Florida Senate - 2021                                    SB 1926
       
       
        
       By Senator Gibson
       
       
       
       
       
       6-01030A-21                                           20211926__
    1                        A bill to be entitled                      
    2         An act relating to children and young adults’ fines
    3         and fees; providing a short title; amending s. 27.52,
    4         F.S., and reenacting paragraphs (5)(a), (c), (d), and
    5         (i), relating to being indigent for costs; excluding
    6         children, their parents or legal guardians, or certain
    7         young adults, when seeking appointment of a public
    8         defender, from having to apply to the clerk of the
    9         court for a determination of indigent status; waiving
   10         the required application fee for such persons;
   11         deleting provisions requiring nonindigent parents or
   12         guardians from being responsible for certain financial
   13         obligations of children or adult tax-dependent
   14         persons; amending s. 318.15, F.S.; excluding children
   15         or certain young adults from suspension of their
   16         driver licenses for failing to pay civil penalties or
   17         enter into a penalty payment plan for certain
   18         penalties; prohibiting such children or young adults
   19         from being charged specified fees; requiring the
   20         Department of Highway Safety and Motor Vehicles to
   21         immediately and automatically reinstate the driver
   22         licenses of such children or young adults; amending s.
   23         322.245, F.S.; excluding children or certain young
   24         adults charged with certain violations from suspension
   25         of their driver licenses for failing to comply with
   26         certain directives by the court and for failing to pay
   27         delinquency fees; prohibiting such children or young
   28         adults from being charged specified fees; requiring
   29         the department to immediately and automatically
   30         reinstate the driver licenses of such children or
   31         young adults; amending s. 775.083, F.S.; excluding
   32         children or certain young adults who have been
   33         convicted of certain offenses from an authorization as
   34         part of a sentence to pay a fine and, when specified
   35         in law, to pay a fine in lieu of specified
   36         punishments; excluding children or certain young
   37         adults from a requirement that court costs be assessed
   38         and collected in each instance that a defendant pleads
   39         nolo contendere to or is convicted of certain
   40         offenses; amending s. 938.01, F.S.; excluding children
   41         or certain young adults who have been convicted of
   42         certain offenses or whose adjudication is withheld
   43         from a requirement to pay a specified court cost;
   44         amending s. 938.03, F.S.; excluding children or
   45         certain young adults who have pled guilty or nolo
   46         contendere to, or who have been convicted of, certain
   47         offenses or whose adjudication is withheld from being
   48         required to pay an additional specified cost; amending
   49         s. 938.05, F.S.; excluding children or certain young
   50         adults who plead nolo contendere to certain offenses
   51         or plead guilty or nolo contendere to, or who are
   52         found guilty of, certain offenses from being required
   53         to pay a specified cost; amending s. 938.055, F.S.;
   54         excluding children or certain young adults from an
   55         authorization allowing a court to assess certain
   56         defendants a specified fee; amending s. 938.06, F.S.;
   57         excluding children or certain young adults from a
   58         requirement that a person convicted of any criminal
   59         offense be assessed a certain court cost by the county
   60         or circuit court; amending s. 938.08, F.S.; excluding
   61         children or certain young adults from a requirement
   62         that for specified violations, the court impose a
   63         certain surcharge; amending s. 938.085, F.S.;
   64         excluding children or certain young adults from a
   65         requirement that for specified violations, the court
   66         impose a certain surcharge; amending s. 938.10, F.S.;
   67         excluding children or certain young adults from a
   68         requirement that for specified violations, the court
   69         impose a certain court cost; amending s. 938.13, F.S.;
   70         excluding children or certain young adults from a
   71         requirement that for specified violations, the court
   72         impose a certain cost; amending s. 938.15, F.S.;
   73         excluding children or certain young adults from an
   74         authorization that allows municipalities and counties
   75         to assess a certain cost; amending s. 938.19, F.S.,
   76         and reenacting subsection (7), relating to teen
   77         courts; excluding children or certain young adults
   78         from an authorization, rather than a requirement, that
   79         allows the board of county commissioners, in each
   80         county in which a teen court has been created, to
   81         adopt a court cost to be assessed in specific cases;
   82         excluding children or certain young adults from a
   83         requirement that a certain court cost be assessed
   84         against each person who pleads guilty or nolo
   85         contendere to or is convicted of certain offenses;
   86         amending s. 938.23, F.S.; excluding children or
   87         certain young adults from an authorization that allows
   88         a court to impose an additional assessment in an
   89         amount up to the amount of the fine authorized for the
   90         offense; amending s. 938.27, F.S.; excluding children
   91         or certain young adults from the convicted persons who
   92         are liable for payment of specified costs; excluding
   93         children or certain young adults from the requirement
   94         of paying certain costs as a condition of being placed
   95         on probation or community control; amending s. 938.29,
   96         F.S.; excluding children or certain young adults from
   97         the defendants who are liable for a certain
   98         application fee and attorney fees and costs under
   99         certain circumstances; deleting provisions relating to
  100         a parent’s lien responsibility for costs and fees of
  101         an accused minor or an accused adult tax-dependent
  102         person; prohibiting children, their parents or legal
  103         guardians, or certain young adults from being required
  104         to reimburse specified costs or fees; amending s.
  105         939.185, F.S.; excluding children or certain young
  106         adults from an authorization that allows a board of
  107         county commissioners to adopt by ordinance an
  108         additional court cost imposed by a court when a person
  109         pleads guilty or nolo contendere to, or is found
  110         guilty of, certain offenses; conforming a provision to
  111         changes made by the act; amending s. 943.0515, F.S.;
  112         deleting a provision requiring a processing fee as
  113         part of an application for expunction of certain
  114         criminal history records of a minor; amending s.
  115         948.09, F.S.; excluding children or certain young
  116         adults from the requirement that persons ordered by
  117         the court or certain entities to be placed under
  118         supervision under specified provisions of law or in a
  119         pretrial intervention program must pay specified sums
  120         of money as a condition of being placed under such
  121         supervision or program; excluding children or certain
  122         young adults from the requirement that any person
  123         placed on misdemeanor probation by a county court pay
  124         a minimum monthly fee to the entity providing
  125         misdemeanor supervision; excluding children or certain
  126         young adults from the requirement that any person
  127         being electronically monitored by the Department of
  128         Corrections pay the department for the electronic
  129         monitoring services at a certain rate in addition to a
  130         certain cost; prohibiting children, their parents or
  131         legal guardians, or certain young adults from being
  132         required to reimburse specified costs or fees;
  133         amending s. 960.28, F.S.; excluding children or
  134         certain young adults from the requirement that
  135         defendants who plead guilty or nolo contendere to, or
  136         are convicted of, certain offenses be ordered by the
  137         court to pay restitution of a certain amount; amending
  138         s. 985.032, F.S.; prohibiting, rather than requiring,
  139         a juvenile who has been adjudicated delinquent or has
  140         adjudication of delinquency withheld from being
  141         assessed costs of prosecution; prohibiting such
  142         juveniles from being assessed the costs for any
  143         probation or diversion services; amending s. 985.033,
  144         F.S.; requiring a court to appoint counsel if a child
  145         or his or her parents or other legal guardian do not
  146         employ counsel for the child; deleting a provision
  147         providing for the determination of indigence and costs
  148         of representation; deleting an exception to the
  149         requirement that a child be represented by legal
  150         counsel at all stages of all court proceedings;
  151         specifying that representation may not be waived by
  152         the child or his or her parents or legal guardian;
  153         prohibiting children, their parents or legal
  154         guardians, or certain young adults from being required
  155         to pay certain fees, costs, or expenses if a court
  156         appoints counsel for the child or young adult;
  157         conforming provisions to changes made by the act;
  158         creating s. 985.038, F.S.; providing that, after a
  159         certain date, the balance of any court-ordered costs
  160         imposed against children, their parents or legal
  161         guardians, or certain young adults pursuant to
  162         specified provisions of law shall be unenforceable and
  163         uncollectable and on a certain date, the portion of
  164         the judgment imposing such costs is vacated; providing
  165         that after a certain date, the balance of any court
  166         ordered costs imposed pursuant to specified provisions
  167         of law which are related to the rendering of legal
  168         services to children, their parents or legal
  169         guardians, or certain young adults by an attorney
  170         shall be unenforceable and uncollectable and on a
  171         certain date, the portion of the judgment imposing
  172         those costs is vacated; providing that, after a
  173         certain date, all unsatisfied civil judgments or
  174         portions of judgments based on unpaid costs, fees,
  175         reimbursements, or other financial obligations imposed
  176         pursuant to specified provisions of law on children,
  177         their parents or legal guardians, or certain young
  178         adults are deemed to be null and void; requiring that
  179         certain procedures be designed and implemented to
  180         accomplish the vacatur and discharge of certain civil
  181         judgments by a specified date; providing that, after a
  182         certain date, all warrants issued solely based on the
  183         alleged failure of children, their parents or legal
  184         guardians, or certain young adults to pay or to appear
  185         on a court date set for the sole purpose of payment of
  186         costs, fees, reimbursements, or any other financial
  187         obligation imposed pursuant to specified provisions of
  188         law are null and void; requiring that certain
  189         procedures be designed and implemented to accomplish
  190         the rescinding and expungement of certain warrants by
  191         a specified date; requiring that, after a certain
  192         date, children, their parents or legal guardians, or
  193         certain young adults who have had their driver license
  194         suspended for nonpayment of court costs or fees
  195         pursuant to specified provisions of law immediately
  196         and automatically have their driver license reinstated
  197         by the Department of Highway Safety and Motor
  198         Vehicles; amending s. 985.039, F.S.; prohibiting a
  199         child, or a parent or legal guardian of such child,
  200         from being ordered to pay any fee under ch. 985, F.S.;
  201         deleting provisions relating to the cost of
  202         supervision and the cost of care; amending s. 985.12,
  203         F.S.; deleting a provision requiring that each
  204         judicial circuit’s civil citation or similar prearrest
  205         diversion program specify a program fee, if any, to be
  206         paid by the juvenile; amending s. 985.155, F.S.;
  207         deleting a provision authorizing a Restorative Justice
  208         Board to require a juvenile to surrender his or her
  209         driver license and either require the department to
  210         suspend the juvenile’s driving privileges or restrict
  211         his or her travel; deleting a provision that a certain
  212         contract may require a parent or guardian to post a
  213         bond payable to the state to secure the performance of
  214         certain sanctions imposed upon a juvenile; amending s.
  215         985.18, F.S.; requiring that certain costs related to
  216         taking children into custody be paid for by certain
  217         parties; prohibiting a court from ordering the
  218         parents, guardian, or other custodian to reimburse the
  219         county or state for certain expenses; amending s.
  220         985.331, F.S.; deleting a provision on how certain
  221         witnesses must be paid; repealing s. 985.514, F.S.,
  222         relating to responsibility for the cost of care and
  223         fees; amending s. 985.145, F.S.; conforming a
  224         provision to changes made by the act; reenacting ss.
  225         27.02(2), 27.51(1), 27.511(5), 27.525, 27.702(3)(b),
  226         29.0185, 57.081(1), 162.30, 392.55(4)(c), 392.56(3),
  227         900.05(3)(a), 914.11, 916.107(2)(a), 916.15(4),
  228         938.29(1)(c), 939.06(1), and 943.053(7), F.S.,
  229         relating to duties before the court; duties of the
  230         public defender; offices of criminal conflict and
  231         civil regional counsel, legislative intent,
  232         qualifications, appointment, and duties; the Indigent
  233         Criminal Defense Trust Fund; duties of the capital
  234         collateral regional counsel and reports; provision of
  235         state-funded due process services to individuals;
  236         costs and right to proceed where prepayment of costs
  237         and payment of filing fees are waived; civil actions
  238         to enforce county and municipal ordinances; physical
  239         examination and treatment; hospitalization, placement,
  240         and residential isolation; criminal justice data
  241         collection; indigent defendants; rights of forensic
  242         clients; involuntary commitment of defendant
  243         adjudicated not guilty by reason of insanity; legal
  244         assistance and lien for payment of attorney’s fees or
  245         costs; acquitted defendant not liable for costs; and
  246         dissemination of criminal justice information and
  247         fees, respectively, to incorporate the amendment made
  248         to s. 27.52, F.S., in references thereto; reenacting
  249         ss. 903.286 and 948.03(1)(j), F.S., relating to return
  250         of cash bond, requirement to withhold unpaid fines,
  251         fees, and court costs, and cash bond forms; and terms
  252         and conditions of probation, respectively, to
  253         incorporate the amendments made to ss. 27.52 and
  254         938.29, F.S., in references thereto; reenacting ss.
  255         322.29(2) and 322.34(10)(a), F.S., relating to
  256         surrender and return of license and driving while
  257         license suspended, revoked, canceled, or disqualified,
  258         respectively, to incorporate the amendments made to
  259         ss. 318.15 and 322.245, F.S., in references thereto;
  260         reenacting ss. 318.14(10)(a), 320.571, and 322.391,
  261         F.S., relating to noncriminal traffic infractions,
  262         exception, and procedures; failure of person charged
  263         with misdemeanor under this chapter to comply with
  264         court-ordered directives and suspension of license;
  265         and failure of person charged with misdemeanor under
  266         this chapter to comply with court-ordered directives
  267         and suspension of license, respectively, to
  268         incorporate the amendment made to s. 322.245, F.S., in
  269         references thereto; reenacting s. 938.15, F.S.,
  270         relating to criminal justice education for local
  271         government, to incorporate the amendment made to s.
  272         938.01, F.S., in a reference thereto; reenacting ss.
  273         318.21(10), 775.0835(2), and 960.14(2), F.S., relating
  274         to disposition of civil penalties by county courts;
  275         fines, surcharges, and Crimes Compensation Trust Fund;
  276         and manner of payment and execution or attachment,
  277         respectively, to incorporate the amendment made to s.
  278         938.03, F.S., in references thereto; reenacting ss.
  279         921.187(1)(l) and 943.361, F.S., relating to
  280         disposition and sentencing, alternatives, and
  281         restitution; and statewide criminal analysis
  282         laboratory system and funding through fine surcharges,
  283         respectively, to incorporate the amendment made to s.
  284         938.055, F.S., in references thereto; reenacting s.
  285         16.555(4)(b) and (5)(b), F.S., relating to the Crime
  286         Stoppers Trust Fund and rulemaking, to incorporate the
  287         amendment made to s. 938.06, F.S., in references
  288         thereto; reenacting s. 741.01(2), F.S., relating to
  289         county court judge or clerk of the circuit court to
  290         issue marriage license and fee, to incorporate the
  291         amendment made to s. 938.08, F.S., in a reference
  292         thereto; reenacting s. 794.055(3)(b), F.S., relating
  293         to access to services for victims of sexual battery,
  294         to incorporate the amendment made to s. 938.085, F.S.,
  295         in a reference thereto; reenacting ss. 39.3035(3) and
  296         215.22(1)(v), F.S., relating to child advocacy
  297         centers, standards, and state funding and certain
  298         income and certain trust funds exempt, to incorporate
  299         the amendment made to s. 938.10, F.S., in references
  300         thereto; reenacting ss. 318.18(11)(c) and (d),
  301         318.21(3), 327.73(11)(b), 938.01(2), and 943.25(11),
  302         F.S., relating to amount of penalties; disposition of
  303         civil penalties by county courts; noncriminal
  304         infractions; Additional Court Cost Clearing Trust
  305         Fund; and criminal justice trust funds, source of
  306         funds, and use of funds, respectively, to incorporate
  307         the amendment made to s. 938.15, F.S., in references
  308         thereto; reenacting ss. 893.165(1), (2), and (3)(a)
  309         and 921.187(1)(l), F.S., relating to county alcohol
  310         and other drug abuse treatment or education trust
  311         funds and disposition and sentencing, alternatives,
  312         and restitution, respectively, to incorporate the
  313         amendment made to s. 938.23, F.S., in references
  314         thereto; reenacting ss. 27.562, 27.702(3)(b),
  315         28.246(6), 39.0134(1) and (2)(b), 55.03(3), 938.30(9),
  316         and 947.18, F.S., relating to disposition of funds;
  317         duties of the capital collateral regional counsel and
  318         reports; payment of court-related fines or other
  319         monetary penalties, fees, charges, and costs, partial
  320         payments, and distribution of funds; appointed counsel
  321         and compensation; judgments and rate of interest,
  322         generally; financial obligations in criminal cases and
  323         supplementary proceedings; and conditions of parole,
  324         respectively, to incorporate the amendment made to s.
  325         938.29, F.S., in references thereto; reenacting s.
  326         938.17(1), (2), and (4), F.S., relating to county
  327         delinquency prevention and juvenile assessment centers
  328         and school board suspension programs, to incorporate
  329         the amendment made to s. 939.185, F.S., in references
  330         thereto; reenacting ss. 944.4731(2)(b) and (7)(b),
  331         947.1405(2), 948.01(6), 948.013(1), 948.06(5), and
  332         948.11(5), F.S., relating to Addiction-Recovery
  333         Supervision Program; conditional release program; when
  334         court may place defendant on probation or into
  335         community control; administrative probation; violation
  336         of probation or community control, revocation,
  337         modification, continuance, and failure to pay
  338         restitution or cost of supervision; and electronic
  339         monitoring devices, respectively, to incorporate the
  340         amendment made to s. 948.09, F.S., in references
  341         thereto; reenacting ss. 39.304(5), 624.128, and
  342         960.13(6)(c), F.S., relating to photographs, medical
  343         examinations, X rays, and medical treatment of abused,
  344         abandoned, or neglected child; crime victims
  345         exemption; and awards, respectively, to incorporate
  346         the amendment made to s. 960.28, F.S., in references
  347         thereto; reenacting ss. 984.09(4)(b), 984.226(2),
  348         985.037(4)(b), and 985.511, F.S., relating to
  349         punishment for contempt of court and alternative
  350         sanctions; physically secure setting; punishment for
  351         contempt of court and alternative sanctions; and costs
  352         of representation, respectively, to incorporate the
  353         amendment made to s. 985.033, F.S., in references
  354         thereto; reenacting ss. 943.051(3)(b) and
  355         985.11(1)(b), F.S., relating to criminal justice
  356         information, collection and storage, and
  357         fingerprinting and fingerprinting and photographing,
  358         respectively, to incorporate the amendment made to s.
  359         985.12, F.S., in references thereto; reenacting s.
  360         943.0582(2)(a), F.S., relating to diversion program
  361         expunction, to incorporate the amendments made to ss.
  362         985.12 and 985.155, F.S., in references thereto;
  363         reenacting ss. 790.115(4) and 985.64(2), F.S.,
  364         relating to possessing or discharging weapons or
  365         firearms at a school-sponsored event or on school
  366         property prohibited, penalties, and exceptions and
  367         rulemaking, respectively, to incorporate the amendment
  368         made to s. 985.18, F.S., in references thereto;
  369         providing an effective date.
  370          
  371  Be It Enacted by the Legislature of the State of Florida:
  372  
  373         Section 1. This act may be cited as the “Debt Free Justice
  374  for Children Act.”
  375         Section 2. Subsections (1) and (6) of section 27.52,
  376  Florida Statutes, are amended, and paragraphs (a), (c), (d), and
  377  (i) of subsection (5) are reenacted, to read:
  378         27.52 Determination of indigent status.—
  379         (1) APPLICATION TO THE CLERK.—A person, other than a child
  380  as defined in s. 985.03, including a child who is found to be
  381  dependent as defined in s. 39.01, or the child’s parents or
  382  legal guardian, or a young adult eligible for continuing care
  383  pursuant to s. 39.6251, seeking appointment of a public defender
  384  under s. 27.51 based upon an inability to pay must apply to the
  385  clerk of the court for a determination of indigent status using
  386  an application form developed by the Florida Clerks of Court
  387  Operations Corporation with final approval by the Supreme Court.
  388         (a) The application must include, at a minimum, the
  389  following financial information:
  390         1. Net income, consisting of total salary and wages, minus
  391  deductions required by law, including court-ordered support
  392  payments.
  393         2. Other income, including, but not limited to, social
  394  security benefits, union funds, veterans’ benefits, workers’
  395  compensation, other regular support from absent family members,
  396  public or private employee pensions, reemployment assistance or
  397  unemployment compensation, dividends, interest, rent, trusts,
  398  and gifts.
