ENROLLED
       2012 Legislature                          SB 1960, 1st Engrossed
       
       
       
       
       
       
                                                             20121960er
    1  
    2         An act relating to the state judicial system; amending
    3         s. 27.40, F.S.; authorizing the chief judge of the
    4         circuit to limit the number of attorneys on the
    5         circuit registry list; providing criteria in order to
    6         qualify for inclusion on a registry; authorizing the
    7         chief judge to establish a limited registry that
    8         includes only those attorneys willing to waive
    9         compensation in excess of a flat fee; requiring the
   10         court to appoint attorneys from the flat-fee limited
   11         registry unless there are no attorneys available to
   12         accept the appointment on the limited registry;
   13         amending s. 27.511, F.S.; revising the procedures by
   14         which a regional conflict counsel is appointed by the
   15         Governor; providing that, if a regional counsel is
   16         unable to complete a full term in office, the Governor
   17         may immediately appoint an interim regional counsel to
   18         serve as regional counsel for that district until a
   19         new regional counsel is appointed; requiring the
   20         Florida Supreme Court Judicial Nominating Commission
   21         to provide the Governor with a list of nominees for
   22         appointment within 6 months after the date of a
   23         vacancy; amending s. 27.52, F.S.; authorizing the
   24         clerk to conduct a review of the county’s property
   25         records to confirm that an applicant seeking
   26         appointment of a public defender is indigent; amending
   27         s. 27.5304, F.S.; revising procedures for court
   28         appointed counsel who apply for compensation for
   29         casework when the attorney fees exceed the limits of
   30         compensation prescribed by law; providing procedures
   31         to be applied in criminal cases if the court orders
   32         payment in excess of the flat fee established by law;
   33         providing procedures for payment of fees when payments
   34         due exceed the available funding designated by the
   35         court; amending s. 39.8296, F.S.; authorizing court
   36         appointed volunteers to transport children who are
   37         abused, abandoned, or neglected; prohibiting a
   38         guardian ad litem program or the court from requiring
   39         that volunteers transport children; creating s.
   40         39.8297, F.S.; authorizing a county and the Statewide
   41         Guardian Ad Litem Office to enter into an agreement
   42         whereby the county provides funding to the office in
   43         order to employ additional guardian ad litem personnel
   44         to serve in the county; requiring an agreement between
   45         the county and the Statewide Guardian Ad Litem Office;
   46         specifying the duties and responsibilities of the
   47         county and the participating guardian ad litem office;
   48         requiring the statewide office to indemnify the county
   49         from liability resulting from the acts or omissions of
   50         the guardian ad litem office; prohibiting the
   51         Statewide Guardian Ad Litem Office from using county
   52         paid positions in a formula to measure the county’s
   53         need for additional guardian ad litem personnel;
   54         providing that an agreement between the county and the
   55         office does not obligate the state to provide
   56         additional funds to the county; amending s. 318.18,
   57         F.S.; requiring the clerk of court and the Florida
   58         Clerks of Court Operations Corporation to submit
   59         reports on local traffic assessments in an electronic
   60         format; providing an effective date.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Subsections (3) and (4) of section 27.40,
   65  Florida Statutes, are amended to read:
   66         27.40 Court-appointed counsel; circuit registries; minimum
   67  requirements; appointment by court.—
   68         (3) In utilizing a registry:
   69         (a) The chief judge of the circuit shall compile a list of
   70  attorneys in private practice, by county and by category of
   71  cases, and provide the list to the clerk of court in each
   72  county. The chief judge of the circuit may restrict the number
   73  of attorneys on the general registry list. From October 1, 2005,
   74  through September 30, 2007, the list of attorneys compiled by
   75  the Eleventh Judicial Circuit shall provide the race, gender,
   76  and national origin of assigned attorneys. To be included on a
   77  registry, attorneys shall certify:
   78         1. That they meet any minimum requirements established by
   79  the chief judge and by established in general law for court
   80  appointment;,
   81         2.That they are available to represent indigent defendants
   82  in cases requiring court appointment of private counsel;, and
   83         3.That they are willing to abide by the terms of the
   84  contract for services; and
   85         4.Whether they are willing to accept as full payment the
   86  flat fees prescribed in s. 27.5304, notwithstanding the
   87  provisions of s. 27.5304(12), except for cases brought under the
   88  Racketeer Influenced and Corrupt Organizations Act and capital
   89  cases as defined in s. 27.5304(5)(a)4.
