HOUSE AMENDMENT Bill No. HB 113A
1	CHAMBER ACTION
2	Senate House
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13	Representative Brutus offered the following:
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15	Amendment (with title amendments)
16	Between lines 441 & 442, insert:
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18	Section 1. Subsection (5) is added to section 26.012,
19	Florida Statutes, to read:
20	26.012 Jurisdiction of circuit court.--
21	(5) A circuit court is a trial court.
22	Section 2. Section 27.06, Florida Statutes, is amended to
23	read:
24	27.06 Habeas corpus and preliminary trials.--The several
25	state attorneys of this state shall represent the state in all
26	cases of habeas corpus arising in their respective circuits, and
27	shall also represent the state, either in person or by
28	assistant, in cases of preliminary trials of persons charged
29	with capital offenses in all cases where the committing trial
30	court judgemagistrateshall have given due and timely notice of
31	the time and place of such trial. Notice of the application for
32	the writ of habeas corpus shall be given to the prosecuting
33	officer of the court wherein the statute under attack is being
34	applied, the criminal law proceeding is being maintained, or the
35	conviction has occurred.
36	Section 3. Subsections (2) and (3) of section 34.01,
37	Florida Statutes, are amended, and subsection (5) is added to
38	that section, to read:
39	34.01 Jurisdiction of county court.--
40	(2) The county courts shall have jurisdiction previously
41	exercised by county judges' courts other than that vested in the
42	circuit court by s. 26.012, except that county court judges may
43	hear matters involving dissolution of marriage under the
44	simplified dissolution procedure pursuant to Rule 1.611(c),
45	Florida Family Law Rules of CivilProcedure or may issue a final
46	order for dissolution in cases where the matter is uncontested,
47	and the jurisdiction previously exercised by county courts, the
48	claims court, small claims courts, small claims magistrates
49	courts, magistrates courts, justice of the peace courts,
50	municipal courts, and courts of chartered counties, including
51	but not limited to the counties referred to in ss. 9, 10, 11,
52	and 24, Art. VIII of the State Constitution of 19681885.
53	(3) Judges of county courts shall also be committing trial
54	court judgesmagistrates. Judges of county courts shall be
55	coroners unless otherwise provided by law or by rule of the
56	Supreme Court.
57	(4) Judges of county courts may hear all matters in equity
58	involved in any case within the jurisdictional amount of the
59	county court, except as otherwise restricted by the State
60	Constitution or the laws of Florida.
61	(5) A county court is a trial court.
62	Section 4. Section 48.20, Florida Statutes, is amended to
63	read:
64	48.20 Service of process on Sunday.--Service or execution
65	on Sunday of any writ, process, warrant, order, or judgment is
66	void and the person serving or executing, or causing it to be
67	served or executed, is liable to the party aggrieved for damages
68	for so doing as if he or she had done it without any process,
69	writ, warrant, order, or judgment. If affidavit is made by the
70	person requesting service or execution that he or she has good
71	reason to believe that any person liable to have any such writ,
72	process, warrant, order, or judgment served on him or her
73	intends to escape from this state under protection of Sunday,
74	any officer furnished with an order authorizing service or
75	execution by the trial court judge or magistrate of any
76	incorporated townmay serve or execute such writ, process,
77	warrant, order, or judgment on Sunday, and it is as valid as if
78	it had been done on any other day.
79	Section 5. Section 142.09, Florida Statutes, is amended to
80	read:
81	142.09 If defendant is not convicted or dies.--If the
82	defendant is not convicted, or the prosecution is abated by the
83	death of the defendant, or if the costs are imposed on the
84	defendant and execution against him or her is returned no
85	property found, or if a nolle prosse be entered, in each of
86	these cases the fees of witnesses and officers arising from
87	criminal causes shall be paid by the county in the manner
88	specified in ss. 142.10-142.12; provided, that when a committing
89	trial court judgemagistrateholds to bail or commits a person
90	to answer to a criminal charge and an information is not filed
91	or an indictment found against such person, the costs and fees
92	of such committing trial shall not be paid by the county, except
93	the costs of executing the warrants.
94	Section 6. Subsection (3) of section 316.635, Florida
95	Statutes, is amended to read:
96	316.635 Courts having jurisdiction over traffic
97	violations; powers relating to custody and detention of
98	minors.--
99	(3) If a minor is taken into custody for a criminal
100	traffic offense or a violation of chapter 322 and the minor does
101	not demand to be taken before a trial court judge, or a Civil
102	Traffic Infraction Hearing Officer, who has jurisdiction over
103	the offense or violationmagistrate, the arresting officer or
104	booking officer shall immediately notify, or cause to be
105	notified, the minor's parents, guardian, or responsible adult
106	relative of the action taken. After making every reasonable
107	effort to give notice, the arresting officer or booking officer
108	may:
109	(a) Issue a notice to appear pursuant to chapter 901 and
110	release the minor to a parent, guardian, responsible adult
111	relative, or other responsible adult;
112	(b) Issue a notice to appear pursuant to chapter 901 and
113	release the minor pursuant to s. 903.06;
114	(c) Issue a notice to appear pursuant to chapter 901 and
115	deliver the minor to an appropriate substance abuse treatment or
116	rehabilitation facility or refer the minor to an appropriate
117	medical facility as provided in s. 901.29. If the minor cannot
118	be delivered to an appropriate substance abuse treatment or
119	rehabilitation facility or medical facility, the arresting
120	officer may deliver the minor to an appropriate intake office of
121	the Department of Juvenile Justice, which shall take custody of
122	the minor and make any appropriate referrals; or
123	(d) If the violation constitutes a felony and the minor
124	cannot be released pursuant to s. 903.03, transport and deliver
125	the minor to an appropriate Department of Juvenile Justice
126	intake office. Upon delivery of the minor to the intake office,
127	the department shall assume custody and proceed pursuant to
128	chapter 984 or chapter 985.
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130	If action is not taken pursuant to paragraphs (a)-(d), the minor
131	shall be delivered to the Department of Juvenile Justice, and
132	the department shall make every reasonable effort to contact the
133	parents, guardian, or responsible adult relative to take custody
134	of the minor. If there is no parent, guardian, or responsible
135	adult relative available, the department may retain custody of
136	the minor for up to 24 hours.
137	Section 7. Section 373.603, Florida Statutes, is amended
138	to read:
139	373.603 Power to enforce.--The Department of Environmental
140	Protection or the governing board of any water management
141	district and any officer or agent thereof may enforce any
142	provision of this law or any rule or regulation adopted and
143	promulgated or order issued thereunder to the same extent as any
144	peace officer is authorized to enforce the law. Any officer or
145	agent of any such board may appear before any trial court judge
146	magistrateempowered to issue warrants in criminal cases and
147	make an affidavit and apply for the issuance of a warrant in the
148	manner provided by law.; and said magistrate, If such affidavit
149	allegesshall allege the commission of an offense, the trial
150	court judgeshall issue a warrant directed to any sheriff or
151	deputy for the arrest of any offender. The provisions of this
152	section shall apply to the Florida Water Resources Act of 1972
153	in its entirety.
154	Section 8. Subsection (4) of section 381.0012, Florida
155	Statutes, is amended to read:
156	381.0012 Enforcement authority.--
157	(4) The department may appear before any trial court judge
158	magistrateempowered to issue warrants in criminal cases and
159	request the issuance of a warrant. The trial court judge
160	magistrateshall issue a warrant directed to any sheriff,
161	deputy, or police officer to assist in any way to carry out the
162	purpose and intent of this chapter.
163	Section 9. Subsections (3) and (4) of section 450.121,
164	Florida Statutes, are amended to read:
165	450.121 Enforcement of Child Labor Law.--
166	(3) It is the duty of any trial court judgemagistrateof
167	any court in the state to issue warrants and try cases made
168	within the limit of any municipalitycityover which such
169	magistrate has jurisdiction in connection with the violation of
170	this law.
171	(4) Grand juries shall have inquisitorial powers to
172	investigate violations of this chapter; also, trialcountycourt
173	judges and judges of the circuit courtsshall specially charge
174	the grand jury, at the beginning of each term of the court, to
175	investigate violations of this chapter.
176	Section 10. Subsection (2) of section 560.306, Florida
177	Statutes, is amended to read:
178	560.306 Standards.--
179	(2) The department may deny registration if it finds that
180	the applicant, or any money transmitter-affiliated party of the
181	applicant, has been convicted of a crime involving moral
182	turpitude in any jurisdiction or of a crime which, if committed
183	in this state, would constitute a crime involving moral
184	turpitude under the laws of this state. For the purposes of this
185	part, a person shall be deemed to have been convicted of a crime
186	if such person has either pleaded guilty to or been found guilty
187	of a charge before a court or afederal magistrate, or by the
188	verdict of a jury, irrespective of the pronouncement of sentence
189	or the suspension thereof. The department may take into
190	consideration the fact that such plea of guilty, or such
191	decision, judgment, or verdict, has been set aside, reversed, or
192	otherwise abrogated by lawful judicial process or that the
193	person convicted of the crime received a pardon from the
194	jurisdiction where the conviction was entered or received a
195	certificate pursuant to any provision of law which removes the
196	disability under this part because of such conviction.
197	Section 11. Section 633.14, Florida Statutes, is amended
198	to read:
199	633.14 Agents; powers to make arrests, conduct searches
200	and seizures, serve summonses, and carry firearms.--Agents of
201	the State Fire Marshal shall have the same authority to serve
202	summonses, make arrests, carry firearms,and make searches and
203	seizures, as the sheriff or her or his deputies, in the
204	respective counties where such investigations, hearings,or
205	inspections may be held; and affidavits necessary to authorize
206	any such arrests, searches, or seizures may be made before any
207	trial court judgemagistratehaving authority under the law to
208	issue appropriate processes.
209	Section 12. Paragraph (e) of subsection (1) and paragraph
210	(c) of subsection (2) of section 648.44, Florida Statutes, are
211	amended to read:
212	648.44 Prohibitions; penalty.--
213	(1) A bail bond agent or temporary bail bond agent may
214	not:
215	(e) Pay a fee or rebate or give or promise anything of
216	value to a jailer, police officer, peace officer, or committing
217	trial court judgemagistrateor any other person who has power
218	to arrest or to hold in custody or to any public official or
219	public employee in order to secure a settlement, compromise,
220	remission, or reduction of the amount of any bail bond or
221	estreatment thereof.
222	(2) The following persons or classes shall not be bail
223	bond agents, temporary bail bond agents, or employees of a bail
224	bond agent or a bail bond business and shall not directly or
225	indirectly receive any benefits from the execution of any bail
226	bond:
227	(c) Committing trial court judgesmagistrates, employees
228	of a court, or employees of the clerk of any court.
229	Section 13. Subsection (3) of section 817.482, Florida
230	Statutes, is amended to read:
231	817.482 Possessing or transferring device for theft of
232	telecommunications service; concealment of destination of
233	telecommunications service.--
234	(3) Any such instrument, apparatus, equipment, or device,
235	or plans or instructions therefor, referred to in subsections
236	(1) and (2), may be seized by court order or under a search
237	warrant of a judge or magistrateor incident to a lawful arrest;
238	and upon the conviction of any person for a violation of any
239	provision of this act, or s. 817.481, such instrument,
240	apparatus, equipment, device, plans, or instructions either
241	shall be destroyed as contraband by the sheriff of the county in
242	which such person was convicted or turned over to the telephone
243	company in whose territory such instrument, apparatus,
244	equipment, device, plans, or instructions were seized.
245	Section 14. Subsection (5) of section 828.122, Florida
246	Statutes, is amended to read:
247	828.122 Fighting or baiting animals; offenses;
248	penalties.--
249	(5) Whenever an indictment is returned or an information
250	is filed charging a violation of s. 828.12 or of this section
251	and, in the case of an information, a trial court judge
252	magistratefinds probable cause that a violation has occurred,
253	the court shall order the animals seized and shall provide for
254	appropriate and humane care or disposition of the animals. This
255	provision shall not be construed as a limitation on the power to
256	seize animals as evidence at the time of arrest.
257	Section 15. Subsection (8) of section 832.05, Florida
258	Statutes, is amended to read:
259	832.05 Giving worthless checks, drafts, and debit card
260	orders; penalty; duty of drawee; evidence; costs; complaint
261	form.--
262	(8) COSTS.--When a prosecution is initiated under this
263	section before any committing trial court judgemagistrate, the
264	party applying for the warrant shall be held liable for costs
265	accruing in the event the case is dismissed for want of
266	prosecution. No costs shall be charged to the county in such
267	dismissed cases.
268	Section 16. Section 876.42, Florida Statutes, is amended
269	to read:
270	876.42 Witnesses' privileges.--No person shall be excused
271	from attending and testifying, or producing any books, papers,
272	or other documents before any court, magistrate, referee,or
273	grand jury upon any investigation, proceeding,or trial, for or
274	relating to or concerned with a violation of any section of this
275	law or attempt to commit such violation, upon the ground or for
276	the reason that the testimony or evidence, documentary or
277	otherwise,required by the state may tend to convict the person
278	of a crime or to subject him or her to a penalty or forfeiture;
279	but no person shall be prosecuted or subjected to any penalty or
280	forfeiture for or on account of any transaction, matter,or
281	thing concerning which the person may so testify or produce
282	evidence, documentary or otherwise, and no testimony so given or
283	produced shall be received against the person, upon any criminal
284	investigation, proceeding,or trial, except upon a prosecution
285	for perjury or contempt of court, based upon the giving or
286	producing of such testimony.
287	Section 17. Paragraph (a) of subsection (1) of section
288	893.12, Florida Statutes, is amended to read:
289	893.12 Contraband; seizure, forfeiture, sale.--
290	(1) All substances controlled by this chapter and all
291	listed chemicals, which substances or chemicals are handled,
292	delivered, possessed, or distributed contrary to any provisions
293	of this chapter, and all such controlled substances or listed
294	chemicals the lawful possession of which is not established or
295	the title to which cannot be ascertained, are declared to be
296	contraband, are subject to seizure and confiscation by any
297	person whose duty it is to enforce the provisions of the
298	chapter, and shall be disposed of as follows:
299	(a) Except as in this section otherwise provided, the
300	court having jurisdiction shall order such controlled substances
301	or listed chemicals forfeited and destroyed. A record of the
302	place where said controlled substances or listed chemicals were
303	seized, of the kinds and quantities of controlled substances or
304	listed chemicals destroyed, and of the time, place, and manner
305	of destruction shall be kept, and a return under oath reporting
306	said destruction shall be made to the court or magistrateby the
307	officer who destroys them.
308	Section 18. Section 901.01, Florida Statutes, is amended
309	to read:
310	901.01 Judicial officers haveto be committing authority
311	magistrates.--Each state judicial officer is a conservator of
312	the peace and hasa committing magistrate withauthority to
313	issue warrants of arrest, commit offenders to jail, and
314	recognize them to appear to answer the charge. He or she may
315	require sureties of the peace when the peace has been
316	substantially threatened or disturbed.
317	Section 19. Subsection (1) of section 901.02, Florida
318	Statutes, is amended to read:
319	901.02 When warrant of arrest to be issued.--
320	(1) A warrant may be issued for the arrest of the person
321	complained against if the trial court judgemagistrate, from the
322	examination of the complainant and other witnesses, reasonably
323	believes that the person complained against has committed an
324	offense within the trial court judge'smagistrate's
325	jurisdiction. A warrant is issued at the time it is signed by
326	the trial court judgemagistrate.
327	Section 20. Section 901.07, Florida Statutes, is amended
328	to read:
329	901.07 Admission to bail when arrest occurs in another
330	county.--
331	(1) When an arrest by a warrant occurs in a county other
332	than the one in which the alleged offense was committed and the
333	warrant issued, if the person arrested has a right to bail, the
334	arresting officer shall inform the person of his or her right
335	and, upon request, shall take the person before a trial court
336	judgemagistrateor other official of the same county having
337	authority to admit to bail. The official shall admit the person
338	arrested to bail for his or her appearance before the trial
339	court judgemagistratewho issued the warrant.
340	(2) If the person arrested does not have a right to bail
341	or, when informed of his or her right to bail, does not furnish
342	bail immediately, the officer who made the arrest or the officer
343	having the warrant shall take the person before the trial court
344	judgemagistratewho issued the warrant.
345	Section 21. Section 901.08, Florida Statutes, is amended
346	to read:
347	901.08 Issue of warrant when offense triable in another
348	county.--
349	(1) When a complaint before a trial court judgemagistrate
350	charges the commission of an offense that is punishable by death
351	or life imprisonment and is triable in another county of the
352	state, but it appears that the person against whom the complaint
353	is made is in the county where the complaint is made, the same
354	proceedings for issuing a warrant shall be used as prescribed in
355	this chapter, except that the warrant shall require the person
356	against whom the complaint is made to be taken before a
357	designated trial court judgemagistrateof the county in which
358	the offense is triable.
359	(2) If the person arrested has a right to bail, the
360	officer making the arrest shall inform the person of his or her
361	right to bail and, on request, shall take the person before a
362	trial court judgemagistrateor other official having authority
363	to admit to bail in the county in which the arrest is made. The
364	official shall admit the person to bail for his or her
365	appearance before the trial court judgemagistratedesignated in
366	the warrant.