  399         3. Assets, including, but not limited to, cash, savings
  400  accounts, bank accounts, stocks, bonds, certificates of deposit,
  401  equity in real estate, and equity in a boat or a motor vehicle
  402  or in other tangible property.
  403         4. All liabilities and debts.
  404         5. If applicable, the amount of any bail paid for the
  405  applicant’s release from incarceration and the source of the
  406  funds.
  407  
  408  The application must include a signature by the applicant which
  409  attests to the truthfulness of the information provided. The
  410  application form developed by the corporation must include
  411  notice that the applicant may seek court review of a clerk’s
  412  determination that the applicant is not indigent, as provided in
  413  this section.
  414         (b) An applicant shall pay a $50 application fee to the
  415  clerk for each application for court-appointed counsel filed,
  416  unless the applicant is a child as defined in s. 985.03,
  417  including a child who is found to be dependent as defined in s.
  418  39.01, or the child’s parents or legal guardian, or a young
  419  adult eligible for continuing care pursuant to s. 39.6251, in
  420  which case the application fee is waived and such applicants are
  421  automatically granted indigent status. The applicant shall pay
  422  the fee within 7 days after submitting the application. If the
  423  applicant does not pay the fee before prior to the disposition
  424  of the case, the clerk shall notify the court, and the court
  425  shall:
  426         1. Assess the application fee as part of the sentence or as
  427  a condition of probation; or
  428         2. Assess the application fee pursuant to s. 938.29.
  429         (c) Notwithstanding any provision of law, court rule, or
  430  administrative order, the clerk shall assign the first $50 of
  431  any fees or costs paid by an indigent person as payment of the
  432  application fee. A person found to be indigent may not be
  433  refused counsel or other required due process services for
  434  failure to pay the fee.
  435         (d) All application fees collected by the clerk under this
  436  section shall be transferred monthly by the clerk to the
  437  Department of Revenue for deposit in the Indigent Criminal
  438  Defense Trust Fund administered by the Justice Administrative
  439  Commission, to be used as appropriated by the Legislature. The
  440  clerk may retain 2 percent of application fees collected monthly
  441  for administrative costs from which the clerk shall remit $0.20
  442  from each application fee to the Department of Revenue for
  443  deposit into the General Revenue Fund before prior to remitting
  444  the remainder to the Department of Revenue for deposit in the
  445  Indigent Criminal Defense Trust Fund.
  446         (e)1. The clerk shall assist a person who appears before
  447  the clerk and requests assistance in completing the application,
  448  and the clerk shall notify the court if a person is unable to
  449  complete the application after the clerk has provided
  450  assistance.
  451         2. If the person seeking appointment of a public defender
  452  is incarcerated, the public defender is responsible for
  453  providing the application to the person and assisting him or her
  454  in its completion and is responsible for submitting the
  455  application to the clerk on the person’s behalf. The public
  456  defender may enter into an agreement for jail employees,
  457  pretrial services employees, or employees of other criminal
  458  justice agencies to assist the public defender in performing
  459  functions assigned to the public defender under this
  460  subparagraph.
  461         (5) INDIGENT FOR COSTS.—A person who is eligible to be
  462  represented by a public defender under s. 27.51 but who is
  463  represented by private counsel not appointed by the court for a
  464  reasonable fee as approved by the court or on a pro bono basis,
  465  or who is proceeding pro se, may move the court for a
  466  determination that he or she is indigent for costs and eligible
  467  for the provision of due process services, as prescribed by ss.
  468  29.006 and 29.007, funded by the state.
  469         (a) The person must file a written motion with the court
  470  and submit to the court:
  471         1. The completed application prescribed in subsection (1).
  472         2. In the case of a person represented by counsel, an
  473  affidavit attesting to the estimated amount of attorney’s fees
  474  and the source of payment for these fees.
  475         (c) If the person did not apply for a determination of
  476  indigent status under subsection (1) in the same case and is not
  477  already liable for the application fee required under that
  478  subsection, he or she becomes liable for payment of the fee upon
  479  filing the motion with the court.
  480         (d) In reviewing the motion, the court shall consider:
  481         1. Whether the applicant applied for a determination of
  482  indigent status under subsection (1) and the outcome of such
  483  application.
  484         2. The extent to which the person’s income equals or
  485  exceeds the income criteria prescribed in subsection (2).
  486         3. The additional factors prescribed in subsection (4).
  487         4. Whether the applicant is proceeding pro se.
  488         5. When the applicant retained private counsel.
  489         6. The amount of any attorney’s fees and who is paying the
  490  fees. There is a presumption that the applicant is not indigent
  491  for costs if the amount of attorney’s fees exceeds $5,000 for a
  492  noncapital case or $25,000 for a capital case in which the state
  493  is seeking the death penalty. To overcome this presumption, the
  494  applicant has the burden to show through clear and convincing
  495  evidence that the fees are reasonable based on the nature and
  496  complexity of the case. In determining the reasonableness of the
  497  fees, the court shall consider the amount that a private court
  498  appointed attorney paid by the state would receive for providing
  499  representation for that type of case.
  500         (i) A defendant who is found guilty of a criminal act by a
  501  court or jury or enters a plea of guilty or nolo contendere and
  502  who received due process services after being found indigent for
  503  costs under this subsection is liable for payment of due process
  504  costs expended by the state.
  505         1. The attorney representing the defendant, or the
  506  defendant if he or she is proceeding pro se, shall provide an
  507  accounting to the court delineating all costs paid or to be paid
  508  by the state within 90 days after disposition of the case
  509  notwithstanding any appeals.
  510         2. The court shall issue an order determining the amount of
  511  all costs paid by the state and any costs for which prepayment
  512  was waived under this section or s. 57.081. The clerk shall
  513  cause a certified copy of the order to be recorded in the
  514  official records of the county, at no cost. The recording
  515  constitutes a lien against the person in favor of the state in
  516  the county in which the order is recorded. The lien may be
  517  enforced in the same manner prescribed in s. 938.29.
  518         3. If the attorney or the pro se defendant fails to provide
  519  a complete accounting of costs expended by the state and
  520  consequently costs are omitted from the lien, the attorney or
  521  pro se defendant may not receive reimbursement or any other form
  522  of direct or indirect payment for those costs if the state has
  523  not paid the costs. The attorney or pro se defendant shall repay
  524  the state for those costs if the state has already paid the
  525  costs. The clerk of the court may establish a payment plan under
  526  s. 28.246 and may charge the attorney or pro se defendant a one
  527  time administrative processing charge under s. 28.24(26)(c).
  528         (6) DUTIES OF PARENT OR LEGAL GUARDIAN.—A nonindigent
  529  parent or legal guardian of an applicant who is a minor or an
  530  adult tax-dependent person shall furnish the minor or adult tax
  531  dependent person with the necessary legal services and costs
  532  incident to a delinquency proceeding or, upon transfer of such
  533  person for criminal prosecution as an adult pursuant to chapter
  534  985, a criminal prosecution in which the person has a right to
  535  legal counsel under the Constitution of the United States or the
  536  Constitution of the State of Florida. The failure of a parent or
  537  legal guardian to furnish legal services and costs under this
  538  section does not bar the appointment of legal counsel pursuant
  539  to this section, s. 27.40, or s. 27.5303. When the public
  540  defender, the office of criminal conflict and civil regional
  541  counsel, a private court-appointed conflict counsel, or a
  542  private attorney is appointed to represent a minor or an adult
  543  tax-dependent person in any proceeding in circuit court or in a
  544  criminal proceeding in any other court, the parents or the legal
  545  guardian shall be liable for payment of the fees, charges, and
  546  costs of the representation even if the person is a minor being
  547  tried as an adult. Liability for the fees, charges, and costs of
  548  the representation shall be imposed in the form of a lien
  549  against the property of the nonindigent parents or legal
  550  guardian of the minor or adult tax-dependent person. The lien is
  551  enforceable as provided in s. 27.561 or s. 938.29.
  552         Section 3. Paragraph (a) of subsection (1) of section
  553  318.15, Florida Statutes, is amended, and subsection (4) is
  554  added to that section, to read:
  555         318.15 Failure to comply with civil penalty or to appear;
  556  penalty.—
  557         (1)(a) If a person, other than a child as defined in s.
  558  985.03, including a child who is found to be dependent as
  559  defined in s. 39.01, or a young adult eligible for continuing
  560  care pursuant to s. 39.6251, fails to comply with the civil
  561  penalties provided in s. 318.18 within the time period specified
  562  in s. 318.14(4), fails to enter into or comply with the terms of
  563  a penalty payment plan with the clerk of the court in accordance
  564  with ss. 318.14 and 28.246, fails to attend driver improvement
  565  school, or fails to appear at a scheduled hearing, the clerk of
  566  the court shall notify the Department of Highway Safety and
  567  Motor Vehicles of such failure within 10 days after such
  568  failure. Upon receipt of such notice, the department shall
  569  immediately issue an order suspending the driver license and
  570  privilege to drive of such person effective 20 days after the
  571  date the order of suspension is mailed in accordance with s.
  572  322.251(1), (2), and (6). Any such suspension of the driving
  573  privilege which has not been reinstated, including a similar
  574  suspension imposed outside Florida, shall remain on the records
  575  of the department for a period of 7 years from the date imposed
  576  and shall be removed from the records after the expiration of 7
  577  years from the date it is imposed. The department may not accept
  578  the resubmission of such suspension.
  579         (4)A child as defined in s. 985.03, including a child who
  580  is found to be dependent as defined in s. 39.01, or a young
  581  adult eligible for continuing care pursuant to s. 39.6251 may
  582  not be charged any fees under this section, and any such child
  583  or young adult who has had his or her driver license suspended
  584  solely for nonpayment of any fee under this section shall have
  585  his or her driver license immediately and automatically
  586  reinstated by the department.
  587         Section 4. Subsection (1) of section 322.245, Florida
  588  Statutes, is amended, and subsection (6) is added to that
  589  section, to read:
  590         322.245 Suspension of license upon failure of person
  591  charged with specified offense under chapter 316, chapter 320,
  592  or this chapter to comply with directives ordered by traffic
  593  court or upon failure to pay child support in non-IV-D cases as
  594  provided in chapter 61 or failure to pay any financial
  595  obligation in any other criminal case.—
  596         (1) If a person, other than a child as defined in s.
  597  985.03, including a child who is found to be dependent as
  598  defined in s. 39.01, or a young adult eligible for continuing
  599  care pursuant to s. 39.6251, charged with a violation of any of
  600  the criminal offenses enumerated in s. 318.17 or with the
  601  commission of any offense constituting a misdemeanor under
  602  chapter 320 or this chapter fails to comply with all of the
  603  directives of the court within the time allotted by the court,
  604  the clerk of the traffic court shall mail to the person, at the
  605  address specified on the uniform traffic citation, a notice of
  606  such failure, notifying him or her that, if he or she does not
  607  comply with the directives of the court within 30 days after the
  608  date of the notice and pay a delinquency fee of up to $25 to the
  609  clerk, from which the clerk shall remit $10 to the Department of
  610  Revenue for deposit into the General Revenue Fund, his or her
  611  driver license will be suspended. The notice shall be mailed no
  612  later than 5 days after such failure. The delinquency fee may be
  613  retained by the office of the clerk to defray the operating
  614  costs of the office.
  615         (6)A child as defined in s. 985.03, including a child who
  616  is found to be dependent as defined in s. 39.01, or a young
  617  adult eligible for continuing care pursuant to s. 39.6251 may
  618  not be charged any fees under this section, and any such child
  619  or young adult who has had his or her driver license suspended
  620  solely for nonpayment of any fee under this section shall have
  621  his or her driver license immediately and automatically
  622  reinstated by the department.
  623         Section 5. Subsections (1) and (2) of section 775.083,
  624  Florida Statutes, are amended to read:
  625         775.083 Fines.—
  626         (1) A person, other than a child as defined in s. 985.03,
  627  including a child who is found to be dependent as defined in s.
  628  39.01, or a young adult eligible for continuing care pursuant to
  629  s. 39.6251, who has been convicted of an offense other than a
  630  capital felony may be sentenced to pay a fine in addition to any
  631  punishment described in s. 775.082; when specifically authorized
  632  by statute, he or she may be sentenced to pay a fine in lieu of
  633  any punishment described in s. 775.082. A person who has been
  634  convicted of a noncriminal violation may be sentenced to pay a
  635  fine. Fines for designated crimes and for noncriminal violations
  636  may shall not exceed:
  637         (a) $15,000, when the conviction is of a life felony.
  638         (b) $10,000, when the conviction is of a felony of the
  639  first or second degree.
  640         (c) $5,000, when the conviction is of a felony of the third
  641  degree.
  642         (d) $1,000, when the conviction is of a misdemeanor of the
  643  first degree.
  644         (e) $500, when the conviction is of a misdemeanor of the
  645  second degree or a noncriminal violation.
  646         (f) Any higher amount equal to double the pecuniary gain
  647  derived from the offense by the offender or double the pecuniary
  648  loss suffered by the victim.
  649         (g) Any higher amount specifically authorized by statute.
  650  
  651  Fines imposed in this subsection shall be deposited by the clerk
  652  of the court in the fine and forfeiture fund established
  653  pursuant to s. 142.01. If a defendant is unable to pay a fine,
  654  the court may defer payment of the fine to a date certain. As
  655  used in this subsection, the term “convicted” or “conviction”
  656  means a determination of guilt which is the result of a trial or
  657  the entry of a plea of guilty or nolo contendere, regardless of
  658  whether adjudication is withheld.
  659         (2) In addition to the fines set forth in subsection (1),
  660  court costs shall be assessed and collected in each instance a
  661  defendant, other than a child as defined in s. 985.03, including
  662  a child who is found to be dependent as defined in s. 39.01, or
  663  a young adult eligible for continuing care pursuant to s.
  664  39.6251, pleads nolo contendere to, or is convicted of, or
  665  adjudicated delinquent for, a felony, a misdemeanor, or a
  666  criminal traffic offense under state law, or a violation of any
  667  municipal or county ordinance if the violation constitutes a
  668  misdemeanor under state law. The court costs imposed by this
  669  section shall be $50 for a felony and $20 for any other offense
  670  and shall be deposited by the clerk of the court into an
  671  appropriate county account for disbursement for the purposes
  672  provided in this subsection. A county shall account for the
  673  funds separately from other county funds as crime prevention
  674  funds. The county, in consultation with the sheriff, must expend
  675  such funds for crime prevention programs in the county,
  676  including safe neighborhood programs under ss. 163.501-163.523.
  677         Section 6. Subsection (1) of section 938.01, Florida
  678  Statutes, is amended to read:
  679         938.01 Additional Court Cost Clearing Trust Fund.—
  680         (1) All courts created by Art. V of the State Constitution
  681  shall, in addition to any fine or other penalty, require every
  682  person, other than a child as defined in s. 985.03, including a
  683  child who is found to be dependent as defined in s. 39.01, or a
  684  young adult eligible for continuing care pursuant to s. 39.6251,
  685  convicted for violation of a state penal or criminal statute or
  686  convicted for violation of a municipal or county ordinance to
  687  pay $3 as a court cost. Any person, other than a child as
  688  defined in s. 985.03, including a child who is found to be
  689  dependent as defined in s. 39.01, or a young adult eligible for
  690  continuing care pursuant to s. 39.6251, whose adjudication is
  691  withheld pursuant to the provisions of s. 318.14(9) or (10)
  692  shall also be liable for payment of such cost. In addition, $3
  693  from every bond estreature or forfeited bail bond related to
  694  such penal statutes or penal ordinances shall be remitted to the
  695  Department of Revenue as described in this subsection. However,
  696  no such assessment may be made against any person convicted for
  697  violation of any state statute, municipal ordinance, or county
  698  ordinance relating to the parking of vehicles.
  699         (a) All costs collected by the courts pursuant to this
  700  subsection shall be remitted to the Department of Revenue in
  701  accordance with administrative rules adopted by the executive
  702  director of the Department of Revenue for deposit in the
  703  Additional Court Cost Clearing Trust Fund. These funds and the
  704  funds deposited in the Additional Court Cost Clearing Trust Fund
  705  pursuant to s. 318.21(2)(c) shall be distributed as follows:
  706         1. Ninety-two percent to the Department of Law Enforcement
  707  Criminal Justice Standards and Training Trust Fund.
  708         2. Six and three-tenths percent to the Department of Law
  709  Enforcement Operating Trust Fund for the Criminal Justice Grant
  710  Program.
  711         3. One and seven-tenths percent to the Department of
  712  Children and Families Domestic Violence Trust Fund for the
  713  domestic violence program pursuant to s. 39.903(1).
  714         (b) All funds in the Department of Law Enforcement Criminal
  715  Justice Standards and Training Trust Fund shall be disbursed
  716  only in compliance with s. 943.25(8).
  717         Section 7. Subsection (1) of section 938.03, Florida
  718  Statutes, is amended to read:
  719         938.03 Crimes Compensation Trust Fund.—
  720         (1) Any person, other than a child as defined in s. 985.03,
  721  including a child who is found to be dependent as defined in s.
  722  39.01, or a young adult eligible for continuing care pursuant to
  723  s. 39.6251, pleading guilty or nolo contendere to, or being
  724  convicted of or adjudicated delinquent for, any felony,
  725  misdemeanor, delinquent act, or criminal traffic offense under
  726  the laws of this state or the violation of any municipal or
  727  county ordinance which adopts by reference any misdemeanor under
  728  state law, shall pay as an additional cost in the case, in
  729  addition and before prior to any other cost required to be
  730  imposed by law, the sum of $50. Any person, other than a child
  731  as defined in s. 985.03, including a child who is found to be
  732  dependent as defined in s. 39.01, or a young adult eligible for
  733  continuing care pursuant to s. 39.6251, whose adjudication is
  734  withheld shall also be assessed such cost.
  735         Section 8. Subsection (1) of section 938.05, Florida
  736  Statutes, is amended to read:
  737         938.05 Additional court costs for felonies, misdemeanors,
  738  and criminal traffic offenses.—
  739         (1) Any person, other than a child as defined in s. 985.03,
  740  including a child who is found to be dependent as defined in s.
  741  39.01, or a young adult eligible for continuing care pursuant to
  742  s. 39.6251, pleading nolo contendere to a misdemeanor or
  743  criminal traffic offense under s. 318.14(10)(a) or pleading
  744  guilty or nolo contendere to, or being found guilty of, any
  745  felony, misdemeanor, or criminal traffic offense under the laws
  746  of this state or the violation of any municipal or county
  747  ordinance which adopts by reference any misdemeanor under state
  748  law, shall pay as a cost in the case, in addition to any other
  749  cost required to be imposed by law, a sum in accordance with the
  750  following schedule:
  751         (a) Felonies: $225, from which the clerk shall remit $25 to
  752  the Department of Revenue for deposit into the General Revenue
  753  Fund.
  754         (b) Misdemeanors: $60, from which the clerk shall remit $10
  755  to the Department of Revenue for deposit into the General
  756  Revenue Fund.
  757         (c) Criminal traffic offenses: $60, from which the clerk
  758  shall remit $10 to the Department of Revenue for deposit into
  759  the General Revenue Fund.
  760         Section 9. Section 938.055, Florida Statutes, is amended to
  761  read:
  762         938.055 Operating Trust Fund of the Department of Law
  763  Enforcement.—Notwithstanding any other law, the court may assess
  764  a defendant, other than a child as defined in s. 985.03,
  765  including a child who is found to be dependent as defined in s.
  766  39.01, or a young adult eligible for continuing care pursuant to
  767  s. 39.6251, who pleads guilty or nolo contendere to, or is
  768  convicted of, a violation of any provision of chapters 775-896,
  769  without regard to whether adjudication was withheld, in addition
  770  to any fine and other penalty provided or authorized by law, an
  771  amount of $100, to be paid to the clerk of the court, who shall
  772  forward it to the Department of Revenue for deposit in the
  773  Operating Trust Fund of the Department of Law Enforcement to be
  774  used by the statewide criminal analysis laboratory system for
  775  the purposes specified in s. 943.361. This amount shall be
  776  assessed if the services of a local county-operated crime
  777  laboratory enumerated in s. 943.35(1) are used in connection
  778  with the investigation or prosecution of a violation of any
  779  provision of chapters 775-896.
