Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. CS for SB 1166
Barcode 342522
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/20/2012 .
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The Committee on Judiciary (Simmons) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (2) of section
6 27.52, Florida Statutes, is amended to read:
7 27.52 Determination of indigent status.—
8 (2) DETERMINATION BY THE CLERK.—The clerk of the court
9 shall determine whether an applicant seeking appointment of a
10 public defender is indigent based upon the information provided
11 in the application and the criteria prescribed in this
12 subsection.
13 (a)1. An applicant, including an applicant who is a minor
14 or an adult tax-dependent person, is indigent if the applicant’s
15 income is equal to or below 200 percent of the then-current
16 federal poverty guidelines prescribed for the size of the
17 household of the applicant by the United States Department of
18 Health and Human Services or if the person is receiving
19 Temporary Assistance for Needy Families-Cash Assistance,
20 poverty-related veterans’ benefits, or Supplemental Security
21 Income (SSI).
22 2.a. There is a presumption that the applicant is not
23 indigent if the applicant owns, or has equity in, any intangible
24 or tangible personal property or real property or the expectancy
25 of an interest in any such property having a net equity value of
26 $2,500 or more, excluding the value of the person’s homestead
27 and one vehicle having a net value not exceeding $5,000.
28 b. Notwithstanding the information that the applicant
29 provides, the clerk may shall conduct a review of the property
30 records for the county in which the applicant resides and the
31 motor vehicle title records of the state to identify any
32 property interests of the applicant under this subparagraph. The
33 clerk may shall evaluate and consider the results of the review
34 in making a determination under this subsection. If the review
35 is completed by the clerk, the clerk shall maintain the results
36 of the review in a file with the application and provide the
37 file to the court if the applicant seeks review under subsection
38 (4) of the clerk’s determination of indigent status.
39 Section 2. Paragraph (e) of subsection (12) of section
40 28.24, Florida Statutes, is amended to read:
41 28.24 Service charges by clerk of the circuit court.—The
42 clerk of the circuit court shall charge for services rendered by
43 the clerk’s office in recording documents and instruments and in
44 performing the duties enumerated in amounts not to exceed those
45 specified in this section. Notwithstanding any other provision
46 of this section, the clerk of the circuit court shall provide
47 without charge to the state attorney, public defender, guardian
48 ad litem, public guardian, attorney ad litem, criminal conflict
49 and civil regional counsel, and private court-appointed counsel
50 paid by the state, and to the authorized staff acting on behalf
51 of each, access to and a copy of any public record, if the
52 requesting party is entitled by law to view the exempt or
53 confidential record, as maintained by and in the custody of the
54 clerk of the circuit court as provided in general law and the
55 Florida Rules of Judicial Administration. The clerk of the
56 circuit court may provide the requested public record in an
57 electronic format in lieu of a paper format when capable of
58 being accessed by the requesting entity.
59
60 Charges
61
62 (12) For recording, indexing, and filing any instrument not
63 more than 14 inches by 8 1/2 inches, including required notice
64 to property appraiser where applicable:
65 (e) An additional service charge of $4 per page shall be
66 paid to the clerk of the circuit court for each instrument
67 listed in s. 28.222, except judgments received from the courts
68 and notices of lis pendens, recorded in the official records.
69 From the additional $4 service charge collected:
70 1. If the counties maintain legal responsibility for the
71 costs of the court-related technology needs as defined in s.
72 29.008(1)(f)2. and (h), 10 cents shall be distributed to the
73 Florida Association of Court Clerks and Comptroller, Inc., for
74 the cost of development, implementation, operation, and
75 maintenance of the clerks’ Comprehensive Case Information
76 System, in which system all clerks shall participate on or
77 before January 1, 2006; $1.90 shall be retained by the clerk to
78 be deposited in the Public Records Modernization Trust Fund and
79 used exclusively for funding court-related technology needs of
80 the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
81 be distributed to the board of county commissioners to be used
82 exclusively to fund court-related technology, and court
83 technology needs as defined in s. 29.008(1)(f)2. and (h) for the
84 state trial courts, state attorney, public defender, and
85 criminal conflict and civil regional counsel in that county. If
86 the counties maintain legal responsibility for the costs of the
87 court-related technology needs as defined in s. 29.008(1)(f)2.
88 and (h), notwithstanding any other provision of law, the county
89 is not required to provide additional funding beyond that
90 provided herein for the court-related technology needs of the
91 clerk as defined in s. 29.008(1)(f)2. and (h). All court records
92 and official records are the property of the State of Florida,
93 including any records generated as part of the Comprehensive
94 Case Information System funded pursuant to this paragraph and
95 the clerk of court is designated as the custodian of such
96 records, except in a county where the duty of maintaining
97 official records exists in a county office other than the clerk
98 of court or comptroller, such county office is designated the
99 custodian of all official records, and the clerk of court is
100 designated the custodian of all court records. The clerk of
101 court or any entity acting on behalf of the clerk of court,
102 including an association, shall not charge a fee to any agency
103 as defined in s. 119.011, the Legislature, or the State Court
104 System for copies of records generated by the Comprehensive Case
105 Information System or held by the clerk of court or any entity
106 acting on behalf of the clerk of court, including an
107 association.
108 2. If the state becomes legally responsible for the costs
109 of court-related technology needs as defined in s.
110 29.008(1)(f)2. and (h), whether by operation of general law or
111 by court order, $4 shall be remitted to the Department of
112 Revenue for deposit into the General Revenue Fund.
113 Section 3. Section 28.2405, Florida Statutes, is created to
114 read:
115 28.2405 Comprehensive Case Information System.—All clerks
116 of the circuit court shall participate in the Comprehensive Case
117 Information System of the Florida Association of Clerks and
118 Comptroller, Inc., and shall submit electronic case data to the
119 system based on the case types designated by the Supreme Court.
120 Section 4. Subsection (1) of section 28.241, Florida
121 Statutes, is amended to read:
122 28.241 Filing fees for trial and appellate proceedings.—
123 (1) Filing fees are due at the time a party files a
124 pleading to initiate a proceeding or files a pleading for
125 relief. Reopen fees are due at the time a party files a pleading
126 to reopen a proceeding if at least 90 days have elapsed since
127 the filing of a final order or final judgment with the clerk. If
128 a fee is not paid upon the filing of the pleading as required
129 under this section, the clerk shall pursue collection of the fee
130 pursuant to s. 28.246.