   90  
   91  To be included on a registry, an attorney also must enter into a
   92  contract for services with the Justice Administrative
   93  Commission. Failure to comply with the terms of the contract for
   94  services may result in termination of the contract and removal
   95  from the registry. Each attorney on the registry shall be
   96  responsible for notifying the clerk of the court and the Justice
   97  Administrative Commission of any change in his or her status.
   98  Failure to comply with this requirement shall be cause for
   99  termination of the contract for services and removal from the
  100  registry until the requirement is fulfilled. In addition to
  101  general registries, the chief judge may establish limited
  102  registries that include only those attorneys willing to waive
  103  compensation in excess of the flat fee prescribed in s. 27.5304,
  104  notwithstanding the provisions of s. 27.5304(12).
  105         (b) The court shall appoint attorneys in rotating order in
  106  the order in which names appear on the applicable registry,
  107  unless the court makes a finding of good cause on the record for
  108  appointing an attorney out of order. If a chief judge
  109  establishes a limited registry of attorneys willing to waive
  110  compensation in excess of the flat fee, the court shall appoint
  111  attorneys from that limited registry unless there are no
  112  attorneys available to accept the appointment on the limited
  113  registry. The clerk of court shall maintain the registry and
  114  provide to the court the name of the attorney for appointment.
  115  An attorney not appointed in the order in which his or her name
  116  appears on the list shall remain next in order.
  117         (c) If the number of attorneys on the registry in a county
  118  or circuit for a particular category of cases is inadequate, the
  119  chief judge of the particular circuit shall provide to the clerk
  120  of court the names of at least three private attorneys who have
  121  relevant experience. The clerk of court shall send an
  122  application to each of these attorneys to register for
  123  appointment.
  124         (d) Quarterly, each chief judge shall provide a current
  125  copy of each registry to the Chief Justice of the Supreme Court,
  126  the state attorney and public defender in each judicial circuit,
  127  the office of criminal conflict and civil regional counsel, the
  128  clerk of court in each county, and the Justice Administrative
  129  Commission. From October 1, 2005, through September 30, 2007,
  130  Circuits utilizing a limited registry list as allowed by
  131  paragraph (a) the report submitted by the Eleventh Judicial
  132  Circuit shall include the race, gender, and national origin of
  133  all attorneys listed in and appointed under the limited
  134  registry.
  135         (4) To be eligible for court appointment, an attorney must
  136  be a member in good standing of The Florida Bar in addition to
  137  any other qualifications specified by general law and any
  138  requirements set by the chief judge of the circuit.
  139         Section 2. Subsection (3) of section 27.511, Florida
  140  Statutes, is amended to read:
  141         27.511 Offices of criminal conflict and civil regional
  142  counsel; legislative intent; qualifications; appointment;
  143  duties.—
  144         (3)(a) Each regional counsel must be, and must have been
  145  for the preceding 5 years, a member in good standing of The
  146  Florida Bar or a similar organization in another state. Each
  147  regional counsel shall be appointed by the Governor and is
  148  subject to confirmation by the Senate. The Supreme Court
  149  Judicial Nominating Commission, in addition to the current
  150  regional counsel, shall recommend to the Governor not fewer than
  151  two or more than five additional three qualified candidates for
  152  appointment to each of the five regional counsel positions. The
  153  Governor shall appoint the regional counsel for the five regions
  154  from among the recommendations, or, if it is in the best
  155  interest of the fair administration of justice, the Governor may
  156  reject the nominations and request that the Supreme Court
  157  Judicial Nominating Commission submit three new nominees. The
  158  regional counsel shall be appointed to a term of 4 years, the
  159  first term beginning on October 1, 2015 July 1, 2007. Vacancies
  160  shall be filled in the same manner provided in paragraph (b) as
  161  appointments.
