Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1166
       
       
       
       
       
       
                                Barcode 424110                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/08/2012           .                                
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       The Committee on Regulated Industries (Altman) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 24.115, Florida
    6  Statutes, is amended to read:
    7         24.115 Payment of prizes.—
    8         (4)(a) It is the responsibility of the appropriate state
    9  agency and of the judicial branch to identify to the department,
   10  in the form and format prescribed by the department, persons
   11  owing an outstanding debt to any state agency or owing child
   12  support collected through a court, including spousal support or
   13  alimony for the spouse or former spouse of the obligor if the
   14  child support obligation is being enforced by the Department of
   15  Revenue.
   16         (b) Notwithstanding paragraph (a), the department must use
   17  the Comprehensive Case Information System of the Florida
   18  Association of Court Clerks and Comptroller, Inc., to determine
   19  whether a prize winner owes outstanding fines, fees, or court
   20  costs to the state before it may pay a prize of $600 or more.
   21         (c) Before Prior to the payment of a prize of $600 or more
   22  to any claimant having such an outstanding obligation, the
   23  department shall transmit the amount of the debt to the agency
   24  claiming the debt or owed the debt as shown on the Comprehensive
   25  Case Information System and shall authorize payment of the
   26  balance to the prize winner after deduction of the debt. If a
   27  prize winner owes multiple debts subject to offset under this
   28  subsection and the prize is insufficient to cover all such
   29  debts, the amount of the prize shall be transmitted first to the
   30  agency claiming that past due child support is owed. If a
   31  balance of lottery prize remains after payment of past due child
   32  support, the remaining lottery prize amount shall be transmitted
   33  to other agencies owed claiming debts owed to the state, pro
   34  rata, based upon the ratio of the individual debt to the
   35  remaining debt owed to the state.
   36         Section 2. Paragraph (a) of subsection (2) of section
   37  27.52, Florida Statutes, is amended to read:
   38         27.52 Determination of indigent status.—
   39         (2) DETERMINATION BY THE CLERK.—The clerk of the court
   40  shall determine whether an applicant seeking appointment of a
   41  public defender is indigent based upon the information provided
   42  in the application and the criteria prescribed in this
   43  subsection.
   44         (a)1. An applicant, including an applicant who is a minor
   45  or an adult tax-dependent person, is indigent if the applicant’s
   46  income is equal to or below 200 percent of the then-current
   47  federal poverty guidelines prescribed for the size of the
   48  household of the applicant by the United States Department of
   49  Health and Human Services or if the person is receiving
   50  Temporary Assistance for Needy Families-Cash Assistance,
   51  poverty-related veterans’ benefits, or Supplemental Security
   52  Income (SSI).
   53         2.a. There is a presumption that the applicant is not
   54  indigent if the applicant owns, or has equity in, any intangible
   55  or tangible personal property or real property or the expectancy
   56  of an interest in any such property having a net equity value of
   57  $2,500 or more, excluding the value of the person’s homestead
   58  and one vehicle having a net value not exceeding $5,000.
   59         b. Notwithstanding the information that the applicant
   60  provides, the clerk may shall conduct a review of the property
   61  records for the county in which the applicant resides and the
   62  motor vehicle title records of the state to identify any
   63  property interests of the applicant under this subparagraph. The
   64  clerk may shall evaluate and consider the results of the review
   65  in making a determination under this subsection. If the review
   66  is completed by the clerk, the clerk shall maintain the results
   67  of the review in a file with the application and provide the
   68  file to the court if the applicant seeks review under subsection
   69  (4) of the clerk’s determination of indigent status.
   70         Section 3. Paragraph (e) of subsection (12) of section
   71  28.24, Florida Statutes, is amended to read:
   72         28.24 Service charges by clerk of the circuit court.—The
   73  clerk of the circuit court shall charge for services rendered by
   74  the clerk’s office in recording documents and instruments and in
   75  performing the duties enumerated in amounts not to exceed those
   76  specified in this section. Notwithstanding any other provision
   77  of this section, the clerk of the circuit court shall provide
   78  without charge to the state attorney, public defender, guardian
   79  ad litem, public guardian, attorney ad litem, criminal conflict
   80  and civil regional counsel, and private court-appointed counsel
   81  paid by the state, and to the authorized staff acting on behalf
   82  of each, access to and a copy of any public record, if the
   83  requesting party is entitled by law to view the exempt or
   84  confidential record, as maintained by and in the custody of the
   85  clerk of the circuit court as provided in general law and the
   86  Florida Rules of Judicial Administration. The clerk of the
   87  circuit court may provide the requested public record in an
   88  electronic format in lieu of a paper format when capable of
   89  being accessed by the requesting entity.
   90  
   91         Charges
   92  
   93         (12) For recording, indexing, and filing any instrument not
   94  more than 14 inches by 8 1/2 inches, including required notice
   95  to property appraiser where applicable:
   96         (e) An additional service charge of $4 per page shall be
   97  paid to the clerk of the circuit court for each instrument
   98  listed in s. 28.222, except judgments received from the courts
   99  and notices of lis pendens, recorded in the official records.
  100  From the additional $4 service charge collected:
  101         1. If the counties maintain legal responsibility for the
  102  costs of the court-related technology needs as defined in s.
  103  29.008(1)(f)2. and (h), 10 cents shall be distributed to the
  104  Florida Association of Court Clerks and Comptroller, Inc., for
  105  the cost of development, implementation, operation, and
  106  maintenance of the clerks’ Comprehensive Case Information
  107  System, in which system all clerks shall participate on or
  108  before January 1, 2006; $1.90 shall be retained by the clerk to
  109  be deposited in the Public Records Modernization Trust Fund and
  110  used exclusively for funding court-related technology needs of
  111  the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
  112  be distributed to the board of county commissioners to be used
  113  exclusively to fund court-related technology, and court
  114  technology needs as defined in s. 29.008(1)(f)2. and (h) for the
  115  state trial courts, state attorney, public defender, and
  116  criminal conflict and civil regional counsel in that county. If
  117  the counties maintain legal responsibility for the costs of the
  118  court-related technology needs as defined in s. 29.008(1)(f)2.
  119  and (h), notwithstanding any other provision of law, the county
  120  is not required to provide additional funding beyond that
  121  provided herein for the court-related technology needs of the
  122  clerk as defined in s. 29.008(1)(f)2. and (h). All court records
  123  and official records are the property of the State of Florida,
  124  including any records generated as part of the Comprehensive
  125  Case Information System funded pursuant to this paragraph and
  126  the clerk of court is designated as the custodian of such
  127  records, except in a county where the duty of maintaining
  128  official records exists in a county office other than the clerk
  129  of court or comptroller, such county office is designated the
  130  custodian of all official records, and the clerk of court is
  131  designated the custodian of all court records. The clerk of
  132  court or any entity acting on behalf of the clerk of court,
  133  including an association, shall not charge a fee to any agency
  134  as defined in s. 119.011, the Legislature, or the State Court
  135  System for copies of records generated by the Comprehensive Case
  136  Information System or held by the clerk of court or any entity
  137  acting on behalf of the clerk of court, including an
  138  association.
  139         2. If the state becomes legally responsible for the costs
  140  of court-related technology needs as defined in s.
