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. 409.2563, F.S.;
86	removing a reference to court rule relating to the
87	administrative establishment of child support obligations;
88	amending s. 409.257, F.S.; removing a reference to certain
89	court rules regarding service of process; amending s.
90	415.1045, F.S.; removing specific reference to a court
91	rule relating to medical examinations; amending s.
92	415.1051, F.S.; removing specific reference to a court
93	rule relating to emergency protective services
94	intervention; amending s. 429.293, F.S.; providing a
95	reference to a specific chapter of court rules relating to
96	informal discovery; revising provisions relating to
97	informal discovery used to obtain unsworn statements;
98	amending s. 440.31, F.S.; removing specific reference to a
99	court rule relating to the definition of expert witnesses;
100	defining the term "expert witness"; amending s. 447.507,
101	F.S.; removing reference to court rules relating to
102	violation of a strike prohibition; amending s. 448.110,
103	F.S.; removing reference to a specific court rule relating
104	to state minimum wage and annual wage adjustment; amending
105	s. 456.057, F.S.; removing reference to a specific court
106	rule relating to the furnishing of patient records;
107	amending s. 518.112, F.S.; removing a reference to court
108	rules relating to delegation of investment functions;
109	amending s. 552.40, F.S.; removing specific reference to a
110	court rule relating to an administrative remedy for
111	alleged damage due to the use of explosives in mining;
112	amending ss. 607.0505 and 617.0503, F.S.; removing
113	reference to court rules relating to registered agents of
114	corporations; amending s. 713.346, F.S.; removing a
115	reference to bond requirements in court rules relating to
116	payment on construction contracts; amending s. 718.1255,
117	F.S.; removing a reference to court rules relating to
118	mandatory nonbinding arbitration and mediation of
119	disputes; providing a reference to a specific chapter
120	relating to mandatory nonbinding arbitration and mediation
121	of disputes; amending s. 720.311, F.S.; removing a
122	reference to court rules relating to dispute resolution;
123	providing reference to a specific chapter relating to
124	dispute resolution; amending s. 723.0381, F.S.; removing a
125	reference to court rules relating to civil arbitration
126	actions; amending s. 726.108, F.S.; removing a reference
127	to court rules relating to remedies of creditors; amending
128	s. 727.104, F.S.; removing a reference to court rules
129	relating to commencement of proceedings; amending s.
130	731.011, F.S.; removing a reference to court rules
131	relating to determination and procedure of substantive
132	rights; amending s. 732.107, F.S.; removing a reference to
133	court rules relating to escheat; amending s. 733.101,
134	F.S.; removing a reference to court rules relating to
135	venue of probate proceedings; amending s. 733.212, F.S.;
136	removing a reference to court rules relating to notice of
137	administration; amending s. 733.6171, F.S.; removing a
138	reference to court rules relating to compensation of
139	attorneys for the personal representative; amending s.
140	733.705, F.S.; removing a reference to court rules
141	relating to the payment of and objection to claims;
142	amending s. 734.102, F.S.; removing a reference to court
143	rules relating to ancillary administration; amending s.
144	736.0109, F.S.; removing a reference to certain court
145	rules relating to methods and waiver of notice; amending
146	s. 738.104, F.S.; removing a reference to court rules
147	relating to a trustee's power to adjust; providing for
148	delivering or mailing a copy of the statement to the
149	beneficiary relating to a trustee's power to adjust;
150	amending s. 738.1041, F.S.; removing a reference to court
151	rules relating to a total return unitrust; providing for
152	delivering or mailing a copy of the statement to the
153	beneficiary relating to total return unitrust; amending s.
154	741.30, F.S.; removing a reference to certain court rules
155	relating to injunctions for domestic violence; amending s.
156	742.16, F.S.; removing a reference to certain court rules
157	relating to expedited affirmation of parent status for
158	gestational surrogacy; amending s. 742.18, F.S.; removing
159	specific reference to a court rule relating to
160	disestablishment of paternity or termination of a child
161	support obligation; amending s. 744.3025, F.S.; removing a
162	reference to court rules relating to claims of minors;
163	amending s. 744.307, F.S.; removing a reference to court
164	rules relating to foreign guardians; amending s. 744.447,
165	F.S.; removing a reference to court rules relating to a
166	petition for authorization to act; amending s. 765.105,
167	F.S.; removing specific reference to a court rule relating
168	to the review of a decision by a surrogate or proxy;
169	amending s. 765.113, F.S.; removing specific reference to
170	a court rule relating to restrictions on providing
171	consent; amending s. 768.81, F.S.; removing a reference to
172	certain court rules relating to apportionment of damages
173	in comparative fault; amending s. 784.046, F.S.; removing
174	a reference to court rules relating to repeat violence,
175	sexual violence, or dating violence; amending s. 790.157,
176	F.S.; removing a reference to trial by jury in court rules
177	relating to the presumption of impairment; amending s.
178	896.101, F.S.; removing a reference to court rules
179	relating to the Florida Money Laundering Act; amending s.
180	916.13, F.S.; removing a reference to court rules relating
181	to involuntary commitment of a defendant who is
182	adjudicated incompetent; amending s. 916.15, F.S.;
183	removing a reference to court rules relating to
184	involuntary commitment of a defendant who is adjudicated
185	not guilty by reason of insanity; amending s. 916.302,
186	F.S.; removing a reference to court rules relating to
187	involuntary commitment of a defendant who is determined
188	incompetent to proceed; amending s. 924.07, F.S.; removing
189	a reference to court rules relating to appeals by the
190	state; amending s. 932.704, F.S.; removing a reference to
191	court rules relating to forfeiture proceedings; amending
192	s. 984.03, F.S.; removing a reference to court rules
193	relating to the definition of a dependent child;
194	redefining the term "dependent child"; amending s. 984.04,
195	F.S.; removing a reference to court rules relating to
196	families and children in need of services; amending s.
197	984.19, F.S.; removing a reference to court rules relating
198	to medical screening and treatment regarding custody;
199	amending s. 984.20, F.S.; removing references to court
200	rules relating to hearings for child-in-need-of-services
201	cases; amending s. 985.19, F.S.; removing references to
202	court rules relating to incompetency in juvenile
203	delinquency cases; amending s. 985.255, F.S.; removing a
204	reference to court rules relating to detention criteria
205	and hearings; amending s. 985.26, F.S.; removing a
206	reference to court rules relating to length of detention;
207	amending s. 985.35, F.S.; removing a reference to court
208	rules relating to adjudicatory hearings; amending s.
209	985.534, F.S.; removing a reference to court rules
210	relating to appeals; providing an effective date.
211
212	Be It Enacted by the Legislature of the State of Florida:
213
214	Section 1.  Paragraph (a) of subsection (5) of section
215	27.51, Florida Statutes, is amended to read:
216	27.51  Duties of public defender.--
217	(5)(a)  When direct appellate proceedings prosecuted by a
218	public defender on behalf of an accused and challenging a
219	judgment of conviction and sentence of death terminate in an
220	affirmance of such conviction and sentence, whether by the
221	Florida Supreme Court or by the United States Supreme Court or
222	by expiration of any deadline for filing such appeal in a state
223	or federal court, the public defender shall notify the accused
224	of his or her rights to file a motion to vacate, set aside, or
225	correct sentence pursuant to court rule 3.850, Florida Rules of
226	Criminal Procedure, including any time limits pertinent thereto,
227	and shall advise such person that representation in any
228	collateral proceedings is the responsibility of the capital
229	collateral regional counsel. The public defender shall then
230	forward all original files on the matter to the capital
231	collateral regional counsel, retaining such copies for his or
232	her files as may be desired. However, the trial court shall
233	retain the power to appoint the public defender or other
234	attorney not employed by the capital collateral regional counsel
235	to represent such person in proceedings for relief by executive
236	clemency pursuant to ss. 27.40 and 27.5303.
237	Section 2.  Subsection (2) of section 34.01, Florida
238	Statutes, is amended to read:
239	34.01  Jurisdiction of county court.--
240	(2)  The county courts shall have jurisdiction previously
241	exercised by county judges' courts other than that vested in the
242	circuit court by s. 26.012, except that county court judges may
243	hear matters involving dissolution of marriage under the
244	simplified dissolution procedure pursuant to the Florida Family
245	Law Rules of Procedure or may issue a final order for
246	dissolution in cases where the matter is uncontested, and the
247	jurisdiction previously exercised by county courts, the claims
248	court, small claims courts, small claims magistrates courts,
249	magistrates courts, justice of the peace courts, municipal
250	courts, and courts of chartered counties, including but not
251	limited to the counties referred to in ss. 9, 10, 11, and 24,
252	Art. VIII of the State Constitution of 1885, as preserved by s.
253	(6)(e), Art. VIII of the State Constitution of 1968.
254	Section 3.  Subsection (2) of section 34.011, Florida
255	Statutes, is amended to read:
256	34.011  Jurisdiction in landlord and tenant cases.--
257	(2)  The county court shall have exclusive jurisdiction of
258	proceedings relating to the right of possession of real property
259	and to the forcible or unlawful detention of lands and
260	tenements, except that the circuit court also has jurisdiction
261	if the amount in controversy exceeds the jurisdictional limits
262	of the county court or the circuit court otherwise has
263	jurisdiction as provided in s. 26.012. In cases transferred to
264	the circuit court pursuant to Rule 1.170(j), Florida Rules of
265	Civil Procedure, or Rule 7.100(d), Florida Small Claims Rules,
266	the demands of all parties shall be resolved by the circuit
267	court.
268	Section 4.  Paragraph (d) of subsection (14) of section
269	39.01, Florida Statutes, is amended to read:
270	39.01  Definitions.--When used in this chapter, unless the
271	context otherwise requires:
272	(14)  "Child who is found to be dependent" means a child
273	who, pursuant to this chapter, is found by the court:
274	(d)  To have been voluntarily placed with a licensed child-
275	placing agency for the purposes of subsequent adoption, and a
276	parent or parents have signed a consent to termination of
277	parental rights pursuant to the Florida Rules of Juvenile
278	Procedure;
279	Section 5.  Subsection (3) of section 39.4086, Florida
280	Statutes, is amended to read:
281	39.4086  Pilot program for attorneys ad litem for dependent
282	children.--
283	(3)  STANDARDS.--The Supreme Court is requested, by October
284	1, 2000, to adopt rules of juvenile procedure which include the
285	duties, responsibilities, and conduct of an attorney ad litem.
286	The Office of the State Courts Administrator, in consultation
287	with the Dependency Court Improvement Committee of the Supreme
288	Court, shall develop implementation guidelines for the attorney
289	ad litem pilot program.
290	Section 6.  Subsection (2) of section 39.504, Florida
291	Statutes, is amended to read:
292	39.504  Injunction pending disposition of petition;
293	penalty.--
294	(2)  Notice shall be provided to the parties as required by
295	court rule set forth in the Florida Rules of Juvenile Procedure,
296	unless the child is reported to be in imminent danger, in which
297	case the court may issue an injunction immediately. A judge may
298	issue an emergency injunction pursuant to this section without
299	notice at times when the court is closed for the transaction of
300	judicial business. When such an immediate injunction is issued,
301	the court shall hold a hearing on the next day of judicial
302	business either to dissolve the injunction or to continue or
303	modify it in accordance with the other provisions of this
304	section.
305	Section 7.  Paragraph (a) of subsection (1) and subsection
306	(2) of section 39.507, Florida Statutes, are amended to read:
307	39.507  Adjudicatory hearings; orders of adjudication.--
308	(1)(a)  The adjudicatory hearing shall be held as soon as
309	practicable after the petition for dependency is filed and in
310	accordance with court rule the Florida Rules of Juvenile
311	Procedure, but no later than 30 days after the arraignment.
312	(2)  All hearings, except as provided in this section,
313	shall be open to the public, and a person may not be excluded
314	except on special order of the judge, who may close any hearing
315	to the public upon determining that the public interest or the
316	welfare of the child is best served by so doing. The parents or
317	legal custodians shall be allowed to obtain discovery pursuant
318	to court rule the Florida Rules of Juvenile Procedure, provided
319	such discovery does not violate the provisions of s. 39.202.
320	Hearings involving more than one child may be held
321	simultaneously when the children involved are related to each
322	other or were involved in the same case. The child and the
323	parents, caregivers, or legal custodians of the child may be
324	examined separately and apart from each other.
325	Section 8.  Paragraphs (a) and (d) of subsection (1) of
326	section 39.603, Florida Statutes, are amended to read:
327	39.603  Court approvals of case planning.--
328	(1)  All case plans and amendments to case plans must be
329	approved by the court. At the hearing on the case plan, which
330	shall occur in conjunction with the disposition hearing unless
331	otherwise directed by the court, the court shall determine:
332	(a)  All parties who were notified and are in attendance at
333	the hearing, either in person or through a legal representative.
334	The court may appoint a guardian ad litem under Rule 1.210,
335	Florida Rules of Civil Procedure, to represent the interests of
336	any parent, if the location of the parent is known but the
337	parent is not present at the hearing and the development of the
338	plan is based upon the physical, emotional, or mental condition
339	or physical location of the parent.
