Florida Senate - 2012                      CS for CS for SB 1166
       
       
       
       By the Committees on Judiciary; and Regulated Industries; and
       Senator Simmons
       
       
       
       590-03539A-12                                         20121166c2
    1                        A bill to be entitled                      
    2         An act relating to clerks of court; amending s. 27.52,
    3         F.S.; authorizing the clerk of court to review the
    4         property records and motor vehicle records to
    5         determine whether an applicant for the appointment of
    6         a public defender is indigent; deleting a requirement
    7         that the clerk conduct the review; amending s. 28.24,
    8         F.S.; deleting a requirement for the clerks of the
    9         circuit courts to participate in the Comprehensive
   10         Case Information System; creating s. 28.2405, F.S.;
   11         requiring clerks of the circuit courts to use the
   12         Comprehensive Case Information System and to submit
   13         data to the system based on case types designated by
   14         the Supreme Court of Florida; amending s. 28.241,
   15         F.S.; providing that filing fees and fees to reopen a
   16         proceeding are due at the time a party files a
   17         pleading to initiate or reopen a proceeding; requiring
   18         the clerk of court to pursue the collection of fees
   19         that are not timely paid; revising the circumstances
   20         under which a fee to reopen a case applies; exempting
   21         a person from paying a reopen fee for filing a motion
   22         to enforce a stipulation or a motion for contempt;
   23         authorizing the clerk of court to charge a fee to
   24         issue an electronic certified copy of a summons;
   25         amending s. 28.37, F.S.; providing that certain
   26         penalties and fines are not deposited into the clerk’s
   27         Public Records Modernization Trust Fund; amending s.
   28         34.041, F.S.; requiring the party filing a case in
   29         county court to pay all filing and reopen fees at the
   30         time of filing; requiring the clerk to pursue
   31         collection of the fees if the fees are not paid at the
   32         time of filing; authorizing the clerk of court to
   33         charge a fee for issuing an electronic certified copy
   34         of a summons; revising the circumstances under which a
   35         fee to reopen a case applies; exempting a party from
   36         paying a reopen fee for filing motions to enforce
   37         stipulations and motions for contempt; amending s.
   38         40.011, F.S.; requiring that a clerk of court generate
   39         a set of juror candidate lists; requiring that the
   40         clerk of court add names of certain persons to the
   41         juror candidate lists; authorizing the clerk of court
   42         to generate juror candidate lists to ensure a valid
   43         and consistent juror selection process; amending s.
   44         40.02, F.S.; revising the process of selecting jury
   45         lists; amending s. 40.022, F.S.; revising the process
   46         of purging jury selection lists; amending s. 40.221,
   47         F.S.; conforming provisions to changes made by the
   48         act; amending s. 40.225, F.S.; requiring that the
   49         clerk of court implement an automated electronic
   50         system for drawing jury venire; providing
   51         administrative responsibilities of the clerks of court
   52         with regard to the jury venire; requiring that the
   53         clerk of court or the chief judge submit for approval
   54         a plan for the selection of juror candidates;
   55         requiring that the Chief Justice of the Supreme Court
   56         examine the proposed plan for compliance with
   57         applicable statutory requirements and technical
   58         standards and procedures; requiring that an
   59         administrative order be filed if the proposed plan is
   60         approved; amending s. 57.081, F.S.; providing that a
   61         person who receives a certification of indigence with
   62         respect to a proceeding is not required to pay charges
   63         to issue a summons; amending s. 95.11, F.S.; providing
   64         that an action to collect any court costs, fees, or
   65         fines owed to the state may be commenced at any time;
   66         amending s. 112.3173, F.S.; providing for the duty of
   67         a clerk of court to notify the Commission on Ethics of
   68         certain proceedings involving public officers or
   69         employees to arise after the clerk is advised by the
   70         state attorney that the defendant is a public officer
   71         or employee who is alleged to have committed a
   72         specified offense; amending s. 318.18, F.S.; requiring
   73         that the signature of the person designated to
   74         represent a community service agency be notarized on
   75         letterhead that indicates the number of hours of
   76         community service completed and the date the community
   77         service hours were completed by a person who is
   78         ordered to perform community service as a penalty for
   79         specified offenses; amending s. 668.50, F.S.; limiting
   80         the exemption from the Uniform Electronic Transaction
   81         Act for transactions governed by rules relating to
   82         judicial procedure; amending s. 733.707, F.S.;
   83         specifying the priority of payment of unpaid court
   84         costs, fees, or fines by a decedent’s estate; amending
   85         s. 893.11, F.S.; providing that convictions of certain
   86         types of criminal offenses which are reported to the
   87         Comprehensive Case Information System of the Florida
   88         Association of Clerks and Comptroller, Inc., are an
   89         immediate, serious danger to the public health,
   90         safety, or welfare; providing that such convictions
   91         are grounds for disciplinary action by a licensing
   92         state agency; requiring that a state agency initiate
   93         an emergency suspension of an individual professional
   94         license upon the agency’s finding of the licensee’s
   95         conviction of a certain type of criminal offense which
   96         is reported to the Comprehensive Case Information
   97         System; requiring that certain state agencies use the
   98         Comprehensive Case Information System to obtain
   99         information relating to a conviction involving certain
  100         types of criminal offenses; requiring that the clerk
  101         of court provide to each state agency electronic
  102         access and provide certified copies of judgments to
  103         licensing agencies upon request; defining the term
  104         “business or professional license”; amending s.
  105         938.27, F.S.; authorizing a court to require a
  106         defendant to pay the costs of prosecution and
  107         investigation pursuant to a payment plan under a
  108         specified provision; amending s. 938.30, F.S.;
  109         providing that criminal or civil judgment and related
  110         costs are a civil lien against the judgment debtor’s
  111         presently owned or after-acquired real or personal
  112         property if the judgment is recorded; providing an
  113         exception to rerecording requirements; requiring that
  114         the clerk of court enforce, satisfy, compromise,
  115         settle, subordinate, release, or otherwise dispose of
  116         any debts or lien imposed and collected in the same
  117         manner as for an indigent defendant-recipient;
  118         amending s. 947.181, F.S.; providing that the Parole
  119         Commission require as a condition of parole the
  120         payment of fines, fees, or other court-ordered costs
  121         under certain circumstances; providing that
  122         restitution ordered as a condition of parole has first
  123         priority over the payment of other costs ordered as a
  124         condition of parole; requiring that the commission
  125         state on record the reasons for not requiring the full
  126         payment of the fines, fees, or other court-ordered
  127         costs; providing an effective date.
  128  
  129  Be It Enacted by the Legislature of the State of Florida:
  130  
  131         Section 1. Paragraph (a) of subsection (2) of section
  132  27.52, Florida Statutes, is amended to read:
  133         27.52 Determination of indigent status.—
  134         (2) DETERMINATION BY THE CLERK.—The clerk of the court
  135  shall determine whether an applicant seeking appointment of a
  136  public defender is indigent based upon the information provided
  137  in the application and the criteria prescribed in this
  138  subsection.
