HB 7023

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 certain court rules
44	relating to enforcement of income deduction orders;
45	amending s. 61.14, F.S.; removing a specific reference to
46	a 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 in contempt proceedings;
50	amending s. 63.087, F.S.; removing specific reference to
51	court rules relating to proceedings for termination of
52	parental rights pending adoption; amending s. 63.122,
53	F.S.; removing a reference to the court rule relating to
54	the notice of hearing on a petition; amending s. 68.083,
55	F.S.; removing reference to the court rules relating to
56	civil actions for false claims; amending s. 83.231, F.S.;
57	removing a reference to court rules relating to the
58	removal of a tenant; amending s. 83.625, F.S.; removing a
59	reference to court rules relating to the power to enter
60	money judgments in an action by a landlord; amending s.
61	222.30, F.S.; removing a reference to court rules relating
62	to fraudulent asset conversions; amending s. 255.071,
63	F.S.; removing a reference to court rules relating to
64	payment of subcontractors for public projects; amending
65	ss. 316.1934 and 327.354, F.S.; removing references to
66	court rules relating to presumption of impairment;
67	amending s. 364.183, F.S.; removing reference to a
68	specific court rule relating to access to company records;
69	amending s. 366.093, F.S.; removing reference to a
70	specific court rule relating to public utility records;
71	amending s. 367.156, F.S.; removing reference to a
72	specific court rule relating to discovery in public
73	utility records; amending s. 368.108, F.S.; removing
74	reference to a specific court rule relating to
75	confidentiality; amending s. 392.60, F.S.; removing a
76	reference to court rules relating to the right of appeal;
77	amending s. 393.11, F.S.; removing a reference to court
78	rules regarding the appeal of involuntary admission to
79	residential services; amending s. 393.12, F.S.; removing
80	references to court rules regarding determination of
81	capacity; amending s. 400.0233, F.S.; providing a
82	reference to a specific chapter of court rules relating to
83	informal discovery and used to obtain unsworn statements;
84	revising provisions relating to informal discovery used to
85	obtain unsworn statements; amending s. 400.0237, F.S.;
86	removing a reference to court rules on how to amend claims
87	relating to punitive damages; amending s. 409.2563, F.S.;
88	removing a reference to court rule relating to the
89	administrative establishment of child support obligations;
90	amending s. 409.257, F.S.; removing a reference to certain
91	court rules regarding service of process; amending s.
92	415.1045, F.S.; removing specific reference to a court
93	rule relating to medical examinations; amending s.
94	415.1051, F.S.; removing specific reference to a court
95	rule relating to emergency protective services
96	intervention; amending s. 429.293, F.S.; providing a
97	reference to a specific chapter of court rules relating to
98	informal discovery; revising provisions relating to
99	informal discovery used to obtain unsworn statements;
100	amending s. 440.31, F.S.; removing specific reference to a
101	court rule relating to the definition of expert witnesses;
102	defining the term "expert witness"; amending s. 447.507,
103	F.S.; removing reference to court rules relating to
104	violation of a strike prohibition; amending s. 448.110,
105	F.S.; removing reference to a specific court rule relating
106	to state minimum wage and annual wage adjustment; amending
107	s. 456.057, F.S.; removing reference to a specific court
108	rule relating to the furnishing of patient records;
109	amending s. 518.112, F.S.; removing a reference to court
110	rules relating to delegation of investment functions;
111	amending s. 552.40, F.S.; removing specific reference to a
112	court rule relating to an administrative remedy for
113	alleged damage due to the use of explosives in mining;
114	amending ss. 607.0505 and 617.0503, F.S.; removing
115	reference to court rules relating to registered agents of
116	corporations; amending s. 655.059, F.S.; removing a
117	reference to court rules relating to access to books;
118	amending s. 713.346, F.S.; removing a reference to bond
119	requirements in court rules relating to payment on
120	construction contracts; amending s. 718.1255, F.S.;
121	removing a reference to court rules relating to mandatory
122	nonbinding arbitration and mediation of disputes;
123	providing a reference to a specific chapter relating to
124	mandatory nonbinding arbitration and mediation of
125	disputes; amending s. 720.311, F.S.; removing a reference
126	to court rules relating to dispute resolution; providing
127	reference to a specific chapter relating to dispute
128	resolution; amending s. 723.0381, F.S.; removing a
129	reference to court rules relating to civil arbitration
130	actions; amending s. 726.108, F.S.; removing a reference
131	to court rules relating to remedies of creditors; amending
132	s. 727.104, F.S.; removing a reference to court rules
133	relating to commencement of proceedings; amending s.
134	731.011, F.S.; removing a reference to court rules
135	relating to determination and procedure of substantive
136	rights; amending s. 732.107, F.S.; removing a reference to
137	court rules relating to escheat; amending s. 733.101,
138	F.S.; removing a reference to court rules relating to
139	venue of probate proceedings; amending s. 733.212, F.S.;
140	removing a reference to court rules relating to notice of
141	administration; amending s. 733.6171, F.S.; removing a
142	reference to court rules relating to compensation of
143	attorneys for the personal representative; amending s.
144	733.705, F.S.; removing a reference to court rules
145	relating to the payment of and objection to claims;
146	amending s. 734.102, F.S.; removing a reference to court
147	rules relating to ancillary administration; amending s.
148	736.0109, F.S.; removing a reference to certain court
149	rules relating to methods and waiver of notice; amending
150	s. 738.104, F.S.; removing a reference to court rules
151	relating to a trustee's power to adjust; providing for
152	delivering or mailing a copy of the statement to the
153	beneficiary relating to a trustee's power to adjust;
154	amending s. 738.1041, F.S.; removing a reference to court
155	rules relating to a total return unitrust; providing for
156	delivering or mailing a copy of the statement to the
157	beneficiary relating to total return unitrust; amending s.
158	741.30, F.S.; removing a reference to certain court rules
159	relating to injunctions for domestic violence; amending s.
160	742.16, F.S.; removing a reference to certain court rules
161	relating to expedited affirmation of parent status for
162	gestational surrogacy; amending s. 742.18, F.S.; removing
163	specific reference to a court rule relating to
164	disestablishment of paternity or termination of a child
165	support obligation; amending s. 744.3025, F.S.; removing a
166	reference to court rules relating to claims of minors;
167	amending s. 744.307, F.S.; removing a reference to court
168	rules relating to foreign guardians; amending s. 744.447,
169	F.S.; removing a reference to court rules relating to a
170	petition for authorization to act; amending s. 765.105,
171	F.S.; removing specific reference to a court rule relating
172	to the review of a decision by a surrogate or proxy;
173	amending s. 765.113, F.S.; removing specific reference to
174	a court rule relating to restrictions on providing
175	consent; amending s. 768.81, F.S.; removing a reference to
176	certain court rules relating to apportionment of damages
177	in comparative fault; amending s. 784.046, F.S.; removing
178	a reference to court rules relating to repeat violence,
179	sexual violence, or dating violence; amending s. 790.157,
180	F.S.; removing a reference to trial by jury in court rules
181	relating to the presumption of impairment; amending s.
182	896.101, F.S.; removing a reference to court rules
183	relating to the Florida Money Laundering Act; amending s.
184	916.13, F.S.; removing a reference to court rules relating
185	to involuntary commitment of a defendant who is
186	adjudicated incompetent; amending s. 916.15, F.S.;
187	removing a reference to court rules relating to
188	involuntary commitment of a defendant who is adjudicated
189	not guilty by reason of insanity; amending s. 916.302,
190	F.S.; removing a reference to court rules relating to
191	involuntary commitment of a defendant who is determined
192	incompetent to proceed; amending s. 924.07, F.S.; removing
193	a reference to court rules relating to appeals by the
194	state; amending s. 932.704, F.S.; removing a reference to
195	court rules relating to forfeiture proceedings; amending
196	s. 984.03, F.S.; removing a reference to court rules
197	relating to the definition of a dependent child;
198	redefining the term "dependent child"; amending s. 984.04,
199	F.S.; removing a reference to court rules relating to
200	families and children in need of services; amending s.
201	984.19, F.S.; removing a reference to court rules relating
202	to medical screening and treatment regarding custody;
203	amending s. 984.20, F.S.; removing references to court
204	rules relating to hearings for child-in-need-of-services
205	cases; amending s. 985.19, F.S.; removing references to
206	court rules relating to incompetency in juvenile
207	delinquency cases; amending s. 985.255, F.S.; removing a
208	reference to court rules relating to detention criteria
209	and hearings; amending s. 985.26, F.S.; removing a
210	reference to court rules relating to length of detention;
211	amending s. 985.35, F.S.; removing a reference to court
212	rules relating to adjudicatory hearings; amending s.
213	985.534, F.S.; removing a reference to court rules
214	relating to appeals; providing an effective date.
215
216	Be It Enacted by the Legislature of the State of Florida:
217
218	Section 1.  Paragraph (a) of subsection (5) of section
219	27.51, Florida Statutes, is amended to read:
220	27.51  Duties of public defender.--
221	(5)(a)  When direct appellate proceedings prosecuted by a
222	public defender on behalf of an accused and challenging a
223	judgment of conviction and sentence of death terminate in an
224	affirmance of such conviction and sentence, whether by the
225	Florida Supreme Court or by the United States Supreme Court or
226	by expiration of any deadline for filing such appeal in a state
227	or federal court, the public defender shall notify the accused
228	of his or her rights to file a motion to vacate, set aside, or
229	correct sentence pursuant to court rule 3.850, Florida Rules of
230	Criminal Procedure, including any time limits pertinent thereto,
231	and shall advise such person that representation in any
232	collateral proceedings is the responsibility of the capital
233	collateral regional counsel. The public defender shall then
234	forward all original files on the matter to the capital
235	collateral regional counsel, retaining such copies for his or
236	her files as may be desired. However, the trial court shall
237	retain the power to appoint the public defender or other
238	attorney not employed by the capital collateral regional counsel
239	to represent such person in proceedings for relief by executive
240	clemency pursuant to ss. 27.40 and 27.5303.
241	Section 2.  Subsection (2) of section 34.01, Florida
242	Statutes, is amended to read:
243	34.01  Jurisdiction of county court.--
244	(2)  The county courts shall have jurisdiction previously
245	exercised by county judges' courts other than that vested in the
246	circuit court by s. 26.012, except that county court judges may
247	hear matters involving dissolution of marriage under the
248	simplified dissolution procedure pursuant to the Florida Family
249	Law Rules of Procedure or may issue a final order for
250	dissolution in cases where the matter is uncontested, and the
251	jurisdiction previously exercised by county courts, the claims
252	court, small claims courts, small claims magistrates courts,
253	magistrates courts, justice of the peace courts, municipal
254	courts, and courts of chartered counties, including but not
255	limited to the counties referred to in ss. 9, 10, 11, and 24,
256	Art. VIII of the State Constitution of 1885, as preserved by s.
257	(6)(e), Art. VIII of the State Constitution of 1968.
258	Section 3.  Subsection (2) of section 34.011, Florida
259	Statutes, is amended to read:
260	34.011  Jurisdiction in landlord and tenant cases.--
261	(2)  The county court shall have exclusive jurisdiction of
262	proceedings relating to the right of possession of real property
263	and to the forcible or unlawful detention of lands and
264	tenements, except that the circuit court also has jurisdiction
265	if the amount in controversy exceeds the jurisdictional limits
266	of the county court or the circuit court otherwise has
267	jurisdiction as provided in s. 26.012. In cases transferred to
268	the circuit court pursuant to Rule 1.170(j), Florida Rules of
269	Civil Procedure, or Rule 7.100(d), Florida Small Claims Rules,
270	the demands of all parties shall be resolved by the circuit
271	court.
272	Section 4.  Paragraph (d) of subsection (14) of section
273	39.01, Florida Statutes, is amended to read:
274	39.01  Definitions.--When used in this chapter, unless the
275	context otherwise requires:
276	(14)  "Child who is found to be dependent" means a child
277	who, pursuant to this chapter, is found by the court:
278	(d)  To have been voluntarily placed with a licensed child-
279	placing agency for the purposes of subsequent adoption, and a
280	parent or parents have signed a consent to termination of
281	parental rights pursuant to the Florida Rules of Juvenile
282	Procedure;
283	Section 5.  Subsection (3) of section 39.4086, Florida
284	Statutes, is amended to read:
285	39.4086  Pilot program for attorneys ad litem for dependent
286	children.--
287	(3)  STANDARDS.--The Supreme Court is requested, by October
288	1, 2000, to adopt rules of juvenile procedure which include the
289	duties, responsibilities, and conduct of an attorney ad litem.
290	The Office of the State Courts Administrator, in consultation
291	with the Dependency Court Improvement Committee of the Supreme
292	Court, shall develop implementation guidelines for the attorney
293	ad litem pilot program.
294	Section 6.  Subsection (2) of section 39.504, Florida
295	Statutes, is amended to read:
296	39.504  Injunction pending disposition of petition;
297	penalty.--
298	(2)  Notice shall be provided to the parties as required by
299	court rule set forth in the Florida Rules of Juvenile Procedure,
300	unless the child is reported to be in imminent danger, in which
301	case the court may issue an injunction immediately. A judge may
302	issue an emergency injunction pursuant to this section without
303	notice at times when the court is closed for the transaction of
304	judicial business. When such an immediate injunction is issued,
305	the court shall hold a hearing on the next day of judicial
306	business either to dissolve the injunction or to continue or
307	modify it in accordance with the other provisions of this
308	section.