340	(d)  In involuntary placements, whether each parent was
341	notified of the right to counsel at each stage of the dependency
342	proceedings, in accordance with the Florida Rules of Juvenile
343	Procedure.
344	Section 9.  Paragraphs (b) and (c) of subsection (2) of
345	section 39.701, Florida Statutes, are amended to read:
346	39.701  Judicial review.--
347	(2)
348	(b)  Citizen review panels may conduct hearings to review
349	the status of a child. The court shall select the cases
350	appropriate for referral to the citizen review panels and may
351	order the attendance of the parties at the review panel
352	hearings. However, any party may object to the referral of a
353	case to a citizen review panel. Whenever such an objection has
354	been filed with the court, the court shall review the substance
355	of the objection and may conduct the review itself or refer the
356	review to a citizen review panel. All parties retain the right
357	to take exception to the findings or recommended orders of a
358	citizen review panel in accordance with Rule 1.490(h), Florida
359	Rules of Civil Procedure.
360	(c)  Notice of a hearing by a citizen review panel must be
361	provided as set forth in subsection (5). At the conclusion of a
362	citizen review panel hearing, each party may propose a
363	recommended order to the chairperson of the panel. Thereafter,
364	the citizen review panel shall submit its report, copies of the
365	proposed recommended orders, and a copy of the panel's
366	recommended order to the court. The citizen review panel's
367	recommended order must be limited to the dispositional options
368	available to the court in subsection (9). Each party may file
369	exceptions to the report and recommended order of the citizen
370	review panel in accordance with Rule 1.490, Florida Rules of
371	Civil Procedure.
372	Section 10.  Paragraphs (b), (c), and (d) of subsection (3)
373	of section 39.801, Florida Statutes, are amended to read:
374	39.801  Procedures and jurisdiction; notice; service of
375	process.--
376	(3)  Before the court may terminate parental rights, in
377	addition to the other requirements set forth in this part, the
378	following requirements must be met:
379	(b)  If a party required to be served with notice as
380	prescribed in paragraph (a) cannot be served, notice of hearings
381	must be given as prescribed by the rules of civil procedure, and
382	service of process must be made as specified by law or civil
383	actions.
384	(b)(c)  Notice as prescribed by this section may be waived,
385	in the discretion of the judge, with regard to any person to
386	whom notice must be given under this subsection if the person
387	executes, before two witnesses and a notary public or other
388	officer authorized to take acknowledgments, a written surrender
389	of the child to a licensed child-placing agency or the
390	department.
391	(c)(d)  If the person served with notice under this section
392	fails to personally appear at the advisory hearing, the failure
393	to personally appear shall constitute consent for termination of
394	parental rights by the person given notice. If a parent appears
395	for the advisory hearing and the court orders that parent to
396	personally appear at the adjudicatory hearing for the petition
397	for termination of parental rights, stating the date, time, and
398	location of said hearing, then failure of that parent to
399	personally appear at the adjudicatory hearing shall constitute
400	consent for termination of parental rights.
401	Section 11.  Subsection (2) of section 39.802, Florida
402	Statutes, is amended to read:
403	39.802  Petition for termination of parental rights;
404	filing; elements.--
405	(2)  The form of the petition is governed by the Florida
406	Rules of Juvenile Procedure. The petition must be in writing and
407	signed by the petitioner or, if the department is the
408	petitioner, by an employee of the department, under oath stating
409	the petitioner's good faith in filing the petition.
410	Section 12.  Paragraph (d) of subsection (2) of section
411	39.807, Florida Statutes, is amended to read:
412	39.807  Right to counsel; guardian ad litem.--
413	(2)
414	(d)  A guardian ad litem is entitled to receive service of
415	pleadings and papers as provided by the Florida Rules of
416	Juvenile Procedure.
417	Section 13.  Subsection (1) of section 39.824, Florida
418	Statutes, is amended to read:
419	39.824  Procedures and jurisdiction.--
420	(1)  The Supreme Court is requested to adopt rules of
421	juvenile procedure by October 1, 1989, to implement this part.
422	All procedures, including petitions, pleadings, subpoenas,
423	summonses, and hearings in cases for the appointment of a
424	guardian advocate shall be according to the Florida Rules of
425	Juvenile Procedure unless otherwise provided by law.
426	Section 14.  Section 39.825, Florida Statutes, is amended
427	to read:
428	39.825  Petition for appointment of a guardian advocate.--A
429	petition for appointment of a guardian advocate may be filed by
430	the department, any relative of the child, any licensed health
431	care professional, or any other interested person. The petition
432	shall be in writing and shall be signed by the petitioner under
433	oath stating his or her good faith in filing the petition. The
434	form of the petition and its contents shall be determined by the
435	Florida Rules of Juvenile Procedure.
436	Section 15.  Subsection (3) of section 48.27, Florida
437	Statutes, is amended to read:
438	48.27  Certified process servers.--
439	(3)  Nothing herein shall be interpreted to exclude a
440	sheriff or deputy or other person appointed by the sheriff
441	pursuant to s. 48.021 from serving process or to exclude a
442	person from appointment by individual motion and order to serve
443	process in any civil action in accordance with Rule 1.070(b) of
444	the Florida Rules of Civil Procedure.
445	Section 16.  Subsection (1) of section 55.503, Florida
446	Statutes, is amended to read:
447	55.503  Recording and status of foreign judgments; fees.--
448	(1)  A copy of any foreign judgment certified in accordance
449	with the laws of the United States or of this state may be
450	recorded in the office of the clerk of the circuit court of any
451	county. The clerk shall file, record, and index the foreign
452	judgment in the same manner as a judgment of a circuit or county
453	court of this state. A judgment so recorded shall have the same
454	effect and shall be subject to the same rules of civil
455	procedure, legal and equitable defenses, and proceedings for
456	reopening, vacating, or staying judgments, and it may be
457	enforced, released, or satisfied, as a judgment of a circuit or
458	county court of this state.
459	Section 17.  Subsection (3) of section 56.29, Florida
460	Statutes, is amended to read:
461	56.29  Proceedings supplementary.--
462	(3)  The order shall be served in a reasonable time before
463	the date of the examination in the manner provided for service
464	of summons or may be served on such defendant or his or her
465	attorney as provided for service of papers in the rules of civil
466	procedure.
467	Section 18.  Paragraph (b) of subsection (2) of section
468	61.1301, Florida Statutes, is amended to read:
469	61.1301  Income deduction orders.--
470	(2)  ENFORCEMENT OF INCOME DEDUCTION ORDERS.--
471	(b)1.  Service by or upon any person who is a party to a
472	proceeding under this section shall be made in the manner
473	prescribed in court rule the Florida Rules of Civil Procedure
474	for service upon parties.
475	2.  Service upon an obligor's payor or successor payor
476	under this section shall be made by prepaid certified mail,
477	return receipt requested, or in the manner prescribed in chapter
478	48.
479	Section 19.  Paragraph (a) of subsection (6) of section
480	61.14, Florida Statutes, is amended to read:
481	61.14  Enforcement and modification of support,
482	maintenance, or alimony agreements or orders.--
483	(6)(a)1.  When support payments are made through the local
484	depository or through the State Disbursement Unit, any payment
485	or installment of support which becomes due and is unpaid under
486	any support order is delinquent; and this unpaid payment or
487	installment, and all other costs and fees herein provided for,
488	become, after notice to the obligor and the time for response as
489	set forth in this subsection, a final judgment by operation of
490	law, which has the full force, effect, and attributes of a
491	judgment entered by a court in this state for which execution
492	may issue. No deduction shall be made by the local depository
493	from any payment made for costs and fees accrued in the judgment
494	by operation of law process under paragraph (b) until the total
495	amount of support payments due the obligee under the judgment
496	has been paid.
497	2.  A certified statement by the local depository
498	evidencing a delinquency in support payments constitute evidence
499	of the final judgment under this paragraph.
500	3.  The judgment under this paragraph is a final judgment
501	as to any unpaid payment or installment of support which has
502	accrued up to the time either party files a motion with the
503	court to alter or modify the support order, and such judgment
504	may not be modified by the court. The court may modify such
505	judgment as to any unpaid payment or installment of support
506	which accrues after the date of the filing of the motion to
507	alter or modify the support order. This subparagraph does not
508	prohibit the court from providing relief from the judgment
509	pursuant to court rule 1.540, Florida Rules of Civil Procedure.
510	Section 20.  Subsection (2) of section 61.16, Florida
511	Statutes, is amended to read:
512	61.16  Attorney's fees, suit money, and costs.--
513	(2)  In an action for contempt brought pursuant to Rule
514	3.840, Florida Rules of Criminal Procedure, whether denominated
515	direct or indirect criminal contempt, the court shall have
516	authority to:
517	(a)  Appoint an attorney to prosecute said contempt.
518	(b)  Assess attorney's fees and costs against the
519	contemptor after the court makes a determination of the
520	contemptor's ability to pay such costs and fees.
521	(c)  Order that the amount be paid directly to the
522	attorney, who may enforce the order in his or her name.
523	Section 21.  Subsections (5) and (6) of section 63.087,
524	Florida Statutes, are amended to read:
525	63.087  Proceeding to terminate parental rights pending
526	adoption; general provisions.--
527	(5)  SUMMONS TO BE ISSUED.--The petitioner shall cause a
528	summons to be issued substantially in the form provided in Form
529	1.902, Florida Rules of Civil Procedure. The petition and
530	summons shall be served upon any person whose consent has been
531	provided but who has not waived service of the pleadings and
532	notice of the hearing thereon and also upon any person whose
533	consent is required but who has not provided that consent.
534	(6)  ANSWER REQUIRED.--An answer to the petition or any
535	pleading requiring an answer shall be filed in accordance with
536	the Florida Rules of Civil Procedure. Failure to file a written
537	response or to appear at the hearing on the petition constitutes
538	grounds upon which the court may terminate parental rights. The
539	petitioner shall provide notice of the final hearing by United
540	States mail to any person who has been served with the summons
541	and petition for termination of parental rights within the
542	specified time periods. Notwithstanding the filing of any answer
543	or any pleading, any person present at the hearing to terminate
544	parental rights pending adoption whose consent to adoption is
545	required under s. 63.062 must:
546	(a)  Be advised by the court that he or she has a right to
547	ask that the hearing be reset for a later date so that the
548	person may consult with an attorney; and
549	(b)  Be given an opportunity to deny the allegations in the
550	petition.
551	Section 22.  Subsection (2) of section 63.122, Florida
552	Statutes, is amended to read:
553	63.122  Notice of hearing on petition.--
554	(2)  Notice of hearing must be given as prescribed by the
555	Florida Rules of Civil Procedure, and service of process must be
556	made as required by court rule specified by law for civil
557	actions.
558	Section 23.  Subsection (2) of section 68.083, Florida
559	Statutes, is amended to read:
560	68.083  Civil actions for false claims.--
561	(2)  A person may bring a civil action for a violation of
562	s. 68.082 for the person and for the affected agency. Civil
563	actions instituted under this act shall be governed by the
564	Florida Rules of Civil Procedure and shall be brought in the
565	name of the State of Florida. Prior to the court unsealing the
566	complaint under subsection (3), the action may be voluntarily
567	dismissed by the person bringing the action only if the
568	department gives written consent to the dismissal and its
569	reasons for such consent.
570	Section 24.  Section 83.231, Florida Statutes, is amended
571	to read:
572	83.231  Removal of tenant; judgment.--If the issues are
573	found for plaintiff, judgment shall be entered that plaintiff
574	recover possession of the premises. If the plaintiff expressly
575	and specifically sought money damages in the complaint, in
576	addition to awarding possession of the premises to the
577	plaintiff, the court shall also direct, in an amount which is
578	within its jurisdictional limitations, the entry of a money
579	judgment in favor of the plaintiff and against the defendant for
580	the amount of money found due, owing, and unpaid by the
581	defendant, with costs. However, no money judgment shall be
582	entered unless service of process has been effected by personal
583	service or, where authorized by law, by certified or registered
584	mail, return receipt, or in any other manner prescribed by law
585	or the rules of the court, and no money judgment may be entered
586	except in compliance with the Florida Rules of Civil Procedure.
587	Where otherwise authorized by law, the plaintiff in the judgment
588	for possession and money damages may also be awarded attorney's
589	fees and costs. If the issues are found for defendant, judgment
590	shall be entered dismissing the action.
591	Section 25.  Section 83.625, Florida Statutes, is amended
592	to read:
593	83.625  Power to award possession and enter money
594	judgment.--In an action by the landlord for possession of a
595	dwelling unit based upon nonpayment of rent, if the court finds
596	the rent is due, owing, and unpaid and by reason thereof the
597	landlord is entitled to possession of the premises, the court,
598	in addition to awarding possession of the premises to the
599	landlord, shall direct, in an amount which is within its
600	jurisdictional limitations, the entry of a money judgment with
601	costs in favor of the landlord and against the tenant for the
602	amount of money found due, owing, and unpaid by the tenant to
603	the landlord. However, no money judgment shall be entered unless
604	service of process has been effected by personal service or,
605	where authorized by law, by certified or registered mail, return
606	receipt, or in any other manner prescribed by law or the rules
607	of the court; and no money judgment may be entered except in
608	compliance with the Florida Rules of Civil Procedure. The
609	prevailing party in the action may also be awarded attorney's
610	fees and costs.
611	Section 26.  Paragraph (c) of subsection (3) of section
612	222.30, Florida Statutes, is amended to read:
613	222.30  Fraudulent asset conversions.--
614	(3)  In an action for relief against a fraudulent asset
615	conversion, a creditor may obtain:
616	(c)  Subject to applicable principles of equity and in
617	accordance with applicable rules of civil procedure:
618	1.  An injunction against further conversion by the debtor
619	of the asset or of other property.