  139         (a)1. An applicant, including an applicant who is a minor
  140  or an adult tax-dependent person, is indigent if the applicant’s
  141  income is equal to or below 200 percent of the then-current
  142  federal poverty guidelines prescribed for the size of the
  143  household of the applicant by the United States Department of
  144  Health and Human Services or if the person is receiving
  145  Temporary Assistance for Needy Families-Cash Assistance,
  146  poverty-related veterans’ benefits, or Supplemental Security
  147  Income (SSI).
  148         2.a. There is a presumption that the applicant is not
  149  indigent if the applicant owns, or has equity in, any intangible
  150  or tangible personal property or real property or the expectancy
  151  of an interest in any such property having a net equity value of
  152  $2,500 or more, excluding the value of the person’s homestead
  153  and one vehicle having a net value not exceeding $5,000.
  154         b. Notwithstanding the information that the applicant
  155  provides, the clerk may shall conduct a review of the property
  156  records for the county in which the applicant resides and the
  157  motor vehicle title records of the state to identify any
  158  property interests of the applicant under this subparagraph. The
  159  clerk may shall evaluate and consider the results of the review
  160  in making a determination under this subsection. If the review
  161  is completed by the clerk, the clerk shall maintain the results
  162  of the review in a file with the application and provide the
  163  file to the court if the applicant seeks review under subsection
  164  (4) of the clerk’s determination of indigent status.
  165         Section 2. Paragraph (e) of subsection (12) of section
  166  28.24, Florida Statutes, is amended to read:
  167         28.24 Service charges by clerk of the circuit court.—The
  168  clerk of the circuit court shall charge for services rendered by
  169  the clerk’s office in recording documents and instruments and in
  170  performing the duties enumerated in amounts not to exceed those
  171  specified in this section. Notwithstanding any other provision
  172  of this section, the clerk of the circuit court shall provide
  173  without charge to the state attorney, public defender, guardian
  174  ad litem, public guardian, attorney ad litem, criminal conflict
  175  and civil regional counsel, and private court-appointed counsel
  176  paid by the state, and to the authorized staff acting on behalf
  177  of each, access to and a copy of any public record, if the
  178  requesting party is entitled by law to view the exempt or
  179  confidential record, as maintained by and in the custody of the
  180  clerk of the circuit court as provided in general law and the
  181  Florida Rules of Judicial Administration. The clerk of the
  182  circuit court may provide the requested public record in an
  183  electronic format in lieu of a paper format when capable of
  184  being accessed by the requesting entity.
  185  
  186         Charges
  187  
  188         (12) For recording, indexing, and filing any instrument not
  189  more than 14 inches by 8 1/2 inches, including required notice
  190  to property appraiser where applicable:
  191         (e) An additional service charge of $4 per page shall be
  192  paid to the clerk of the circuit court for each instrument
  193  listed in s. 28.222, except judgments received from the courts
  194  and notices of lis pendens, recorded in the official records.
  195  From the additional $4 service charge collected:
  196         1. If the counties maintain legal responsibility for the
  197  costs of the court-related technology needs as defined in s.
  198  29.008(1)(f)2. and (h), 10 cents shall be distributed to the
  199  Florida Association of Court Clerks and Comptroller, Inc., for
  200  the cost of development, implementation, operation, and
  201  maintenance of the clerks’ Comprehensive Case Information
  202  System, in which system all clerks shall participate on or
  203  before January 1, 2006; $1.90 shall be retained by the clerk to
  204  be deposited in the Public Records Modernization Trust Fund and
  205  used exclusively for funding court-related technology needs of
  206  the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
  207  be distributed to the board of county commissioners to be used
  208  exclusively to fund court-related technology, and court
  209  technology needs as defined in s. 29.008(1)(f)2. and (h) for the
  210  state trial courts, state attorney, public defender, and
  211  criminal conflict and civil regional counsel in that county. If
  212  the counties maintain legal responsibility for the costs of the
  213  court-related technology needs as defined in s. 29.008(1)(f)2.
  214  and (h), notwithstanding any other provision of law, the county
  215  is not required to provide additional funding beyond that
  216  provided herein for the court-related technology needs of the
  217  clerk as defined in s. 29.008(1)(f)2. and (h). All court records
  218  and official records are the property of the State of Florida,
  219  including any records generated as part of the Comprehensive
  220  Case Information System funded pursuant to this paragraph and
  221  the clerk of court is designated as the custodian of such
  222  records, except in a county where the duty of maintaining
  223  official records exists in a county office other than the clerk
  224  of court or comptroller, such county office is designated the
  225  custodian of all official records, and the clerk of court is
  226  designated the custodian of all court records. The clerk of
  227  court or any entity acting on behalf of the clerk of court,
  228  including an association, shall not charge a fee to any agency
  229  as defined in s. 119.011, the Legislature, or the State Court
  230  System for copies of records generated by the Comprehensive Case
  231  Information System or held by the clerk of court or any entity
  232  acting on behalf of the clerk of court, including an
  233  association.
  234         2. If the state becomes legally responsible for the costs
  235  of court-related technology needs as defined in s.
  236  29.008(1)(f)2. and (h), whether by operation of general law or
  237  by court order, $4 shall be remitted to the Department of
  238  Revenue for deposit into the General Revenue Fund.
  239         Section 3. Section 28.2405, Florida Statutes, is created to
  240  read:
  241         28.2405 Comprehensive Case Information System.—All clerks
  242  of the circuit court shall participate in the Comprehensive Case
  243  Information System of the Florida Association of Clerks and
  244  Comptroller, Inc., and shall submit electronic case data to the
  245  system based on the case types designated by the Supreme Court.
  246         Section 4. Subsection (1) of section 28.241, Florida
  247  Statutes, is amended to read:
  248         28.241 Filing fees for trial and appellate proceedings.—
  249         (1) Filing fees are due at the time a party files a
  250  pleading to initiate a proceeding or files a pleading for
  251  relief. Reopen fees are due at the time a party files a pleading
  252  to reopen a proceeding if at least 90 days have elapsed since
  253  the filing of a final order or final judgment with the clerk. If
  254  a fee is not paid upon the filing of the pleading as required
  255  under this section, the clerk shall pursue collection of the fee
  256  pursuant to s. 28.246.