  141  29.008(1)(f)2. and (h), whether by operation of general law or
  142  by court order, $4 shall be remitted to the Department of
  143  Revenue for deposit into the General Revenue Fund.
  144         Section 4. Section 28.2405, Florida Statutes, is created to
  145  read:
  146         28.2405 Comprehensive Case Information System.—All clerks
  147  of the circuit court shall participate in the Comprehensive Case
  148  Information System of the Florida Association of Clerks and
  149  Comptroller, Inc., and shall submit electronic case data to the
  150  system based on the case types designated by the Supreme Court.
  151         Section 5. Subsection (1) of section 28.241, Florida
  152  Statutes, is amended to read:
  153         28.241 Filing fees for trial and appellate proceedings.—
  154         (1) Filing fees are due at the time a party files a
  155  pleading to initiate a proceeding or files a pleading for
  156  relief. Reopen fees are due at the time a party files a pleading
  157  to reopen a proceeding if at least 90 days have elapsed since
  158  the filing of a final order or final judgment with the clerk. If
  159  a fee is not paid upon the filing of the pleading as required
  160  under this section, the clerk shall pursue collection of the fee
  161  pursuant to s. 28.246.
  162         (a)1.a. Except as provided in sub-subparagraph b. and
  163  subparagraph 2., the party instituting any civil action, suit,
  164  or proceeding in the circuit court shall pay to the clerk of
  165  that court a filing fee of up to $395 in all cases in which
  166  there are not more than five defendants and an additional filing
  167  fee of up to $2.50 for each defendant in excess of five. Of the
  168  first $280 in filing fees, $80 must be remitted by the clerk to
  169  the Department of Revenue for deposit into the General Revenue
  170  Fund, $195 must be remitted to the Department of Revenue for
  171  deposit into the State Courts Revenue Trust Fund, $3.50 must be
  172  remitted to the Department of Revenue for deposit into the
  173  Clerks of the Court Trust Fund within the Justice Administrative
  174  Commission and used to fund the Florida Clerks of Court
  175  Operations Corporation created in s. 28.35, and $1.50 shall be
  176  remitted to the Department of Revenue for deposit into the
  177  Administrative Trust Fund within the Department of Financial
  178  Services to fund clerk budget reviews conducted by the
  179  Department of Financial Services. One third of any filing fees
  180  collected by the clerk of the circuit court in excess of $100
  181  shall be remitted to the Department of Revenue for deposit into
  182  the Clerks of the Court Trust Fund within the Justice
  183  Administrative Commission.
  184         b. The party instituting any civil action, suit, or
  185  proceeding in the circuit court under chapter 39, chapter 61,
  186  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
  187  753 shall pay to the clerk of that court a filing fee of up to
  188  $295 in all cases in which there are not more than five
  189  defendants and an additional filing fee of up to $2.50 for each
  190  defendant in excess of five. Of the first $180 in filing fees,
  191  $80 must be remitted by the clerk to the Department of Revenue
  192  for deposit into the General Revenue Fund, $95 must be remitted
  193  to the Department of Revenue for deposit into the State Courts
  194  Revenue Trust Fund, $3.50 must be remitted to the Department of
  195  Revenue for deposit into the Clerks of the Court Trust Fund
  196  within the Justice Administrative Commission and used to fund
  197  the Florida Clerks of Court Operations Corporation created in s.
  198  28.35, and $1.50 shall be remitted to the Department of Revenue
  199  for deposit into the Administrative Trust Fund within the
  200  Department of Financial Services to fund clerk budget reviews
  201  conducted by the Department of Financial Services.
  202         c. An additional filing fee of $4 shall be paid to the
  203  clerk. The clerk shall remit $3.50 to the Department of Revenue
  204  for deposit into the Court Education Trust Fund and shall remit
  205  50 cents to the Department of Revenue for deposit into the
  206  Clerks of the Court Trust Fund within the Justice Administrative
  207  Commission to fund clerk education. An additional filing fee of
  208  up to $18 shall be paid by the party seeking each severance that
  209  is granted. The clerk may impose an additional filing fee of up
  210  to $85 for all proceedings of garnishment, attachment, replevin,
  211  and distress. Postal charges incurred by the clerk of the
  212  circuit court in making service by certified or registered mail
  213  on defendants or other parties shall be paid by the party at
  214  whose instance service is made. No Additional fees, charges, or
  215  costs may not shall be added to the filing fees imposed under
  216  this section, except as authorized in this section or by general
  217  law.
  218         2.a. Notwithstanding the fees prescribed in subparagraph
  219  1., a party instituting a civil action in circuit court relating
  220  to real property or mortgage foreclosure shall pay a graduated
  221  filing fee based on the value of the claim.
  222         b. A party shall estimate in writing the amount in
  223  controversy of the claim upon filing the action. For purposes of
  224  this subparagraph, the value of a mortgage foreclosure action is
  225  based upon the principal due on the note secured by the
  226  mortgage, plus interest owed on the note and any moneys advanced
  227  by the lender for property taxes, insurance, and other advances
  228  secured by the mortgage, at the time of filing the foreclosure.
  229  The value shall also include the value of any tax certificates
  230  related to the property. In stating the value of a mortgage
  231  foreclosure claim, a party shall declare in writing the total
  232  value of the claim, as well as the individual elements of the
  233  value as prescribed in this sub-subparagraph.
  234         c. In its order providing for the final disposition of the
  235  matter, the court shall identify the actual value of the claim.
  236  The clerk shall adjust the filing fee if there is a difference
  237  between the estimated amount in controversy and the actual value
  238  of the claim and collect any additional filing fee owed or
  239  provide a refund of excess filing fee paid.
  240         d. The party shall pay a filing fee of:
  241         (I) Three hundred and ninety-five dollars in all cases in
  242  which the value of the claim is $50,000 or less and in which
  243  there are not more than five defendants. The party shall pay an
  244  additional filing fee of up to $2.50 for each defendant in
  245  excess of five. Of the first $280 in filing fees, $80 must be
  246  remitted by the clerk to the Department of Revenue for deposit
  247  into the General Revenue Fund, $195 must be remitted to the
  248  Department of Revenue for deposit into the State Courts Revenue
  249  Trust Fund, $3.50 must be remitted to the Department of Revenue
  250  for deposit into the Clerks of the Court Trust Fund within the
  251  Justice Administrative Commission and used to fund the Florida
  252  Clerks of Court Operations Corporation created in s. 28.35, and
  253  $1.50 shall be remitted to the Department of Revenue for deposit
  254  into the Administrative Trust Fund within the Department of
  255  Financial Services to fund clerk budget reviews conducted by the
  256  Department of Financial Services;
  257         (II) Nine hundred dollars in all cases in which the value
  258  of the claim is more than $50,000 but less than $250,000 and in
  259  which there are not more than five defendants. The party shall
  260  pay an additional filing fee of up to $2.50 for each defendant
  261  in excess of five. Of the first $785 in filing fees, $80 must be
  262  remitted by the clerk to the Department of Revenue for deposit
  263  into the General Revenue Fund, $700 must be remitted to the
  264  Department of Revenue for deposit into the State Courts Revenue
  265  Trust Fund, $3.50 must be remitted to the Department of Revenue
  266  for deposit into the Clerks of the Court Trust Fund within the
  267  Justice Administrative Commission and used to fund the Florida
  268  Clerks of Court Operations Corporation described in s. 28.35,
  269  and $1.50 shall be remitted to the Department of Revenue for
  270  deposit into the Administrative Trust Fund within the Department
  271  of Financial Services to fund clerk budget reviews conducted by
  272  the Department of Financial Services; or
  273         (III) One thousand nine hundred dollars in all cases in
  274  which the value of the claim is $250,000 or more and in which
  275  there are not more than five defendants. The party shall pay an
  276  additional filing fee of up to $2.50 for each defendant in
  277  excess of five. Of the first $1,785 in filing fees, $80 must be
  278  remitted by the clerk to the Department of Revenue for deposit
  279  into the General Revenue Fund, $1,700 must be remitted to the
  280  Department of Revenue for deposit into the State Courts Revenue
  281  Trust Fund, $3.50 must be remitted to the Department of Revenue
  282  for deposit into the Clerks of the Court Trust Fund within the
  283  Justice Administrative Commission to fund the Florida Clerks of
  284  Court Operations Corporation created in s. 28.35, and $1.50
  285  shall be remitted to the Department of Revenue for deposit into
  286  the Administrative Trust Fund within the Department of Financial
  287  Services to fund clerk budget reviews conducted by the
  288  Department of Financial Services.
  289         e. An additional filing fee of $4 shall be paid to the
  290  clerk. The clerk shall remit $3.50 to the Department of Revenue
  291  for deposit into the Court Education Trust Fund and shall remit
  292  50 cents to the Department of Revenue for deposit into the
  293  Clerks of the Court Trust Fund within the Justice Administrative
  294  Commission to fund clerk education. An additional filing fee of
  295  up to $18 shall be paid by the party seeking each severance that
  296  is granted. The clerk may impose an additional filing fee of up
  297  to $85 for all proceedings of garnishment, attachment, replevin,
  298  and distress. Postal charges incurred by the clerk of the
  299  circuit court in making service by certified or registered mail
  300  on defendants or other parties shall be paid by the party at
  301  whose instance service is made. No Additional fees, charges, or
  302  costs may not shall be added to the filing fees imposed under
  303  this section, except as authorized in this section or by general
  304  law.
  305         (b) A party reopening any civil action, suit, or proceeding
  306  in the circuit court shall pay to the clerk of court a filing
  307  fee set by the clerk in an amount not to exceed $50. For
  308  purposes of this section, a case is reopened after all appeals
  309  have been exhausted or time to file an appeal from a final order
  310  or final judgment has expired. A reopen fee may be assessed by
  311  the clerk for any motion filed by any party at least 90 days
  312  after a final order or final judgment has been filed with the
  313  clerk in the initial case. A reservation of jurisdiction by a
  314  court does not cause a case to remain open for purposes of this
  315  section or exempt a party from paying a reopen fee when a case
  316  previously reported as disposed of is resubmitted to a court and
  317  includes petitions for modification of a final judgment of
  318  dissolution. A party is exempt from paying the fee for any of
  319  the following:
  320         1. A writ of garnishment;
  321         2. A writ of replevin;
  322         3. A distress writ;
  323         4. A writ of attachment;
  324         5. A motion for rehearing filed within 10 days;
  325         6. A motion for attorney’s fees filed within 30 days after
  326  entry of a judgment or final order;
  327         7. A motion for dismissal filed after a mediation agreement
  328  has been filed;
  329         8. A disposition of personal property without
  330  administration;
  331         9. Any probate case prior to the discharge of a personal
  332  representative;
  333         10. Any guardianship pleading prior to discharge;
  334         11. Any mental health pleading;
  335         12. Motions to withdraw by attorneys;
  336         13. Motions exclusively for the enforcement of child
  337  support orders;
  338         14. A petition for credit of child support;
  339         15. A Notice of Intent to Relocate and any order issuing as
  340  a result of an uncontested relocation;
  341         16. Stipulations and motions to enforce stipulations;
  342         17. Responsive pleadings; or
  343         18. Cases in which there is no initial filing fee; or
  344         19. Motions for contempt.
  345         (c)1. A party in addition to a party described in sub
  346  subparagraph (a)1.a. who files a pleading in an original civil
  347  action in circuit court for affirmative relief by cross-claim,
  348  counterclaim, counterpetition, or third-party complaint shall
  349  pay the clerk of court a fee of $395. A party in addition to a
  350  party described in sub-subparagraph (a)1.b. who files a pleading
  351  in an original civil action in circuit court for affirmative
  352  relief by cross-claim, counterclaim, counterpetition, or third
  353  party complaint shall pay the clerk of court a fee of $295. The
  354  clerk shall remit the fee to the Department of Revenue for
  355  deposit into the General Revenue Fund.
  356         2. A party in addition to a party described in subparagraph
  357  (a)2. who files a pleading in an original civil action in
  358  circuit court for affirmative relief by cross-claim,
  359  counterclaim, counterpetition, or third-party complaint shall
  360  pay the clerk of court a graduated fee of:
  361         a. Three hundred and ninety-five dollars in all cases in
  362  which the value of the pleading is $50,000 or less;
  363         b. Nine hundred dollars in all cases in which the value of
  364  the pleading is more than $50,000 but less than $250,000; or
  365         c. One thousand nine hundred dollars in all cases in which
  366  the value of the pleading is $250,000 or more.
  367  
  368         The clerk shall remit the fees collected under this
  369  subparagraph to the Department of Revenue for deposit into the
  370  General Revenue Fund, except that the clerk shall remit $100 of
  371  the fee collected under sub-subparagraph a., $605 of the fee
  372  collected under sub-subparagraph b., and $1,605 of the fee
  373  collected under sub-subparagraph c. to the Department of Revenue
  374  for deposit into the State Courts Revenue Trust Fund.
  375         (d) The clerk of court shall collect a service charge of
  376  $10 for issuing an original, a certified copy, or an electronic
  377  certified copy of a summons. The clerk shall assess the fee
  378  against the party seeking to have the summons issued.
  379         Section 6. Subsection (2) of section 28.37, Florida
  380  Statutes, is amended to read:
  381         28.37 Fines, fees, service charges, and costs remitted to
  382  the state.—
  383         (2) Except as otherwise provided in ss. 28.241 and 34.041,
  384  all court-related fines, fees, service charges, and costs are
  385  considered state funds and shall be remitted by the clerk to the
  386  Department of Revenue for deposit into the Clerks of the Court
  387  Trust Fund within the Justice Administrative Commission.
  388  However, 10 percent of all court-related fines collected by the
  389  clerk, except for penalties or fines distributed to counties or
  390  municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
  391  shall be deposited into the clerk’s Public Records Modernization
  392  Trust Fund to be used exclusively for additional clerk court
  393  related operational needs and program enhancements.