620	2.  Any other relief the circumstances may require.
621	Section 27.  Paragraph (b) of subsection (4) of section
622	255.071, Florida Statutes, is amended to read:
623	255.071  Payment of subcontractors, sub-subcontractors,
624	materialmen, and suppliers on construction contracts for public
625	projects.--
626	(4)  After service of the complaint, the court shall
627	conduct an evidentiary hearing on the complaint, upon not less
628	than 15 days' written notice. The person providing labor,
629	services, or materials is entitled to the following remedies to
630	the extent of the undisputed amount due for labor or services
631	performed or materials supplied, and upon proof of each
632	allegation in the complaint:
633	(b)  A temporary injunction against the person who received
634	the payment, subject to the bond requirements specified in court
635	rule the Florida Rules of Civil Procedure.
636	Section 28.  Subsection (4) of section 316.1934, Florida
637	Statutes, is amended to read:
638	316.1934  Presumption of impairment; testing methods.--
639	(4)  Any person charged with a violation of s. 316.193,
640	whether in a municipality or not, is entitled to trial by jury
641	according to the Florida Rules of Criminal Procedure.
642	Section 29.  Subsection (4) of section 327.354, Florida
643	Statutes, is amended to read:
644	327.354  Presumption of impairment; testing methods.--
645	(4)  Any person charged with a violation of s. 327.35 is
646	entitled to trial by jury according to the Florida Rules of
647	Criminal Procedure.
648	Section 30.  Subsection (2) of section 364.183, Florida
649	Statutes, is amended to read:
650	364.183  Access to company records.--
651	(2)  Discovery in any docket or proceeding before the
652	commission shall be in the manner provided for in Rule 1.280 of
653	the Florida Rules of Civil Procedure. Upon a showing by a
654	company or other person and a finding by the commission that
655	discovery will require the disclosure of proprietary
656	confidential business information, the commission shall issue an
657	appropriate protective order designating the manner for handling
658	such information during the course of the proceeding and for
659	protecting such information from disclosure outside the
660	proceeding. Such proprietary confidential business information
661	shall be exempt from s. 119.07(1). Any records provided pursuant
662	to a discovery request for which proprietary confidential
663	business information status is requested shall be treated by the
664	commission and the Office of the Public Counsel and any other
665	party subject to the public records law as confidential and
666	shall be exempt from s. 119.07(1), pending a formal ruling on
667	such request by the commission or the return of the records to
668	the person providing the records. Any record which has been
669	determined to be proprietary confidential business information
670	and is not entered into the official record of the proceeding
671	shall be returned to the person providing the record within 60
672	days after the final order, unless the final order is appealed.
673	If the final order is appealed, any such record shall be
674	returned within 30 days after the decision on appeal. The
675	commission shall adopt the necessary rules to implement this
676	subsection.
677	Section 31.  Subsection (2) of section 366.093, Florida
678	Statutes, is amended to read:
679	366.093  Public utility records; confidentiality.--
680	(2)  Discovery in any docket or proceeding before the
681	commission shall be in the manner provided for in Rule 1.280 of
682	the Florida Rules of Civil Procedure. Information which affects
683	a utility's rates or cost of service shall be considered
684	relevant for purposes of discovery in any docket or proceeding
685	where the utility's rates or cost of service are at issue. The
686	commission shall determine whether information requested in
687	discovery affects a utility's rates or cost of service. Upon a
688	showing by a utility or other person and a finding by the
689	commission that discovery will require the disclosure of
690	proprietary confidential business information, the commission
691	shall issue appropriate protective orders designating the manner
692	for handling such information during the course of the
693	proceeding and for protecting such information from disclosure
694	outside the proceeding. Such proprietary confidential business
695	information shall be exempt from s. 119.07(1). Any records
696	provided pursuant to a discovery request for which proprietary
697	confidential business information status is requested shall be
698	treated by the commission and the office of the Public Counsel
699	and any other party subject to the public records law as
700	confidential and shall be exempt from s. 119.07(1), pending a
701	formal ruling on such request by the commission or the return of
702	the records to the person providing the records. Any record
703	which has been determined to be proprietary confidential
704	business information and is not entered into the official record
705	of the proceeding must be returned to the person providing the
706	record within 60 days after the final order, unless the final
707	order is appealed. If the final order is appealed, any such
708	record must be returned within 30 days after the decision on
709	appeal. The commission shall adopt the necessary rules to
710	implement this provision.
711	Section 32.  Subsection (2) of section 367.156, Florida
712	Statutes, is amended to read:
713	367.156  Public utility records; confidentiality.--
714	(2)  Discovery in any docket or proceeding before the
715	commission shall be in the manner provided for in Rule 1.280 of
716	the Florida Rules of Civil Procedure. Information which affects
717	a utility's rates or cost of service shall be considered
718	relevant for purposes of discovery in any docket or proceeding
719	where the utility's rates or cost of service are at issue. The
720	commission shall determine whether information requested in
721	discovery affects a utility's rates or cost of service. Upon
722	showing by a utility or other person and a finding by the
723	commission that discovery will require the disclosure of
724	proprietary confidential business information, the commission
725	shall issue appropriate protective orders designating the manner
726	for handling such information during the course of the
727	proceeding and for protecting such information from disclosure
728	outside the proceeding. Such proprietary confidential business
729	information shall be exempt from s. 119.07(1). Any records
730	provided pursuant to a discovery request for which proprietary
731	confidential business information status is requested shall be
732	treated by the commission and the office of the Public Counsel
733	and any other party subject to the public records act as
734	confidential and shall be exempt from s. 119.07(1), pending a
735	formal ruling on such request by the commission or the return of
736	the records to the person providing the records. Any record
737	which has been determined to be proprietary confidential
738	business information and is not entered into the official record
739	of the proceeding must be returned to the person providing the
740	record within 60 days after the final order, unless the final
741	order is appealed. If the final order is appealed, any such
742	record must be returned within 30 days after the decision on
743	appeal. The commission shall adopt the necessary rules to
744	implement this provision.
745	Section 33.  Subsection (2) of section 368.108, Florida
746	Statutes, is amended to read:
747	368.108  Confidentiality; discovery.--
748	(2)  Discovery in any docket or proceeding before the
749	commission shall be in the manner provided for in Rule 1.280 of
750	the Florida Rules of Civil Procedure. Information which affects
751	a natural gas transmission company's rates or cost of service
752	shall be considered relevant for purposes of discovery in any
753	docket or proceeding where the natural gas transmission
754	company's rates or cost of service are at issue. The commission
755	shall determine whether information requested in discovery
756	affects a natural gas transmission company's rates or cost of
757	service. Upon a showing by a natural gas transmission company or
758	other person and a finding by the commission that discovery will
759	require the disclosure of proprietary confidential business
760	information, the commission shall issue appropriate protective
761	orders designating the manner for handling such information
762	during the course of the proceeding and for protecting such
763	information from disclosure outside the proceeding. Such
764	proprietary confidential business information shall be exempt
765	from s. 119.07(1). Any records provided pursuant to a discovery
766	request for which proprietary confidential business information
767	status is requested shall be treated by the commission and the
768	office of the Public Counsel and any other party subject to the
769	public records law as confidential and shall be exempt from s.
770	119.07(1) pending a formal ruling on such request by the
771	commission or the return of the records to the person providing
772	the records. Any record which has been determined to be
773	proprietary confidential business information and is not entered
774	into the official record of the proceeding must be returned to
775	the person providing the record within 60 days after the final
776	order, unless the final order is appealed. If the final order is
777	appealed, any such record must be returned within 30 days after
778	the decision on appeal. The commission shall adopt the necessary
779	rules to implement this provision.
780	Section 34.  Subsection (1) of section 392.60, Florida
781	Statutes, is amended to read:
782	392.60  Right of appeal; immediate release.--
783	(1)  Any person who is aggrieved by the entry of an order
784	under s. 392.55, s. 392.56, or s. 392.57 may shall have the
785	period of time provided by the Florida Rules of Appellate
786	Procedure within which to appeal an order of from the circuit
787	court. Every order entered under the terms of s. 392.55, s.
788	392.56, or s. 392.57 shall be executed immediately unless the
789	court entering such order or the appellate court, in its
790	discretion, enters a supersedeas order and fixes the terms and
791	conditions thereof.
792	Section 35.  Paragraph (a) of subsection (12) of section
793	393.11, Florida Statutes, is amended to read:
794	393.11  Involuntary admission to residential services.--
795	(12)  APPEAL.--
796	(a)  Any party to the proceeding who is affected by an
797	order of the court, including the agency, may appeal to the
798	appropriate district court of appeal within the time and in the
799	manner prescribed by the Florida Rules of Appellate Procedure.
800	Section 36.  Paragraph (b) of subsection (1) of section
801	393.12, Florida Statutes, is amended to read:
802	393.12  Capacity; appointment of guardian advocate.--
803	(1)  CAPACITY.--
804	(b)  The issue of capacity of a person with developmental
805	disabilities shall be determined in a separate proceeding
806	according to the procedures and requirements of chapter 744 and
807	the Florida Probate Rules.
808	Section 37.  Paragraph (a) of subsection (7) and
809	subsections (10) and (11) of section 400.0233, Florida Statutes,
810	are amended to read:
811	400.0233  Presuit notice; investigation; notification of
812	violation of resident's rights or alleged negligence; claims
813	evaluation procedure; informal discovery; review; settlement
814	offer; mediation.--
815	(7)  Informal discovery may be used by a party to obtain
816	unsworn statements and the production of documents or things as
817	follows:
818	(a)  Unsworn statements.--Any party may require other
819	parties to appear for the taking of an unsworn statement. Such
820	statements may be used only for the purpose of claims evaluation
821	and are not discoverable or admissible in any civil action for
822	any purpose by any party. A party seeking to take the unsworn
823	statement of any party must give reasonable notice in writing to
824	all parties. The notice must state the time and place for taking
825	the statement and the name and address of the party to be
826	examined. Unless otherwise impractical, the examination of any
827	party must be done at the same time by all other parties. Any
828	party may be represented by counsel at the taking of an unsworn
829	statement. An unsworn statement may be recorded electronically,
830	stenographically, or on videotape. The procedure for the taking
831	of an unsworn statement shall be as if the statement were an
832	unsworn statement as provided in statements is subject to the
833	provisions of the Florida Rules of Civil Procedure related to
834	medical malpractice presuit screening. The taking of the
835	statement and may be terminated for abuses.
836	(10)  To the extent not inconsistent with this part, the
837	provisions of chapter 44 and the Florida Mediation Code, Florida
838	Rules of Civil Procedure, shall be applicable to such
839	proceedings.
840	(11)  Within 30 days after the claimant's receipt of the
841	defendant's response to the claim, the parties or their
842	designated representatives shall meet in mediation to discuss
843	the issues of liability and damages in accordance with chapter
844	44 and the mediation rules of practice and procedures adopted by
845	the Supreme Court and applicable to civil actions in circuit
846	court. Upon stipulation of the parties, this 30-day period may
847	be extended and the statute of limitations is tolled during the
848	mediation and any such extension. At the conclusion of
849	mediation, the claimant shall have 60 days or the remainder of
850	the period of the statute of limitations, whichever is greater,
851	within which to file suit.
852	Section 38.  Paragraph (m) of subsection (4) of section
853	409.2563, Florida Statutes, is amended to read:
854	409.2563  Administrative establishment of child support
855	obligations.--
856	(4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
857	SUPPORT ORDER.--To commence a proceeding under this section, the
858	department shall provide to the custodial parent and serve the
859	noncustodial parent with a notice of proceeding to establish
860	administrative support order and a blank financial affidavit
861	form. The notice must state:
862	(m)  That, neither the department nor the Division of
863	Administrative Hearings has jurisdiction to award or change
864	child custody or rights of parental contact and these issues may
865	only be addressed in circuit court.
866	1.  The noncustodial parent may request in writing that the
867	department proceed in circuit court to determine his or her
868	support obligations.
869	2.  The noncustodial parent may state in writing to the
870	department his or her intention to address issues concerning
871	custody or rights to parental contact in circuit court.
872	3.  If the noncustodial parent submits the request
873	authorized in subparagraph 1., or the statement authorized in
874	subparagraph 2. to the department within 20 days after the
875	receipt of the initial notice, the department shall file a
876	petition in circuit court for the determination of the
877	noncustodial parent's child support obligations, and shall send
878	to the noncustodial parent a copy of its petition, a notice of
879	commencement of action, and a request for waiver of service of
880	process as provided in the Florida Rules of Civil Procedure.
881	4.  If, within 10 days after receipt of the department's
882	petition and waiver of service, the noncustodial parent signs
883	and returns the waiver of service form to the department, the
884	department shall terminate the administrative proceeding without
885	prejudice and proceed in circuit court.
886	5.  In any circuit court action filed by the department
887	pursuant to this paragraph or filed by a noncustodial parent or
888	other person pursuant to paragraph (l) or paragraph (n), the
889	department shall be a party only with respect to those issues of
890	support allowed and reimbursable under Title IV-D of the Social
891	Security Act. It is the responsibility of the noncustodial
892	parent or other person to take the necessary steps to present
893	other issues for the court to consider.