  780         Section 10. Subsection (1) of section 938.06, Florida
  781  Statutes, is amended to read:
  782         938.06 Cost for crime stoppers programs.—
  783         (1) In addition to any fine prescribed by law, when a
  784  person, other than a child as defined in s. 985.03, including a
  785  child who is found to be dependent as defined in s. 39.01, or a
  786  young adult eligible for continuing care pursuant to s. 39.6251,
  787  is convicted of any criminal offense, the county or circuit
  788  court shall assess a court cost of $20.
  789         Section 11. Section 938.08, Florida Statutes, is amended to
  790  read:
  791         938.08 Additional cost to fund programs in domestic
  792  violence.—In addition to any sanction imposed upon a person,
  793  other than a child as defined in s. 985.03, including a child
  794  who is found to be dependent as defined in s. 39.01, or a young
  795  adult eligible for continuing care pursuant to s. 39.6251, for a
  796  violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s.
  797  784.045, s. 784.048, s. 784.07, s. 784.08, s. 784.081, s.
  798  784.082, s. 784.083, s. 784.085, s. 794.011, or for any offense
  799  of domestic violence described in s. 741.28, the court shall
  800  impose a surcharge of $201. Payment of the surcharge shall be a
  801  condition of probation, community control, or any other court
  802  ordered supervision. The sum of $85 of the surcharge shall be
  803  deposited into the Domestic Violence Trust Fund established in
  804  s. 741.01. The clerk of the court shall retain $1 of each
  805  surcharge that the clerk of the court collects as a service
  806  charge of the clerk’s office. The remainder of the surcharge
  807  shall be provided to the governing board of the county and must
  808  be used only to defray the costs of incarcerating persons
  809  sentenced under s. 741.283 and provide additional training to
  810  law enforcement personnel in combating domestic violence.
  811         Section 12. Section 938.085, Florida Statutes, is amended
  812  to read:
  813         938.085 Additional cost to fund rape crisis centers.—In
  814  addition to any sanction imposed when a person, other than a
  815  child as defined in s. 985.03, including a child who is found to
  816  be dependent as defined in s. 39.01, or a young adult eligible
  817  for continuing care pursuant to s. 39.6251, pleads guilty or
  818  nolo contendere to, or is found guilty of, regardless of
  819  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
  820  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
  821  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
  822  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
  823  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
  824  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
  825  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
  826  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
  827  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
  828  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
  829  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
  830  $151. Payment of the surcharge shall be a condition of
  831  probation, community control, or any other court-ordered
  832  supervision. The sum of $150 of the surcharge shall be deposited
  833  into the Rape Crisis Program Trust Fund established within the
  834  Department of Health by chapter 2003-140, Laws of Florida. The
  835  clerk of the court shall retain $1 of each surcharge that the
  836  clerk of the court collects as a service charge of the clerk’s
  837  office.
  838         Section 13. Subsection (1) of section 938.10, Florida
  839  Statutes, is amended to read:
  840         938.10 Additional court cost imposed in cases of certain
  841  crimes.—
  842         (1) If a person, other than a child as defined in s.
  843  985.03, including a child who is found to be dependent as
  844  defined in s. 39.01, or a young adult eligible for continuing
  845  care pursuant to s. 39.6251, pleads guilty or nolo contendere
  846  to, or is found guilty of, regardless of adjudication, any
  847  offense against a minor in violation of s. 784.085, chapter 787,
  848  chapter 794, former s. 796.03, former s. 796.035, s. 800.04,
  849  chapter 827, s. 847.012, s. 847.0133, s. 847.0135(5), s.
  850  847.0138, s. 847.0145, s. 893.147(3), or s. 985.701, or any
  851  offense in violation of s. 775.21, s. 823.07, s. 847.0125, s.
  852  847.0134, or s. 943.0435, the court shall impose a court cost of
  853  $151 against the offender in addition to any other cost or
  854  penalty required by law.
  855         Section 14. Paragraph (a) of subsection (1) of section
  856  938.13, Florida Statutes, is amended to read:
  857         938.13 Misdemeanor convictions involving drugs or alcohol.—
  858         (1)(a) When any person, other than a child as defined in s.
  859  985.03, including a child who is found to be dependent as
  860  defined in s. 39.01, or a young adult eligible for continuing
  861  care pursuant to s. 39.6251, on or after October 1, 1988, is
  862  found guilty of any misdemeanor under the laws of this state in
  863  which the unlawful use of drugs or alcohol is involved, there
  864  shall be imposed an additional cost in the case, in addition to
  865  any other cost required to be imposed by law, in the sum of $15.
  866  Under no condition shall a political subdivision be held liable
  867  for the payment of such sum.
  868         Section 15. Section 938.15, Florida Statutes, is amended to
  869  read:
  870         938.15 Criminal justice education for local government.—In
  871  addition to the costs provided for in s. 938.01, municipalities
  872  and counties may assess upon a person, other than a child as
  873  defined in s. 985.03, including a child who is found to be
  874  dependent as defined in s. 39.01, or a young adult eligible for
  875  continuing care pursuant to s. 39.6251, an additional $2 for
  876  expenditures for criminal justice education degree programs and
  877  training courses, including basic recruit training, for their
  878  respective officers and employing agency support personnel,
  879  provided such education degree programs and training courses are
  880  approved by the employing agency administrator, on a form
  881  provided by the Criminal Justice Standards and Training
  882  Commission, for local funding.
  883         (1) Workshops, meetings, conferences, and conventions
  884  shall, on a form approved by the Criminal Justice Standards and
  885  Training Commission for use by the employing agency, be
  886  individually approved by the employing agency administrator
  887  before prior to attendance. The form shall include, but not be
  888  limited to, a demonstration by the employing agency of the
  889  purpose of the workshop, meeting, conference, or convention; the
  890  direct relationship of the training to the officer’s job; the
  891  direct benefits the officer and agency will receive; and all
  892  anticipated costs.
  893         (2) The Criminal Justice Standards and Training Commission
  894  may inspect and copy the documentation of independent audits
  895  conducted of the municipalities and counties which make such
  896  assessments to ensure that such assessments have been made and
  897  that expenditures are in conformance with the requirements of
  898  this subsection and with other applicable procedures.
  899         Section 16. Subsections (1) and (2) of section 938.19,
  900  Florida Statutes, are amended, and subsection (7) of that
  901  section is reenacted, to read:
  902         938.19 Teen courts.—
  903         (1) Notwithstanding s. 318.121, in each county in which a
  904  teen court has been created, the board of county commissioners
  905  may adopt a mandatory court cost to be assessed upon persons,
  906  other than a child as defined in s. 985.03, including a child
  907  who is found to be dependent as defined in s. 39.01, or a young
  908  adult eligible for continuing care pursuant to s. 39.6251, in
  909  specific cases by incorporating by reference the provisions of
  910  this section in a county ordinance. Assessments collected by the
  911  clerk of the circuit court under this section shall be deposited
  912  into an account specifically for the operation and
  913  administration of the teen court.
  914         (2) A sum of up to $3 shall be assessed as a court cost in
  915  the circuit and county court in the county against each person,
  916  other than a child as defined in s. 985.03, including a child
  917  who is found to be dependent as defined in s. 39.01, or a young
  918  adult eligible for continuing care pursuant to s. 39.6251, who
  919  pleads guilty or nolo contendere to, or is convicted of,
  920  regardless of adjudication, or adjudicated delinquent for a
  921  violation of a criminal law, a delinquent act, or a municipal or
  922  county ordinance, or who pays a fine or civil penalty for any
  923  violation of chapter 316. Any person, other than a child as
  924  defined in s. 985.03, including a child who is found to be
  925  dependent as defined in s. 39.01, or a young adult eligible for
  926  continuing care pursuant to s. 39.6251, whose adjudication is
  927  withheld under s. 318.14(9) or (10) shall also be assessed the
  928  cost.
  929         (7) A teen court administered in a county that adopts an
  930  ordinance to assess court costs under this section may not
  931  receive court costs collected under s. 939.185(1)(a)4.
  932         Section 17. Subsection (1) of section 938.23, Florida
  933  Statutes, is amended to read:
  934         938.23 Assistance grants for alcohol and other drug abuse
  935  programs.—
  936         (1) In addition to any fine imposed by law for any criminal
  937  offense upon a person, other than a child as defined in s.
  938  985.03, including a child who is found to be dependent as
  939  defined in s. 39.01, or a young adult eligible for continuing
  940  care pursuant to s. 39.6251, under chapter 893 or for any
  941  criminal violation of s. 316.193, s. 856.011, s. 856.015, or
  942  chapter 562, chapter 567, or chapter 568, the court is shall be
  943  authorized, pursuant to the requirements of s. 938.21, to impose
  944  an additional assessment in an amount up to the amount of the
  945  fine authorized for the offense. Such additional assessments
  946  shall be deposited for the purpose of providing assistance
  947  grants to drug abuse treatment or alcohol treatment or education
  948  programs as provided in s. 893.165.
  949         Section 18. Subsections (1) and (3) of section 938.27,
  950  Florida Statutes, are amended to read:
  951         938.27 Judgment for costs of prosecution and
  952  investigation.—
  953         (1) In all criminal and violation-of-probation or
  954  community-control cases, convicted persons, other than a child
  955  as defined in s. 985.03, including a child who is found to be
  956  dependent as defined in s. 39.01, or the child’s parents or
  957  legal guardian, or a young adult eligible for continuing care
  958  pursuant to s. 39.6251, are liable for payment of the costs of
  959  prosecution, including investigative costs incurred by law
  960  enforcement agencies, by fire departments for arson
  961  investigations, and by investigations of the Department of
  962  Financial Services or the Office of Financial Regulation of the
  963  Financial Services Commission, if requested by such agencies.
  964  The court shall include these costs in every judgment rendered
  965  against the convicted person. For purposes of this section,
  966  “convicted” means a determination of guilt, or of violation of
  967  probation or community control, which is a result of a plea,
  968  trial, or violation proceeding, regardless of whether
  969  adjudication is withheld.
  970         (3) If a defendant, other than a child as defined in s.
  971  985.03, including a child who is found to be dependent as
  972  defined in s. 39.01, or a young adult eligible for continuing
  973  care pursuant to s. 39.6251, is placed on probation or community
  974  control, payment of any costs under this section shall be a
  975  condition of such probation or community control. The court may
  976  revoke probation or community control if the defendant fails to
  977  pay these costs.
  978         Section 19. Section 938.29, Florida Statutes, is amended to
  979  read:
  980         938.29 Legal assistance; lien for payment of attorney
  981  attorney’s fees or costs.—
  982         (1)(a) A defendant, other than a child as defined in s.
  983  985.03, including a child who is found to be dependent as
  984  defined in s. 39.01, or a young adult eligible for continuing
  985  care pursuant to s. 39.6251, who is convicted of a criminal act
  986  or a violation of probation or community control and who has
  987  received the assistance of the public defender’s office, a
  988  special assistant public defender, the office of criminal
  989  conflict and civil regional counsel, or a private conflict
  990  attorney, or who has received due process services after being
  991  found indigent for costs under s. 27.52, shall be liable for
  992  payment of the assessed application fee under s. 27.52 and
  993  attorney attorney’s fees and costs. Attorney Attorney’s fees and
  994  costs shall be set in all cases at no less than $50 per case
  995  when a misdemeanor or criminal traffic offense is charged and no
  996  less than $100 per case when a felony offense is charged,
  997  including a proceeding in which the underlying offense is a
  998  violation of probation or community control. The court may set a
  999  higher amount upon a showing of sufficient proof of higher fees
 1000  or costs incurred. For purposes of this section, “convicted”
 1001  means a determination of guilt, or of violation of probation or
 1002  community control, which is a result of a plea, trial, or
 1003  violation proceeding, regardless of whether adjudication is
 1004  withheld. The court shall include these fees and costs in every
 1005  judgment rendered against the convicted person.
 1006         (b) Upon entering a judgment of conviction, the defendant
 1007  shall be liable to pay the attorney attorney’s fees and costs in
 1008  full after the judgment of conviction becomes final. The court
 1009  shall impose the attorney attorney’s fees and costs
 1010  notwithstanding the defendant’s present ability to pay.
 1011         (c) The defendant shall pay the application fee under s.
 1012  27.52(1)(b) and attorney attorney’s fees and costs in full or in
 1013  installments, at the time or times specified. The court may
 1014  order payment of the assessed application fee and attorney
 1015  attorney’s fees and costs as a condition of probation, of
 1016  suspension of sentence, or of withholding the imposition of
 1017  sentence. All funds collected under this section shall be
 1018  distributed as provided in s. 27.562.
 1019         (2)(a) There is created in the name of the state a lien,
 1020  enforceable as hereinafter provided, upon all the property, both
 1021  real and personal, of any person who:
 1022         1. has received any assistance from any public defender of
 1023  the state, from any special assistant public defender, from any
 1024  office of criminal conflict and civil regional counsel, or from
 1025  any private conflict attorney, or who has received due process
 1026  services after being found indigent for costs; or
 1027         2. Is a parent of an accused minor or an accused adult tax
 1028  dependent person who is being, or has been, represented by any
 1029  public defender of the state, by any special assistant public
 1030  defender, by any office of criminal conflict and civil regional
 1031  counsel, or by a private conflict attorney, or who is receiving
 1032  or has received due process services after being found indigent
 1033  for costs.
 1034  
 1035  Such lien constitutes a claim against the defendant-recipient or
 1036  parent and his or her estate, enforceable according to law.
 1037         (b) A judgment showing the name and residence of the
 1038  defendant-recipient or parent shall be recorded in the public
 1039  record, without cost, by the clerk of the circuit court in the
 1040  county where the defendant-recipient or parent resides and in
 1041  each county in which such defendant-recipient or parent then
 1042  owns or later acquires any property. Such judgments shall be
 1043  enforced on behalf of the state by the clerk of the circuit
 1044  court of the county in which assistance was rendered. The lien
 1045  against a parent shall remain in force notwithstanding the child
 1046  becoming emancipated or the child reaching the age of majority.
 1047         (3) The clerk of the circuit court within the county
 1048  wherein the defendant-recipient was tried or received the
 1049  services of a public defender, special assistant public
 1050  defender, office of criminal conflict and civil regional
 1051  counsel, or appointed private legal counsel, or received due
 1052  process services after being found indigent for costs, shall
 1053  enforce, satisfy, compromise, settle, subordinate, release, or
 1054  otherwise dispose of any debt or lien imposed under this
 1055  section. A defendant-recipient or parent, liable to pay attorney
 1056  attorney’s fees or costs and who is not in willful default in
 1057  the payment thereof, may, at any time, petition the court which
 1058  entered the order for deferral of the payment of attorney
 1059  attorney’s fees or costs or of any unpaid portion thereof.
 1060         (4) No lien thus created shall be foreclosed upon the
 1061  homestead of such defendant-recipient or parent, nor shall any
 1062  defendant-recipient or parent liable for payment of attorney
 1063  attorney’s fees or costs be denied any of the protections
 1064  afforded any other civil judgment debtor.
 1065         (5) The court having jurisdiction of the defendant
 1066  recipient shall, at such stage of the proceedings as the court
 1067  may deem appropriate, determine the value of the services of the
 1068  public defender, special assistant public defender, office of
 1069  criminal conflict and civil regional counsel, or appointed
 1070  private legal counsel and costs, at which time the defendant
 1071  recipient or parent, after adequate notice thereof, shall have
 1072  opportunity to be heard and offer objection to the
 1073  determination, and to be represented by counsel, with due
 1074  opportunity to exercise and be accorded the procedures and
 1075  rights provided in the laws and court rules pertaining to civil
 1076  cases at law.
 1077         (6)A defendant who is a child as defined in s. 985.03,
 1078  including a child who is found to be dependent as defined in s.
 1079  39.01, or the child’s parents or legal guardian, or a young
 1080  adult eligible for continuing care pursuant to s. 39.6251 may
 1081  not be required to reimburse the costs or pay the fees for the
 1082  services of a public defender, of a special assistant public
 1083  defender, of the office of criminal conflict and civil regional
 1084  counsel, or of appointed private legal counsel or for received
 1085  due process services, nor shall any such child, parent or legal
 1086  guardian of such child, or young adult be required to pay the
 1087  application fee pursuant to s. 27.52.
 1088         Section 20. Paragraphs (a) and (b) of subsection (1) and
 1089  subsection (2) of section 939.185, Florida Statutes, are amended
 1090  to read:
 1091         939.185 Assessment of additional court costs and
 1092  surcharges.—
 1093         (1)(a) The board of county commissioners may adopt by
 1094  ordinance an additional court cost, not to exceed $65, to be
 1095  imposed by the court when a person, other than a child as
 1096  defined in s. 985.03, including a child who is found to be
 1097  dependent as defined in s. 39.01, or a young adult eligible for
 1098  continuing care pursuant to s. 39.6251, pleads guilty or nolo
 1099  contendere to, or is found guilty of, or adjudicated delinquent
 1100  for, any felony, misdemeanor, delinquent act, or criminal
 1101  traffic offense under the laws of this state. Such additional
 1102  assessment shall be accounted for separately by the county in
 1103  which the offense occurred and be used only in the county
 1104  imposing this cost, to be allocated as follows:
 1105         1. Twenty-five percent of the amount collected shall be
 1106  allocated to fund innovations, as determined by the chief judge
 1107  of the circuit, to supplement state funding for the elements of
 1108  the state courts system identified in s. 29.004 and county
 1109  funding for local requirements under s. 29.008(2)(a)2.
 1110         2. Twenty-five percent of the amount collected shall be
 1111  allocated to assist counties in providing legal aid programs
 1112  required under s. 29.008(3)(a).
 1113         3. Twenty-five percent of the amount collected shall be
 1114  allocated to fund personnel and legal materials for the public
 1115  as part of a law library.
 1116         4. Twenty-five percent of the amount collected shall be
 1117  used as determined by the board of county commissioners to
 1118  support teen court programs, except as provided in s. 938.19(7),
 1119  juvenile assessment centers, and other juvenile alternative
 1120  programs.
 1121  
 1122  Each county receiving funds under this section shall report the
 1123  amount of funds collected pursuant to this section and an
 1124  itemized list of expenditures for all authorized programs and
 1125  activities. The report shall be submitted in a format developed
 1126  by the Supreme Court to the Governor, the Chief Financial
 1127  Officer, the President of the Senate, and the Speaker of the
 1128  House of Representatives on a quarterly basis beginning with the
 1129  quarter ending September 30, 2004. Quarterly reports shall be
 1130  submitted no later than 30 days after the end of the quarter.
 1131  Any unspent funds at the close of the county fiscal year
 1132  allocated under subparagraphs 2., 3., and 4., shall be
 1133  transferred for use pursuant to subparagraph 1.
 1134         (b) In addition to the court costs imposed under paragraph
 1135  (a) and any other cost, fine, or penalty imposed by law, any
 1136  unit of local government which is consolidated as provided by s.
 1137  9, Art. VIII of the State Constitution of 1885, as preserved by
 1138  s. 6(e), Art. VIII of the State Constitution of 1968, and which
 1139  is granted the authority in the State Constitution to exercise
 1140  all the powers of a municipal corporation, and any unit of local
 1141  government operating under a home rule charter adopted pursuant
 1142  to ss. 10, 11, and 24, Art. VIII of the State Constitution of
 1143  1885, as preserved by s. 6(e), Art. VIII of the State
 1144  Constitution of 1968, which is granted the authority in the
 1145  State Constitution to exercise all the powers conferred now or
 1146  hereafter by general law upon municipalities, may impose by
 1147  ordinance a surcharge in the amount of $85 to be imposed by the
 1148  court when a person, other than a child as defined in s. 985.03,
 1149  including a child who is found to be dependent as defined in s.
 1150  39.01, or a young adult eligible for continuing care pursuant to
 1151  s. 39.6251, pleads guilty or nolo contendere to, or is found
 1152  guilty of, or adjudicated delinquent for, any felony,
 1153  misdemeanor, delinquent act, or criminal traffic offense under
 1154  the laws of this state. Revenue from the surcharge shall be
 1155  transferred to such unit of local government for the purpose of
 1156  replacing fine revenue deposited into the clerk’s fine and
 1157  forfeiture fund under s. 142.01. Proceeds from the imposition of
 1158  the surcharge authorized in this paragraph may shall not be used
 1159  for the purpose of securing payment of the principal and
 1160  interest on bonds.
 1161         (2) The court shall order a person, other than a child as
 1162  defined in s. 985.03, including a child who is found to be
 1163  dependent as defined in s. 39.01, or a young adult eligible for
 1164  continuing care pursuant to s. 39.6251, to pay the additional
 1165  court cost. If the person is determined to be indigent, the
 1166  clerk shall defer payment of this cost.