131 (a)1.a. Except as provided in sub-subparagraph b. and
132 subparagraph 2., the party instituting any civil action, suit,
133 or proceeding in the circuit court shall pay to the clerk of
134 that court a filing fee of up to $395 in all cases in which
135 there are not more than five defendants and an additional filing
136 fee of up to $2.50 for each defendant in excess of five. Of the
137 first $280 in filing fees, $80 must be remitted by the clerk to
138 the Department of Revenue for deposit into the General Revenue
139 Fund, $195 must be remitted to the Department of Revenue for
140 deposit into the State Courts Revenue Trust Fund, $3.50 must be
141 remitted to the Department of Revenue for deposit into the
142 Clerks of the Court Trust Fund within the Justice Administrative
143 Commission and used to fund the Florida Clerks of Court
144 Operations Corporation created in s. 28.35, and $1.50 shall be
145 remitted to the Department of Revenue for deposit into the
146 Administrative Trust Fund within the Department of Financial
147 Services to fund clerk budget reviews conducted by the
148 Department of Financial Services. One third of any filing fees
149 collected by the clerk of the circuit court in excess of $100
150 shall be remitted to the Department of Revenue for deposit into
151 the Clerks of the Court Trust Fund within the Justice
152 Administrative Commission.
153 b. The party instituting any civil action, suit, or
154 proceeding in the circuit court under chapter 39, chapter 61,
155 chapter 741, chapter 742, chapter 747, chapter 752, or chapter
156 753 shall pay to the clerk of that court a filing fee of up to
157 $295 in all cases in which there are not more than five
158 defendants and an additional filing fee of up to $2.50 for each
159 defendant in excess of five. Of the first $180 in filing fees,
160 $80 must be remitted by the clerk to the Department of Revenue
161 for deposit into the General Revenue Fund, $95 must be remitted
162 to the Department of Revenue for deposit into the State Courts
163 Revenue Trust Fund, $3.50 must be remitted to the Department of
164 Revenue for deposit into the Clerks of the Court Trust Fund
165 within the Justice Administrative Commission and used to fund
166 the Florida Clerks of Court Operations Corporation created in s.
167 28.35, and $1.50 shall be remitted to the Department of Revenue
168 for deposit into the Administrative Trust Fund within the
169 Department of Financial Services to fund clerk budget reviews
170 conducted by the Department of Financial Services.
171 c. An additional filing fee of $4 shall be paid to the
172 clerk. The clerk shall remit $3.50 to the Department of Revenue
173 for deposit into the Court Education Trust Fund and shall remit
174 50 cents to the Department of Revenue for deposit into the
175 Clerks of the Court Trust Fund within the Justice Administrative
176 Commission to fund clerk education. An additional filing fee of
177 up to $18 shall be paid by the party seeking each severance that
178 is granted. The clerk may impose an additional filing fee of up
179 to $85 for all proceedings of garnishment, attachment, replevin,
180 and distress. Postal charges incurred by the clerk of the
181 circuit court in making service by certified or registered mail
182 on defendants or other parties shall be paid by the party at
183 whose instance service is made. No Additional fees, charges, or
184 costs may not shall be added to the filing fees imposed under
185 this section, except as authorized in this section or by general
186 law.
187 2.a. Notwithstanding the fees prescribed in subparagraph
188 1., a party instituting a civil action in circuit court relating
189 to real property or mortgage foreclosure shall pay a graduated
190 filing fee based on the value of the claim.
191 b. A party shall estimate in writing the amount in
192 controversy of the claim upon filing the action. For purposes of
193 this subparagraph, the value of a mortgage foreclosure action is
194 based upon the principal due on the note secured by the
195 mortgage, plus interest owed on the note and any moneys advanced
196 by the lender for property taxes, insurance, and other advances
197 secured by the mortgage, at the time of filing the foreclosure.
198 The value shall also include the value of any tax certificates
199 related to the property. In stating the value of a mortgage
200 foreclosure claim, a party shall declare in writing the total
201 value of the claim, as well as the individual elements of the
202 value as prescribed in this sub-subparagraph.
203 c. In its order providing for the final disposition of the
204 matter, the court shall identify the actual value of the claim.
205 The clerk shall adjust the filing fee if there is a difference
206 between the estimated amount in controversy and the actual value
207 of the claim and collect any additional filing fee owed or
208 provide a refund of excess filing fee paid.
209 d. The party shall pay a filing fee of:
210 (I) Three hundred and ninety-five dollars in all cases in
211 which the value of the claim is $50,000 or less and in which
212 there are not more than five defendants. The party shall pay an
213 additional filing fee of up to $2.50 for each defendant in
214 excess of five. Of the first $280 in filing fees, $80 must be
215 remitted by the clerk to the Department of Revenue for deposit
216 into the General Revenue Fund, $195 must be remitted to the
217 Department of Revenue for deposit into the State Courts Revenue
218 Trust Fund, $3.50 must be remitted to the Department of Revenue
219 for deposit into the Clerks of the Court Trust Fund within the
220 Justice Administrative Commission and used to fund the Florida
221 Clerks of Court Operations Corporation created in s. 28.35, and
222 $1.50 shall be remitted to the Department of Revenue for deposit
223 into the Administrative Trust Fund within the Department of
224 Financial Services to fund clerk budget reviews conducted by the
225 Department of Financial Services;
226 (II) Nine hundred dollars in all cases in which the value
227 of the claim is more than $50,000 but less than $250,000 and in
228 which there are not more than five defendants. The party shall
229 pay an additional filing fee of up to $2.50 for each defendant
230 in excess of five. Of the first $785 in filing fees, $80 must be
231 remitted by the clerk to the Department of Revenue for deposit
232 into the General Revenue Fund, $700 must be remitted to the
233 Department of Revenue for deposit into the State Courts Revenue
234 Trust Fund, $3.50 must be remitted to the Department of Revenue
235 for deposit into the Clerks of the Court Trust Fund within the
236 Justice Administrative Commission and used to fund the Florida
237 Clerks of Court Operations Corporation described in s. 28.35,
238 and $1.50 shall be remitted to the Department of Revenue for
239 deposit into the Administrative Trust Fund within the Department
240 of Financial Services to fund clerk budget reviews conducted by
241 the Department of Financial Services; or
242 (III) One thousand nine hundred dollars in all cases in
243 which the value of the claim is $250,000 or more and in which
244 there are not more than five defendants. The party shall pay an
245 additional filing fee of up to $2.50 for each defendant in
246 excess of five. Of the first $1,785 in filing fees, $80 must be
247 remitted by the clerk to the Department of Revenue for deposit
248 into the General Revenue Fund, $1,700 must be remitted to the
249 Department of Revenue for deposit into the State Courts Revenue
250 Trust Fund, $3.50 must be remitted to the Department of Revenue
251 for deposit into the Clerks of the Court Trust Fund within the
252 Justice Administrative Commission to fund the Florida Clerks of
253 Court Operations Corporation created in s. 28.35, and $1.50
254 shall be remitted to the Department of Revenue for deposit into
255 the Administrative Trust Fund within the Department of Financial
256 Services to fund clerk budget reviews conducted by the
257 Department of Financial Services.
258 e. An additional filing fee of $4 shall be paid to the
259 clerk. The clerk shall remit $3.50 to the Department of Revenue
260 for deposit into the Court Education Trust Fund and shall remit
261 50 cents to the Department of Revenue for deposit into the
262 Clerks of the Court Trust Fund within the Justice Administrative
263 Commission to fund clerk education. An additional filing fee of
264 up to $18 shall be paid by the party seeking each severance that
265 is granted. The clerk may impose an additional filing fee of up
266 to $85 for all proceedings of garnishment, attachment, replevin,
267 and distress. Postal charges incurred by the clerk of the
268 circuit court in making service by certified or registered mail
269 on defendants or other parties shall be paid by the party at
270 whose instance service is made. No Additional fees, charges, or
271 costs may not shall be added to the filing fees imposed under
272 this section, except as authorized in this section or by general
273 law.
274 (b) A party reopening any civil action, suit, or proceeding
275 in the circuit court shall pay to the clerk of court a filing
276 fee set by the clerk in an amount not to exceed $50. For
277 purposes of this section, a case is reopened after all appeals
278 have been exhausted or time to file an appeal from a final order
279 or final judgment has expired. A reopen fee may be assessed by
280 the clerk for any motion filed by any party at least 90 days
281 after a final order or final judgment has been filed with the
282 clerk in the initial case. A reservation of jurisdiction by a
283 court does not cause a case to remain open for purposes of this
284 section or exempt a party from paying a reopen fee when a case
285 previously reported as disposed of is resubmitted to a court and
286 includes petitions for modification of a final judgment of
287 dissolution. A party is exempt from paying the fee for any of
288 the following:
289 1. A writ of garnishment;
290 2. A writ of replevin;
291 3. A distress writ;
292 4. A writ of attachment;
293 5. A motion for rehearing filed within 10 days;
294 6. A motion for attorney’s fees filed within 30 days after
295 entry of a judgment or final order;
296 7. A motion for dismissal filed after a mediation agreement
297 has been filed;
298 8. A disposition of personal property without
299 administration;
300 9. Any probate case prior to the discharge of a personal
301 representative;
302 10. Any guardianship pleading prior to discharge;
303 11. Any mental health pleading;
304 12. Motions to withdraw by attorneys;
305 13. Motions exclusively for the enforcement of child
306 support orders;
307 14. A petition for credit of child support;
308 15. A Notice of Intent to Relocate and any order issuing as
309 a result of an uncontested relocation;
310 16. Stipulations and motions to enforce stipulations;
311 17. Responsive pleadings; or
312 18. Cases in which there is no initial filing fee; or
313 19. Motions for contempt.
314 (c)1. A party in addition to a party described in sub
315 subparagraph (a)1.a. who files a pleading in an original civil
316 action in circuit court for affirmative relief by cross-claim,
317 counterclaim, counterpetition, or third-party complaint shall
318 pay the clerk of court a fee of $395. A party in addition to a
319 party described in sub-subparagraph (a)1.b. who files a pleading
320 in an original civil action in circuit court for affirmative
321 relief by cross-claim, counterclaim, counterpetition, or third
322 party complaint shall pay the clerk of court a fee of $295. The
323 clerk shall remit the fee to the Department of Revenue for
324 deposit into the General Revenue Fund.
325 2. A party in addition to a party described in subparagraph
326 (a)2. who files a pleading in an original civil action in
327 circuit court for affirmative relief by cross-claim,
328 counterclaim, counterpetition, or third-party complaint shall
329 pay the clerk of court a graduated fee of:
330 a. Three hundred and ninety-five dollars in all cases in
331 which the value of the pleading is $50,000 or less;
332 b. Nine hundred dollars in all cases in which the value of
333 the pleading is more than $50,000 but less than $250,000; or
334 c. One thousand nine hundred dollars in all cases in which
335 the value of the pleading is $250,000 or more.
336
337 The clerk shall remit the fees collected under this subparagraph
338 to the Department of Revenue for deposit into the General
339 Revenue Fund, except that the clerk shall remit $100 of the fee
340 collected under sub-subparagraph a., $605 of the fee collected
341 under sub-subparagraph b., and $1,605 of the fee collected under
342 sub-subparagraph c. to the Department of Revenue for deposit
343 into the State Courts Revenue Trust Fund.
344 (d) The clerk of court shall collect a service charge of
345 $10 for issuing an original, a certified copy, or an electronic
346 certified copy of a summons. The clerk shall assess the fee
347 against the party seeking to have the summons issued.
348 Section 5. Subsection (2) of section 28.37, Florida
349 Statutes, is amended to read:
350 28.37 Fines, fees, service charges, and costs remitted to
351 the state.—
352 (2) Except as otherwise provided in ss. 28.241 and 34.041,
353 all court-related fines, fees, service charges, and costs are
354 considered state funds and shall be remitted by the clerk to the
355 Department of Revenue for deposit into the Clerks of the Court
356 Trust Fund within the Justice Administrative Commission.
357 However, 10 percent of all court-related fines collected by the
358 clerk, except for penalties or fines distributed to counties or
359 municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
360 shall be deposited into the clerk’s Public Records Modernization
361 Trust Fund to be used exclusively for additional clerk court
362 related operational needs and program enhancements.
363 Section 6. Paragraphs (a) and (d) of subsection (1) and
364 subsection (2) of section 34.041, Florida Statutes, are amended
365 to read:
366 34.041 Filing fees.—
367 (1)(a) Filing fees are due at the time a party files a
368 pleading to initiate a proceeding or files a pleading for
369 relief. Reopen fees are due at the time a party files a pleading
370 to reopen a proceeding if at least 90 days have elapsed since
371 the filing of a final order or final judgment with the clerk. If
372 a fee is not paid upon the filing of the pleading as required
373 under this section, the clerk shall pursue collection of the fee
374 pursuant to s. 28.246. Upon the institution of any civil action,
375 suit, or proceeding in county court, the party shall pay the
376 following filing fee, not to exceed:
377 1. For all claims less than $100 $50.