894
895	The department may serve the notice of proceeding to establish
896	administrative support order by certified mail, restricted
897	delivery, return receipt requested. Alternatively, the
898	department may serve the notice by any means permitted for
899	service of process in a civil action. For purposes of this
900	section, an authorized employee of the department may serve the
901	notice and execute an affidavit of service. Service by certified
902	mail is completed when the certified mail is received or refused
903	by the addressee or by an authorized agent as designated by the
904	addressee in writing. If a person other than the addressee signs
905	the return receipt, the department shall attempt to reach the
906	addressee by telephone to confirm whether the notice was
907	received, and the department shall document any telephonic
908	communications. If someone other than the addressee signs the
909	return receipt, the addressee does not respond to the notice,
910	and the department is unable to confirm that the addressee has
911	received the notice, service is not completed and the department
912	shall attempt to have the addressee served personally. The
913	department shall provide the custodial parent or caretaker
914	relative with a copy of the notice by regular mail to the last
915	known address of the custodial parent or caretaker.
916	Section 39.  Subsection (4) of section 409.257, Florida
917	Statutes, is amended to read:
918	409.257  Service of process.--
919	(4)  Notices and other intermediate process, except witness
920	subpoenas, shall be served by the department as provided for in
921	court rule the Florida Rules of Civil Procedure.
922	Section 40.  Paragraph (b) of subsection (2) of section
923	415.1045, Florida Statutes, is amended to read:
924	415.1045  Photographs, videotapes, and medical
925	examinations; abrogation of privileged communications;
926	confidential records and documents.--
927	(2)  MEDICAL EXAMINATIONS.--
928	(b)  Upon admission to a hospital or health care facility,
929	with the consent of the vulnerable adult who has capacity to
930	consent or that person's guardian, or pursuant to s. 415.1051,
931	the medical staff of the facility may examine, diagnose, or
932	treat the vulnerable adult. If a person who has legal authority
933	to give consent for the provision of medical treatment to a
934	vulnerable adult has not given or has refused to give such
935	consent, examination and treatment must be limited to reasonable
936	examination of the patient to determine the medical condition of
937	the patient and treatment reasonably necessary to alleviate the
938	medical condition or to stabilize the patient pending a
939	determination by the court of the department's petition
940	authorizing protective services. Any person may seek an
941	expedited judicial intervention under rule 5.900 of the Florida
942	Probate Rules concerning medical treatment procedures.
943	Section 41.  Paragraph (c) of subsection (2) of section
944	415.1051, Florida Statutes, is amended to read:
945	415.1051  Protective services interventions when capacity
946	to consent is lacking; nonemergencies; emergencies; orders;
947	limitations.--
948	(2)  EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If the
949	department has reasonable cause to believe that a vulnerable
950	adult is suffering from abuse or neglect that presents a risk of
951	death or serious physical injury to the vulnerable adult and
952	that the vulnerable adult lacks the capacity to consent to
953	emergency protective services, the department may take action
954	under this subsection. If the vulnerable adult has the capacity
955	to consent and refuses consent to emergency protective services,
956	emergency protective services may not be provided.
957	(c)  Emergency medical treatment.--If, upon admission to a
958	medical facility, it is the opinion of the medical staff that
959	immediate medical treatment is necessary to prevent serious
960	physical injury or death, and that such treatment does not
961	violate a known health care advance directive prepared by the
962	vulnerable adult, the medical facility may proceed with
963	treatment to the vulnerable adult. If a person with legal
964	authority to give consent for the provision of medical treatment
965	to a vulnerable adult has not given or has refused to give such
966	consent, examination and treatment must be limited to reasonable
967	examination of the patient to determine the medical condition of
968	the patient and treatment reasonably necessary to alleviate the
969	emergency medical condition or to stabilize the patient pending
970	court determination of the department's petition authorizing
971	emergency protective services. Any person may seek an expedited
972	judicial intervention under rule 5.900 of the Florida Probate
973	Rules concerning medical treatment procedures.
974	Section 42.  Paragraph (a) of subsection (7) and
975	subsections (10) and (11) of section 429.293, Florida Statutes,
976	are amended to read:
977	429.293  Presuit notice; investigation; notification of
978	violation of residents' rights or alleged negligence; claims
979	evaluation procedure; informal discovery; review; settlement
980	offer; mediation.--
981	(7)  Informal discovery may be used by a party to obtain
982	unsworn statements and the production of documents or things, as
983	follows:
984	(a)  Unsworn statements.--Any party may require other
985	parties to appear for the taking of an unsworn statement. Such
986	statements may be used only for the purpose of claims evaluation
987	and are not discoverable or admissible in any civil action for
988	any purpose by any party. A party seeking to take the unsworn
989	statement of any party must give reasonable notice in writing to
990	all parties. The notice must state the time and place for taking
991	the statement and the name and address of the party to be
992	examined. Unless otherwise impractical, the examination of any
993	party must be done at the same time by all other parties. Any
994	party may be represented by counsel at the taking of an unsworn
995	statement. An unsworn statement may be recorded electronically,
996	stenographically, or on videotape. The procedure for the taking
997	of an unsworn statement shall be as if the statement were an
998	unsworn statement as provided in statements is subject to the
999	provisions of the Florida Rules of Civil Procedure related to
1000	medical malpractice presuit screening. The taking of the
1001	statement and may be terminated for abuses.
1002	(10)  To the extent not inconsistent with this part, the
1003	provisions of chapter 44 and the Florida Mediation Code, Florida
1004	Rules of Civil Procedure, shall be applicable to such
1005	proceedings.
1006	(11)  Within 30 days after the claimant's receipt of
1007	defendant's response to the claim, the parties or their
1008	designated representatives shall meet in mediation to discuss
1009	the issues of liability and damages in accordance with chapter
1010	44 and the mediation rules of practice and procedures adopted by
1011	the Supreme Court and applicable to civil actions in circuit
1012	court. Upon stipulation of the parties, this 30-day period may
1013	be extended and the statute of limitations is tolled during the
1014	mediation and any such extension. At the conclusion of
1015	mediation, the claimant shall have 60 days or the remainder of
1016	the period of the statute of limitations, whichever is greater,
1017	within which to file suit.
1018	Section 43.  Section 440.31, Florida Statutes, is amended
1019	to read:
1020	440.31  Witness fees.--
1021	(1)  Each witness who appears in obedience to a subpoena is
1022	shall be entitled to the same fees as witnesses in a civil
1023	action in the circuit court.; however, any
1024	(2)  Each expert witness, as defined in Rule 1.390(a) of
1025	the Florida Rules of Civil Procedure, who testifies shall have
1026	testified in any proceeding under this chapter shall be allowed
1027	a witness fee, including the cost of any exhibits used by such
1028	witness, in such reasonable amount as the judge of compensation
1029	claims may determine, not in excess of the rate prevailing in
1030	the locality for witness fees for such expert witnesses in
1031	workers' compensation proceedings, notwithstanding the
1032	limitation provided in s. 92.231. As used in this subsection,
1033	the term "expert witness" means a person duly and regularly
1034	engaged in the practice of a profession who holds a professional
1035	degree from a university or college and who has had special
1036	professional training and experience, or a person possessed of
1037	special knowledge or skill about the subject upon which he or
1038	she is called to testify.
1039	Section 44.  Subsection (2) of section 447.507, Florida
1040	Statutes, is amended to read:
1041	447.507  Violation of strike prohibition; penalties.--
1042	(2)  If a public employee, a group of employees, an
1043	employee organization, or any officer, agent, or representative
1044	of any employee organization engages in a strike in violation of
1045	s. 447.505, either the commission or any public employer whose
1046	employees are involved or whose employees may be affected by the
1047	strike may file suit to enjoin the strike in the circuit court
1048	having proper jurisdiction and proper venue of such actions
1049	under the Florida Rules of Civil Procedure and Florida Statutes.
1050	The circuit court shall conduct a hearing, with notice to the
1051	commission and to all interested parties, at the earliest
1052	practicable time. If the plaintiff makes a prima facie showing
1053	that a violation of s. 447.505 is in progress or that there is a
1054	clear, real, and present danger that such a strike is about to
1055	commence, the circuit court shall issue a temporary injunction
1056	enjoining the strike. Upon final hearing, the circuit court
1057	shall either make the injunction permanent or dissolve it.
1058	Section 45.  Subsection (9) of section 448.110, Florida
1059	Statutes, is amended to read:
1060	448.110  State minimum wage; annual wage adjustment;
1061	enforcement.--
1062	(9)  Actions brought pursuant to this section may be
1063	brought as a class action pursuant to Rule 1.220, Florida Rules
1064	of Civil Procedure. In any class action brought pursuant to this
1065	section, the plaintiffs shall prove, by a preponderance of the
1066	evidence, the individual identity of each class member and the
1067	individual damages of each class member.
1068	Section 46.  Paragraph (a) of subsection (7) of section
1069	456.057, Florida Statutes, is amended to read:
1070	456.057  Ownership and control of patient records; report
1071	or copies of records to be furnished.--
1072	(7)(a)  Except as otherwise provided in this section and in
1073	s. 440.13(4)(c), such records may not be furnished to, and the
1074	medical condition of a patient may not be discussed with, any
1075	person other than the patient or the patient's legal
1076	representative or other health care practitioners and providers
1077	involved in the care or treatment of the patient, except upon
1078	written authorization of the patient. However, such records may
1079	be furnished without written authorization under the following
1080	circumstances:
1081	1.  To any person, firm, or corporation that has procured
1082	or furnished such examination or treatment with the patient's
1083	consent.
1084	2.  When compulsory physical examination is made in a civil
1085	action pursuant to court rule. 1.360, Florida Rules of Civil
1086	Procedure, in which case Copies of the medical records shall be
1087	furnished to parties entitled to such records under the rule
1088	both the defendant and the plaintiff.
1089	3.  In any civil or criminal action, unless otherwise
1090	prohibited by law, upon the issuance of a subpoena from a court
1091	of competent jurisdiction and proper notice to the patient or
1092	the patient's legal representative by the party seeking such
1093	records.
1094	4.  For statistical and scientific research, provided the
1095	information is abstracted in such a way as to protect the
1096	identity of the patient or provided written permission is
1097	received from the patient or the patient's legal representative.
1098	5.  To a regional poison control center for purposes of
1099	treating a poison episode under evaluation, case management of
1100	poison cases, or compliance with data collection and reporting
1101	requirements of s. 395.1027 and the professional organization
1102	that certifies poison control centers in accordance with federal
1103	law.
1104	Section 47.  Paragraph (b) of subsection (3) of section
1105	518.112, Florida Statutes, is amended to read:
1106	518.112  Delegation of investment functions.--
1107	(3)  A fiduciary may delegate investment functions to an
1108	investment agent under subsection (1) or subsection (2), if:
1109	(b)  In the case of a trust or estate, the fiduciary has
1110	given written notice, of its intention to begin delegating
1111	investment functions under this section, to all beneficiaries,
1112	or their legal representative, eligible to receive distributions
1113	from the trust or estate within 30 days of the delegation unless
1114	such notice is waived by the eligible beneficiaries entitled to
1115	receive such notice. This notice shall thereafter, until or
1116	unless the beneficiaries eligible to receive income from the
1117	trust or distributions from the estate at the time are notified
1118	to the contrary, authorize the trustee or legal representative
1119	to delegate investment functions pursuant to this subsection.
1120	This discretion to revoke the delegation does not imply under
1121	subsection (2) any continuing obligation to review the agent's
1122	actions.
1123	1.  Notice to beneficiaries eligible to receive
1124	distributions from the trust from the estate, or their legal
1125	representatives shall be sufficient notice to all persons who
1126	may join the eligible class of beneficiaries in the future.
1127	2.  Additionally, as used herein, legal representative
1128	includes one described in s. 731.303, without any requirement of
1129	a court order, an attorney-in-fact under a durable power of
1130	attorney sufficient to grant such authority, a legally appointed
1131	guardian, or equivalent under applicable law, any living,
1132	natural guardian of a minor child, or a guardian ad litem.
1133	3.  Written notice shall be:
1134	a.  By any form of mail or by any commercial delivery
1135	service, approved for service of process by the chief judge of
1136	the judicial circuit in which the trust has its principal place
1137	of business at the date of notice, requiring a signed receipt;
1138	or
1139	b.  As provided by law for service of process; or
1140	c.  By an elisor as may be provided in the Florida Rules of
1141	Civil Procedure.
1142
1143	Notice by mail or by approved commercial delivery service is
1144	complete on receipt of notice. Proof of notice must be by
1145	verified statement of the person mailing or sending notice, and
1146	there must be attached thereto the signed receipt or other
1147	satisfactory evidence that delivery was effected on the
1148	addressee or on the addressee's agent. Proof of notice must be
1149	maintained among the trustee's permanent records.
1150	Section 48.  Subsection (4) of section 552.40, Florida
1151	Statutes, is amended to read:
1152	552.40  Administrative remedy for alleged damage due to the
1153	use of explosives in connection with construction materials
1154	mining activities.--
1155	(4)  The administrative judge shall issue an order
1156	directing mediation under Rule 1700 et seq., Florida Rules of
1157	Civil Procedure. The parties shall jointly select a mediator and
1158	the location of mediation. If the parties fail to do so within
1159	30 days after the order for mediation is issued, the
1160	administrative law judge shall designate the mediator and the
1161	location of mediation. Petitioner and respondent shall each pay
1162	one-half of the cost of mediation. If the petitioner's annual
1163	income is less than 150 percent of the applicable federal
1164	poverty guideline published in the Federal Register by the
1165	United States Department of Health and Human Services, the
1166	respondent shall bear the full cost of mediation. The mediation
1167	must be concluded within 60 days after the date of designation
1168	of the mediator unless the parties agree upon a different date.