 1167         Section 21. Subsection (1) of section 943.0515, Florida
 1168  Statutes, is amended to read:
 1169         943.0515 Retention of criminal history records of minors.—
 1170         (1)(a) The Criminal Justice Information Program shall
 1171  retain the criminal history record of a minor who is classified
 1172  as a serious or habitual juvenile offender or committed to a
 1173  juvenile correctional facility or juvenile prison under chapter
 1174  985 for 5 years after the date the offender reaches 21 years of
 1175  age, at which time the record shall be expunged unless it meets
 1176  the criteria of paragraph (2)(a) or paragraph (2)(b).
 1177         (b)1. If the minor is not classified as a serious or
 1178  habitual juvenile offender or committed to a juvenile
 1179  correctional facility or juvenile prison under chapter 985, the
 1180  program shall retain the minor’s criminal history record for 2
 1181  years after the date the minor reaches 19 years of age, at which
 1182  time the record shall be expunged unless it meets the criteria
 1183  of paragraph (2)(a) or paragraph (2)(b).
 1184         2. A minor described in subparagraph 1. may apply to the
 1185  department to have his or her criminal history record expunged
 1186  before the minor reaches 21 years of age. To be eligible for
 1187  expunction under this subparagraph, the minor must be 18 years
 1188  of age or older and less than 21 years of age and have not been
 1189  charged by the state attorney with or found to have committed
 1190  any criminal offense within the 5-year period before the
 1191  application date. The only offenses eligible to be expunged
 1192  under this subparagraph are those that the minor committed
 1193  before the minor reached 18 years of age. A criminal history
 1194  record expunged under this subparagraph requires the approval of
 1195  the state attorney for each circuit in which an offense
 1196  specified in the criminal history record occurred. A minor
 1197  seeking to expunge a criminal history record under this
 1198  subparagraph shall apply to the department for expunction in the
 1199  manner prescribed by rule. An application for expunction under
 1200  this subparagraph shall include:
 1201         a. A processing fee of $75 to the department for placement
 1202  in the Department of Law Enforcement Operating Trust Fund,
 1203  unless such fee is waived by the executive director.
 1204         a.b. A full set of fingerprints of the applicant taken by a
 1205  law enforcement agency for purposes of identity verification.
 1206         b.c. A sworn, written statement from the minor seeking
 1207  relief that he or she is no longer under court supervision
 1208  applicable to the disposition of the arrest or alleged criminal
 1209  activity to which the application to expunge pertains and that
 1210  he or she has not been charged with or found to have committed a
 1211  criminal offense, in any jurisdiction of the state or within the
 1212  United States, within the 5-year period before the application
 1213  date. A person who knowingly provides false information on the
 1214  sworn statement required by this sub-subparagraph commits a
 1215  misdemeanor of the first degree, punishable as provided in s.
 1216  775.082 or s. 775.083.
 1217         3. A minor who applies, but who is not approved for early
 1218  expunction in accordance with subparagraph 2., shall have his or
 1219  her criminal history record expunged at age 21 if eligible under
 1220  subparagraph 1.
 1221         Section 22. Subsections (1) and (2) of section 948.09,
 1222  Florida Statutes, are amended, and subsection (7) is added to
 1223  that section, to read:
 1224         948.09 Payment for cost of supervision and other monetary
 1225  obligations.—
 1226         (1)(a)1. Any person, other than a child as defined in s.
 1227  985.03, including a child who is found to be dependent as
 1228  defined in s. 39.01, or a young adult eligible for continuing
 1229  care pursuant to s. 39.6251, ordered by the court, the
 1230  Department of Corrections, or the Florida Commission on Offender
 1231  Review to be placed under supervision under this chapter,
 1232  chapter 944, chapter 945, chapter 947, or chapter 958, or in a
 1233  pretrial intervention program, must, as a condition of any
 1234  placement, pay the department a total sum of money equal to the
 1235  total month or portion of a month of supervision times the
 1236  court-ordered amount, but not to exceed the actual per diem cost
 1237  of the supervision. The department shall adopt rules by which an
 1238  offender who pays in full and in advance of regular termination
 1239  of supervision may receive a reduction in the amount due. The
 1240  rules shall incorporate provisions by which the offender’s
 1241  ability to pay is linked to an established written payment plan.
 1242  Funds collected from felony offenders may be used to offset
 1243  costs of the Department of Corrections associated with community
 1244  supervision programs, subject to appropriation by the
 1245  Legislature.
 1246         2. In addition to any other contribution or surcharge
 1247  imposed by this section, each felony offender assessed under
 1248  this paragraph shall pay a $2-per-month surcharge to the
 1249  department. The surcharge shall be deemed to be paid only after
 1250  the full amount of any monthly payment required by the
 1251  established written payment plan has been collected by the
 1252  department. These funds shall be used by the department to pay
 1253  for correctional probation officers’ training and equipment,
 1254  including radios, and firearms training, firearms, and attendant
 1255  equipment necessary to train and equip officers who choose to
 1256  carry a concealed firearm while on duty. This subparagraph does
 1257  not limit the department’s authority to determine who shall be
 1258  authorized to carry a concealed firearm while on duty, or limit
 1259  the right of a correctional probation officer to carry a
 1260  personal firearm approved by the department.
 1261         (b) Any person, other than a child as defined in s. 985.03,
 1262  including a child who is found to be dependent as defined in s.
 1263  39.01, or a young adult eligible for continuing care pursuant to
 1264  s. 39.6251, placed on misdemeanor probation by a county court
 1265  must contribute not less than $40 per month, as decided by the
 1266  sentencing court, to the court-approved public or private entity
 1267  providing misdemeanor supervision.
 1268         (2) Any person, other than a child as defined in s. 985.03,
 1269  including a child who is found to be dependent as defined in s.
 1270  39.01, or a young adult eligible for continuing care pursuant to
 1271  s. 39.6251, being electronically monitored by the department as
 1272  a result of being placed on supervision shall pay the department
 1273  for electronic monitoring services at a rate that may not exceed
 1274  the full cost of the monitoring service in addition to the cost
 1275  of supervision as directed by the sentencing court. The funds
 1276  collected under this subsection shall be deposited in the
 1277  General Revenue Fund. The department may exempt a person from
 1278  paying all or any part of the costs of the electronic monitoring
 1279  service if it finds that any of the factors listed in subsection
 1280  (3) exist.
 1281         (7)A child as defined in s. 985.03, including a child who
 1282  is found to be dependent as defined in s. 39.01, or the child’s
 1283  parents or legal guardian, or a young adult eligible for
 1284  continuing care pursuant to s. 39.6251 may not be required to
 1285  reimburse the costs or pay the fees for the supervision or
 1286  monitoring services provided for under this section.
 1287         Section 23. Subsection (5) of section 960.28, Florida
 1288  Statutes, is amended to read:
 1289         960.28 Payment for victims’ initial forensic physical
 1290  examinations.—
 1291         (5) A defendant, other than a child as defined in s.
 1292  985.03, including a child who is found to be dependent as
 1293  defined in s. 39.01, or a young adult eligible for continuing
 1294  care pursuant to s. 39.6251, or juvenile offender who pleads
 1295  guilty or nolo contendere to, or is convicted of or adjudicated
 1296  delinquent for, a violation of chapter 794 or chapter 800 shall
 1297  be ordered by the court to make restitution to the Crimes
 1298  Compensation Trust Fund in an amount equal to the compensation
 1299  paid to the medical provider by the Crime Victims’ Services
 1300  Office for the cost of the initial forensic physical
 1301  examination. The order may be enforced by the department in the
 1302  same manner as a judgment in a civil action.
 1303         Section 24. Section 985.032, Florida Statutes, is amended
 1304  to read:
 1305         985.032 Legal representation for delinquency cases.—
 1306         (1) For cases arising under this chapter, the state
 1307  attorney shall represent the state.
 1308         (2) A juvenile who has been adjudicated delinquent or has
 1309  adjudication of delinquency withheld may not shall be assessed
 1310  costs of prosecution as provided in s. 938.27.
 1311         (3)A juvenile who has been adjudicated delinquent or has
 1312  adjudication of delinquency withheld may not be assessed the
 1313  costs for any probation or diversion services.
 1314         Section 25. Section 985.033, Florida Statutes, is amended
 1315  to read:
 1316         985.033 Right to counsel.—
 1317         (1) A child is entitled to representation by legal counsel
 1318  at all stages of any delinquency court proceedings under this
 1319  chapter. If the child and the parents or other legal guardian do
 1320  not are indigent and unable to employ counsel for the child, the
 1321  court shall appoint counsel under s. 27.52. Determination of
 1322  indigence and costs of representation shall be as provided by
 1323  ss. 27.52 and 938.29. Legal counsel representing a child who
 1324  exercises the right to counsel shall be allowed to provide
 1325  advice and counsel to the child at any time subsequent to the
 1326  child’s arrest, including before prior to a detention hearing
 1327  while in secure detention care. A child shall be represented by
 1328  legal counsel at all stages of all court proceedings unless the
 1329  right to counsel is freely, knowingly, and intelligently waived
 1330  by the child. Representation may not be waived by the child or
 1331  the child’s parents or legal guardian. If the child appears
 1332  without counsel, the court shall advise the child of his or her
 1333  rights with respect to representation of court-appointed
 1334  counsel.
 1335         (2) This section does not apply to transfer proceedings
 1336  under s. 985.441(4), unless the court sets a hearing to review
 1337  the transfer.
 1338         (3) If the parents or legal guardian of an indigent child
 1339  are not indigent but refuse to employ counsel, the court shall
 1340  appoint counsel pursuant to s. 27.52 to represent the child at
 1341  the detention hearing and until counsel is provided.
 1342         (4)If the court appoints counsel under s. 27.52 for a
 1343  child as defined in s. 985.03, including a child who is found to
 1344  be dependent as defined in s. 39.01, or a young adult eligible
 1345  for continuing care pursuant to s. 39.6251, the child, the
 1346  child’s parents or legal guardian, or the young adult may not be
 1347  required to pay the fees, costs, or expenses of the appointed
 1348  counsel or the application fee for an indigency determination
 1349  under s. 27.52 Costs of representation are hereby imposed as
 1350  provided by ss. 27.52 and 938.29. Thereafter, the court shall
 1351  not appoint counsel for an indigent child with nonindigent
 1352  parents or legal guardian but shall order the parents or legal
 1353  guardian to obtain private counsel. A parent or legal guardian
 1354  of an indigent child who has been ordered to obtain private
 1355  counsel for the child and who willfully fails to follow the
 1356  court order shall be punished by the court in civil contempt
 1357  proceedings.
 1358         (4) An indigent child with nonindigent parents or legal
 1359  guardian may have counsel appointed pursuant to s. 27.52 if the
 1360  parents or legal guardian have willfully refused to obey the
 1361  court order to obtain counsel for the child and have been
 1362  punished by civil contempt and then still have willfully refused
 1363  to obey the court order. Costs of representation are hereby
 1364  imposed as provided by ss. 27.52 and 938.29.
 1365         (5) Notwithstanding any provision of this section or any
 1366  other law to the contrary, if a child is transferred for
 1367  criminal prosecution pursuant to this chapter, a nonindigent or
 1368  indigent-but-able-to-contribute parent or legal guardian of the
 1369  child pursuant to s. 27.52 is liable for necessary legal fees
 1370  and costs incident to the criminal prosecution of the child as
 1371  an adult.
 1372         Section 26. Section 985.038, Florida Statutes, is created
 1373  to read:
 1374         985.038 Fines and fees imposed on children and young adults
 1375  unenforceable.—
 1376         (1)On or after July 1, 2021, the balance of any court
 1377  ordered costs imposed against a child as defined in s. 985.03,
 1378  including a child who is found to be dependent as defined in s.
 1379  39.01, or the child’s parents or legal guardian, or a young
 1380  adult eligible for continuing care under s. 39.6251, pursuant to
 1381  ss. 775.083, 938.01, 938.03, 938.05, 938.055, 938.08, 938.085,
 1382  938.10, 938.13, 938.15, 938.23, 938.27, 943.0515, 985.032,
 1383  985.039, 985.12, 985.155, 985.18, 985.331, and 985.514 shall be
 1384  unenforceable and uncollectable, and, on January 1, 2022, the
 1385  portion of the judgment imposing those costs shall be vacated.
 1386         (2)On or after July 1, 2021, the balance of any court
 1387  ordered costs imposed pursuant to ss. 27.52, 938.29, and 938.33
 1388  which are related to the rendering of legal services to a child
 1389  as defined in s. 985.03, including a child who is found to be
 1390  dependent as defined in s. 39.01, or the child’s parents or
 1391  legal guardian, or a young adult eligible for continuing care
 1392  pursuant to s. 39.6251 by an attorney shall be unenforceable and
 1393  uncollectable, and, on January 1, 2022, the portion of the
 1394  judgment imposing those costs shall be vacated.
 1395         (3)On or after July 1, 2021, all unsatisfied civil
 1396  judgments or portions of judgments based on unpaid costs, fees,
 1397  reimbursements, or other financial obligations imposed pursuant
 1398  to a provision repealed by this act on a child as defined in s.
 1399  985.03, including a child who is found to be dependent as
 1400  defined in s. 39.01, or the child’s parents or legal guardian,
 1401  or a young adult eligible for continuing care pursuant to s.
 1402  39.6251 are deemed to be null and void and for all legal
 1403  purposes are vacated and discharged. Any procedures necessary to
 1404  accomplish the purposes of this section may not require any
 1405  affirmative actions on the part of any child as defined in s.
 1406  985.03, including a child who is found to be dependent as
 1407  defined in s. 39.01, or the child’s parents or legal guardian,
 1408  or a young adult subject to such judgment. Such procedures must
 1409  be designed and implemented so as to accomplish the vacatur and
 1410  discharge of all such civil judgments by January 1, 2022.
 1411         (4)On or after July 1, 2021, all warrants issued solely
 1412  based on the alleged failure of a child as defined in s. 985.03,
 1413  including a child who is found to be dependent as defined in s.
 1414  39.01, or the child’s parents or legal guardian, or a young
 1415  adult eligible for continuing care pursuant to s. 39.6251 to pay
 1416  or to appear on a court date set for the sole purpose of payment
 1417  of costs, fees, reimbursements, or any other financial
 1418  obligations imposed pursuant to a provision repealed by this act
 1419  are deemed to be null and void. Any procedures necessary to
 1420  accomplish the purposes of this section may not require any
 1421  affirmative actions on the part of a child as defined in s.
 1422  985.03, including a child who is found to be dependent as
 1423  defined in s. 39.01, or the child’s parents or legal guardian,
 1424  or a young adult eligible for continuing care pursuant to s.
 1425  39.6251, subject to such warrant. Such procedures shall be
 1426  designed and implemented so as to accomplish the rescinding and
 1427  expungement of all such warrants by January 1, 2022.
 1428         (5)On or after July 1, 2021, a child as defined in s.
 1429  985.03, including a child who is found to be dependent as
 1430  defined in s. 39.01, or the child’s parents or legal guardian,
 1431  or a young adult eligible for continuing care pursuant to s.
 1432  39.6251 who has had his or her driver license suspended for
 1433  nonpayment of court costs or fees pursuant to s. 318.15 or s.
 1434  322.245 shall immediately and automatically have his or her
 1435  driver license reinstated by the Department of Highway Safety
 1436  and Motor Vehicles.
 1437         Section 27. Section 985.039, Florida Statutes, is amended
 1438  to read:
 1439         (Substantial rewording of section. See
 1440         s. 985.039, F.S., for present text.)
 1441         985.039Exempting children and parents or guardians from
 1442  fees.—A child, or a parent or legal guardian of such child, may
 1443  not be ordered to pay any fee under this chapter, including, but
 1444  not limited to, probation supervision fees or court
 1445  administration fees, including the cost of court-appointed
 1446  attorneys or public defenders, the cost of prosecution, or other
 1447  administrative costs of the court.
 1448         Section 28. Paragraph (b) of subsection (2) of section
 1449  985.12, Florida Statutes, is amended to read:
 1450         985.12 Civil citation or similar prearrest diversion
 1451  programs.—
 1452         (2) JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST
 1453  DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND OPERATION.—
 1454         (b) Each judicial circuit’s civil citation or similar
 1455  prearrest diversion program must specify:
 1456         1. The misdemeanor offenses that qualify a juvenile for
 1457  participation in the program;
 1458         2. The eligibility criteria for the program;
 1459         3. The program’s implementation and operation; and
 1460         4. The program’s requirements, including, but not limited
 1461  to, the completion of community service hours, payment of
 1462  restitution, if applicable, and intervention services indicated
 1463  by a needs assessment of the juvenile, approved by the
 1464  department, such as family counseling, urinalysis monitoring,
 1465  and substance abuse and mental health treatment services; and
 1466         5. A program fee, if any, to be paid by a juvenile
 1467  participating in the program. If the program imposes a fee, the
 1468  clerk of the court of the applicable county must receive a
 1469  reasonable portion of the fee.
 1470         Section 29. Paragraph (f) of subsection (5) and paragraph
 1471  (a) of subsection (6) of section 985.155, Florida Statutes, are
 1472  amended to read:
 1473         985.155 Neighborhood restorative justice.—
 1474         (5) SANCTIONS.—After holding a meeting pursuant to
 1475  paragraph (4)(d), the board may impose any of the following
 1476  sanctions alone or in any combination:
 1477         (f) Require the juvenile to surrender the juvenile’s driver
 1478  license and forward a copy of the board’s resolution to the
 1479  Department of Highway Safety and Motor Vehicles. The department,
 1480  upon receipt of the license, shall suspend the driving
 1481  privileges of the juvenile, or the juvenile may be restricted to
 1482  travel between the juvenile’s home, school, and place of
 1483  employment during specified periods of time according to the
 1484  juvenile’s school and employment schedule.
 1485         (6) WRITTEN CONTRACT.—
 1486         (a) The board, on behalf of the community, and the
 1487  juvenile, the juvenile’s parent or guardian, and the victim or
 1488  representative of the victim, shall sign a written contract in
 1489  which the parties agree to the board’s resolution of the matter
 1490  and in which the juvenile’s parent or guardian agrees to ensure
 1491  that the juvenile complies with the contract. The contract may
 1492  provide that the parent or guardian shall post a bond payable to
 1493  this state to secure the performance of any sanction imposed
 1494  upon the juvenile pursuant to subsection (5).
 1495         Section 30. Subsection (6) of section 985.18, Florida
 1496  Statutes, is amended to read:
 1497         985.18 Medical, psychiatric, psychological, substance
 1498  abuse, and educational examination and treatment.—
 1499         (6) A physician must be immediately notified by the person
 1500  taking the child into custody or the person having custody if
 1501  there are indications of physical injury or illness, or the
 1502  child shall be taken to the nearest available hospital for
 1503  emergency care. A child may be provided mental health, substance
 1504  abuse, or intellectual disability services in emergency
 1505  situations pursuant to chapter 393, chapter 394, or chapter 397,
 1506  as applicable. Such costs must be paid for by an approved
 1507  provider with sufficient state or federal funding or compensated
 1508  by public or private medical insurance. The court may not After
 1509  a hearing, the court may order the custodial parent or parents,
 1510  guardian, or other custodian, if found able to do so, to
 1511  reimburse the county or state for the expense involved in such
 1512  emergency treatment or care.
 1513         Section 31. Section 985.331, Florida Statutes, is amended
 1514  to read:
 1515         985.331 Court and witness fees.—In any proceeding under
 1516  this chapter, court fees may shall not be charged against, nor
 1517  witness fees allowed to be charged against, any party to a
 1518  delinquency petition or any parent or legal guardian or
 1519  custodian or child named in a summons. Other witnesses shall be
 1520  paid the witness fees fixed by law.