309	Section 7.  Paragraph (a) of subsection (1) and subsection
310	(2) of section 39.507, Florida Statutes, are amended to read:
311	39.507  Adjudicatory hearings; orders of adjudication.--
312	(1)(a)  The adjudicatory hearing shall be held as soon as
313	practicable after the petition for dependency is filed and in
314	accordance with court rule the Florida Rules of Juvenile
315	Procedure, but no later than 30 days after the arraignment.
316	(2)  All hearings, except as provided in this section,
317	shall be open to the public, and a person may not be excluded
318	except on special order of the judge, who may close any hearing
319	to the public upon determining that the public interest or the
320	welfare of the child is best served by so doing. The parents or
321	legal custodians shall be allowed to obtain discovery pursuant
322	to court rule the Florida Rules of Juvenile Procedure, provided
323	such discovery does not violate the provisions of s. 39.202.
324	Hearings involving more than one child may be held
325	simultaneously when the children involved are related to each
326	other or were involved in the same case. The child and the
327	parents, caregivers, or legal custodians of the child may be
328	examined separately and apart from each other.
329	Section 8.  Paragraphs (a) and (d) of subsection (1) of
330	section 39.603, Florida Statutes, are amended to read:
331	39.603  Court approvals of case planning.--
332	(1)  All case plans and amendments to case plans must be
333	approved by the court. At the hearing on the case plan, which
334	shall occur in conjunction with the disposition hearing unless
335	otherwise directed by the court, the court shall determine:
336	(a)  All parties who were notified and are in attendance at
337	the hearing, either in person or through a legal representative.
338	The court may appoint a guardian ad litem under Rule 1.210,
339	Florida Rules of Civil Procedure, to represent the interests of
340	any parent, if the location of the parent is known but the
341	parent is not present at the hearing and the development of the
342	plan is based upon the physical, emotional, or mental condition
343	or physical location of the parent.
344	(d)  In involuntary placements, whether each parent was
345	notified of the right to counsel at each stage of the dependency
346	proceedings, in accordance with the Florida Rules of Juvenile
347	Procedure.
348	Section 9.  Paragraphs (b) and (c) of subsection (2) of
349	section 39.701, Florida Statutes, are amended to read:
350	39.701  Judicial review.--
351	(2)
352	(b)  Citizen review panels may conduct hearings to review
353	the status of a child. The court shall select the cases
354	appropriate for referral to the citizen review panels and may
355	order the attendance of the parties at the review panel
356	hearings. However, any party may object to the referral of a
357	case to a citizen review panel. Whenever such an objection has
358	been filed with the court, the court shall review the substance
359	of the objection and may conduct the review itself or refer the
360	review to a citizen review panel. All parties retain the right
361	to take exception to the findings or recommended orders of a
362	citizen review panel in accordance with Rule 1.490(h), Florida
363	Rules of Civil Procedure.
364	(c)  Notice of a hearing by a citizen review panel must be
365	provided as set forth in subsection (5). At the conclusion of a
366	citizen review panel hearing, each party may propose a
367	recommended order to the chairperson of the panel. Thereafter,
368	the citizen review panel shall submit its report, copies of the
369	proposed recommended orders, and a copy of the panel's
370	recommended order to the court. The citizen review panel's
371	recommended order must be limited to the dispositional options
372	available to the court in subsection (9). Each party may file
373	exceptions to the report and recommended order of the citizen
374	review panel in accordance with Rule 1.490, Florida Rules of
375	Civil Procedure.
376	Section 10.  Paragraphs (b), (c), and (d) of subsection (3)
377	of section 39.801, Florida Statutes, are amended to read:
378	39.801  Procedures and jurisdiction; notice; service of
379	process.--
380	(3)  Before the court may terminate parental rights, in
381	addition to the other requirements set forth in this part, the
382	following requirements must be met:
383	(b)  If a party required to be served with notice as
384	prescribed in paragraph (a) cannot be served, notice of hearings
385	must be given as prescribed by the rules of civil procedure, and
386	service of process must be made as specified by law or civil
387	actions.
388	(b)(c)  Notice as prescribed by this section may be waived,
389	in the discretion of the judge, with regard to any person to
390	whom notice must be given under this subsection if the person
391	executes, before two witnesses and a notary public or other
392	officer authorized to take acknowledgments, a written surrender
393	of the child to a licensed child-placing agency or the
394	department.
395	(c)(d)  If the person served with notice under this section
396	fails to personally appear at the advisory hearing, the failure
397	to personally appear shall constitute consent for termination of
398	parental rights by the person given notice. If a parent appears
399	for the advisory hearing and the court orders that parent to
400	personally appear at the adjudicatory hearing for the petition
401	for termination of parental rights, stating the date, time, and
402	location of said hearing, then failure of that parent to
403	personally appear at the adjudicatory hearing shall constitute
404	consent for termination of parental rights.
405	Section 11.  Subsection (2) of section 39.802, Florida
406	Statutes, is amended to read:
407	39.802  Petition for termination of parental rights;
408	filing; elements.--
409	(2)  The form of the petition is governed by the Florida
410	Rules of Juvenile Procedure. The petition must be in writing and
411	signed by the petitioner or, if the department is the
412	petitioner, by an employee of the department, under oath stating
413	the petitioner's good faith in filing the petition.
414	Section 12.  Paragraph (d) of subsection (2) of section
415	39.807, Florida Statutes, is amended to read:
416	39.807  Right to counsel; guardian ad litem.--
417	(2)
418	(d)  A guardian ad litem is entitled to receive service of
419	pleadings and papers as provided by the Florida Rules of
420	Juvenile Procedure.
421	Section 13.  Subsection (1) of section 39.824, Florida
422	Statutes, is amended to read:
423	39.824  Procedures and jurisdiction.--
424	(1)  The Supreme Court is requested to adopt rules of
425	juvenile procedure by October 1, 1989, to implement this part.
426	All procedures, including petitions, pleadings, subpoenas,
427	summonses, and hearings in cases for the appointment of a
428	guardian advocate shall be according to the Florida Rules of
429	Juvenile Procedure unless otherwise provided by law.
430	Section 14.  Section 39.825, Florida Statutes, is amended
431	to read:
432	39.825  Petition for appointment of a guardian advocate.--A
433	petition for appointment of a guardian advocate may be filed by
434	the department, any relative of the child, any licensed health
435	care professional, or any other interested person. The petition
436	shall be in writing and shall be signed by the petitioner under
437	oath stating his or her good faith in filing the petition. The
438	form of the petition and its contents shall be determined by the
439	Florida Rules of Juvenile Procedure.
440	Section 15.  Subsection (3) of section 48.27, Florida
441	Statutes, is amended to read:
442	48.27  Certified process servers.--
443	(3)  Nothing herein shall be interpreted to exclude a
444	sheriff or deputy or other person appointed by the sheriff
445	pursuant to s. 48.021 from serving process or to exclude a
446	person from appointment by individual motion and order to serve
447	process in any civil action in accordance with Rule 1.070(b) of
448	the Florida Rules of Civil Procedure.
449	Section 16.  Subsection (1) of section 55.503, Florida
450	Statutes, is amended to read:
451	55.503  Recording and status of foreign judgments; fees.--
452	(1)  A copy of any foreign judgment certified in accordance
453	with the laws of the United States or of this state may be
454	recorded in the office of the clerk of the circuit court of any
455	county. The clerk shall file, record, and index the foreign
456	judgment in the same manner as a judgment of a circuit or county
457	court of this state. A judgment so recorded shall have the same
458	effect and shall be subject to the same rules of civil
459	procedure, legal and equitable defenses, and proceedings for
460	reopening, vacating, or staying judgments, and it may be
461	enforced, released, or satisfied, as a judgment of a circuit or
462	county court of this state.
463	Section 17.  Subsection (3) of section 56.29, Florida
464	Statutes, is amended to read:
465	56.29  Proceedings supplementary.--
466	(3)  The order shall be served in a reasonable time before
467	the date of the examination in the manner provided for service
468	of summons or may be served on such defendant or his or her
469	attorney as provided for service of papers in the rules of civil
470	procedure.
471	Section 18.  Paragraph (b) of subsection (2) of section
472	61.1301, Florida Statutes, is amended to read:
473	61.1301  Income deduction orders.--
474	(2)  ENFORCEMENT OF INCOME DEDUCTION ORDERS.--
475	(b)1.  Service by or upon any person who is a party to a
476	proceeding under this section shall be made in the manner
477	prescribed in court rule the Florida Rules of Civil Procedure
478	for service upon parties.
479	2.  Service upon an obligor's payor or successor payor
480	under this section shall be made by prepaid certified mail,
481	return receipt requested, or in the manner prescribed in chapter
482	48.
483	Section 19.  Paragraph (a) of subsection (6) of section
484	61.14, Florida Statutes, is amended to read:
485	61.14  Enforcement and modification of support,
486	maintenance, or alimony agreements or orders.--
487	(6)(a)1.  When support payments are made through the local
488	depository or through the State Disbursement Unit, any payment
489	or installment of support which becomes due and is unpaid under
490	any support order is delinquent; and this unpaid payment or
491	installment, and all other costs and fees herein provided for,
492	become, after notice to the obligor and the time for response as
493	set forth in this subsection, a final judgment by operation of
494	law, which has the full force, effect, and attributes of a
495	judgment entered by a court in this state for which execution
496	may issue. No deduction shall be made by the local depository
497	from any payment made for costs and fees accrued in the judgment
498	by operation of law process under paragraph (b) until the total
499	amount of support payments due the obligee under the judgment
500	has been paid.
501	2.  A certified statement by the local depository
502	evidencing a delinquency in support payments constitute evidence
503	of the final judgment under this paragraph.
504	3.  The judgment under this paragraph is a final judgment
505	as to any unpaid payment or installment of support which has
506	accrued up to the time either party files a motion with the
507	court to alter or modify the support order, and such judgment
508	may not be modified by the court. The court may modify such
509	judgment as to any unpaid payment or installment of support
510	which accrues after the date of the filing of the motion to
511	alter or modify the support order. This subparagraph does not
512	prohibit the court from providing relief from the judgment
513	pursuant to court rule 1.540, Florida Rules of Civil Procedure.
514	Section 20.  Subsection (2) of section 61.16, Florida
515	Statutes, is amended to read:
516	61.16  Attorney's fees, suit money, and costs.--
517	(2)  In an action for contempt brought pursuant to Rule
518	3.840, Florida Rules of Criminal Procedure, whether denominated
519	direct or indirect criminal contempt, the court shall have
520	authority to:
521	(a)  Appoint an attorney to prosecute said contempt.
522	(b)  Assess attorney's fees and costs against the
523	contemptor after the court makes a determination of the
524	contemptor's ability to pay such costs and fees.
525	(c)  Order that the amount be paid directly to the
526	attorney, who may enforce the order in his or her name.
527	Section 21.  Subsections (5) and (6) of section 63.087,
528	Florida Statutes, are amended to read:
529	63.087  Proceeding to terminate parental rights pending
530	adoption; general provisions.--
531	(5)  SUMMONS TO BE ISSUED.--The petitioner shall cause a
532	summons to be issued substantially in the form provided in Form
533	1.902, Florida Rules of Civil Procedure. The petition and
534	summons shall be served upon any person whose consent has been
535	provided but who has not waived service of the pleadings and
536	notice of the hearing thereon and also upon any person whose
537	consent is required but who has not provided that consent.
538	(6)  ANSWER REQUIRED.--An answer to the petition or any
539	pleading requiring an answer shall be filed in accordance with
540	the Florida Rules of Civil Procedure. Failure to file a written
541	response or to appear at the hearing on the petition constitutes
542	grounds upon which the court may terminate parental rights. The
543	petitioner shall provide notice of the final hearing by United
544	States mail to any person who has been served with the summons
545	and petition for termination of parental rights within the
546	specified time periods. Notwithstanding the filing of any answer
547	or any pleading, any person present at the hearing to terminate
548	parental rights pending adoption whose consent to adoption is
549	required under s. 63.062 must:
550	(a)  Be advised by the court that he or she has a right to
551	ask that the hearing be reset for a later date so that the
552	person may consult with an attorney; and
553	(b)  Be given an opportunity to deny the allegations in the
554	petition.
555	Section 22.  Subsection (2) of section 63.122, Florida
556	Statutes, is amended to read:
557	63.122  Notice of hearing on petition.--
558	(2)  Notice of hearing must be given as prescribed by the
559	Florida Rules of Civil Procedure, and service of process must be
560	made as required by court rule specified by law for civil
561	actions.
562	Section 23.  Subsection (2) of section 68.083, Florida
563	Statutes, is amended to read:
564	68.083  Civil actions for false claims.--
565	(2)  A person may bring a civil action for a violation of
566	s. 68.082 for the person and for the affected agency. Civil
567	actions instituted under this act shall be governed by the
568	Florida Rules of Civil Procedure and shall be brought in the
569	name of the State of Florida. Prior to the court unsealing the
570	complaint under subsection (3), the action may be voluntarily
571	dismissed by the person bringing the action only if the
572	department gives written consent to the dismissal and its
573	reasons for such consent.
574	Section 24.  Section 83.231, Florida Statutes, is amended
575	to read:
576	83.231  Removal of tenant; judgment.--If the issues are
577	found for plaintiff, judgment shall be entered that plaintiff
578	recover possession of the premises. If the plaintiff expressly
579	and specifically sought money damages in the complaint, in
580	addition to awarding possession of the premises to the
581	plaintiff, the court shall also direct, in an amount which is
582	within its jurisdictional limitations, the entry of a money
583	judgment in favor of the plaintiff and against the defendant for
584	the amount of money found due, owing, and unpaid by the
585	defendant, with costs. However, no money judgment shall be
586	entered unless service of process has been effected by personal
587	service or, where authorized by law, by certified or registered
588	mail, return receipt, or in any other manner prescribed by law
589	or the rules of the court, and no money judgment may be entered
590	except in compliance with the Florida Rules of Civil Procedure.
591	Where otherwise authorized by law, the plaintiff in the judgment
592	for possession and money damages may also be awarded attorney's
593	fees and costs. If the issues are found for defendant, judgment
594	shall be entered dismissing the action.