  394         Section 7. Paragraphs (a) and (d) of subsection (1) and
  395  subsection (2) of section 34.041, Florida Statutes, are amended
  396  to read:
  397         34.041 Filing fees.—
  398         (1)(a) Filing fees are due at the time a party files a
  399  pleading to initiate a proceeding or files a pleading for
  400  relief. Reopen fees are due at the time a party files a pleading
  401  to reopen a proceeding if at least 90 days have elapsed since
  402  the filing of a final order or final judgment with the clerk. If
  403  a fee is not paid upon the filing of the pleading as required
  404  under this section, the clerk shall pursue collection of the fee
  405  pursuant to s. 28.246. Upon the institution of any civil action,
  406  suit, or proceeding in county court, the party shall pay the
  407  following filing fee, not to exceed:
  408         1. For all claims less than $100 $50.
  409         2. For all claims of $100 or more but not more than $500
  410  $75.
  411         3. For all claims of more than $500 but not more than
  412  $2,500 $170.
  413         4. For all claims of more than $2,500 $295.
  414         5. In addition, for all proceedings of garnishment,
  415  attachment, replevin, and distress $85.
  416         6. Notwithstanding subparagraphs 3. and 5., for all claims
  417  of not more than $1,000 filed simultaneously with an action for
  418  replevin of property that is the subject of the claim $125.
  419         7. For removal of tenant action $180.
  420  
  421         The filing fee in subparagraph 6. is the total fee due
  422  under this paragraph for that type of filing, and no other
  423  filing fee under this paragraph may be assessed against such a
  424  filing.
  425         (d) The clerk of court shall collect a service charge of
  426  $10 for issuing a summons or an electronic certified copy of a
  427  summons. The clerk shall assess the fee against the party
  428  seeking to have the summons issued.
  429         (2) A party reopening any civil action, suit, or proceeding
  430  in the county court shall pay to the clerk of court a filing fee
  431  set by the clerk in an amount not to exceed $25 for all claims
  432  of not more than $500 and an amount not to exceed $50 for all
  433  claims of more than $500. For purposes of this section, a case
  434  is reopened after all appeals have been exhausted, or time to
  435  file an appeal from a final order or final judgment has expired.
  436  A reopen fee may be assessed by the clerk for any motion filed
  437  by any party at least 90 days after a final order or final
  438  judgment has been filed with the clerk in the initial case. A
  439  reservation of jurisdiction by a court does not cause a case to
  440  remain open for purposes of this section or exempt a party from
  441  paying a reopen fee when a case previously reported as disposed
  442  of is resubmitted to a court. A party is exempt from paying the
  443  fee for any of the following:
  444         (a) A writ of garnishment;
  445         (b) A writ of replevin;
  446         (c) A distress writ;
  447         (d) A writ of attachment;
  448         (e) A motion for rehearing filed within 10 days;
  449         (f) A motion for attorney’s fees filed within 30 days of
  450  the entry of the judgment or final order;
  451         (g) A motion for dismissal filed after a mediation
  452  agreement has been filed;
  453         (h) A motion to withdraw by attorneys;
  454         (i) Stipulations and motions to enforce stipulations; or
  455         (j) Responsive pleadings; or
  456         (k) Motions for contempt.
  457         Section 8. Section 40.011, Florida Statutes, is amended to
  458  read:
  459         40.011 Jury lists.—
  460         (1) A clerk of the court shall generate a set of juror
  461  candidate lists derived from the source lists described in s.
  462  40.01. The source name lists and the juror candidate lists shall
  463  be maintained as specified in this chapter and in accordance
  464  with the juror selection plan approved in s. 40.225.
  465         (2)(1)Pursuant to s. 40.01, the Department of Highway
  466  Safety and Motor Vehicles shall deliver quarterly to the clerk
  467  of the circuit court in each county a list of names of persons
  468  who reside in that county, who are citizens of the United
  469  States, who are legal residents of Florida, who are 18 years of
  470  age or older, and for whom the department has a driver’s license
  471  or identification card record.
  472         (3) The clerk of the circuit court shall add to the list of
  473  licensed drivers and identification card holders the name of any
  474  person who is 18 years of age or older and who is a citizen of
  475  the United States and a legal resident of this state Florida and
  476  who indicates a desire to serve as a juror, but whose name does
  477  not appear on the department list, by requiring such person to
  478  execute an affidavit at the office of the clerk.
  479         (4)(2) The affidavit executed pursuant to subsection (3)
  480  (1) must be in substantially the following form:
  481  
  482  State of Florida
  483  
  484  I, ............, do solemnly swear (or affirm) that I am ....
  485  years of age; that I am a citizen of the United States and a
  486  legal resident of Florida and .... County; that I personally
  487  make application for jury duty; that I am eligible to serve as a
  488  juror under the Constitution and laws of Florida; and that I
  489  reside at ...(Address)...
  490  
  491  ...(Signature)...
  492  
  493  Sworn to and subscribed before me this .... day of ....,
  494  ...(year)..., at .... County, Florida.
  495  
  496  ........................
  497  (Signature and title of officer
  498  administering oath)
  499         (5) Using the source name lists described in subsection
  500  (1), a clerk of court may generate juror candidate lists as
  501  necessary to ensure a valid and consistent juror selection
  502  process.
  503         (a) The initial juror candidate list is derived from the
  504  name sources, described in subsections (1) and (2), and shall be
  505  the master list from which prospective jurors are drawn for
  506  summons.
  507         (b) The final juror candidate list shall contain a list of
  508  those persons, drawn from the initial candidate list as
  509  prescribed in this chapter, who are to be summoned as a pool for
  510  possible juror service.
  511         Section 9. Section 40.02, Florida Statutes, is amended to
  512  read:
  513         40.02 Selection of jury lists.—
  514         (1) The chief judge of each circuit, or a circuit judge in
  515  each county within the circuit who is designated by the chief
  516  judge, shall request the selection of a jury list in each county
  517  within the circuit during the first week of January of each
  518  year, or as soon thereafter as practicable. The chief judge or
  519  the chief judge’s designee shall direct the clerk of the court
  520  to select, by lot and at random, a sufficient number of names,
  521  with their addresses, from the initial juror candidate list of
  522  persons who are qualified to serve as jurors under the
  523  provisions of s. 40.01 and to generate a final juror candidate
  524  list of not fewer than 250 persons to serve as jurors as
  525  provided for in s. 40.221. The final juror candidate, which list
  526  must shall be signed and verified by the clerk of the court as
  527  having been selected as aforesaid. The final juror candidate
  528  list may be created, updated, or supplemented as often as
  529  necessary to prevent the selection list from becoming exhausted,
  530  but in no case less than annually during the first week of
  531  January of each year, or as soon thereafter as practicable. A
  532  circuit judge in a county to which he or she has been assigned
  533  may also request that the final juror candidate list be updated
  534  or supplemented, or that a new list be created additional jury
  535  lists as necessary to prevent the jury list from becoming
  536  exhausted.
  537         (2) When the final juror candidate annual jury list is
  538  prepared pursuant to the request of a chief judge or the chief
  539  judge’s designee, the previously prepared final juror candidate
  540  lists prepared the previous year shall be withdrawn from further
  541  use. If, notwithstanding this provision, some names are not
  542  withdrawn, such error or irregularity shall not invalidate any
  543  subsequent proceeding or jury. The fact that any person so
  544  selected had been on a former jury list or had served as a juror
  545  in any court at any time shall not be grounds for challenge of
  546  such person as a juror. If any person so selected shall be
  547  ascertained to be disqualified or incompetent to serve as a
  548  juror, such disqualification shall not affect the legality of
  549  such list or be cause of challenge to the array of any jury
  550  chosen from such list, but any person ascertained to be
  551  disqualified to serve as a juror shall be subject to challenge
  552  for cause, as defined by law. The set of juror candidate lists,
  553  although they may be defective or irregular in form or other
  554  formal requirement, or in the number or qualification of the
  555  persons so named, shall be the lists from which the names of
  556  persons for jury service are to be drawn as prescribed by law.