 1521         Section 32. Section 985.514, Florida Statutes, is repealed.
 1522         Section 33. Subsection (2) of section 985.145, Florida
 1523  Statutes, is amended to read:
 1524         985.145 Responsibilities of the department during intake;
 1525  screenings and assessments.—
 1526         (2) Before Prior to requesting that a delinquency petition
 1527  be filed or before prior to filing a dependency petition, the
 1528  department may request the parent or legal guardian of the child
 1529  to attend a course of instruction in parenting skills, training
 1530  in conflict resolution, and the practice of nonviolence; to
 1531  accept counseling; or to receive other assistance from any
 1532  agency in the community which notifies the clerk of the court of
 1533  the availability of its services. Where appropriate, the
 1534  department shall request both parents or guardians to receive
 1535  such parental assistance. The department may, in determining
 1536  whether to request that a delinquency petition be filed, take
 1537  into consideration the willingness of the parent or legal
 1538  guardian to comply with such request. The parent or guardian
 1539  must provide the department with identifying information,
 1540  including the parent’s or guardian’s name, address, date of
 1541  birth, social security number, and driver license number or
 1542  identification card number in order to comply with s. 985.039.
 1543         Section 34. For the purpose of incorporating the amendment
 1544  made by this act to section 27.52, Florida Statutes, in a
 1545  reference thereto, subsection (2) of section 27.02, Florida
 1546  Statutes, is reenacted to read:
 1547         27.02 Duties before court.—
 1548         (2) The state attorney, when complying with the discovery
 1549  obligation pursuant to the applicable rule of procedure, may
 1550  charge the defendant fees as provided for in s. 119.07(4), not
 1551  to exceed 15 cents per page for a copy of a noncertified copy of
 1552  a public record. However, these fees may be deferred if the
 1553  defendant has been determined to be indigent as provided in s.
 1554  27.52.
 1555         Section 35. For the purpose of incorporating the amendment
 1556  made by this act to section 27.52, Florida Statutes, in a
 1557  reference thereto, subsection (1) of section 27.51, Florida
 1558  Statutes, is reenacted to read:
 1559         27.51 Duties of public defender.—
 1560         (1) The public defender shall represent, without additional
 1561  compensation, any person determined to be indigent under s.
 1562  27.52 and:
 1563         (a) Under arrest for, or charged with, a felony;
 1564         (b) Under arrest for, or charged with:
 1565         1. A misdemeanor authorized for prosecution by the state
 1566  attorney;
 1567         2. A violation of chapter 316 punishable by imprisonment;
 1568         3. Criminal contempt; or
 1569         4. A violation of a special law or county or municipal
 1570  ordinance ancillary to a state charge, or if not ancillary to a
 1571  state charge, only if the public defender contracts with the
 1572  county or municipality to provide representation pursuant to ss.
 1573  27.54 and 125.69.
 1574  
 1575  The public defender shall not provide representation pursuant to
 1576  this paragraph if the court, prior to trial, files in the cause
 1577  an order of no imprisonment as provided in s. 27.512;
 1578         (c) Alleged to be a delinquent child pursuant to a petition
 1579  filed before a circuit court;
 1580         (d) Sought by petition filed in such court to be
 1581  involuntarily placed as a mentally ill person under part I of
 1582  chapter 394, involuntarily committed as a sexually violent
 1583  predator under part V of chapter 394, or involuntarily admitted
 1584  to residential services as a person with developmental
 1585  disabilities under chapter 393. A public defender shall not
 1586  represent any plaintiff in a civil action brought under the
 1587  Florida Rules of Civil Procedure, the Federal Rules of Civil
 1588  Procedure, or the federal statutes, or represent a petitioner in
 1589  a rule challenge under chapter 120, unless specifically
 1590  authorized by statute;
 1591         (e) Convicted and sentenced to death, for purposes of
 1592  handling an appeal to the Supreme Court; or
 1593         (f) Is appealing a matter in a case arising under
 1594  paragraphs (a)-(d).
 1595         Section 36. For the purpose of incorporating the amendment
 1596  made by this act to section 27.52, Florida Statutes, in a
 1597  reference thereto, subsection (5) of section 27.511, Florida
 1598  Statutes, is reenacted to read:
 1599         27.511 Offices of criminal conflict and civil regional
 1600  counsel; legislative intent; qualifications; appointment;
 1601  duties.—
 1602         (5) When the Office of the Public Defender, at any time
 1603  during the representation of two or more defendants, determines
 1604  that the interests of those accused are so adverse or hostile
 1605  that they cannot all be counseled by the public defender or his
 1606  or her staff without a conflict of interest, or that none can be
 1607  counseled by the public defender or his or her staff because of
 1608  a conflict of interest, and the court grants the public
 1609  defender’s motion to withdraw, the office of criminal conflict
 1610  and civil regional counsel shall be appointed and shall provide
 1611  legal services, without additional compensation, to any person
 1612  determined to be indigent under s. 27.52, who is:
 1613         (a) Under arrest for, or charged with, a felony;
 1614         (b) Under arrest for, or charged with:
 1615         1. A misdemeanor authorized for prosecution by the state
 1616  attorney;
 1617         2. A violation of chapter 316 punishable by imprisonment;
 1618         3. Criminal contempt; or
 1619         4. A violation of a special law or county or municipal
 1620  ordinance ancillary to a state charge or, if not ancillary to a
 1621  state charge, only if the office of criminal conflict and civil
 1622  regional counsel contracts with the county or municipality to
 1623  provide representation pursuant to ss. 27.54 and 125.69.
 1624  
 1625  The office of criminal conflict and civil regional counsel may
 1626  not provide representation pursuant to this paragraph if the
 1627  court, prior to trial, files in the cause an order of no
 1628  imprisonment as provided in s. 27.512;
 1629         (c) Alleged to be a delinquent child pursuant to a petition
 1630  filed before a circuit court;
 1631         (d) Sought by petition filed in such court to be
 1632  involuntarily placed as a mentally ill person under part I of
 1633  chapter 394, involuntarily committed as a sexually violent
 1634  predator under part V of chapter 394, or involuntarily admitted
 1635  to residential services as a person with developmental
 1636  disabilities under chapter 393;
 1637         (e) Convicted and sentenced to death, for purposes of
 1638  handling an appeal to the Supreme Court;
 1639         (f) Appealing a matter in a case arising under paragraphs
 1640  (a)-(d); or
 1641         (g) Seeking correction, reduction, or modification of a
 1642  sentence under Rule 3.800, Florida Rules of Criminal Procedure,
 1643  or seeking postconviction relief under Rule 3.850, Florida Rules
 1644  of Criminal Procedure, if, in either case, the court determines
 1645  that appointment of counsel is necessary to protect a person’s
 1646  due process rights.
 1647         Section 37. For the purpose of incorporating the amendment
 1648  made by this act to section 27.52, Florida Statutes, in a
 1649  reference thereto, section 27.525, Florida Statutes, is
 1650  reenacted to read:
 1651         27.525 Indigent Criminal Defense Trust Fund.—The Indigent
 1652  Criminal Defense Trust Fund is created, to be administered by
 1653  the Justice Administrative Commission. Funds shall be credited
 1654  to the trust fund as provided in s. 27.52, to be used for the
 1655  purposes of indigent criminal defense as appropriated by the
 1656  Legislature to the public defender or the office of criminal
 1657  conflict and civil regional counsel. The Justice Administrative
 1658  Commission shall account for these funds on a circuit basis, and
 1659  appropriations from the fund shall be proportional to each
 1660  circuit’s collections.
 1661         Section 38. For the purpose of incorporating the amendment
 1662  made by this act to section 27.52, Florida Statutes, in a
 1663  reference thereto, paragraph (b) of subsection (3) of section
 1664  27.702, Florida Statutes, is reenacted to read:
 1665         27.702 Duties of the capital collateral regional counsel;
 1666  reports.—
 1667         (3)
 1668         (b) The court having jurisdiction over any nonindigent or
 1669  indigent-but-able-to-contribute defendant who has been receiving
 1670  the services of the capital collateral regional counsel may
 1671  assess attorney’s fees and costs against the defendant at any
 1672  stage in the proceedings as the court may deem appropriate. The
 1673  determination of indigence of any defendant shall be made
 1674  pursuant to s. 27.52. Liability for the costs of such
 1675  representation may be imposed in the form of a lien against the
 1676  property of the nonindigent or indigent-but-able-to-contribute
 1677  defendant, which lien shall be enforceable as provided in s.
 1678  27.561 or s. 938.29.
 1679         Section 39. For the purpose of incorporating the amendment
 1680  made by this act to section 27.52, Florida Statutes, in
 1681  references thereto, section 29.0185, Florida Statutes, is
 1682  reenacted to read:
 1683         29.0185 Provision of state-funded due process services to
 1684  individuals.—Due process services may not be provided with state
 1685  revenues to an individual unless the individual on whose behalf
 1686  the due process services are being provided is eligible for
 1687  court-appointed counsel under s. 27.40, based upon a
 1688  determination of indigency under s. 27.52, regardless of whether
 1689  such counsel is appointed or the individual on whose behalf the
 1690  due process services are being provided is eligible for court
 1691  appointed counsel under s. 27.40 and has been determined
 1692  indigent for costs pursuant to s. 27.52.
 1693         Section 40. For the purpose of incorporating the amendment
 1694  made by this act to section 27.52, Florida Statutes, in a
 1695  reference thereto, subsection (1) of section 57.081, Florida
 1696  Statutes, is reenacted to read:
 1697         57.081 Costs; right to proceed where prepayment of costs
 1698  and payment of filing fees waived.—
 1699         (1) Any indigent person, except a prisoner as defined in s.
 1700  57.085, who is a party or intervenor in any judicial or
 1701  administrative agency proceeding or who initiates such
 1702  proceeding shall receive the services of the courts, sheriffs,
 1703  and clerks, with respect to such proceedings, despite his or her
 1704  present inability to pay for these services. Such services are
 1705  limited to filing fees; service of process; certified copies of
 1706  orders or final judgments; a single photocopy of any court
 1707  pleading, record, or instrument filed with the clerk; examining
 1708  fees; mediation services and fees; private court-appointed
 1709  counsel fees; subpoena fees and services; service charges for
 1710  collecting and disbursing funds; and any other cost or service
 1711  arising out of pending litigation. In any appeal from an
 1712  administrative agency decision, for which the clerk is
 1713  responsible for preparing the transcript, the clerk shall record
 1714  the cost of preparing the transcripts and the cost for copies of
 1715  any exhibits in the record. A party who has obtained a
 1716  certification of indigence pursuant to s. 27.52 or s. 57.082
 1717  with respect to a proceeding is not required to prepay costs to
 1718  a court, clerk, or sheriff and is not required to pay filing
 1719  fees or charges for issuance of a summons.
 1720         Section 41. For the purpose of incorporating the amendment
 1721  made by this act to section 27.52, Florida Statutes, in a
 1722  reference thereto, section 162.30, Florida Statutes, is
 1723  reenacted to read:
 1724         162.30 Civil actions to enforce county and municipal
 1725  ordinances.—In addition to other provisions of law authorizing
 1726  the enforcement of county and municipal codes and ordinances, a
 1727  county or municipality may enforce any violation of a county or
 1728  municipal code or ordinance by filing a civil action in the same
 1729  manner as instituting a civil action. The action shall be
 1730  brought in county or circuit court, whichever is appropriate
 1731  depending upon the relief sought. Counties and municipalities
 1732  are authorized and required to pay any counsel appointed by the
 1733  court to represent a private party in such action if the
 1734  provision of counsel at public expense is required by the
 1735  Constitution of the United States or the Constitution of the
 1736  State of Florida and if the party is indigent as established
 1737  pursuant to s. 27.52. The county or municipality shall bear all
 1738  court fees and costs of any such action, and may, if it
 1739  prevails, recover the court fees and costs and expense of the
 1740  court-appointed counsel as part of its judgment. The state shall
 1741  bear no expense of actions brought under this section except
 1742  those that it would bear in an ordinary civil action between
 1743  private parties in county court.
 1744         Section 42. For the purpose of incorporating the amendment
 1745  made by this act to section 27.52, Florida Statutes, in a
 1746  reference thereto, paragraph (c) of subsection (4) of section
 1747  392.55, Florida Statutes, is reenacted to read:
 1748         392.55 Physical examination and treatment.—
 1749         (4) A warrant requiring a person to be apprehended or
 1750  examined on an outpatient basis may not be issued unless:
 1751         (c) The court advises the person of the right to have legal
 1752  counsel present. If the person is insolvent and unable to employ
 1753  counsel, the court shall appoint legal counsel for the person
 1754  pursuant to the indigence criteria in s. 27.52.
 1755         Section 43. For the purpose of incorporating the amendment
 1756  made by this act to section 27.52, Florida Statutes, in a
 1757  reference thereto, subsection (3) of section 392.56, Florida
 1758  Statutes, is reenacted to read:
 1759         392.56 Hospitalization, placement, and residential
 1760  isolation.—
 1761         (3) A person may not be ordered by a circuit court to be
 1762  hospitalized, placed in another health care facility or
 1763  residential facility, or isolated from the general public in the
 1764  home, unless:
 1765         (a) A hearing has been held, with respect to which the
 1766  person has received at least 72 hours’ prior written
 1767  notification and has received a list of the proposed actions to
 1768  be taken and the reasons for each such action. However, with the
 1769  consent of the person or the person’s counsel, a hearing may be
 1770  held within less than 72 hours;
 1771         (b) The person has the right to attend the hearing, to
 1772  cross-examine witnesses, and present evidence. After review and
 1773  consultation by the court, counsel for the person may waive the
 1774  client’s presence or allow the client to appear by television
 1775  monitor where available; and
 1776         (c) The court advises the person of the right to have
 1777  counsel present. If the person is insolvent and unable to employ
 1778  counsel, the court shall appoint legal counsel for the person
 1779  pursuant to the indigence criteria in s. 27.52.
 1780         Section 44. For the purpose of incorporating the amendment
 1781  made by this act to section 27.52, Florida Statutes, in a
 1782  reference thereto, paragraph (a) of subsection (3) of section
 1783  900.05, Florida Statutes, is reenacted to read:
 1784         900.05 Criminal justice data collection.—
 1785         (3) DATA COLLECTION AND REPORTING.—An entity required to
 1786  collect data in accordance with this subsection shall collect
 1787  the specified data and report them in accordance with this
 1788  subsection to the Department of Law Enforcement on a monthly
 1789  basis.
 1790         (a) Clerk of the court.—Each clerk of court shall collect
 1791  the following data for each criminal case:
 1792         1. Case number.
 1793         2. Date that the alleged offense occurred.
 1794         3. Date the defendant is taken into physical custody by a
 1795  law enforcement agency or is issued a notice to appear on a
 1796  criminal charge.
 1797         4. Whether the case originated by notice to appear.
 1798         5. Date that the criminal prosecution of a defendant is
 1799  formally initiated.
 1800         6. Arraignment date.
 1801         7. Attorney appointment date.
 1802         8. Attorney withdrawal date.
 1803         9. Case status.
 1804         10. Charge disposition.
 1805         11. Disposition date and disposition type.
 1806         12. Information related to each defendant, including:
 1807         a. Identifying information, including name, known aliases,
 1808  date of birth, race, ethnicity, and gender.
 1809         b. Zip code of last known address.
 1810         c. Primary language.
 1811         d. Citizenship.
 1812         e. Immigration status, if applicable.
 1813         f. Whether the defendant has been found to be indigent
 1814  under s. 27.52.
 1815         13. Information related to the charges filed against the
 1816  defendant, including:
 1817         a. Charge description.
 1818         b. Charge modifier description and statute, if applicable.
 1819         c. Drug type for each drug charge, if known.
 1820         d. Qualification for a flag designation as defined in this
 1821  section, including a domestic violence flag, gang affiliation
 1822  flag, sexual offender flag, habitual offender flag, habitual
 1823  violent felony offender flag, pretrial release violation flag,
 1824  prison releasee reoffender flag, three-time violent felony
 1825  offender flag, or violent career criminal flag.
 1826         14. Information related to bail or bond and pretrial
 1827  release determinations, including the dates of any such
 1828  determinations:
 1829         a. Pretrial release determination made at a first
 1830  appearance hearing that occurs within 24 hours of arrest,
 1831  including any monetary and nonmonetary conditions of release.
 1832         b. Modification of bail or bond conditions made by a court
 1833  having jurisdiction to try the defendant or, in the absence of
 1834  the judge of the trial court, by the circuit court, including
 1835  modifications to any monetary and nonmonetary conditions of
 1836  release.
 1837         c. Cash bail or bond payment, including whether the
 1838  defendant utilized a bond agent to post a surety bond.
 1839         d. Date defendant is released on bail, bond, or pretrial
 1840  release for the current case.
 1841         e. Bail or bond revocation due to a new offense, a failure
 1842  to appear, or a violation of the terms of bail or bond, if
 1843  applicable.
 1844         15. Information related to court dates and dates of motions
 1845  and appearances, including:
 1846         a. Date of any court appearance and the type of proceeding
 1847  scheduled for each date reported.
 1848         b. Date of any failure to appear in court, if applicable.
 1849         c. Deferred prosecution or pretrial diversion hearing, if
 1850  applicable.
 1851         d. Each scheduled trial date.
 1852         e. Date that a defendant files a notice to participate in
 1853  discovery.
 1854         f. Speedy trial motion date and each hearing date, if
 1855  applicable.
 1856         g. Dismissal motion date and each hearing date, if
 1857  applicable.
 1858         16. Defense attorney type.
 1859         17. Information related to sentencing, including:
 1860         a. Date that a court enters a sentence against a defendant.
 1861         b. Charge sentenced to, including charge sequence number,
 1862  and charge description.
 1863         c. Sentence type and length imposed by the court in the
 1864  current case, reported in years, months, and days, including,
 1865  but not limited to, the total duration of incarceration in a
 1866  county detention facility or state correctional institution or
 1867  facility, and conditions of probation or community control
 1868  supervision.
 1869         d. Amount of time served in custody by the defendant
 1870  related to each charge that is credited at the time of
 1871  disposition of the charge to reduce the imposed length of time
 1872  the defendant will serve on the term of incarceration that is
 1873  ordered by the court at disposition.
 1874         e. Total amount of court costs imposed by the court at the
 1875  disposition of the case.
 1876         f. Total amount of fines imposed by the court at the
 1877  disposition of the case.
 1878         g. Restitution amount ordered at sentencing.
 1879         18. The sentencing judge or magistrate, or their
 1880  equivalent.
 1881         Section 45. For the purpose of incorporating the amendment
 1882  made by this act to section 27.52, Florida Statutes, in a
 1883  reference thereto, section 914.11, Florida Statutes, is
 1884  reenacted to read:
 1885         914.11 Indigent defendants.—If a defendant in a criminal
 1886  case is indigent pursuant to s. 27.52 and presently unable to
 1887  pay the cost of procuring the attendance of witnesses, the
 1888  defendant may seek a deferral of these costs; however, the
 1889  defendant may subpoena the witnesses, and the costs, including
 1890  the cost of the defendant’s copy of all depositions and
 1891  transcripts which are certified by the defendant’s attorney as
 1892  serving a useful purpose in the disposition of the case, shall
 1893  be paid by the state. When depositions are taken outside the
 1894  circuit in which the case is pending, travel expenses shall be
 1895  paid by the state in accordance with s. 112.061 and shall also
 1896  be taxed as costs payable to the state.
 1897         Section 46. For the purpose of incorporating the amendment
 1898  made by this act to section 27.52, Florida Statutes, in a
 1899  reference thereto, paragraph (a) of subsection (2) of section
 1900  916.107, Florida Statutes, is reenacted to read:
 1901         916.107 Rights of forensic clients.—
 1902         (2) RIGHT TO TREATMENT.—
 1903         (a) The policy of the state is that neither the department
 1904  nor the agency shall deny treatment or training to any client
 1905  and that no services shall be delayed because the forensic
 1906  client is indigent pursuant to s. 27.52 and presently unable to
 1907  pay. However, every reasonable effort to collect appropriate
 1908  reimbursement for the cost of providing services to clients able
 1909  to pay for the services, including reimbursement from insurance
 1910  or other third-party payments, shall be made by facilities
 1911  providing services pursuant to this chapter and in accordance
 1912  with the provisions of s. 402.33.
 1913         Section 47. For the purpose of incorporating the amendment
 1914  made by this act to section 27.52, Florida Statutes, in a
 1915  reference thereto, subsection (4) of section 916.15, Florida
 1916  Statutes, is reenacted to read:
 1917         916.15 Involuntary commitment of defendant adjudicated not
 1918  guilty by reason of insanity.—
 1919         (4) In all proceedings under this section, both the
 1920  defendant and the state shall have the right to a hearing before
 1921  the committing court. Evidence at such hearing may be presented
 1922  by the hospital administrator or the administrator’s designee as
 1923  well as by the state and the defendant. The defendant shall have
 1924  the right to counsel at any such hearing. In the event that a
 1925  defendant is determined to be indigent pursuant to s. 27.52, the
 1926  public defender shall represent the defendant. The parties shall
 1927  have access to the defendant’s records at the treating
 1928  facilities and may interview or depose personnel who have had
 1929  contact with the defendant at the treating facilities.