  257         (a)1.a. Except as provided in sub-subparagraph b. and
  258  subparagraph 2., the party instituting any civil action, suit,
  259  or proceeding in the circuit court shall pay to the clerk of
  260  that court a filing fee of up to $395 in all cases in which
  261  there are not more than five defendants and an additional filing
  262  fee of up to $2.50 for each defendant in excess of five. Of the
  263  first $280 in filing fees, $80 must be remitted by the clerk to
  264  the Department of Revenue for deposit into the General Revenue
  265  Fund, $195 must be remitted to the Department of Revenue for
  266  deposit into the State Courts Revenue Trust Fund, $3.50 must be
  267  remitted to the Department of Revenue for deposit into the
  268  Clerks of the Court Trust Fund within the Justice Administrative
  269  Commission and used to fund the Florida Clerks of Court
  270  Operations Corporation created in s. 28.35, and $1.50 shall be
  271  remitted to the Department of Revenue for deposit into the
  272  Administrative Trust Fund within the Department of Financial
  273  Services to fund clerk budget reviews conducted by the
  274  Department of Financial Services. One third of any filing fees
  275  collected by the clerk of the circuit court in excess of $100
  276  shall be remitted to the Department of Revenue for deposit into
  277  the Clerks of the Court Trust Fund within the Justice
  278  Administrative Commission.
  279         b. The party instituting any civil action, suit, or
  280  proceeding in the circuit court under chapter 39, chapter 61,
  281  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
  282  753 shall pay to the clerk of that court a filing fee of up to
  283  $295 in all cases in which there are not more than five
  284  defendants and an additional filing fee of up to $2.50 for each
  285  defendant in excess of five. Of the first $180 in filing fees,
  286  $80 must be remitted by the clerk to the Department of Revenue
  287  for deposit into the General Revenue Fund, $95 must be remitted
  288  to the Department of Revenue for deposit into the State Courts
  289  Revenue Trust Fund, $3.50 must be remitted to the Department of
  290  Revenue for deposit into the Clerks of the Court Trust Fund
  291  within the Justice Administrative Commission and used to fund
  292  the Florida Clerks of Court Operations Corporation created in s.
  293  28.35, and $1.50 shall be remitted to the Department of Revenue
  294  for deposit into the Administrative Trust Fund within the
  295  Department of Financial Services to fund clerk budget reviews
  296  conducted by the Department of Financial Services.
  297         c. An additional filing fee of $4 shall be paid to the
  298  clerk. The clerk shall remit $3.50 to the Department of Revenue
  299  for deposit into the Court Education Trust Fund and shall remit
  300  50 cents to the Department of Revenue for deposit into the
  301  Clerks of the Court Trust Fund within the Justice Administrative
  302  Commission to fund clerk education. An additional filing fee of
  303  up to $18 shall be paid by the party seeking each severance that
  304  is granted. The clerk may impose an additional filing fee of up
  305  to $85 for all proceedings of garnishment, attachment, replevin,
  306  and distress. Postal charges incurred by the clerk of the
  307  circuit court in making service by certified or registered mail
  308  on defendants or other parties shall be paid by the party at
  309  whose instance service is made. No Additional fees, charges, or
  310  costs may not shall be added to the filing fees imposed under
  311  this section, except as authorized in this section or by general
  312  law.
  313         2.a. Notwithstanding the fees prescribed in subparagraph
  314  1., a party instituting a civil action in circuit court relating
  315  to real property or mortgage foreclosure shall pay a graduated
  316  filing fee based on the value of the claim.
  317         b. A party shall estimate in writing the amount in
  318  controversy of the claim upon filing the action. For purposes of
  319  this subparagraph, the value of a mortgage foreclosure action is
  320  based upon the principal due on the note secured by the
  321  mortgage, plus interest owed on the note and any moneys advanced
  322  by the lender for property taxes, insurance, and other advances
  323  secured by the mortgage, at the time of filing the foreclosure.
  324  The value shall also include the value of any tax certificates
  325  related to the property. In stating the value of a mortgage
  326  foreclosure claim, a party shall declare in writing the total
  327  value of the claim, as well as the individual elements of the
  328  value as prescribed in this sub-subparagraph.
  329         c. In its order providing for the final disposition of the
  330  matter, the court shall identify the actual value of the claim.
  331  The clerk shall adjust the filing fee if there is a difference
  332  between the estimated amount in controversy and the actual value
  333  of the claim and collect any additional filing fee owed or
  334  provide a refund of excess filing fee paid.
  335         d. The party shall pay a filing fee of:
  336         (I) Three hundred and ninety-five dollars in all cases in
  337  which the value of the claim is $50,000 or less and in which
  338  there are not more than five defendants. The party shall pay an
  339  additional filing fee of up to $2.50 for each defendant in
  340  excess of five. Of the first $280 in filing fees, $80 must be
  341  remitted by the clerk to the Department of Revenue for deposit
  342  into the General Revenue Fund, $195 must be remitted to the
  343  Department of Revenue for deposit into the State Courts Revenue
  344  Trust Fund, $3.50 must be remitted to the Department of Revenue
  345  for deposit into the Clerks of the Court Trust Fund within the
  346  Justice Administrative Commission and used to fund the Florida
  347  Clerks of Court Operations Corporation created in s. 28.35, and
  348  $1.50 shall be remitted to the Department of Revenue for deposit
  349  into the Administrative Trust Fund within the Department of
  350  Financial Services to fund clerk budget reviews conducted by the
  351  Department of Financial Services;
  352         (II) Nine hundred dollars in all cases in which the value
  353  of the claim is more than $50,000 but less than $250,000 and in
  354  which there are not more than five defendants. The party shall
  355  pay an additional filing fee of up to $2.50 for each defendant
  356  in excess of five. Of the first $785 in filing fees, $80 must be
  357  remitted by the clerk to the Department of Revenue for deposit
  358  into the General Revenue Fund, $700 must be remitted to the
  359  Department of Revenue for deposit into the State Courts Revenue
  360  Trust Fund, $3.50 must be remitted to the Department of Revenue
  361  for deposit into the Clerks of the Court Trust Fund within the
  362  Justice Administrative Commission and used to fund the Florida
  363  Clerks of Court Operations Corporation described in s. 28.35,
  364  and $1.50 shall be remitted to the Department of Revenue for
  365  deposit into the Administrative Trust Fund within the Department
  366  of Financial Services to fund clerk budget reviews conducted by
  367  the Department of Financial Services; or
  368         (III) One thousand nine hundred dollars in all cases in
  369  which the value of the claim is $250,000 or more and in which
  370  there are not more than five defendants. The party shall pay an
  371  additional filing fee of up to $2.50 for each defendant in
  372  excess of five. Of the first $1,785 in filing fees, $80 must be
  373  remitted by the clerk to the Department of Revenue for deposit
  374  into the General Revenue Fund, $1,700 must be remitted to the
  375  Department of Revenue for deposit into the State Courts Revenue
  376  Trust Fund, $3.50 must be remitted to the Department of Revenue
  377  for deposit into the Clerks of the Court Trust Fund within the
  378  Justice Administrative Commission to fund the Florida Clerks of
  379  Court Operations Corporation created in s. 28.35, and $1.50
  380  shall be remitted to the Department of Revenue for deposit into
  381  the Administrative Trust Fund within the Department of Financial
  382  Services to fund clerk budget reviews conducted by the
  383  Department of Financial Services.
  384         e. An additional filing fee of $4 shall be paid to the
  385  clerk. The clerk shall remit $3.50 to the Department of Revenue
  386  for deposit into the Court Education Trust Fund and shall remit
  387  50 cents to the Department of Revenue for deposit into the
  388  Clerks of the Court Trust Fund within the Justice Administrative
  389  Commission to fund clerk education. An additional filing fee of
  390  up to $18 shall be paid by the party seeking each severance that
  391  is granted. The clerk may impose an additional filing fee of up
  392  to $85 for all proceedings of garnishment, attachment, replevin,
  393  and distress. Postal charges incurred by the clerk of the
  394  circuit court in making service by certified or registered mail
  395  on defendants or other parties shall be paid by the party at
  396  whose instance service is made. No Additional fees, charges, or
  397  costs may not shall be added to the filing fees imposed under
  398  this section, except as authorized in this section or by general
  399  law.