367	(3) If the person arrested does not have a right to bail
368	or, when informed of his or her right to bail, does not furnish
369	bail immediately, he or she shall be taken before the trial
370	court judgemagistratedesignated in the warrant.
371	Section 22. Section 901.09, Florida Statutes, is amended
372	to read:
373	901.09 When summons shall be issued.--
374	(1) When the complaint is for an offense that the trial
375	court judgemagistrate is empowered to try summarily, the trial
376	court judgemagistrateshall issue a summons instead of a
377	warrant, unless she or he reasonably believes that the person
378	against whom the complaint was made will not appear upon a
379	summons, in which event the trial court judgemagistrateshall
380	issue a warrant.
381	(2) When the complaint is for a misdemeanor that the trial
382	court judgemagistrate is not empowered to try summarily, the
383	trial court judgemagistrateshall issue a summons instead of a
384	warrant if she or he reasonably believes that the person against
385	whom the complaint was made will appear upon a summons.
386	(3) The summons shall set forth substantially the nature
387	of the offense and shall command the person against whom the
388	complaint was made to appear before the trial court judge
389	magistrateat a stated time and place.
390	Section 23. Section 901.11, Florida Statutes, is amended
391	to read:
392	901.11 Effect of not answering summons.--Failure to appear
393	as commanded by a summons without good cause is an indirect
394	criminal contempt of court and may be punished by a fine of not
395	more than $100. When a person fails to appear as commanded by a
396	summons, the trial court judgemagistrateshall issue a warrant.
397	If the trial court judgemagistrateacquires reason to believe
398	that the person summoned will not appear as commanded after
399	issuing a summons, the trial court judgemagistratemay issue a
400	warrant.
401	Section 24. Section 901.12, Florida Statutes, is amended
402	to read:
403	901.12 Summons against corporation.--When a complaint of
404	an offense is made against a corporation, the trial court judge
405	magistrateshall issue a summons that shall set forth
406	substantially the nature of the offense and command the
407	corporation to appear before the trial court judgemagistrateat
408	a stated time and place.
409	Section 25. Subsection (3) of section 901.25, Florida
410	Statutes, is amended to read:
411	901.25 Fresh pursuit; arrest outside jurisdiction.--
412	(3) If an arrest is made in this state by an officer
413	outside the county within which his or her jurisdiction lies,
414	the officer shall immediately notify the officer in charge of
415	the jurisdiction in which the arrest is made. Such officer in
416	charge of the jurisdiction shall, along with the officer making
417	the arrest, take the person so arrested before a trialcounty
418	court judge or other committing magistrateof the county in
419	which the arrest was made without unnecessary delay.
420	Section 26. Section 902.15, Florida Statutes, is amended
421	to read:
422	902.15 Undertaking by witness.--When a defendant is held
423	to answer on a charge for a crime punishable by death or life
424	imprisonment, the trial court judgemagistrateat the
425	preliminary hearing may require each material witness to enter
426	into a written recognizance to appear at the trial or forfeit a
427	sum fixed by the trial court judgemagistrate. Additional
428	security may be required in the discretion of the trial court
429	judgemagistrate.
430	Section 27. Subsections (1), (2), and (3) of section
431	902.17, Florida Statutes, are amended to read:
432	902.17 Procedure when witness does not give security.--
433	(1) If a witness required to enter into a recognizance to
434	appear refuses to comply with the order, the trial court judge
435	magistrateshall commit the witness to custody until she or he
436	complies or she or he is legally discharged.
437	(2) If the trial court judgemagistraterequires a witness
438	to give security for her or his appearance and the witness is
439	unable to give the security, the witness may apply to the court
440	having jurisdiction to try the defendant for a reduction of the
441	security.
442	(3) If it appears from examination on oath of the witness
443	or any other person that the witness is unable to give security,
444	the trial court judgemagistrateor the court having
445	jurisdiction to try the defendant shall make an order finding
446	that fact, and the witness shall be detained pending application
447	for her or his conditional examination. Within 3 days afterfrom
448	the entry of the order, the witness shall be conditionally
449	examined on application of the state or the defendant. The
450	examination shall be by question and answer in the presence of
451	the other party and counsel, and shall be transcribed by a court
452	reporter or stenographer selected by the parties. At the
453	completion of the examination the witness shall be discharged.
454	The deposition of the witness may be introduced in evidence at
455	the trial by the defendant, or, if the prosecuting attorney and
456	the defendant and the defendant's counsel agree, it may be
457	admitted in evidence by stipulation. The deposition shall not be
458	admitted on behalf of the state without the consent of the
459	defendant.
460	Section 28. Section 902.20, Florida Statutes, is amended
461	to read:
462	902.20 Contempts before committing trial court judge
463	magistrate.--A committing trial court judgemagistrateholding a
464	preliminary hearing shall have the same power to punish for
465	contempts that she or he has while presiding at the trial of
466	criminal cases.
467	Section 29. Section 902.21, Florida Statutes, is amended
468	to read:
469	902.21 Commitment to jail in another county.--If a person
470	is committed in a county where there is no jail, the committing
471	trial court judgemagistrateshall direct the sheriff to deliver
472	the accused to a jail in another county.
473	Section 30. Subsection (1) of section 903.03, Florida
474	Statutes, is amended to read:
475	903.03 Jurisdiction of trial court to admit to bail;
476	duties and responsibilities of Department of Corrections.--
477	(1) After a person is held to answer by a trial court
478	judgemagistrate, the court having jurisdiction to try the
479	defendant shall, before indictment, affidavit, or information is
480	filed, have jurisdiction to hear and decide all preliminary
481	motions regarding bail and production or impounding of all
482	articles, writings, moneys, or other exhibits expected to be
483	used at the trial by either the state or the defendant.
484	Section 31. Subsection (2) of section 903.32, Florida
485	Statutes, is amended to read:
486	903.32 Defects in bond.--
487	(2) If no day, or an impossible day, is stated in a bond
488	for the defendant's appearance before a trial court judge
489	magistratefor a hearing, the defendant shall be bound to appear
490	10 days after receipt of notice to appear by the defendant, the
491	defendant's counsel, or any surety on the undertaking. If no
492	day, or an impossible day, is stated in a bond for the
493	defendant's appearance for trial, the defendant shall be bound
494	to appear on the first day of the next term of court that will
495	commence more than 3 days after the undertaking is given.
496	Section 32. Section 903.34, Florida Statutes, is amended
497	to read:
498	903.34 Who may admit to bail.--In criminal actions
499	instituted or pending in any state court, bonds given by
500	defendants before trial until appeal shall be approved by a
501	committing trial court judgemagistrateor the sheriff. Appeal
502	bonds shall be approved as provided in s. 924.15.
503	Section 33. Subsection (4) of section 914.22, Florida
504	Statutes, is amended to read:
505	914.22 Tampering with a witness, victim, or informant.--
506	(4) In a prosecution for an offense under this section, no
507	state of mind need be proved with respect to the circumstance:
508	(a) That the official proceeding before a judge, court,
509	magistrate,grand jury, or government agency is before a judge
510	or court of the state, a state or local grand jury, or a state
511	agency; or
512	(b) That the judge is a judge of the state or that the law
513	enforcement officer is an officer or employee of the state or a
514	person authorized to act for or on behalf of the state or
515	serving the state as an adviser or consultant.
516	Section 34. Section 923.01, Florida Statutes, is amended
517	to read:
518	923.01 Criminal report.--Each committing trial court judge
519	magistrateat the time commitment papers are sent by her or him
520	to the proper trial court, and the sheriff when an arrest is
521	made, other than on a capias, shall transmit to the prosecuting
522	attorney of the trial court having jurisdiction, a report in the
523	following form:
524	CRIMINAL REPORT
525	Date: ____ Name and address of defendant: ____ Age: ____. If
526	under 18, give name and address of parent, next friend, or
527	guardian: ____ Name of offense, such as murder, assault,
528	robbery, etc.: ____ Date and place where committed: ____ Value
529	of property stolen: ____ Kind of property stolen: ____ Kind of
530	building robbed: ____ Name and address of owner of property
531	stolen or building robbed: ____ Name and address of occupant of
532	building robbed: ____ Name of party assaulted or murdered: ____
533	Weapon used in assault or murder: ____ Exhibits taken at scene
534	of crime or from defendant: ____ Name of custodian of such
535	exhibits: ____ Location of building or place where offense
536	committed: ____ Previous prison record of defendant: ____ Has
537	defendant been arrested: ____ Does defendant desire to plead
538	guilty: ____ Names and addresses of state witnesses: ____ Name
539	of defendant's lawyer: ____ If defendant is released on bond,
540	names and addresses of sureties: ____ Brief statement of facts:
541	____ Name of committing trial court judgemagistrate: ____ If
542	additional space required, use reverse side of this sheet.
543	. . . (Signature of party making this report.) . . .
544	Section 35. Section 933.01, Florida Statutes, is amended
545	to read:
546	933.01 Persons competent to issue search warrant.--A
547	search warrant authorized by law may be issued by any judge,
548	including the judge of any circuit court of this state or county
549	court judge, or committing judge of the trial courtmagistrate
550	having jurisdiction where the place, vehicle,or thing to be
551	searched may be.
552	Section 36. Section 933.06, Florida Statutes, is amended
553	to read:
554	933.06 Sworn application required before issuance.--The
555	judge or magistratemust, before issuing the warrant, have the
556	application of some person for said warrant duly sworn to and
557	subscribed, and may receive further testimony from witnesses or
558	supporting affidavits, or depositions in writing, to support the
559	application. The affidavit and further proof, if same be had or
560	required, must set forth the facts tending to establish the
561	grounds of the application or probable cause for believing that
562	they exist.
563	Section 37. Subsection (1) of section 933.07, Florida
564	Statutes, is amended to read:
565	933.07 Issuance of search warrants.--
566	(1) The judge, upon examination of the application and
567	proofs submitted, if satisfied that probable cause exists for
568	the issuing of the search warrant, shall thereupon issue a
569	search warrant signed by him or her with his or her name of
570	office, to any sheriff and the sheriff's deputies or any police
571	officer or other person authorized by law to execute process,
572	commanding the officer or person forthwith to search the
573	property described in the warrant or the person named, for the
574	property specified, and to bring the property and any person
575	arrested in connection therewith before the judgemagistrateor
576	some other court having jurisdiction of the offense.
577	Section 38. Section 933.10, Florida Statutes, is amended
578	to read:
579	933.10 Execution of search warrant during day or night.--A
580	search warrant issued under the provisions ofthis chapter may,
581	if expressly authorized in such warrant by the judge or
582	magistrate issuing the same, be executed by being served either
583	in the daytime or in the nighttime, as the exigencies of the
584	occasion may demand or require.
585	Section 39. Section 933.101, Florida Statutes, is amended
586	to read:
587	933.101 Service on Sunday.--A search warrant may be
588	executed by being served on Sunday, if expressly authorized in
589	such warrant by the judge or magistrate issuing the same.
590	Section 40. Section 933.13, Florida Statutes, is amended
591	to read:
592	933.13 Copy of inventory shall be delivered upon
593	request.--The judge or magistrateto whom the warrant is
594	returned, upon the request of any claimant or any person from
595	whom said property is taken, or the officer who executed the
596	search warrant, shall deliver to said applicant a true copy of
597	the inventory of the property mentioned in the return on said
598	warrant.
599	Section 41. Subsections (1), (3), and (4) of section
600	933.14, Florida Statutes, are amended to read:
601	933.14 Return of property taken under search warrant.--
602	(1) If it appears to the magistrate orjudge before whom
603	the warrant is returned that the property or papers taken are
604	not the same as that described in the warrant, or that there is
605	no probable cause for believing the existence of the grounds
606	upon which the warrant was issued, or if it appears to the judge
607	magistratebefore whom any property is returned that the
608	property was secured by an "unreasonable" search, the judge or
609	magistratemay order a return of the property taken; provided,
610	however, that in no instance shall contraband such as slot
611	machines, gambling tables, lottery tickets, tally sheets,
612	rundown sheets, or other gambling devices, paraphernalia and
613	equipment, or narcotic drugs, obscene prints and literature be
614	returned to anyone claiming an interest therein, it being the
615	specific intent of the Legislature that no one has any property
616	rights subject to be protected by any constitutional provision
617	in such contraband; provided, further, that the claimant of said
618	contraband may upon sworn petition and proof submitted by him or
619	her in the circuit court of the county where seized, show that
620	said contraband articles so seized were held, used or possessed
621	in a lawful manner, for a lawful purpose, and in a lawful place,
622	the burden of proof in all cases being upon the claimant. The
623	sworn affidavit or complaint upon which the search warrant was
624	issued or the testimony of the officers showing probable cause
625	to search without a warrant or incident to a legal arrest, and
626	the finding of such slot machines, gambling tables, lottery
627	tickets, tally sheets, rundown sheets, scratch sheets, or other
628	gambling devices, paraphernalia, and equipment, including money
629	used in gambling or in furtherance of gambling, or narcotic
630	drugs, obscene prints and literature, or any of them, shall
631	constitute prima facie evidence of the illegal possession of
632	such contraband and the burden shall be upon the claimant for
633	the return thereof, to show that such contraband was lawfully
634	acquired, possessed, held, and used.
635	(3) No pistol or firearm taken by any officer with a
636	search warrant or without a search warrant upon a view by the
637	officer of a breach of the peace shall be returned except
638	pursuant to an order of a trialcircuit judge or a countycourt
639	judge.
640	(4) If no cause is shown for the return of any property
641	seized or taken under a search warrant, the judge or magistrate
642	shall order that the same be impounded for use as evidence at
643	any trial of any criminal or penal cause growing out of the
644	having or possession of said property, but perishable property
645	held or possessed in violation of law may be sold where the same
646	is not prohibited, as may be directed by the court, or returned
647	to the person from whom taken. The judge or magistrateto whom
648	said search warrant is returned shall file the same with the
649	inventory and sworn return in the proper office, and if the
650	original affidavit and proofs upon which the warrant was issued
651	are in his or her possession, he or she shall apply to the
652	officer having the same and the officer shall transmit and
653	deliver all of the papers, proofs, and certificates to the
654	proper office where the proceedings are lodged.
655	Section 42. Section 939.02, Florida Statutes, is amended
656	to read:
657	939.02 Costs before committing trial court judge
658	magistrate.--All costs accruing before a committing trial court
659	judgemagistrateshall be taxed against the defendant on
660	conviction or estreat of recognizance.
661	Section 43. Section 939.14, Florida Statutes, is amended
662	to read:
663	939.14 County not to pay costs in cases where information
664	is not filed or indictment found.--When a committing trial court
665	judgemagistrateholds to bail or commits any person to answer a
666	criminal charge in a county court or a circuit court, and an
667	information is not filed nor an indictment found against such
668	person, the costs of such committing trial shall not be paid by
669	the county, except the costs for executing the warrant.
670	Section 44. Section 941.13, Florida Statutes, is amended
671	to read:
672	941.13 Arrest prior to requisition.--Whenever any person
673	within this state shall be charged on the oath of any credible
674	person before any judge or magistrateof this state with the
675	commission of any crime in any other state, and,except in cases
676	arising under s. 941.06,with having fled from justice or with
677	having been convicted of a crime in that state and having
678	escaped from confinement, or having broken the terms of his or
679	her bail, probation, or parole, or whenever complaint shall have
680	been made before any judge or magistratein this state setting
681	forth on the affidavit of any credible person in another state
682	that a crime has been committed in such other state and that the
683	accused has been charged in such state with the commission of
684	the crime, and, except in cases arising under s. 941.06, has
685	fled from justice, or with having been convicted of a crime in
686	that state and having escaped from confinement, or having broken
687	the terms of his or her bail, probation, or parole, and is
688	believed to be in this state, the judge or magistrateshall
689	issue a warrant directed to any peace officer commanding him or
690	her to apprehend the person named therein, wherever the person
691	may be found in this state, and to bring the person before the
692	same or any other judge, magistrate,or court who or which may
693	be available in, or convenient of, access to the place where the
694	arrest may be made, to answer the charge or complaint and
695	affidavit, and a certified copy of the sworn charge or complaint
696	and affidavit upon which the warrant is issued shall be attached
697	to the warrant.
698	Section 45. Section 941.14, Florida Statutes, is amended
699	to read:
700	941.14 Arrest without a warrant.--The arrest of a person
701	may be lawfully made also by any peace officer or a private
702	person, without a warrant upon reasonable information that the
703	accused stands charged in the courts of a state with a crime
704	punishable by death or imprisonment for a term exceeding 1 year,
705	but when so arrested the accused must be taken before a judge or
706	magistratewith all practicable speed and complaint must be made
707	against the accused under oath setting forth the ground for the
708	arrest as in the preceding section; and thereafter his or her
709	answer shall be heard as if the accused had been arrested on a
710	warrant.