  162         (b)If for any reason a regional counsel is unable to
  163  complete a full term in office, the Governor may immediately
  164  appoint an interim regional counsel who meets the qualifications
  165  to be a regional counsel to serve as regional counsel for that
  166  district until a new regional counsel is appointed in the manner
  167  provided in paragraph (a). The Florida Supreme Court Judicial
  168  Nominating Commission shall provide the Governor with a list of
  169  nominees for appointment within 6 months after the date of the
  170  vacancy. A temporary vacancy in office does not affect the
  171  validity of any matters or activities of the office of regional
  172  counsel.
  173         Section 3. Paragraph (a) of subsection (2) of section
  174  27.52, Florida Statutes, is amended to read:
  175         27.52 Determination of indigent status.—
  176         (2) DETERMINATION BY THE CLERK.—The clerk of the court
  177  shall determine whether an applicant seeking appointment of a
  178  public defender is indigent based upon the information provided
  179  in the application and the criteria prescribed in this
  180  subsection.
  181         (a)1. An applicant, including an applicant who is a minor
  182  or an adult tax-dependent person, is indigent if the applicant’s
  183  income is equal to or below 200 percent of the then-current
  184  federal poverty guidelines prescribed for the size of the
  185  household of the applicant by the United States Department of
  186  Health and Human Services or if the person is receiving
  187  Temporary Assistance for Needy Families-Cash Assistance,
  188  poverty-related veterans’ benefits, or Supplemental Security
  189  Income (SSI).
  190         1.2.a. There is a presumption that the applicant is not
  191  indigent if the applicant owns, or has equity in, any intangible
  192  or tangible personal property or real property or the expectancy
  193  of an interest in any such property having a net equity value of
  194  $2,500 or more, excluding the value of the person’s homestead
  195  and one vehicle having a net value not exceeding $5,000.
  196         2.b. Notwithstanding the information that the applicant
  197  provides, the clerk may shall conduct a review of the property
  198  records for the county in which the applicant resides and the
  199  motor vehicle title records of the state to identify any
  200  property interests of the applicant under this paragraph
  201  subparagraph. The clerk may shall evaluate and consider the
  202  results of the review in making a determination under this
  203  subsection. If the review is conducted, the clerk shall maintain
  204  the results of the review in a file with the application and
  205  provide the file to the court if the applicant seeks review
  206  under subsection (4) of the clerk’s determination of indigent
  207  status.
  208         Section 4. Section 27.5304, Florida Statutes, is amended to
  209  read:
  210         27.5304 Private court-appointed counsel; compensation;
  211  notice.—
  212         (1) Private court-appointed counsel shall be compensated by
  213  the Justice Administrative Commission as provided in this
  214  section and the General Appropriations Act. The flat fees
  215  prescribed in this section are limitations on compensation. The
  216  specific flat fee amounts for compensation shall be established
  217  annually in the General Appropriations Act. The attorney also
  218  shall be reimbursed for reasonable and necessary expenses in
  219  accordance with s. 29.007. If the attorney is representing a
  220  defendant charged with more than one offense in the same case,
  221  the attorney shall be compensated at the rate provided for the
  222  most serious offense for which he or she represented the
  223  defendant. This section does not allow stacking of the fee
  224  limits established by this section.
  225         (2) The Justice Administrative Commission shall review an
  226  intended billing by private court-appointed counsel for attorney
  227  attorney’s fees based on a flat fee per case for completeness
  228  and compliance with contractual and statutory requirements. The
  229  commission may approve the intended bill for a flat fee per case
  230  for payment without approval by the court if the intended
  231  billing is correct. An intended billing that seeks compensation
  232  for any amount exceeding the flat fee established for a
  233  particular type of representation, as prescribed in the General
  234  Appropriations Act, shall comply with subsections (11) and (12).
  235         (3) The court retains primary authority and responsibility
  236  for determining the reasonableness of all billings for attorney
  237  attorney’s fees, costs, and related expenses, subject to
  238  statutory limitations. Private court-appointed counsel is
  239  entitled to compensation upon final disposition of a case.