  400         (b) A party reopening any civil action, suit, or proceeding
  401  in the circuit court shall pay to the clerk of court a filing
  402  fee set by the clerk in an amount not to exceed $50. For
  403  purposes of this section, a case is reopened after all appeals
  404  have been exhausted or time to file an appeal from a final order
  405  or final judgment has expired. A reopen fee may be assessed by
  406  the clerk for any motion filed by any party at least 90 days
  407  after a final order or final judgment has been filed with the
  408  clerk in the initial case. A reservation of jurisdiction by a
  409  court does not cause a case to remain open for purposes of this
  410  section or exempt a party from paying a reopen fee when a case
  411  previously reported as disposed of is resubmitted to a court and
  412  includes petitions for modification of a final judgment of
  413  dissolution. A party is exempt from paying the fee for any of
  414  the following:
  415         1. A writ of garnishment;
  416         2. A writ of replevin;
  417         3. A distress writ;
  418         4. A writ of attachment;
  419         5. A motion for rehearing filed within 10 days;
  420         6. A motion for attorney’s fees filed within 30 days after
  421  entry of a judgment or final order;
  422         7. A motion for dismissal filed after a mediation agreement
  423  has been filed;
  424         8. A disposition of personal property without
  425  administration;
  426         9. Any probate case prior to the discharge of a personal
  427  representative;
  428         10. Any guardianship pleading prior to discharge;
  429         11. Any mental health pleading;
  430         12. Motions to withdraw by attorneys;
  431         13. Motions exclusively for the enforcement of child
  432  support orders;
  433         14. A petition for credit of child support;
  434         15. A Notice of Intent to Relocate and any order issuing as
  435  a result of an uncontested relocation;
  436         16. Stipulations and motions to enforce stipulations;
  437         17. Responsive pleadings; or
  438         18. Cases in which there is no initial filing fee; or
  439         19. Motions for contempt.
  440         (c)1. A party in addition to a party described in sub
  441  subparagraph (a)1.a. who files a pleading in an original civil
  442  action in circuit court for affirmative relief by cross-claim,
  443  counterclaim, counterpetition, or third-party complaint shall
  444  pay the clerk of court a fee of $395. A party in addition to a
  445  party described in sub-subparagraph (a)1.b. who files a pleading
  446  in an original civil action in circuit court for affirmative
  447  relief by cross-claim, counterclaim, counterpetition, or third
  448  party complaint shall pay the clerk of court a fee of $295. The
  449  clerk shall remit the fee to the Department of Revenue for
  450  deposit into the General Revenue Fund.
  451         2. A party in addition to a party described in subparagraph
  452  (a)2. who files a pleading in an original civil action in
  453  circuit court for affirmative relief by cross-claim,
  454  counterclaim, counterpetition, or third-party complaint shall
  455  pay the clerk of court a graduated fee of:
  456         a. Three hundred and ninety-five dollars in all cases in
  457  which the value of the pleading is $50,000 or less;
  458         b. Nine hundred dollars in all cases in which the value of
  459  the pleading is more than $50,000 but less than $250,000; or
  460         c. One thousand nine hundred dollars in all cases in which
  461  the value of the pleading is $250,000 or more.
  462  
  463  The clerk shall remit the fees collected under this subparagraph
  464  to the Department of Revenue for deposit into the General
  465  Revenue Fund, except that the clerk shall remit $100 of the fee
  466  collected under sub-subparagraph a., $605 of the fee collected
  467  under sub-subparagraph b., and $1,605 of the fee collected under
  468  sub-subparagraph c. to the Department of Revenue for deposit
  469  into the State Courts Revenue Trust Fund.
  470         (d) The clerk of court shall collect a service charge of
  471  $10 for issuing an original, a certified copy, or an electronic
  472  certified copy of a summons. The clerk shall assess the fee
  473  against the party seeking to have the summons issued.
  474         Section 5. Subsection (2) of section 28.37, Florida
  475  Statutes, is amended to read:
  476         28.37 Fines, fees, service charges, and costs remitted to
  477  the state.—
  478         (2) Except as otherwise provided in ss. 28.241 and 34.041,
  479  all court-related fines, fees, service charges, and costs are
  480  considered state funds and shall be remitted by the clerk to the
  481  Department of Revenue for deposit into the Clerks of the Court
  482  Trust Fund within the Justice Administrative Commission.
  483  However, 10 percent of all court-related fines collected by the
  484  clerk, except for penalties or fines distributed to counties or
  485  municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
  486  shall be deposited into the clerk’s Public Records Modernization
  487  Trust Fund to be used exclusively for additional clerk court
  488  related operational needs and program enhancements.
  489         Section 6. Paragraphs (a) and (d) of subsection (1) and
  490  subsection (2) of section 34.041, Florida Statutes, are amended
  491  to read:
  492         34.041 Filing fees.—
  493         (1)(a) Filing fees are due at the time a party files a
  494  pleading to initiate a proceeding or files a pleading for
  495  relief. Reopen fees are due at the time a party files a pleading
  496  to reopen a proceeding if at least 90 days have elapsed since
  497  the filing of a final order or final judgment with the clerk. If
  498  a fee is not paid upon the filing of the pleading as required
  499  under this section, the clerk shall pursue collection of the fee
  500  pursuant to s. 28.246. Upon the institution of any civil action,
  501  suit, or proceeding in county court, the party shall pay the
  502  following filing fee, not to exceed:
  503         1. For all claims less than $100 $50.
  504         2. For all claims of $100 or more but not more than $500
  505  $75.
  506         3. For all claims of more than $500 but not more than
  507  $2,500 $170.
  508         4. For all claims of more than $2,500 $295.
  509         5. In addition, for all proceedings of garnishment,
  510  attachment, replevin, and distress $85.
  511         6. Notwithstanding subparagraphs 3. and 5., for all claims
  512  of not more than $1,000 filed simultaneously with an action for
  513  replevin of property that is the subject of the claim $125.