711	Section 46. Section 941.15, Florida Statutes, is amended
712	to read:
713	941.15 Commitment to await requisition; bail.--If from the
714	examination before the judge or magistrateit appears that the
715	person held is the person charged with having committed the
716	crime alleged and, except in cases arising under s. 941.06, that
717	the person has fled from justice, the judge or magistratemust,
718	by a warrant reciting the accusation, commit the person to the
719	county jail for such a time not exceeding 30 days and specified
720	in the warrant,as will enable the arrest of the accused to be
721	made under a warrant of the Governor on a requisition of the
722	executive authority of the state having jurisdiction of the
723	offense, unless the accused givesgive bail as provided in s.
724	941.16the next section, or until the accused shall be legally
725	discharged.
726	Section 47. Section 941.17, Florida Statutes, is amended
727	to read:
728	941.17 Extension of time of commitment, adjournment.--If
729	the accused is not arrested under warrant of the Governor by the
730	expiration of the time specified in the warrant or bond, a judge
731	or magistratemay discharge the accused or may recommit him or
732	her for a further period not to exceed 60 days, or a judge or
733	magistrate judgemay again take bail for his or her appearance
734	and surrender, as provided in s. 941.16, but within a period not
735	to exceed 60 days after the date of such new bond.
736	Section 48. Section 941.18, Florida Statutes, is amended
737	to read:
738	941.18 Forfeiture of bail.--If the prisoner is admitted to
739	bail, and fails to appear and surrender himself or herself
740	according to the conditions of his or her bond, the judge, or
741	magistrate by proper order,shall declare the bond forfeited and
742	order his or her immediate arrest without warrant if he or she
743	isbewithin this state. Recovery may be had on such bond in the
744	name of the state as in the case of other bonds given by the
745	accused in criminal proceedings within this state.
746	Section 49. Subsection (2) of section 947.141, Florida
747	Statutes, is amended to read:
748	947.141 Violations of conditional release, control
749	release, or conditional medical release or addiction-recovery
750	supervision.--
751	(2) Upon the arrest on a felony charge of an offender who
752	is on release supervision under s. 947.1405, s. 947.146, s.
753	947.149, or s. 944.4731, the offender must be detained without
754	bond until the initial appearance of the offender at which a
755	judicial determination of probable cause is made. If the trial
756	court judgemagistratedetermines that there was no probable
757	cause for the arrest, the offender may be released. If the trial
758	court judgemagistratedetermines that there was probable cause
759	for the arrest, such determination also constitutes reasonable
760	grounds to believe that the offender violated the conditions of
761	the release. Within 24 hours after the trial court judge's
762	magistrate'sfinding of probable cause, the detention facility
763	administrator or designee shall notify the commission and the
764	department of the finding and transmit to each a facsimile copy
765	of the probable cause affidavit or the sworn offense report upon
766	which the trial court judge'smagistrate'sprobable cause
767	determination is based. The offender must continue to be
768	detained without bond for a period not exceeding 72 hours
769	excluding weekends and holidays after the date of the probable
770	cause determination, pending a decision by the commission
771	whether to issue a warrant charging the offender with violation
772	of the conditions of release. Upon the issuance of the
773	commission's warrant, the offender must continue to be held in
774	custody pending a revocation hearing held in accordance with
775	this section.
776	Section 50. Subsection (1) of section 948.06, Florida
777	Statutes, is amended to read:
778	948.06 Violation of probation or community control;
779	revocation; modification; continuance; failure to pay
780	restitution or cost of supervision.--
781	(1) Whenever within the period of probation or community
782	control there are reasonable grounds to believe that a
783	probationer or offender in community control has violated his or
784	her probation or community control in a material respect, any
785	law enforcement officer who is aware of the probationary or
786	community control status of the probationer or offender in
787	community control or any parole or probation supervisor may
788	arrest or request any county or municipal law enforcement
789	officer to arrest such probationer or offender without warrant
790	wherever found and forthwith return him or her to the court
791	granting such probation or community control. Any committing
792	trial court judgemagistratemay issue a warrant, upon the facts
793	being made known to him or her by affidavit of one having
794	knowledge of such facts, for the arrest of the probationer or
795	offender, returnable forthwith before the court granting such
796	probation or community control. Any parole or probation
797	supervisor, any officer authorized to serve criminal process, or
798	any peace officer of this state is authorized to serve and
799	execute such warrant. Upon the filing of an affidavit alleging a
800	violation of probation or community control and following
801	issuance of a warrant under s. 901.02, the probationary period
802	is tolled until the court enters a ruling on the violation.
803	Notwithstanding the tolling of probation as provided in this
804	subsection, the court shall retain jurisdiction over the
805	offender for any violation of the conditions of probation or
806	community control that is alleged to have occurred during the
807	tolling period. The probation officer is permitted to continue
808	to supervise any offender who remains available to the officer
809	for supervision until the supervision expires pursuant to the
810	order of probation or community control or until the court
811	revokes or terminates the probation or community control,
812	whichever comes first. The court, upon the probationer or
813	offender being brought before it, shall advise him or her of
814	such charge of violation and, if such charge is admitted to be
815	true, may forthwith revoke, modify, or continue the probation or
816	community control or place the probationer into a community
817	control program. If probation or community control is revoked,
818	the court shall adjudge the probationer or offender guilty of
819	the offense charged and proven or admitted, unless he or she has
820	previously been adjudged guilty, and impose any sentence which
821	it might have originally imposed before placing the probationer
822	on probation or the offender into community control. If such
823	violation of probation or community control is not admitted by
824	the probationer or offender, the court may commit him or her or
825	release him or her with or without bail to await further
826	hearing, or it may dismiss the charge of probation or community
827	control violation. If such charge is not at that time admitted
828	by the probationer or offender and if it is not dismissed, the
829	court, as soon as may be practicable, shall give the probationer
830	or offender an opportunity to be fully heard on his or her
831	behalf in person or by counsel. After such hearing, the court
832	may revoke, modify, or continue the probation or community
833	control or place the probationer into community control. If such
834	probation or community control is revoked, the court shall
835	adjudge the probationer or offender guilty of the offense
836	charged and proven or admitted, unless he or she has previously
837	been adjudged guilty, and impose any sentence which it might
838	have originally imposed before placing the probationer or
839	offender on probation or into community control. Notwithstanding
840	s. 775.082, when a period of probation or community control has
841	been tolled, upon revocation or modification of the probation or
842	community control, the court may impose a sanction with a term
843	that when combined with the amount of supervision served and
844	tolled, exceeds the term permissible pursuant to s. 775.082 for
845	a term up to the amount of the tolled period supervision. If the
846	court dismisses an affidavit alleging a violation of probation
847	or community control, the offender's probation or community
848	control shall continue as previously imposed, and the offender
849	shall receive credit for all tolled time against his or her term
850	of probation or community control.
851	Section 51. Paragraph (b) of subsection (4) of section
852	985.05, Florida Statutes, is amended to read:
853	985.05 Court records.--
854	(4) A court record of proceedings under this part is not
855	admissible in evidence in any other civil or criminal
856	proceeding, except that:
857	(b) Orders binding an adult over for trial on a criminal
858	charge, made by the committing trial judge as a committing
859	magistrate, are admissible in evidence in the court to which the
860	adult is bound over.
861	Section 52. Section 56.071, Florida Statutes, is amended
862	to read:
863	56.071 Executions on equities of redemption; discovery of
864	value.--On motion made by the party causing a levy to be made on
865	an equity of redemption,the court from which the execution
866	issued shall order the mortgagor, mortgagee,and all other
867	persons interested in the mortgaged property levied on to appear
868	and be examined about the amount remaining due on the mortgage,
869	the amount that has been paid, the party to whom that amount has
870	been paid, and the date when that amount was paidto whom and
871	when paidso that the value of the equity of redemption may be
872	ascertained before the propertyitis sold. The court may
873	appoint a general or special magistratemasterto conduct the
874	examination. This section shall also apply to the interest of
875	and personal property in possession of a vendee under a retained
876	title contract or conditional sales contract.
877	Section 53. Subsections (2), (7), and (10) of section
878	56.29, Florida Statutes, are amended to read:
879	56.29 Proceedings supplementary.--
880	(2) On such plaintiff's motion the court shall require the
881	defendant in execution to appear before it or a general or
882	special magistratemasterat a time and place specified by the
883	order in the county of the defendant's residence to be examined
884	concerning his or her property.
885	(7) At any time the court may refer the proceeding to a
886	general or special magistratemasterwho may be directed to
887	report findings of law or fact, or both. The master has all the
888	powers thereof, including the power to issue subpoena, and shall
889	be paid the fees provided by law.
890	(10) Any person failing to obey any order issued under
891	this section by a judge or general or special magistratemaster
892	or failingto attend in response to a subpoena served on him or
893	her may be held in contempt.
894	Section 54. Subsection (4) of section 61.1826, Florida
895	Statutes, is amended to read:
896	61.1826 Procurement of services for State Disbursement
897	Unit and the non-Title IV-D component of the State Case
898	Registry; contracts and cooperative agreements; penalties;
899	withholding payment.--
900	(4) COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The
901	contract between the Florida Association of Court Clerks and the
902	department, and cooperative agreements entered into by the
903	depositories and the department, must contain, but are not
904	limited to, the following terms:
905	(a) The initial term of the contract and cooperative
906	agreements is for 5 years. The subsequent term of the contract
907	and cooperative agreements is for 3 years, with the option of
908	two 1-year renewal periods, at the sole discretion of the
909	department.
910	(b) The duties and responsibilities of the Florida
911	Association of Court Clerks, the depositories, and the
912	department.
913	(c) Under s. 287.058(1)(a), all providers and
914	subcontractors shall submit to the department directly, or
915	through the Florida Association of Court Clerks, a report of
916	monthly expenditures in a format prescribed by the department
917	and in sufficient detail for a proper preaudit and postaudit
918	thereof.
919	(d) All providers and subcontractors shall submit to the
920	department directly, or through the Florida Association of Court
921	Clerks, management reports in a format prescribed by the
922	department.
923	(e) All subcontractors shall comply with chapter 280, as
924	may be required.
925	(f) Federal financial participation for eligible Title IV-
926	D expenditures incurred by the Florida Association of Court
927	Clerks and the depositories shall be at the maximum level
928	permitted by federal law for expenditures incurred for the
929	provision of services in support of child support enforcement in
930	accordance with 45 C.F.R. part 74 and Federal Office of
931	Management and Budget Circulars A-87 and A-122 and based on an
932	annual cost allocation study of each depository. The
933	depositories shall submit directly, or through the Florida
934	Association of Court Clerks, claims for Title IV-D expenditures
935	monthly to the department in a standardized format as prescribed
936	by the department. The Florida Association of Court Clerks shall
937	contract with a certified public accounting firm, selected by
938	the Florida Association of Court Clerks and the department, to
939	audit and certify quarterly to the department all claims for
940	expenditures submitted by the depositories for Title IV-D
941	reimbursement.
942	(g) Upon termination of the contracts between the
943	department and the Florida Association of Court Clerks or the
944	depositories, the Florida Association of Court Clerks, its
945	agents, and the depositories shall assist the department in
946	making an orderly transition to a private vendor.
947	(h) Interest on late payment by the department shall be in
948	accordance with s. 215.422.
949
950	If either the department or the Florida Association of Court
951	Clerks objects to a term of the standard cooperative agreement
952	or contract specified in subsections (2) and (3), the disputed
953	term or terms shall be presented jointly by the parties to the
954	Attorney General or the Attorney General's designee, who shall
955	act as special magistratemaster. The special magistratemaster
956	shall resolve the dispute in writing within 10 days. The
957	resolution of a dispute by the special magistratemasteris
958	binding on the department and the Florida Association of Court
959	Clerks.
960	Section 55. Section 64.061, Florida Statutes, is amended
961	to read:
962	64.061 Partition of property; commissioners; special
963	magistratemaster.--
964	(1) APPOINTMENT AND REMOVAL.--When a judgment of partition
965	is made, the court shall appoint three suitable persons as
966	commissioners to make the partition. They shall be selected by
967	the court unless agreed on by the parties. They may be removed
968	by the court for good cause and others appointed in their
969	places.
970	(2) POWERS, DUTIES, COMPENSATION AND REPORT OF
971	COMMISSIONERS.--The commissioners shall be sworn to execute the
972	trust imposed in them faithfully and impartially before entering
973	on their duties; have power to employ a surveyor, if necessary,
974	for the purpose of making partition; be allowed such sum as is
975	reasonable for their services; to make partition of the lands in
976	question according to the court's order and report it in writing
977	to the court without delay.
978	(3) EXCEPTIONS TO REPORT AND FINAL JUDGMENT.--Any party
979	may file objections to the report of the commissioners within 10
980	days after it is served. If no objections are filed or if the
981	court is satisfied on hearing any such objections that they are
982	not well-founded, the report shall be confirmed, and a final
983	judgment entered vesting in the parties the title to the parcels
984	of the lands allotted to them respectively, and giving each of
985	them the possession of and quieting title to their respective
986	shares as against the other parties to the action or those
987	claiming through or under them.
988	(4) APPOINTMENT OF SPECIAL MAGISTRATEMASTERWHERE
989	PROPERTY NOT SUBJECT TO PARTITION.--On an uncontested allegation
990	in a pleading that the property sought to be partitioned is
991	indivisible and is not subject to partition without prejudice to
992	the owners of it or if a judgment of partition is entered and
993	the court is satisfied that the allegation is correct, on motion
994	of any party and notice to the others the court may appoint a
995	special magistratemasteror the clerk to make sale of the
996	property either at private sale or as provided by s. 64.071.
997	Section 56. Subsection (5) of section 65.061, Florida
998	Statutes, is amended to read:
999	65.061 Quieting title; additional remedy.--
1000	(5) RECORDING FINAL JUDGMENTS.--All final judgments may be
1001	recorded in the county or counties in which the land is situated
1002	and operate to vest title in like manner as though a conveyance
1003	were executed by a special magistratemasteror commissioner.
1004	Section 57. Section 69.051, Florida Statutes, is amended
1005	to read:
1006	69.051 General and special magistratesMasters in
1007	chancery; compensation.--General and special magistrates
1008	appointed by the courtMasters in chanceryshall be allowed such
1009	compensation for any services as the court deems reasonable,
1010	including time consumed in legal research required in preparing
1011	and summarizing their findings of fact and law.
1012	Section 58. Section 70.51, Florida Statutes, is amended to
1013	read:
1014	70.51 Land use and environmental dispute resolution.--
1015	(1) This section may be cited as the "Florida Land Use and
1016	Environmental Dispute Resolution Act."
1017	(2) As used in this section, the term:
1018	(a) "Development order" means any order, or notice of
1019	proposed state or regional governmental agency action, which is
1020	or will have the effect of granting, denying, or granting with
1021	conditions an application for a development permit, and includes
1022	the rezoning of a specific parcel. Actions by the state or a
1023	local government on comprehensive plan amendments are not
1024	development orders.
1025	(b) "Development permit" means any building permit, zoning
1026	permit, subdivision approval, certification, special exception,
1027	variance, or any other similar action of local government, as
1028	well as any permit authorized to be issued under state law by
1029	state, regional, or local government which has the effect of
1030	authorizing the development of real property including, but not
1031	limited to, programs implementing chapters 125, 161, 163, 166,
1032	187, 258, 372, 373, 378, 380, and 403.
1033	(c) "Special magistratemaster" means a person selected by
1034	the parties to perform the duties prescribed in this section.
1035	The special magistratemastermust be a resident of the state
1036	and possess experience and expertise in mediation and at least
1037	one of the following disciplines and a working familiarity with
1038	the others: land use and environmental permitting, land
1039	planning, land economics, local and state government
1040	organization and powers, and the law governing the same.
1041	(d) "Owner" means a person with a legal or equitable
1042	interest in real property who filed an application for a
1043	development permit for the property at the state, regional, or
1044	local level and who received a development order, or who holds
1045	legal title to real property that is subject to an enforcement
1046	action of a governmental entity.
1047	(e) "Proposed use of the property" means the proposal
1048	filed by the owner to develop his or her real property.
1049	(f) "Governmental entity" includes an agency of the state,
1050	a regional or a local government created by the State
1051	Constitution or by general or special act, any county or
1052	municipality, or any other entity that independently exercises
1053	governmental authority. The term does not include the United
1054	States or any of its agencies.
1055	(g) "Land" or "real property" means land and includes any
1056	appurtenances and improvements to the land, including any other
1057	relevant real property in which the owner had a relevant
1058	interest.
1059	(3) Any owner who believes that a development order,
1060	either separately or in conjunction with other development
1061	orders, or an enforcement action of a governmental entity, is
1062	unreasonable or unfairly burdens the use of the owner's real
1063	property, may apply within 30 days after receipt of the order or
1064	notice of the governmental action for relief under this section.
1065	(4) To initiate a proceeding under this section, an owner
1066	must file a request for relief with the elected or appointed
1067	head of the governmental entity that issued the development
1068	order or orders, or that initiated the enforcement action. The
1069	head of the governmental entity may not charge the owner for the
1070	request for relief and must forward the request for relief to
1071	the special magistratemasterwho is mutually agreed upon by the
1072	owner and the governmental entity within 10 days after receipt
1073	of the request.