1169	Section 49.  Paragraph (b) of subsection (1) and subsection
1170	(5) of section 607.0505, Florida Statutes, are amended to read:
1171	607.0505  Registered agent; duties.--
1172	(1)
1173	(b)  Each such corporation, foreign corporation, or alien
1174	business organization which fails to have and continuously
1175	maintain a registered office and a registered agent as required
1176	in this section will be liable to this state for $500 for each
1177	year, or part of a year, during which the corporation, foreign
1178	corporation, or alien business organization fails to comply with
1179	these requirements; but such liability will be forgiven in full
1180	upon the compliance by the corporation, foreign corporation, or
1181	alien business organization with the requirements of this
1182	subsection, even if such compliance occurs after an action to
1183	collect such liability is instituted. The Department of Legal
1184	Affairs may file an action in the circuit court for the judicial
1185	circuit in which the corporation, foreign corporation, or alien
1186	business organization is found or transacts business, or in
1187	which real property belonging to the corporation, foreign
1188	corporation, or alien business organization is located, to
1189	petition the court for an order directing that a registered
1190	agent be appointed and that a registered office be designated,
1191	and to obtain judgment for the amount owed under this
1192	subsection. In connection with such proceeding, the department
1193	may, without prior approval by the court, file a lis pendens
1194	against real property owned by the corporation, foreign
1195	corporation, or alien business organization, which lis pendens
1196	shall set forth the legal description of the real property and
1197	shall be filed in the public records of the county where the
1198	real property is located. If the lis pendens is filed in any
1199	county other than the county in which the action is pending, the
1200	lis pendens which is filed must be a certified copy of the
1201	original lis pendens. The failure to comply timely or fully with
1202	an order directing that a registered agent be appointed and that
1203	a registered office be designated will result in a civil penalty
1204	of not more than $1,000 for each day of noncompliance. A
1205	judgment or an order of payment entered pursuant to this
1206	subsection will become a judgment lien against any real property
1207	owned by the corporation, foreign corporation, or alien business
1208	organization when a certified copy of the judgment or order is
1209	recorded as required by s. 55.10. The department will be able to
1210	avail itself of, and is entitled to use, any provision of law or
1211	of the Florida Rules of Civil Procedure to further the
1212	collecting or obtaining of payment pursuant to a judgment or
1213	order of payment. The state, through the Attorney General, may
1214	bid, at any judicial sale to enforce its judgment lien, any
1215	amount up to the amount of the judgment or lien obtained
1216	pursuant to this subsection. All moneys recovered under this
1217	subsection shall be treated as forfeitures under ss. 895.01-
1218	895.09 and used or distributed in accordance with the procedure
1219	set forth in s. 895.09. A corporation, foreign corporation, or
1220	alien business organization which fails to have and continuously
1221	maintain a registered office and a registered agent as required
1222	in this section may not defend itself against any action
1223	instituted by the Department of Legal Affairs or by any other
1224	agency of this state until the requirements of this subsection
1225	have been met.
1226	(5)  If a corporation, foreign corporation, or alien
1227	business organization fails without lawful excuse to comply
1228	timely or fully with a subpoena issued pursuant to subsection
1229	(2), the Department of Legal Affairs may file an action in the
1230	circuit court for the judicial circuit in which the corporation,
1231	foreign corporation, or alien business organization is found or
1232	transacts business or in which real property belonging to the
1233	corporation, foreign corporation, or alien business organization
1234	is located, for an order compelling compliance with the
1235	subpoena. The failure without a lawful excuse to comply timely
1236	or fully with an order compelling compliance with the subpoena
1237	will result in a civil penalty of not more than $1,000 for each
1238	day of noncompliance with the order. In connection with such
1239	proceeding, the department may, without prior approval by the
1240	court, file a lis pendens against real property owned by the
1241	corporation, foreign corporation, or alien business
1242	organization, which lis pendens shall set forth the legal
1243	description of the real property and shall be filed in the
1244	public records of the county where the real property is located.
1245	If the lis pendens is filed in any county other than the county
1246	in which the action is pending, the lis pendens which is filed
1247	must be a certified copy of the original lis pendens. A judgment
1248	or an order of payment entered pursuant to this subsection will
1249	become a judgment lien against any real property owned by the
1250	corporation, foreign corporation, or alien business organization
1251	when a certified copy of the judgment or order is recorded as
1252	required by s. 55.10. The department will be able to avail
1253	itself of, and is entitled to use, any provision of law or of
1254	the Florida Rules of Civil Procedure to further the collecting
1255	or obtaining of payment pursuant to a judgment or order of
1256	payment. The state, through the Attorney General, may bid, at
1257	any judicial sale to enforce its judgment lien, an amount up to
1258	the amount of the judgment or lien obtained pursuant to this
1259	subsection. All moneys recovered under this subsection shall be
1260	treated as forfeitures under ss. 895.01-895.09 and used or
1261	distributed in accordance with the procedure set forth in s.
1262	895.09.
1263	Section 50.  Paragraph (b) of subsection (1) and subsection
1264	(5) of section 617.0503, Florida Statutes, are amended to read:
1265	617.0503  Registered agent; duties; confidentiality of
1266	investigation records.--
1267	(1)
1268	(b)  Each such corporation, foreign corporation, or alien
1269	business organization that fails to have and continuously
1270	maintain a registered office and a registered agent as required
1271	in this section is liable to this state for $500 for each year,
1272	or part of a year, during which the corporation, foreign
1273	corporation, or alien business organization fails to comply with
1274	these requirements; but this liability is forgiven in full upon
1275	the compliance by the corporation, foreign corporation, or alien
1276	business organization with the requirements of this subsection,
1277	even if that compliance occurs after an action to collect such
1278	amount is instituted. The Department of Legal Affairs may file
1279	an action in the circuit court for the judicial circuit in which
1280	the corporation, foreign corporation, or alien business
1281	organization is found or transacts business, or in which real
1282	property belonging to the corporation, foreign corporation, or
1283	alien business organization is located, to petition the court
1284	for an order directing that a registered agent be appointed and
1285	that a registered office be designated, and to obtain judgment
1286	for the amount owed under this subsection. In connection with
1287	such proceeding, the department may, without prior approval by
1288	the court, file a lis pendens against real property owned by the
1289	corporation, foreign corporation, or alien business
1290	organization, which lis pendens shall set forth the legal
1291	description of the real property and shall be filed in the
1292	public records of the county where the real property is located.
1293	If the lis pendens is filed in any county other than the county
1294	in which the action is pending, the lis pendens that is filed
1295	must be a certified copy of the original lis pendens. The
1296	failure to comply timely or fully with an order directing that a
1297	registered agent be appointed and that a registered office be
1298	designated will result in a civil penalty of not more than
1299	$1,000 for each day of noncompliance. A judgment or an order of
1300	payment entered under this subsection becomes a judgment lien
1301	against any real property owned by the corporation, foreign
1302	corporation, or alien business organization when a certified
1303	copy of the judgment or order is recorded as required by s.
1304	55.10. The department may avail itself of, and is entitled to
1305	use, any provision of law or of the Florida Rules of Civil
1306	Procedure to further the collecting or obtaining of payment
1307	pursuant to a judgment or order of payment. The state, through
1308	the Attorney General, may bid, at any judicial sale to enforce
1309	its judgment lien, any amount up to the amount of the judgment
1310	or lien obtained pursuant to this subsection. All moneys
1311	recovered under this subsection shall be treated as forfeitures
1312	under ss. 895.01-895.09 and used or distributed in accordance
1313	with the procedure set forth in s. 895.09. A corporation,
1314	foreign corporation, or alien business organization that fails
1315	to have and continuously maintain a registered office and a
1316	registered agent as required in this section may not defend
1317	itself against any action instituted by the Department of Legal
1318	Affairs or by any other agency of this state until the
1319	requirements of this subsection have been met.
1320	(5)  If a corporation, foreign corporation, or alien
1321	business organization fails without lawful excuse to comply
1322	timely or fully with a subpoena issued pursuant to subsection
1323	(2), the Department of Legal Affairs may file an action in the
1324	circuit court for the judicial circuit in which the corporation,
1325	foreign corporation, or alien business organization is found or
1326	transacts business or in which real property belonging to the
1327	corporation, foreign corporation, or alien business organization
1328	is located, for an order compelling compliance with the
1329	subpoena. The failure without a lawful excuse to comply timely
1330	or fully with an order compelling compliance with the subpoena
1331	will result in a civil penalty of not more than $1,000 for each
1332	day of noncompliance with the order. In connection with such
1333	proceeding, the department may, without prior approval by the
1334	court, file a lis pendens against real property owned by the
1335	corporation, foreign corporation, or alien business
1336	organization, which lis pendens shall set forth the legal
1337	description of the real property and shall be filed in the
1338	public records of the county where the real property is located.
1339	If the lis pendens is filed in any county other than the county
1340	in which the action is pending, the lis pendens that is filed
1341	must be a certified copy of the original lis pendens. A judgment
1342	or an order of payment entered pursuant to this subsection will
1343	become a judgment lien against any real property owned by the
1344	corporation, foreign corporation, or alien business organization
1345	when a certified copy of the judgment or order is recorded as
1346	required by s. 55.10. The department may avail itself of, and is
1347	entitled to use, any provision of law or of the Florida Rules of
1348	Civil Procedure to further the collecting or obtaining of
1349	payment pursuant to a judgment or order of payment. The state,
1350	through the Attorney General, may bid at any judicial sale to
1351	enforce its judgment lien, an amount up to the amount of the
1352	judgment or lien obtained pursuant to this subsection. All
1353	moneys recovered under this subsection shall be treated as
1354	forfeitures under ss. 895.01-895.09 and used or distributed in
1355	accordance with the procedure set forth in s. 895.09.
1356	Section 51.  Paragraph (b) of subsection (4) of section
1357	713.346, Florida Statutes, is amended to read:
1358	713.346  Payment on construction contracts.--
1359	(4)  After service of the complaint, the court shall
1360	conduct an evidentiary hearing on the complaint, upon not less
1361	than 15 days' written notice. The person providing labor,
1362	services, or materials is entitled to the following remedies to
1363	the extent of the undisputed amount due for labor or services
1364	performed or materials supplied, and upon proof of each
1365	allegation in the complaint:
1366	(b)  A temporary injunction against the person who received
1367	the payment, subject to the bond requirements specified in the
1368	Florida Rules of Civil Procedure.
1369	Section 52.  Paragraph (h) of subsection (4) of section
1370	718.1255, Florida Statutes, is amended to read:
1371	718.1255  Alternative dispute resolution; voluntary
1372	mediation; mandatory nonbinding arbitration; legislative
1373	findings.--
1374	(4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1375	DISPUTES.--The Division of Florida Land Sales, Condominiums, and
1376	Mobile Homes of the Department of Business and Professional
1377	Regulation shall employ full-time attorneys to act as
1378	arbitrators to conduct the arbitration hearings provided by this
1379	chapter. The division may also certify attorneys who are not
1380	employed by the division to act as arbitrators to conduct the
1381	arbitration hearings provided by this section. No person may be
1382	employed by the department as a full-time arbitrator unless he
1383	or she is a member in good standing of The Florida Bar. The
1384	department shall promulgate rules of procedure to govern such
1385	arbitration hearings including mediation incident thereto. The
1386	decision of an arbitrator shall be final; however, such a
1387	decision shall not be deemed final agency action. Nothing in
1388	this provision shall be construed to foreclose parties from
1389	proceeding in a trial de novo unless the parties have agreed
1390	that the arbitration is binding. If such judicial proceedings
1391	are initiated, the final decision of the arbitrator shall be
1392	admissible in evidence in the trial de novo.
1393	(h)  Mediation proceedings must generally be conducted in
1394	accordance with chapter 44 the Florida Rules of Civil Procedure,
1395	and these proceedings are privileged and confidential to the
1396	same extent as court-ordered mediation. Persons who are not
1397	parties to the dispute are not allowed to attend the mediation
1398	conference without the consent of all parties, with the
1399	exception of counsel for the parties and corporate
1400	representatives designated to appear for a party. If the
1401	mediator declares an impasse after a mediation conference has
1402	been held, the arbitration proceeding terminates, unless all
1403	parties agree in writing to continue the arbitration proceeding,
1404	in which case the arbitrator's decision shall be either binding
1405	or nonbinding, as agreed upon by the parties; in the arbitration
1406	proceeding, the arbitrator shall not consider any evidence
1407	relating to the unsuccessful mediation except in a proceeding to
1408	impose sanctions for failure to appear at the mediation
1409	conference. If the parties do not agree to continue arbitration,
1410	the arbitrator shall enter an order of dismissal, and either
1411	party may institute a suit in a court of competent jurisdiction.
1412	The parties may seek to recover any costs and attorneys' fees
1413	incurred in connection with arbitration and mediation
1414	proceedings under this section as part of the costs and fees
1415	that may be recovered by the prevailing party in any subsequent
1416	litigation.