  514         7. For removal of tenant action $180.
  515  
  516  The filing fee in subparagraph 6. is the total fee due under
  517  this paragraph for that type of filing, and no other filing fee
  518  under this paragraph may be assessed against such a filing.
  519         (d) The clerk of court shall collect a service charge of
  520  $10 for issuing a summons or an electronic certified copy of a
  521  summons. The clerk shall assess the fee against the party
  522  seeking to have the summons issued.
  523         (2) A party reopening any civil action, suit, or proceeding
  524  in the county court shall pay to the clerk of court a filing fee
  525  set by the clerk in an amount not to exceed $25 for all claims
  526  of not more than $500 and an amount not to exceed $50 for all
  527  claims of more than $500. For purposes of this section, a case
  528  is reopened after all appeals have been exhausted, or time to
  529  file an appeal from a final order or final judgment has expired.
  530  A reopen fee may be assessed by the clerk for any motion filed
  531  by any party at least 90 days after a final order or final
  532  judgment has been filed with the clerk in the initial case. A
  533  reservation of jurisdiction by a court does not cause a case to
  534  remain open for purposes of this section or exempt a party from
  535  paying a reopen fee when a case previously reported as disposed
  536  of is resubmitted to a court. A party is exempt from paying the
  537  fee for any of the following:
  538         (a) A writ of garnishment;
  539         (b) A writ of replevin;
  540         (c) A distress writ;
  541         (d) A writ of attachment;
  542         (e) A motion for rehearing filed within 10 days;
  543         (f) A motion for attorney’s fees filed within 30 days of
  544  the entry of the judgment or final order;
  545         (g) A motion for dismissal filed after a mediation
  546  agreement has been filed;
  547         (h) A motion to withdraw by attorneys;
  548         (i) Stipulations and motions to enforce stipulations; or
  549         (j) Responsive pleadings; or
  550         (k) Motions for contempt.
  551         Section 7. Section 40.011, Florida Statutes, is amended to
  552  read:
  553         40.011 Jury lists.—
  554         (1) A clerk of the court shall generate a set of juror
  555  candidate lists derived from the source lists described in s.
  556  40.01. The source name lists and the juror candidate lists shall
  557  be maintained as specified in this chapter and in accordance
  558  with the juror selection plan approved in s. 40.225.
  559         (2)(1)Pursuant to s. 40.01, the Department of Highway
  560  Safety and Motor Vehicles shall deliver quarterly to the clerk
  561  of the circuit court in each county a list of names of persons
  562  who reside in that county, who are citizens of the United
  563  States, who are legal residents of Florida, who are 18 years of
  564  age or older, and for whom the department has a driver’s license
  565  or identification card record.
  566         (3) The clerk of the circuit court shall add to the list of
  567  licensed drivers and identification cardholders the name of any
  568  person who is 18 years of age or older and who is a citizen of
  569  the United States and a legal resident of this state Florida and
  570  who indicates a desire to serve as a juror, but whose name does
  571  not appear on the department list, by requiring such person to
  572  execute an affidavit at the office of the clerk.
  573         (4)(2) The affidavit executed pursuant to subsection (3)
  574  (1) must be in substantially the following form:
  575  
  576  State of Florida
  577  
  578  I, ...., do solemnly swear (or affirm) that I am .... years of
  579  age; that I am a citizen of the United States and a legal
  580  resident of Florida and .... County; that I personally make
  581  application for jury duty; that I am eligible to serve as a
  582  juror under the Constitution and laws of Florida; and that I
  583  reside at ......(Address)......
  584  
  585  ......(Signature)......
  586  
  587  Sworn to and subscribed before me this .... day of ....,
  588  ...(year)..., at .... County, Florida.
  589  
  590  ........................
  591  (Signature and title of officer
  592  administering oath)
  593         (5) Using the source name lists described in subsections
  594  (2) and (3), a clerk of court may generate juror candidate lists
  595  as necessary to ensure a valid and consistent juror selection
  596  process.
  597         (a) The initial juror candidate list is derived from the
  598  name sources and shall be the master list from which prospective
  599  jurors are drawn for summons.
  600         (b) The final juror candidate list shall contain a list of
  601  those persons, drawn from the initial candidate list as
  602  prescribed in this chapter, who are to be summoned as a pool for
  603  possible juror service.
  604         Section 8. Section 40.02, Florida Statutes, is amended to
  605  read:
  606         40.02 Selection of jury lists.—
  607         (1) The chief judge of each circuit, or a circuit judge in
  608  each county within the circuit who is designated by the chief
  609  judge, shall request the selection of a jury list in each county
  610  within the circuit during the first week of January of each
  611  year, or as soon thereafter as practicable. The chief judge or
  612  the chief judge’s designee shall direct the clerk of the court
  613  to select, by lot and at random, a sufficient number of names,
  614  with their addresses, from the initial juror candidate list of
  615  persons who are qualified to serve as jurors under the
  616  provisions of s. 40.01 and to generate a final juror candidate
  617  list of not fewer than 250 persons to serve as jurors as
  618  provided for in s. 40.221. The final juror candidate, which list
  619  must shall be signed and verified by the clerk of the court as
  620  having been selected as aforesaid. The final juror candidate
  621  list may be created, updated, or supplemented as often as
  622  necessary to prevent the selection list from becoming exhausted,
  623  but in no case less than annually during the first week of
  624  January of each year, or as soon thereafter as practicable. A
  625  circuit judge in a county to which he or she has been assigned
  626  may also request that the final juror candidate list be updated
  627  or supplemented, or that a new list be created additional jury
  628  lists as necessary to prevent the jury list from becoming
  629  exhausted.
  630         (2) When the final juror candidate annual jury list is
  631  prepared pursuant to the request of a chief judge or the chief
  632  judge’s designee, the previously prepared final juror candidate
  633  lists prepared the previous year shall be withdrawn from further
  634  use. If, notwithstanding this provision, some names are not
  635  withdrawn, such error or irregularity shall not invalidate any
  636  subsequent proceeding or jury. The fact that any person so
  637  selected had been on a former jury list or had served as a juror
  638  in any court at any time shall not be grounds for challenge of
  639  such person as a juror. If any person so selected shall be
  640  ascertained to be disqualified or incompetent to serve as a
  641  juror, such disqualification shall not affect the legality of
  642  such list or be cause of challenge to the array of any jury
  643  chosen from such list, but any person ascertained to be
  644  disqualified to serve as a juror shall be subject to challenge
  645  for cause, as defined by law. The set of juror candidate lists,
  646  although they may be defective or irregular in form or other
  647  formal requirement, or in the number or qualification of the
  648  persons so named, shall be the lists from which the names of
  649  persons for jury service are to be drawn as prescribed by law.