1074	(5) The governmental entity with whom a request has been
1075	filed shall also serve a copy of the request for relief by
1076	United States mail or by hand delivery to:
1077	(a) Owners of real property contiguous to the owner's
1078	property at the address on the latest county tax roll.
1079	(b) Any substantially affected party who submitted oral or
1080	written testimony, sworn or unsworn, of a substantive nature
1081	which stated with particularity objections to or support for any
1082	development order at issue or enforcement action at issue.
1083	Notice under this paragraph is required only if that party
1084	indicated a desire to receive notice of any subsequent special
1085	magistratemasterproceedings occurring on the development order
1086	or enforcement action. Each governmental entity must maintain in
1087	its files relating to particular development orders a mailing
1088	list of persons who have presented oral or written testimony and
1089	who have requested notice.
1090	(6) The request for relief must contain:
1091	(a) A brief statement of the owner's proposed use of the
1092	property.
1093	(b) A summary of the development order or description of
1094	the enforcement action. A copy of the development order or the
1095	documentation of an enforcement action at issue must be attached
1096	to the request.
1097	(c) A brief statement of the impact of the development
1098	order or enforcement action on the ability of the owner to
1099	achieve the proposed use of the property.
1100	(d) A certificate of service showing the parties,
1101	including the governmental entity, served.
1102	(7) The special magistratemastermay require other
1103	information in the interest of gaining a complete understanding
1104	of the request for relief.
1105	(8) The special magistratemastermay conduct a hearing on
1106	whether the request for relief should be dismissed for failing
1107	to include the information required in subsection (6). If the
1108	special magistratemaster dismisses the case, the special
1109	magistratemastershall allow the owner to amend the request and
1110	refile. Failure to file an adequate amended request within the
1111	time specified shall result in a dismissal with prejudice as to
1112	this proceeding.
1113	(9) By requesting relief under this section, the owner
1114	consents to grant the special magistratemasterand the parties
1115	reasonable access to the real property with advance notice at a
1116	time and in a manner acceptable to the owner of the real
1117	property.
1118	(10)(a) Before initiating a special magistratemaster
1119	proceeding to review a local development order or local
1120	enforcement action, the owner must exhaust all nonjudicial local
1121	government administrative appeals if the appeals take no longer
1122	than 4 months. Once nonjudicial local administrative appeals
1123	are exhausted and the development order or enforcement action is
1124	final, or within 4 months after issuance of the development
1125	order or notice of the enforcement action if the owner has
1126	pursued local administrative appeals even if the appeals have
1127	not been concluded, the owner may initiate a proceeding under
1128	this section. Initiation of a proceeding tolls the time for
1129	seeking judicial review of a local government development order
1130	or enforcement action until the special magistrate'smaster's
1131	recommendation is acted upon by the local government. Election
1132	by the owner to file for judicial review of a local government
1133	development order or enforcement action prior to initiating a
1134	proceeding under this section waives any right to a special
1135	magistratemasterproceeding.
1136	(b) If an owner requests special master relief under this
1137	sectionfrom a development order or enforcement action issued by
1138	a state or regional agency, the time for challenging agency
1139	action under ss. 120.569 and 120.57 is tolled. If an owner
1140	chooses to bring a proceeding under ss. 120.569 and 120.57
1141	before initiating a special master proceeding under this
1142	section, then the owner waives any right to a special magistrate
1143	masterproceeding unless all parties consent to proceeding to
1144	mediation.
1145	(11) The initial party to the proceeding is the
1146	governmental entity that issues the development order to the
1147	owner or that is taking the enforcement action. In those
1148	instances when the development order or enforcement action is
1149	the culmination of a process involving more than one
1150	governmental entity or when a complete resolution of all
1151	relevant issues would require the active participation of more
1152	than one governmental entity, the special magistratemastermay,
1153	upon application of a party, join those governmental entities as
1154	parties to the proceeding if it will assist in effecting the
1155	purposes of this section, and those governmental entities so
1156	joined shall actively participate in the procedure.
1157	(12) Within 21 days after receipt of the request for
1158	relief, any owner of land contiguous to the owner's property and
1159	any substantially affected person who submitted oral or written
1160	testimony, sworn or unsworn, of a substantive nature which
1161	stated with particularity objections to or support for the
1162	development order or enforcement action at issue may request to
1163	participate in the proceeding. Those persons may be permitted
1164	to participate in the hearing but shall not be granted party or
1165	intervenor status. The participation of such persons is limited
1166	to addressing issues raised regarding alternatives, variances,
1167	and other types of adjustment to the development order or
1168	enforcement action which may impact their substantial interests,
1169	including denial of the development order or application of an
1170	enforcement action.
1171	(13) Each party must make efforts to assure that those
1172	persons qualified by training or experience necessary to address
1173	issues raised by the request or by the special magistratemaster
1174	and further qualified to address alternatives, variances, and
1175	other types of modifications to the development order or
1176	enforcement action are present at the hearing.
1177	(14) The special magistratemastermay subpoena any
1178	nonparty witnesses in the state whom the special magistrate
1179	masterbelieves will aid in the disposition of the matter.
1180	(15)(a) The special magistratemastershall hold a hearing
1181	within 45 days after his or her receipt of the request for
1182	relief unless a different date is agreed to by all the parties.
1183	The hearing must be held in the county in which the property is
1184	located.
1185	(b) The special magistratemastermust provide notice of
1186	the place, date, and time of the hearing to all parties and any
1187	other persons who have requested such notice at least 40 days
1188	prior to the hearing.
1189	(16)(a) Fifteen days following the filing of a request for
1190	relief, the governmental entity that issued the development
1191	order or that is taking the enforcement action shall file a
1192	response to the request for relief with the special magistrate
1193	mastertogether with a copy to the owner. The response must set
1194	forth in reasonable detail the position of the governmental
1195	entity regarding the matters alleged by the owner. The response
1196	must include a brief statement explaining the public purpose of
1197	the regulations on which the development order or enforcement
1198	action is based.
1199	(b) Any governmental entity that is added by the special
1200	magistratemasteras a party must file a response to the request
1201	for relief prior to the hearing but not later than 15 days
1202	following its admission.
1203	(c) Any party may incorporate in the response to the
1204	request for relief a request to be dropped from the proceeding.
1205	The request to be dropped must set forth facts and circumstances
1206	relevant to aid the special magistratemasterin ruling on the
1207	request. All requests to be dropped must be disposed of prior
1208	to conducting any hearings on the merits of the request for
1209	relief.
1210	(17) In all respects, the hearing must be informal and
1211	open to the public and does not require the use of an attorney.
1212	The hearing must operate at the direction and under the
1213	supervision of the special magistratemaster. The object of the
1214	hearing is to focus attention on the impact of the governmental
1215	action giving rise to the request for relief and to explore
1216	alternatives to the development order or enforcement action and
1217	other regulatory efforts by the governmental entities in order
1218	to recommend relief, when appropriate, to the owner.
1219	(a) The first responsibility of the special magistrate
1220	masteris to facilitate a resolution of the conflict between the
1221	owner and governmental entities to the end that some
1222	modification of the owner's proposed use of the property or
1223	adjustment in the development order or enforcement action or
1224	regulatory efforts by one or more of the governmental parties
1225	may be reached. Accordingly, the special magistratemastershall
1226	act as a facilitator or mediator between the parties in an
1227	effort to effect a mutually acceptable solution. The parties
1228	shall be represented at the mediation by persons with authority
1229	to bind their respective parties to a solution, or by persons
1230	with authority to recommend a solution directly to the persons
1231	with authority to bind their respective parties to a solution.
1232	(b) If an acceptable solution is not reached by the
1233	parties after the special magistrate'smaster'sattempt at
1234	mediation, the special magistratemastershall consider the
1235	facts and circumstances set forth in the request for relief and
1236	any responses and any other information produced at the hearing
1237	in order to determine whether the action by the governmental
1238	entity or entities is unreasonable or unfairly burdens the real
1239	property.
1240	(c) In conducting the hearing, the special magistrate
1241	mastermay hear from all parties and witnesses that are
1242	necessary to an understanding of the matter. The special
1243	magistratemastershall weigh all information offered at the
1244	hearing.
1245	(18) The circumstances to be examined in determining
1246	whether the development order or enforcement action, or the
1247	development order or enforcement action in conjunction with
1248	regulatory efforts of other governmental parties, is
1249	unreasonable or unfairly burdens use of the property may
1250	include, but are not limited to:
1251	(a) The history of the real property, including when it
1252	was purchased, how much was purchased, where it is located, the
1253	nature of the title, the composition of the property, and how it
1254	was initially used.
1255	(b) The history or development and use of the real
1256	property, including what was developed on the property and by
1257	whom, if it was subdivided and how and to whom it was sold,
1258	whether plats were filed or recorded, and whether infrastructure
1259	and other public services or improvements may have been
1260	dedicated to the public.
1261	(c) The history of environmental protection and land use
1262	controls and other regulations, including how and when the land
1263	was classified, how use was proscribed, and what changes in
1264	classifications occurred.
1265	(d) The present nature and extent of the real property,
1266	including its natural and altered characteristics.
1267	(e) The reasonable expectations of the owner at the time
1268	of acquisition, or immediately prior to the implementation of
1269	the regulation at issue, whichever is later, under the
1270	regulations then in effect and under common law.
1271	(f) The public purpose sought to be achieved by the
1272	development order or enforcement action, including the nature
1273	and magnitude of the problem addressed by the underlying
1274	regulations on which the development order or enforcement action
1275	is based; whether the development order or enforcement action is
1276	necessary to the achievement of the public purpose; and whether
1277	there are alternative development orders or enforcement action
1278	conditions that would achieve the public purpose and allow for
1279	reduced restrictions on the use of the property.
1280	(g) Uses authorized for and restrictions placed on similar
1281	property.
1282	(h) Any other information determined relevant by the
1283	special magistratemaster.
1284	(19) Within 14 days after the conclusion of the hearing,
1285	the special magistratemastershall prepare and file with all
1286	parties a written recommendation.
1287	(a) If the special magistratemasterfinds that the
1288	development order at issue, or the development order or
1289	enforcement action in combination with the actions or
1290	regulations of other governmental entities, is not unreasonable
1291	or does not unfairly burden the use of the owner's property, the
1292	special magistratemastermust recommend that the development
1293	order or enforcement action remain undisturbed and the
1294	proceeding shall end, subject to the owner's retention of all
1295	other available remedies.
1296	(b) If the special magistratemasterfinds that the
1297	development order or enforcement action, or the development
1298	order or enforcement action in combination with the actions or
1299	regulations of other governmental entities, is unreasonable or
1300	unfairly burdens use of the owner's property, the special
1301	magistratemaster, with the owner's consent to proceed, may
1302	recommend one or more alternatives that protect the public
1303	interest served by the development order or enforcement action
1304	and regulations at issue but allow for reduced restraints on the
1305	use of the owner's real property, including, but not limited to:
1306	1. An adjustment of land development or permit standards
1307	or other provisions controlling the development or use of land.
1308	2. Increases or modifications in the density, intensity,
1309	or use of areas of development.
1310	3. The transfer of development rights.
1311	4. Land swaps or exchanges.
1312	5. Mitigation, including payments in lieu of onsite
1313	mitigation.
1314	6. Location on the least sensitive portion of the
1315	property.
1316	7. Conditioning the amount of development or use
1317	permitted.
1318	8. A requirement that issues be addressed on a more
1319	comprehensive basis than a single proposed use or development.
1320	9. Issuance of the development order, a variance, special
1321	exception, or other extraordinary relief, including withdrawal
1322	of the enforcement action.
1323	10. Purchase of the real property, or an interest therein,
1324	by an appropriate governmental entity.
1325	(c) This subsection does not prohibit the owner and
1326	governmental entity from entering in to an agreement as to the
1327	permissible use of the property prior to the special magistrate
1328	masterentering a recommendation. An agreement for a
1329	permissible use must be incorporated in the special magistrate's
1330	master'srecommendation.
1331	(20) The special magistrate'smaster'srecommendation is a
1332	public record under chapter 119. However, actions or statements
1333	of all participants to the special magistratemasterproceeding
1334	are evidence of an offer to compromise and inadmissible in any
1335	proceeding, judicial or administrative.
1336	(21) Within 45 days after receipt of the special
1337	magistrate'smaster'srecommendation, the governmental entity
1338	responsible for the development order or enforcement action and
1339	other governmental entities participating in the proceeding must
1340	consult among themselves and each governmental entity must:
1341	(a) Accept the recommendation of the special magistrate
1342	masteras submitted and proceed to implement it by development
1343	agreement, when appropriate, or by other method, in the ordinary
1344	course and consistent with the rules and procedures of that
1345	governmental entity. However, the decision of the governmental
1346	entity to accept the recommendation of the special magistrate
1347	masterwith respect to granting a modification, variance, or
1348	special exception to the application of statutes, rules,
1349	regulations, or ordinances as they would otherwise apply to the
1350	subject property does not require an owner to duplicate previous
1351	processes in which the owner has participated in order to
1352	effectuate the granting of the modification, variance, or
1353	special exception;
1354	(b) Modify the recommendation as submitted by the special
1355	magistratemasterand proceed to implement it by development
1356	agreement, when appropriate, or by other method, in the ordinary
1357	course and consistent with the rules and procedures of that
1358	governmental entity; or
1359	(c) Reject the recommendation as submitted by the special
1360	magistratemaster. Failure to act within 45 days is a rejection
1361	unless the period is extended by agreement of the owner and
1362	issuer of the development order or enforcement action.
1363	(22) If a governmental entity accepts the special
1364	magistrate'smaster'srecommendation or modifies it and the
1365	owner rejects the acceptance or modification, or if a
1366	governmental entity rejects the special magistrate'smaster's
1367	recommendation, the governmental entity must issue a written
1368	decision within 30 days that describes as specifically as
1369	possible the use or uses available to the subject real property.
1370	(23) The procedure established by this section may not
1371	continue longer than 165 days, unless the period is extended by
1372	agreement of the parties. A decision describing available uses
1373	constitutes the last prerequisite to judicial action and the
1374	matter is ripe or final for subsequent judicial proceedings
1375	unless the owner initiates a proceeding under ss. 120.569 and
1376	120.57. If the owner brings a proceeding under ss. 120.569 and
1377	120.57, the matter is ripe when the proceeding culminates in a
1378	final order whether further appeal is available or not.
1379	(24) The procedure created by this section is not itself,
1380	nor does it create, a judicial cause of action. Once the
1381	governmental entity acts on the special magistrate'smaster's
1382	recommendation, the owner may elect to file suit in a court of
1383	competent jurisdiction. Invoking the procedures of this section
1384	is not a condition precedent to filing a civil action.
1385	(25) Regardless of the action the governmental entity
1386	takes on the special magistrate'smaster'srecommendation, a
1387	recommendation that the development order or enforcement action,
1388	or the development order or enforcement action in combination
1389	with other governmental regulatory actions, is unreasonable or
1390	unfairly burdens use of the owner's real property may serve as
1391	an indication of sufficient hardship to support modification,
1392	variances, or special exceptions to the application of statutes,
1393	rules, regulations, or ordinances to the subject property.
1394	(26) A special magistrate'smaster'srecommendation under
1395	this section constitutes data in support of, and a support
1396	document for, a comprehensive plan or comprehensive plan
1397	amendment, but is not, in and of itself, dispositive of a
1398	determination of compliance with chapter 163. Any comprehensive
1399	plan amendment necessary to carry out the approved
1400	recommendation of a special magistratemasterunder this section
1401	is exempt from the twice-a-year limit on plan amendments and may
1402	be adopted by the local government amendments in s.
1403	163.3184(16)(d).
1404	(27) The special magistratemastershall send a copy of
1405	the recommendation in each case to the Department of Legal
1406	Affairs. Each governmental entity, within 15 days after its
1407	action on the special magistrate'smaster'srecommendation,
1408	shall notify the Department of Legal Affairs in writing as to
1409	what action the governmental entity took on the special
1410	magistrate'smaster'srecommendation.
1411	(28) Each governmental entity may establish procedural
1412	guidelines to govern the conduct of proceedings authorized by
1413	this section, which must include, but are not limited to,
1414	payment of special magistratemasterfees and expenses,
1415	including the costs of providing notice and effecting service of
1416	the request for relief under this section, which shall be borne
1417	equally by the governmental entities and the owner.
1418	(29) This section shall be liberally construed to effect
1419	fully its obvious purposes and intent, and governmental entities
1420	shall direct all available resources and authorities to effect
1421	fully the obvious purposes and intent of this section in
1422	resolving disputes. Governmental entities are encouraged to
1423	expedite notice and time-related provisions to implement
1424	resolution of disputes under this section. The procedure
1425	established by this section may be used to resolve disputes in
1426	pending judicial proceedings, with the agreement of the parties
1427	to the judicial proceedings, and subject to the approval of the
1428	court in which the judicial proceedings are pending. The
1429	provisions of this section are cumulative, and do not supplant
1430	other methods agreed to by the parties and lawfully available
1431	for arbitration, mediation, or other forms of alternative
1432	dispute resolution.
1433	(30) This section applies only to development orders
1434	issued, modified, or amended, or to enforcement actions issued,
1435	on or after October 1, 1995.