1417	Section 53.  Paragraph (a) of subsection (2) of section
1418	720.311, Florida Statutes, is amended to read:
1419	720.311  Dispute resolution.--
1420	(2)(a)  Disputes between an association and a parcel owner
1421	regarding use of or changes to the parcel or the common areas
1422	and other covenant enforcement disputes, disputes regarding
1423	amendments to the association documents, disputes regarding
1424	meetings of the board and committees appointed by the board,
1425	membership meetings not including election meetings, and access
1426	to the official records of the association shall be the subject
1427	of a demand for presuit mediation served by an aggrieved party
1428	before the dispute is filed in court. Presuit mediation
1429	proceedings must be conducted in accordance with chapter 44 the
1430	applicable Florida Rules of Civil Procedure, and these
1431	proceedings are privileged and confidential to the same extent
1432	as court-ordered mediation. Disputes subject to presuit
1433	mediation under this section shall not include the collection of
1434	any assessment, fine, or other financial obligation, including
1435	attorney's fees and costs, claimed to be due or any action to
1436	enforce a prior mediation settlement agreement between the
1437	parties. Also, in any dispute subject to presuit mediation under
1438	this section where emergency relief is required, a motion for
1439	temporary injunctive relief may be filed with the court without
1440	first complying with the presuit mediation requirements of this
1441	section. After any issues regarding emergency or temporary
1442	relief are resolved, the court may either refer the parties to a
1443	mediation program administered by the courts or require
1444	mediation under this section. An arbitrator or judge may not
1445	consider any information or evidence arising from the presuit
1446	mediation proceeding except in a proceeding to impose sanctions
1447	for failure to attend a presuit mediation session or to enforce
1448	a mediated settlement agreement. Persons who are not parties to
1449	the dispute may not attend the presuit mediation conference
1450	without the consent of all parties, except for counsel for the
1451	parties and a corporate representative designated by the
1452	association. When mediation is attended by a quorum of the
1453	board, such mediation is not a board meeting for purposes of
1454	notice and participation set forth in s. 720.303. An aggrieved
1455	party shall serve on the responding party a written demand to
1456	participate in presuit mediation in substantially the following
1457	form:
1458
1459
1460	STATUTORY OFFER TO PARTICIPATE
1461
1462
1463	IN PRESUIT MEDIATION
1464
1465
1466	The alleged aggrieved party, ____________________, hereby
1467	demands that ____________________, as the responding party,
1468	engage in mandatory presuit mediation in connection with the
1469	following disputes, which by statute are of a type that are
1470	subject to presuit mediation:
1471
1472
1473	(List specific nature of the dispute or disputes to be mediated
1474	and the authority supporting a finding of a violation as to each
1475	dispute.)
1476
1477
1478	Pursuant to section 720.311, Florida Statutes, this demand to
1479	resolve the dispute through presuit mediation is required before
1480	a lawsuit can be filed concerning the dispute. Pursuant to the
1481	statute, the parties are required to engage in presuit mediation
1482	with a neutral third-party mediator in order to attempt to
1483	resolve this dispute without court action, and the aggrieved
1484	party demands that you likewise agree to this process. If you
1485	fail to participate in the mediation process, suit may be
1486	brought against you without further warning.
1487
1488
1489	The process of mediation involves a supervised negotiation
1490	process in which a trained, neutral third-party mediator meets
1491	with both parties and assists them in exploring possible
1492	opportunities for resolving part or all of the dispute. By
1493	agreeing to participate in presuit mediation, you are not bound
1494	in any way to change your position. Furthermore, the mediator
1495	has no authority to make any decisions in this matter or to
1496	determine who is right or wrong and merely acts as a facilitator
1497	to ensure that each party understands the position of the other
1498	party and that all options for reasonable settlement are fully
1499	explored.
1500
1501
1502	If an agreement is reached, it shall be reduced to writing and
1503	becomes a binding and enforceable commitment of the parties. A
1504	resolution of one or more disputes in this fashion avoids the
1505	need to litigate these issues in court. The failure to reach an
1506	agreement, or the failure of a party to participate in the
1507	process, results in the mediator declaring an impasse in the
1508	mediation, after which the aggrieved party may proceed to court
1509	on all outstanding, unsettled disputes. If you have failed or
1510	refused to participate in the entire mediation process, you will
1511	not be entitled to recover attorney's fees, even if you prevail.
1512
1513
1514	The aggrieved party has selected and hereby lists five certified
1515	mediators who we believe to be neutral and qualified to mediate
1516	the dispute. You have the right to select any one of these
1517	mediators. The fact that one party may be familiar with one or
1518	more of the listed mediators does not mean that the mediator
1519	cannot act as a neutral and impartial facilitator. Any mediator
1520	who cannot act in this capacity is required ethically to decline
1521	to accept engagement. The mediators that we suggest, and their
1522	current hourly rates, are as follows:
1523
1524
1525	(List the names, addresses, telephone numbers, and hourly rates
1526	of the mediators. Other pertinent information about the
1527	background of the mediators may be included as an attachment.)
1528
1529
1530	You may contact the offices of these mediators to confirm that
1531	the listed mediators will be neutral and will not show any
1532	favoritism toward either party. The Florida Supreme Court can
1533	provide you a list of certified mediators.
1534
1535
1536	Unless otherwise agreed by the parties, section 720.311(2)(b),
1537	Florida Statutes, requires that the parties share the costs of
1538	presuit mediation equally, including the fee charged by the
1539	mediator. An average mediation may require three to four hours
1540	of the mediator's time, including some preparation time, and the
1541	parties would need to share equally the mediator's fees as well
1542	as their own attorney's fees if they choose to employ an
1543	attorney in connection with the mediation. However, use of an
1544	attorney is not required and is at the option of each party. The
1545	mediators may require the advance payment of some or all of the
1546	anticipated fees. The aggrieved party hereby agrees to pay or
1547	prepay one-half of the mediator's estimated fees and to forward
1548	this amount or such other reasonable advance deposits as the
1549	mediator requires for this purpose. Any funds deposited will be
1550	returned to you if these are in excess of your share of the fees
1551	incurred.
1552
1553
1554	To begin your participation in presuit mediation to try to
1555	resolve the dispute and avoid further legal action, please sign
1556	below and clearly indicate which mediator is acceptable to you.
1557	We will then ask the mediator to schedule a mutually convenient
1558	time and place for the mediation conference to be held. The
1559	mediation conference must be held within ninety (90) days of
1560	this date, unless extended by mutual written agreement. In the
1561	event that you fail to respond within 20 days from the date of
1562	this letter, or if you fail to agree to at least one of the
1563	mediators that we have suggested or to pay or prepay to the
1564	mediator one-half of the costs involved, the aggrieved party
1565	will be authorized to proceed with the filing of a lawsuit
1566	against you without further notice and may seek an award of
1567	attorney's fees or costs incurred in attempting to obtain
1568	mediation.
1569
1570
1571	Therefore, please give this matter your immediate attention. By
1572	law, your response must be mailed by certified mail, return
1573	receipt requested, and by first-class mail to the address shown
1574	on this demand.
1575
1576
1577	______________________________
1578
1579	______________________________
1580
1581
1582	RESPONDING PARTY: YOUR SIGNATURE INDICATES YOUR AGREEMENT TO
1583	THAT CHOICE.
1584
1585	AGREEMENT TO MEDIATE
1586
1587
1588	The undersigned hereby agrees to participate in presuit
1589	mediation and agrees to attend a mediation conducted by the
1590	following mediator or mediators who are listed above as someone
1591	who would be acceptable to mediate this dispute:
1592
1593
1594	(List acceptable mediator or mediators.)
1595
1596
1597	I/we further agree to pay or prepay one-half of the mediator's
1598	fees and to forward such advance deposits as the mediator may
1599	require for this purpose.
1600
1601
1602	______________________________
1603
1604	Signature of responding party #1
1605
1606
1607	______________________________
1608
1609	Telephone contact information
1610
1611
1612	______________________________
1613
1614	Signature and telephone contact information of responding party
1615	#2 (if applicable)(if property is owned by more than one person,
1616	all owners must sign)
1617	Section 54.  Subsection (2) of section 723.0381, Florida
1618	Statutes, is amended to read:
1619	723.0381  Civil actions; arbitration.--
1620	(2)  The court may refer the action to nonbinding
1621	arbitration pursuant to s. 44.103 and the Florida Rules of Civil
1622	Procedure. The court shall order the hearing to be held
1623	informally with presentation of testimony kept to a minimum and
1624	matters presented to the arbitrators primarily through the
1625	statements and arguments of counsel. The court shall assess the
1626	parties equally to pay the compensation awarded to the
1627	arbitrators if neither party requests a trial de novo. If a
1628	party has filed for a trial de novo, the party shall be assessed
1629	the arbitration costs, court costs, and other reasonable costs
1630	of the opposing party, including attorney's fees, investigation
1631	expenses, and expenses for expert or other testimony or evidence
1632	incurred after the arbitration hearing if the judgment upon the
1633	trial de novo is not more favorable than the arbitration
1634	decision. If subsequent to arbitration a party files for a trial
1635	de novo, the arbitration decision may be made known to the judge
1636	only after he or she has entered his or her order on the merits.
1637	Section 55.  Subsection (1) of section 726.108, Florida
1638	Statutes, is amended to read:
1639	726.108  Remedies of creditors.--
1640	(1)  In an action for relief against a transfer or
1641	obligation under ss. 726.101-726.112, a creditor, subject to the
1642	limitations in s. 726.109 may obtain:
1643	(a)  Avoidance of the transfer or obligation to the extent
1644	necessary to satisfy the creditor's claim;
1645	(b)  An attachment or other provisional remedy against the
1646	asset transferred or other property of the transferee in
1647	accordance with applicable law;
1648	(c)  Subject to applicable principles of equity and in
1649	accordance with applicable rules of civil procedure:
1650	(c)1.  An injunction against further disposition by the
1651	debtor or a transferee, or both, of the asset transferred or of
1652	other property;
1653	(d)2.  Appointment of a receiver to take charge of the
1654	asset transferred or of other property of the transferee; or
1655	(e)3.  Any other relief the circumstances may require.
1656	Section 56.  Paragraph (b) of subsection (2) of section
1657	727.104, Florida Statutes, is amended to read:
1658	727.104  Commencement of proceedings.--
1659	(2)  Within 10 days after delivery of the assignment to the
1660	assignee, the assignee shall:
1661	(b)  File, in the office of the clerk of the court in the
1662	county of the assignor's place of business if it has one, in the
1663	county of its chief executive office if it has more than one
1664	place of business, or in the county of the assignor's residence
1665	if the assignor is an individual not engaged in business, in
1666	accordance with the procedures for filing a complaint as set
1667	forth in the Florida Rules of Civil Procedure, a petition
1668	setting forth the name and address of the assignor and the name
1669	and address of the assignee; a copy of the assignment, together
1670	with Schedules A and B; and a request that the court fix the
1671	amount of the assignee's bond to be filed with the clerk of the
1672	court. This bond shall be subject to reconsideration upon the
1673	motion of any party in interest after notice and hearing. The
1674	bond shall be payable to the clerk of the court, in an amount
1675	not less than double the liquidation value of the assets of the
1676	estate as set forth in Schedule B, conditioned upon the
1677	assignee's faithful discharge of her or his duties. Within 30
1678	days after the court enters an order setting the amount of such
1679	bond, the assignee shall file the bond with the clerk of the
1680	court, who shall approve the bond.
1681	Section 57.  Section 731.011, Florida Statutes, is amended
1682	to read:
1683	731.011  Determination of substantive rights;
1684	procedures.--The code became effective on January 1, 1976. The
1685	substantive rights of all persons that vested prior to January
1686	1, 1976, shall be determined as provided in former chapters 731-
1687	737 and 744-746. The procedures for the enforcement of vested
1688	substantive rights shall be as provided in the Florida Probate
1689	Rules.
1690	Section 58.  Subsection (2) of section 732.107, Florida
1691	Statutes, is amended to read:
1692	732.107  Escheat.--
1693	(2)  Property that escheats shall be sold as provided in
1694	the Florida Probate Rules and the proceeds paid to the Chief
1695	Financial Officer of the state and deposited in the State School
1696	Fund.
1697	Section 59.  Subsection (3) of section 733.101, Florida
1698	Statutes, is amended to read:
1699	733.101  Venue of probate proceedings.--
1700	(3)  Whenever a proceeding is filed laying venue in an
1701	improper county, the court may transfer the action in the same
1702	manner as provided in the Florida Rules of Civil Procedure. Any
1703	action taken by the court or the parties before the transfer is
1704	not affected by the improper venue.
1705	Section 60.  Subsection (3) of section 733.212, Florida
1706	Statutes, is amended to read:
1707	733.212  Notice of administration; filing of objections.--
1708	(3)  Any interested person on whom a copy of the notice of
1709	administration is served must object to the validity of the
1710	will, the qualifications of the personal representative, the
1711	venue, or the jurisdiction of the court by filing a petition or
1712	other pleading requesting relief in accordance with the Florida
1713	Probate Rules on or before the date that is 3 months after the
1714	date of service of a copy of the notice of administration on the
1715	objecting person, or those objections are forever barred.
1716	Section 61.  Subsection (2) of section 733.6171, Florida
1717	Statutes, is amended to read:
1718	733.6171  Compensation of attorney for the personal
1719	representative.--
1720	(2)  The attorney, the personal representative, and persons
1721	bearing the impact of the compensation may agree to compensation
1722	determined in a different manner than provided in this section.