  240         (4)(a) The attorney shall submit a bill for attorney
  241  attorney’s fees, costs, and related expenses within 90 days
  242  after the disposition of the case at the lower court level,
  243  notwithstanding any appeals. The Justice Administrative
  244  Commission shall provide by contract with the attorney for
  245  imposition of a penalty of:
  246         1. Fifteen percent of the allowable attorney attorney’s
  247  fees, costs, and related expenses for a bill that is submitted
  248  more than 90 days after the disposition of the case at the lower
  249  court level, notwithstanding any appeals;
  250         2. For cases for which disposition occurs on or after July
  251  1, 2010, 50 percent of the allowable attorney attorney’s fees,
  252  costs, and related expenses for a bill that is submitted more
  253  than 1 year after the disposition of the case at the lower court
  254  level, notwithstanding any appeals; or
  255         3. For cases for which disposition occurs on or after July
  256  1, 2010, 75 percent of the allowable attorney attorney’s fees,
  257  costs, and related expenses for a bill that is submitted more
  258  than 2 years after the disposition of the case at the lower
  259  court level, notwithstanding any appeals.
  260         (b) For purposes of this subsection, the term “disposition”
  261  means:
  262         1. At the trial court level, that the court has entered a
  263  final appealable judgment, unless rendition of judgment is
  264  stayed by the filing of a timely motion for rehearing. The
  265  filing of a notice of appeal does not stay the time for
  266  submission of an intended billing; and
  267         2. At the appellate court level, that the court has issued
  268  its mandate.
  269         (5) The compensation for representation in a criminal
  270  proceeding shall not exceed the following:
  271         (a)1. For misdemeanors and juveniles represented at the
  272  trial level: $1,000.
  273         2. For noncapital, nonlife felonies represented at the
  274  trial level: $2,500.
  275         3. For life felonies represented at the trial level:
  276  $3,000.
  277         4. For capital cases represented at the trial level:
  278  $15,000. For purposes of this subparagraph, a “capital case” is
  279  any offense for which the potential sentence is death and the
  280  state has not waived seeking the death penalty.
  281         5. For representation on appeal: $2,000.
  282         (b) If a death sentence is imposed and affirmed on appeal
  283  to the Supreme Court, the appointed attorney shall be allowed
  284  compensation, not to exceed $1,000, for attorney attorney’s fees
  285  and costs incurred in representing the defendant as to an
  286  application for executive clemency, with compensation to be paid
  287  out of general revenue from funds budgeted to the Department of
  288  Corrections.
  289         (6) For compensation for representation pursuant to a court
  290  appointment in a proceeding under chapter 39:
  291         (a) At the trial level, compensation for representation for
  292  dependency proceedings shall not exceed $1,000 for the first
  293  year following the date of appointment and shall not exceed $200
  294  each year thereafter. Compensation shall be paid based upon
  295  representation of a parent irrespective of the number of case
  296  numbers that may be assigned or the number of children involved,
  297  including any children born during the pendency of the
  298  proceeding. Any appeal, except for an appeal from an
  299  adjudication of dependency, shall be completed by the trial
  300  attorney and is considered compensated by the flat fee for
  301  dependency proceedings.
  302         1. Counsel may bill the flat fee not exceeding $1,000
  303  following disposition or upon dismissal of the petition.
  304         2. Counsel may bill the annual flat fee not exceeding $200
  305  following the first judicial review in the second year following
  306  the date of appointment and each year thereafter as long as the
  307  case remains under protective supervision.
  308         3. If the court grants a motion to reactivate protective
  309  supervision, the attorney shall receive the annual flat fee not
  310  exceeding $200 following the first judicial review and up to an
  311  additional $200 each year thereafter.
  312         4. If, during the course of dependency proceedings, a
  313  proceeding to terminate parental rights is initiated,
  314  compensation shall be as set forth in paragraph (b). If counsel
  315  handling the dependency proceeding is not authorized to handle
  316  proceedings to terminate parental rights, the counsel must
  317  withdraw and new counsel must be appointed.
  318         (b) At the trial level, compensation for representation in
  319  termination of parental rights proceedings shall not exceed
  320  $1,000 for the first year following the date of appointment and
  321  shall not exceed $200 each year thereafter. Compensation shall
  322  be paid based upon representation of a parent irrespective of
  323  the number of case numbers that may be assigned or the number of
  324  children involved, including any children born during the
  325  pendency of the proceeding. Any appeal, except for an appeal
  326  from an order granting or denying termination of parental
  327  rights, shall be completed by trial counsel and is considered
  328  compensated by the flat fee for termination of parental rights
  329  proceedings. If the individual has dependency proceedings
  330  ongoing as to other children, those proceedings are considered
  331  part of the termination of parental rights proceedings as long
  332  as that termination of parental rights proceeding is ongoing.