  650         (3)(2) The clerk of the court shall be responsible for
  651  preserving the security of the source and juror candidate jury
  652  lists.
  653         (4)(3) The clerk of the court shall perform the duties set
  654  forth in this section and in ss. 40.221, 40.23, and 40.231 in
  655  counties having an approved, computerized jury selection system,
  656  the provisions of any special law or general law of local
  657  application to the contrary notwithstanding. However, the chief
  658  judge may designate the court administrator to perform these
  659  duties if the county provides funding to the court administrator
  660  to provide the personnel and other costs associated with jury
  661  services.
  662         Section 9. Subsection (1) of section 40.022, Florida
  663  Statutes, is amended to read:
  664         40.022 Clerk to purge jury selection lists; restoration.—
  665         (1) To ensure that the juror candidates summoned satisfy
  666  the requirements of ss. 40.01 and 40.013, each clerk of the
  667  circuit court shall, upon receipt of the list of persons in the
  668  department database from the Department of Highway Safety and
  669  Motor Vehicles and at least once each month thereafter, purge
  670  the final juror candidate jury selection lists of, at a minimum,
  671  the names of those persons:
  672         (a) Adjudicated mentally incompetent;
  673         (b) Convicted of a felony; or
  674         (c) Deceased.
  675         Section 10. Section 40.221, Florida Statutes, is amended to
  676  read:
  677         40.221 Drawing jury venire.—A clerk of the court, under
  678  supervision of a judge of any court of record, shall, in a
  679  manner deemed to produce a result by lot and at random, randomly
  680  select from the final juror candidate jury list such number of
  681  persons as he or she deems necessary or expedient for a jury
  682  venire, to be returnable at such time as the judge shall
  683  specify, from which such venire or venires any jury may be
  684  organized, including a grand jury when drawn by or upon order of
  685  a judge of the circuit court. The clerk of the court shall keep
  686  the list in a secure place.
  687         Section 11. Section 40.225, Florida Statutes, is amended to
  688  read:
  689         40.225 Jury selection plan Drawing jury venire; alternative
  690  method.—
  691         (1) Pursuant to s. 40.001, the chief judge of each circuit
  692  shall review and consent to the process for selecting juror
  693  candidates within his or her circuit. The clerk of court shall
  694  implement an automated electronic system in which Whenever a
  695  majority of the judges authorized to conduct jury trials in a
  696  county consents, the names of prospective jurors and other data
  697  pertinent thereto shall be maintained for the purpose of the
  698  drawing of juror candidates. This system shall be used as the
  699  exclusive method may be fed into a mechanical, electronic, or
  700  electrical device and drawn therefrom as an alternative to other
  701  methods authorized by law for obtaining jury venires, if such
  702  drawing is by lot and at random and is approved by the Supreme
  703  Court as hereinafter provided. Subject to the provisions of ss.
  704  40.001 and 40.02, the clerk of the circuit court in each county
  705  shall have the administrative responsibility for developing the
  706  automated system of jury venire selection, obtaining approval
  707  for the juror candidate selection process, and operating and
  708  updating the system in accordance with this chapter and
  709  technical standards and procedures adopted by the Chief Justice.
  710         (2) The clerk of the court, or the chief judge of the
  711  circuit if performing the duties of juror candidate selection as
  712  provided in s. 40.02, shall submit for approval a plan for the
  713  selection of juror candidates as required in this section to the
  714  Chief Justice. The plan must be reapproved whenever required by
  715  a change in the law, a change in the technical standards and
  716  procedures, or a change in the approved clerk-maintained
  717  hardware or software used in the automated system of jury venire
  718  selection. The proposed plan, if submitted by the clerk, must be
  719  approved by the chief judge of the judicial circuit in which the
  720  county is located, and must include a description of the
  721  equipment, methods, and mode of operation to be used, in a
  722  manner consistent with the technical standards and procedures
  723  established by the Chief Justice. When a majority of the trial
  724  judges authorizes the alternative method of drawing a jury
  725  venire as provided in subsection (1), the chief judge of the
  726  judicial circuit in which the county is located shall make a
  727  certificate to that effect and transmit the same to the Chief
  728  Justice of the Supreme Court, together with a description of the
  729  equipment, methods, and mode of operation to be used.
  730         (3) The Chief Justice shall examine the proposed plan for
  731  compliance with applicable statutory requirements and with
  732  established technical standards and procedures cause the
  733  certificate and data accompanying it to be presented to the
  734  justices of the Supreme Court. If the Chief Justice court finds
  735  that the proposed plan method will produce venires selected by
  736  lot and at random, is in compliance with applicable statutory
  737  requirements and established technical standards and procedures,
  738  will produce venires selected by lot and at random all
  739  constitutional requirements of jury selection, and is otherwise
  740  feasible and practicable, an administrative order of approval of
  741  same shall be made and filed. Thereafter, the alternative method
  742  so approved system for automated selection of jury venires shall
  743  may be used in the county so authorized.
  744         (4) The chief judge of the judicial circuit in which the
  745  county is located shall supervise the use of such alternative
  746  method whenever approval of same has been made by order of the
  747  Supreme Court.
  748         (4)(5)This section does not require Nothing herein shall
  749  be construed as requiring uniform equipment or methods
  750  throughout the state.
  751         Section 12. Subsection (1) of section 57.081, Florida
  752  Statutes, is amended to read:
  753         57.081 Costs; right to proceed where prepayment of costs
  754  and payment of filing fees waived.—
  755         (1) Any indigent person, except a prisoner as defined in s.
  756  57.085, who is a party or intervenor in any judicial or
  757  administrative agency proceeding or who initiates such
  758  proceeding shall receive the services of the courts, sheriffs,
  759  and clerks, with respect to such proceedings, despite his or her
  760  present inability to pay for these services. Such services are
  761  limited to filing fees; service of process; certified copies of
  762  orders or final judgments; a single photocopy of any court
  763  pleading, record, or instrument filed with the clerk; examining
  764  fees; mediation services and fees; private court-appointed
  765  counsel fees; subpoena fees and services; service charges for
  766  collecting and disbursing funds; and any other cost or service
  767  arising out of pending litigation. In any appeal from an
  768  administrative agency decision, for which the clerk is
  769  responsible for preparing the transcript, the clerk shall record
  770  the cost of preparing the transcripts and the cost for copies of
  771  any exhibits in the record. A party who has obtained a
  772  certification of indigence pursuant to s. 27.52 or s. 57.082
  773  with respect to a proceeding is not required to prepay costs to
  774  a court, clerk, or sheriff and is not required to pay filing
  775  fees or charges for issuance of a summons Prepayment of costs to
  776  any court, clerk, or sheriff is not required and payment of
  777  filing fees is not required in any action if the party has
  778  obtained in each proceeding a certification of indigence in
  779  accordance with s. 27.52 or s. 57.082.