595	Section 25.  Section 83.625, Florida Statutes, is amended
596	to read:
597	83.625  Power to award possession and enter money
598	judgment.--In an action by the landlord for possession of a
599	dwelling unit based upon nonpayment of rent, if the court finds
600	the rent is due, owing, and unpaid and by reason thereof the
601	landlord is entitled to possession of the premises, the court,
602	in addition to awarding possession of the premises to the
603	landlord, shall direct, in an amount which is within its
604	jurisdictional limitations, the entry of a money judgment with
605	costs in favor of the landlord and against the tenant for the
606	amount of money found due, owing, and unpaid by the tenant to
607	the landlord. However, no money judgment shall be entered unless
608	service of process has been effected by personal service or,
609	where authorized by law, by certified or registered mail, return
610	receipt, or in any other manner prescribed by law or the rules
611	of the court; and no money judgment may be entered except in
612	compliance with the Florida Rules of Civil Procedure. The
613	prevailing party in the action may also be awarded attorney's
614	fees and costs.
615	Section 26.  Paragraph (c) of subsection (3) of section
616	222.30, Florida Statutes, is amended to read:
617	222.30  Fraudulent asset conversions.--
618	(3)  In an action for relief against a fraudulent asset
619	conversion, a creditor may obtain:
620	(c)  Subject to applicable principles of equity and in
621	accordance with applicable rules of civil procedure:
622	1.  An injunction against further conversion by the debtor
623	of the asset or of other property.
624	2.  Any other relief the circumstances may require.
625	Section 27.  Paragraph (b) of subsection (4) of section
626	255.071, Florida Statutes, is amended to read:
627	255.071  Payment of subcontractors, sub-subcontractors,
628	materialmen, and suppliers on construction contracts for public
629	projects.--
630	(4)  After service of the complaint, the court shall
631	conduct an evidentiary hearing on the complaint, upon not less
632	than 15 days' written notice. The person providing labor,
633	services, or materials is entitled to the following remedies to
634	the extent of the undisputed amount due for labor or services
635	performed or materials supplied, and upon proof of each
636	allegation in the complaint:
637	(b)  A temporary injunction against the person who received
638	the payment, subject to the bond requirements specified in court
639	rule the Florida Rules of Civil Procedure.
640	Section 28.  Subsection (4) of section 316.1934, Florida
641	Statutes, is amended to read:
642	316.1934  Presumption of impairment; testing methods.--
643	(4)  Any person charged with a violation of s. 316.193,
644	whether in a municipality or not, is entitled to trial by jury
645	according to the Florida Rules of Criminal Procedure.
646	Section 29.  Subsection (4) of section 327.354, Florida
647	Statutes, is amended to read:
648	327.354  Presumption of impairment; testing methods.--
649	(4)  Any person charged with a violation of s. 327.35 is
650	entitled to trial by jury according to the Florida Rules of
651	Criminal Procedure.
652	Section 30.  Subsection (2) of section 364.183, Florida
653	Statutes, is amended to read:
654	364.183  Access to company records.--
655	(2)  Discovery in any docket or proceeding before the
656	commission shall be in the manner provided for in Rule 1.280 of
657	the Florida Rules of Civil Procedure. Upon a showing by a
658	company or other person and a finding by the commission that
659	discovery will require the disclosure of proprietary
660	confidential business information, the commission shall issue an
661	appropriate protective order designating the manner for handling
662	such information during the course of the proceeding and for
663	protecting such information from disclosure outside the
664	proceeding. Such proprietary confidential business information
665	shall be exempt from s. 119.07(1). Any records provided pursuant
666	to a discovery request for which proprietary confidential
667	business information status is requested shall be treated by the
668	commission and the Office of the Public Counsel and any other
669	party subject to the public records law as confidential and
670	shall be exempt from s. 119.07(1), pending a formal ruling on
671	such request by the commission or the return of the records to
672	the person providing the records. Any record which has been
673	determined to be proprietary confidential business information
674	and is not entered into the official record of the proceeding
675	shall be returned to the person providing the record within 60
676	days after the final order, unless the final order is appealed.
677	If the final order is appealed, any such record shall be
678	returned within 30 days after the decision on appeal. The
679	commission shall adopt the necessary rules to implement this
680	subsection.
681	Section 31.  Subsection (2) of section 366.093, Florida
682	Statutes, is amended to read:
683	366.093  Public utility records; confidentiality.--
684	(2)  Discovery in any docket or proceeding before the
685	commission shall be in the manner provided for in Rule 1.280 of
686	the Florida Rules of Civil Procedure. Information which affects
687	a utility's rates or cost of service shall be considered
688	relevant for purposes of discovery in any docket or proceeding
689	where the utility's rates or cost of service are at issue. The
690	commission shall determine whether information requested in
691	discovery affects a utility's rates or cost of service. Upon a
692	showing by a utility or other person and a finding by the
693	commission that discovery will require the disclosure of
694	proprietary confidential business information, the commission
695	shall issue appropriate protective orders designating the manner
696	for handling such information during the course of the
697	proceeding and for protecting such information from disclosure
698	outside the proceeding. Such proprietary confidential business
699	information shall be exempt from s. 119.07(1). Any records
700	provided pursuant to a discovery request for which proprietary
701	confidential business information status is requested shall be
702	treated by the commission and the office of the Public Counsel
703	and any other party subject to the public records law as
704	confidential and shall be exempt from s. 119.07(1), pending a
705	formal ruling on such request by the commission or the return of
706	the records to the person providing the records. Any record
707	which has been determined to be proprietary confidential
708	business information and is not entered into the official record
709	of the proceeding must be returned to the person providing the
710	record within 60 days after the final order, unless the final
711	order is appealed. If the final order is appealed, any such
712	record must be returned within 30 days after the decision on
713	appeal. The commission shall adopt the necessary rules to
714	implement this provision.
715	Section 32.  Subsection (2) of section 367.156, Florida
716	Statutes, is amended to read:
717	367.156  Public utility records; confidentiality.--
718	(2)  Discovery in any docket or proceeding before the
719	commission shall be in the manner provided for in Rule 1.280 of
720	the Florida Rules of Civil Procedure. Information which affects
721	a utility's rates or cost of service shall be considered
722	relevant for purposes of discovery in any docket or proceeding
723	where the utility's rates or cost of service are at issue. The
724	commission shall determine whether information requested in
725	discovery affects a utility's rates or cost of service. Upon
726	showing by a utility or other person and a finding by the
727	commission that discovery will require the disclosure of
728	proprietary confidential business information, the commission
729	shall issue appropriate protective orders designating the manner
730	for handling such information during the course of the
731	proceeding and for protecting such information from disclosure
732	outside the proceeding. Such proprietary confidential business
733	information shall be exempt from s. 119.07(1). Any records
734	provided pursuant to a discovery request for which proprietary
735	confidential business information status is requested shall be
736	treated by the commission and the office of the Public Counsel
737	and any other party subject to the public records act as
738	confidential and shall be exempt from s. 119.07(1), pending a
739	formal ruling on such request by the commission or the return of
740	the records to the person providing the records. Any record
741	which has been determined to be proprietary confidential
742	business information and is not entered into the official record
743	of the proceeding must be returned to the person providing the
744	record within 60 days after the final order, unless the final
745	order is appealed. If the final order is appealed, any such
746	record must be returned within 30 days after the decision on
747	appeal. The commission shall adopt the necessary rules to
748	implement this provision.
749	Section 33.  Subsection (2) of section 368.108, Florida
750	Statutes, is amended to read:
751	368.108  Confidentiality; discovery.--
752	(2)  Discovery in any docket or proceeding before the
753	commission shall be in the manner provided for in Rule 1.280 of
754	the Florida Rules of Civil Procedure. Information which affects
755	a natural gas transmission company's rates or cost of service
756	shall be considered relevant for purposes of discovery in any
757	docket or proceeding where the natural gas transmission
758	company's rates or cost of service are at issue. The commission
759	shall determine whether information requested in discovery
760	affects a natural gas transmission company's rates or cost of
761	service. Upon a showing by a natural gas transmission company or
762	other person and a finding by the commission that discovery will
763	require the disclosure of proprietary confidential business
764	information, the commission shall issue appropriate protective
765	orders designating the manner for handling such information
766	during the course of the proceeding and for protecting such
767	information from disclosure outside the proceeding. Such
768	proprietary confidential business information shall be exempt
769	from s. 119.07(1). Any records provided pursuant to a discovery
770	request for which proprietary confidential business information
771	status is requested shall be treated by the commission and the
772	office of the Public Counsel and any other party subject to the
773	public records law as confidential and shall be exempt from s.
774	119.07(1) pending a formal ruling on such request by the
775	commission or the return of the records to the person providing
776	the records. Any record which has been determined to be
777	proprietary confidential business information and is not entered
778	into the official record of the proceeding must be returned to
779	the person providing the record within 60 days after the final
780	order, unless the final order is appealed. If the final order is
781	appealed, any such record must be returned within 30 days after
782	the decision on appeal. The commission shall adopt the necessary
783	rules to implement this provision.
784	Section 34.  Subsection (1) of section 392.60, Florida
785	Statutes, is amended to read:
786	392.60  Right of appeal; immediate release.--
787	(1)  Any person who is aggrieved by the entry of an order
788	under s. 392.55, s. 392.56, or s. 392.57 may shall have the
789	period of time provided by the Florida Rules of Appellate
790	Procedure within which to appeal an order of from the circuit
791	court. Every order entered under the terms of s. 392.55, s.
792	392.56, or s. 392.57 shall be executed immediately unless the
793	court entering such order or the appellate court, in its
794	discretion, enters a supersedeas order and fixes the terms and
795	conditions thereof.
796	Section 35.  Paragraph (a) of subsection (12) of section
797	393.11, Florida Statutes, is amended to read:
798	393.11  Involuntary admission to residential services.--
799	(12)  APPEAL.--
800	(a)  Any party to the proceeding who is affected by an
801	order of the court, including the agency, may appeal to the
802	appropriate district court of appeal within the time and in the
803	manner prescribed by the Florida Rules of Appellate Procedure.
804	Section 36.  Paragraph (b) of subsection (1) of section
805	393.12, Florida Statutes, is amended to read:
806	393.12  Capacity; appointment of guardian advocate.--
807	(1)  CAPACITY.--
808	(b)  The issue of capacity of a person with developmental
809	disabilities shall be determined in a separate proceeding
810	according to the procedures and requirements of chapter 744 and
811	the Florida Probate Rules.
812	Section 37.  Paragraph (a) of subsection (7) and
813	subsections (10) and (11) of section 400.0233, Florida Statutes,
814	are amended to read:
815	400.0233  Presuit notice; investigation; notification of
816	violation of resident's rights or alleged negligence; claims
817	evaluation procedure; informal discovery; review; settlement
818	offer; mediation.--
819	(7)  Informal discovery may be used by a party to obtain
820	unsworn statements and the production of documents or things as
821	follows:
822	(a)  Unsworn statements.--Any party may require other
823	parties to appear for the taking of an unsworn statement. Such
824	statements may be used only for the purpose of claims evaluation
825	and are not discoverable or admissible in any civil action for
826	any purpose by any party. A party seeking to take the unsworn
827	statement of any party must give reasonable notice in writing to
828	all parties. The notice must state the time and place for taking
829	the statement and the name and address of the party to be
830	examined. Unless otherwise impractical, the examination of any
831	party must be done at the same time by all other parties. Any
832	party may be represented by counsel at the taking of an unsworn
833	statement. An unsworn statement may be recorded electronically,
834	stenographically, or on videotape. The procedure for the taking
835	of an unsworn statement shall be as if the statement were an
836	unsworn statement as provided in statements is subject to the
837	provisions of the Florida Rules of Civil Procedure related to
838	medical malpractice presuit screening. The taking of the
839	statement and may be terminated for abuses.
840	(10)  To the extent not inconsistent with this part, the
841	provisions of chapter 44 and the Florida Mediation Code, Florida
842	Rules of Civil Procedure, shall be applicable to such
843	proceedings.
844	(11)  Within 30 days after the claimant's receipt of the
845	defendant's response to the claim, the parties or their
846	designated representatives shall meet in mediation to discuss
847	the issues of liability and damages in accordance with chapter
848	44 and the mediation rules of practice and procedures adopted by
849	the Supreme Court and applicable to civil actions in circuit
850	court. Upon stipulation of the parties, this 30-day period may
851	be extended and the statute of limitations is tolled during the
852	mediation and any such extension. At the conclusion of
853	mediation, the claimant shall have 60 days or the remainder of
854	the period of the statute of limitations, whichever is greater,
855	within which to file suit.
856	Section 38.  Subsection (1) of section 400.0237, Florida
857	Statutes, is amended to read:
858	400.0237  Punitive damages; pleading; burden of proof.--
859	(1)  In any action for damages brought under this part, no
860	claim for punitive damages shall be permitted unless there is a
861	reasonable showing by evidence in the record or proffered by the
862	claimant which would provide a reasonable basis for recovery of
863	such damages. The claimant may move to amend her or his
864	complaint to assert a claim for punitive damages as allowed by
865	the rules of civil procedure. The rules of civil procedure shall
866	be liberally construed so as to allow the claimant discovery of
867	evidence which appears reasonably calculated to lead to
868	admissible evidence on the issue of punitive damages. No
869	discovery of financial worth shall proceed until after the
870	pleading concerning punitive damages is permitted.