378 2. For all claims of $100 or more but not more than $500
379 $75.
380 3. For all claims of more than $500 but not more than
381 $2,500 $170.
382 4. For all claims of more than $2,500 $295.
383 5. In addition, for all proceedings of garnishment,
384 attachment, replevin, and distress $85.
385 6. Notwithstanding subparagraphs 3. and 5., for all claims
386 of not more than $1,000 filed simultaneously with an action for
387 replevin of property that is the subject of the claim $125.
388 7. For removal of tenant action $180.
389
390 The filing fee in subparagraph 6. is the total fee due under
391 this paragraph for that type of filing, and no other filing fee
392 under this paragraph may be assessed against such a filing.
393 (d) The clerk of court shall collect a service charge of
394 $10 for issuing a summons or an electronic certified copy of a
395 summons. The clerk shall assess the fee against the party
396 seeking to have the summons issued.
397 (2) A party reopening any civil action, suit, or proceeding
398 in the county court shall pay to the clerk of court a filing fee
399 set by the clerk in an amount not to exceed $25 for all claims
400 of not more than $500 and an amount not to exceed $50 for all
401 claims of more than $500. For purposes of this section, a case
402 is reopened after all appeals have been exhausted, or time to
403 file an appeal from a final order or final judgment has expired.
404 A reopen fee may be assessed by the clerk for any motion filed
405 by any party at least 90 days after a final order or final
406 judgment has been filed with the clerk in the initial case. A
407 reservation of jurisdiction by a court does not cause a case to
408 remain open for purposes of this section or exempt a party from
409 paying a reopen fee when a case previously reported as disposed
410 of is resubmitted to a court. A party is exempt from paying the
411 fee for any of the following:
412 (a) A writ of garnishment;
413 (b) A writ of replevin;
414 (c) A distress writ;
415 (d) A writ of attachment;
416 (e) A motion for rehearing filed within 10 days;
417 (f) A motion for attorney’s fees filed within 30 days of
418 the entry of the judgment or final order;
419 (g) A motion for dismissal filed after a mediation
420 agreement has been filed;
421 (h) A motion to withdraw by attorneys;
422 (i) Stipulations and motions to enforce stipulations; or
423 (j) Responsive pleadings; or
424 (k) Motions for contempt.
425 Section 7. Section 40.011, Florida Statutes, is amended to
426 read:
427 40.011 Jury lists.—
428 (1) A clerk of the court shall generate a set of juror
429 candidate lists derived from the source lists described in s.
430 40.01. The source name lists and the juror candidate lists shall
431 be maintained as specified in this chapter and in accordance
432 with the juror selection plan approved in s. 40.225.
433 (2)(1) Pursuant to s. 40.01, the Department of Highway
434 Safety and Motor Vehicles shall deliver quarterly to the clerk
435 of the circuit court in each county a list of names of persons
436 who reside in that county, who are citizens of the United
437 States, who are legal residents of Florida, who are 18 years of
438 age or older, and for whom the department has a driver’s license
439 or identification card record.
440 (3) The clerk of the circuit court shall add to the list of
441 licensed drivers and identification cardholders the name of any
442 person who is 18 years of age or older and who is a citizen of
443 the United States and a legal resident of this state Florida and
444 who indicates a desire to serve as a juror, but whose name does
445 not appear on the department list, by requiring such person to
446 execute an affidavit at the office of the clerk.
447 (4)(2) The affidavit executed pursuant to subsection (3)
448 (1) must be in substantially the following form:
449
450 State of Florida
451
452 I, ...., do solemnly swear (or affirm) that I am .... years of
453 age; that I am a citizen of the United States and a legal
454 resident of Florida and .... County; that I personally make
455 application for jury duty; that I am eligible to serve as a
456 juror under the Constitution and laws of Florida; and that I
457 reside at ......(Address)......
458
459 ......(Signature)......
460
461 Sworn to and subscribed before me this .... day of ....,
462 ...(year)..., at .... County, Florida.
463
464 ........................
465 (Signature and title of officer
466 administering oath)
467 (5) Using the source name lists described subsections (2)
468 and (3), a clerk of court may generate juror candidate lists as
469 necessary to ensure a valid and consistent juror selection
470 process.
471 (a) The initial juror candidate list is derived from the
472 name sources and shall be the master list from which prospective
473 jurors are drawn for summons.
474 (b) The final juror candidate list shall contain a list of
475 those persons, drawn from the initial candidate list as
476 prescribed in this chapter, who are to be summoned as a pool for
477 possible juror service.
478 Section 8. Section 40.02, Florida Statutes, is amended to
479 read:
480 40.02 Selection of jury lists.—
481 (1) The chief judge of each circuit, or a circuit judge in
482 each county within the circuit who is designated by the chief
483 judge, shall request the selection of a jury list in each county
484 within the circuit during the first week of January of each
485 year, or as soon thereafter as practicable. The chief judge or
486 the chief judge’s designee shall direct the clerk of the court
487 to select, by lot and at random, a sufficient number of names,
488 with their addresses, from the initial juror candidate list of
489 persons who are qualified to serve as jurors under the
490 provisions of s. 40.01 and to generate a final juror candidate
491 list of not fewer than 250 persons to serve as jurors as
492 provided for in s. 40.221. The final juror candidate, which list
493 must shall be signed and verified by the clerk of the court as
494 having been selected as aforesaid. The final juror candidate
495 list may be created, updated, or supplemented as often as
496 necessary to prevent the selection list from becoming exhausted,
497 but in no case less than annually during the first week of
498 January of each year, or as soon thereafter as practicable. A
499 circuit judge in a county to which he or she has been assigned
500 may also request that the final juror candidate list be updated
501 or supplemented, or that a new list be created additional jury
502 lists as necessary to prevent the jury list from becoming
503 exhausted.
504 (2) When the final juror candidate annual jury list is
505 prepared pursuant to the request of a chief judge or the chief
506 judge’s designee, the previously prepared final juror candidate
507 lists prepared the previous year shall be withdrawn from further
508 use. If, notwithstanding this provision, some names are not
509 withdrawn, such error or irregularity shall not invalidate any
510 subsequent proceeding or jury. The fact that any person so
511 selected had been on a former jury list or had served as a juror
512 in any court at any time shall not be grounds for challenge of
513 such person as a juror. If any person so selected shall be
514 ascertained to be disqualified or incompetent to serve as a
515 juror, such disqualification shall not affect the legality of
516 such list or be cause of challenge to the array of any jury
517 chosen from such list, but any person ascertained to be
518 disqualified to serve as a juror shall be subject to challenge
519 for cause, as defined by law. The set of juror candidate lists,
520 although they may be defective or irregular in form or other
521 formal requirement, or in the number or qualification of the
522 persons so named, shall be the lists from which the names of
523 persons for jury service are to be drawn as prescribed by law.