  557         (3)(2) The clerk of the court shall be responsible for
  558  preserving the security of the source and juror candidate jury
  559  lists.
  560         (4)(3) The clerk of the court shall perform the duties set
  561  forth in this section and in ss. 40.221, 40.23, and 40.231 in
  562  counties having an approved, computerized jury selection system,
  563  the provisions of any special law or general law of local
  564  application to the contrary notwithstanding. However, the chief
  565  judge may designate the court administrator to perform these
  566  duties if the county provides funding to the court administrator
  567  to provide the personnel and other costs associated with jury
  568  services.
  569         Section 10. Subsection (1) of section 40.022, Florida
  570  Statutes, is amended to read:
  571         40.022 Clerk to purge jury selection lists; restoration.—
  572         (1) To ensure that the juror candidates summoned satisfy
  573  the requirements of ss. 40.01 and 40.013, each clerk of the
  574  circuit court shall, upon receipt of the list of persons in the
  575  department database from the Department of Highway Safety and
  576  Motor Vehicles and at least once each month thereafter, purge
  577  the final juror candidate jury selection lists of, at a minimum,
  578  the names of those persons:
  579         (a) Adjudicated mentally incompetent;
  580         (b) Convicted of a felony; or
  581         (c) Deceased.
  582         Section 11. Section 40.221, Florida Statutes, is amended to
  583  read:
  584         40.221 Drawing jury venire.—A clerk of the court, under
  585  supervision of a judge of any court of record, shall, in a
  586  manner deemed to produce a result by lot and at random, randomly
  587  select from the final juror candidate jury list such number of
  588  persons as he or she deems necessary or expedient for a jury
  589  venire, to be returnable at such time as the judge shall
  590  specify, from which such venire or venires any jury may be
  591  organized, including a grand jury when drawn by or upon order of
  592  a judge of the circuit court. The clerk of the court shall keep
  593  the list in a secure place.
  594         Section 12. Section 40.225, Florida Statutes, is amended to
  595  read:
  596         40.225 Drawing jury venire; alternative method.—
  597         (1) Pursuant to s. 40.001, the chief judge of each circuit
  598  shall review and consent to the process for selecting juror
  599  candidates within his or her circuit. The clerk of court shall
  600  implement an automated electronic system in which Whenever a
  601  majority of the judges authorized to conduct jury trials in a
  602  county consents, the names of prospective jurors and other data
  603  pertinent thereto shall be maintained for the purpose of the
  604  drawing of juror candidates. This system shall be used as the
  605  exclusive method may be fed into a mechanical, electronic, or
  606  electrical device and drawn therefrom as an alternative to other
  607  methods authorized by law for obtaining jury venires, if such
  608  drawing is by lot and at random and is approved by the Supreme
  609  Court as hereinafter provided. Subject to the provisions of ss.
  610  40.001 and 40.02, the clerk of the circuit court in each county
  611  shall have the administrative responsibility for developing the
  612  automated system of jury venire selection, obtaining approval
  613  for the juror candidate selection process, and operating and
  614  updating the system in accordance with this chapter and
  615  technical standards and procedures adopted by the Chief Justice.
  616         (2) The clerk of the court, or the chief judge of the
  617  circuit if performing the duties of juror candidate selection as
  618  provided in s. 40.02, shall submit for approval a plan for the
  619  selection of juror candidates as required in this section to the
  620  Chief Justice. The plan must be reapproved whenever required by
  621  a change in the law, a change in the technical standards and
  622  procedures, or a change in the approved clerk-maintained
  623  hardware or software used in the automated system of jury venire
  624  selection. The proposed plan, if submitted by the clerk, must be
  625  approved by the chief judge of the judicial circuit in which the
  626  county is located, and must include a description of the
  627  equipment, methods, and mode of operation to be used, in a
  628  manner consistent with the technical standards and procedures
  629  established by the Chief Justice. When a majority of the trial
  630  judges authorizes the alternative method of drawing a jury
  631  venire as provided in subsection (1), the chief judge of the
  632  judicial circuit in which the county is located shall make a
  633  certificate to that effect and transmit the same to the Chief
  634  Justice of the Supreme Court, together with a description of the
  635  equipment, methods, and mode of operation to be used.
  636         (3) The Chief Justice shall examine the proposed plan for
  637  compliance with applicable statutory requirements and with
  638  established technical standards and procedures cause the
  639  certificate and data accompanying it to be presented to the
  640  justices of the Supreme Court. If the Chief Justice court finds
  641  that the proposed plan method will produce venires selected by
  642  lot and at random, is in compliance with applicable statutory
  643  requirements and established technical standards and procedures,
  644  will produce venires selected by lot and at random all
  645  constitutional requirements of jury selection, and is otherwise
  646  feasible and practicable, an administrative order of approval of
  647  same shall be made and filed. Thereafter, the alternative method
  648  so approved system for automated selection of jury venires shall
  649  may be used in the county so authorized.
  650         (4) The chief judge of the judicial circuit in which the
  651  county is located shall supervise the use of such alternative
  652  method whenever approval of same has been made by order of the
  653  Supreme Court.
  654         (4)(5)This section does not require Nothing herein shall
  655  be construed as requiring uniform equipment or methods
  656  throughout the state.
  657         Section 13. Subsection (4) is added to section 45.035,
  658  Florida Statutes, to read:
  659         45.035 Clerk’s fees.—In addition to other fees or service
  660  charges authorized by law, the clerk shall receive service
  661  charges related to the judicial sales procedure set forth in ss.
  662  45.031-45.034 and this section:
  663         (4) If the sale is rescheduled for any reason, the
  664  plaintiff shall pay a rescheduling fee of $70 to the clerk on
  665  each occasion the sale is rescheduled. The rescheduling fee must
  666  be assessed as costs, and the plaintiff shall pay the fee to the
  667  clerk before the sale.
  668         Section 14. Subsection (1) of section 57.081, Florida
  669  Statutes, is amended to read:
  670         57.081 Costs; right to proceed where prepayment of costs
  671  and payment of filing fees waived.—
  672         (1) Any indigent person, except a prisoner as defined in s.
  673  57.085, who is a party or intervenor in any judicial or
  674  administrative agency proceeding or who initiates such
  675  proceeding shall receive the services of the courts, sheriffs,
  676  and clerks, with respect to such proceedings, despite his or her
  677  present inability to pay for these services. Such services are
  678  limited to filing fees; service of process; certified copies of
  679  orders or final judgments; a single photocopy of any court
  680  pleading, record, or instrument filed with the clerk; examining
  681  fees; mediation services and fees; private court-appointed
  682  counsel fees; subpoena fees and services; service charges for
  683  collecting and disbursing funds; and any other cost or service
  684  arising out of pending litigation. In any appeal from an
  685  administrative agency decision, for which the clerk is
  686  responsible for preparing the transcript, the clerk shall record
  687  the cost of preparing the transcripts and the cost for copies of
  688  any exhibits in the record. A party who has obtained a
  689  certification of indigence pursuant to s. 27.52 or s. 57.082
  690  with respect to a proceeding is not required to prepay costs to
  691  a court, clerk, or sheriff and is not required to pay filing
  692  fees or charges for issuance of a summons Prepayment of costs to
  693  any court, clerk, or sheriff is not required and payment of
  694  filing fees is not required in any action if the party has
  695  obtained in each proceeding a certification of indigence in
  696  accordance with s. 27.52 or s. 57.082.