871	Section 39.  Paragraph (m) of subsection (4) of section
872	409.2563, Florida Statutes, is amended to read:
873	409.2563  Administrative establishment of child support
874	obligations.--
875	(4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
876	SUPPORT ORDER.--To commence a proceeding under this section, the
877	department shall provide to the custodial parent and serve the
878	noncustodial parent with a notice of proceeding to establish
879	administrative support order and a blank financial affidavit
880	form. The notice must state:
881	(m)  That, neither the department nor the Division of
882	Administrative Hearings has jurisdiction to award or change
883	child custody or rights of parental contact and these issues may
884	only be addressed in circuit court.
885	1.  The noncustodial parent may request in writing that the
886	department proceed in circuit court to determine his or her
887	support obligations.
888	2.  The noncustodial parent may state in writing to the
889	department his or her intention to address issues concerning
890	custody or rights to parental contact in circuit court.
891	3.  If the noncustodial parent submits the request
892	authorized in subparagraph 1., or the statement authorized in
893	subparagraph 2. to the department within 20 days after the
894	receipt of the initial notice, the department shall file a
895	petition in circuit court for the determination of the
896	noncustodial parent's child support obligations, and shall send
897	to the noncustodial parent a copy of its petition, a notice of
898	commencement of action, and a request for waiver of service of
899	process as provided in the Florida Rules of Civil Procedure.
900	4.  If, within 10 days after receipt of the department's
901	petition and waiver of service, the noncustodial parent signs
902	and returns the waiver of service form to the department, the
903	department shall terminate the administrative proceeding without
904	prejudice and proceed in circuit court.
905	5.  In any circuit court action filed by the department
906	pursuant to this paragraph or filed by a noncustodial parent or
907	other person pursuant to paragraph (l) or paragraph (n), the
908	department shall be a party only with respect to those issues of
909	support allowed and reimbursable under Title IV-D of the Social
910	Security Act. It is the responsibility of the noncustodial
911	parent or other person to take the necessary steps to present
912	other issues for the court to consider.
913
914	The department may serve the notice of proceeding to establish
915	administrative support order by certified mail, restricted
916	delivery, return receipt requested. Alternatively, the
917	department may serve the notice by any means permitted for
918	service of process in a civil action. For purposes of this
919	section, an authorized employee of the department may serve the
920	notice and execute an affidavit of service. Service by certified
921	mail is completed when the certified mail is received or refused
922	by the addressee or by an authorized agent as designated by the
923	addressee in writing. If a person other than the addressee signs
924	the return receipt, the department shall attempt to reach the
925	addressee by telephone to confirm whether the notice was
926	received, and the department shall document any telephonic
927	communications. If someone other than the addressee signs the
928	return receipt, the addressee does not respond to the notice,
929	and the department is unable to confirm that the addressee has
930	received the notice, service is not completed and the department
931	shall attempt to have the addressee served personally. The
932	department shall provide the custodial parent or caretaker
933	relative with a copy of the notice by regular mail to the last
934	known address of the custodial parent or caretaker.
935	Section 40.  Subsection (4) of section 409.257, Florida
936	Statutes, is amended to read:
937	409.257  Service of process.--
938	(4)  Notices and other intermediate process, except witness
939	subpoenas, shall be served by the department as provided for in
940	court rule the Florida Rules of Civil Procedure.
941	Section 41.  Paragraph (b) of subsection (2) of section
942	415.1045, Florida Statutes, is amended to read:
943	415.1045  Photographs, videotapes, and medical
944	examinations; abrogation of privileged communications;
945	confidential records and documents.--
946	(2)  MEDICAL EXAMINATIONS.--
947	(b)  Upon admission to a hospital or health care facility,
948	with the consent of the vulnerable adult who has capacity to
949	consent or that person's guardian, or pursuant to s. 415.1051,
950	the medical staff of the facility may examine, diagnose, or
951	treat the vulnerable adult. If a person who has legal authority
952	to give consent for the provision of medical treatment to a
953	vulnerable adult has not given or has refused to give such
954	consent, examination and treatment must be limited to reasonable
955	examination of the patient to determine the medical condition of
956	the patient and treatment reasonably necessary to alleviate the
957	medical condition or to stabilize the patient pending a
958	determination by the court of the department's petition
959	authorizing protective services. Any person may seek an
960	expedited judicial intervention under rule 5.900 of the Florida
961	Probate Rules concerning medical treatment procedures.
962	Section 42.  Paragraph (c) of subsection (2) of section
963	415.1051, Florida Statutes, is amended to read:
964	415.1051  Protective services interventions when capacity
965	to consent is lacking; nonemergencies; emergencies; orders;
966	limitations.--
967	(2)  EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If the
968	department has reasonable cause to believe that a vulnerable
969	adult is suffering from abuse or neglect that presents a risk of
970	death or serious physical injury to the vulnerable adult and
971	that the vulnerable adult lacks the capacity to consent to
972	emergency protective services, the department may take action
973	under this subsection. If the vulnerable adult has the capacity
974	to consent and refuses consent to emergency protective services,
975	emergency protective services may not be provided.
976	(c)  Emergency medical treatment.--If, upon admission to a
977	medical facility, it is the opinion of the medical staff that
978	immediate medical treatment is necessary to prevent serious
979	physical injury or death, and that such treatment does not
980	violate a known health care advance directive prepared by the
981	vulnerable adult, the medical facility may proceed with
982	treatment to the vulnerable adult. If a person with legal
983	authority to give consent for the provision of medical treatment
984	to a vulnerable adult has not given or has refused to give such
985	consent, examination and treatment must be limited to reasonable
986	examination of the patient to determine the medical condition of
987	the patient and treatment reasonably necessary to alleviate the
988	emergency medical condition or to stabilize the patient pending
989	court determination of the department's petition authorizing
990	emergency protective services. Any person may seek an expedited
991	judicial intervention under rule 5.900 of the Florida Probate
992	Rules concerning medical treatment procedures.
993	Section 43.  Paragraph (a) of subsection (7) and
994	subsections (10) and (11) of section 429.293, Florida Statutes,
995	are amended to read:
996	429.293  Presuit notice; investigation; notification of
997	violation of residents' rights or alleged negligence; claims
998	evaluation procedure; informal discovery; review; settlement
999	offer; mediation.--
1000	(7)  Informal discovery may be used by a party to obtain
1001	unsworn statements and the production of documents or things, as
1002	follows:
1003	(a)  Unsworn statements.--Any party may require other
1004	parties to appear for the taking of an unsworn statement. Such
1005	statements may be used only for the purpose of claims evaluation
1006	and are not discoverable or admissible in any civil action for
1007	any purpose by any party. A party seeking to take the unsworn
1008	statement of any party must give reasonable notice in writing to
1009	all parties. The notice must state the time and place for taking
1010	the statement and the name and address of the party to be
1011	examined. Unless otherwise impractical, the examination of any
1012	party must be done at the same time by all other parties. Any
1013	party may be represented by counsel at the taking of an unsworn
1014	statement. An unsworn statement may be recorded electronically,
1015	stenographically, or on videotape. The procedure for the taking
1016	of an unsworn statement shall be as if the statement were an
1017	unsworn statement as provided in statements is subject to the
1018	provisions of the Florida Rules of Civil Procedure related to
1019	medical malpractice presuit screening. The taking of the
1020	statement and may be terminated for abuses.
1021	(10)  To the extent not inconsistent with this part, the
1022	provisions of chapter 44 and the Florida Mediation Code, Florida
1023	Rules of Civil Procedure, shall be applicable to such
1024	proceedings.
1025	(11)  Within 30 days after the claimant's receipt of
1026	defendant's response to the claim, the parties or their
1027	designated representatives shall meet in mediation to discuss
1028	the issues of liability and damages in accordance with chapter
1029	44 and the mediation rules of practice and procedures adopted by
1030	the Supreme Court and applicable to civil actions in circuit
1031	court. Upon stipulation of the parties, this 30-day period may
1032	be extended and the statute of limitations is tolled during the
1033	mediation and any such extension. At the conclusion of
1034	mediation, the claimant shall have 60 days or the remainder of
1035	the period of the statute of limitations, whichever is greater,
1036	within which to file suit.
1037	Section 44.  Section 440.31, Florida Statutes, is amended
1038	to read:
1039	440.31  Witness fees.--
1040	(1)  Each witness who appears in obedience to a subpoena is
1041	shall be entitled to the same fees as witnesses in a civil
1042	action in the circuit court.; however, any
1043	(2)  Each expert witness, as defined in Rule 1.390(a) of
1044	the Florida Rules of Civil Procedure, who testifies shall have
1045	testified in any proceeding under this chapter shall be allowed
1046	a witness fee, including the cost of any exhibits used by such
1047	witness, in such reasonable amount as the judge of compensation
1048	claims may determine, not in excess of the rate prevailing in
1049	the locality for witness fees for such expert witnesses in
1050	workers' compensation proceedings, notwithstanding the
1051	limitation provided in s. 92.231. As used in this subsection,
1052	the term "expert witness" means a person duly and regularly
1053	engaged in the practice of a profession who holds a professional
1054	degree from a university or college and who has had special
1055	professional training and experience, or a person possessed of
1056	special knowledge or skill about the subject upon which he or
1057	she is called to testify.
1058	Section 45.  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
1062	employee organization, or any officer, agent, or representative
1063	of any employee organization engages in a strike in violation of
1064	s. 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
1068	under the Florida Rules of Civil Procedure and Florida Statutes.
1069	The 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
1076	shall either make the injunction permanent or dissolve it.
1077	Section 46.  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
1082	brought as a class action pursuant to Rule 1.220, Florida Rules
1083	of Civil Procedure. In any class action brought pursuant to this
1084	section, the plaintiffs shall prove, by a preponderance of the
1085	evidence, the individual identity of each class member and the
1086	individual damages of each class member.
1087	Section 47.  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
1090	or 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
1101	or 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
1107	both 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
1111	the patient's legal representative by the party seeking such
1112	records.
1113	4.  For statistical and scientific research, provided the
1114	information is abstracted in such a way as to protect the
1115	identity of the patient or provided written permission is
1116	received from the patient or the patient's legal representative.
1117	5.  To a regional poison control center for purposes of
1118	treating a poison episode under evaluation, case management of
1119	poison cases, or compliance with data collection and reporting
1120	requirements of s. 395.1027 and the professional organization
1121	that certifies poison control centers in accordance with federal
1122	law.
1123	Section 48.  Paragraph (b) of subsection (3) of section
1124	518.112, Florida Statutes, is amended to read:
1125	518.112  Delegation of investment functions.--
1126	(3)  A fiduciary may delegate investment functions to an
1127	investment agent under subsection (1) or subsection (2), if:
1128	(b)  In the case of a trust or estate, the fiduciary has
1129	given written notice, of its intention to begin delegating
1130	investment functions under this section, to all beneficiaries,
1131	or their legal representative, eligible to receive distributions
1132	from the trust or estate within 30 days of the delegation unless
1133	such notice is waived by the eligible beneficiaries entitled to
1134	receive such notice. This notice shall thereafter, until or
1135	unless the beneficiaries eligible to receive income from the
1136	trust or distributions from the estate at the time are notified
1137	to the contrary, authorize the trustee or legal representative
1138	to delegate investment functions pursuant to this subsection.
1139	This discretion to revoke the delegation does not imply under
1140	subsection (2) any continuing obligation to review the agent's
1141	actions.
1142	1.  Notice to beneficiaries eligible to receive
1143	distributions from the trust from the estate, or their legal
1144	representatives shall be sufficient notice to all persons who
1145	may join the eligible class of beneficiaries in the future.
1146	2.  Additionally, as used herein, legal representative
1147	includes one described in s. 731.303, without any requirement of
1148	a court order, an attorney-in-fact under a durable power of
1149	attorney sufficient to grant such authority, a legally appointed
1150	guardian, or equivalent under applicable law, any living,
1151	natural guardian of a minor child, or a guardian ad litem.
1152	3.  Written notice shall be:
1153	a.  By any form of mail or by any commercial delivery
1154	service, approved for service of process by the chief judge of
1155	the judicial circuit in which the trust has its principal place
1156	of business at the date of notice, requiring a signed receipt;
1157	or
1158	b.  As provided by law for service of process; or
1159	c.  By an elisor as may be provided in the Florida Rules of
1160	Civil Procedure.
1161
1162	Notice by mail or by approved commercial delivery service is
1163	complete on receipt of notice. Proof of notice must be by
1164	verified statement of the person mailing or sending notice, and
1165	there must be attached thereto the signed receipt or other
1166	satisfactory evidence that delivery was effected on the
1167	addressee or on the addressee's agent. Proof of notice must be
1168	maintained among the trustee's permanent records.
1169	Section 49.  Subsection (4) of section 552.40, Florida
1170	Statutes, is amended to read:
1171	552.40  Administrative remedy for alleged damage due to the
1172	use of explosives in connection with construction materials
1173	mining activities.--
1174	(4)  The administrative judge shall issue an order
1175	directing mediation under Rule 1700 et seq., Florida Rules of
1176	Civil Procedure. The parties shall jointly select a mediator and
1177	the location of mediation. If the parties fail to do so within
1178	30 days after the order for mediation is issued, the
1179	administrative law judge shall designate the mediator and the
1180	location of mediation. Petitioner and respondent shall each pay
1181	one-half of the cost of mediation. If the petitioner's annual
1182	income is less than 150 percent of the applicable federal
1183	poverty guideline published in the Federal Register by the
1184	United States Department of Health and Human Services, the
1185	respondent shall bear the full cost of mediation. The mediation
1186	must be concluded within 60 days after the date of designation
1187	of the mediator unless the parties agree upon a different date.