1723	Compensation may also be determined in a different manner than
1724	provided in this section if the manner is disclosed to the
1725	parties bearing the impact of the compensation and if no
1726	objection is made as provided for in the Florida Probate Rules.
1727	Section 62.  Subsection (2) of section 733.705, Florida
1728	Statutes, is amended to read:
1729	733.705  Payment of and objection to claims.--
1730	(2)  On or before the expiration of 4 months from the first
1731	publication of notice to creditors or within 30 days from the
1732	timely filing or amendment of a claim, whichever occurs later, a
1733	personal representative or other interested person may file a
1734	written objection to a claim. If an objection is filed, the
1735	person filing it shall serve a copy of the objection as provided
1736	by the Florida Probate Rules. The failure to serve a copy of the
1737	objection constitutes an abandonment of the objection. For good
1738	cause, the court may extend the time for filing or serving an
1739	objection to any claim. Objection to a claim constitutes an
1740	objection to an amendment of that claim unless the objection is
1741	withdrawn.
1742	Section 63.  Subsection (2) of section 734.102, Florida
1743	Statutes, is amended to read:
1744	734.102  Ancillary administration.--
1745	(2)  Ancillary administration shall be commenced as
1746	provided by the Florida Probate Rules.
1747	Section 64.  Subsection (4) of section 736.0109, Florida
1748	Statutes, is amended to read:
1749	736.0109  Methods and waiver of notice.--
1750	(4)  Notice of a judicial proceeding must be given as
1751	provided in statute and the applicable court rule Florida Rules
1752	of Civil Procedure.
1753	Section 65.  Subsection (1) and paragraph (c) of subsection
1754	(9) of section 738.104, Florida Statutes, are amended to read:
1755	738.104  Trustee's power to adjust.--
1756	(1)  A trustee may adjust between principal and income to
1757	the extent the trustee considers necessary if the trustee
1758	invests and manages trust assets as a prudent investor, the
1759	terms of the trust describe the amount that may or shall be
1760	distributed to a beneficiary by referring to the trust's income,
1761	and the trustee determines, after applying the provisions of
1762	rules in s. 738.103(1), that the trustee is unable to comply
1763	with s. 738.103(2).
1764	(9)
1765	(c)  The statement referred to in this subsection shall be
1766	served informally by delivering a copy or mailing it to the
1767	beneficiary, in the manner provided in the Florida Rules of
1768	Civil Procedure relating to service of pleadings subsequent to
1769	the initial pleading. The statement may be served on a legal
1770	representative or natural guardian of a beneficiary without the
1771	filing of any proceeding or approval of any court.
1772	Section 66.  Paragraph (c) of subsection (2) of section
1773	738.1041, Florida Statutes, is amended to read:
1774	738.1041  Total return unitrust.--
1775	(2)  A trustee may, without court approval, convert an
1776	income trust to a total return unitrust, reconvert a total
1777	return unitrust to an income trust, or change the percentage
1778	used to calculate the unitrust amount or the method used to
1779	determine the fair market value of the trust if:
1780	(c)  The trustee sends written notice of its intention to
1781	take such action, along with copies of such written statement
1782	and this section, and, if applicable, the determinations of
1783	either the trustee or the disinterested person to:
1784	1.  The grantor of the trust, if living.
1785	2.  All living persons who are currently receiving or
1786	eligible to receive distributions of income of the trust.
1787	3.  All living persons who would receive distributions of
1788	principal of the trust if the trust were to terminate at the
1789	time of the giving of such notice (without regard to the
1790	exercise of any power of appointment) or, if the trust does not
1791	provide for its termination, all living persons who would
1792	receive or be eligible to receive distributions of income or
1793	principal of the trust if the persons identified in subparagraph
1794	2. were deceased.
1795	4.  All persons acting as advisers or protectors of the
1796	trust.
1797
1798	Notice under this paragraph shall be served informally by
1799	delivering a copy or mailing it to the beneficiary, in the
1800	manner provided in the Florida Rules of Civil Procedure relating
1801	to service of pleadings subsequent to the initial pleading.
1802	Notice may be served on a legal representative or natural
1803	guardian of a person without the filing of any proceeding or
1804	approval of any court;
1805	Section 67.  Paragraph (b) of subsection (5), paragraph (h)
1806	of subsection (6), and paragraph (b) of subsection (9) of
1807	section 741.30, Florida Statutes, are amended to read:
1808	741.30  Domestic violence; injunction; powers and duties of
1809	court and clerk; petition; notice and hearing; temporary
1810	injunction; issuance of injunction; statewide verification
1811	system; enforcement.--
1812	(5)
1813	(b)  In a hearing ex parte for the purpose of obtaining
1814	such ex parte temporary injunction, no evidence other than
1815	verified pleadings or affidavits shall be used as evidence,
1816	unless the respondent appears at the hearing or has received
1817	reasonable notice of the hearing. A denial of a petition for an
1818	ex parte injunction shall be by written order noting the legal
1819	grounds for denial. When the only ground for denial is no
1820	appearance of an immediate and present danger of domestic
1821	violence, the court shall set a full hearing on the petition for
1822	injunction with notice at the earliest possible time. Nothing
1823	herein affects a petitioner's right to promptly amend any
1824	petition, or otherwise be heard in person on any petition
1825	consistent with court rule the Florida Rules of Civil Procedure.
1826	(6)
1827	(h)  All proceedings under this subsection shall be
1828	recorded. Recording may be by electronic means as provided by
1829	the Rules of Judicial Administration.
1830	(9)
1831	(b)  If the respondent is arrested by a law enforcement
1832	officer under s. 901.15(6) or for a violation of s. 741.31, the
1833	respondent shall be held in custody until brought before the
1834	court as expeditiously as possible for the purpose of enforcing
1835	the injunction and for admittance to bail in accordance with
1836	chapter 903 and the applicable rules of criminal procedure,
1837	pending a hearing.
1838	Section 68.  Subsection (2) of section 742.16, Florida
1839	Statutes, is amended to read:
1840	742.16  Expedited affirmation of parental status for
1841	gestational surrogacy.--
1842	(2)  After the petition is filed, the court shall fix a
1843	time and place for hearing the petition, which may be
1844	immediately after the filing of the petition. Notice of hearing
1845	shall be given as prescribed by court rule the rules of civil
1846	procedure, and service of process shall be made as specified by
1847	law for civil actions.
1848	Section 69.  Subsection (11) of section 742.18, Florida
1849	Statutes, is amended to read:
1850	742.18  Disestablishment of paternity or termination of
1851	child support obligation.--
1852	(11)  Nothing in this section precludes an individual from
1853	seeking relief from a final judgment, decree, order, or
1854	proceeding pursuant to court rule 1.540, Florida Rules of Civil
1855	Procedure, or from challenging a paternity determination
1856	pursuant to s. 742.10(4).
1857	Section 70.  Paragraph (d) of subsection (1) of section
1858	744.3025, Florida Statutes, is amended to read:
1859	744.3025  Claims of minors.--
1860	(1)
1861	(d)  The duty of the guardian ad litem is to protect the
1862	minor's interests as described in the Florida Probate Rules.
1863	Section 71.  Subsection (2) of section 744.307, Florida
1864	Statutes, is amended to read:
1865	744.307  Foreign guardian may manage the property of
1866	nonresident ward.--
1867	(2)  The guardian shall designate a resident agent as
1868	required by the Florida Probate Rules.
1869	Section 72.  Subsection (2) of section 744.447, Florida
1870	Statutes, is amended to read:
1871	744.447  Petition for authorization to act.--
1872	(2)  No notice of a petition to authorize a sale of
1873	perishable personal property or of property rapidly
1874	deteriorating shall be required. Notice of a petition to perform
1875	any other acts under s. 744.441 or s. 744.446 shall be given to
1876	the ward, to the next of kin, if any, and to those interested
1877	persons who have filed requests for notices and copies of
1878	pleadings, as provided in the Florida Probate Rules, unless
1879	waived by the court. Notice need not be given to a ward who is
1880	under 14 years of age or who has been determined to be totally
1881	incapacitated.
1882	Section 73.  Section 765.105, Florida Statutes, is amended
1883	to read:
1884	765.105  Review of surrogate or proxy's decision.--The
1885	patient's family, the health care facility, or the attending
1886	physician, or any other interested person who may reasonably be
1887	expected to be directly affected by the surrogate or proxy's
1888	decision concerning any health care decision may seek expedited
1889	judicial intervention pursuant to rule 5.900 of the Florida
1890	Probate Rules, if that person believes:
1891	(1)  The surrogate or proxy's decision is not in accord
1892	with the patient's known desires or the provisions of this
1893	chapter;
1894	(2)  The advance directive is ambiguous, or the patient has
1895	changed his or her mind after execution of the advance
1896	directive;
1897	(3)  The surrogate or proxy was improperly designated or
1898	appointed, or the designation of the surrogate is no longer
1899	effective or has been revoked;
1900	(4)  The surrogate or proxy has failed to discharge duties,
1901	or incapacity or illness renders the surrogate or proxy
1902	incapable of discharging duties;
1903	(5)  The surrogate or proxy has abused powers; or
1904	(6)  The patient has sufficient capacity to make his or her
1905	own health care decisions.
1906	Section 74.  Section 765.113, Florida Statutes, is amended
1907	to read:
1908	765.113  Restrictions on providing consent.--Unless the
1909	principal expressly delegates such authority to the surrogate in
1910	writing, or a surrogate or proxy has sought and received court
1911	approval pursuant to rule 5.900 of the Florida Probate Rules, a
1912	surrogate or proxy may not provide consent for:
1913	(1)  Abortion, sterilization, electroshock therapy,
1914	psychosurgery, experimental treatments that have not been
1915	approved by a federally approved institutional review board in
1916	accordance with 45 C.F.R. part 46 or 21 C.F.R. part 56, or
1917	voluntary admission to a mental health facility.
1918	(2)  Withholding or withdrawing life-prolonging procedures
1919	from a pregnant patient prior to viability as defined in s.
1920	390.0111(4).
1921	Section 75.  Paragraph (a) of subsection (3) of section
1922	768.81, Florida Statutes, is amended to read:
1923	768.81  Comparative fault.--
1924	(3)  APPORTIONMENT OF DAMAGES.--In cases to which this
1925	section applies, the court shall enter judgment against each
1926	party liable on the basis of such party's percentage of fault
1927	and not on the basis of the doctrine of joint and several
1928	liability.
1929	(a)  In order to allocate any or all fault to a nonparty, a
1930	defendant must affirmatively plead the fault of a nonparty and,
1931	absent a showing of good cause, identify the nonparty, if known,
1932	or describe the nonparty as specifically as practicable, either
1933	by motion or in the initial responsive pleading when defenses
1934	are first presented, subject to amendment any time before trial
1935	in accordance with court rule the Florida Rules of Civil
1936	Procedure.
1937	Section 76.  Paragraph (b) of subsection (9) of section
1938	784.046, Florida Statutes, is amended to read:
1939	784.046  Action by victim of repeat violence, sexual
1940	violence, or dating violence for protective injunction; powers
1941	and duties of court and clerk of court; filing and form of
1942	petition; notice and hearing; temporary injunction; issuance;
1943	statewide verification system; enforcement.--
1944	(9)
1945	(b)  If the respondent is arrested by a law enforcement
1946	officer under s. 901.15(6) for committing an act of repeat
1947	violence, sexual violence, or dating violence in violation of an
1948	injunction for protection, the respondent shall be held in
1949	custody until brought before the court as expeditiously as
1950	possible for the purpose of enforcing the injunction and for
1951	admittance to bail in accordance with chapter 903 and the
1952	applicable rules of criminal procedure, pending a hearing.
1953	Section 77.  Subsection (4) of section 790.157, Florida
1954	Statutes, is amended to read:
1955	790.157  Presumption of impairment; testing methods.--
1956	(4)  Any person charged with using a firearm while under
1957	the influence of alcoholic beverages or controlled substances to
1958	the extent that his or her normal faculties were impaired,
1959	whether in a municipality or not, shall be entitled to trial by
1960	jury according to the Florida Rules of Criminal Procedure.
1961	Section 78.  Paragraph (h) of subsection (8) of section
1962	896.101, Florida Statutes, is amended to read:
1963	896.101  Florida Money Laundering Act; definitions;
1964	penalties; injunctions; seizure warrants; immunity.--
1965	(8)
1966	(h)  Only the lawful owner or the account holder of the
1967	monetary instruments or funds being enjoined may request a
1968	hearing to contest the order entered pursuant to this section by
1969	petitioning the court that issued the order. A hearing must be
1970	held within 3 days after the request or as soon as practicable
1971	thereafter and before the expiration of the temporary order. The
1972	hearing must be set and noticed by the lawful owner of the
1973	monetary instruments or funds or his or her attorney. Notice of
1974	the hearing must be provided to the petitioner who procured the
1975	temporary injunction pursuant to the Florida Rules of Civil
1976	Procedure but not less than 24 hours before the scheduled
1977	hearing. The court may receive and consider at a hearing held
1978	pursuant to this subsection, evidence and information that would
1979	be inadmissible under the Florida Rules of Evidence. A
1980	proceeding under this subsection is governed by the Florida
1981	Rules of Civil Procedure.
1982	Section 79.  Subsection (2) of section 916.13, Florida
1983	Statutes, is amended to read:
1984	916.13  Involuntary commitment of defendant adjudicated
1985	incompetent.--
1986	(2)  A defendant who has been charged with a felony and who
1987	has been adjudicated incompetent to proceed due to mental
1988	illness, and who meets the criteria for involuntary commitment
1989	to the department under the provisions of this chapter, may be
1990	committed to the department, and the department shall retain and
1991	treat the defendant. No later than 6 months after the date of
1992	admission and at the end of any period of extended commitment,
1993	or at any time the administrator or designee shall have
1994	determined that the defendant has regained competency to proceed
1995	or no longer meets the criteria for continued commitment, the
1996	administrator or designee shall file a report with the court
1997	pursuant to the applicable Florida Rules of Criminal Procedure.