  697         Section 15. Subsection (11) is added to section 95.11,
  698  Florida Statutes, to read:
  699         95.11 Limitations other than for the recovery of real
  700  property.—Actions other than for recovery of real property shall
  701  be commenced as follows:
  702         (11) COURT COSTS AND FINES.—Notwithstanding subsection (1),
  703  an action to collect court costs, fees, or fines owed to the
  704  state may be commenced at any time.
  705         Section 16. Paragraph (a) of subsection (4) of section
  706  112.3173, Florida Statutes, is amended to read:
  707         112.3173 Felonies involving breach of public trust and
  708  other specified offenses by public officers and employees;
  709  forfeiture of retirement benefits.—
  710         (4) NOTICE.—
  711         (a) The clerk of a court in which a proceeding involving a
  712  specified offense is being conducted against a public officer or
  713  employee shall furnish notice of the proceeding to the
  714  Commission on Ethics after the state attorney advises the clerk
  715  that the defendant is a public officer or employee and that the
  716  defendant is alleged to have committed a specified offense. Such
  717  notice is sufficient if it is in the form of a copy of the
  718  indictment, information, or other document containing the
  719  charges. In addition, if a verdict of guilty is returned by a
  720  jury or by the court trying the case without a jury, or a plea
  721  of guilty or of nolo contendere is entered in the court by the
  722  public officer or employee, the clerk shall furnish a copy
  723  thereof to the Commission on Ethics.
  724         Section 17. Paragraph (b) of subsection (8) of section
  725  318.18, Florida Statutes, is amended to read:
  726         318.18 Amount of penalties.—The penalties required for a
  727  noncriminal disposition pursuant to s. 318.14 or a criminal
  728  offense listed in s. 318.17 are as follows:
  729         (8)
  730         (b)1.a. If a person has been ordered to pay a civil penalty
  731  for a noncriminal traffic infraction and the person is unable to
  732  comply with the court’s order due to demonstrable financial
  733  hardship, the court shall allow the person to satisfy the civil
  734  penalty by participating in community service until the civil
  735  penalty is paid.
  736         b. If a court orders a person to perform community service,
  737  the person shall receive credit for the civil penalty at the
  738  specified hourly credit rate per hour of community service
  739  performed, and each hour of community service performed shall
  740  reduce the civil penalty by that amount.
  741         2.a. As used in this paragraph, the term “specified hourly
  742  credit rate” means the wage rate that is specified in 29 U.S.C.
  743  s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
  744  that is then in effect, and that an employer subject to such
  745  provision must pay per hour to each employee subject to such
  746  provision.
  747         b. However, if a person ordered to perform community
  748  service has a trade or profession for which there is a community
  749  service need, the specified hourly credit rate for each hour of
  750  community service performed by that person shall be the average
  751  prevailing wage rate for the trade or profession that the
  752  community service agency needs.
  753         3.a. The community service agency supervising the person
  754  shall record the number of hours of community service completed
  755  and the date the community service hours were completed. The
  756  community service agency shall submit the data to the clerk of
  757  court on the letterhead of the community service agency, which
  758  must also bear the notarized signature of the person designated
  759  to represent the community service agency.
  760         b. When the number of community service hours completed by
  761  the person equals the amount of the civil penalty, the clerk of
  762  court shall certify this fact to the court. Thereafter, the
  763  clerk of court shall record in the case file that the civil
  764  penalty has been paid in full.
  765         4. As used in this paragraph, the term:
  766         a. “Community service” means uncompensated labor for a
  767  community service agency.
  768         b. “Community service agency” means a not-for-profit
  769  corporation, community organization, charitable organization,
  770  public officer, the state or any political subdivision of the
  771  state, or any other body the purpose of which is to improve the
  772  quality of life or social welfare of the community and which
  773  agrees to accept community service from persons unable to pay
  774  civil penalties for noncriminal traffic infractions.
  775         Section 18. Subsection (3) of section 668.50, Florida
  776  Statutes, is amended to read:
  777         668.50 Uniform Electronic Transaction Act.—
  778         (3) SCOPE.—
  779         (a) Except as otherwise provided in paragraph (b), this
  780  section applies to electronic records and electronic signatures
  781  relating to a transaction.
  782         (b) This section does not apply to a transaction to the
  783  extent the transaction is governed by:
  784         1. A provision of law governing the creation and execution
  785  of wills, codicils, or testamentary trusts;
  786         2. The Uniform Commercial Code other than s. 671.107 and
  787  chapters 672 and 680; or
  788         3. The Uniform Computer Information Transactions Act.; or
  789         4. Rules relating to judicial procedure.
  790         (c) Except with respect to subsections (2), (9), and (11),
  791  this section does not apply to a transaction to the extent the
  792  transaction is governed by rules relating to judicial procedure.
  793         (d)(c) This section applies to an electronic record or
  794  electronic signature otherwise excluded under paragraph (b) to
  795  the extent such record or signature is governed by a provision
  796  of law other than those specified in paragraph (b).
  797         (e)(d) A transaction subject to this section is also
  798  subject to other applicable provisions of substantive law.
  799         Section 19. Paragraph (c) of subsection (1) of section
  800  733.707, Florida Statutes, is amended to read:
  801         733.707 Order of payment of expenses and obligations.—
  802         (1) The personal representative shall pay the expenses of
  803  the administration and obligations of the decedent’s estate in
  804  the following order:
  805         (c) Class 3.—Debts and taxes with preference under federal
  806  law, and claims pursuant to ss. 409.9101 and 414.28, and claims
  807  in favor of the state for unpaid court costs, fees, or fines.
  808         Section 20. Section 893.11, Florida Statutes, is amended to
  809  read:
  810         893.11 Suspension, revocation, and reinstatement of
  811  business and professional licenses.—For the purposes of s.
  812  120.60(6), any conviction in any court reported to the
  813  Comprehensive Case Information System of the Florida Association
  814  of Clerks and Comptroller, Inc., for the sale of, or trafficking
  815  in, a controlled substance or for conspiracy to sell, or traffic
  816  in, a controlled substance constitutes an immediate serious
  817  danger to the public health, safety, or welfare, and is grounds
  818  for disciplinary action by the licensing state agency. A state
  819  agency shall initiate an immediate emergency suspension of an
  820  individual professional license issued by the agency, in
  821  compliance with the procedures for summary suspensions in s.