1188	Section 50.  Paragraph (b) of subsection (1) and subsection
1189	(5) of section 607.0505, Florida Statutes, are amended to read:
1190	607.0505  Registered agent; duties.--
1191	(1)
1192	(b)  Each such corporation, foreign corporation, or alien
1193	business organization which fails to have and continuously
1194	maintain a registered office and a registered agent as required
1195	in this section will be liable to this state for $500 for each
1196	year, or part of a year, during which the corporation, foreign
1197	corporation, or alien business organization fails to comply with
1198	these requirements; but such liability will be forgiven in full
1199	upon the compliance by the corporation, foreign corporation, or
1200	alien business organization with the requirements of this
1201	subsection, even if such compliance occurs after an action to
1202	collect such liability is instituted. The Department of Legal
1203	Affairs may file an action in the circuit court for the judicial
1204	circuit in which the corporation, foreign corporation, or alien
1205	business organization is found or transacts business, or in
1206	which real property belonging to the corporation, foreign
1207	corporation, or alien business organization is located, to
1208	petition the court for an order directing that a registered
1209	agent be appointed and that a registered office be designated,
1210	and to obtain judgment for the amount owed under this
1211	subsection. In connection with such proceeding, the department
1212	may, without prior approval by the court, file a lis pendens
1213	against real property owned by the corporation, foreign
1214	corporation, or alien business organization, which lis pendens
1215	shall set forth the legal description of the real property and
1216	shall be filed in the public records of the county where the
1217	real property is located. If the lis pendens is filed in any
1218	county other than the county in which the action is pending, the
1219	lis pendens which is filed must be a certified copy of the
1220	original lis pendens. The failure to comply timely or fully with
1221	an order directing that a registered agent be appointed and that
1222	a registered office be designated will result in a civil penalty
1223	of not more than $1,000 for each day of noncompliance. A
1224	judgment or an order of payment entered pursuant to this
1225	subsection will become a judgment lien against any real property
1226	owned by the corporation, foreign corporation, or alien business
1227	organization when a certified copy of the judgment or order is
1228	recorded as required by s. 55.10. The department will be able to
1229	avail itself of, and is entitled to use, any provision of law or
1230	of the Florida Rules of Civil Procedure to further the
1231	collecting or obtaining of payment pursuant to a judgment or
1232	order of payment. The state, through the Attorney General, may
1233	bid, at any judicial sale to enforce its judgment lien, any
1234	amount up to the amount of the judgment or lien obtained
1235	pursuant to this subsection. All moneys recovered under this
1236	subsection shall be treated as forfeitures under ss. 895.01-
1237	895.09 and used or distributed in accordance with the procedure
1238	set forth in s. 895.09. A corporation, foreign corporation, or
1239	alien business organization which fails to have and continuously
1240	maintain a registered office and a registered agent as required
1241	in this section may not defend itself against any action
1242	instituted by the Department of Legal Affairs or by any other
1243	agency of this state until the requirements of this subsection
1244	have been met.
1245	(5)  If a corporation, foreign corporation, or alien
1246	business organization fails without lawful excuse to comply
1247	timely or fully with a subpoena issued pursuant to subsection
1248	(2), the Department of Legal Affairs may file an action in the
1249	circuit court for the judicial circuit in which the corporation,
1250	foreign corporation, or alien business organization is found or
1251	transacts business or in which real property belonging to the
1252	corporation, foreign corporation, or alien business organization
1253	is located, for an order compelling compliance with the
1254	subpoena. The failure without a lawful excuse to comply timely
1255	or fully with an order compelling compliance with the subpoena
1256	will result in a civil penalty of not more than $1,000 for each
1257	day of noncompliance with the order. In connection with such
1258	proceeding, the department may, without prior approval by the
1259	court, file a lis pendens against real property owned by the
1260	corporation, foreign corporation, or alien business
1261	organization, which lis pendens shall set forth the legal
1262	description of the real property and shall be filed in the
1263	public records of the county where the real property is located.
1264	If the lis pendens is filed in any county other than the county
1265	in which the action is pending, the lis pendens which is filed
1266	must be a certified copy of the original lis pendens. A judgment
1267	or an order of payment entered pursuant to this subsection will
1268	become a judgment lien against any real property owned by the
1269	corporation, foreign corporation, or alien business organization
1270	when a certified copy of the judgment or order is recorded as
1271	required by s. 55.10. The department will be able to avail
1272	itself of, and is entitled to use, any provision of law or of
1273	the Florida Rules of Civil Procedure to further the collecting
1274	or obtaining of payment pursuant to a judgment or order of
1275	payment. The state, through the Attorney General, may bid, at
1276	any judicial sale to enforce its judgment lien, an amount up to
1277	the amount of the judgment or lien obtained pursuant to this
1278	subsection. All moneys recovered under this subsection shall be
1279	treated as forfeitures under ss. 895.01-895.09 and used or
1280	distributed in accordance with the procedure set forth in s.
1281	895.09.
1282	Section 51.  Paragraph (b) of subsection (1) and subsection
1283	(5) of section 617.0503, Florida Statutes, are amended to read:
1284	617.0503  Registered agent; duties; confidentiality of
1285	investigation records.--
1286	(1)
1287	(b)  Each such corporation, foreign corporation, or alien
1288	business organization that fails to have and continuously
1289	maintain a registered office and a registered agent as required
1290	in this section is liable to this state for $500 for each year,
1291	or part of a year, during which the corporation, foreign
1292	corporation, or alien business organization fails to comply with
1293	these requirements; but this liability is forgiven in full upon
1294	the compliance by the corporation, foreign corporation, or alien
1295	business organization with the requirements of this subsection,
1296	even if that compliance occurs after an action to collect such
1297	amount is instituted. The Department of Legal Affairs may file
1298	an action in the circuit court for the judicial circuit in which
1299	the corporation, foreign corporation, or alien business
1300	organization is found or transacts business, or in which real
1301	property belonging to the corporation, foreign corporation, or
1302	alien business organization is located, to petition the court
1303	for an order directing that a registered agent be appointed and
1304	that a registered office be designated, and to obtain judgment
1305	for the amount owed under this subsection. In connection with
1306	such proceeding, the department may, without prior approval by
1307	the court, file a lis pendens against real property owned by the
1308	corporation, foreign corporation, or alien business
1309	organization, which lis pendens shall set forth the legal
1310	description of the real property and shall be filed in the
1311	public records of the county where the real property is located.
1312	If the lis pendens is filed in any county other than the county
1313	in which the action is pending, the lis pendens that is filed
1314	must be a certified copy of the original lis pendens. The
1315	failure to comply timely or fully with an order directing that a
1316	registered agent be appointed and that a registered office be
1317	designated will result in a civil penalty of not more than
1318	$1,000 for each day of noncompliance. A judgment or an order of
1319	payment entered under this subsection becomes a judgment lien
1320	against any real property owned by the corporation, foreign
1321	corporation, or alien business organization when a certified
1322	copy of the judgment or order is recorded as required by s.
1323	55.10. The department may avail itself of, and is entitled to
1324	use, any provision of law or of the Florida Rules of Civil
1325	Procedure to further the collecting or obtaining of payment
1326	pursuant to a judgment or order of payment. The state, through
1327	the Attorney General, may bid, at any judicial sale to enforce
1328	its judgment lien, any amount up to the amount of the judgment
1329	or lien obtained pursuant to this subsection. All moneys
1330	recovered under this subsection shall be treated as forfeitures
1331	under ss. 895.01-895.09 and used or distributed in accordance
1332	with the procedure set forth in s. 895.09. A corporation,
1333	foreign corporation, or alien business organization that fails
1334	to have and continuously maintain a registered office and a
1335	registered agent as required in this section may not defend
1336	itself against any action instituted by the Department of Legal
1337	Affairs or by any other agency of this state until the
1338	requirements of this subsection have been met.
1339	(5)  If a corporation, foreign corporation, or alien
1340	business organization fails without lawful excuse to comply
1341	timely or fully with a subpoena issued pursuant to subsection
1342	(2), the Department of Legal Affairs may file an action in the
1343	circuit court for the judicial circuit in which the corporation,
1344	foreign corporation, or alien business organization is found or
1345	transacts business or in which real property belonging to the
1346	corporation, foreign corporation, or alien business organization
1347	is located, for an order compelling compliance with the
1348	subpoena. The failure without a lawful excuse to comply timely
1349	or fully with an order compelling compliance with the subpoena
1350	will result in a civil penalty of not more than $1,000 for each
1351	day of noncompliance with the order. In connection with such
1352	proceeding, the department may, without prior approval by the
1353	court, file a lis pendens against real property owned by the
1354	corporation, foreign corporation, or alien business
1355	organization, which lis pendens shall set forth the legal
1356	description of the real property and shall be filed in the
1357	public records of the county where the real property is located.
1358	If the lis pendens is filed in any county other than the county
1359	in which the action is pending, the lis pendens that is filed
1360	must be a certified copy of the original lis pendens. A judgment
1361	or an order of payment entered pursuant to this subsection will
1362	become a judgment lien against any real property owned by the
1363	corporation, foreign corporation, or alien business organization
1364	when a certified copy of the judgment or order is recorded as
1365	required by s. 55.10. The department may avail itself of, and is
1366	entitled to use, any provision of law or of the Florida Rules of
1367	Civil Procedure to further the collecting or obtaining of
1368	payment pursuant to a judgment or order of payment. The state,
1369	through the Attorney General, may bid at any judicial sale to
1370	enforce its judgment lien, an amount up to the amount of the
1371	judgment or lien obtained pursuant to this subsection. All
1372	moneys recovered under this subsection shall be treated as
1373	forfeitures under ss. 895.01-895.09 and used or distributed in
1374	accordance with the procedure set forth in s. 895.09.
1375	Section 52.  Subsection (1) of section 655.059, Florida
1376	Statutes, is amended to read:
1377	655.059  Access to books and records; confidentiality;
1378	penalty for disclosure.--
1379	(1)  The books and records of a financial institution are
1380	confidential and shall be made available for inspection and
1381	examination only:
1382	(a)  To the office or its duly authorized representative;
1383	(b)  To any person duly authorized to act for the financial
1384	institution;
1385	(c)  To any federal or state instrumentality or agency
1386	authorized to inspect or examine the books and records of an
1387	insured financial institution;
1388	(d)  With respect to an international banking corporation,
1389	to the home-country supervisor of the corporation, provided:
1390	1.  The supervisor provides advance notice to the office
1391	that the supervisor intends to examine the Florida office of the
1392	corporation.
1393	2.  The supervisor confirms to the office that the purpose
1394	of the examination is to ensure the safety and soundness of the
1395	corporation.
1396	3.  The books and records pertaining to customer deposit,
1397	investment, and custodial accounts are not disclosed to the
1398	supervisor.
1399	4.  At any time during the conduct of the examination, the
1400	office reserves the right to have an examiner present or to
1401	participate jointly in the examination.
1402
1403	For purposes of this paragraph, "home-country supervisor" means
1404	the governmental entity in the corporation's home country with
1405	responsibility for the supervision and regulation of the
1406	corporation;
1407	(e)  As compelled by a court of competent jurisdiction,
1408	pursuant to a subpoena issued pursuant to the Florida Rules of
1409	Civil Procedure, the Florida Rules of Criminal Procedure, or the
1410	Federal Rules of Civil Procedure, or pursuant to a subpoena
1411	issued in accordance with state or federal law. Prior to the
1412	production of the books and records of a financial institution,
1413	the party seeking production must reimburse the financial
1414	institution for the reasonable costs and fees incurred in
1415	compliance with the production. If the parties disagree
1416	regarding the amount of reimbursement, the party seeking the
1417	records may request the court or agency having jurisdiction to
1418	set the amount of reimbursement;
1419	(f)  As compelled by legislative subpoena as provided by
1420	law, in which case the provisions of s. 655.057 apply;
1421	(g)  Pursuant to a subpoena, to any federal or state law
1422	enforcement or prosecutorial instrumentality authorized to
1423	investigate suspected criminal activity;
1424	(h)  As authorized by the board of directors of the
1425	financial institution; or
1426	(i)  As provided in subsection (2).
1427	Section 53.  Paragraph (b) of subsection (4) of section
1428	713.346, Florida Statutes, is amended to read:
1429	713.346  Payment on construction contracts.--
1430	(4)  After service of the complaint, the court shall
1431	conduct an evidentiary hearing on the complaint, upon not less
1432	than 15 days' written notice. The person providing labor,
1433	services, or materials is entitled to the following remedies to
1434	the extent of the undisputed amount due for labor or services
1435	performed or materials supplied, and upon proof of each
1436	allegation in the complaint:
1437	(b)  A temporary injunction against the person who received
1438	the payment, subject to the bond requirements specified in the
1439	Florida Rules of Civil Procedure.
1440	Section 54.  Paragraph (h) of subsection (4) of section
1441	718.1255, Florida Statutes, is amended to read:
1442	718.1255  Alternative dispute resolution; voluntary
1443	mediation; mandatory nonbinding arbitration; legislative
1444	findings.--
1445	(4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1446	DISPUTES.--The Division of Florida Land Sales, Condominiums, and
1447	Mobile Homes of the Department of Business and Professional
1448	Regulation shall employ full-time attorneys to act as
1449	arbitrators to conduct the arbitration hearings provided by this
1450	chapter. The division may also certify attorneys who are not
1451	employed by the division to act as arbitrators to conduct the
1452	arbitration hearings provided by this section. No person may be
1453	employed by the department as a full-time arbitrator unless he
1454	or she is a member in good standing of The Florida Bar. The
1455	department shall promulgate rules of procedure to govern such
1456	arbitration hearings including mediation incident thereto. The
1457	decision of an arbitrator shall be final; however, such a
1458	decision shall not be deemed final agency action. Nothing in
1459	this provision shall be construed to foreclose parties from
1460	proceeding in a trial de novo unless the parties have agreed
1461	that the arbitration is binding. If such judicial proceedings
1462	are initiated, the final decision of the arbitrator shall be
1463	admissible in evidence in the trial de novo.
