

requesting custody of a child is in controversy, the court may

2085

order the person to submit to a physical or mental examination by

2086

a qualified professional. The order may be made only upon good

2087

cause shown and pursuant to notice and procedures as set forth by

2088

the Florida Rules of Juvenile Procedure.

2089

     Section 87.  Paragraphs (a) and (b) of subsection (1) and

2090

paragraphs (a) and (b) of subsection (2) of section 984.20,

2091

Florida Statutes, are amended to read:

2092

     984.20  Hearings for child-in-need-of-services cases.--

2093

     (1)  ARRAIGNMENT HEARING.--

2094

     (a)  When a child has been taken into custody by order of

2095

the court, an arraignment hearing shall be held within 7 days

2096

after the date the child is taken into custody. The hearing shall

2097

be held for the child and the parent, guardian, or custodian to

2098

admit, deny, or consent to findings that a child is in need of

2099

services as alleged in the petition. If the child and the parent,

2100

guardian, or custodian admit or consent to the findings in the

2101

petition, the court shall proceed as set forth in the Florida

2102

Rules of Juvenile Procedure. However, if either the child or the

2103

parent, guardian, or custodian denies any of the allegations of

2104

the petition, the court shall hold an adjudicatory hearing within

2105

7 days after the date of the arraignment hearing.

2106

     (b)  When a child is in the custody of the parent, guardian,

2107

or custodian, upon the filing of a petition, the clerk shall set

2108

a date for an arraignment hearing within a reasonable time from

2109

the date of the filing of the petition. If the child and the

2110

parent, guardian, or custodian admit or consent to an

2111

adjudication, the court shall proceed as set forth in the Florida

2112

Rules of Juvenile Procedure. However, if either the child or the

2113

parent, guardian, or custodian denies any of the allegations of

2114

child in need of services, the court shall hold an adjudicatory

2115

hearing within a reasonable time from the date of the arraignment

2116

hearing.

2117

     (2)  ADJUDICATORY HEARING.--

2118

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

2119

practicable after the petition for a child in need of services is

2120

filed and in accordance with the Florida Rules of Juvenile

2121

Procedure, but reasonable delay for the purpose of investigation,

2122

discovery, or procuring counsel or witnesses shall, whenever

2123

practicable, be granted. If the child is in custody, the

2124

adjudicatory hearing shall be held within 14 days after the date

2125

the child was taken into custody.

2126

     (b)  Adjudicatory hearings shall be conducted by the judge

2127

without a jury, applying the rules of evidence in use in civil

2128

cases and adjourning the hearings from time to time as necessary.

2129

In a hearing on a petition in which it is alleged that the child

2130

is a child in need of services, a preponderance of evidence shall

2131

be required to establish that the child is in need of services.

2132

     Section 88.  Paragraph (e) of subsection (4) and paragraph

2133

(d) of subsection (6) of section 985.19, Florida Statutes, are

2134

amended to read:

2135

     985.19  Incompetency in juvenile delinquency cases.--

2136

     (4)  A child who is determined to have mental illness,

2137

mental retardation, or autism, who has been adjudicated

2138

incompetent to proceed, and who meets the criteria set forth in

2139

subsection (3), must be committed to the Department of Children

2140

and Family Services and receive treatment or training in a secure

2141

facility or program that is the least restrictive alternative

2142

consistent with public safety. Any placement of a child to a

2143

secure residential program must be separate from adult forensic

2144

programs. If the child attains competency, then custody, case

2145

management, and supervision of the child will be transferred to

2146

the department in order to continue delinquency proceedings;

2147

however, the court retains authority to order the Department of

2148

Children and Family Services to provide continued treatment or

2149

training to maintain competency.

2150

     (e)  The service provider must file a written report with

2151

the court pursuant to the applicable Florida Rules of Juvenile

2152

Procedure not later than 6 months after the date of commitment,

2153

or at the end of any period of extended treatment or training,

2154

and at any time the Department of Children and Family Services,

2155

through its service provider determines the child has attained

2156

competency or no longer meets the criteria for secure placement,

2157

or at such shorter intervals as ordered by the court. A copy of a

2158

written report evaluating the child's competency must be filed by

2159

the provider with the court and with the state attorney, the

2160

child's attorney, the department, and the Department of Children

2161

and Family Services.