524 (3)(2) The clerk of the court shall be responsible for
525 preserving the security of the source and juror candidate jury
526 lists.
527 (4)(3) The clerk of the court shall perform the duties set
528 forth in this section and in ss. 40.221, 40.23, and 40.231 in
529 counties having an approved, computerized jury selection system,
530 the provisions of any special law or general law of local
531 application to the contrary notwithstanding. However, the chief
532 judge may designate the court administrator to perform these
533 duties if the county provides funding to the court administrator
534 to provide the personnel and other costs associated with jury
535 services.
536 Section 9. Subsection (1) of section 40.022, Florida
537 Statutes, is amended to read:
538 40.022 Clerk to purge jury selection lists; restoration.—
539 (1) To ensure that the juror candidates summoned satisfy
540 the requirements of ss. 40.01 and 40.013, each clerk of the
541 circuit court shall, upon receipt of the list of persons in the
542 department database from the Department of Highway Safety and
543 Motor Vehicles and at least once each month thereafter, purge
544 the final juror candidate jury selection lists of, at a minimum,
545 the names of those persons:
546 (a) Adjudicated mentally incompetent;
547 (b) Convicted of a felony; or
548 (c) Deceased.
549 Section 10. Section 40.221, Florida Statutes, is amended to
550 read:
551 40.221 Drawing jury venire.—A clerk of the court, under
552 supervision of a judge of any court of record, shall, in a
553 manner deemed to produce a result by lot and at random, randomly
554 select from the final juror candidate jury list such number of
555 persons as he or she deems necessary or expedient for a jury
556 venire, to be returnable at such time as the judge shall
557 specify, from which such venire or venires any jury may be
558 organized, including a grand jury when drawn by or upon order of
559 a judge of the circuit court. The clerk of the court shall keep
560 the list in a secure place.
561 Section 11. Section 40.225, Florida Statutes, is amended to
562 read:
563 40.225 Jury selection plan Drawing jury venire; alternative
564 method.—
565 (1) Pursuant to s. 40.001, the chief judge of each circuit
566 shall review and consent to the process for selecting juror
567 candidates within his or her circuit. The clerk of court shall
568 implement an automated electronic system in which Whenever a
569 majority of the judges authorized to conduct jury trials in a
570 county consents, the names of prospective jurors and other data
571 pertinent thereto shall be maintained for the purpose of the
572 drawing of juror candidates. This system shall be used as the
573 exclusive method may be fed into a mechanical, electronic, or
574 electrical device and drawn therefrom as an alternative to other
575 methods authorized by law for obtaining jury venires, if such
576 drawing is by lot and at random and is approved by the Supreme
577 Court as hereinafter provided. Subject to the provisions of ss.
578 40.001 and 40.02, the clerk of the circuit court in each county
579 shall have the administrative responsibility for developing the
580 automated system of jury venire selection, obtaining approval
581 for the juror candidate selection process, and operating and
582 updating the system in accordance with this chapter and
583 technical standards and procedures adopted by the Chief Justice.
584 (2) The clerk of the court, or the chief judge of the
585 circuit if performing the duties of juror candidate selection as
586 provided in s. 40.02, shall submit for approval a plan for the
587 selection of juror candidates as required in this section to the
588 Chief Justice. The plan must be reapproved whenever required by
589 a change in the law, a change in the technical standards and
590 procedures, or a change in the approved clerk-maintained
591 hardware or software used in the automated system of jury venire
592 selection. The proposed plan, if submitted by the clerk, must be
593 approved by the chief judge of the judicial circuit in which the
594 county is located, and must include a description of the
595 equipment, methods, and mode of operation to be used, in a
596 manner consistent with the technical standards and procedures
597 established by the Chief Justice. When a majority of the trial
598 judges authorizes the alternative method of drawing a jury
599 venire as provided in subsection (1), the chief judge of the
600 judicial circuit in which the county is located shall make a
601 certificate to that effect and transmit the same to the Chief
602 Justice of the Supreme Court, together with a description of the
603 equipment, methods, and mode of operation to be used.
604 (3) The Chief Justice shall examine the proposed plan for
605 compliance with applicable statutory requirements and with
606 established technical standards and procedures cause the
607 certificate and data accompanying it to be presented to the
608 justices of the Supreme Court. If the Chief Justice court finds
609 that the proposed plan method will produce venires selected by
610 lot and at random, is in compliance with applicable statutory
611 requirements and established technical standards and procedures,
612 will produce venires selected by lot and at random all
613 constitutional requirements of jury selection, and is otherwise
614 feasible and practicable, an administrative order of approval of
615 same shall be made and filed. Thereafter, the alternative method
616 so approved system for automated selection of jury venires shall
617 may be used in the county so authorized.
618 (4) The chief judge of the judicial circuit in which the
619 county is located shall supervise the use of such alternative
620 method whenever approval of same has been made by order of the
621 Supreme Court.
622 (4)(5) This section does not require Nothing herein shall
623 be construed as requiring uniform equipment or methods
624 throughout the state.
625 Section 12. Subsection (1) of section 57.081, Florida
626 Statutes, is amended to read:
627 57.081 Costs; right to proceed where prepayment of costs
628 and payment of filing fees waived.—
629 (1) Any indigent person, except a prisoner as defined in s.
630 57.085, who is a party or intervenor in any judicial or
631 administrative agency proceeding or who initiates such
632 proceeding shall receive the services of the courts, sheriffs,
633 and clerks, with respect to such proceedings, despite his or her
634 present inability to pay for these services. Such services are
635 limited to filing fees; service of process; certified copies of
636 orders or final judgments; a single photocopy of any court
637 pleading, record, or instrument filed with the clerk; examining
638 fees; mediation services and fees; private court-appointed
639 counsel fees; subpoena fees and services; service charges for
640 collecting and disbursing funds; and any other cost or service
641 arising out of pending litigation. In any appeal from an
642 administrative agency decision, for which the clerk is
643 responsible for preparing the transcript, the clerk shall record
644 the cost of preparing the transcripts and the cost for copies of
645 any exhibits in the record. A party who has obtained a
646 certification of indigence pursuant to s. 27.52 or s. 57.082
647 with respect to a proceeding is not required to prepay costs to
648 a court, clerk, or sheriff and is not required to pay filing
649 fees or charges for issuance of a summons Prepayment of costs to
650 any court, clerk, or sheriff is not required and payment of
651 filing fees is not required in any action if the party has
652 obtained in each proceeding a certification of indigence in
653 accordance with s. 27.52 or s. 57.082.