  333         1. Counsel may bill the flat fee not exceeding $1,000 30
  334  days after rendition of the final order. Each request for
  335  payment submitted to the Justice Administrative Commission must
  336  include the trial counsel’s certification that:
  337         a. Counsel discussed grounds for appeal with the parent or
  338  that counsel attempted and was unable to contact the parent; and
  339         b. No appeal will be filed or that a notice of appeal and a
  340  motion for appointment of appellate counsel, containing the
  341  signature of the parent, have been filed.
  342         2. Counsel may bill the annual flat fee not exceeding $200
  343  following the first judicial review in the second year after the
  344  date of appointment and each year thereafter as long as the
  345  termination of parental rights proceedings are still ongoing.
  346         (c) For appeals from an adjudication of dependency,
  347  compensation may not exceed $1,000.
  348         1. Counsel may bill a flat fee not exceeding $750 upon
  349  filing the initial brief or the granting of a motion to
  350  withdraw.
  351         2. If a brief is filed, counsel may bill an additional flat
  352  fee not exceeding $250 upon rendition of the mandate.
  353         (d) For an appeal from an adjudication of termination of
  354  parental rights, compensation may not exceed $2,000.
  355         1. Counsel may bill a flat fee not exceeding $1,000 upon
  356  filing the initial brief or the granting of a motion to
  357  withdraw.
  358         2. If a brief is filed, counsel may bill an additional flat
  359  fee not exceeding $1,000 upon rendition of the mandate.
  360         (7) Counsel entitled to receive compensation from the state
  361  for representation pursuant to court appointment in a proceeding
  362  under chapter 384, chapter 390, chapter 392, chapter 393,
  363  chapter 394, chapter 397, chapter 415, chapter 743, chapter 744,
  364  or chapter 984 shall receive compensation not to exceed the
  365  limits prescribed in the General Appropriations Act.
  366         (8) A private attorney appointed in lieu of the public
  367  defender or the criminal conflict and civil regional counsel to
  368  represent an indigent defendant may not reassign or subcontract
  369  the case to another attorney or allow another attorney to appear
  370  at a critical stage of a case who is not on the registry
  371  developed under s. 27.40.
  372         (9) Private court-appointed counsel representing an
  373  individual in an appeal to a district court of appeal or the
  374  Supreme Court may submit a request for payment to the Justice
  375  Administrative Commission at the following intervals:
  376         (a) Upon the filing of an appellate brief, including, but
  377  not limited to, a reply brief.
  378         (b) When the opinion of the appellate court is finalized.
  379         (10) Private court-appointed counsel may not bill for
  380  preparation of invoices.
  381         (11) It is the intent of the Legislature that the flat fees
  382  prescribed under this section and the General Appropriations Act
  383  comprise the full and complete compensation for private court
  384  appointed counsel. It is further the intent of the Legislature
  385  that the fees in this section are prescribed for the purpose of
  386  providing counsel with notice of the limit on the amount of
  387  compensation for representation in particular proceedings.
  388         (a) If court-appointed counsel moves to withdraw prior to
  389  the full performance of his or her duties through the completion
  390  of the case, the court shall presume that the attorney is not
  391  entitled to the payment of the full flat fee established under
  392  this section and the General Appropriations Act.
  393         (b) If court-appointed counsel is allowed to withdraw from
  394  representation prior to the full performance of his or her
  395  duties through the completion of the case and the court appoints
  396  a subsequent attorney, the total compensation for the initial
  397  and any and all subsequent attorneys may not exceed the flat fee
  398  established under this section and the General Appropriations
  399  Act, except as provided in subsection (12).
  400  
  401  This subsection constitutes notice to any subsequently appointed
  402  attorney that he or she will not be compensated the full flat
  403  fee.
  404         (12) The Legislature recognizes that on rare occasions an
  405  attorney may receive a case that requires extraordinary and
  406  unusual effort.