  822  120.60(6), upon the agency’s findings of the licensee’s
  823  conviction in any court reported to the Comprehensive Case
  824  Information System of the Florida Association of Court Clerks
  825  and Comptroller, Inc., Upon the conviction in any court of
  826  competent jurisdiction of any person holding a license, permit,
  827  or certificate issued by a state agency, for the sale of, or
  828  trafficking in, a controlled substance, or for conspiracy to
  829  sell, or traffic in, a controlled substance. Before renewing any
  830  professional license, a state agency that issues a professional
  831  license must use the Comprehensive Case Information System of
  832  the Florida Association of Court Clerks and Comptroller, Inc.,
  833  to obtain information relating to any conviction for the sale
  834  of, or trafficking in, a controlled substance or for conspiracy
  835  to sell, or traffic in, a controlled substance. The clerk of
  836  court shall provide electronic access to each state agency at no
  837  cost and also provide certified copies of the judgment upon
  838  request to the agency., if such offense is a felony, the clerk
  839  of said court shall send a certified copy of the judgment of
  840  conviction with the person’s license number, permit number, or
  841  certificate number on the face of such certified copy to the
  842  agency head by whom the convicted defendant has received a
  843  license, permit, or certificate to practice his or her
  844  profession or to carry on his or her business. Such agency head
  845  shall suspend or revoke the license, permit, or certificate of
  846  the convicted defendant to practice his or her profession or to
  847  carry on his or her business. Upon a showing by any such
  848  convicted defendant whose professional license, permit, or
  849  certificate has been suspended or revoked pursuant to this
  850  section that his or her civil rights have been restored or upon
  851  a showing that the convicted defendant meets the following
  852  criteria, the agency head may reinstate or reactivate such
  853  license, permit, or certificate when:
  854         (1) The person has complied with the conditions of
  855  paragraphs (a) and (b) which shall be monitored by the
  856  Department of Corrections while the person is under any
  857  supervisory sanction. If the person fails to comply with
  858  provisions of these paragraphs by either failing to maintain
  859  treatment or by testing positive for drug use, the department
  860  shall notify the licensing, permitting, or certifying agency,
  861  which shall revoke the license, permit, or certification. The
  862  person under supervision may:
  863         (a) Seek evaluation and enrollment in, and once enrolled
  864  maintain enrollment in until completion, a drug treatment and
  865  rehabilitation program which is approved or regulated by the
  866  Department of Children and Family Services. The treatment and
  867  rehabilitation program shall be specified by:
  868         1. The court, in the case of court-ordered supervisory
  869  sanctions;
  870         2. The Parole Commission, in the case of parole, control
  871  release, or conditional release; or
  872         3. The Department of Corrections, in the case of
  873  imprisonment or any other supervision required by law.
  874         (b) Submit to periodic urine drug testing pursuant to
  875  procedures prescribed by the Department of Corrections. If the
  876  person is indigent, the costs shall be paid by the Department of
  877  Corrections; or
  878         (2) The person has successfully completed an appropriate
  879  program under the Correctional Education Program.
  880         (3)As used in this section, the term “business or
  881  professional license” includes any license, permit, or
  882  certificate that authorizes a person to practice his or her
  883  profession or to carry on his or her business. However, the term
  884  This section does not include apply to any of the taxes, fees,
  885  or permits regulated, controlled, or administered by the
  886  Department of Revenue in accordance with s. 213.05.
  887         Section 21. Paragraphs (a) and (b) of subsection (2) of
  888  section 938.27, Florida Statutes, are amended to read:
  889         938.27 Judgment for costs on conviction.—
  890         (2)(a) The court shall impose the costs of prosecution and
  891  investigation notwithstanding the defendant’s present ability to
  892  pay. The court shall require the defendant to pay the costs
  893  within a specified period or pursuant to a payment plan under s.
  894  28.246(4) in specified installments.
  895         (b) The end of such period or the last such installment
  896  must shall not be later than:
  897         1. The end of the period of probation or community control,
  898  if probation or community control is ordered;
  899         2. Five years after the end of the term of imprisonment
  900  imposed, if the court does not order probation or community
  901  control; or
  902         3. Five years after the date of sentencing in any other
  903  case.
  904  
  905         However, in no event shall the obligation to pay any unpaid
  906  amounts does not expire if not paid in full within the period
  907  specified in this paragraph.
  908         Section 22. Present subsections (8) through (12) of section
  909  938.30, Florida Statutes, are renumbered as subsections (10)
  910  through (14), respectively, and new subsections (8) and (9) are
  911  added to that section to read:
  912         938.30 Financial obligations in criminal cases;
  913  supplementary proceedings.—
  914         (8) If a criminal or civil judgment has previously been
  915  entered on a court-imposed financial obligation, the judgment
  916  constitutes a civil lien against the judgment debtor’s presently
  917  owned or after-acquired real or personal property when recorded
  918  pursuant to s. 55.10, except that a judgment on a court-imposed
  919  financial obligation is not subject to the 10-year rerecording
  920  requirement of s. 55.10. The judgment must secure all unpaid
  921  court-imposed financial obligations that are due and may accrue
  922  subsequent to the recording of the judgment, as well as interest
  923  and reasonable costs for issuing a satisfaction and recording
  924  the satisfaction in the official records.
  925         (9) The clerk of the court shall enforce, satisfy,
  926  compromise, settle, subordinate, release, or otherwise dispose
  927  of any debts or liens imposed and collected under this section
  928  in the same manner as prescribed in s. 938.29(3).
  929         Section 23. Section 947.181, Florida Statutes, is amended
  930  to read:
  931         947.181 Fines, fees, restitution, or other costs ordered to
  932  be paid Victim restitution as conditions condition of parole.—
  933         (1)(a) The Parole commission shall require the payment of
  934  fines, fees, restitution, or other court-ordered costs as a
  935  condition of parole reparation or restitution to the aggrieved
  936  party for the damage or loss caused by the offense for which the
  937  parolee was imprisoned unless the commission finds reasons to
  938  the contrary. Restitution to the aggrieved party for injury,
  939  damage, or loss caused by the offense for which the parolee was
  940  imprisoned shall have first priority in the payment of amounts
  941  owed under this section. If the commission does not require the
  942  payment of fines, fees, restitution, or other court-ordered
  943  costs order restitution or requires orders only partial payment
  944  of the fines, fees, restitution, or other court-ordered costs
  945  restitution, the commission shall state on the record the
  946  reasons for its decision therefor. The amount of such reparation
  947  or restitution shall be determined by the Parole Commission.
  948         (2)(b) If the parolee fails to make the payments reparation
  949  or restitution to the aggrieved party as required authorized in
  950  subsection (1) paragraph (a), it shall be considered by the
  951  commission as a violation of parole as specified in s. 947.21
  952  and may be cause for revocation of her or his parole.
  953         (3)(2) If a defendant is paroled, any restitution ordered
  954  under s. 775.089 shall be a condition of such parole. The Parole
  955  Commission may revoke parole if the defendant fails to comply
  956  with such order.
  957         (4) In determining whether to revoke parole, the Parole
  958  commission shall consider the defendant’s employment status,
  959  earning ability, and financial resources; the willfulness of the
  960  defendant’s failure to pay; and any other special circumstances
  961  that may have a bearing on the defendant’s ability to pay.