 1930         Section 48. For the purpose of incorporating the amendment
 1931  made by this act to section 27.52, Florida Statutes, in a
 1932  reference thereto, paragraph (c) of subsection (1) of section
 1933  938.29, Florida Statutes, is reenacted to read:
 1934         938.29 Legal assistance; lien for payment of attorney’s
 1935  fees or costs.—
 1936         (1)
 1937         (c) The defendant shall pay the application fee under s.
 1938  27.52(1)(b) and attorney’s fees and costs in full or in
 1939  installments, at the time or times specified. The court may
 1940  order payment of the assessed application fee and attorney’s
 1941  fees and costs as a condition of probation, of suspension of
 1942  sentence, or of withholding the imposition of sentence. All
 1943  funds collected under this section shall be distributed as
 1944  provided in s. 27.562.
 1945         Section 49. For the purpose of incorporating the amendment
 1946  made by this act to section 27.52, Florida Statutes, in a
 1947  reference thereto, subsection (1) of section 939.06, Florida
 1948  Statutes, is reenacted to read:
 1949         939.06 Acquitted defendant not liable for costs.—
 1950         (1) A defendant in a criminal prosecution who is acquitted
 1951  or discharged is not liable for any costs or fees of the court
 1952  or any ministerial office, or for any charge of subsistence
 1953  while detained in custody. If the defendant has paid any taxable
 1954  costs, or fees required under s. 27.52(1)(b), in the case, the
 1955  clerk or judge shall give him or her a certificate of the
 1956  payment of such costs, with the items thereof, which, when
 1957  audited and approved according to law, shall be refunded to the
 1958  defendant.
 1959         Section 50. For the purpose of incorporating the amendment
 1960  made by this act to section 27.52, Florida Statutes, in a
 1961  reference thereto, subsection (7) of section 943.053, Florida
 1962  Statutes, is reenacted to read:
 1963         943.053 Dissemination of criminal justice information;
 1964  fees.—
 1965         (7) Notwithstanding any other provision of law, the
 1966  department shall provide to each office of the public defender
 1967  online access to criminal records of this state which are not
 1968  exempt from disclosure under chapter 119 or confidential under
 1969  law. Such access shall be used solely in support of the duties
 1970  of a public defender as provided in s. 27.51 or of any attorney
 1971  specially assigned as authorized in s. 27.53 in the
 1972  representation of any person who is determined indigent as
 1973  provided in s. 27.52. The costs of establishing and maintaining
 1974  such online access shall be borne by the office to which the
 1975  access has been provided.
 1976         Section 51. For the purpose of incorporating the amendments
 1977  made by this act to sections 27.52 and 938.29, Florida Statutes,
 1978  in references thereto, section 903.286, Florida Statutes, is
 1979  reenacted to read:
 1980         903.286 Return of cash bond; requirement to withhold unpaid
 1981  fines, fees, court costs; cash bond forms.—
 1982         (1) Notwithstanding s. 903.31(2), the clerk of the court
 1983  shall withhold from the return of a cash bond posted on behalf
 1984  of a criminal defendant by a person other than a bail bond agent
 1985  licensed pursuant to chapter 648 sufficient funds to pay any
 1986  unpaid costs of prosecution, costs of representation as provided
 1987  by ss. 27.52 and 938.29, court fees, court costs, and criminal
 1988  penalties. If sufficient funds are not available to pay all
 1989  unpaid costs of prosecution, costs of representation as provided
 1990  by ss. 27.52 and 938.29, court fees, court costs, and criminal
 1991  penalties, the clerk of the court shall immediately obtain
 1992  payment from the defendant or enroll the defendant in a payment
 1993  plan pursuant to s. 28.246.
 1994         (2) All cash bond forms used in conjunction with the
 1995  requirements of s. 903.09 must prominently display a notice
 1996  explaining that all funds are subject to forfeiture and
 1997  withholding by the clerk of the court for the payment of costs
 1998  of prosecution, costs of representation as provided by ss. 27.52
 1999  and 938.29, court fees, court costs, and criminal penalties on
 2000  behalf of the criminal defendant regardless of who posted the
 2001  funds.
 2002         Section 52. For the purpose of incorporating the amendments
 2003  made by this act to sections 27.52 and 938.29, Florida Statutes,
 2004  in references thereto, paragraph (j) of subsection (1) of
 2005  section 948.03, Florida Statutes, is reenacted to read:
 2006         948.03 Terms and conditions of probation.—
 2007         (1) The court shall determine the terms and conditions of
 2008  probation. Conditions specified in this section do not require
 2009  oral pronouncement at the time of sentencing and may be
 2010  considered standard conditions of probation. These conditions
 2011  may include among them the following, that the probationer or
 2012  offender in community control shall:
 2013         (j) Pay any application fee assessed under s. 27.52(1)(b)
 2014  and attorney’s fees and costs assessed under s. 938.29, subject
 2015  to modification based on change of circumstances.
 2016         Section 53. For the purpose of incorporating the amendments
 2017  made by this act to sections 318.15 and 322.245, Florida
 2018  Statutes, in references thereto, subsection (2) of section
 2019  322.29, Florida Statutes, is reenacted to read:
 2020         322.29 Surrender and return of license.—
 2021         (2) Notwithstanding subsection (1), an examination is not
 2022  required for the return of a license suspended under s. 318.15
 2023  or s. 322.245 unless an examination is otherwise required by
 2024  this chapter. A person applying for the return of a license
 2025  suspended under s. 318.15 or s. 322.245 must present to the
 2026  department certification from the court that he or she has
 2027  complied with all obligations and penalties imposed pursuant to
 2028  s. 318.15 or, in the case of a suspension pursuant to s.
 2029  322.245, that he or she has complied with all directives of the
 2030  court and the requirements of s. 322.245 and shall pay to the
 2031  department a nonrefundable service fee of $60, of which $37.50
 2032  shall be deposited into the General Revenue Fund and $22.50
 2033  shall be deposited into the Highway Safety Operating Trust Fund.
 2034  If reinstated by the clerk of the court or tax collector, $37.50
 2035  shall be retained and $22.50 shall be remitted to the Department
 2036  of Revenue for deposit into the Highway Safety Operating Trust
 2037  Fund. However, the service fee is not required if the person is
 2038  required to pay a $45 fee or $75 fee under s. 322.21(8).
 2039         Section 54. For the purpose of incorporating the amendments
 2040  made by this act to sections 318.15 and 322.245, Florida
 2041  Statutes, in references thereto, paragraph (a) of subsection
 2042  (10) of section 322.34, Florida Statutes, is reenacted to read:
 2043         322.34 Driving while license suspended, revoked, canceled,
 2044  or disqualified.—
 2045         (10)(a) Notwithstanding any other provision of this
 2046  section, if a person does not have a prior forcible felony
 2047  conviction as defined in s. 776.08, the penalties provided in
 2048  paragraph (b) apply if a person’s driver license or driving
 2049  privilege is canceled, suspended, or revoked, or the person is
 2050  under suspension or revocation equivalent status, for:
 2051         1. Failing to pay child support as provided in s. 322.245
 2052  or s. 61.13016;
 2053         2. Failing to pay any other financial obligation as
 2054  provided in s. 322.245 other than those specified in s.
 2055  322.245(1);
 2056         3. Failing to comply with a civil penalty required in s.
 2057  318.15;
 2058         4. Failing to maintain vehicular financial responsibility
 2059  as required by chapter 324;
 2060         5. Failing to comply with attendance or other requirements
 2061  for minors as set forth in s. 322.091; or
 2062         6. Having been designated a habitual traffic offender under
 2063  s. 322.264(1)(d) as a result of suspensions of his or her driver
 2064  license or driver privilege for any underlying violation listed
 2065  in subparagraphs 1.-5.
 2066         Section 55. For the purpose of incorporating the amendment
 2067  made by this act to section 322.245, Florida Statutes, in a
 2068  reference thereto, paragraph (a) of subsection (10) of section
 2069  318.14, Florida Statutes, is reenacted to read:
 2070         318.14 Noncriminal traffic infractions; exception;
 2071  procedures.—
 2072         (10)(a) Any person who does not hold a commercial driver
 2073  license or commercial learner’s permit and who is cited while
 2074  driving a noncommercial motor vehicle for an offense listed
 2075  under this subsection may, in lieu of payment of fine or court
 2076  appearance, elect to enter a plea of nolo contendere and provide
 2077  proof of compliance to the clerk of the court, designated
 2078  official, or authorized operator of a traffic violations bureau.
 2079  In such case, adjudication shall be withheld; however, a person
 2080  may not make an election under this subsection if the person has
 2081  made an election under this subsection in the preceding 12
 2082  months. A person may not make more than three elections under
 2083  this subsection. This subsection applies to the following
 2084  offenses:
 2085         1. Operating a motor vehicle without a valid driver license
 2086  in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
 2087  operating a motor vehicle with a license that has been suspended
 2088  for failure to appear, failure to pay civil penalty, or failure
 2089  to attend a driver improvement course pursuant to s. 322.291.
 2090         2. Operating a motor vehicle without a valid registration
 2091  in violation of s. 320.0605, s. 320.07, or s. 320.131.
 2092         3. Operating a motor vehicle in violation of s. 316.646.
 2093         4. Operating a motor vehicle with a license that has been
 2094  suspended under s. 61.13016 or s. 322.245 for failure to pay
 2095  child support or for failure to pay any other financial
 2096  obligation as provided in s. 322.245; however, this subparagraph
 2097  does not apply if the license has been suspended pursuant to s.
 2098  322.245(1).
 2099         5. Operating a motor vehicle with a license that has been
 2100  suspended under s. 322.091 for failure to meet school attendance
 2101  requirements.
 2102         Section 56. For the purpose of incorporating the amendment
 2103  made by this act to section 322.245, Florida Statutes, in a
 2104  reference thereto, section 320.571, Florida Statutes, is
 2105  reenacted to read:
 2106         320.571 Failure of person charged with misdemeanor under
 2107  this chapter to comply with court-ordered directives; suspension
 2108  of license.—Any person who has been charged with the commission
 2109  of an offense which constitutes a misdemeanor under this chapter
 2110  and who fails to comply with all of the directives of the court
 2111  is subject to the provisions of s. 322.245.
 2112         Section 57. For the purpose of incorporating the amendment
 2113  made by this act to section 322.245, Florida Statutes, in a
 2114  reference thereto, section 322.391, Florida Statutes, is
 2115  reenacted to read:
 2116         322.391 Failure of person charged with misdemeanor under
 2117  this chapter to comply with court-ordered directives; suspension
 2118  of license.—A person charged with the commission of a
 2119  misdemeanor under this chapter who fails to comply with all of
 2120  the directives of the court is subject to the provisions of s.
 2121  322.245.
 2122         Section 58. For the purpose of incorporating the amendment
 2123  made by this act to section 938.01, Florida Statutes, in a
 2124  reference thereto, section 938.15, Florida Statutes, is
 2125  reenacted to read:
 2126         938.15 Criminal justice education for local government.—In
 2127  addition to the costs provided for in s. 938.01, municipalities
 2128  and counties may assess an additional $2 for expenditures for
 2129  criminal justice education degree programs and training courses,
 2130  including basic recruit training, for their respective officers
 2131  and employing agency support personnel, provided such education
 2132  degree programs and training courses are approved by the
 2133  employing agency administrator, on a form provided by the
 2134  Criminal Justice Standards and Training Commission, for local
 2135  funding.
 2136         (1) Workshops, meetings, conferences, and conventions
 2137  shall, on a form approved by the Criminal Justice Standards and
 2138  Training Commission for use by the employing agency, be
 2139  individually approved by the employing agency administrator
 2140  prior to attendance. The form shall include, but not be limited
 2141  to, a demonstration by the employing agency of the purpose of
 2142  the workshop, meeting, conference, or convention; the direct
 2143  relationship of the training to the officer’s job; the direct
 2144  benefits the officer and agency will receive; and all
 2145  anticipated costs.
 2146         (2) The Criminal Justice Standards and Training Commission
 2147  may inspect and copy the documentation of independent audits
 2148  conducted of the municipalities and counties which make such
 2149  assessments to ensure that such assessments have been made and
 2150  that expenditures are in conformance with the requirements of
 2151  this subsection and with other applicable procedures.
 2152         Section 59. For the purpose of incorporating the amendment
 2153  made by this act to section 938.03, Florida Statutes, in a
 2154  reference thereto, subsection (10) of section 318.21, Florida
 2155  Statutes, is reenacted to read:
 2156         318.21 Disposition of civil penalties by county courts.—All
 2157  civil penalties received by a county court pursuant to the
 2158  provisions of this chapter shall be distributed and paid monthly
 2159  as follows:
 2160         (10) The additional costs and surcharges on criminal
 2161  traffic offenses provided for under ss. 938.03 and 938.04 must
 2162  be collected and distributed by the clerk of the court as
 2163  provided in those sections. The additional costs and surcharges
 2164  must also be collected for the violation of any ordinances
 2165  adopting the criminal traffic offenses enumerated in s. 318.17.
 2166         Section 60. For the purpose of incorporating the amendment
 2167  made by this act to section 938.03, Florida Statutes, in a
 2168  reference thereto, subsection (2) of section 775.0835, Florida
 2169  Statutes, is reenacted to read:
 2170         775.0835 Fines; surcharges; Crimes Compensation Trust
 2171  Fund.—
 2172         (2) The additional $50 obligation created by s. 938.03
 2173  shall be collected, and $49 of each $50 collected shall be
 2174  remitted to the Department of Revenue for deposit in the Crimes
 2175  Compensation Trust Fund, prior to any fine or surcharge
 2176  authorized by this chapter. These costs are considered assessed
 2177  unless specifically waived by the court. If the court does not
 2178  order these costs, it shall state on the record, in detail, the
 2179  reasons therefor.
 2180         Section 61. For the purpose of incorporating the amendment
 2181  made by this act to section 938.03, Florida Statutes, in a
 2182  reference thereto, subsection (2) of section 960.14, Florida
 2183  Statutes, is reenacted to read:
 2184         960.14 Manner of payment; execution or attachment.—
 2185         (2) If a claimant owes money to the Crimes Compensation
 2186  Trust Fund in connection with any other claim as provided for in
 2187  ss. 938.03, 960.16, and 960.17, the amount owed shall be reduced
 2188  from any award.
 2189         Section 62. For the purpose of incorporating the amendment
 2190  made by this act to section 938.055, Florida Statutes, in a
 2191  reference thereto, paragraph (l) of subsection (1) of section
 2192  921.187, Florida Statutes, is reenacted to read:
 2193         921.187 Disposition and sentencing; alternatives;
 2194  restitution.—
 2195         (1) The alternatives provided in this section for the
 2196  disposition of criminal cases shall be used in a manner that
 2197  will best serve the needs of society, punish criminal offenders,
 2198  and provide the opportunity for rehabilitation. If the offender
 2199  does not receive a state prison sentence, the court may:
 2200         (l)1. Require the offender who violates any criminal
 2201  provision of chapter 893 to pay an additional assessment in an
 2202  amount up to the amount of any fine imposed, pursuant to ss.
 2203  938.21 and 938.23.
 2204         2. Require the offender who violates any provision of s.
 2205  893.13 to pay an additional assessment in an amount of $100,
 2206  pursuant to ss. 938.055 and 943.361.
 2207         Section 63. For the purpose of incorporating the amendment
 2208  made by this act to section 938.055, Florida Statutes, in
 2209  references thereto, section 943.361, Florida Statutes, is
 2210  reenacted to read:
 2211         943.361 Statewide criminal analysis laboratory system;
 2212  funding through fine surcharges.—
 2213         (1) Funds deposited pursuant to ss. 938.055 and 938.07 for
 2214  the statewide criminal analysis laboratory system shall be used
 2215  for state reimbursements to local county-operated crime
 2216  laboratories enumerated in s. 943.35(1), and for the equipment,
 2217  health, safety, and training of member crime laboratories of the
 2218  statewide criminal analysis laboratory system.
 2219         (2) Moneys deposited pursuant to ss. 938.055 and 938.07 for
 2220  the statewide criminal analysis laboratory system shall be
 2221  appropriated by the Legislature in accordance with the
 2222  provisions of chapter 216 and with the purposes stated in
 2223  subsection (1).
 2224         Section 64. For the purpose of incorporating the amendment
 2225  made by this act to section 938.06, Florida Statutes, in
 2226  references thereto, paragraph (b) of subsection (4) and
 2227  paragraph (b) of subsection (5) of section 16.555, Florida
 2228  Statutes, are reenacted to read:
 2229         16.555 Crime Stoppers Trust Fund; rulemaking.—
 2230         (4)
 2231         (b) The proceeds of the court cost imposed by s. 938.06
 2232  shall be deposited in a separate account in the trust fund, and
 2233  within that account the funds shall be designated according to
 2234  the judicial circuit in which they were collected. The funds in
 2235  this account shall be used as provided in paragraph (5)(b).
 2236         (5)
 2237         (b) Funds deposited in the trust fund pursuant to paragraph
 2238  (4)(b) shall be disbursed as provided in this paragraph. A
 2239  county may apply to the department under s. 938.06 for a grant
 2240  from the funds collected in the judicial circuit in which the
 2241  county is located. A grant may be awarded only to counties that
 2242  are served by an official member of the Florida Association of
 2243  Crime Stoppers and may be used only to support Crime Stoppers
 2244  and its crime fighting programs. Only one such official member
 2245  is eligible for support within any county. To aid the department
 2246  in determining eligibility, the secretary of the Florida
 2247  Association of Crime Stoppers shall furnish the department with
 2248  a schedule of authorized crime stoppers programs and shall
 2249  update the schedule as necessary. The department shall award
 2250  grants to eligible counties from available funds and shall
 2251  distribute funds as equitably as possible, based on amounts
 2252  collected within each county, if more than one county is
 2253  eligible within a judicial circuit.
 2254         Section 65. For the purpose of incorporating the amendment
 2255  made by this act to section 938.08, Florida Statutes, in a
 2256  reference thereto, subsection (2) of section 741.01, Florida
 2257  Statutes, is reenacted to read:
 2258         741.01 County court judge or clerk of the circuit court to
 2259  issue marriage license; fee.—
 2260         (2) The fee charged for each marriage license issued in the
 2261  state shall be increased by the sum of $25. This fee shall be
 2262  collected upon receipt of the application for the issuance of a
 2263  marriage license and remitted by the clerk to the Department of
 2264  Revenue for deposit in the Domestic Violence Trust Fund. The
 2265  Executive Office of the Governor shall establish a Domestic
 2266  Violence Trust Fund for the purpose of collecting and disbursing
 2267  funds generated from the increase in the marriage license fee.
 2268  Such funds which are generated shall be directed to the
 2269  Department of Children and Families for the specific purpose of
 2270  funding domestic violence centers, and the funds shall be
 2271  appropriated in a “grants-in-aid” category to the Department of
 2272  Children and Families for the purpose of funding domestic
 2273  violence centers. From the proceeds of the surcharge deposited
 2274  into the Domestic Violence Trust Fund as required under s.
 2275  938.08, the Executive Office of the Governor may spend up to
 2276  $500,000 each year for the purpose of administering a statewide
 2277  public-awareness campaign regarding domestic violence.
 2278         Section 66. For the purpose of incorporating the amendment
 2279  made by this act to section 938.085, Florida Statutes, in a
 2280  reference thereto, paragraph (b) of subsection (3) of section
 2281  794.055, Florida Statutes, is reenacted to read:
 2282         794.055 Access to services for victims of sexual battery.—
 2283         (3)
 2284         (b) Funds received under s. 938.085 shall be used to
 2285  provide sexual battery recovery services to victims and their
 2286  families. Funds shall be distributed to rape crisis centers
 2287  based on an allocation formula that takes into account the
 2288  population and rural characteristics of each county. No more
 2289  than 15 percent of the funds shall be used by the statewide
 2290  nonprofit association for statewide initiatives. No more than 5
 2291  percent of the funds may be used by the department for
 2292  administrative costs.