  407         (a) If counsel seeks compensation that exceeds the limits
  408  prescribed by law under this section and the General
  409  Appropriations Act, he or she must file a motion with the chief
  410  judge for an order approving payment of attorney attorney’s fees
  411  in excess of these limits.
  412         1. Before Prior to filing the motion, the counsel shall
  413  deliver a copy of the intended billing, together with supporting
  414  affidavits and all other necessary documentation, to the Justice
  415  Administrative Commission.
  416         2. The Justice Administrative Commission shall review the
  417  billings, affidavit, and documentation for completeness and
  418  compliance with contractual and statutory requirements. If the
  419  Justice Administrative Commission objects to any portion of the
  420  proposed billing, the objection and supporting reasons must
  421  therefor shall be communicated in writing to the private court
  422  appointed counsel. The counsel may thereafter file his or her
  423  motion, which must specify whether the commission objects to any
  424  portion of the billing or the sufficiency of documentation, and
  425  shall attach the commission’s letter stating its objection.
  426         (b) Following receipt of the motion to exceed the fee
  427  limits, the chief judge or a single designee shall hold an
  428  evidentiary hearing. The chief judge may select only one judge
  429  per circuit to hear and determine motions pursuant to this
  430  subsection, except multicounty circuits and the eleventh circuit
  431  may have up to two designees.
  432         1. At the hearing, the attorney seeking compensation must
  433  prove by competent and substantial evidence that the case
  434  required extraordinary and unusual efforts. The chief judge or
  435  single designee shall consider criteria such as the number of
  436  witnesses, the complexity of the factual and legal issues, and
  437  the length of trial. The fact that a trial was conducted in a
  438  case does not, by itself, constitute competent substantial
  439  evidence of an extraordinary and unusual effort. In a criminal
  440  case, relief under this section may not be granted if the number
  441  of work hours does not exceed 75 or the number of the state’s
  442  witnesses deposed does not exceed 20.
  443         2. The chief judge or single designee shall enter a written
  444  order detailing his or her findings and identifying the
  445  extraordinary nature of the time and efforts of the attorney in
  446  the case which warrant exceeding the flat fee established by
  447  this section and the General Appropriations Act.
  448         (c) A copy of the motion and attachments shall be served on
  449  the Justice Administrative Commission at least 5 business days
  450  before prior to the date of a hearing. The Justice
  451  Administrative Commission has shall have standing to appear
  452  before the court, including at the hearing under paragraph (b),
  453  to contest any motion for an order approving payment of attorney
  454  attorney’s fees, costs, or related expenses and may participate
  455  in a hearing on the motion by use of telephonic or other
  456  communication equipment unless ordered otherwise. The Justice
  457  Administrative Commission may contract with other public or
  458  private entities or individuals to appear before the court for
  459  the purpose of contesting any motion for an order approving
  460  payment of attorney attorney’s fees, costs, or related expenses.
  461  The fact that the Justice Administrative Commission has not
  462  objected to any portion of the billing or to the sufficiency of
  463  the documentation is not binding on the court.
  464         (d) If the chief judge or a single designee finds that
  465  counsel has proved by competent and substantial evidence that
  466  the case required extraordinary and unusual efforts, the chief
  467  judge or single designee shall order the compensation to be paid
  468  to the attorney at a percentage above the flat fee rate,
  469  depending on the extent of the unusual and extraordinary effort
  470  required. The percentage must shall be only the rate necessary
  471  to ensure that the fees paid are not confiscatory under common
  472  law. The percentage may not exceed 200 percent of the
  473  established flat fee, absent a specific finding that 200 percent
  474  of the flat fee in the case would be confiscatory. If the chief
  475  judge or single designee determines that 200 percent of the flat
  476  fee would be confiscatory, he or she shall order the amount of
  477  compensation using an hourly rate not to exceed $75 per hour for
  478  a noncapital case and $100 per hour for a capital case. However,
  479  the compensation calculated by using the hourly rate shall be
  480  only that amount necessary to ensure that the total fees paid
  481  are not confiscatory.