1436	Section 59. Subsection (1) of section 92.142, Florida
1437	Statutes, is amended to read:
1438	92.142 Witnesses; pay.--
1439	(1) Witnesses in all cases, civil and criminal, in all
1440	courts, now or hereafter created, and witnesses summoned before
1441	any arbitrator or general or special magistrate appointed by the
1442	courtmaster in chanceryshall receive for each day's actual
1443	attendance $5 and also 6 cents per mile for actual distance
1444	traveled to and from the courts. A witness in a criminal case
1445	required to appear in a county other than the county of his or
1446	her residence and residing more than 50 miles from the location
1447	of the trial shall be entitled to per diem and travel expenses
1448	at the same rate provided for state employees under s. 112.061,
1449	in lieu of any other witness fee at the discretion of the court.
1450	Section 60. Section 112.41, Florida Statutes, is amended
1451	to read:
1452	112.41 Contents of order of suspension; Senate select
1453	committee; special magistrateexaminer.--
1454	(1) The order of the Governor, in suspending any officer
1455	pursuant to the provisions of s. 7, Art. IV of the State
1456	Constitution, shall specify facts sufficient to advise both the
1457	officer and the Senate as to the charges made or the basis of
1458	the suspension.
1459	(2) The Senate shall conduct a hearing in the manner
1460	prescribed by rules of the Senate adopted for this purpose.
1461	(3) The Senate may provide for a select committee to be
1462	appointed by the Senate in accordance with its rules for the
1463	purpose of hearing the evidence and making its recommendation to
1464	the Senate as to the removal or reinstatement of the suspended
1465	officer.
1466	(4) The Senate may, in lieu of the use of a select
1467	committee, appoint a special examiner or a special magistrate
1468	masterto receive the evidence and make recommendations to the
1469	Senate.
1470	Section 61. Section 112.43, Florida Statutes, is amended
1471	to read:
1472	112.43 Prosecution of suspension before Senate.--All
1473	suspensions heard by the Senate, a select committee, or special
1474	magistratemaster, or examinerin accordance with rules of the
1475	Senate shall be prosecuted by the Governor, the Governor's legal
1476	staff, or an attorney designated by the Governor. Should the
1477	Senate, or the select committee appointed by the Senate to hear
1478	the evidence and to make recommendations, desire private
1479	counsel, either the Senate or the select committee shall be
1480	entitled to employ its own counsel for this purpose. Nothing
1481	herein shall prevent the Senate or its select committee from
1482	making its own investigation and presenting such evidence as its
1483	investigation may reveal. The Governor may request the advice
1484	of the Department of Legal Affairs relative to the suspension
1485	order prior to its issuance by the Governor. Following the
1486	issuance of the suspension order, either the Senate or the
1487	select committee may request the Department of Legal Affairs to
1488	provide counsel for the Senate to advise on questions of law or
1489	otherwise advise with the Senate or the select committee, but
1490	the Department of Legal Affairs shall not be required to
1491	prosecute before the Senate or the committee and shall, pursuant
1492	to the terms of this section, act as the legal adviser only.
1493	Section 62. Section 112.47, Florida Statutes, is amended
1494	to read:
1495	112.47 Hearing before Senate select committee;
1496	notice.--The Senate shall afford each suspended official a
1497	hearing before a select committee or special magistrate, master,
1498	or examiner,and shall notify such suspended official of the
1499	time and place of the hearing sufficiently in advance thereof to
1500	afford such official an opportunity fully and adequately to
1501	prepare such defenses as the official may be advised are
1502	necessary and proper, and all such defenses may be presented by
1503	the official or by the official's attorney. In the furtherance
1504	of this provision the Senate shall adopt sufficient procedural
1505	rules to afford due process both to the Governor in the
1506	presentation of his or her evidence and to the suspended
1507	official, but in the absence of such adoption, this section
1508	shall afford a full and complete hearing, public in nature, as
1509	required by the State Constitution. However, nothing in this
1510	part shall prevent either the select committee or the Senate
1511	from conducting portions of the hearing in executive session if
1512	the Senate rules so provide.
1513	Section 63. Subsection (2) of section 162.03, Florida
1514	Statutes, is amended to read:
1515	162.03 Applicability.--
1516	(2) A charter county, a noncharter county, or a
1517	municipality may, by ordinance, adopt an alternate code
1518	enforcement system thatwhichgives code enforcement boards or
1519	special magistratesmastersdesignated by the local governing
1520	body, or both, the authority to hold hearings and assess fines
1521	against violators of the respective county or municipal codes
1522	and ordinances. A special magistratemastershall have the same
1523	status as an enforcement board under this chapter. References in
1524	this chapter to an enforcement board, except in s. 162.05, shall
1525	include a special magistratemasterif the context permits.
1526	Section 64. Subsection (5) of section 162.06, Florida
1527	Statutes, is amended to read:
1528	162.06 Enforcement procedure.--
1529	(5) If the owner of property thatwhichis subject to an
1530	enforcement proceeding before an enforcement board, special
1531	magistratemaster, or court transfers ownership of such property
1532	between the time the initial pleading was served and the time of
1533	the hearing, such owner shall:
1534	(a) Disclose, in writing, the existence and the nature of
1535	the proceeding to the prospective transferee.
1536	(b) Deliver to the prospective transferee a copy of the
1537	pleadings, notices, and other materials relating to the code
1538	enforcement proceeding received by the transferor.
1539	(c) Disclose, in writing, to the prospective transferee
1540	that the new owner will be responsible for compliance with the
1541	applicable code and with orders issued in the code enforcement
1542	proceeding.
1543	(d) File a notice with the code enforcement official of
1544	the transfer of the property, with the identity and address of
1545	the new owner and copies of the disclosures made to the new
1546	owner, within 5 days after the date of the transfer.
1547
1548
1549	A failure to make the disclosures described in paragraphs (a),
1550	(b), and (c) before the transfer creates a rebuttable
1551	presumption of fraud. If the property is transferred before the
1552	hearing, the proceeding shall not be dismissed, but the new
1553	owner shall be provided a reasonable period of time to correct
1554	the violation before the hearing is held.
1555	Section 65. Paragraph (d) of subsection (2) of section
1556	162.09, Florida Statutes, is amended to read:
1557	162.09 Administrative fines; costs of repair; liens.--
1558	(2)
1559	(d) A county or a municipality having a population equal
1560	to or greater than 50,000 may adopt, by a vote of at least a
1561	majority plus one of the entire governing body of the county or
1562	municipality, an ordinance that gives code enforcement boards or
1563	special magistratesmasters, or both, authority to impose fines
1564	in excess of the limits set forth in paragraph(a). Such fines
1565	shall not exceed $1,000 per day per violation for a first
1566	violation, $5,000 per day per violation for a repeat violation,
1567	and up to $15,000 per violation if the code enforcement board or
1568	special magistratemasterfinds the violation to be irreparable
1569	or irreversible in nature. In addition to such fines, a code
1570	enforcement board or special magistratemastermay impose
1571	additional fines to cover all costs incurred by the local
1572	government in enforcing its codes and all costs of repairs
1573	pursuant to subsection (1). Any ordinance imposing such fines
1574	shall include criteria to be considered by the code enforcement
1575	board or special magistratemasterin determining the amount of
1576	the fines, including, but not limited to, those factors set
1577	forth in paragraph (b).
1578	Section 66. Section 173.09, Florida Statutes, is amended
1579	to read:
1580	173.09 Judgment for complainant; special magistrate's
1581	master'ssale; complainant may purchase and later sell.--
1582	(1) Any such decree shall direct the special magistrate
1583	masterthereby appointed to sell the several parcels of land
1584	separately to the highest and best bidder for cash (or, at the
1585	option of complainant, to the extent of special assessments
1586	included in such judgment, for bonds or interest coupons issued
1587	by complainant), at public outcry at the courthouse door of the
1588	county in which such suit is pending, or at such point or place
1589	in the complainant municipality as the court in such final
1590	decree may direct, after having advertised such sale (which
1591	advertisement may include all lands so ordered sold) once each
1592	week for 2 consecutive weeks in some newspaper published in the
1593	municipalitycity or town in which is the complainant arose or,
1594	if there isno such newspaper, in a newspaper published in the
1595	county in which the suit is pending, and if all the lands so
1596	advertised for sale be not sold on the day specified in such
1597	advertisement, such sale shall be continued from day to day
1598	until the sale of all such land is completed.
1599	(2) Such sales shall be subject to confirmation by the
1600	court, and thesaid special magistratemastershall, upon
1601	confirmation of the sale or sales, deliver to the purchaser or
1602	purchasers at said sale a deed of conveyance of the property so
1603	sold; provided, however, that in any case where any lands are
1604	offered for sale by the special magistratemasterand the sum of
1605	the tax, tax certificates and special assessments, interest,
1606	penalty, costs,and attorney's fee is not bid for the same, the
1607	complainant may bid the whole amount due and the special
1608	magistratemastershall thereupon convey such parcel or parcels
1609	of land to the complainant.
1610	(3) The property so bid in by complainant shall become its
1611	property in fee simple and may be disposed of by it in the
1612	manner provided by law, except that in the sale or disposition
1613	of any such lands the municipalitycity or townmay, in its
1614	discretion, accept in payment or part payment therefor any bonds
1615	or interest coupons constituting liabilities of the municipality
1616	said city or town.
1617	Section 67. Section 173.10, Florida Statutes, is amended
1618	to read:
1619	173.10 Judgment for complainant; court may order payment
1620	of other taxes or sale subject to taxes; special magistrate's
1621	master'sconveyances.--
1622	(1) In the judgment or decree the court may, in its
1623	discretion, direct the payment of all unpaid state and county
1624	taxes and also all unpaid municipalcity or towntaxes and
1625	special assessments or installments thereof, imposed or falling
1626	due since the institution of the suit, with the penalties and
1627	costs, out of the proceeds of such foreclosure sale, or it may
1628	order and direct such sale or sales to be made subject to such
1629	state,and county, and municipalcity or towntaxes and special
1630	assessments.
1631	(2) Any and all conveyances by the special magistrate
1632	mastershall vest in the purchaser the fee simple title to the
1633	property so sold, subject only to such liens for state and
1634	county taxes or taxing districts whose liens are of equal
1635	dignity, and liens for municipal taxes and special assessments,
1636	or installments thereof, as are not directed by the decree of
1637	sale to be paid out of the proceeds of said sale.
1638	Section 68. Section 173.11, Florida Statutes, is amended
1639	to read:
1640	173.11 Distribution of proceeds of sale.--The proceeds of
1641	any foreclosure sale authorized by this chapter shall be
1642	distributed by the special magistratemasterconducting the sale
1643	according to the final decree,and if any surplus remains after
1644	the payment of the full amount of the decree, costs and
1645	attorney's fees, and any subsequent tax liens thatwhichmay be
1646	directed by such decree to be paid from the proceeds of sale,
1647	such surplus shall be deposited with the clerk of the court and
1648	disbursed under order of the court.
1649	Section 69. Section 173.12, Florida Statutes, is amended
1650	to read:
1651	173.12 Lands may be redeemed prior to sale.--Any person
1652	interested in any lands included in the suit may redeem such
1653	lands at any time prior to the sale thereof by the special
1654	magistratemasterby paying into the registry of the court the
1655	amount due for delinquent taxes, interest and penalties thereon,
1656	and such proportionate part of the expense, attorney's fees,and
1657	costs of suit as may have been fixed by the court in its decree
1658	of sale, or by written stipulation of complainant, and thereupon
1659	such lands shall be dismissed from the cause.
1660	Section 70. Subsection (1) of section 194.013, Florida
1661	Statutes, is amended to read:
1662	194.013 Filing fees for petitions; disposition; waiver.--
1663	(1) If so required by resolution of the value adjustment
1664	board, a petition filed pursuant to s. 194.011 shall be
1665	accompanied by a filing fee to be paid to the clerk of the value
1666	adjustment board in an amount determined by the board not to
1667	exceed $15 for each separate parcel of property, real or
1668	personal, covered by the petition and subject to appeal.
1669	However, no such filing fee may be required with respect to an
1670	appeal from the disapproval of homestead exemption under s.
1671	196.151 or from the denial of tax deferral under s. 197.253.
1672	Only a single filing fee shall be charged under this section as
1673	to any particular parcel of property despite the existence of
1674	multiple issues and hearings pertaining to such parcel. For
1675	joint petitions filed pursuant to s. 194.011(3)(e) or (f), a
1676	single filing fee shall be charged. Such fee shall be calculated
1677	as the cost of the special magistratemasterfor the time
1678	involved in hearing the joint petition and shall not exceed $5
1679	per parcel. Said fee is to be proportionately paid by affected
1680	parcel owners.
1681	Section 71. Paragraph (d) of subsection (1) and
1682	subsections (2) and (6) of section 194.034, Florida Statutes,
1683	are amended to read:
1684	194.034 Hearing procedures; rules.--
1685	(1)
1686	(d) Notwithstanding the provisions of this subsection, no
1687	petitioner may present for consideration, nor may a board or
1688	special magistratemasteraccept for consideration, testimony or
1689	other evidentiary materials that were requested of the
1690	petitioner in writing by the property appraiser of which the
1691	petitioner had knowledge and denied to the property appraiser.
1692	(2) In each case, except when a complaint is withdrawn by
1693	the petitioner or is acknowledged as correct by the property
1694	appraiser, the value adjustment board shall render a written
1695	decision. All such decisions shall be issued within 20 calendar
1696	days afterofthe last day the board is in session under s.
1697	194.032. The decision of the board shall contain findings of
1698	fact and conclusions of law and shall include reasons for
1699	upholding or overturning the determination of the property
1700	appraiser. When a special magistratemasterhas been appointed,
1701	the recommendations of the special magistratemastershall be
1702	considered by the board. The clerk, upon issuance of the
1703	decisions, shall, on a form provided by the Department of
1704	Revenue, notify by first-class mail each taxpayer, the property
1705	appraiser, and the department of the decision of the board.
1706	(6) For purposes of hearing joint petitions filed pursuant
1707	to s. 194.011(3)(e), each included parcel shall be considered by
1708	the board as a separate petition. Such separate petitions shall
1709	be heard consecutively by the board. If a special magistrate
1710	masteris appointed, such separate petitions shall all be
1711	assigned to the same special magistratemaster.
1712	Section 72. Section 194.035, Florida Statutes, is amended
1713	to read:
1714	194.035 Special magistratesmasters; property
1715	evaluators.--
1716	(1) In counties having a population of more than 75,000,
1717	the board shall appoint special magistratesmastersfor the
1718	purpose of taking testimony and making recommendations to the
1719	board, which recommendations the board may act upon without
1720	further hearing. TheseSuch special magistratesmastersmay not
1721	be elected or appointed officials or employees of the county but
1722	shall be selected from a list of those qualified individuals who
1723	are willing to serve as special magistratesmasters. Employees
1724	and elected or appointed officials of a taxing jurisdiction or
1725	of the state may not serve as special magistratesmasters. The
1726	clerk of the board shall annually notify such individuals or
1727	their professional associations to make known to them that
1728	opportunities to serve as special magistratesmastersexist. The
1729	Department of Revenue shall provide a list of qualified special
1730	magistratesmastersto any county with a population of 75,000 or
1731	less. Subject to appropriation, the department shall reimburse
1732	counties with a population of 75,000 or less for payments made
1733	to special magistratesmastersappointed for the purpose of
1734	taking testimony and making recommendations to the value
1735	adjustment board pursuant to this section. The department shall
1736	establish a reasonable range for payments per case to special
1737	magistratesmastersbased on such payments in other counties.
1738	Requests for reimbursement of payments outside this range shall
1739	be justified by the county. If the total of all requests for
1740	reimbursement in any year exceeds the amount available pursuant
1741	to this section, payments to all counties shall be prorated
1742	accordingly. A special magistratemasterappointed to hear
1743	issues of exemptions and classifications shall be a member of
1744	The Florida Bar with no less than 5 years' experience in the
1745	area of ad valorem taxation. A special magistratemaster
1746	appointed to hear issues regarding the valuation of real estate
1747	shall be a state certified real estate appraiser with not less
1748	than 5 years' experience in real property valuation. A special
1749	magistratemasterappointed to hear issues regarding the
1750	valuation of tangible personal property shall be a designated
1751	member of a nationally recognized appraiser's organization with
1752	not less than 5 years' experience in tangible personal property
1753	valuation. A special magistratemasterneed not be a resident of
1754	the county in which he or she serves. ANo special magistrate
1755	may notmaster shall be permitted torepresent a person before
1756	the board in any tax year during which he or she has served that
1757	board as a special magistratemaster. The board shall appoint
1758	special magistratessuch mastersfrom the list so compiled prior
1759	to convening of the board. The expense of hearings before
1760	special magistratesmasters and any compensation of special
1761	magistratesmastersshall be borne three-fifths by the board of
1762	county commissioners and two-fifths by the school board.
1763	(2) The value adjustment board of each county may employ
1764	qualified property appraisers or evaluators to appear before the
1765	value adjustment board at that meeting of the board which is
1766	held for the purpose of hearing complaints. Such property
1767	appraisers or evaluators shall present testimony as to the just
1768	value of any property the value of which is contested before the
1769	board and shall submit to examination by the board, the
1770	taxpayer, and the property appraiser.