2162

     (6)

2163

     (d)  The service provider must file a written report with

2164

the court pursuant to the applicable Florida Rules of Juvenile

2165

Procedure, not later than 6 months after the date of commitment,

2166

at the end of any period of extended treatment or training, and

2167

at any time the service provider determines the child has

2168

attained competency or will never attain competency, or at such

2169

shorter intervals as ordered by the court. A copy of a written

2170

report evaluating the child's competency must be filed by the

2171

provider with the court, the state attorney, the child's

2172

attorney, the Department of Children and Family Services, and the

2173

department.

2174

     Section 89.  Paragraph (g) of subsection (1) of section

2175

985.255, Florida Statutes, is amended to read:

2176

     985.255  Detention criteria; detention hearing.--

2177

     (1)  Subject to s. 985.25(1), a child taken into custody and

2178

placed into nonsecure or home detention care or detained in

2179

secure detention care prior to a detention hearing may continue

2180

to be detained by the court if:

2181

     (g)  The child is charged with any second degree or third

2182

degree felony involving a violation of chapter 893 or any third

2183

degree felony that is not also a crime of violence, and the

2184

child:

2185

     1.  Has a record of failure to appear at court hearings

2186

after being properly notified in accordance with the Rules of

2187

Juvenile Procedure;

2188

     2.  Has a record of law violations prior to court hearings;

2189

     3.  Has already been detained or has been released and is

2190

awaiting final disposition of the case;

2191

     4.  Has a record of violent conduct resulting in physical

2192

injury to others; or

2193

     5.  Is found to have been in possession of a firearm.

2194

     Section 90.  Subsection (6) of section 985.26, Florida

2195

Statutes, is amended to read:

2196

     985.26  Length of detention.--

2197

     (6)  If a child is detained and a petition for delinquency

2198

is filed, the child shall be arraigned in accordance with the

2199

Florida Rules of Juvenile Procedure within 48 hours after the

2200

filing of the petition for delinquency.

2201

     Section 91.  Subsection (1) of section 985.35, Florida

2202

Statutes, is amended to read:

2203

     985.35  Adjudicatory hearings; withheld adjudications;

2204

orders of adjudication.--

2205

     (1)  The adjudicatory hearing must be held as soon as

2206

practicable after the petition alleging that a child has

2207

committed a delinquent act or violation of law is filed and in

2208

accordance with the Florida Rules of Juvenile Procedure; but

2209

reasonable delay for the purpose of investigation, discovery, or

2210

procuring counsel or witnesses shall be granted. If the child is

2211

being detained, the time limitations in s. 985.26(2) and (3)

2212

apply.

2213

     Section 92.  Paragraph (b) of subsection (1) of section

2214

985.534, Florida Statutes, is amended to read:

2215

     985.534  Appeal.--

2216

     (1)  An appeal from an order of the court affecting a party

2217

to a case involving a child under this chapter may be taken to

2218

the appropriate district court of appeal within the time and in

2219

the manner prescribed by s. 924.051 and the Florida Rules of

2220

Appellate Procedure by:

2221

     (b)  The state, which may appeal from:

2222

     1.  An order dismissing a petition or any section thereof;

2223

     2.  An order granting a new adjudicatory hearing;

2224

     3.  An order arresting judgment;

2225

     4.  A ruling on a question of law when the child is

2226

adjudicated delinquent and appeals from the judgment;

2227

     5.  The disposition, on the ground that it is illegal;

2228

     6.  A judgment discharging a child on habeas corpus;

2229

     7. An order adjudicating a child insane under the Florida

2230

Rules of Juvenile Procedure; and

2231

     8.  All other preadjudicatory hearings, except that the

2232

state may not take more than one appeal under this subsection in

2233

any case.

2234

2235

In the case of an appeal by the state, the notice of appeal shall

2236

be filed by the appropriate state attorney or his or her

2237

authorized assistant under s. 27.18. Such an appeal shall embody

2238

all assignments of error in each preadjudicatory hearing order

2239

that the state seeks to have reviewed. The state shall pay all

2240

costs of the appeal except for the child's attorney's fee.

2241

     Section 93.  This act shall take effect July 1, 2008.