  482         (e) Any order granting relief under this subsection must be
  483  attached to the final request for a payment submitted to the
  484  Justice Administrative Commission.
  485         (f) For criminal cases only, if the court orders payment in
  486  excess of the flat fee established by law, fees shall be paid as
  487  follows:
  488         1. The flat fee shall be paid from funds appropriated to
  489  the Justice Administrative Commission in the General
  490  Appropriations Act.
  491         2. The amount ordered by the court in excess of the flat
  492  fee shall be paid by the Justice Administrative Commission in a
  493  special category designated for that purpose in the General
  494  Appropriations Act.
  495         3. If, during the fiscal year, all funds designated for
  496  payment of the amount ordered by the court in excess of the flat
  497  fee are spent, the amount of payments in excess of the flat fee
  498  shall be made from the due process funds, or other funds as
  499  necessary, appropriated to the state courts system in the
  500  General Appropriations Act. Funds from the state courts system
  501  must be used in a manner approved by the Chief Justice and
  502  administered by the Trial Court Budget Commission.
  503         (g)The Justice Administrative Commission shall provide to
  504  the Office of the State Courts Administrator monthly data by
  505  statewide uniform case number, attorney, and defendant name
  506  concerning:
  507         1.Private court-appointed cases opened;
  508         2.Cases paid and the amount of payment, including any
  509  amount in excess of the flat fee; and
  510         3.Cases for which compensation was waived.
  511         (h)(f) The Justice Administrative Commission shall provide
  512  monthly to the Office of the State Courts Administrator data
  513  concerning the number of cases approved for compensation in
  514  excess of the flat fee limitation and the amount of these awards
  515  by circuit and by judge. The Justice Administrative Commission
  516  Office of the State Courts Administrator shall report the data
  517  quarterly in an electronic format to the chairs of the
  518  legislative appropriations committees and the Office of the
  519  State Courts Administrator President of the Senate, the Speaker
  520  of the House of Representatives, the Chief Justice of the
  521  Supreme Court, and the chief judge of each circuit.
  522         Section 5. Paragraph (b) of subsection (2) of section
  523  39.8296, Florida Statutes, is amended to read:
  524         39.8296 Statewide Guardian Ad Litem Office; legislative
  525  findings and intent; creation; appointment of executive
  526  director; duties of office.—
  527         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
  528  Statewide Guardian Ad Litem Office within the Justice
  529  Administrative Commission. The Justice Administrative Commission
  530  shall provide administrative support and service to the office
  531  to the extent requested by the executive director within the
  532  available resources of the commission. The Statewide Guardian Ad
  533  Litem Office shall not be subject to control, supervision, or
  534  direction by the Justice Administrative Commission in the
  535  performance of its duties, but the employees of the office shall
  536  be governed by the classification plan and salary and benefits
  537  plan approved by the Justice Administrative Commission.
  538         (b) The Statewide Guardian Ad Litem Office shall, within
  539  available resources, have oversight responsibilities for and
  540  provide technical assistance to all guardian ad litem and
  541  attorney ad litem programs located within the judicial circuits.
  542         1. The office shall identify the resources required to
  543  implement methods of collecting, reporting, and tracking
  544  reliable and consistent case data.
  545         2. The office shall review the current guardian ad litem
  546  programs in Florida and other states.
  547         3. The office, in consultation with local guardian ad litem
  548  offices, shall develop statewide performance measures and
  549  standards.
  550         4. The office shall develop a guardian ad litem training
  551  program. The office shall establish a curriculum committee to
  552  develop the training program specified in this subparagraph. The
  553  curriculum committee shall include, but not be limited to,
  554  dependency judges, directors of circuit guardian ad litem
  555  programs, active certified guardians ad litem, a mental health
  556  professional who specializes in the treatment of children, a
  557  member of a child advocacy group, a representative of the
  558  Florida Coalition Against Domestic Violence, and a social worker
  559  experienced in working with victims and perpetrators of child
  560  abuse.
  561         5. The office shall review the various methods of funding
  562  guardian ad litem programs, shall maximize the use of those
  563  funding sources to the extent possible, and shall review the
  564  kinds of services being provided by circuit guardian ad litem
  565  programs.
  566         6. The office shall determine the feasibility or
  567  desirability of new concepts of organization, administration,
  568  financing, or service delivery designed to preserve the civil
  569  and constitutional rights and fulfill other needs of dependent
  570  children.