1771	Section 73. Section 206.16, Florida Statutes, is amended
1772	to read:
1773	206.16 Officer selling property.--
1774	(1) No sheriff, receiver, assignee, general or special
1775	magistratemaster, or other officer shall sell the property or
1776	franchise of any person for failure to pay fuel taxes,
1777	penalties, or interest without first filing with the department
1778	a statement containing the following information:
1779	(a) The name of the plaintiff or party at whose instance
1780	or upon whose account the sale is made;
1781	(b) The name of the person whose property or franchise is
1782	to be sold;
1783	(c) The time and place of sale; and
1784	(d) The nature of the property and the location of the
1785	same.
1786	(2) The department, after receiving notice as aforesaid,
1787	shall furnish to the sheriff, receiver, trustee, assignee,
1788	general or special magistratemaster, or other officer having
1789	charge of the sale a certified copy or copies of all fuel taxes,
1790	penalties, and interest on file in the office of the department
1791	as liens against such person, and, in the event there are no
1792	such liens, a certificate showing that fact, which certified
1793	copies or copy of certificate shall be publicly read by such
1794	officer at and immediately before the sale of the property or
1795	franchise of such person.
1796	Section 74. Section 207.016, Florida Statutes, is amended
1797	to read:
1798	207.016 Officer's sale of property or franchise.--
1799	(1) No sheriff, receiver, assignee, general or special
1800	magistratemaster, or other officer shall sell the property or
1801	franchise of any person for failure to pay taxes, penalties, or
1802	interest without first filing with the department a statement
1803	containing the following information:
1804	(a) The name of the plaintiff or party at whose instance
1805	or upon whose account the sale is made.
1806	(b) The name of the person whose property or franchise is
1807	to be sold.
1808	(c) The time and place of sale.
1809	(d) The nature of the property and the location of the
1810	same.
1811	(2) The department, after receiving notice as provided in
1812	subsection (1), shall furnish to the sheriff, receiver, trustee,
1813	assignee, general or special magistratemaster, or other officer
1814	having charge of the sale a certified copy or copies of all
1815	taxes, penalties, and interest on file in the office of the
1816	department as liens against such person and, in the event there
1817	are no such liens, a certificate showing that fact, which
1818	certified copy or copies of certificate shall be publicly read
1819	by such officer at and immediately before the sale of the
1820	property or franchise of such person.
1821	Section 75. Section 320.411, Florida Statutes, is amended
1822	to read:
1823	320.411 Officer's sale of property or franchise.--
1824	(1) No sheriff, receiver, assignee, general or special
1825	magistratemaster, or other officer shall sell the property or
1826	franchise of any motor carrier for failure to pay taxes,
1827	penalties, or interest without first filing with the department
1828	a statement containing the following information:
1829	(a) The name of the plaintiff or party at whose instance
1830	or upon whose account the sale is made.
1831	(b) The name of the motor carrier whose property or
1832	franchise is to be sold.
1833	(c) The time and place of sale.
1834	(d) The nature of the property and the location of the
1835	same.
1836	(2) The department, after receiving notice as provided in
1837	subsection (1), shall furnish to the sheriff, receiver, trustee,
1838	assignee, general or special magistratemaster, or other officer
1839	having charge of the sale a certified copy of all taxes,
1840	penalties, and interest on file in the office of the department
1841	as liens against such motor carrier and, in the event there are
1842	no such liens, a certificate showing that fact, which certified
1843	copy or copies of certificate shall be publicly read by such
1844	officer at and immediately before the sale of the property or
1845	franchise of such motor carrier.
1846	Section 76. Subsection (7) of section 393.11, Florida
1847	Statutes, is amended to read:
1848	393.11 Involuntary admission to residential services.--
1849	(7) HEARING.--
1850	(a) The hearing for involuntary admission shall be
1851	conducted, and the order shall be entered, in the county in
1852	which the person is residing or be as convenient to the person
1853	as may be consistent with orderly procedure. The hearing shall
1854	be conducted in a physical setting not likely to be injurious to
1855	the person's condition.
1856	(b) A hearing on the petition shall be held as soon as
1857	practicable after the petition is filed, but reasonable delay
1858	for the purpose of investigation, discovery, or procuring
1859	counsel or witnesses shall be granted.
1860	(c) The court may appoint a general or special magistrate
1861	master to preside. Except as otherwise specified, the
1862	magistrate'smaster'sproceeding shall be governed by Rule
1863	1.490, Florida Rules of Civil Procedure.
1864	(d) The person with mental retardation shall be physically
1865	present throughout the entire proceeding. If the person's
1866	attorney believes that the person's presence at the hearing is
1867	not in the person's best interest, the person's presence may be
1868	waived once the court has seen the person and the hearing has
1869	commenced.
1870	(e) The person shall have the right to present evidence
1871	and to cross-examine all witnesses and other evidence alleging
1872	the appropriateness of the person's admission to residential
1873	care. Other relevant and material evidence regarding the
1874	appropriateness of the person's admission to residential
1875	services; the most appropriate, least restrictive residential
1876	placement; and the appropriate care, treatment, and habilitation
1877	of the person, including written or oral reports, may be
1878	introduced at the hearing by any interested person.
1879	(f) The petitioning commission may be represented by
1880	counsel at the hearing. The petitioning commission shall have
1881	the right to call witnesses, present evidence, cross-examine
1882	witnesses, and present argument on behalf of the petitioning
1883	commission.
1884	(g) All evidence shall be presented according to chapter
1885	90. The burden of proof shall be on the party alleging the
1886	appropriateness of the person's admission to residential
1887	services. The burden of proof shall be by clear and convincing
1888	evidence.
1889	(h) All stages of each proceeding shall be
1890	stenographically reported.
1891	Section 77. Subsections (6) and (7) of section 394.467,
1892	Florida Statutes, are amended to read:
1893	394.467 Involuntary placement.--
1894	(6) HEARING ON INVOLUNTARY PLACEMENT.--
1895	(a)1. The court shall hold the hearing on involuntary
1896	placement within 5 days, unless a continuance is granted. The
1897	hearing shall be held in the county where the patient is located
1898	and shall be as convenient to the patient as may be consistent
1899	with orderly procedure and shall be conducted in physical
1900	settings not likely to be injurious to the patient's condition.
1901	If the court finds that the patient's attendance at the hearing
1902	is not consistent with the best interests of the patient, and
1903	the patient's counsel does not object, the court may waive the
1904	presence of the patient from all or any portion of the hearing.
1905	The state attorney for the circuit in which the patient is
1906	located shall represent the state, rather than the petitioning
1907	facility administrator, as the real party in interest in the
1908	proceeding.
1909	2. The court may appoint a general or special magistrate
1910	masterto preside at the hearing. One of the professionals who
1911	executed the involuntary placement certificate shall be a
1912	witness. The patient and the patient's guardian or
1913	representative shall be informed by the court of the right to an
1914	independent expert examination. If the patient cannot afford
1915	such an examination, the court shall provide for one. The
1916	independent expert's report shall be confidential and not
1917	discoverable, unless the expert is to be called as a witness for
1918	the patient at the hearing. The testimony in the hearing must be
1919	given under oath, and the proceedings must be recorded. The
1920	patient may refuse to testify at the hearing.
1921	(b) If the court concludes that the patient meets the
1922	criteria for involuntary placement, it shall order that the
1923	patient be transferred to a treatment facility or, if the
1924	patient is at a treatment facility, that the patient be retained
1925	there or be treated at any other appropriate receiving or
1926	treatment facility, or that the patient receive services from a
1927	receiving or treatment facility, on an involuntary basis, for a
1928	period of up to 6 months. The order shall specify the nature and
1929	extent of the patient's mental illness. The facility shall
1930	discharge a patient any time the patient no longer meets the
1931	criteria for involuntary placement, unless the patient has
1932	transferred to voluntary status.
1933	(c) If at any time prior to the conclusion of the hearing
1934	on involuntary placement it appears to the court that the person
1935	does not meet the criteria for involuntary placement under this
1936	chapter, but instead meets the criteria for involuntary
1937	assessment, protective custody, or involuntary admission
1938	pursuant to s. 397.675, then the court may order the person to
1939	be admitted for involuntary assessment for a period of 5 days
1940	pursuant to s. 397.6811. Thereafter, all proceedings shall be
1941	governed by chapter 397.
1942	(d) At the hearing on involuntary placement, the court
1943	shall consider testimony and evidence regarding the patient's
1944	competence to consent to treatment. If the court finds that the
1945	patient is incompetent to consent to treatment, it shall appoint
1946	a guardian advocate as provided in s. 394.4598.
1947	(e) The administrator of the receiving facility shall
1948	provide a copy of the court order and adequate documentation of
1949	a patient's mental illness to the administrator of a treatment
1950	facility whenever a patient is ordered for involuntary
1951	placement, whether by civil or criminal court. Such
1952	documentation shall include any advance directives made by the
1953	patient, a psychiatric evaluation of the patient, and any
1954	evaluations of the patient performed by a clinical psychologist
1955	or a clinical social worker. The administrator of a treatment
1956	facility may refuse admission to any patient directed to its
1957	facilities on an involuntary basis, whether by civil or criminal
1958	court order, who is not accompanied at the same time by adequate
1959	orders and documentation.
1960	(7) PROCEDURE FOR CONTINUED INVOLUNTARY PLACEMENT.--
1961	(a) Hearings on petitions for continued involuntary
1962	placement shall be administrative hearings and shall be
1963	conducted in accordance with the provisions of s. 120.57(1),
1964	except that any order entered by the administrative law judge
1965	hearing officershall be final and subject to judicial review in
1966	accordance with s. 120.68. Orders concerning patients committed
1967	after successfully pleading not guilty by reason of insanity
1968	shall be governed by the provisions of s. 916.15.
1969	(b) If the patient continues to meet the criteria for
1970	involuntary placement, the administrator shall, prior to the
1971	expiration of the period during which the treatment facility is
1972	authorized to retain the patient, file a petition requesting
1973	authorization for continued involuntary placement. The request
1974	shall be accompanied by a statement from the patient's physician
1975	or clinical psychologist justifying the request, a brief
1976	description of the patient's treatment during the time he or she
1977	was involuntarily placed, and an individualized plan of
1978	continued treatment. Notice of the hearing shall be provided as
1979	set forth in s. 394.4599. If at the hearing the administrative
1980	law judgehearing officerfinds that attendance at the hearing
1981	is not consistent with the best interests of the patient, the
1982	administrative law judgehearing officermay waive the presence
1983	of the patient from all or any portion of the hearing, unless
1984	the patient, through counsel, objects to the waiver of presence.
1985	The testimony in the hearing must be under oath, and the
1986	proceedings must be recorded.
1987	(c) Unless the patient is otherwise represented or is
1988	ineligible, he or she shall be represented at the hearing on the
1989	petition for continued involuntary placement by the public
1990	defender of the circuit in which the facility is located.
1991	(d) If at a hearing it is shown that the patient continues
1992	to meet the criteria for involuntary placement, the
1993	administrative law judge shall sign the order for continued
1994	involuntary placement for a period not to exceed 6 months. The
1995	same procedure shall be repeated prior to the expiration of each
1996	additional period the patient is retained.
1997	(e) If continued involuntary placement is necessary for a
1998	patient admitted while serving a criminal sentence, but whose
1999	sentence is about to expire, or for a patient involuntarily
2000	placed while a minor but who is about to reach the age of 18,
2001	the administrator shall petition the administrative law judge
2002	for an order authorizing continued involuntary placement.
2003	(f) If the patient has been previously found incompetent
2004	to consent to treatment, the administrative law judgehearing
2005	officershall consider testimony and evidence regarding the
2006	patient's competence. If the administrative law judgehearing
2007	officerfinds evidence that the patient is now competent to
2008	consent to treatment, the administrative law judgehearing
2009	officermay issue a recommended order to the court that found
2010	the patient incompetent to consent to treatment that the
2011	patient's competence be restored and that any guardian advocate
2012	previously appointed be discharged.
2013	Section 78. Subsection (7) of section 397.311, Florida
2014	Statutes, is amended to read:
2015	397.311 Definitions.--As used in this chapter, except part
2016	VIII:
2017	(7) "Court" means, with respect to all involuntary
2018	proceedings under this chapter, the circuit court of the county
2019	in which the judicial proceeding is pending or where the
2020	substance abuse impaired person resides or is located, and
2021	includes any general or special magistratemasterthat may be
2022	appointed by the chief judge to preside over all or part of such
2023	proceeding. Otherwise, "court" refers to the court of legal
2024	jurisdiction in the context in which the term is used in this
2025	chapter.
2026	Section 79. Subsection (1) of section 397.681, Florida
2027	Statutes, is amended to read:
2028	397.681 Involuntary petitions; general provisions; court
2029	jurisdiction and right to counsel.--
2030	(1) JURISDICTION.--The courts have jurisdiction of
2031	involuntary assessment and stabilization petitions and
2032	involuntary treatment petitions for substance abuse impaired
2033	persons, and such petitions must be filed with the clerk of the
2034	court in the county where the person is located. The chief
2035	judge may appoint a general or special magistratemasterto
2036	preside over all or part of the proceedings. The alleged
2037	impaired person is named as the respondent.
2038	Section 80. Subsection (5) of section 447.207, Florida
2039	Statutes, is amended to read:
2040	447.207 Commission; powers and duties.--
2041	(5) The commission shall adopt rules as to the
2042	qualifications of persons who may serve as mediators and special
2043	magistratesmastersand shall maintain lists of such qualified
2044	persons who are not employees of the commission. The commission
2045	may initiate dispute resolution procedures by special
2046	magistratesmasters, pursuant to the provisions of this part.
2047	Section 81. Subsections (2), (3), and (4) of section
2048	447.403, Florida Statutes, are amended to read:
2049	447.403 Resolution of impasses.--
2050	(2)(a) If no mediator is appointed, or upon the request of
2051	either party, the commission shall appoint, and submit all
2052	unresolved issues to, a special magistratemasteracceptable to
2053	both parties. If the parties are unable to agree on the
2054	appointment of a special magistratemaster, the commission shall
2055	appoint, in its discretion, a qualified special magistrate
2056	master. However, if the parties agree in writing to waive the
2057	appointment of a special magistratemaster, the parties may
2058	proceed directly to resolution of the impasse by the legislative
2059	body pursuant to paragraph (4)(d). Nothing in this section
2060	precludes the parties from using the services of a mediator at
2061	any time during the conduct of collective bargaining.
2062	(b) If the Governor is the public employer, no special
2063	magistratemastershall be appointed. The parties may proceed
2064	directly to the Legislature for resolution of the impasse
2065	pursuant to paragraph (4)(d).
2066	(3) The special magistratemastershall hold hearings in
2067	order to define the area or areas of dispute, to determine facts
2068	relating to the dispute, and to render a decision on any and all
2069	unresolved contract issues. The hearings shall be held at
2070	times, dates, and places to be established by the special
2071	magistratemasterin accordance with rules promulgated by the
2072	commission. The special magistratemastershall be empowered to
2073	administer oaths and issue subpoenas on behalf of the parties to
2074	the dispute or on his or her own behalf. Within 15 calendar
2075	days after the close of the final hearing, the special
2076	magistratemastershall transmit his or her recommended decision
2077	to the commission and to the representatives of both parties by
2078	registered mail, return receipt requested. Such recommended
2079	decision shall be discussed by the parties, and each
2080	recommendation of the special magistratemastershall be deemed
2081	approved by both parties unless specifically rejected by either
2082	party by written notice filed with the commission within 20
2083	calendar days after the date the party received the special
2084	magistrate'smaster'srecommended decision. The written notice
2085	shall include a statement of the cause for each rejection and
2086	shall be served upon the other party.
2087	(4) If the public employer or the employee organization
2088	does not accept, in whole or in part, the recommended decision
2089	of the special magistratemaster:
2090	(a) The chief executive officer of the governmental entity
2091	involved shall, within 10 days after rejection of a
2092	recommendation of the special magistratemaster, submit to the
2093	legislative body of the governmental entity involved a copy of
2094	the findings of fact and recommended decision of the special
2095	magistratemaster, together with the chief executive officer's
2096	recommendations for settling the disputed impasse issues. The
2097	chief executive officer shall also transmit his or her
2098	recommendations to the employee organization;
2099	(b) The employee organization shall submit its
2100	recommendations for settling the disputed impasse issues to such
2101	legislative body and to the chief executive officer;
2102	(c) The legislative body or a duly authorized committee
2103	thereof shall forthwith conduct a public hearing at which the
2104	parties shall be required to explain their positions with
2105	respect to the rejected recommendations of the special
2106	magistratemaster;
2107	(d) Thereafter, the legislative body shall take such
2108	action as it deems to be in the public interest, including the
2109	interest of the public employees involved, to resolve all
2110	disputed impasse issues; and
2111	(e) Following the resolution of the disputed impasse
2112	issues by the legislative body, the parties shall reduce to
2113	writing an agreement which includes those issues agreed to by
2114	the parties and those disputed impasse issues resolved by the
2115	legislative body's action taken pursuant to paragraph(d). The
2116	agreement shall be signed by the chief executive officer and the
2117	bargaining agent and shall be submitted to the public employer
2118	and to the public employees who are members of the bargaining
2119	unit for ratification. If such agreement is not ratified by all
2120	parties, pursuant to the provisions of s. 447.309, the
2121	legislative body's action taken pursuant to the provisions of
2122	paragraph (d) shall take effect as of the date of such
2123	legislative body's action for the remainder of the first fiscal
2124	year which was the subject of negotiations; however, the
2125	legislative body's action shall not take effect with respect to
2126	those disputed impasse issues which establish the language of
2127	contractual provisions which could have no effect in the absence
2128	of a ratified agreement, including, but not limited to,
2129	preambles, recognition clauses, and duration clauses.