 2293         Section 67. For the purpose of incorporating the amendment
 2294  made by this act to section 938.10, Florida Statutes, in
 2295  references thereto, subsection (3) of section 39.3035, Florida
 2296  Statutes, is reenacted to read:
 2297         39.3035 Child advocacy centers; standards; state funding.—
 2298         (3) A child advocacy center within this state may not
 2299  receive the funds generated pursuant to s. 938.10, state or
 2300  federal funds administered by a state agency, or any other funds
 2301  appropriated by the Legislature unless all of the standards of
 2302  subsection (1) are met and the screening requirement of
 2303  subsection (2) is met. The Florida Network of Children’s
 2304  Advocacy Centers, Inc., shall be responsible for tracking and
 2305  documenting compliance with subsections (1) and (2) for any of
 2306  the funds it administers to member child advocacy centers.
 2307         (a) Funds for the specific purpose of funding children’s
 2308  advocacy centers shall be appropriated to the Department of
 2309  Children and Families from funds collected from the additional
 2310  court cost imposed in cases of certain crimes against minors
 2311  under s. 938.10. Funds shall be disbursed to the Florida Network
 2312  of Children’s Advocacy Centers, Inc., as established under this
 2313  section, for the purpose of providing community-based services
 2314  that augment, but do not duplicate, services provided by state
 2315  agencies.
 2316         (b) The board of directors of the Florida Network of
 2317  Children’s Advocacy Centers, Inc., shall retain 10 percent of
 2318  all revenues collected to be used to match local contributions,
 2319  at a rate not to exceed an equal match, in communities
 2320  establishing children’s advocacy centers. The board of directors
 2321  may use up to 5 percent of the remaining funds to support the
 2322  activities of the network office and must develop funding
 2323  criteria and an allocation methodology that ensures an equitable
 2324  distribution of remaining funds among network participants. The
 2325  criteria and methodologies must take into account factors that
 2326  include, but need not be limited to, the center’s accreditation
 2327  status with respect to the National Children’s Alliance, the
 2328  number of clients served, and the population of the area being
 2329  served by the children’s advocacy center.
 2330         (c) At the end of each fiscal year, each children’s
 2331  advocacy center receiving revenue as provided in this section
 2332  must provide a report to the board of directors of the Florida
 2333  Network of Children’s Advocacy Centers, Inc., which reflects
 2334  center expenditures, all sources of revenue received, and
 2335  outputs that have been standardized and agreed upon by network
 2336  members and the board of directors, such as the number of
 2337  clients served, client demographic information, and number and
 2338  types of services provided. The Florida Network of Children’s
 2339  Advocacy Centers, Inc., must compile reports from the centers
 2340  and provide a report to the President of the Senate and the
 2341  Speaker of the House of Representatives in August of each year.
 2342         Section 68. For the purpose of incorporating the amendment
 2343  made by this act to section 938.10, Florida Statutes, in a
 2344  reference thereto, paragraph (v) of subsection (1) of section
 2345  215.22, Florida Statutes, is reenacted to read:
 2346         215.22 Certain income and certain trust funds exempt.—
 2347         (1) The following income of a revenue nature or the
 2348  following trust funds shall be exempt from the appropriation
 2349  required by s. 215.20(1):
 2350         (v) That portion of the fines to be disbursed to the
 2351  Florida Network of Children’s Advocacy Centers, Inc., collected
 2352  pursuant to s. 938.10.
 2353         Section 69. For the purpose of incorporating the amendment
 2354  made by this act to section 938.15, Florida Statutes, in
 2355  references thereto, paragraphs (c) and (d) of subsection (11) of
 2356  section 318.18, Florida Statutes, are reenacted to read:
 2357         318.18 Amount of penalties.—The penalties required for a
 2358  noncriminal disposition pursuant to s. 318.14 or a criminal
 2359  offense listed in s. 318.17 are as follows:
 2360         (11)
 2361         (c) In addition to the court cost required under paragraph
 2362  (a), a $2.50 court cost must be paid for each infraction to be
 2363  distributed by the clerk to the county to help pay for criminal
 2364  justice education and training programs pursuant to s. 938.15.
 2365  Funds from the distribution to the county not directed by the
 2366  county to fund these centers or programs shall be retained by
 2367  the clerk and used for funding the court-related services of the
 2368  clerk.
 2369         (d) In addition to the court cost required under paragraph
 2370  (a), a $3 court cost must be paid for each infraction to be
 2371  distributed as provided in s. 938.01 and a $2 court cost as
 2372  provided in s. 938.15 when assessed by a municipality or county.
 2373         Section 70. For the purpose of incorporating the amendment
 2374  made by this act to section 938.15, Florida Statutes, in a
 2375  reference thereto, subsection (3) of section 318.21, Florida
 2376  Statutes, is reenacted to read:
 2377         318.21 Disposition of civil penalties by county courts.—All
 2378  civil penalties received by a county court pursuant to the
 2379  provisions of this chapter shall be distributed and paid monthly
 2380  as follows:
 2381         (3) Moneys paid to a municipality or special improvement
 2382  district under subparagraph (2)(g)1. must be used to fund local
 2383  criminal justice training as provided in s. 938.15 when such a
 2384  program is established by ordinance; to fund a municipal school
 2385  crossing guard training program; and for any other lawful
 2386  purpose.
 2387         Section 71. For the purpose of incorporating the amendment
 2388  made by this act to section 938.15, Florida Statutes, in a
 2389  reference thereto, paragraph (b) of subsection (11) of section
 2390  327.73, Florida Statutes, is reenacted to read:
 2391         327.73 Noncriminal infractions.—
 2392         (11)
 2393         (b) In addition to the court cost assessed under paragraph
 2394  (a), the court shall impose a $3 court cost for each noncriminal
 2395  infraction, to be distributed as provided in s. 938.01, and a $2
 2396  court cost as provided in s. 938.15 when assessed by a
 2397  municipality or county.
 2398  
 2399  Court costs imposed under this subsection may not exceed $45. A
 2400  criminal justice selection center or both local criminal justice
 2401  access and assessment centers may be funded from these court
 2402  costs.
 2403         Section 72. For the purpose of incorporating the amendment
 2404  made by this act to section 938.15, Florida Statutes, in a
 2405  reference thereto, subsection (2) of section 938.01, Florida
 2406  Statutes, is reenacted to read:
 2407         938.01 Additional Court Cost Clearing Trust Fund.—
 2408         (2) Except as provided by s. 938.15 and notwithstanding any
 2409  other provision of law, no funds collected and deposited
 2410  pursuant to this section or s. 943.25 shall be expended unless
 2411  specifically appropriated by the Legislature.
 2412         Section 73. For the purpose of incorporating the amendment
 2413  made by this act to section 938.15, Florida Statutes, in a
 2414  reference thereto, subsection (11) of section 943.25, Florida
 2415  Statutes, is reenacted to read:
 2416         943.25 Criminal justice trust funds; source of funds; use
 2417  of funds.—
 2418         (11) Except as provided by s. 938.15 and notwithstanding
 2419  any other provision of law, no funds collected and deposited
 2420  pursuant to this section shall be expended unless specifically
 2421  appropriated by the Legislature.
 2422         Section 74. For the purpose of incorporating the amendment
 2423  made by this act to section 938.23, Florida Statutes, in
 2424  references thereto, subsections (1) and (2) and paragraph (a) of
 2425  subsection (3) of section 893.165, Florida Statutes, are
 2426  reenacted to read:
 2427         893.165 County alcohol and other drug abuse treatment or
 2428  education trust funds.—
 2429         (1) Counties in which there is established or in existence
 2430  a comprehensive alcohol and other drug abuse treatment or
 2431  education program which meets the standards for qualification of
 2432  such programs by the Department of Children and Families are
 2433  authorized to establish a County Alcohol and Other Drug Abuse
 2434  Trust Fund for the purpose of receiving the assessments
 2435  collected pursuant to s. 938.23 and disbursing assistance grants
 2436  on an annual basis to such alcohol and other drug abuse
 2437  treatment or education program.
 2438         (2) Assessments collected by the clerks of court pursuant
 2439  to s. 938.23 shall be remitted to the board of county
 2440  commissioners of the county in which the indictment was found or
 2441  the prosecution commenced for payment into the County Alcohol
 2442  and Other Drug Abuse Trust Fund. The county commissioners shall
 2443  require a full report from all clerks of county courts and
 2444  clerks of circuit courts once each month of the amount of
 2445  assessments imposed by their courts.
 2446         (3)(a) No county shall receive assessments collected
 2447  pursuant to s. 938.23 in an amount exceeding that county’s
 2448  jurisdictional share as described in subsection (2).
 2449         Section 75. For the purpose of incorporating the amendment
 2450  made by this act to section 938.23, Florida Statutes, in a
 2451  reference thereto, paragraph (l) of subsection (1) of section
 2452  921.187, Florida Statutes, is reenacted to read:
 2453         921.187 Disposition and sentencing; alternatives;
 2454  restitution.—
 2455         (1) The alternatives provided in this section for the
 2456  disposition of criminal cases shall be used in a manner that
 2457  will best serve the needs of society, punish criminal offenders,
 2458  and provide the opportunity for rehabilitation. If the offender
 2459  does not receive a state prison sentence, the court may:
 2460         (l)1. Require the offender who violates any criminal
 2461  provision of chapter 893 to pay an additional assessment in an
 2462  amount up to the amount of any fine imposed, pursuant to ss.
 2463  938.21 and 938.23.
 2464         2. Require the offender who violates any provision of s.
 2465  893.13 to pay an additional assessment in an amount of $100,
 2466  pursuant to ss. 938.055 and 943.361.
 2467         Section 76. For the purpose of incorporating the amendment
 2468  made by this act to section 938.29, Florida Statutes, in a
 2469  reference thereto, section 27.562, Florida Statutes, is
 2470  reenacted to read:
 2471         27.562 Disposition of funds.—All funds collected pursuant
 2472  to s. 938.29 shall be remitted to the Department of Revenue for
 2473  deposit into the Indigent Criminal Defense Trust Fund
 2474  administered by the Justice Administrative Commission pursuant
 2475  to s. 27.525. The Justice Administrative Commission shall
 2476  account for funds deposited into the Indigent Criminal Defense
 2477  Trust Fund by circuit. Appropriations from the fund shall be
 2478  proportional to each circuit’s collections. All judgments
 2479  entered pursuant to this part shall be in the name of the state.
 2480         Section 77. For the purpose of incorporating the amendment
 2481  made by this act to section 938.29, Florida Statutes, in a
 2482  reference thereto, paragraph (b) of subsection (3) of section
 2483  27.702, Florida Statutes, is reenacted to read:
 2484         27.702 Duties of the capital collateral regional counsel;
 2485  reports.—
 2486         (3)
 2487         (b) The court having jurisdiction over any nonindigent or
 2488  indigent-but-able-to-contribute defendant who has been receiving
 2489  the services of the capital collateral regional counsel may
 2490  assess attorney’s fees and costs against the defendant at any
 2491  stage in the proceedings as the court may deem appropriate. The
 2492  determination of indigence of any defendant shall be made
 2493  pursuant to s. 27.52. Liability for the costs of such
 2494  representation may be imposed in the form of a lien against the
 2495  property of the nonindigent or indigent-but-able-to-contribute
 2496  defendant, which lien shall be enforceable as provided in s.
 2497  27.561 or s. 938.29.
 2498         Section 78. For the purpose of incorporating the amendment
 2499  made by this act to section 938.29, Florida Statutes, in a
 2500  reference thereto, subsection (6) of section 28.246, Florida
 2501  Statutes, is reenacted to read:
 2502         28.246 Payment of court-related fines or other monetary
 2503  penalties, fees, charges, and costs; partial payments;
 2504  distribution of funds.—
 2505         (6) A clerk of court shall pursue the collection of any
 2506  fees, service charges, fines, court costs, and liens for the
 2507  payment of attorney fees and costs pursuant to s. 938.29 which
 2508  remain unpaid after 90 days by referring the account to a
 2509  private attorney who is a member in good standing of The Florida
 2510  Bar or collection agent who is registered and in good standing
 2511  pursuant to chapter 559. In pursuing the collection of such
 2512  unpaid financial obligations through a private attorney or
 2513  collection agent, the clerk of the court must have attempted to
 2514  collect the unpaid amount through a collection court,
 2515  collections docket, or other collections process, if any,
 2516  established by the court, find this to be cost-effective and
 2517  follow any applicable procurement practices. The collection fee,
 2518  including any reasonable attorney’s fee, paid to any attorney or
 2519  collection agent retained by the clerk may be added to the
 2520  balance owed in an amount not to exceed 40 percent of the amount
 2521  owed at the time the account is referred to the attorney or
 2522  agent for collection. The clerk shall give the private attorney
 2523  or collection agent the application for the appointment of
 2524  court-appointed counsel regardless of whether the court file is
 2525  otherwise confidential from disclosure.
 2526         Section 79. For the purpose of incorporating the amendment
 2527  made by this act to section 938.29, Florida Statutes, in
 2528  references thereto, subsection (1) and paragraph (b) of
 2529  subsection (2) of section 39.0134, Florida Statutes, are
 2530  reenacted to read:
 2531         39.0134 Appointed counsel; compensation.—
 2532         (1) If counsel is entitled to receive compensation for
 2533  representation pursuant to a court appointment in a dependency
 2534  proceeding or a termination of parental rights proceeding
 2535  pursuant to this chapter, compensation shall be paid in
 2536  accordance with s. 27.5304. The state may acquire and enforce a
 2537  lien upon court-ordered payment of attorney’s fees and costs in
 2538  the same manner prescribed in s. 938.29.
 2539         (2)
 2540         (b) If reasonable attorney’s fees or costs are assessed,
 2541  the court, at its discretion, may make payment of the fees or
 2542  costs part of any case plan in dependency proceedings. However,
 2543  a case plan may not remain open for the sole issue of payment of
 2544  attorney’s fees or costs. At the court’s discretion, a lien upon
 2545  court-ordered payment of attorney’s fees and costs may be
 2546  ordered by the court and enforced in the same manner prescribed
 2547  in s. 938.29.
 2548         Section 80. For the purpose of incorporating the amendment
 2549  made by this act to section 938.29, Florida Statutes, in a
 2550  reference thereto, subsection (3) of section 55.03, Florida
 2551  Statutes, is reenacted to read:
 2552         55.03 Judgments; rate of interest, generally.—
 2553         (3) The interest rate is established at the time a judgment
 2554  is obtained and such interest rate shall be adjusted annually on
 2555  January 1 of each year in accordance with the interest rate in
 2556  effect on that date as set by the Chief Financial Officer until
 2557  the judgment is paid, except for judgments entered by the clerk
 2558  of the court pursuant to ss. 55.141, 61.14, 938.29, and 938.30,
 2559  which shall not be adjusted annually.
 2560         Section 81. For the purpose of incorporating the amendment
 2561  made by this act to section 938.29, Florida Statutes, in a
 2562  reference thereto, subsection (9) of section 938.30, Florida
 2563  Statutes, is reenacted to read:
 2564         938.30 Financial obligations in criminal cases;
 2565  supplementary proceedings.—
 2566         (9) The clerk of the court shall enforce, satisfy,
 2567  compromise, settle, subordinate, release, or otherwise dispose
 2568  of any debts or liens imposed and collected under this section
 2569  in the same manner as prescribed in s. 938.29(3).
 2570         Section 82. For the purpose of incorporating the amendment
 2571  made by this act to section 938.29, Florida Statutes, in a
 2572  reference thereto, section 947.18, Florida Statutes, is
 2573  reenacted to read:
 2574         947.18 Conditions of parole.—No person shall be placed on
 2575  parole merely as a reward for good conduct or efficient
 2576  performance of duties assigned in prison. No person shall be
 2577  placed on parole until and unless the commission finds that
 2578  there is reasonable probability that, if the person is placed on
 2579  parole, he or she will live and conduct himself or herself as a
 2580  respectable and law-abiding person and that the person’s release
 2581  will be compatible with his or her own welfare and the welfare
 2582  of society. No person shall be placed on parole unless and until
 2583  the commission is satisfied that he or she will be suitably
 2584  employed in self-sustaining employment or that he or she will
 2585  not become a public charge. The commission shall determine the
 2586  terms upon which such person shall be granted parole. If the
 2587  person’s conviction was for a controlled substance violation,
 2588  one of the conditions must be that the person submit to random
 2589  substance abuse testing intermittently throughout the term of
 2590  supervision, upon the direction of the correctional probation
 2591  officer as defined in s. 943.10(3). In addition to any other
 2592  lawful condition of parole, the commission may make the payment
 2593  of the debt due and owing to the state under s. 960.17 or the
 2594  payment of the attorney’s fees and costs due and owing to the
 2595  state under s. 938.29 a condition of parole subject to
 2596  modification based on change of circumstances. If the person’s
 2597  conviction was for a crime that was found to have been committed
 2598  for the purpose of benefiting, promoting, or furthering the
 2599  interests of a criminal gang, one of the conditions must be that
 2600  the person be prohibited from knowingly associating with other
 2601  criminal gang members or associates, except as authorized by law
 2602  enforcement officials, prosecutorial authorities, or the court,
 2603  for the purpose of aiding in the investigation of criminal
 2604  activity.
 2605         Section 83. For the purpose of incorporating the amendment
 2606  made by this act to section 939.185, Florida Statutes, in
 2607  references thereto, subsections (1), (2), and (4) of section
 2608  938.17, Florida Statutes, are reenacted to read:
 2609         938.17 County delinquency prevention; juvenile assessment
 2610  centers and school board suspension programs.—
 2611         (1) Prior to the use of costs received pursuant to s.
 2612  939.185, the sheriff’s office of the county must be a partner in
 2613  a written agreement with the Department of Juvenile Justice to
 2614  participate in a juvenile assessment center or with the district
 2615  school board to participate in a suspension program.
 2616         (2) Assessments collected by clerks of the circuit courts
 2617  comprised of more than one county shall remit the funds
 2618  collected pursuant to s. 939.185 to the county in which the
 2619  offense at issue was committed for deposit and disbursement.
 2620         (4) A sheriff’s office that receives proceeds pursuant to
 2621  s. 939.185 shall account for all funds annually by August 1 in a
 2622  written report to the juvenile justice circuit advisory board if
 2623  funds are used for assessment centers, and to the district
 2624  school board if funds are used for suspension programs.
 2625         Section 84. For the purpose of incorporating the amendment
 2626  made by this act to section 948.09, Florida Statutes, in
 2627  references thereto, paragraph (b) of subsection (2) and
 2628  paragraph (b) of subsection (7) of section 944.4731, Florida
 2629  Statutes, are reenacted to read:
 2630         944.4731 Addiction-Recovery Supervision Program.—
 2631         (2)
 2632         (b) An offender released under addiction-recovery
 2633  supervision shall be subject to specified terms and conditions,
 2634  including payment of the costs of supervision under s. 948.09
 2635  and any other court-ordered payments, such as child support and
 2636  restitution. If an offender has received a term of probation or
 2637  community control to be served after release from incarceration,
 2638  the period of probation or community control may not be
 2639  substituted for addiction-recovery supervision and shall follow
 2640  the term of addiction-recovery supervision. A panel of not fewer
 2641  than two commissioners shall establish the terms and conditions
 2642  of supervision, and the terms and conditions must be included in
 2643  the supervision order. In setting the terms and conditions of
 2644  supervision, the commission shall weigh heavily the program
 2645  requirements, including, but not limited to, work at paid
 2646  employment while participating in treatment and traveling
 2647  restrictions. The commission shall also determine whether an
 2648  offender violates the terms and conditions of supervision and
 2649  whether a violation warrants revocation of addiction-recovery
 2650  supervision pursuant to s. 947.141. The commission shall review
 2651  the offender’s record for the purpose of establishing the terms
 2652  and conditions of supervision. The commission may impose any
 2653  special conditions it considers warranted from its review of the
 2654  record. The length of supervision may not exceed the maximum
 2655  penalty imposed by the court.
 2656         (7) While participating in a substance abuse transition
 2657  housing program, an offender shall:
 2658         (b) Pay fees to defray program costs, costs of supervision
 2659  required under s. 948.09, and any restitution or obligations for
 2660  child support.