  571         7. In an effort to promote normalcy and establish trust
  572  between a court-appointed volunteer guardian ad litem and a
  573  child alleged to be abused, abandoned, or neglected under this
  574  chapter, a guardian ad litem may transport a child. However, a
  575  guardian ad litem volunteer may not be required or directed by
  576  the program or a court to transport a child.
  577         8.7.No later than October 1, 2004, The office shall submit
  578  to the Governor, the President of the Senate, the Speaker of the
  579  House of Representatives, and the Chief Justice of the Supreme
  580  Court an interim report describing the progress of the office in
  581  meeting the goals as described in this section. No later than
  582  October 1, 2004, The office shall submit to the Governor, the
  583  President of the Senate, the Speaker of the House of
  584  Representatives, and the Chief Justice of the Supreme Court a
  585  proposed plan including alternatives for meeting the state’s
  586  guardian ad litem and attorney ad litem needs. This plan may
  587  include recommendations for less than the entire state, may
  588  include a phase-in system, and shall include estimates of the
  589  cost of each of the alternatives. Each year thereafter, the
  590  office shall provide a status report and provide further
  591  recommendations to address the need for guardian ad litem
  592  services and related issues.
  593         Section 6. Section 39.8297, Florida Statutes, is created to
  594  read:
  595         39.8297County funding for guardian ad litem employees.—
  596         (1) A county and the executive director of the Statewide
  597  Guardian Ad Litem Office may enter into an agreement by which
  598  the county agrees to provide funds to the local guardian ad
  599  litem office in order to employ persons who will assist in the
  600  operation of the guardian ad litem program in the county.
  601         (2) The agreement, at a minimum, must provide that:
  602         (a) Funding for the persons who are employed will be
  603  provided on at least a fiscal-year basis.
  604         (b) The persons who are employed will be hired, supervised,
  605  managed, and terminated by the executive director of the
  606  Statewide Guardian Ad Litem Office. The statewide office is
  607  responsible for compliance with all requirements of federal and
  608  state employment laws, and shall fully indemnify the county from
  609  any liability under such laws, as authorized by s. 768.28(19),
  610  to the extent such liability is the result of the acts or
  611  omissions of the Statewide Guardian Ad Litem Office or its
  612  agents or employees.
  613         (c) The county is the employer for purposes of s. 440.10
  614  and chapter 443.
  615         (d) Employees funded by the county under this section and
  616  other county employees may be aggregated for purposes of a
  617  flexible benefits plan pursuant to s. 125 of the Internal
  618  Revenue Code of 1986.
  619         (e) Persons employed under this section may be terminated
  620  after a substantial breach of the agreement or because funding
  621  to the program has expired.
  622         (3) Persons employed under this section may not be counted
  623  in a formula or similar process used by the Statewide Guardian
  624  Ad Litem Office to measure personnel needs of a judicial
  625  circuit’s guardian ad litem program.
  626         (4) Agreements created pursuant to this section do not
  627  obligate the state to allocate funds to a county to employ
  628  persons in the guardian ad litem program.
  629         Section 7. Paragraph (b) of subsection (13) of section
  630  318.18, Florida Statutes, is amended to read:
  631         318.18 Amount of penalties.—The penalties required for a
  632  noncriminal disposition pursuant to s. 318.14 or a criminal
  633  offense listed in s. 318.17 are as follows:
  634         (13)
  635         (b) A county may impose a surcharge under subparagraph
  636  (a)1., subparagraph(a)2., or subparagraph(a)3., but may not
  637  impose more than one surcharge under this subsection. A county
  638  may elect to impose a different authorized surcharge but may not
  639  impose more than one surcharge at a time. The clerk of court
  640  shall report, no later than 30 days after the end of the
  641  quarter, the amount of funds collected under this subsection
  642  during each quarter of the fiscal year. The clerk shall submit
  643  the report, in an electronic a format developed by the Florida
  644  Clerks of Court Operations Corporation Office of State Courts
  645  Administrator, to the chief judge of the circuit and to, the
  646  Florida Clerks of Court Operations Corporation. The corporation
  647  shall submit the report in an electronic format to the Governor,
  648  the President of the Senate, the Speaker of the House of
  649  Representatives, and the board of county commissioners.
  650         Section 8. This act shall take effect July 1, 2012.