2130	Section 82. Section 447.405, Florida Statutes, is amended
2131	to read:
2132	447.405 Factors to be considered by the special magistrate
2133	master.--The special magistratemastershall conduct the
2134	hearings and render recommended decisions with the objective of
2135	achieving a prompt, peaceful, and just settlement of disputes
2136	between the public employee organizations and the public
2137	employers. The factors, among others, to be given weight by the
2138	special magistratemasterin arriving at a recommended decision
2139	shall include:
2140	(1) Comparison of the annual income of employment of the
2141	public employees in question with the annual income of
2142	employment maintained for the same or similar work of employees
2143	exhibiting like or similar skills under the same or similar
2144	working conditions in the local operating area involved.
2145	(2) Comparison of the annual income of employment of the
2146	public employees in question with the annual income of
2147	employment of public employees in similar public employee
2148	governmental bodies of comparable size within the state.
2149	(3) The interest and welfare of the public.
2150	(4) Comparison of peculiarities of employment in regard to
2151	other trades or professions, specifically with respect to:
2152	(a) Hazards of employment.
2153	(b) Physical qualifications.
2154	(c) Educational qualifications.
2155	(d) Intellectual qualifications.
2156	(e) Job training and skills.
2157	(f) Retirement plans.
2158	(g) Sick leave.
2159	(h) Job security.
2160	(5) Availability of funds.
2161	Section 83. Section 447.407, Florida Statutes, is amended
2162	to read:
2163	447.407 Compensation of mediator and special magistrate
2164	master; expenses.--The compensation of the mediator and special
2165	magistratemaster, and all stenographic and other expenses,
2166	shall be borne equally by the parties.
2167	Section 84. Section 447.409, Florida Statutes, is amended
2168	to read:
2169	447.409 Records.--All records thatwhichare relevant to,
2170	or have a bearing upon, any issue or issues raised by the
2171	proceedings conducted by the special magistratemastershall be
2172	made available to the special magistratemasterby a request in
2173	writing to any of the parties to the impasse proceedings.
2174	Notice of such request mustshallbe furnished to all parties.
2175	Any such records thatwhich are made available to the special
2176	magistrate mustmaster shallalso be made available to any other
2177	party to the impasse proceedings, upon written request.
2178	Section 85. Subsections (1), (2), (3), (4), (5), and (6)
2179	of section 475.011, Florida Statutes, are amended to read:
2180	475.011 Exemptions.--This part does not apply to:
2181	(1) Any person acting as an attorney in fact for the
2182	purpose of the execution of contracts or conveyances only; as an
2183	attorney at law within the scope of her or his duties as such;
2184	as a certified public accountant, as defined in chapter 473,
2185	within the scope of her or his duties as such; as the personal
2186	representative, receiver, trustee, or general or special
2187	magistratemasterunder, or by virtue of, an appointment by will
2188	or by order of a court of competent jurisdiction; or as trustee
2189	under a deed of trust, or under a trust agreement, the ultimate
2190	purpose and intent whereof is charitable, is philanthropic, or
2191	provides for those having a natural right to the bounty of the
2192	donor or trustor.;
2193	(2) Any individual, corporation, partnership, trust, joint
2194	venture, or other entity which sells, exchanges, or leases its
2195	own real property; however, this exemption shall not be
2196	available if and to the extent that an agent, employee, or
2197	independent contractor paid a commission or other compensation
2198	strictly on a transactional basis is employed to make sales,
2199	exchanges, or leases to or with customers in the ordinary course
2200	of an owner's business of selling, exchanging, or leasing real
2201	property to the public.;
2202	(3) Any employee of a public utility, a rural electric
2203	cooperative, a railroad, or a state or local governmental agency
2204	who acts within the scope of her or his employment, for which no
2205	compensation in addition to the employee's salary is paid, to
2206	buy, sell, appraise, exchange, rent, auction, or lease any real
2207	property or any interest in real property for the use of her or
2208	his employer.;
2209	(4) Any salaried employee of an owner, or of a registered
2210	broker for an owner, of an apartment community who works in an
2211	onsite rental office of the apartment community in a leasing
2212	capacity.;
2213	(5) Any person employed for a salary as a manager of a
2214	condominium or cooperative apartment complex as a result of any
2215	activities or duties which the person may have in relation to
2216	the renting of individual units within such condominium or
2217	cooperative apartment complex if rentals arranged by the person
2218	are for periods no greater than 1 year.;
2219	(6) Any person, partnership, corporation, or other legal
2220	entity which, for another and for compensation or other valuable
2221	consideration, sells, offers to sell, advertises for sale, buys,
2222	offers to buy, or negotiates the sale or purchase of radio,
2223	television, or cable enterprises licensed and regulated by the
2224	Federal Communications Commission pursuant to the Communications
2225	Act of 1934. However, if the sale or purchase of the radio,
2226	television, or cable enterprise involves the sale or lease of
2227	land, buildings, fixtures, and all other improvements to the
2228	land, a broker or salesperson licensed under this chapter shall
2229	be retained for the portion of the transaction which includes
2230	the land, buildings, fixtures, and all other improvements to the
2231	land.; or
2232	Section 86. Paragraphs (d), (f), (g), (h), and (j) of
2233	subsection (5) of section 489.127, Florida Statutes, are amended
2234	to read:
2235	489.127 Prohibitions; penalties.--
2236	(5) Each county or municipality may, at its option,
2237	designate one or more of its code enforcement officers, as
2238	defined in chapter 162, to enforce, as set out in this
2239	subsection, the provisions of subsection (1) and s. 489.132(1)
2240	against persons who engage in activity for which a county or
2241	municipal certificate of competency or license or state
2242	certification or registration is required.
2243	(d) The act for which the citation is issued shall be
2244	ceased upon receipt of the citation; and the person charged with
2245	the violation shall elect either to correct the violation and
2246	pay the civil penalty in the manner indicated on the citation
2247	or, within 10 days afterofreceipt of the citation, exclusive
2248	of weekends and legal holidays, request an administrative
2249	hearing before the enforcement or licensing board or designated
2250	special magistratemasterto appeal the issuance of the citation
2251	by the code enforcement officer.
2252	1. Hearings shall be held before an enforcement or
2253	licensing board or designated special magistratemasteras
2254	established by s. 162.03(2), and such hearings shall be
2255	conducted pursuant to the requirements of ss. 162.07 and 162.08.
2256	2. Failure of a violator to appeal the decision of the
2257	code enforcement officer within the time period set forth in
2258	this paragraph shall constitute a waiver of the violator's right
2259	to an administrative hearing. A waiver of the right to an
2260	administrative hearing shall be deemed an admission of the
2261	violation, and penalties may be imposed accordingly.
2262	3. If the person issued the citation, or his or her
2263	designated representative, shows that the citation is invalid or
2264	that the violation has been corrected prior to appearing before
2265	the enforcement or licensing board or designated special
2266	magistratemaster, the enforcement or licensing board or
2267	designated special magistratemastermay dismiss the citation
2268	unless the violation is irreparable or irreversible.
2269	4. Each day a willful, knowing violation continues shall
2270	constitute a separate offense under the provisions of this
2271	subsection.
2272	(f) If the enforcement or licensing board or designated
2273	special magistratemasterfinds that a violation exists, the
2274	enforcement or licensing board or designated special magistrate
2275	mastermay order the violator to pay a civil penalty of not less
2276	than the amount set forth on the citation but not more than
2277	$1,000 per day for each violation. In determining the amount of
2278	the penalty, the enforcement or licensing board or designated
2279	special magistratemastershall consider the following factors:
2280	1. The gravity of the violation.
2281	2. Any actions taken by the violator to correct the
2282	violation.
2283	3. Any previous violations committed by the violator.
2284	(g) Upon written notification by the code enforcement
2285	officer that a violator had not contested the citation or paid
2286	the civil penalty within the timeframe allowed on the citation,
2287	or if a violation has not been corrected within the timeframe
2288	set forth on the notice of violation, the enforcement or
2289	licensing board or the designated special magistratemaster
2290	shall enter an order ordering the violator to pay the civil
2291	penalty set forth on the citation or notice of violation, and a
2292	hearing shall not be necessary for the issuance of such order.
2293	(h) A certified copy of an order imposing a civil penalty
2294	against an uncertified contractor may be recorded in the public
2295	records and thereafter shall constitute a lien against any real
2296	or personal property owned by the violator. Upon petition to
2297	the circuit court, such order may be enforced in the same manner
2298	as a court judgment by the sheriffs of this state, including a
2299	levy against personal property; however, such order shall not be
2300	deemed to be a court judgment except for enforcement purposes.
2301	A civil penalty imposed pursuant to this part shall continue to
2302	accrue until the violator comes into compliance or until
2303	judgment is rendered in a suit to foreclose on a lien filed
2304	pursuant to this subsection, whichever occurs first. After 3
2305	months followingfromthe filing of any such lien which remains
2306	unpaid, the enforcement board or licensing board or designated
2307	special magistratemastermay authorize the local governing
2308	body's attorney to foreclose on the lien. No lien created
2309	pursuant to the provisions of this part may be foreclosed on
2310	real property which is a homestead under s. 4, Art. X of the
2311	State Constitution.
2312	(j) An aggrieved party, including the local governing
2313	body, may appeal a final administrative order of an enforcement
2314	board or licensing board or designated special magistratemaster
2315	to the circuit court. Such an appeal shall not be a hearing de
2316	novo but shall be limited to appellate review of the record
2317	created before the enforcement board or licensing board or
2318	designated special magistratemaster. An appeal shall be filed
2319	within 30 days afterof theexecution of the order to be
2320	appealed.
2321	Section 87. Paragraphs (d), (f), (g), (h), and (j) of
2322	subsection (4) of section 489.531, Florida Statutes, are amended
2323	to read:
2324	489.531 Prohibitions; penalties.--
2325	(4)
2326	(d) The act for which the citation is issued shall be
2327	ceased upon receipt of the citation; and the person charged with
2328	the violation shall elect either to correct the violation and
2329	pay the civil penalty in the manner indicated on the citation
2330	or, within 10 days afterofreceipt of the citation, exclusive
2331	of weekends and legal holidays, request an administrative
2332	hearing before the enforcement or licensing board or designated
2333	special magistratemasterto appeal the issuance of the citation
2334	by the code enforcement officer.
2335	1. Hearings shall be held before an enforcement or
2336	licensing board or designated special magistratemasteras
2337	established by s. 162.03(2) and such hearings shall be conducted
2338	pursuant to ss. 162.07 and 162.08.
2339	2. Failure of a violator to appeal the decision of the
2340	code enforcement officer within the time period set forth in
2341	this paragraph shall constitute a waiver of the violator's right
2342	to an administrative hearing. A waiver of the right to
2343	administrative hearing shall be deemed an admission of the
2344	violation and penalties may be imposed accordingly.
2345	3. If the person issued the citation, or his or her
2346	designated representative, shows that the citation is invalid or
2347	that the violation has been corrected prior to appearing before
2348	the enforcement or licensing board or designated special
2349	magistratemaster, the enforcement or licensing board or
2350	designated special magistratemastershall dismiss the citation
2351	unless the violation is irreparable or irreversible.
2352	4. Each day a willful, knowing violation continues shall
2353	constitute a separate offense under the provisions of this
2354	subsection.
2355	(f) If the enforcement or licensing board or designated
2356	special magistratemasterfinds that a violation exists, the
2357	enforcement or licensing board or designated special magistrate
2358	mastermay order the violator to pay a civil penalty of not less
2359	than the amount set forth on the citation but not more than $500
2360	per day for each violation. In determining the amount of the
2361	penalty, the enforcement or licensing board or designated
2362	special magistratemastershall consider the following factors:
2363	1. The gravity of the violation.
2364	2. Any actions taken by the violator to correct the
2365	violation.
2366	3. Any previous violations committed by the violator.
2367	(g) Upon written notification by the code enforcement
2368	officer that a violator had not contested the citation or paid
2369	the civil penalty within the timeframe allowed on the citation,
2370	or if a violation has not been corrected within the timeframe
2371	set forth on the notice of violation, the enforcement or
2372	licensing board or the designated special magistratemaster
2373	shall enter an order ordering the violator to pay the civil
2374	penalty set forth on the citation or notice of violation, and a
2375	hearing shall not be necessary for the issuance of such order.
2376	(h) A certified copy of an order imposing a civil penalty
2377	against an uncertified contractor may be recorded in the public
2378	records and thereafter shall constitute a lien against any real
2379	or personal property owned by the violator. Upon petition to
2380	the circuit court, such order may be enforced in the same manner
2381	as a court judgment by the sheriffs of this state, including a
2382	levy against personal property; however, such order shall not be
2383	deemed to be a court judgment except for enforcement purposes.
2384	A civil penalty imposed pursuant to this part shall continue to
2385	accrue until the violator comes into compliance or until
2386	judgment is rendered in a suit to foreclose on a lien filed
2387	pursuant to this section, whichever occurs first. After 3
2388	months followingfromthe filing of any such lien which remains
2389	unpaid, the enforcement or licensing board or designated special
2390	magistratemastermay authorize the local governing body's
2391	attorney to foreclose on the lien. No lien created pursuant to
2392	the provisions of this part may be foreclosed on real property
2393	which is a homestead under s. 4, Art. X of the State
2394	Constitution.
2395	(j) An aggrieved party, including the local governing
2396	body, may appeal a final administrative order of an enforcement
2397	or licensing board or special designated special magistrate
2398	masterto the circuit court. Such an appeal shall not be a
2399	hearing de novo but shall be limited to appellate review of the
2400	record created before the enforcement or licensing board or
2401	designated special master. An appeal shall be filed within 30
2402	days of the execution of the order to be appealed.
2403	Section 88. Subsection (1) of section 496.420, Florida
2404	Statutes, is amended to read:
2405	496.420 Civil remedies and enforcement.--
2406	(1) In addition to other remedies authorized by law, the
2407	department may bring a civil action in circuit court to enforce
2408	ss. 496.401-496.424 or s. 496.426. Upon a finding that any
2409	person has violated any of these sections, a court may make any
2410	necessary order or enter a judgment including, but not limited
2411	to, a temporary or permanent injunction, a declaratory judgment,
2412	the appointment of a general or special magistratemasteror
2413	receiver, the sequestration of assets, the reimbursement of
2414	persons from whom contributions have been unlawfully solicited,
2415	the distribution of contributions in accordance with the
2416	charitable or sponsor purpose expressed in the registration
2417	statement or in accordance with the representations made to the
2418	person solicited, the reimbursement of the department for
2419	investigative costs, attorney's fees and costs, and any other
2420	equitable relief the court finds appropriate. Upon a finding
2421	that any person has violated any provision of ss. 496.401-
2422	496.424 or s. 496.426 with actual knowledge or knowledge fairly
2423	implied on the basis of objective circumstances, a court may
2424	enter an order imposing a civil penalty in an amount not to
2425	exceed $10,000 per violation.
2426	Section 89. Subsection (3) of section 501.207, Florida
2427	Statutes, is amended to read:
2428	501.207 Remedies of enforcing authority.--
2429	(3) Upon motion of the enforcing authority or any
2430	interested party in any action brought under subsection (1), the
2431	court may make appropriate orders, including, but not limited
2432	to, appointment of a general or special magistratemasteror
2433	receiver or sequestration or freezing of assets, to reimburse
2434	consumers or governmental entities found to have been damaged;
2435	to carry out a transaction in accordance with the reasonable
2436	expectations of consumers or governmental entities; to strike or
2437	limit the application of clauses of contracts to avoid an
2438	unconscionable result; to order any defendant to divest herself
2439	or himself of any interest in any enterprise, including real
2440	estate; to impose reasonable restrictions upon the future
2441	activities of any defendant to impede her or him from engaging
2442	in or establishing the same type of endeavor; to order the
2443	dissolution or reorganization of any enterprise; or to grant
2444	legal, equitable, or other appropriate relief. The court may
2445	assess the expenses of a general or special magistratemasteror
2446	receiver against a person who has violated, is violating, or is
2447	otherwise likely to violate this part. Any injunctive order,
2448	whether temporary or permanent, issued by the court shall be
2449	effective throughout the state unless otherwise provided in the
2450	order.