  780         Section 13. Subsection (11) is added to section 95.11,
  781  Florida Statutes, to read:
  782         95.11 Limitations other than for the recovery of real
  783  property.—Actions other than for recovery of real property shall
  784  be commenced as follows:
  785         (11) COURT COSTS AND FINES.—Notwithstanding subsection (1),
  786  an action to collect court costs, fees, or fines owed to the
  787  state may be commenced at any time.
  788         Section 14. Paragraph (a) of subsection (4) of section
  789  112.3173, Florida Statutes, is amended to read:
  790         112.3173 Felonies involving breach of public trust and
  791  other specified offenses by public officers and employees;
  792  forfeiture of retirement benefits.—
  793         (4) NOTICE.—
  794         (a) The clerk of a court in which a proceeding involving a
  795  specified offense is being conducted against a public officer or
  796  employee shall furnish notice of the proceeding to the
  797  Commission on Ethics after the state attorney advises the clerk
  798  that the defendant is a public officer or employee and that the
  799  defendant is alleged to have committed a specified offense. Such
  800  notice is sufficient if it is in the form of a copy of the
  801  indictment, information, or other document containing the
  802  charges. In addition, if a verdict of guilty is returned by a
  803  jury or by the court trying the case without a jury, or a plea
  804  of guilty or of nolo contendere is entered in the court by the
  805  public officer or employee, the clerk shall furnish a copy
  806  thereof to the Commission on Ethics.
  807         Section 15. Paragraph (b) of subsection (8) of section
  808  318.18, Florida Statutes, is amended to read:
  809         318.18 Amount of penalties.—The penalties required for a
  810  noncriminal disposition pursuant to s. 318.14 or a criminal
  811  offense listed in s. 318.17 are as follows:
  812         (8)
  813         (b)1.a. If a person has been ordered to pay a civil penalty
  814  for a noncriminal traffic infraction and the person is unable to
  815  comply with the court’s order due to demonstrable financial
  816  hardship, the court shall allow the person to satisfy the civil
  817  penalty by participating in community service until the civil
  818  penalty is paid.
  819         b. If a court orders a person to perform community service,
  820  the person shall receive credit for the civil penalty at the
  821  specified hourly credit rate per hour of community service
  822  performed, and each hour of community service performed shall
  823  reduce the civil penalty by that amount.
  824         2.a. As used in this paragraph, the term “specified hourly
  825  credit rate” means the wage rate that is specified in 29 U.S.C.
  826  s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
  827  that is then in effect, and that an employer subject to such
  828  provision must pay per hour to each employee subject to such
  829  provision.
  830         b. However, if a person ordered to perform community
  831  service has a trade or profession for which there is a community
  832  service need, the specified hourly credit rate for each hour of
  833  community service performed by that person shall be the average
  834  prevailing wage rate for the trade or profession that the
  835  community service agency needs.
  836         3.a. The community service agency supervising the person
  837  shall record the number of hours of community service completed
  838  and the date the community service hours were completed. The
  839  community service agency shall submit the data to the clerk of
  840  court on the letterhead of the community service agency, which
  841  must also bear the notarized signature of the person designated
  842  to represent the community service agency.
  843         b. When the number of community service hours completed by
  844  the person equals the amount of the civil penalty, the clerk of
  845  court shall certify this fact to the court. Thereafter, the
  846  clerk of court shall record in the case file that the civil
  847  penalty has been paid in full.
  848         4. As used in this paragraph, the term:
  849         a. “Community service” means uncompensated labor for a
  850  community service agency.
  851         b. “Community service agency” means a not-for-profit
  852  corporation, community organization, charitable organization,
  853  public officer, the state or any political subdivision of the
  854  state, or any other body the purpose of which is to improve the
  855  quality of life or social welfare of the community and which
  856  agrees to accept community service from persons unable to pay
  857  civil penalties for noncriminal traffic infractions.
  858         Section 16. Subsection (3) of section 668.50, Florida
  859  Statutes, is amended to read:
  860         668.50 Uniform Electronic Transaction Act.—
  861         (3) SCOPE.—
  862         (a) Except as otherwise provided in paragraph (b), this
  863  section applies to electronic records and electronic signatures
  864  relating to a transaction.
  865         (b) This section does not apply to a transaction to the
  866  extent the transaction is governed by:
  867         1. A provision of law governing the creation and execution
  868  of wills, codicils, or testamentary trusts;
  869         2. The Uniform Commercial Code other than s. 671.107 and
  870  chapters 672 and 680; or
  871         3. The Uniform Computer Information Transactions Act.; or
  872         4. Rules relating to judicial procedure.
  873         (c) Except with respect to subsections (2), (9), and (11),
  874  this section does not apply to a transaction to the extent the
  875  transaction is governed by rules relating to judicial procedure.
  876         (d)(c) This section applies to an electronic record or
  877  electronic signature otherwise excluded under paragraph (b) to
  878  the extent such record or signature is governed by a provision
  879  of law other than those specified in paragraph (b).
  880         (e)(d) A transaction subject to this section is also
  881  subject to other applicable provisions of substantive law.
  882         Section 17. Paragraph (c) of subsection (1) of section
  883  733.707, Florida Statutes, is amended to read:
  884         733.707 Order of payment of expenses and obligations.—
  885         (1) The personal representative shall pay the expenses of
  886  the administration and obligations of the decedent’s estate in
  887  the following order:
  888         (c) Class 3.—Debts and taxes with preference under federal
  889  law, and claims pursuant to ss. 409.9101 and 414.28, and claims
  890  in favor of the state for unpaid court costs, fees, or fines.
  891         Section 18. Section 893.11, Florida Statutes, is amended to
  892  read:
  893         893.11 Suspension, revocation, and reinstatement of
  894  business and professional licenses.—For the purposes of s.
  895  120.60(6), any conviction in any court reported to the
  896  Comprehensive Case Information System of the Florida Association
  897  of Clerks and Comptroller, Inc., for the sale of, or trafficking
  898  in, a controlled substance or for conspiracy to sell, or traffic
  899  in, a controlled substance constitutes an immediate serious
  900  danger to the public health, safety, or welfare, and is grounds
  901  for disciplinary action by the licensing state agency. A state
  902  agency shall initiate an immediate emergency suspension of an
  903  individual professional license issued by the agency, in
  904  compliance with the procedures for summary suspensions in s.