1998	Section 80.  Subsection (3) of section 916.15, Florida
1999	Statutes, is amended to read:
2000	916.15  Involuntary commitment of defendant adjudicated not
2001	guilty by reason of insanity.--
2002	(3)  Every defendant acquitted of criminal charges by
2003	reason of insanity and found to meet the criteria for
2004	involuntary commitment may be committed and treated in
2005	accordance with the provisions of this section and the
2006	applicable Florida Rules of Criminal Procedure. The department
2007	shall admit a defendant so adjudicated to an appropriate
2008	facility or program for treatment and shall retain and treat
2009	such defendant. No later than 6 months after the date of
2010	admission, prior to the end of any period of extended
2011	commitment, or at any time the administrator or designee shall
2012	have determined that the defendant no longer meets the criteria
2013	for continued commitment placement, the administrator or
2014	designee shall file a report with the court pursuant to the
2015	applicable Florida Rules of Criminal Procedure.
2016	Section 81.  Paragraph (a) of subsection (2) of section
2017	916.302, Florida Statutes, is amended to read:
2018	916.302  Involuntary commitment of defendant determined to
2019	be incompetent to proceed.--
2020	(2)  ADMISSION TO A FACILITY.--
2021	(a)  A defendant who has been charged with a felony and who
2022	is found to be incompetent to proceed due to retardation or
2023	autism, and who meets the criteria for involuntary commitment to
2024	the agency under the provisions of this chapter, shall be
2025	committed to the agency, and the agency shall retain and provide
2026	appropriate training for the defendant. No later than 6 months
2027	after the date of admission or at the end of any period of
2028	extended commitment or at any time the administrator or designee
2029	shall have determined that the defendant has regained competency
2030	to proceed or no longer meets the criteria for continued
2031	commitment, the administrator or designee shall file a report
2032	with the court pursuant to this chapter and the applicable
2033	Florida Rules of Criminal Procedure.
2034	Section 82.  Paragraph (g) of subsection (1) of section
2035	924.07, Florida Statutes, is amended to read:
2036	924.07  Appeal by state.--
2037	(1)  The state may appeal from:
2038	(g)  An order adjudicating a defendant insane under the
2039	Florida Rules of Criminal Procedure.
2040	Section 83.  Paragraph (a) of subsection (6) of section
2041	932.704, Florida Statutes, is amended to read:
2042	932.704  Forfeiture proceedings.--
2043	(6)(a)  If the property is required by law to be titled or
2044	registered, or if the owner of the property is known in fact to
2045	the seizing agency, or if the seized property is subject to a
2046	perfected security interest in accordance with the Uniform
2047	Commercial Code, chapter 679, the attorney for the seizing
2048	agency shall serve the forfeiture complaint as an original
2049	service of process under the Florida Rules of Civil Procedure
2050	and other applicable law to each person having an ownership or
2051	security interest in the property. The seizing agency shall also
2052	publish, in accordance with chapter 50, notice of the forfeiture
2053	complaint once each week for 2 consecutive weeks in a newspaper
2054	of general circulation, as defined in s. 165.031, in the county
2055	where the seizure occurred.
2056	Section 84.  Paragraph (d) of subsection (12) of section
2057	984.03, Florida Statutes, is amended to read:
2058	984.03  Definitions.--When used in this chapter, the term:
2059	(12)  "Child who is found to be dependent" or "dependent
2060	child" means a child who, pursuant to this chapter, is found by
2061	the court:
2062	(d)  To have been voluntarily placed with a licensed child-
2063	placing agency for the purposes of subsequent adoption and a
2064	natural parent or parents have consented to termination of
2065	parental rights signed a consent pursuant to the Florida Rules
2066	of Juvenile Procedure.
2067	Section 85.  Subsection (6) of section 984.04, Florida
2068	Statutes, is amended to read:
2069	984.04  Families in need of services and children in need
2070	of services; procedures and jurisdiction.--
2071	(6)  All procedures, including petitions, pleadings,
2072	subpoenas, summonses, and hearings, in family-in-need-of-
2073	services cases and child-in-need-of-services cases shall be
2074	according to the Florida Rules of Juvenile Procedure unless
2075	otherwise provided by law.
2076	Section 86.  Subsection (13) of section 984.19, Florida
2077	Statutes, is amended to read:
2078	984.19  Medical screening and treatment of child;
2079	examination of parent, guardian, or person requesting custody.--
2080	(13)  At any time after the filing of a petition for a
2081	child in need of services, when the mental or physical
2082	condition, including the blood group, of a parent, guardian, or
2083	other person requesting custody of a child is in controversy,
2084	the court may order the person to submit to a physical or mental
2085	examination by a qualified professional. The order may be made
2086	only upon good cause shown and pursuant to notice and procedures
2087	as set forth by the Florida Rules of Juvenile Procedure.
2088	Section 87.  Paragraphs (a) and (b) of subsection (1) and
2089	paragraphs (a) and (b) of subsection (2) of section 984.20,
2090	Florida Statutes, are amended to read:
2091	984.20  Hearings for child-in-need-of-services cases.--
2092	(1)  ARRAIGNMENT HEARING.--
2093	(a)  When a child has been taken into custody by order of
2094	the court, an arraignment hearing shall be held within 7 days
2095	after the date the child is taken into custody. The hearing
2096	shall be held for the child and the parent, guardian, or
2097	custodian to admit, deny, or consent to findings that a child is
2098	in need of services as alleged in the petition. If the child and
2099	the parent, guardian, or custodian admit or consent to the
2100	findings in the petition, the court shall proceed as set forth
2101	in the Florida Rules of Juvenile Procedure. However, if either
2102	the child or the parent, guardian, or custodian denies any of
2103	the allegations of the petition, the court shall hold an
2104	adjudicatory hearing within 7 days after the date of the
2105	arraignment hearing.
2106	(b)  When a child is in the custody of the parent,
2107	guardian, or custodian, upon the filing of a petition, the clerk
2108	shall set a date for an arraignment hearing within a reasonable
2109	time from the date of the filing of the petition. If the child
2110	and the parent, guardian, or custodian admit or consent to an
2111	adjudication, the court shall proceed as set forth in the
2112	Florida Rules of Juvenile Procedure. However, if either the
2113	child or the parent, guardian, or custodian denies any of the
2114	allegations of child in need of services, the court shall hold
2115	an adjudicatory hearing within a reasonable time from the date
2116	of the arraignment hearing.
2117	(2)  ADJUDICATORY HEARING.--
2118	(a)  The adjudicatory hearing shall be held as soon as
2119	practicable after the petition for a child in need of services
2120	is filed and in accordance with the Florida Rules of Juvenile
2121	Procedure, but reasonable delay for the purpose of
2122	investigation, discovery, or procuring counsel or witnesses
2123	shall, whenever practicable, be granted. If the child is in
2124	custody, the adjudicatory hearing shall be held within 14 days
2125	after the date the child was taken into custody.
2126	(b)  Adjudicatory hearings shall be conducted by the judge
2127	without a jury, applying the rules of evidence in use in civil
2128	cases and adjourning the hearings from time to time as
2129	necessary. In a hearing on a petition in which it is alleged
2130	that the child is a child in need of services, a preponderance
2131	of evidence shall be required to establish that the child is in
2132	need of services.
2133	Section 88.  Paragraph (e) of subsection (4) and paragraph
2134	(d) of subsection (6) of section 985.19, Florida Statutes, are
2135	amended to read:
2136	985.19  Incompetency in juvenile delinquency cases.--
2137	(4)  A child who is determined to have mental illness,
2138	mental retardation, or autism, who has been adjudicated
2139	incompetent to proceed, and who meets the criteria set forth in
2140	subsection (3), must be committed to the Department of Children
2141	and Family Services and receive treatment or training in a
2142	secure facility or program that is the least restrictive
2143	alternative consistent with public safety. Any placement of a
2144	child to a secure residential program must be separate from
2145	adult forensic programs. If the child attains competency, then
2146	custody, case management, and supervision of the child will be
2147	transferred to the department in order to continue delinquency
2148	proceedings; however, the court retains authority to order the
2149	Department of Children and Family Services to provide continued
2150	treatment or training to maintain competency.
2151	(e)  The service provider must file a written report with
2152	the court pursuant to the applicable Florida Rules of Juvenile
2153	Procedure not later than 6 months after the date of commitment,
2154	or at the end of any period of extended treatment or training,
2155	and at any time the Department of Children and Family Services,
2156	through its service provider determines the child has attained
2157	competency or no longer meets the criteria for secure placement,
2158	or at such shorter intervals as ordered by the court. A copy of
2159	a written report evaluating the child's competency must be filed
2160	by the provider with the court and with the state attorney, the
2161	child's attorney, the department, and the Department of Children
2162	and Family Services.
2163	(6)
2164	(d)  The service provider must file a written report with
2165	the court pursuant to the applicable Florida Rules of Juvenile
2166	Procedure, not later than 6 months after the date of commitment,
2167	at the end of any period of extended treatment or training, and
2168	at any time the service provider determines the child has
2169	attained competency or will never attain competency, or at such
2170	shorter intervals as ordered by the court. A copy of a written
2171	report evaluating the child's competency must be filed by the
2172	provider with the court, the state attorney, the child's
2173	attorney, the Department of Children and Family Services, and
2174	the department.
2175	Section 89.  Paragraph (g) of subsection (1) of section
2176	985.255, Florida Statutes, is amended to read:
2177	985.255  Detention criteria; detention hearing.--
2178	(1)  Subject to s. 985.25(1), a child taken into custody
2179	and placed into nonsecure or home detention care or detained in
2180	secure detention care prior to a detention hearing may continue
2181	to be detained by the court if:
2182	(g)  The child is charged with any second degree or third
2183	degree felony involving a violation of chapter 893 or any third
2184	degree felony that is not also a crime of violence, and the
2185	child:
2186	1.  Has a record of failure to appear at court hearings
2187	after being properly notified in accordance with the Rules of
2188	Juvenile Procedure;
2189	2.  Has a record of law violations prior to court hearings;
2190	3.  Has already been detained or has been released and is
2191	awaiting final disposition of the case;
2192	4.  Has a record of violent conduct resulting in physical
2193	injury to others; or
2194	5.  Is found to have been in possession of a firearm.
2195	Section 90.  Subsection (6) of section 985.26, Florida
2196	Statutes, is amended to read:
2197	985.26  Length of detention.--
2198	(6)  If a child is detained and a petition for delinquency
2199	is filed, the child shall be arraigned in accordance with the
2200	Florida Rules of Juvenile Procedure within 48 hours after the
2201	filing of the petition for delinquency.
2202	Section 91.  Subsection (1) of section 985.35, Florida
2203	Statutes, is amended to read:
2204	985.35  Adjudicatory hearings; withheld adjudications;
2205	orders of adjudication.--
2206	(1)  The adjudicatory hearing must be held as soon as
2207	practicable after the petition alleging that a child has
2208	committed a delinquent act or violation of law is filed and in
2209	accordance with the Florida Rules of Juvenile Procedure; but
2210	reasonable delay for the purpose of investigation, discovery, or
2211	procuring counsel or witnesses shall be granted. If the child is
2212	being detained, the time limitations in s. 985.26(2) and (3)
2213	apply.
2214	Section 92.  Paragraph (b) of subsection (1) of section
2215	985.534, Florida Statutes, is amended to read:
2216	985.534  Appeal.--
2217	(1)  An appeal from an order of the court affecting a party
2218	to a case involving a child under this chapter may be taken to
2219	the appropriate district court of appeal within the time and in
2220	the manner prescribed by s. 924.051 and the Florida Rules of
2221	Appellate Procedure by:
2222	(b)  The state, which may appeal from:
2223	1.  An order dismissing a petition or any section thereof;
2224	2.  An order granting a new adjudicatory hearing;
2225	3.  An order arresting judgment;
2226	4.  A ruling on a question of law when the child is
2227	adjudicated delinquent and appeals from the judgment;
2228	5.  The disposition, on the ground that it is illegal;
2229	6.  A judgment discharging a child on habeas corpus;
2230	7.  An order adjudicating a child insane under the Florida
2231	Rules of Juvenile Procedure; and
2232	8.  All other preadjudicatory hearings, except that the
2233	state may not take more than one appeal under this subsection in
2234	any case.
2235
2236	In the case of an appeal by the state, the notice of appeal
2237	shall be filed by the appropriate state attorney or his or her
2238	authorized assistant under s. 27.18. Such an appeal shall embody
2239	all assignments of error in each preadjudicatory hearing order
2240	that the state seeks to have reviewed. The state shall pay all
2241	costs of the appeal except for the child's attorney's fee.
2242	Section 93.  This act shall take effect July 1, 2008.

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