 2661         Section 85. For the purpose of incorporating the amendment
 2662  made by this act to section 948.09, Florida Statutes, in a
 2663  reference thereto, subsection (2) of section 947.1405, Florida
 2664  Statutes, is reenacted to read:
 2665         947.1405 Conditional release program.—
 2666         (2) Any inmate who:
 2667         (a) Is convicted of a crime committed on or after October
 2668  1, 1988, and before January 1, 1994, and any inmate who is
 2669  convicted of a crime committed on or after January 1, 1994,
 2670  which crime is or was contained in category 1, category 2,
 2671  category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
 2672  Rules of Criminal Procedure (1993), and who has served at least
 2673  one prior felony commitment at a state or federal correctional
 2674  institution;
 2675         (b) Is sentenced as a habitual or violent habitual offender
 2676  or a violent career criminal pursuant to s. 775.084; or
 2677         (c) Is found to be a sexual predator under s. 775.21 or
 2678  former s. 775.23,
 2679  
 2680  shall, upon reaching the tentative release date or provisional
 2681  release date, whichever is earlier, as established by the
 2682  Department of Corrections, be released under supervision subject
 2683  to specified terms and conditions, including payment of the cost
 2684  of supervision pursuant to s. 948.09. Such supervision shall be
 2685  applicable to all sentences within the overall term of sentences
 2686  if an inmate’s overall term of sentences includes one or more
 2687  sentences that are eligible for conditional release supervision
 2688  as provided herein. Effective July 1, 1994, and applicable for
 2689  offenses committed on or after that date, the commission may
 2690  require, as a condition of conditional release, that the
 2691  releasee make payment of the debt due and owing to a county or
 2692  municipal detention facility under s. 951.032 for medical care,
 2693  treatment, hospitalization, or transportation received by the
 2694  releasee while in that detention facility. The commission, in
 2695  determining whether to order such repayment and the amount of
 2696  such repayment, shall consider the amount of the debt, whether
 2697  there was any fault of the institution for the medical expenses
 2698  incurred, the financial resources of the releasee, the present
 2699  and potential future financial needs and earning ability of the
 2700  releasee, and dependents, and other appropriate factors. If any
 2701  inmate placed on conditional release supervision is also subject
 2702  to probation or community control, resulting from a probationary
 2703  or community control split sentence within the overall term of
 2704  sentences, the Department of Corrections shall supervise such
 2705  person according to the conditions imposed by the court and the
 2706  commission shall defer to such supervision. If the court revokes
 2707  probation or community control and resentences the offender to a
 2708  term of incarceration, such revocation also constitutes a
 2709  sufficient basis for the revocation of the conditional release
 2710  supervision on any nonprobationary or noncommunity control
 2711  sentence without further hearing by the commission. If any such
 2712  supervision on any nonprobationary or noncommunity control
 2713  sentence is revoked, such revocation may result in a forfeiture
 2714  of all gain-time, and the commission may revoke the resulting
 2715  deferred conditional release supervision or take other action it
 2716  considers appropriate. If the term of conditional release
 2717  supervision exceeds that of the probation or community control,
 2718  then, upon expiration of the probation or community control,
 2719  authority for the supervision shall revert to the commission and
 2720  the supervision shall be subject to the conditions imposed by
 2721  the commission. A panel of no fewer than two commissioners shall
 2722  establish the terms and conditions of any such release. If the
 2723  offense was a controlled substance violation, the conditions
 2724  shall include a requirement that the offender submit to random
 2725  substance abuse testing intermittently throughout the term of
 2726  conditional release supervision, upon the direction of the
 2727  correctional probation officer as defined in s. 943.10(3). The
 2728  commission shall also determine whether the terms and conditions
 2729  of such release have been violated and whether such violation
 2730  warrants revocation of the conditional release.
 2731         Section 86. For the purpose of incorporating the amendment
 2732  made by this act to section 948.09, Florida Statutes, in a
 2733  reference thereto, subsection (6) of section 948.01, Florida
 2734  Statutes, is reenacted to read:
 2735         948.01 When court may place defendant on probation or into
 2736  community control.—
 2737         (6) When the court, under any of the foregoing subsections,
 2738  places a defendant on probation or into community control, it
 2739  may specify that the defendant serve all or part of the
 2740  probationary or community control period in a community
 2741  residential or nonresidential facility under the jurisdiction of
 2742  the Department of Corrections or the Department of Children and
 2743  Families or any public or private entity providing such
 2744  services, and it shall require the payment prescribed in s.
 2745  948.09.
 2746         Section 87. For the purpose of incorporating the amendment
 2747  made by this act to section 948.09, Florida Statutes, in a
 2748  reference thereto, subsection (1) of section 948.013, Florida
 2749  Statutes, is reenacted to read:
 2750         948.013 Administrative probation.—
 2751         (1) The Department of Corrections may transfer an offender
 2752  to administrative probation if he or she presents a low risk of
 2753  harm to the community and has satisfactorily completed at least
 2754  half of his or her probation term. The department may establish
 2755  procedures for transferring an offender to administrative
 2756  probation. The department may collect an initial processing fee
 2757  of up to $50 for each probationer transferred to administrative
 2758  probation. The offender is exempt from further payment for the
 2759  cost of supervision as required in s. 948.09.
 2760         Section 88. For the purpose of incorporating the amendment
 2761  made by this act to section 948.09, Florida Statutes, in a
 2762  reference thereto, subsection (5) of section 948.06, Florida
 2763  Statutes, is reenacted to read:
 2764         948.06 Violation of probation or community control;
 2765  revocation; modification; continuance; failure to pay
 2766  restitution or cost of supervision.—
 2767         (5) In any hearing in which the failure of a probationer or
 2768  offender in community control to pay restitution or the cost of
 2769  supervision as provided in s. 948.09, as directed, is
 2770  established by the state, if the probationer or offender asserts
 2771  his or her inability to pay restitution or the cost of
 2772  supervision, it is incumbent upon the probationer or offender to
 2773  prove by clear and convincing evidence that he or she does not
 2774  have the present resources available to pay restitution or the
 2775  cost of supervision despite sufficient bona fide efforts legally
 2776  to acquire the resources to do so. If the probationer or
 2777  offender cannot pay restitution or the cost of supervision
 2778  despite sufficient bona fide efforts, the court shall consider
 2779  alternate measures of punishment other than imprisonment. Only
 2780  if alternate measures are not adequate to meet the state’s
 2781  interests in punishment and deterrence may the court imprison a
 2782  probationer or offender in community control who has
 2783  demonstrated sufficient bona fide efforts to pay restitution or
 2784  the cost of supervision.
 2785         Section 89. For the purpose of incorporating the amendment
 2786  made by this act to section 948.09, Florida Statutes, in a
 2787  reference thereto, subsection (5) of section 948.11, Florida
 2788  Statutes, is reenacted to read:
 2789         948.11 Electronic monitoring devices.—
 2790         (5) Any person being electronically monitored by the
 2791  department as a result of being placed on supervision shall pay
 2792  the department for the electronic monitoring services as
 2793  provided in s. 948.09(2).
 2794         Section 90. For the purpose of incorporating the amendment
 2795  made by this act to section 960.28, Florida Statutes, in a
 2796  reference thereto, subsection (5) of section 39.304, Florida
 2797  Statutes, is reenacted to read:
 2798         39.304 Photographs, medical examinations, X rays, and
 2799  medical treatment of abused, abandoned, or neglected child.—
 2800         (5) The county in which the child is a resident shall bear
 2801  the initial costs of the examination of the allegedly abused,
 2802  abandoned, or neglected child; however, the parents or legal
 2803  custodian of the child shall be required to reimburse the county
 2804  for the costs of such examination, other than an initial
 2805  forensic physical examination as provided in s. 960.28, and to
 2806  reimburse the department for the cost of the photographs taken
 2807  pursuant to this section. A medical provider may not bill a
 2808  child victim, directly or indirectly, for the cost of an initial
 2809  forensic physical examination.
 2810         Section 91. For the purpose of incorporating the amendment
 2811  made by this act to section 960.28, Florida Statutes, in a
 2812  reference thereto, section 624.128, Florida Statutes, is
 2813  reenacted to read:
 2814         624.128 Crime victims exemption.—Any other provision of the
 2815  Florida Statutes to the contrary notwithstanding, the deductible
 2816  or copayment provision of any insurance policy shall not be
 2817  applicable to a person determined eligible pursuant to the
 2818  Florida Crimes Compensation Act, excluding s. 960.28.
 2819         Section 92. For the purpose of incorporating the amendment
 2820  made by this act to section 960.28, Florida Statutes, in a
 2821  reference thereto, paragraph (c) of subsection (6) of section
 2822  960.13, Florida Statutes, is reenacted to read:
 2823         960.13 Awards.—
 2824         (6) Any award made pursuant to this chapter, except an
 2825  award for loss of support or catastrophic injury, shall be
 2826  reduced by the amount of any payments or services received or to
 2827  be received by the claimant as a result of the injury or death:
 2828         (c) From agencies mandated by other Florida statutes to
 2829  provide or pay for services, except as provided in s. 960.28.
 2830         Section 93. For the purpose of incorporating the amendment
 2831  made by this act to section 985.033, Florida Statutes, in a
 2832  reference thereto, paragraph (b) of subsection (4) of section
 2833  984.09, Florida Statutes, is reenacted to read:
 2834         984.09 Punishment for contempt of court; alternative
 2835  sanctions.—
 2836         (4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
 2837  PROCESS.—
 2838         (b) If a child is charged with indirect contempt of court,
 2839  the court must hold a hearing within 24 hours to determine
 2840  whether the child committed indirect contempt of a valid court
 2841  order. At the hearing, the following due process rights must be
 2842  provided to the child:
 2843         1. Right to a copy of the order to show cause alleging
 2844  facts supporting the contempt charge.
 2845         2. Right to an explanation of the nature and the
 2846  consequences of the proceedings.
 2847         3. Right to legal counsel and the right to have legal
 2848  counsel appointed by the court if the juvenile is indigent,
 2849  pursuant to s. 985.033.
 2850         4. Right to confront witnesses.
 2851         5. Right to present witnesses.
 2852         6. Right to have a transcript or record of the proceeding.
 2853         7. Right to appeal to an appropriate court.
 2854  
 2855  The child’s parent or guardian may address the court regarding
 2856  the due process rights of the child. The court shall review the
 2857  placement of the child every 72 hours to determine whether it is
 2858  appropriate for the child to remain in the facility.
 2859         Section 94. For the purpose of incorporating the amendment
 2860  made by this act to section 985.033, Florida Statutes, in a
 2861  reference thereto, subsection (2) of section 984.226, Florida
 2862  Statutes, is reenacted to read:
 2863         984.226 Physically secure setting.—
 2864         (2) When a petition is filed alleging that a child is a
 2865  child in need of services, the child must be represented by
 2866  counsel at each court appearance unless the record in that
 2867  proceeding affirmatively demonstrates by clear and convincing
 2868  evidence that the child knowingly and intelligently waived the
 2869  right to counsel after being fully advised by the court of the
 2870  nature of the proceedings and the dispositional alternatives
 2871  available to the court under this section. If the court decides
 2872  to appoint counsel for the child and if the child is indigent,
 2873  the court shall appoint an attorney to represent the child as
 2874  provided under s. 985.033. Nothing precludes the court from
 2875  requesting reimbursement of attorney’s fees and costs from the
 2876  nonindigent parent or legal guardian.
 2877         Section 95. For the purpose of incorporating the amendment
 2878  made by this act to section 985.033, Florida Statutes, in a
 2879  reference thereto, paragraph (b) of subsection (4) of section
 2880  985.037, Florida Statutes, is reenacted to read:
 2881         985.037 Punishment for contempt of court; alternative
 2882  sanctions.—
 2883         (4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
 2884  PROCESS.—
 2885         (b) If a child is charged with indirect contempt of court,
 2886  the court must hold a hearing within 24 hours to determine
 2887  whether the child committed indirect contempt of a valid court
 2888  order. At the hearing, the following due process rights must be
 2889  provided to the child:
 2890         1. Right to a copy of the order to show cause alleging
 2891  facts supporting the contempt charge.
 2892         2. Right to an explanation of the nature and the
 2893  consequences of the proceedings.
 2894         3. Right to legal counsel and the right to have legal
 2895  counsel appointed by the court if the juvenile is indigent,
 2896  under s. 985.033.
 2897         4. Right to confront witnesses.
 2898         5. Right to present witnesses.
 2899         6. Right to have a transcript or record of the proceeding.
 2900         7. Right to appeal to an appropriate court.
 2901  
 2902  The child’s parent or guardian may address the court regarding
 2903  the due process rights of the child. Upon motion by the defense
 2904  attorney or state attorney, the court shall review the placement
 2905  of the child to determine whether it is appropriate for the
 2906  child to remain in the facility.
 2907         Section 96. For the purpose of incorporating the amendment
 2908  made by this act to section 985.033, Florida Statutes, in a
 2909  reference thereto, section 985.511, Florida Statutes, is
 2910  reenacted to read:
 2911         985.511 Costs of representation.—The responsibilities of
 2912  the parents or legal guardian of the child to pay costs
 2913  associated with the representation of the child are prescribed
 2914  under s. 985.033.
 2915         Section 97. For the purpose of incorporating the amendment
 2916  made by this act to section 985.12, Florida Statutes, in a
 2917  reference thereto, paragraph (b) of subsection (3) of section
 2918  943.051, Florida Statutes, is reenacted to read:
 2919         943.051 Criminal justice information; collection and
 2920  storage; fingerprinting.—
 2921         (3)
 2922         (b) A minor who is charged with or found to have committed
 2923  the following offenses shall be fingerprinted and the
 2924  fingerprints shall be submitted electronically to the
 2925  department, unless the minor is issued a civil citation pursuant
 2926  to s. 985.12:
 2927         1. Assault, as defined in s. 784.011.
 2928         2. Battery, as defined in s. 784.03.
 2929         3. Carrying a concealed weapon, as defined in s. 790.01(1).
 2930         4. Unlawful use of destructive devices or bombs, as defined
 2931  in s. 790.1615(1).
 2932         5. Neglect of a child, as defined in s. 827.03(1)(e).
 2933         6. Assault or battery on a law enforcement officer, a
 2934  firefighter, or other specified officers, as defined in s.
 2935  784.07(2)(a) and (b).
 2936         7. Open carrying of a weapon, as defined in s. 790.053.
 2937         8. Exposure of sexual organs, as defined in s. 800.03.
 2938         9. Unlawful possession of a firearm, as defined in s.
 2939  790.22(5).
 2940         10. Petit theft, as defined in s. 812.014(3).
 2941         11. Cruelty to animals, as defined in s. 828.12(1).
 2942         12. Arson, as defined in s. 806.031(1).
 2943         13. Unlawful possession or discharge of a weapon or firearm
 2944  at a school-sponsored event or on school property, as provided
 2945  in s. 790.115.
 2946         Section 98. For the purpose of incorporating the amendment
 2947  made by this act to section 985.12, Florida Statutes, in a
 2948  reference thereto, paragraph (b) of subsection (1) of section
 2949  985.11, Florida Statutes, is reenacted to read:
 2950         985.11 Fingerprinting and photographing.—
 2951         (1)
 2952         (b) Unless the child is issued a civil citation or is
 2953  participating in a similar diversion program pursuant to s.
 2954  985.12, a child who is charged with or found to have committed
 2955  one of the following offenses shall be fingerprinted, and the
 2956  fingerprints shall be submitted to the Department of Law
 2957  Enforcement as provided in s. 943.051(3)(b):
 2958         1. Assault, as defined in s. 784.011.
 2959         2. Battery, as defined in s. 784.03.
 2960         3. Carrying a concealed weapon, as defined in s. 790.01(1).
 2961         4. Unlawful use of destructive devices or bombs, as defined
 2962  in s. 790.1615(1).
 2963         5. Neglect of a child, as defined in s. 827.03(1)(e).
 2964         6. Assault on a law enforcement officer, a firefighter, or
 2965  other specified officers, as defined in s. 784.07(2)(a).
 2966         7. Open carrying of a weapon, as defined in s. 790.053.
 2967         8. Exposure of sexual organs, as defined in s. 800.03.
 2968         9. Unlawful possession of a firearm, as defined in s.
 2969  790.22(5).
 2970         10. Petit theft, as defined in s. 812.014.
 2971         11. Cruelty to animals, as defined in s. 828.12(1).
 2972         12. Arson, resulting in bodily harm to a firefighter, as
 2973  defined in s. 806.031(1).
 2974         13. Unlawful possession or discharge of a weapon or firearm
 2975  at a school-sponsored event or on school property as defined in
 2976  s. 790.115.
 2977  
 2978  A law enforcement agency may fingerprint and photograph a child
 2979  taken into custody upon probable cause that such child has
 2980  committed any other violation of law, as the agency deems
 2981  appropriate. Such fingerprint records and photographs shall be
 2982  retained by the law enforcement agency in a separate file, and
 2983  these records and all copies thereof must be marked “Juvenile
 2984  Confidential.” These records are not available for public
 2985  disclosure and inspection under s. 119.07(1) except as provided
 2986  in ss. 943.053 and 985.04(2), but shall be available to other
 2987  law enforcement agencies, criminal justice agencies, state
 2988  attorneys, the courts, the child, the parents or legal
 2989  custodians of the child, their attorneys, and any other person
 2990  authorized by the court to have access to such records. In
 2991  addition, such records may be submitted to the Department of Law
 2992  Enforcement for inclusion in the state criminal history records
 2993  and used by criminal justice agencies for criminal justice
 2994  purposes. These records may, in the discretion of the court, be
 2995  open to inspection by anyone upon a showing of cause. The
 2996  fingerprint and photograph records shall be produced in the
 2997  court whenever directed by the court. Any photograph taken
 2998  pursuant to this section may be shown by a law enforcement
 2999  officer to any victim or witness of a crime for the purpose of
 3000  identifying the person who committed such crime.
 3001         Section 99. For the purpose of incorporating the amendments
 3002  made by this act to sections 985.12 and 985.155, Florida
 3003  Statutes, in references thereto, paragraph (a) of subsection (2)
 3004  of section 943.0582, Florida Statutes, is reenacted to read:
 3005         943.0582 Diversion program expunction.—
 3006         (2) As used in this section, the term:
 3007         (a) “Diversion program” means a program under s. 985.12, s.
 3008  985.125, s. 985.155, or s. 985.16 or a program to which a
 3009  referral is made by a state attorney under s. 985.15.
 3010         Section 100. For the purpose of incorporating the amendment
 3011  made by this act to section 985.18, Florida Statutes, in a
 3012  reference thereto, subsection (4) of section 790.115, Florida
 3013  Statutes, is reenacted to read:
 3014         790.115 Possessing or discharging weapons or firearms at a
 3015  school-sponsored event or on school property prohibited;
 3016  penalties; exceptions.—
 3017         (4) Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1),
 3018  any minor under 18 years of age who is charged under this
 3019  section with possessing or discharging a firearm on school
 3020  property shall be detained in secure detention, unless the state
 3021  attorney authorizes the release of the minor, and shall be given
 3022  a probable cause hearing within 24 hours after being taken into
 3023  custody. At the hearing, the court may order that the minor
 3024  continue to be held in secure detention for a period of 21 days,
 3025  during which time the minor shall receive medical, psychiatric,
 3026  psychological, or substance abuse examinations pursuant to s.
 3027  985.18, and a written report shall be completed.
 3028         Section 101. For the purpose of incorporating the amendment
 3029  made by this act to section 985.18, Florida Statutes, in a
 3030  reference thereto, subsection (2) of section 985.64, Florida
 3031  Statutes, is reenacted to read:
 3032         985.64 Rulemaking.—
 3033         (2) The department shall adopt rules to ensure the
 3034  effective provision of health services to youth in facilities or
 3035  programs operated or contracted by the department. The rules
 3036  shall address the delivery of the following:
 3037         (a) Ordinary medical care.
 3038         (b) Mental health services.
 3039         (c) Substance abuse treatment services.
 3040         (d) Services to youth with developmental disabilities.
 3041  
 3042  The department shall coordinate its rulemaking with the
 3043  Department of Children and Families and the Agency for Persons
 3044  with Disabilities to ensure that the rules adopted under this
 3045  section do not encroach upon the substantive jurisdiction of
 3046  those agencies. The department shall include the above-mentioned
 3047  entities in the rulemaking process, as appropriate. This
 3048  subsection does not supersede the provisions governing consent
 3049  to treatment and services found in ss. 39.407, 743.0645, and
 3050  985.18, or otherwise provided by law.
 3051         Section 102. This act shall take effect July 1, 2021.