654 Section 13. Subsection (11) is added to section 95.11,
655 Florida Statutes, to read:
656 95.11 Limitations other than for the recovery of real
657 property.—Actions other than for recovery of real property shall
658 be commenced as follows:
659 (11) COURT COSTS AND FINES.—Notwithstanding subsection (1),
660 an action to collect court costs, fees, or fines owed to the
661 state may be commenced at any time.
662 Section 14. Paragraph (a) of subsection (4) of section
663 112.3173, Florida Statutes, is amended to read:
664 112.3173 Felonies involving breach of public trust and
665 other specified offenses by public officers and employees;
666 forfeiture of retirement benefits.—
667 (4) NOTICE.—
668 (a) The clerk of a court in which a proceeding involving a
669 specified offense is being conducted against a public officer or
670 employee shall furnish notice of the proceeding to the
671 Commission on Ethics after the state attorney advises the clerk
672 that the defendant is a public officer or employee and that the
673 defendant is alleged to have committed a specified offense. Such
674 notice is sufficient if it is in the form of a copy of the
675 indictment, information, or other document containing the
676 charges. In addition, if a verdict of guilty is returned by a
677 jury or by the court trying the case without a jury, or a plea
678 of guilty or of nolo contendere is entered in the court by the
679 public officer or employee, the clerk shall furnish a copy
680 thereof to the Commission on Ethics.
681 Section 15. Paragraph (b) of subsection (8) of section
682 318.18, Florida Statutes, is amended to read:
683 318.18 Amount of penalties.—The penalties required for a
684 noncriminal disposition pursuant to s. 318.14 or a criminal
685 offense listed in s. 318.17 are as follows:
686 (8)
687 (b)1.a. If a person has been ordered to pay a civil penalty
688 for a noncriminal traffic infraction and the person is unable to
689 comply with the court’s order due to demonstrable financial
690 hardship, the court shall allow the person to satisfy the civil
691 penalty by participating in community service until the civil
692 penalty is paid.
693 b. If a court orders a person to perform community service,
694 the person shall receive credit for the civil penalty at the
695 specified hourly credit rate per hour of community service
696 performed, and each hour of community service performed shall
697 reduce the civil penalty by that amount.
698 2.a. As used in this paragraph, the term “specified hourly
699 credit rate” means the wage rate that is specified in 29 U.S.C.
700 s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
701 that is then in effect, and that an employer subject to such
702 provision must pay per hour to each employee subject to such
703 provision.
704 b. However, if a person ordered to perform community
705 service has a trade or profession for which there is a community
706 service need, the specified hourly credit rate for each hour of
707 community service performed by that person shall be the average
708 prevailing wage rate for the trade or profession that the
709 community service agency needs.
710 3.a. The community service agency supervising the person
711 shall record the number of hours of community service completed
712 and the date the community service hours were completed. The
713 community service agency shall submit the data to the clerk of
714 court on the letterhead of the community service agency, which
715 must also bear the notarized signature of the person designated
716 to represent the community service agency.
717 b. When the number of community service hours completed by
718 the person equals the amount of the civil penalty, the clerk of
719 court shall certify this fact to the court. Thereafter, the
720 clerk of court shall record in the case file that the civil
721 penalty has been paid in full.
722 4. As used in this paragraph, the term:
723 a. “Community service” means uncompensated labor for a
724 community service agency.
725 b. “Community service agency” means a not-for-profit
726 corporation, community organization, charitable organization,
727 public officer, the state or any political subdivision of the
728 state, or any other body the purpose of which is to improve the
729 quality of life or social welfare of the community and which
730 agrees to accept community service from persons unable to pay
731 civil penalties for noncriminal traffic infractions.
732 Section 16. Subsection (3) of section 668.50, Florida
733 Statutes, is amended to read:
734 668.50 Uniform Electronic Transaction Act.—
735 (3) SCOPE.—
736 (a) Except as otherwise provided in paragraph (b), this
737 section applies to electronic records and electronic signatures
738 relating to a transaction.
739 (b) This section does not apply to a transaction to the
740 extent the transaction is governed by:
741 1. A provision of law governing the creation and execution
742 of wills, codicils, or testamentary trusts;
743 2. The Uniform Commercial Code other than s. 671.107 and
744 chapters 672 and 680; or
745 3. The Uniform Computer Information Transactions Act.; or
746 4. Rules relating to judicial procedure.
747 (c) Except with respect to subsections (2), (9), and (11),
748 this section does not apply to a transaction to the extent the
749 transaction is governed by rules relating to judicial procedure.
750 (d)(c) This section applies to an electronic record or
751 electronic signature otherwise excluded under paragraph (b) to
752 the extent such record or signature is governed by a provision
753 of law other than those specified in paragraph (b).
754 (e)(d) A transaction subject to this section is also
755 subject to other applicable provisions of substantive law.
756 Section 17. Paragraph (c) of subsection (1) of section
757 733.707, Florida Statutes, is amended to read:
758 733.707 Order of payment of expenses and obligations.—
759 (1) The personal representative shall pay the expenses of
760 the administration and obligations of the decedent’s estate in
761 the following order:
762 (c) Class 3.—Debts and taxes with preference under federal
763 law, and claims pursuant to ss. 409.9101 and 414.28, and claims
764 in favor of the state for unpaid court costs, fees, or fines.
765 Section 18. Section 893.11, Florida Statutes, is amended to
766 read:
767 893.11 Suspension, revocation, and reinstatement of
768 business and professional licenses.—For the purposes of s.
769 120.60(6), any conviction in any court reported to the
770 Comprehensive Case Information System of the Florida Association
771 of Clerks and Comptroller, Inc., for the sale of, or trafficking
772 in, a controlled substance or for conspiracy to sell, or traffic
773 in, a controlled substance constitutes an immediate serious
774 danger to the public health, safety, or welfare, and is grounds
775 for disciplinary action by the licensing state agency. A state
776 agency shall initiate an immediate emergency suspension of an
777 individual professional license issued by the agency, in
778 compliance with the procedures for summary suspensions in s.