1464	(h)  Mediation proceedings must generally be conducted in
1465	accordance with chapter 44 the Florida Rules of Civil Procedure,
1466	and these proceedings are privileged and confidential to the
1467	same extent as court-ordered mediation. Persons who are not
1468	parties to the dispute are not allowed to attend the mediation
1469	conference without the consent of all parties, with the
1470	exception of counsel for the parties and corporate
1471	representatives designated to appear for a party. If the
1472	mediator declares an impasse after a mediation conference has
1473	been held, the arbitration proceeding terminates, unless all
1474	parties agree in writing to continue the arbitration proceeding,
1475	in which case the arbitrator's decision shall be either binding
1476	or nonbinding, as agreed upon by the parties; in the arbitration
1477	proceeding, the arbitrator shall not consider any evidence
1478	relating to the unsuccessful mediation except in a proceeding to
1479	impose sanctions for failure to appear at the mediation
1480	conference. If the parties do not agree to continue arbitration,
1481	the arbitrator shall enter an order of dismissal, and either
1482	party may institute a suit in a court of competent jurisdiction.
1483	The parties may seek to recover any costs and attorneys' fees
1484	incurred in connection with arbitration and mediation
1485	proceedings under this section as part of the costs and fees
1486	that may be recovered by the prevailing party in any subsequent
1487	litigation.
1488	Section 55.  Paragraph (a) of subsection (2) of section
1489	720.311, Florida Statutes, is amended to read:
1490	720.311  Dispute resolution.--
1491	(2)(a)  Disputes between an association and a parcel owner
1492	regarding use of or changes to the parcel or the common areas
1493	and other covenant enforcement disputes, disputes regarding
1494	amendments to the association documents, disputes regarding
1495	meetings of the board and committees appointed by the board,
1496	membership meetings not including election meetings, and access
1497	to the official records of the association shall be the subject
1498	of a demand for presuit mediation served by an aggrieved party
1499	before the dispute is filed in court. Presuit mediation
1500	proceedings must be conducted in accordance with chapter 44 the
1501	applicable Florida Rules of Civil Procedure, and these
1502	proceedings are privileged and confidential to the same extent
1503	as court-ordered mediation. Disputes subject to presuit
1504	mediation under this section shall not include the collection of
1505	any assessment, fine, or other financial obligation, including
1506	attorney's fees and costs, claimed to be due or any action to
1507	enforce a prior mediation settlement agreement between the
1508	parties. Also, in any dispute subject to presuit mediation under
1509	this section where emergency relief is required, a motion for
1510	temporary injunctive relief may be filed with the court without
1511	first complying with the presuit mediation requirements of this
1512	section. After any issues regarding emergency or temporary
1513	relief are resolved, the court may either refer the parties to a
1514	mediation program administered by the courts or require
1515	mediation under this section. An arbitrator or judge may not
1516	consider any information or evidence arising from the presuit
1517	mediation proceeding except in a proceeding to impose sanctions
1518	for failure to attend a presuit mediation session or to enforce
1519	a mediated settlement agreement. Persons who are not parties to
1520	the dispute may not attend the presuit mediation conference
1521	without the consent of all parties, except for counsel for the
1522	parties and a corporate representative designated by the
1523	association. When mediation is attended by a quorum of the
1524	board, such mediation is not a board meeting for purposes of
1525	notice and participation set forth in s. 720.303. An aggrieved
1526	party shall serve on the responding party a written demand to
1527	participate in presuit mediation in substantially the following
1528	form:
1529
1530
1531	STATUTORY OFFER TO PARTICIPATE
1532
1533
1534	IN PRESUIT MEDIATION
1535
1536
1537	The alleged aggrieved party, ____________________, hereby
1538	demands that ____________________, as the responding party,
1539	engage in mandatory presuit mediation in connection with the
1540	following disputes, which by statute are of a type that are
1541	subject to presuit mediation:
1542
1543
1544	(List specific nature of the dispute or disputes to be mediated
1545	and the authority supporting a finding of a violation as to each
1546	dispute.)
1547
1548
1549	Pursuant to section 720.311, Florida Statutes, this demand to
1550	resolve the dispute through presuit mediation is required before
1551	a lawsuit can be filed concerning the dispute. Pursuant to the
1552	statute, the parties are required to engage in presuit mediation
1553	with a neutral third-party mediator in order to attempt to
1554	resolve this dispute without court action, and the aggrieved
1555	party demands that you likewise agree to this process. If you
1556	fail to participate in the mediation process, suit may be
1557	brought against you without further warning.
1558
1559
1560	The process of mediation involves a supervised negotiation
1561	process in which a trained, neutral third-party mediator meets
1562	with both parties and assists them in exploring possible
1563	opportunities for resolving part or all of the dispute. By
1564	agreeing to participate in presuit mediation, you are not bound
1565	in any way to change your position. Furthermore, the mediator
1566	has no authority to make any decisions in this matter or to
1567	determine who is right or wrong and merely acts as a facilitator
1568	to ensure that each party understands the position of the other
1569	party and that all options for reasonable settlement are fully
1570	explored.
1571
1572
1573	If an agreement is reached, it shall be reduced to writing and
1574	becomes a binding and enforceable commitment of the parties. A
1575	resolution of one or more disputes in this fashion avoids the
1576	need to litigate these issues in court. The failure to reach an
1577	agreement, or the failure of a party to participate in the
1578	process, results in the mediator declaring an impasse in the
1579	mediation, after which the aggrieved party may proceed to court
1580	on all outstanding, unsettled disputes. If you have failed or
1581	refused to participate in the entire mediation process, you will
1582	not be entitled to recover attorney's fees, even if you prevail.
1583
1584
1585	The aggrieved party has selected and hereby lists five certified
1586	mediators who we believe to be neutral and qualified to mediate
1587	the dispute. You have the right to select any one of these
1588	mediators. The fact that one party may be familiar with one or
1589	more of the listed mediators does not mean that the mediator
1590	cannot act as a neutral and impartial facilitator. Any mediator
1591	who cannot act in this capacity is required ethically to decline
1592	to accept engagement. The mediators that we suggest, and their
1593	current hourly rates, are as follows:
1594
1595
1596	(List the names, addresses, telephone numbers, and hourly rates
1597	of the mediators. Other pertinent information about the
1598	background of the mediators may be included as an attachment.)
1599
1600
1601	You may contact the offices of these mediators to confirm that
1602	the listed mediators will be neutral and will not show any
1603	favoritism toward either party. The Florida Supreme Court can
1604	provide you a list of certified mediators.
1605
1606
1607	Unless otherwise agreed by the parties, section 720.311(2)(b),
1608	Florida Statutes, requires that the parties share the costs of
1609	presuit mediation equally, including the fee charged by the
1610	mediator. An average mediation may require three to four hours
1611	of the mediator's time, including some preparation time, and the
1612	parties would need to share equally the mediator's fees as well
1613	as their own attorney's fees if they choose to employ an
1614	attorney in connection with the mediation. However, use of an
1615	attorney is not required and is at the option of each party. The
1616	mediators may require the advance payment of some or all of the
1617	anticipated fees. The aggrieved party hereby agrees to pay or
1618	prepay one-half of the mediator's estimated fees and to forward
1619	this amount or such other reasonable advance deposits as the
1620	mediator requires for this purpose. Any funds deposited will be
1621	returned to you if these are in excess of your share of the fees
1622	incurred.
1623
1624
1625	To begin your participation in presuit mediation to try to
1626	resolve the dispute and avoid further legal action, please sign
1627	below and clearly indicate which mediator is acceptable to you.
1628	We will then ask the mediator to schedule a mutually convenient
1629	time and place for the mediation conference to be held. The
1630	mediation conference must be held within ninety (90) days of
1631	this date, unless extended by mutual written agreement. In the
1632	event that you fail to respond within 20 days from the date of
1633	this letter, or if you fail to agree to at least one of the
1634	mediators that we have suggested or to pay or prepay to the
1635	mediator one-half of the costs involved, the aggrieved party
1636	will be authorized to proceed with the filing of a lawsuit
1637	against you without further notice and may seek an award of
1638	attorney's fees or costs incurred in attempting to obtain
1639	mediation.
1640
1641
1642	Therefore, please give this matter your immediate attention. By
1643	law, your response must be mailed by certified mail, return
1644	receipt requested, and by first-class mail to the address shown
1645	on this demand.
1646
1647
1648	______________________________
1649
1650	______________________________
1651
1652
1653	RESPONDING PARTY: YOUR SIGNATURE INDICATES YOUR AGREEMENT TO
1654	THAT CHOICE.
1655
1656	AGREEMENT TO MEDIATE
1657
1658
1659	The undersigned hereby agrees to participate in presuit
1660	mediation and agrees to attend a mediation conducted by the
1661	following mediator or mediators who are listed above as someone
1662	who would be acceptable to mediate this dispute:
1663
1664
1665	(List acceptable mediator or mediators.)
1666
1667
1668	I/we further agree to pay or prepay one-half of the mediator's
1669	fees and to forward such advance deposits as the mediator may
1670	require for this purpose.
1671
1672
1673	______________________________
1674
1675	Signature of responding party #1
1676
1677
1678	______________________________
1679
1680	Telephone contact information
1681
1682
1683	______________________________
1684
1685	Signature and telephone contact information of responding party
1686	#2 (if applicable)(if property is owned by more than one person,
1687	all owners must sign)
1688	Section 56.  Subsection (2) of section 723.0381, Florida
1689	Statutes, is amended to read:
1690	723.0381  Civil actions; arbitration.--
1691	(2)  The court may refer the action to nonbinding
1692	arbitration pursuant to s. 44.103 and the Florida Rules of Civil
1693	Procedure. The court shall order the hearing to be held
1694	informally with presentation of testimony kept to a minimum and
1695	matters presented to the arbitrators primarily through the
1696	statements and arguments of counsel. The court shall assess the
1697	parties equally to pay the compensation awarded to the
1698	arbitrators if neither party requests a trial de novo. If a
1699	party has filed for a trial de novo, the party shall be assessed
1700	the arbitration costs, court costs, and other reasonable costs
1701	of the opposing party, including attorney's fees, investigation
1702	expenses, and expenses for expert or other testimony or evidence
1703	incurred after the arbitration hearing if the judgment upon the
1704	trial de novo is not more favorable than the arbitration
1705	decision. If subsequent to arbitration a party files for a trial
1706	de novo, the arbitration decision may be made known to the judge
1707	only after he or she has entered his or her order on the merits.
1708	Section 57.  Subsection (1) of section 726.108, Florida
1709	Statutes, is amended to read:
1710	726.108  Remedies of creditors.--
1711	(1)  In an action for relief against a transfer or
1712	obligation under ss. 726.101-726.112, a creditor, subject to the
1713	limitations in s. 726.109 may obtain:
1714	(a)  Avoidance of the transfer or obligation to the extent
1715	necessary to satisfy the creditor's claim;
1716	(b)  An attachment or other provisional remedy against the
1717	asset transferred or other property of the transferee in
1718	accordance with applicable law;
1719	(c)  Subject to applicable principles of equity and in
1720	accordance with applicable rules of civil procedure:
1721	(c)1.  An injunction against further disposition by the
1722	debtor or a transferee, or both, of the asset transferred or of
1723	other property;
1724	(d)2.  Appointment of a receiver to take charge of the
1725	asset transferred or of other property of the transferee; or
1726	(e)3.  Any other relief the circumstances may require.
1727	Section 58.  Paragraph (b) of subsection (2) of section
1728	727.104, Florida Statutes, is amended to read:
1729	727.104  Commencement of proceedings.--
1730	(2)  Within 10 days after delivery of the assignment to the
1731	assignee, the assignee shall:
1732	(b)  File, in the office of the clerk of the court in the
1733	county of the assignor's place of business if it has one, in the
1734	county of its chief executive office if it has more than one
1735	place of business, or in the county of the assignor's residence
1736	if the assignor is an individual not engaged in business, in
1737	accordance with the procedures for filing a complaint as set
1738	forth in the Florida Rules of Civil Procedure, a petition
1739	setting forth the name and address of the assignor and the name
1740	and address of the assignee; a copy of the assignment, together
1741	with Schedules A and B; and a request that the court fix the
1742	amount of the assignee's bond to be filed with the clerk of the
1743	court. This bond shall be subject to reconsideration upon the
1744	motion of any party in interest after notice and hearing. The
1745	bond shall be payable to the clerk of the court, in an amount
1746	not less than double the liquidation value of the assets of the
1747	estate as set forth in Schedule B, conditioned upon the
1748	assignee's faithful discharge of her or his duties. Within 30
1749	days after the court enters an order setting the amount of such
1750	bond, the assignee shall file the bond with the clerk of the
1751	court, who shall approve the bond.
1752	Section 59.  Section 731.011, Florida Statutes, is amended
1753	to read:
1754	731.011  Determination of substantive rights;
1755	procedures.--The code became effective on January 1, 1976. The
1756	substantive rights of all persons that vested prior to January
1757	1, 1976, shall be determined as provided in former chapters 731-
1758	737 and 744-746. The procedures for the enforcement of vested
1759	substantive rights shall be as provided in the Florida Probate
1760	Rules.
1761	Section 60.  Subsection (2) of section 732.107, Florida
1762	Statutes, is amended to read:
1763	732.107  Escheat.--
1764	(2)  Property that escheats shall be sold as provided in
1765	the Florida Probate Rules and the proceeds paid to the Chief
1766	Financial Officer of the state and deposited in the State School
1767	Fund.
1768	Section 61.  Subsection (3) of section 733.101, Florida
1769	Statutes, is amended to read:
1770	733.101  Venue of probate proceedings.--
1771	(3)  Whenever a proceeding is filed laying venue in an
1772	improper county, the court may transfer the action in the same
1773	manner as provided in the Florida Rules of Civil Procedure. Any
1774	action taken by the court or the parties before the transfer is
1775	not affected by the improper venue.