  905  120.60(6), upon the agency’s findings of the licensee’s
  906  conviction in any court reported to the Comprehensive Case
  907  Information System of the Florida Association of Court Clerks
  908  and Comptroller, Inc., Upon the conviction in any court of
  909  competent jurisdiction of any person holding a license, permit,
  910  or certificate issued by a state agency, for the sale of, or
  911  trafficking in, a controlled substance, or for conspiracy to
  912  sell, or traffic in, a controlled substance. Before renewing any
  913  professional license, a state agency that issues a professional
  914  license must use the Comprehensive Case Information System of
  915  the Florida Association of Court Clerks and Comptroller, Inc.,
  916  to obtain information relating to any conviction for the sale
  917  of, or trafficking in, a controlled substance or for conspiracy
  918  to sell, or traffic in, a controlled substance. The clerk of
  919  court shall provide electronic access to each state agency at no
  920  cost and also provide certified copies of the judgment upon
  921  request to the agency., if such offense is a felony, the clerk
  922  of said court shall send a certified copy of the judgment of
  923  conviction with the person’s license number, permit number, or
  924  certificate number on the face of such certified copy to the
  925  agency head by whom the convicted defendant has received a
  926  license, permit, or certificate to practice his or her
  927  profession or to carry on his or her business. Such agency head
  928  shall suspend or revoke the license, permit, or certificate of
  929  the convicted defendant to practice his or her profession or to
  930  carry on his or her business. Upon a showing by any such
  931  convicted defendant whose professional license, permit, or
  932  certificate has been suspended or revoked pursuant to this
  933  section that his or her civil rights have been restored or upon
  934  a showing that the convicted defendant meets the following
  935  criteria, the agency head may reinstate or reactivate such
  936  license, permit, or certificate when:
  937         (1) The person has complied with the conditions of
  938  paragraphs (a) and (b) which shall be monitored by the
  939  Department of Corrections while the person is under any
  940  supervisory sanction. If the person fails to comply with
  941  provisions of these paragraphs by either failing to maintain
  942  treatment or by testing positive for drug use, the department
  943  shall notify the licensing, permitting, or certifying agency,
  944  which shall revoke the license, permit, or certification. The
  945  person under supervision may:
  946         (a) Seek evaluation and enrollment in, and once enrolled
  947  maintain enrollment in until completion, a drug treatment and
  948  rehabilitation program which is approved or regulated by the
  949  Department of Children and Family Services. The treatment and
  950  rehabilitation program shall be specified by:
  951         1. The court, in the case of court-ordered supervisory
  952  sanctions;
  953         2. The Parole Commission, in the case of parole, control
  954  release, or conditional release; or
  955         3. The Department of Corrections, in the case of
  956  imprisonment or any other supervision required by law.
  957         (b) Submit to periodic urine drug testing pursuant to
  958  procedures prescribed by the Department of Corrections. If the
  959  person is indigent, the costs shall be paid by the Department of
  960  Corrections; or
  961         (2) The person has successfully completed an appropriate
  962  program under the Correctional Education Program.
  963         (3) As used in this section, the term “professional
  964  license” includes any license, permit, or certificate that
  965  authorizes a person to practice his or her profession. However,
  966  the term This section does not include apply to any of the
  967  taxes, fees, or permits regulated, controlled, or administered
  968  by the Department of Revenue in accordance with s. 213.05.
  969         Section 19. Paragraphs (a) and (b) of subsection (2) of
  970  section 938.27, Florida Statutes, are amended to read:
  971         938.27 Judgment for costs on conviction.—
  972         (2)(a) The court shall impose the costs of prosecution and
  973  investigation notwithstanding the defendant’s present ability to
  974  pay. The court shall require the defendant to pay the costs
  975  within a specified period or pursuant to a payment plan under s.
  976  28.246(4) in specified installments.
  977         (b) The end of such period or the last such installment
  978  must shall not be later than:
  979         1. The end of the period of probation or community control,
  980  if probation or community control is ordered;
  981         2. Five years after the end of the term of imprisonment
  982  imposed, if the court does not order probation or community
  983  control; or
  984         3. Five years after the date of sentencing in any other
  985  case.
  986  
  987  However, in no event shall the obligation to pay any unpaid
  988  amounts does not expire if not paid in full within the period
  989  specified in this paragraph.
  990         Section 20. Present subsections (8) through (12) of section
  991  938.30, Florida Statutes, are renumbered as subsections (10)
  992  through (14), respectively, and new subsections (8) and (9) are
  993  added to that section to read:
  994         938.30 Financial obligations in criminal cases;
  995  supplementary proceedings.—
  996         (8) If a criminal or civil judgment has previously been
  997  entered on a court-imposed financial obligation, the judgment
  998  constitutes a civil lien against the judgment debtor’s presently
  999  owned or after-acquired real or personal property when recorded
 1000  pursuant to s. 55.10, except that a judgment on a court-imposed
 1001  financial obligation is not subject to the 10-year rerecording
 1002  requirement of s. 55.10. The judgment must secure all unpaid
 1003  court-imposed financial obligations that are due and may accrue
 1004  subsequent to the recording of the judgment, as well as interest
 1005  and reasonable costs for issuing a satisfaction and recording
 1006  the satisfaction in the official records.
 1007         (9) The clerk of the court shall enforce, satisfy,
 1008  compromise, settle, subordinate, release, or otherwise dispose
 1009  of any debts or liens imposed and collected under this section
 1010  in the same manner as prescribed in s. 938.29(3).
 1011         Section 21. Section 947.181, Florida Statutes, is amended
 1012  to read:
 1013         947.181 Fines, fees, restitution, or other costs ordered to
 1014  be paid Victim restitution as conditions condition of parole.—
 1015         (1)(a) The Parole commission shall require the payment of
 1016  fines, fees, restitution, or other court-ordered costs as a
 1017  condition of parole reparation or restitution to the aggrieved
 1018  party for the damage or loss caused by the offense for which the
 1019  parolee was imprisoned unless the commission finds reasons to
 1020  the contrary. Restitution to the aggrieved party for injury,
 1021  damage, or loss caused by the offense for which the parolee was
 1022  imprisoned shall have first priority in the payment of amounts
 1023  owed under this section. If the commission does not require the
 1024  payment of fines, fees, restitution, or other court-ordered
 1025  costs order restitution or requires orders only partial payment
 1026  of the fines, fees, restitution, or other court-ordered costs
 1027  restitution, the commission shall state on the record the
 1028  reasons for its decision therefor. The amount of such reparation
 1029  or restitution shall be determined by the Parole Commission.
 1030         (2)(b) If the parolee fails to make the payments reparation
 1031  or restitution to the aggrieved party as required authorized in
 1032  subsection (1) paragraph (a), it shall be considered by the
 1033  commission as a violation of parole as specified in s. 947.21
 1034  and may be cause for revocation of her or his parole.
 1035         (3)(2) If a defendant is paroled, any restitution ordered
 1036  under s. 775.089 shall be a condition of such parole. The Parole
 1037  Commission may revoke parole if the defendant fails to comply
 1038  with such order.
 1039         (4) In determining whether to revoke parole, the Parole
 1040  commission shall consider the defendant’s employment status,
 1041  earning ability, and financial resources; the willfulness of the
 1042  defendant’s failure to pay; and any other special circumstances
 1043  that may have a bearing on the defendant’s ability to pay.
 1044         Section 22. This act shall take effect July 1, 2012.