779 120.60(6), upon the agency’s findings of the licensee’s
780 conviction in any court reported to the Comprehensive Case
781 Information System of the Florida Association of Court Clerks
782 and Comptroller, Inc., Upon the conviction in any court of
783 competent jurisdiction of any person holding a license, permit,
784 or certificate issued by a state agency, for the sale of, or
785 trafficking in, a controlled substance, or for conspiracy to
786 sell, or traffic in, a controlled substance. Before renewing any
787 professional license, a state agency that issues a professional
788 license must use the Comprehensive Case Information System of
789 the Florida Association of Court Clerks and Comptroller, Inc.,
790 to obtain information relating to any conviction for the sale
791 of, or trafficking in, a controlled substance or for conspiracy
792 to sell, or traffic in, a controlled substance. The clerk of
793 court shall provide electronic access to each state agency at no
794 cost and also provide certified copies of the judgment upon
795 request to the agency., if such offense is a felony, the clerk
796 of said court shall send a certified copy of the judgment of
797 conviction with the person’s license number, permit number, or
798 certificate number on the face of such certified copy to the
799 agency head by whom the convicted defendant has received a
800 license, permit, or certificate to practice his or her
801 profession or to carry on his or her business. Such agency head
802 shall suspend or revoke the license, permit, or certificate of
803 the convicted defendant to practice his or her profession or to
804 carry on his or her business. Upon a showing by any such
805 convicted defendant whose professional license, permit, or
806 certificate has been suspended or revoked pursuant to this
807 section that his or her civil rights have been restored or upon
808 a showing that the convicted defendant meets the following
809 criteria, the agency head may reinstate or reactivate such
810 license, permit, or certificate when:
811 (1) The person has complied with the conditions of
812 paragraphs (a) and (b) which shall be monitored by the
813 Department of Corrections while the person is under any
814 supervisory sanction. If the person fails to comply with
815 provisions of these paragraphs by either failing to maintain
816 treatment or by testing positive for drug use, the department
817 shall notify the licensing, permitting, or certifying agency,
818 which shall revoke the license, permit, or certification. The
819 person under supervision may:
820 (a) Seek evaluation and enrollment in, and once enrolled
821 maintain enrollment in until completion, a drug treatment and
822 rehabilitation program which is approved or regulated by the
823 Department of Children and Family Services. The treatment and
824 rehabilitation program shall be specified by:
825 1. The court, in the case of court-ordered supervisory
826 sanctions;
827 2. The Parole Commission, in the case of parole, control
828 release, or conditional release; or
829 3. The Department of Corrections, in the case of
830 imprisonment or any other supervision required by law.
831 (b) Submit to periodic urine drug testing pursuant to
832 procedures prescribed by the Department of Corrections. If the
833 person is indigent, the costs shall be paid by the Department of
834 Corrections; or
835 (2) The person has successfully completed an appropriate
836 program under the Correctional Education Program.
837 (3) As used in this section, the term “professional
838 license” includes any license, permit, or certificate that
839 authorizes a person to practice his or her profession. However,
840 the term This section does not include apply to any of the
841 taxes, fees, or permits regulated, controlled, or administered
842 by the Department of Revenue in accordance with s. 213.05.
843 Section 19. Paragraphs (a) and (b) of subsection (2) of
844 section 938.27, Florida Statutes, are amended to read:
845 938.27 Judgment for costs on conviction.—
846 (2)(a) The court shall impose the costs of prosecution and
847 investigation notwithstanding the defendant’s present ability to
848 pay. The court shall require the defendant to pay the costs
849 within a specified period or pursuant to a payment plan under s.
850 28.246(4) in specified installments.
851 (b) The end of such period or the last such installment
852 must shall not be later than:
853 1. The end of the period of probation or community control,
854 if probation or community control is ordered;
855 2. Five years after the end of the term of imprisonment
856 imposed, if the court does not order probation or community
857 control; or
858 3. Five years after the date of sentencing in any other
859 case.
860
861 However, in no event shall the obligation to pay any unpaid
862 amounts does not expire if not paid in full within the period
863 specified in this paragraph.
864 Section 20. Present subsections (8) through (12) of section
865 938.30, Florida Statutes, are renumbered as subsections (10)
866 through (14), respectively, and new subsections (8) and (9) are
867 added to that section to read:
868 938.30 Financial obligations in criminal cases;
869 supplementary proceedings.—
870 (8) If a criminal or civil judgment has previously been
871 entered on a court-imposed financial obligation, the judgment
872 constitutes a civil lien against the judgment debtor’s presently
873 owned or after-acquired real or personal property when recorded
874 pursuant to s. 55.10, except that a judgment on a court-imposed
875 financial obligation is not subject to the 10-year rerecording
876 requirement of s. 55.10. The judgment must secure all unpaid
877 court-imposed financial obligations that are due and may accrue
878 subsequent to the recording of the judgment, as well as interest
879 and reasonable costs for issuing a satisfaction and recording
880 the satisfaction in the official records.
881 (9) The clerk of the court shall enforce, satisfy,
882 compromise, settle, subordinate, release, or otherwise dispose
883 of any debts or liens imposed and collected under this section
884 in the same manner as prescribed in s. 938.29(3).
885 Section 21. Section 947.181, Florida Statutes, is amended
886 to read:
887 947.181 Fines, fees, restitution, or other costs ordered to
888 be paid Victim restitution as conditions condition of parole.—
889 (1)(a) The Parole commission shall require the payment of
890 fines, fees, restitution, or other court-ordered costs as a
891 condition of parole reparation or restitution to the aggrieved
892 party for the damage or loss caused by the offense for which the
893 parolee was imprisoned unless the commission finds reasons to
894 the contrary. Restitution to the aggrieved party for injury,
895 damage, or loss caused by the offense for which the parolee was
896 imprisoned shall have first priority in the payment of amounts
897 owed under this section. If the commission does not require the
898 payment of fines, fees, restitution, or other court-ordered
899 costs order restitution or requires orders only partial payment
900 of the fines, fees, restitution, or other court-ordered costs
901 restitution, the commission shall state on the record the
902 reasons for its decision therefor. The amount of such reparation
903 or restitution shall be determined by the Parole Commission.
904 (2)(b) If the parolee fails to make the payments reparation
905 or restitution to the aggrieved party as required authorized in
906 subsection (1) paragraph (a), it shall be considered by the
907 commission as a violation of parole as specified in s. 947.21
908 and may be cause for revocation of her or his parole.
909 (3)(2) If a defendant is paroled, any restitution ordered
910 under s. 775.089 shall be a condition of such parole. The Parole
911 Commission may revoke parole if the defendant fails to comply
912 with such order.