  962         Section 24. This act shall take effect July 1, 2012.
  963  
  964  ================= T I T L E  A M E N D M E N T ================
  965         And the title is amended as follows:
  966         Delete everything before the enacting clause
  967  and insert:
  968                        A bill to be entitled                      
  969         An act relating to clerks of court; amending s.
  970         24.115, F.S.; requiring the Department of the Lottery
  971         to use the Comprehensive Case Information System of
  972         the Florida Association of Court Clerks and
  973         Comptroller, Inc., to determine whether a prize winner
  974         owes outstanding fines, fees, or court costs to the
  975         state before it may pay certain prizes; amending s.
  976         27.52, F.S.; authorizing the clerk of court to review
  977         the property records and motor vehicle records to
  978         determine whether an applicant for the appointment of
  979         a public defender is indigent; deleting a requirement
  980         that the clerk conduct the review; amending s. 28.24,
  981         F.S.; deleting a requirement for the clerks of the
  982         circuit courts to participate in the Comprehensive
  983         Case Information System; creating s. 28.2405, F.S.;
  984         requiring clerks of the circuit courts to use the
  985         Comprehensive Case Information System and to submit
  986         data to the system based on case types designated by
  987         the Supreme Court of Florida; amending s. 28.241,
  988         F.S.; providing that filing fees and fees to reopen a
  989         proceeding are due at the time a party files a
  990         pleading to initiate or reopen a proceeding; requiring
  991         the clerk of court to pursue the collection of fees
  992         that are not timely paid; revising the circumstances
  993         under which a fee to reopen a case applies; exempting
  994         a person from paying a reopen fee for filing a motion
  995         to enforce a stipulation or a motion for contempt;
  996         authorizing the clerk of court to charge a fee to
  997         issue an electronic certified copy of a summons;
  998         amending s. 28.37, F.S.; providing that certain
  999         penalties and fines are not deposited into the clerk’s
 1000         Public Records Modernization Trust Fund; amending s.
 1001         34.041, F.S.; requiring the party filing a case in
 1002         county court to pay all filing and reopen fees at the
 1003         time of filing; requiring the clerk to pursue
 1004         collection of the fees if the fees are not paid at the
 1005         time of filing; authorizing the clerk of court to
 1006         charge a fee for issuing an electronic certified copy
 1007         of a summons; revising the circumstances under which a
 1008         fee to reopen a case applies; exempting a party from
 1009         paying a reopen fee for filing motions to enforce
 1010         stipulations and motions for contempt; amending s.
 1011         40.011, F.S.; requiring that a clerk of court generate
 1012         a set of juror candidate lists; requiring that the
 1013         clerk of court add names of certain persons to the
 1014         juror candidate lists; authorizing the clerk of court
 1015         to generate juror candidate lists to ensure a valid
 1016         and consistent juror selection process; amending s.
 1017         40.02, F.S.; revising the process of selecting jury
 1018         lists; amending s. 40.022, F.S.; revising the process
 1019         of purging jury selection lists; amending s. 40.221,
 1020         F.S.; conforming provisions to changes made by the
 1021         act; amending s. 40.225, F.S.; requiring that the
 1022         clerk of court implement an automated electronic
 1023         system for drawing jury venire; providing
 1024         administrative responsibilities of the clerks of court
 1025         with regard to the jury venire; requiring that the
 1026         clerk of court or the chief judge submit for approval
 1027         a plan for the selection of juror candidates;
 1028         requiring that the Chief Justice of the Supreme Court
 1029         examine the proposed plan for compliance with
 1030         applicable statutory requirements and technical
 1031         standards and procedures; requiring that an
 1032         administrative order be filed if the proposed plan is
 1033         approved; amending s. 45.035, F.S.; requiring a
 1034         plaintiff to pay a rescheduling fee to the clerk on
 1035         each occasion a sale of real or personal property
 1036         under an order or judgment is rescheduled; requiring
 1037         the rescheduling fee to be assessed as costs;
 1038         requiring the plaintiff to pay the rescheduling fee to
 1039         the court before the sale; amending s. 57.081, F.S.;
 1040         providing that a person who receives a certification
 1041         of indigence with respect to a proceeding is not
 1042         required to pay charges to issue a summons; amending
 1043         s. 95.11, F.S.; providing that an action to collect
 1044         any court costs, fees, or fines owed to the state may
 1045         be commenced at any time; amending s. 112.3173, F.S.;
 1046         providing for the duty of a clerk of court to notify
 1047         the Commission on Ethics of certain proceedings
 1048         involving public officers or employees to arise after
 1049         the clerk is advised by the state attorney that the
 1050         defendant is a public officer or employee who is
 1051         alleged to have committed a specified offense;
 1052         amending s. 318.18, F.S.; requiring that the signature
 1053         of the person designated to represent a community
 1054         service agency be notarized on letterhead that
 1055         indicates the number of hours of community service
 1056         completed and the date the community service hours
 1057         were completed by a person who is ordered to perform
 1058         community service as a penalty for specified offenses;
 1059         amending s. 668.50, F.S.; limiting the exemption from
 1060         the Uniform Electronic Transaction Act for
 1061         transactions governed by rules relating to judicial
 1062         procedure; amending s. 733.707, F.S.; specifying the
 1063         priority of payment of unpaid court costs, fees, or
 1064         fines by a decedent’s estate; amending s. 893.11,
 1065         F.S.; providing that convictions of certain types of
 1066         criminal offenses which are reported to the
 1067         Comprehensive Case Information System of the Florida
 1068         Association of Clerks and Comptroller, Inc., are an
 1069         immediate, serious danger to the public health,
 1070         safety, or welfare; providing that such convictions
 1071         are grounds for disciplinary action by a licensing
 1072         state agency; requiring that a state agency initiate
 1073         an emergency suspension of an individual professional
 1074         license upon the agency’s finding of the licensee’s
 1075         conviction of a certain type of criminal offense which
 1076         is reported to the Comprehensive Case Information
 1077         System; requiring that certain state agencies use the
 1078         Comprehensive Case Information System to obtain
 1079         information relating to a conviction involving certain
 1080         types of criminal offenses; requiring that the clerk
 1081         of court provide to each state agency electronic
 1082         access and provide certified copies of judgments to
 1083         licensing agencies upon request; defining the term
 1084         “business or professional license”; amending s.
 1085         938.27, F.S.; authorizing a court to require a
 1086         defendant to pay the costs of prosecution and
 1087         investigation pursuant to a payment plan under a
 1088         specified provision; amending s. 938.30, F.S.;
 1089         providing that criminal or civil judgment and related
 1090         costs are a civil lien against the judgment debtor’s
 1091         presently owned or after-acquired real or personal
 1092         property if the judgment is recorded; providing an
 1093         exception to rerecording requirements; requiring that
 1094         the clerk of court enforce, satisfy, compromise,
 1095         settle, subordinate, release, or otherwise dispose of
 1096         any debts or lien imposed and collected in the same
 1097         manner as for an indigent defendant-recipient;
 1098         amending s. 947.181, F.S.; providing that the Parole
 1099         Commission require as a condition of parole the
 1100         payment of fines, fees, or other court-ordered costs
 1101         under certain circumstances; providing that
 1102         restitution ordered as a condition of parole has first
 1103         priority over the payment of other costs ordered as a
 1104         condition of parole; requiring that the commission
 1105         state on record the reasons for not requiring the full
 1106         payment of the fines, fees, or other court-ordered
 1107         costs; providing an effective date.