1776	Section 62.  Subsection (3) of section 733.212, Florida
1777	Statutes, is amended to read:
1778	733.212  Notice of administration; filing of objections.--
1779	(3)  Any interested person on whom a copy of the notice of
1780	administration is served must object to the validity of the
1781	will, the qualifications of the personal representative, the
1782	venue, or the jurisdiction of the court by filing a petition or
1783	other pleading requesting relief in accordance with the Florida
1784	Probate Rules on or before the date that is 3 months after the
1785	date of service of a copy of the notice of administration on the
1786	objecting person, or those objections are forever barred.
1787	Section 63.  Subsection (2) of section 733.6171, Florida
1788	Statutes, is amended to read:
1789	733.6171  Compensation of attorney for the personal
1790	representative.--
1791	(2)  The attorney, the personal representative, and persons
1792	bearing the impact of the compensation may agree to compensation
1793	determined in a different manner than provided in this section.
1794	Compensation may also be determined in a different manner than
1795	provided in this section if the manner is disclosed to the
1796	parties bearing the impact of the compensation and if no
1797	objection is made as provided for in the Florida Probate Rules.
1798	Section 64.  Subsection (2) of section 733.705, Florida
1799	Statutes, is amended to read:
1800	733.705  Payment of and objection to claims.--
1801	(2)  On or before the expiration of 4 months from the first
1802	publication of notice to creditors or within 30 days from the
1803	timely filing or amendment of a claim, whichever occurs later, a
1804	personal representative or other interested person may file a
1805	written objection to a claim. If an objection is filed, the
1806	person filing it shall serve a copy of the objection as provided
1807	by the Florida Probate Rules. The failure to serve a copy of the
1808	objection constitutes an abandonment of the objection. For good
1809	cause, the court may extend the time for filing or serving an
1810	objection to any claim. Objection to a claim constitutes an
1811	objection to an amendment of that claim unless the objection is
1812	withdrawn.
1813	Section 65.  Subsection (2) of section 734.102, Florida
1814	Statutes, is amended to read:
1815	734.102  Ancillary administration.--
1816	(2)  Ancillary administration shall be commenced as
1817	provided by the Florida Probate Rules.
1818	Section 66.  Subsection (4) of section 736.0109, Florida
1819	Statutes, is amended to read:
1820	736.0109  Methods and waiver of notice.--
1821	(4)  Notice of a judicial proceeding must be given as
1822	provided in statute and the applicable court rule Florida Rules
1823	of Civil Procedure.
1824	Section 67.  Subsection (1) and paragraph (c) of subsection
1825	(9) of section 738.104, Florida Statutes, are amended to read:
1826	738.104  Trustee's power to adjust.--
1827	(1)  A trustee may adjust between principal and income to
1828	the extent the trustee considers necessary if the trustee
1829	invests and manages trust assets as a prudent investor, the
1830	terms of the trust describe the amount that may or shall be
1831	distributed to a beneficiary by referring to the trust's income,
1832	and the trustee determines, after applying the provisions of
1833	rules in s. 738.103(1), that the trustee is unable to comply
1834	with s. 738.103(2).
1835	(9)
1836	(c)  The statement referred to in this subsection shall be
1837	served informally by delivering a copy or mailing it to the
1838	beneficiary, in the manner provided in the Florida Rules of
1839	Civil Procedure relating to service of pleadings subsequent to
1840	the initial pleading. The statement may be served on a legal
1841	representative or natural guardian of a beneficiary without the
1842	filing of any proceeding or approval of any court.
1843	Section 68.  Paragraph (c) of subsection (2) of section
1844	738.1041, Florida Statutes, is amended to read:
1845	738.1041  Total return unitrust.--
1846	(2)  A trustee may, without court approval, convert an
1847	income trust to a total return unitrust, reconvert a total
1848	return unitrust to an income trust, or change the percentage
1849	used to calculate the unitrust amount or the method used to
1850	determine the fair market value of the trust if:
1851	(c)  The trustee sends written notice of its intention to
1852	take such action, along with copies of such written statement
1853	and this section, and, if applicable, the determinations of
1854	either the trustee or the disinterested person to:
1855	1.  The grantor of the trust, if living.
1856	2.  All living persons who are currently receiving or
1857	eligible to receive distributions of income of the trust.
1858	3.  All living persons who would receive distributions of
1859	principal of the trust if the trust were to terminate at the
1860	time of the giving of such notice (without regard to the
1861	exercise of any power of appointment) or, if the trust does not
1862	provide for its termination, all living persons who would
1863	receive or be eligible to receive distributions of income or
1864	principal of the trust if the persons identified in subparagraph
1865	2. were deceased.
1866	4.  All persons acting as advisers or protectors of the
1867	trust.
1868
1869	Notice under this paragraph shall be served informally by
1870	delivering a copy or mailing it to the beneficiary, in the
1871	manner provided in the Florida Rules of Civil Procedure relating
1872	to service of pleadings subsequent to the initial pleading.
1873	Notice may be served on a legal representative or natural
1874	guardian of a person without the filing of any proceeding or
1875	approval of any court;
1876	Section 69.  Paragraph (b) of subsection (5), paragraph (h)
1877	of subsection (6), and paragraph (b) of subsection (9) of
1878	section 741.30, Florida Statutes, are amended to read:
1879	741.30  Domestic violence; injunction; powers and duties of
1880	court and clerk; petition; notice and hearing; temporary
1881	injunction; issuance of injunction; statewide verification
1882	system; enforcement.--
1883	(5)
1884	(b)  In a hearing ex parte for the purpose of obtaining
1885	such ex parte temporary injunction, no evidence other than
1886	verified pleadings or affidavits shall be used as evidence,
1887	unless the respondent appears at the hearing or has received
1888	reasonable notice of the hearing. A denial of a petition for an
1889	ex parte injunction shall be by written order noting the legal
1890	grounds for denial. When the only ground for denial is no
1891	appearance of an immediate and present danger of domestic
1892	violence, the court shall set a full hearing on the petition for
1893	injunction with notice at the earliest possible time. Nothing
1894	herein affects a petitioner's right to promptly amend any
1895	petition, or otherwise be heard in person on any petition
1896	consistent with court rule the Florida Rules of Civil Procedure.
1897	(6)
1898	(h)  All proceedings under this subsection shall be
1899	recorded. Recording may be by electronic means as provided by
1900	the Rules of Judicial Administration.
1901	(9)
1902	(b)  If the respondent is arrested by a law enforcement
1903	officer under s. 901.15(6) or for a violation of s. 741.31, the
1904	respondent shall be held in custody until brought before the
1905	court as expeditiously as possible for the purpose of enforcing
1906	the injunction and for admittance to bail in accordance with
1907	chapter 903 and the applicable rules of criminal procedure,
1908	pending a hearing.
1909	Section 70.  Subsection (2) of section 742.16, Florida
1910	Statutes, is amended to read:
1911	742.16  Expedited affirmation of parental status for
1912	gestational surrogacy.--
1913	(2)  After the petition is filed, the court shall fix a
1914	time and place for hearing the petition, which may be
1915	immediately after the filing of the petition. Notice of hearing
1916	shall be given as prescribed by court rule the rules of civil
1917	procedure, and service of process shall be made as specified by
1918	law for civil actions.
1919	Section 71.  Subsection (11) of section 742.18, Florida
1920	Statutes, is amended to read:
1921	742.18  Disestablishment of paternity or termination of
1922	child support obligation.--
1923	(11)  Nothing in this section precludes an individual from
1924	seeking relief from a final judgment, decree, order, or
1925	proceeding pursuant to court rule 1.540, Florida Rules of Civil
1926	Procedure, or from challenging a paternity determination
1927	pursuant to s. 742.10(4).
1928	Section 72.  Paragraph (d) of subsection (1) of section
1929	744.3025, Florida Statutes, is amended to read:
1930	744.3025  Claims of minors.--
1931	(1)
1932	(d)  The duty of the guardian ad litem is to protect the
1933	minor's interests as described in the Florida Probate Rules.
1934	Section 73.  Subsection (2) of section 744.307, Florida
1935	Statutes, is amended to read:
1936	744.307  Foreign guardian may manage the property of
1937	nonresident ward.--
1938	(2)  The guardian shall designate a resident agent as
1939	required by the Florida Probate Rules.
1940	Section 74.  Subsection (2) of section 744.447, Florida
1941	Statutes, is amended to read:
1942	744.447  Petition for authorization to act.--
1943	(2)  No notice of a petition to authorize a sale of
1944	perishable personal property or of property rapidly
1945	deteriorating shall be required. Notice of a petition to perform
1946	any other acts under s. 744.441 or s. 744.446 shall be given to
1947	the ward, to the next of kin, if any, and to those interested
1948	persons who have filed requests for notices and copies of
1949	pleadings, as provided in the Florida Probate Rules, unless
1950	waived by the court. Notice need not be given to a ward who is
1951	under 14 years of age or who has been determined to be totally
1952	incapacitated.
1953	Section 75.  Section 765.105, Florida Statutes, is amended
1954	to read:
1955	765.105  Review of surrogate or proxy's decision.--The
1956	patient's family, the health care facility, or the attending
1957	physician, or any other interested person who may reasonably be
1958	expected to be directly affected by the surrogate or proxy's
1959	decision concerning any health care decision may seek expedited
1960	judicial intervention pursuant to rule 5.900 of the Florida
1961	Probate Rules, if that person believes:
1962	(1)  The surrogate or proxy's decision is not in accord
1963	with the patient's known desires or the provisions of this
1964	chapter;
1965	(2)  The advance directive is ambiguous, or the patient has
1966	changed his or her mind after execution of the advance
1967	directive;
1968	(3)  The surrogate or proxy was improperly designated or
1969	appointed, or the designation of the surrogate is no longer
1970	effective or has been revoked;
1971	(4)  The surrogate or proxy has failed to discharge duties,
1972	or incapacity or illness renders the surrogate or proxy
1973	incapable of discharging duties;
1974	(5)  The surrogate or proxy has abused powers; or
1975	(6)  The patient has sufficient capacity to make his or her
1976	own health care decisions.
1977	Section 76.  Section 765.113, Florida Statutes, is amended
1978	to read:
1979	765.113  Restrictions on providing consent.--Unless the
1980	principal expressly delegates such authority to the surrogate in
1981	writing, or a surrogate or proxy has sought and received court
1982	approval pursuant to rule 5.900 of the Florida Probate Rules, a
1983	surrogate or proxy may not provide consent for:
1984	(1)  Abortion, sterilization, electroshock therapy,
1985	psychosurgery, experimental treatments that have not been
1986	approved by a federally approved institutional review board in
1987	accordance with 45 C.F.R. part 46 or 21 C.F.R. part 56, or
1988	voluntary admission to a mental health facility.
1989	(2)  Withholding or withdrawing life-prolonging procedures
1990	from a pregnant patient prior to viability as defined in s.
1991	390.0111(4).
1992	Section 77.  Paragraph (a) of subsection (3) of section
1993	768.81, Florida Statutes, is amended to read:
1994	768.81  Comparative fault.--
1995	(3)  APPORTIONMENT OF DAMAGES.--In cases to which this
1996	section applies, the court shall enter judgment against each
1997	party liable on the basis of such party's percentage of fault
1998	and not on the basis of the doctrine of joint and several
1999	liability.
2000	(a)  In order to allocate any or all fault to a nonparty, a
2001	defendant must affirmatively plead the fault of a nonparty and,
2002	absent a showing of good cause, identify the nonparty, if known,
2003	or describe the nonparty as specifically as practicable, either
2004	by motion or in the initial responsive pleading when defenses
2005	are first presented, subject to amendment any time before trial
2006	in accordance with court rule the Florida Rules of Civil
2007	Procedure.
2008	Section 78.  Paragraph (b) of subsection (9) of section
2009	784.046, Florida Statutes, is amended to read:
2010	784.046  Action by victim of repeat violence, sexual
2011	violence, or dating violence for protective injunction; powers
2012	and duties of court and clerk of court; filing and form of
2013	petition; notice and hearing; temporary injunction; issuance;
2014	statewide verification system; enforcement.--
2015	(9)
2016	(b)  If the respondent is arrested by a law enforcement
2017	officer under s. 901.15(6) for committing an act of repeat
2018	violence, sexual violence, or dating violence in violation of an
2019	injunction for protection, the respondent shall be held in
2020	custody until brought before the court as expeditiously as
2021	possible for the purpose of enforcing the injunction and for
2022	admittance to bail in accordance with chapter 903 and the
2023	applicable rules of criminal procedure, pending a hearing.
2024	Section 79.  Subsection (4) of section 790.157, Florida
2025	Statutes, is amended to read:
2026	790.157  Presumption of impairment; testing methods.--
2027	(4)  Any person charged with using a firearm while under
2028	the influence of alcoholic beverages or controlled substances to
2029	the extent that his or her normal faculties were impaired,
2030	whether in a municipality or not, shall be entitled to trial by
2031	jury according to the Florida Rules of Criminal Procedure.