2451	Section 90. Section 501.618, Florida Statutes, is amended
2452	to read:
2453	501.618 General civil remedies.--The department may bring:
2454	(1) An action to obtain a declaratory judgment that an act
2455	or practice violates the provisions of this part.
2456	(2) An action to enjoin a person who has violated, is
2457	violating, or is otherwise likely to violate the provisions of
2458	this part.
2459	(3) An action on behalf of one or more purchasers for the
2460	actual damages caused by an act or practice performed in
2461	violation of the provisions of this part. Such an action may
2462	include, but is not limited to, an action to recover against a
2463	bond, letter of credit, or certificate of deposit as otherwise
2464	provided in this part.
2465
2466	Upon motion of the enforcing authority in any action brought
2467	under this section, the court may make appropriate orders,
2468	including appointment of a general or special magistratemaster
2469	or receiver or sequestration of assets, to reimburse consumers
2470	found to have been damaged, to carry out a consumer transaction
2471	in accordance with the consumer's reasonable expectations, or to
2472	grant other appropriate relief. The court may assess the
2473	expenses of a general or special magistratemasteror receiver
2474	against a commercial telephone seller. Any injunctive order,
2475	whether temporary or permanent, issued by the court shall be
2476	effective throughout the state unless otherwise provided in the
2477	order.
2478	Section 91. Subsection (6) of section 559.936, Florida
2479	Statutes, is amended to read:
2480	559.936 Civil penalties; remedies.--
2481	(6) Upon motion of the department in any action brought
2482	under this part, the court may make appropriate orders,
2483	including appointment of a general or special magistratemaster
2484	or receiver or sequestration of assets, to reimburse consumers
2485	found to have been damaged, to carry out a consumer transaction
2486	in accordance with the consumer's reasonable expectations, or to
2487	grant other appropriate relief.
2488	Section 92. Subsection (1) of section 582.23, Florida
2489	Statutes, is amended to read:
2490	582.23 Performance of work under the regulations by the
2491	supervisors.--
2492	(1) The supervisors may go upon any lands within the
2493	district to determine whether land use regulations adopted are
2494	being observed. Where the supervisors of any district shall
2495	find that any of the provisions of land use regulations adopted
2496	are not being observed on particular lands, and that such
2497	nonobservance tends to increase erosion on such lands and is
2498	interfering with the prevention or control of erosion on other
2499	lands within the district, the supervisors may present to the
2500	circuit court for the county or counties within which the lands
2501	of the defendant may lie, a petition, duly verified, setting
2502	forth the adoption of the land use regulations, the failure of
2503	the defendant landowner or occupier to observe such regulations,
2504	and to perform particular work, operations, or avoidances as
2505	required thereby, and that such nonobservance tends to increase
2506	erosion on such lands and is interfering with the prevention or
2507	control of erosion on other lands within the district, and
2508	praying the court to require the defendant to perform the work,
2509	operations, or avoidances within a reasonable time and to order
2510	that if the defendant shall fail so to perform the supervisors
2511	may go on the land, perform the work or other operations or
2512	otherwise bring the condition of such lands into conformity with
2513	the requirements of such regulations, and recover the costs and
2514	expenses thereof, with interest, from the owner of such land.
2515	Upon the presentation of such petition the court shall cause
2516	process to be issued against the defendant, and shall hear the
2517	case. If it shall appear to the court that testimony is
2518	necessary for the proper disposition of the matter, it may take
2519	evidence or appoint a special magistratemasterto take such
2520	evidence as it may direct and report the same to the court
2521	within her or his findings of fact and conclusions of law, which
2522	shall constitute a part of the proceedings upon which the
2523	determination of the court shall be made.
2524	Section 93. Subsection (2) of section 631.182, Florida
2525	Statutes, is amended to read:
2526	631.182 Receiver claims report and claimants objections
2527	procedure.--
2528	(2) At the hearing, any interested person is entitled to
2529	appear. The hearing shall not be de novo but shall be limited to
2530	the record as described in s. 631.181(2). The court shall enter
2531	an order allowing, allowing in part, or disallowing the claim.
2532	Any such order is deemed to be an appealable order. In the
2533	interests of judicial economy, the court may appoint a special
2534	magistratemasterto resolve objections or to perform any
2535	particular service required by the court. This subsection shall
2536	apply to receivership proceedings commencing prior to, or
2537	subsequent to, July 1, 1997.
2538	Section 94. Subsections (3) and (4) of section 631.331,
2539	Florida Statutes, are amended to read:
2540	631.331 Assessment prima facie correct; notice; payment;
2541	proceeding to collect.--
2542	(3) If any such member or subscriber fails to pay the
2543	assessment within the period specified in the notice, which
2544	period shall not be less than 20 days after mailing, the
2545	department may obtain an order in the delinquency proceeding
2546	requiring the member or subscriber to show cause at a time and
2547	place fixed by the court why judgment should not be entered
2548	against such member or subscriber for the amount of the
2549	assessment, together with all costs., andA copy of the order
2550	and a copy of the petition therefor shall be served upon the
2551	member or subscriber within the time and in the manner
2552	designated in the order.
2553	(4) If the subscriber or member after due service of a
2554	copy of the order and petition referred to in subsection (3) is
2555	made upon her or him:
2556	(a) Fails to appear at the time and place specified in the
2557	order, judgment shall be entered against her or him as prayed
2558	for in the petition; or
2559	(b) Appears in the manner and form required by law in
2560	response to the order, the court shall hear and determine the
2561	matter and enter a judgment in accordance with its decision. In
2562	the interests of judicial economy, the court may appoint a
2563	special magistratemasterto resolve objections or to perform
2564	any particular service required by the court. This paragraph
2565	shall apply to receivership proceedings commencing prior to, or
2566	subsequent to, July 1, 1997.
2567	Section 95. Subsection (2) of section 633.052, Florida
2568	Statutes, is amended to read:
2569	633.052 Ordinances relating to firesafety; definitions;
2570	penalties.--
2571	(2) A county or municipality thatwhichhas created a code
2572	enforcement board or special magistratemastersystem pursuant
2573	to chapter 162 may enforce firesafety code violations as
2574	provided in chapter 162. The governing body of a county or
2575	municipality which has not created a code enforcement board or
2576	special magistratemastersystem for firesafety under chapter
2577	162 is authorized to enact ordinances relating to firesafety
2578	codes, which ordinances shall provide:
2579	(a) That a violation of such an ordinance is a civil
2580	infraction.
2581	(b) A maximum civil penalty not to exceed $500.
2582	(c) A civil penalty of less than the maximum civil penalty
2583	if the person who has committed the civil infraction does not
2584	contest the citation.
2585	(d) For the issuance of a citation by an officer who has
2586	probable cause to believe that a person has committed a
2587	violation of an ordinance relating to firesafety.
2588	(e) For the contesting of a citation in the county court.
2589	(f) Such procedures and provisions necessary to implement
2590	any ordinances enacted under the authority of this section.
2591	Section 96. Subsection (2) of section 744.369, Florida
2592	Statutes, is amended to read:
2593	744.369 Judicial review of guardianship reports.--
2594	(2) The court may appoint general or special magistrate
2595	mastersto assist the court in its review function. The court
2596	may require the general or special magistratemasterto conduct
2597	random field audits.
2598	Section 97. Subsection (11) of section 760.11, Florida
2599	Statutes, is amended to read:
2600	760.11 Administrative and civil remedies; construction.--
2601	(11) If a complaint is within the jurisdiction of the
2602	commission, the commission shall simultaneously with its other
2603	statutory obligations attempt to eliminate or correct the
2604	alleged discrimination by informal methods of conference,
2605	conciliation, and persuasion. Nothing said or done in the
2606	course of such informal endeavors may be made public or used as
2607	evidence in a subsequent civil proceeding, trial, or hearing.
2608	The commission may initiate dispute resolution procedures,
2609	including voluntary arbitration, by special magistratesmasters
2610	or mediators. The commission may adopt rules as to the
2611	qualifications of persons who may serve as special magistrates
2612	mastersand mediators.
2613	Section 98. Subsection (1) of section 837.011, Florida
2614	Statutes, is amended to read:
2615	837.011 Definitions.--In this chapter, unless a different
2616	meaning plainly is required:
2617	(1) "Official proceeding" means a proceeding heard, or
2618	which may be or is required to be heard, before any legislative,
2619	judicial, administrative, or other governmental agency or
2620	official authorized to take evidence under oath, including any
2621	referee, general or special magistratemaster in chancery,
2622	administrative law judge, hearing officer, hearing examiner,
2623	commissioner, notary, or other person taking testimony or a
2624	deposition in connection with any such proceeding.
2625	Section 99. Subsection (4) of section 838.014, Florida
2626	Statutes, is amended to read:
2627	838.014 Definitions.--For the purposes of this chapter,
2628	unless a different meaning plainly is required:
2629	(4) "Public servant" means any public officer, agent, or
2630	employee of government, whether elected or appointed, including,
2631	but not limited to, any executive, legislative, or judicial
2632	officer; any person who holds an office or position in a
2633	political party or political party committee, whether elected or
2634	appointed; and any person participating as a general or special
2635	magistratemaster, receiver, auditor, juror, arbitrator, umpire,
2636	referee, consultant, administrative law judge, hearing officer,
2637	or hearing examiner, or person acting on behalf of any of these,
2638	in performing a governmental function; but the term does not
2639	include witnesses. Such term shall include a candidate for
2640	election or appointment to any such office, including any
2641	individual who seeks or intends to occupy any such office. It
2642	shall include any person appointed to any of the foregoing
2643	offices or employments before and after he or she qualifies.
2644	Section 100. Section 839.17, Florida Statutes, is amended
2645	to read:
2646	839.17 Misappropriation of moneys by commissioners to make
2647	sales.--Any commissioner or general or special magistratemaster
2648	in chancery, having received the purchase money or the
2649	securities resulting from any of the sales authorized by law,
2650	who shall fail to deliver such moneys and securities, or either
2651	of them, to the executor or administrator, or the person
2652	entitled to receive the same, upon the order of the court,
2653	unless she or he is rendered unable to do so by some cause not
2654	attributable to her or his own default or neglect, shall be
2655	fined in a sum equal to the amount received from the purchaser,
2656	and commitsshall be guilty ofa felony of the second degree,
2657	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2658	Section 101. Paragraph (a) of subsection (3) of section
2659	916.107, Florida Statutes, is amended to read:
2660	916.107 Rights of forensic clients.--
2661	(3) RIGHT TO EXPRESS AND INFORMED CONSENT.--
2662	(a) A client committed to the department pursuant to this
2663	act shall be asked to give express and informed written consent
2664	for treatment. If a client in a forensic facility refuses such
2665	treatment as is deemed necessary by the client's
2666	multidisciplinary treatment team at the forensic facility for
2667	the appropriate care of the client and the safety of the client
2668	or others, such treatment may be provided under the following
2669	circumstances:
2670	1. In an emergency situation in which there is immediate
2671	danger to the safety of the client or others, such treatment may
2672	be provided upon the written order of a physician for a period
2673	not to exceed 48 hours, excluding weekends and legal holidays.
2674	If, after the 48-hour period, the client has not given express
2675	and informed consent to the treatment initially refused, the
2676	administrator or designee of the forensic facility shall, within
2677	48 hours, excluding weekends and legal holidays, petition the
2678	committing court or the circuit court serving the county in
2679	which the facility is located, at the option of the facility
2680	administrator or designee, for an order authorizing the
2681	continued treatment of the client. In the interim, treatment
2682	may be continued without the consent of the client upon the
2683	continued written order of a physician who has determined that
2684	the emergency situation continues to present a danger to the
2685	safety of the client or others.
2686	2. In a situation other than an emergency situation, the
2687	administrator or designee of the forensic facility shall
2688	petition the court for an order authorizing the treatment to the
2689	client. The order shall allow such treatment for a period not
2690	to exceed 90 days from the date of the entry of the order.
2691	Unless the court is notified in writing that the client has
2692	provided express and informed consent in writing or that the
2693	client has been discharged by the committing court, the
2694	administrator or designee shall, prior to the expiration of the
2695	initial 90-day order, petition the court for an order
2696	authorizing the continuation of treatment for another 90-day
2697	period. This procedure shall be repeated until the client
2698	provides consent or is discharged by the committing court.
2699	3. At the hearing on the issue of whether the court should
2700	enter an order authorizing treatment for which a client has
2701	refused to give express and informed consent, the court shall
2702	determine by clear and convincing evidence that the client is
2703	mentally ill, retarded, or autistic as defined in this chapter,
2704	that the treatment not consented to is essential to the care of
2705	the client, and that the treatment not consented to is not
2706	experimental and does not present an unreasonable risk of
2707	serious, hazardous, or irreversible side effects. In arriving
2708	at the substitute judgment decision, the court must consider at
2709	least the following factors:
2710	a. The client's expressed preference regarding treatment;
2711	b. The probability of adverse side effects;
2712	c. The prognosis without treatment; and
2713	d. The prognosis with treatment.
2714
2715	The hearing shall be as convenient to the client as may be
2716	consistent with orderly procedure and shall be conducted in
2717	physical settings not likely to be injurious to the client's
2718	condition. The court may appoint a general or special magistrate
2719	masterto preside at the hearing. The client or the client's
2720	guardian, and the representative, shall be provided with a copy
2721	of the petition and the date, time, and location of the hearing.
2722	The client has the right to have an attorney represent him or
2723	her at the hearing, and, if the client is indigent, the court
2724	shall appoint the office of the public defender to represent the
2725	client at the hearing. The client may testify or not, as he or
2726	she chooses, and has the right to cross-examine witnesses and
2727	may present his or her own witnesses.
2728	Section 102. Subsection (11) of section 938.30, Florida
2729	Statutes, is amended to read:
2730	938.30 Court-imposed financial obligations in criminal
2731	cases; supplementary proceedings.--
2732	(11) The court may refer any proceeding under this section
2733	to a special magistratemasterwho shall report findings and
2734	make recommendations to the court. The court shall act on such
2735	recommendations within a reasonable amount of time.
2736	Section 103. Subsection (3) of section 945.43, Florida
2737	Statutes, is amended to read:
2738	945.43 Admission of inmate to mental health treatment
2739	facility.--
2740	(3) PROCEDURE FOR HEARING ON TRANSFER OF AN INMATE FOR
2741	MENTAL HEALTH TREATMENT.--If the inmate does not waive a hearing
2742	or if the inmate or the inmate's representative files a petition
2743	for a hearing after having waived it, the court shall serve
2744	notice on the warden of the facility where the inmate is
2745	confined, the director, and the allegedly mentally ill inmate.
2746	The notice shall specify the date, time, and place of the
2747	hearing; the basis for the allegation of mental illness; and the
2748	names of the examining experts. The hearing shall be held within
2749	5 days, and the court may appoint a general or special
2750	magistratemasterto preside. The hearing may be as informal as
2751	is consistent with orderly procedure. One of the experts whose
2752	opinion supported the recommendation shall be present at the
2753	hearing for information purposes. If, at the hearing, the court
2754	finds that the inmate is mentally ill and in need of care and
2755	treatment, it shall order that he or she be transferred to a
2756	mental health treatment facility and provided appropriate
2757	treatment. The court shall provide a copy of its order
2758	authorizing transfer and all supporting documentation relating
2759	to the inmate's condition to the warden of the treatment
2760	facility. If the court finds that the inmate is not mentally
2761	ill, it shall dismiss the petition for transfer.
2762
2763
2764	================= T I T L E A M E N D M E N T =================
2765	Remove line(s) 2, and insert:
2766	An act relating to the judicial system; amending ss.
2767	26.012, 27.06, 34.01, 48.20, 142.09, 316.635, 373.603,
2768	381.0012, 450.121, 560.306, 633.14, 648.44, 817.482,
2769	828.122, 832.05, 876.42, 893.12, 901.01, 901.02, 901.07,
2770	901.08, 901.09, 901.11, 901.12, 901.25, 902.15, 902.17,
2771	902.20, 902.21, 903.03, 903.32, 903.34, 914.22, 923.01,
2772	933.01, 933.06, 933.07, 933.10, 933.101, 933.13, 933.14,
2773	939.02, 939.14, 941.13, 941.14, 941.15, 941.17, 941.18,
2774	947.141, 948.06, 985.05, F.S., relating to various court
2775	procedures; redesignating "magistrates" as "trial court
2776	judges"; amending ss. 56.071, 56.29, 61.1826, 64.061,
2777	65.061, 69.051, 70.51, 92.142, 112.41, 112.43, 112.47,
2778	162.03, 162.06, 162.09, 173.09, 173.10, 173.11, 173.12,
2779	194.013, 194.034, 194.035, 206.16, 207.016, 320.411,
2780	393.11, 394.467, 397.311, 397.681, 447.207, 447.403,
2781	447.405, 447.407, 447.409, 475.011, 489.127, 489.531,
2782	496.420, 501.207, 501.618, 559.936, 582.23, 631.182,
2783	631.331, 633.052, 744.369, 760.11, 837.011, 838.014,
2784	839.17, 916.107, 938.30, 945.43, F.S., relating to
2785	various administrative and judicial proceedings;
2786	redesignating "masters" and "general or special masters"
2787	as "general or special magistrates"; amending s.