913 (4) In determining whether to revoke parole, the Parole
914 commission shall consider the defendant’s employment status,
915 earning ability, and financial resources; the willfulness of the
916 defendant’s failure to pay; and any other special circumstances
917 that may have a bearing on the defendant’s ability to pay.
918 Section 22. This act shall take effect July 1, 2012.
919
920 ================= T I T L E A M E N D M E N T ================
921 And the title is amended as follows:
922 Delete everything before the enacting clause
923 and insert:
924 A bill to be entitled
925 An act relating to clerks of court; amending s. 27.52,
926 F.S.; authorizing the clerk of court to review the
927 property records and motor vehicle records to
928 determine whether an applicant for the appointment of
929 a public defender is indigent; deleting a requirement
930 that the clerk conduct the review; amending s. 28.24,
931 F.S.; deleting a requirement for the clerks of the
932 circuit courts to participate in the Comprehensive
933 Case Information System; creating s. 28.2405, F.S.;
934 requiring clerks of the circuit courts to use the
935 Comprehensive Case Information System and to submit
936 data to the system based on case types designated by
937 the Supreme Court of Florida; amending s. 28.241,
938 F.S.; providing that filing fees and fees to reopen a
939 proceeding are due at the time a party files a
940 pleading to initiate or reopen a proceeding; requiring
941 the clerk of court to pursue the collection of fees
942 that are not timely paid; revising the circumstances
943 under which a fee to reopen a case applies; exempting
944 a person from paying a reopen fee for filing a motion
945 to enforce a stipulation or a motion for contempt;
946 authorizing the clerk of court to charge a fee to
947 issue an electronic certified copy of a summons;
948 amending s. 28.37, F.S.; providing that certain
949 penalties and fines are not deposited into the clerk’s
950 Public Records Modernization Trust Fund; amending s.
951 34.041, F.S.; requiring the party filing a case in
952 county court to pay all filing and reopen fees at the
953 time of filing; requiring the clerk to pursue
954 collection of the fees if the fees are not paid at the
955 time of filing; authorizing the clerk of court to
956 charge a fee for issuing an electronic certified copy
957 of a summons; revising the circumstances under which a
958 fee to reopen a case applies; exempting a party from
959 paying a reopen fee for filing motions to enforce
960 stipulations and motions for contempt; amending s.
961 40.011, F.S.; requiring that a clerk of court generate
962 a set of juror candidate lists; requiring that the
963 clerk of court add names of certain persons to the
964 juror candidate lists; authorizing the clerk of court
965 to generate juror candidate lists to ensure a valid
966 and consistent juror selection process; amending s.
967 40.02, F.S.; revising the process of selecting jury
968 lists; amending s. 40.022, F.S.; revising the process
969 of purging jury selection lists; amending s. 40.221,
970 F.S.; conforming provisions to changes made by the
971 act; amending s. 40.225, F.S.; requiring that the
972 clerk of court implement an automated electronic
973 system for drawing jury venire; providing
974 administrative responsibilities of the clerks of court
975 with regard to the jury venire; requiring that the
976 clerk of court or the chief judge submit for approval
977 a plan for the selection of juror candidates;
978 requiring that the Chief Justice of the Supreme Court
979 examine the proposed plan for compliance with
980 applicable statutory requirements and technical
981 standards and procedures; requiring that an
982 administrative order be filed if the proposed plan is
983 approved; amending s. 57.081, F.S.; providing that a
984 person who receives a certification of indigence with
985 respect to a proceeding is not required to pay charges
986 to issue a summons; amending s. 95.11, F.S.; providing
987 that an action to collect any court costs, fees, or
988 fines owed to the state may be commenced at any time;
989 amending s. 112.3173, F.S.; providing for the duty of
990 a clerk of court to notify the Commission on Ethics of
991 certain proceedings involving public officers or
992 employees to arise after the clerk is advised by the
993 state attorney that the defendant is a public officer
994 or employee who is alleged to have committed a
995 specified offense; amending s. 318.18, F.S.; requiring
996 that the signature of the person designated to
997 represent a community service agency be notarized on
998 letterhead that indicates the number of hours of
999 community service completed and the date the community
1000 service hours were completed by a person who is
1001 ordered to perform community service as a penalty for
1002 specified offenses; amending s. 668.50, F.S.; limiting
1003 the exemption from the Uniform Electronic Transaction
1004 Act for transactions governed by rules relating to
1005 judicial procedure; amending s. 733.707, F.S.;
1006 specifying the priority of payment of unpaid court
1007 costs, fees, or fines by a decedent’s estate; amending
1008 s. 893.11, F.S.; providing that convictions of certain
1009 types of criminal offenses which are reported to the
1010 Comprehensive Case Information System of the Florida
1011 Association of Clerks and Comptroller, Inc., are an
1012 immediate, serious danger to the public health,
1013 safety, or welfare; providing that such convictions
1014 are grounds for disciplinary action by a licensing
1015 state agency; requiring that a state agency initiate
1016 an emergency suspension of an individual professional
1017 license upon the agency’s finding of the licensee’s
1018 conviction of a certain type of criminal offense which
1019 is reported to the Comprehensive Case Information
1020 System; requiring that certain state agencies use the
1021 Comprehensive Case Information System to obtain
1022 information relating to a conviction involving certain
1023 types of criminal offenses; requiring that the clerk
1024 of court provide to each state agency electronic
1025 access and provide certified copies of judgments to
1026 licensing agencies upon request; defining the term
1027 “business or professional license”; amending s.
1028 938.27, F.S.; authorizing a court to require a
1029 defendant to pay the costs of prosecution and
1030 investigation pursuant to a payment plan under a
1031 specified provision; amending s. 938.30, F.S.;
1032 providing that criminal or civil judgment and related
1033 costs are a civil lien against the judgment debtor’s
1034 presently owned or after-acquired real or personal
1035 property if the judgment is recorded; providing an
1036 exception to rerecording requirements; requiring that
1037 the clerk of court enforce, satisfy, compromise,
1038 settle, subordinate, release, or otherwise dispose of
1039 any debts or lien imposed and collected in the same
1040 manner as for an indigent defendant-recipient;
1041 amending s. 947.181, F.S.; providing that the Parole
1042 Commission require as a condition of parole the
1043 payment of fines, fees, or other court-ordered costs
1044 under certain circumstances; providing that
1045 restitution ordered as a condition of parole has first
1046 priority over the payment of other costs ordered as a
1047 condition of parole; requiring that the commission
1048 state on record the reasons for not requiring the full
1049 payment of the fines, fees, or other court-ordered
1050 costs; providing an effective date.