2032	Section 80.  Paragraph (h) of subsection (8) of section
2033	896.101, Florida Statutes, is amended to read:
2034	896.101  Florida Money Laundering Act; definitions;
2035	penalties; injunctions; seizure warrants; immunity.--
2036	(8)
2037	(h)  Only the lawful owner or the account holder of the
2038	monetary instruments or funds being enjoined may request a
2039	hearing to contest the order entered pursuant to this section by
2040	petitioning the court that issued the order. A hearing must be
2041	held within 3 days after the request or as soon as practicable
2042	thereafter and before the expiration of the temporary order. The
2043	hearing must be set and noticed by the lawful owner of the
2044	monetary instruments or funds or his or her attorney. Notice of
2045	the hearing must be provided to the petitioner who procured the
2046	temporary injunction pursuant to the Florida Rules of Civil
2047	Procedure but not less than 24 hours before the scheduled
2048	hearing. The court may receive and consider at a hearing held
2049	pursuant to this subsection, evidence and information that would
2050	be inadmissible under the Florida Rules of Evidence. A
2051	proceeding under this subsection is governed by the Florida
2052	Rules of Civil Procedure.
2053	Section 81.  Subsection (2) of section 916.13, Florida
2054	Statutes, is amended to read:
2055	916.13  Involuntary commitment of defendant adjudicated
2056	incompetent.--
2057	(2)  A defendant who has been charged with a felony and who
2058	has been adjudicated incompetent to proceed due to mental
2059	illness, and who meets the criteria for involuntary commitment
2060	to the department under the provisions of this chapter, may be
2061	committed to the department, and the department shall retain and
2062	treat the defendant. No later than 6 months after the date of
2063	admission and at the end of any period of extended commitment,
2064	or at any time the administrator or designee shall have
2065	determined that the defendant has regained competency to proceed
2066	or no longer meets the criteria for continued commitment, the
2067	administrator or designee shall file a report with the court
2068	pursuant to the applicable Florida Rules of Criminal Procedure.
2069	Section 82.  Subsection (3) of section 916.15, Florida
2070	Statutes, is amended to read:
2071	916.15  Involuntary commitment of defendant adjudicated not
2072	guilty by reason of insanity.--
2073	(3)  Every defendant acquitted of criminal charges by
2074	reason of insanity and found to meet the criteria for
2075	involuntary commitment may be committed and treated in
2076	accordance with the provisions of this section and the
2077	applicable Florida Rules of Criminal Procedure. The department
2078	shall admit a defendant so adjudicated to an appropriate
2079	facility or program for treatment and shall retain and treat
2080	such defendant. No later than 6 months after the date of
2081	admission, prior to the end of any period of extended
2082	commitment, or at any time the administrator or designee shall
2083	have determined that the defendant no longer meets the criteria
2084	for continued commitment placement, the administrator or
2085	designee shall file a report with the court pursuant to the
2086	applicable Florida Rules of Criminal Procedure.
2087	Section 83.  Paragraph (a) of subsection (2) of section
2088	916.302, Florida Statutes, is amended to read:
2089	916.302  Involuntary commitment of defendant determined to
2090	be incompetent to proceed.--
2091	(2)  ADMISSION TO A FACILITY.--
2092	(a)  A defendant who has been charged with a felony and who
2093	is found to be incompetent to proceed due to retardation or
2094	autism, and who meets the criteria for involuntary commitment to
2095	the agency under the provisions of this chapter, shall be
2096	committed to the agency, and the agency shall retain and provide
2097	appropriate training for the defendant. No later than 6 months
2098	after the date of admission or at the end of any period of
2099	extended commitment or at any time the administrator or designee
2100	shall have determined that the defendant has regained competency
2101	to proceed or no longer meets the criteria for continued
2102	commitment, the administrator or designee shall file a report
2103	with the court pursuant to this chapter and the applicable
2104	Florida Rules of Criminal Procedure.
2105	Section 84.  Paragraph (g) of subsection (1) of section
2106	924.07, Florida Statutes, is amended to read:
2107	924.07  Appeal by state.--
2108	(1)  The state may appeal from:
2109	(g)  An order adjudicating a defendant insane under the
2110	Florida Rules of Criminal Procedure.
2111	Section 85.  Paragraph (a) of subsection (6) of section
2112	932.704, Florida Statutes, is amended to read:
2113	932.704  Forfeiture proceedings.--
2114	(6)(a)  If the property is required by law to be titled or
2115	registered, or if the owner of the property is known in fact to
2116	the seizing agency, or if the seized property is subject to a
2117	perfected security interest in accordance with the Uniform
2118	Commercial Code, chapter 679, the attorney for the seizing
2119	agency shall serve the forfeiture complaint as an original
2120	service of process under the Florida Rules of Civil Procedure
2121	and other applicable law to each person having an ownership or
2122	security interest in the property. The seizing agency shall also
2123	publish, in accordance with chapter 50, notice of the forfeiture
2124	complaint once each week for 2 consecutive weeks in a newspaper
2125	of general circulation, as defined in s. 165.031, in the county
2126	where the seizure occurred.
2127	Section 86.  Paragraph (d) of subsection (12) of section
2128	984.03, Florida Statutes, is amended to read:
2129	984.03  Definitions.--When used in this chapter, the term:
2130	(12)  "Child who is found to be dependent" or "dependent
2131	child" means a child who, pursuant to this chapter, is found by
2132	the court:
2133	(d)  To have been voluntarily placed with a licensed child-
2134	placing agency for the purposes of subsequent adoption and a
2135	natural parent or parents have consented to termination of
2136	parental rights signed a consent pursuant to the Florida Rules
2137	of Juvenile Procedure.
2138	Section 87.  Subsection (6) of section 984.04, Florida
2139	Statutes, is amended to read:
2140	984.04  Families in need of services and children in need
2141	of services; procedures and jurisdiction.--
2142	(6)  All procedures, including petitions, pleadings,
2143	subpoenas, summonses, and hearings, in family-in-need-of-
2144	services cases and child-in-need-of-services cases shall be
2145	according to the Florida Rules of Juvenile Procedure unless
2146	otherwise provided by law.
2147	Section 88.  Subsection (13) of section 984.19, Florida
2148	Statutes, is amended to read:
2149	984.19  Medical screening and treatment of child;
2150	examination of parent, guardian, or person requesting custody.--
2151	(13)  At any time after the filing of a petition for a
2152	child in need of services, when the mental or physical
2153	condition, including the blood group, of a parent, guardian, or
2154	other person requesting custody of a child is in controversy,
2155	the court may order the person to submit to a physical or mental
2156	examination by a qualified professional. The order may be made
2157	only upon good cause shown and pursuant to notice and procedures
2158	as set forth by the Florida Rules of Juvenile Procedure.
2159	Section 89.  Paragraphs (a) and (b) of subsection (1) and
2160	paragraphs (a) and (b) of subsection (2) of section 984.20,
2161	Florida Statutes, are amended to read:
2162	984.20  Hearings for child-in-need-of-services cases.--
2163	(1)  ARRAIGNMENT HEARING.--
2164	(a)  When a child has been taken into custody by order of
2165	the court, an arraignment hearing shall be held within 7 days
2166	after the date the child is taken into custody. The hearing
2167	shall be held for the child and the parent, guardian, or
2168	custodian to admit, deny, or consent to findings that a child is
2169	in need of services as alleged in the petition. If the child and
2170	the parent, guardian, or custodian admit or consent to the
2171	findings in the petition, the court shall proceed as set forth
2172	in the Florida Rules of Juvenile Procedure. However, if either
2173	the child or the parent, guardian, or custodian denies any of
2174	the allegations of the petition, the court shall hold an
2175	adjudicatory hearing within 7 days after the date of the
2176	arraignment hearing.
2177	(b)  When a child is in the custody of the parent,
2178	guardian, or custodian, upon the filing of a petition, the clerk
2179	shall set a date for an arraignment hearing within a reasonable
2180	time from the date of the filing of the petition. If the child
2181	and the parent, guardian, or custodian admit or consent to an
2182	adjudication, the court shall proceed as set forth in the
2183	Florida Rules of Juvenile Procedure. However, if either the
2184	child or the parent, guardian, or custodian denies any of the
2185	allegations of child in need of services, the court shall hold
2186	an adjudicatory hearing within a reasonable time from the date
2187	of the arraignment hearing.
2188	(2)  ADJUDICATORY HEARING.--
2189	(a)  The adjudicatory hearing shall be held as soon as
2190	practicable after the petition for a child in need of services
2191	is filed and in accordance with the Florida Rules of Juvenile
2192	Procedure, but reasonable delay for the purpose of
2193	investigation, discovery, or procuring counsel or witnesses
2194	shall, whenever practicable, be granted. If the child is in
2195	custody, the adjudicatory hearing shall be held within 14 days
2196	after the date the child was taken into custody.
2197	(b)  Adjudicatory hearings shall be conducted by the judge
2198	without a jury, applying the rules of evidence in use in civil
2199	cases and adjourning the hearings from time to time as
2200	necessary. In a hearing on a petition in which it is alleged
2201	that the child is a child in need of services, a preponderance
2202	of evidence shall be required to establish that the child is in
2203	need of services.
2204	Section 90.  Paragraph (e) of subsection (4) and paragraph
2205	(d) of subsection (6) of section 985.19, Florida Statutes, are
2206	amended to read:
2207	985.19  Incompetency in juvenile delinquency cases.--
2208	(4)  A child who is determined to have mental illness,
2209	mental retardation, or autism, who has been adjudicated
2210	incompetent to proceed, and who meets the criteria set forth in
2211	subsection (3), must be committed to the Department of Children
2212	and Family Services and receive treatment or training in a
2213	secure facility or program that is the least restrictive
2214	alternative consistent with public safety. Any placement of a
2215	child to a secure residential program must be separate from
2216	adult forensic programs. If the child attains competency, then
2217	custody, case management, and supervision of the child will be
2218	transferred to the department in order to continue delinquency
2219	proceedings; however, the court retains authority to order the
2220	Department of Children and Family Services to provide continued
2221	treatment or training to maintain competency.
2222	(e)  The service provider must file a written report with
2223	the court pursuant to the applicable Florida Rules of Juvenile
2224	Procedure not later than 6 months after the date of commitment,
2225	or at the end of any period of extended treatment or training,
2226	and at any time the Department of Children and Family Services,
2227	through its service provider determines the child has attained
2228	competency or no longer meets the criteria for secure placement,
2229	or at such shorter intervals as ordered by the court. A copy of
2230	a written report evaluating the child's competency must be filed
2231	by the provider with the court and with the state attorney, the
2232	child's attorney, the department, and the Department of Children
2233	and Family Services.
2234	(6)
2235	(d)  The service provider must file a written report with
2236	the court pursuant to the applicable Florida Rules of Juvenile
2237	Procedure, not later than 6 months after the date of commitment,
2238	at the end of any period of extended treatment or training, and
2239	at any time the service provider determines the child has
2240	attained competency or will never attain competency, or at such
2241	shorter intervals as ordered by the court. A copy of a written
2242	report evaluating the child's competency must be filed by the
2243	provider with the court, the state attorney, the child's
2244	attorney, the Department of Children and Family Services, and
2245	the department.
2246	Section 91.  Paragraph (g) of subsection (1) of section
2247	985.255, Florida Statutes, is amended to read:
2248	985.255  Detention criteria; detention hearing.--
2249	(1)  Subject to s. 985.25(1), a child taken into custody
2250	and placed into nonsecure or home detention care or detained in
2251	secure detention care prior to a detention hearing may continue
2252	to be detained by the court if:
2253	(g)  The child is charged with any second degree or third
2254	degree felony involving a violation of chapter 893 or any third
2255	degree felony that is not also a crime of violence, and the
2256	child:
2257	1.  Has a record of failure to appear at court hearings
2258	after being properly notified in accordance with the Rules of
2259	Juvenile Procedure;
2260	2.  Has a record of law violations prior to court hearings;
2261	3.  Has already been detained or has been released and is
2262	awaiting final disposition of the case;
2263	4.  Has a record of violent conduct resulting in physical
2264	injury to others; or
2265	5.  Is found to have been in possession of a firearm.
2266	Section 92.  Subsection (6) of section 985.26, Florida
2267	Statutes, is amended to read:
2268	985.26  Length of detention.--
2269	(6)  If a child is detained and a petition for delinquency
2270	is filed, the child shall be arraigned in accordance with the
2271	Florida Rules of Juvenile Procedure within 48 hours after the
2272	filing of the petition for delinquency.
2273	Section 93.  Subsection (1) of section 985.35, Florida
2274	Statutes, is amended to read:
2275	985.35  Adjudicatory hearings; withheld adjudications;
2276	orders of adjudication.--
2277	(1)  The adjudicatory hearing must be held as soon as
2278	practicable after the petition alleging that a child has
2279	committed a delinquent act or violation of law is filed and in
2280	accordance with the Florida Rules of Juvenile Procedure; but
2281	reasonable delay for the purpose of investigation, discovery, or
2282	procuring counsel or witnesses shall be granted. If the child is
2283	being detained, the time limitations in s. 985.26(2) and (3)
2284	apply.
2285	Section 94.  Paragraph (b) of subsection (1) of section
2286	985.534, Florida Statutes, is amended to read:
2287	985.534  Appeal.--
2288	(1)  An appeal from an order of the court affecting a party
2289	to a case involving a child under this chapter may be taken to
2290	the appropriate district court of appeal within the time and in
2291	the manner prescribed by s. 924.051 and the Florida Rules of
2292	Appellate Procedure by:
2293	(b)  The state, which may appeal from:
2294	1.  An order dismissing a petition or any section thereof;
2295	2.  An order granting a new adjudicatory hearing;
2296	3.  An order arresting judgment;
2297	4.  A ruling on a question of law when the child is
2298	adjudicated delinquent and appeals from the judgment;
2299	5.  The disposition, on the ground that it is illegal;
2300	6.  A judgment discharging a child on habeas corpus;
2301	7.  An order adjudicating a child insane under the Florida
2302	Rules of Juvenile Procedure; and
2303	8.  All other preadjudicatory hearings, except that the
2304	state may not take more than one appeal under this subsection in
2305	any case.
2306
2307	In the case of an appeal by the state, the notice of appeal
2308	shall be filed by the appropriate state attorney or his or her
2309	authorized assistant under s. 27.18. Such an appeal shall embody
2310	all assignments of error in each preadjudicatory hearing order
2311	that the state seeks to have reviewed. The state shall pay all
2312	costs of the appeal except for the child's attorney's fee.
2313	Section 95.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.