HB 0111 2004
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to magistrates and masters; amending ss.
12	26.012, 27.06, 34.01, 48.20, 142.09, 316.635, 373.603,
13	381.0012, 450.121, 560.306, 633.14, 648.44, 817.482,
14	832.05, 876.42, 893.12, 901.01, 901.02, 901.07, 901.08,
15	901.09, 901.11, 901.12, 901.25, 902.15, 902.17, 902.20,
16	902.21, 903.03, 903.32, 903.34, 914.22, 923.01, 933.01,
17	933.06, 933.07, 933.10, 933.101, 933.13, 933.14, 939.02,
18	939.14, 941.13, 941.14, 941.15, 941.17, 941.18, 947.141,
19	948.06, and 985.05, F.S., relating to various court
20	procedures; redesignating "magistrates" as "trial court
21	judges"; amending ss. 29.004, 56.071, 56.29, 61.1826,
22	64.061, 65.061, 69.051, 70.51, 92.142, 112.41, 112.43,
23	112.47, 162.03, 162.06, 162.09, 173.09, 173.10, 173.11,
24	173.12, 194.013, 194.034, 194.035, 206.16, 207.016,
25	320.411, 393.11, 394.467, 397.311, 397.681, 447.207,
26	447.403, 447.405, 447.407, 447.409, 475.011, 489.127,
27	489.531, 496.420, 501.207, 501.618, 559.936, 582.23,
28	631.182, 631.331, 633.052, 744.369, 760.11, 837.011,
29	838.014, 839.17, 916.107, 938.30, and 945.43, F.S.,
30	relating to various administrative and judicial
31	proceedings; redesignating "masters" and "general or
32	special masters" as "general or special magistrates";
33	providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1. Subsection (5) is added to section 26.012,
38	Florida Statutes, to read:
39	26.012 Jurisdiction of circuit court.--
40	(5) A circuit court is a trial court.
41	Section 2. Section 27.06, Florida Statutes, is amended to
42	read:
43	27.06 Habeas corpus and preliminary trials.--The several
44	state attorneys of this state shall represent the state in all
45	cases of habeas corpus arising in their respective circuits, and
46	shall also represent the state, either in person or by
47	assistant, in cases of preliminary trials of persons charged
48	with capital offenses in all cases where the committing trial
49	court judge magistrateshall have given due and timely notice of
50	the time and place of such trial. Notice of the application for
51	the writ of habeas corpus shall be given to the prosecuting
52	officer of the court wherein the statute under attack is being
53	applied, the criminal law proceeding is being maintained, or the
54	conviction has occurred.
55	Section 3. Subsection (8) of section 29.004, Florida
56	Statutes, as amended by chapter 2003-402, Laws of Florida, is
57	amended to read:
58	29.004 State courts system.--For purposes of implementing
59	s. 14, Art. V of the State Constitution, the essential elements
60	of the state courts system are as follows:
61	(8) General magistrates, special magistrates, Mastersand
62	hearing officers.
63	Section 4. Subsections (2) and (3) of section 34.01,
64	Florida Statutes, are amended, and subsection (5) is added to
65	that section, to read:
66	34.01 Jurisdiction of county court.--
67	(2) The county courts shall have jurisdiction previously
68	exercised by county judges' courts other than that vested in the
69	circuit court by s. 26.012, except that county court judges may
70	hear matters involving dissolution of marriage under the
71	simplified dissolution procedure pursuant to Rule 1.611(c),
72	Florida Family Law Rules of CivilProcedure or may issue a final
73	order for dissolution in cases where the matter is uncontested,
74	and the jurisdiction previously exercised by county courts, the
75	claims court, small claims courts, small claims magistrates
76	courts, magistrates courts, justice of the peace courts,
77	municipal courts, and courts of chartered counties, including
78	but not limited to the counties referred to in ss. 9, 10, 11,
79	and 24, Art. VIII of the State Constitution of 1885 as preserved
80	by s. 6(e), Art. VIII of the State Constitution of 1968.
81	(3) Judges of county courts shall also be committing trial
82	court judges magistrates. Judges of county courts shall be
83	coroners unless otherwise provided by law or by rule of the
84	Supreme Court.
85	(5) A county court is a trial court.
86	Section 5. Section 48.20, Florida Statutes, is amended to
87	read:
88	48.20 Service of process on Sunday.--Service or execution
89	on Sunday of any writ, process, warrant, order, or judgment is
90	void and the person serving or executing, or causing it to be
91	served or executed, is liable to the party aggrieved for damages
92	for so doing as if he or she had done it without any process,
93	writ, warrant, order, or judgment. If affidavit is made by the
94	person requesting service or execution that he or she has good
95	reason to believe that any person liable to have any such writ,
96	process, warrant, order, or judgment served on him or her
97	intends to escape from this state under protection of Sunday,
98	any officer furnished with an order authorizing service or
99	execution by the trial court judge or magistrate of any
100	incorporated townmay serve or execute such writ, process,
101	warrant, order, or judgment on Sunday, and it is as valid as if
102	it had been done on any other day.
103	Section 6. Section 142.09, Florida Statutes, is amended to
104	read:
105	142.09 If defendant is not convicted or dies.--If the
106	defendant is not convicted, or the prosecution is abated by the
107	death of the defendant, or if the costs are imposed on the
108	defendant and execution against him or her is returned no
109	property found, or if a nolle prosse be entered, in each of
110	these cases the fees of witnesses and officers arising from
111	criminal causes shall be paid by the county in the manner
112	specified in ss. 142.10-142.12; provided, that when a committing
113	trial court judge magistrateholds to bail or commits a person
114	to answer to a criminal charge and an information is not filed
115	or an indictment found against such person, the costs and fees
116	of such committing trial shall not be paid by the county, except
117	the costs of executing the warrants.
118	Section 7. Subsection (3) of section 316.635, Florida
119	Statutes, is amended to read:
120	316.635 Courts having jurisdiction over traffic
121	violations; powers relating to custody and detention of
122	minors.--
123	(3) If a minor is taken into custody for a criminal
124	traffic offense or a violation of chapter 322 and the minor does
125	not demand to be taken before a trial court judge or a Civil
126	Traffic Infraction Hearing Officer, who has jurisdiction over
127	the offense or violation magistrate, the arresting officer or
128	booking officer shall immediately notify, or cause to be
129	notified, the minor's parents, guardian, or responsible adult
130	relative of the action taken. After making every reasonable
131	effort to give notice, the arresting officer or booking officer
132	may:
133	(a) Issue a notice to appear pursuant to chapter 901 and
134	release the minor to a parent, guardian, responsible adult
135	relative, or other responsible adult;
136	(b) Issue a notice to appear pursuant to chapter 901 and
137	release the minor pursuant to s. 903.06;
138	(c) Issue a notice to appear pursuant to chapter 901 and
139	deliver the minor to an appropriate substance abuse treatment or
140	rehabilitation facility or refer the minor to an appropriate
141	medical facility as provided in s. 901.29. If the minor cannot
142	be delivered to an appropriate substance abuse treatment or
143	rehabilitation facility or medical facility, the arresting
144	officer may deliver the minor to an appropriate intake office of
145	the Department of Juvenile Justice, which shall take custody of
146	the minor and make any appropriate referrals; or
147	(d) If the violation constitutes a felony and the minor
148	cannot be released pursuant to s. 903.03, transport and deliver
149	the minor to an appropriate Department of Juvenile Justice
150	intake office. Upon delivery of the minor to the intake office,
151	the department shall assume custody and proceed pursuant to
152	chapter 984 or chapter 985.
153
154	If action is not taken pursuant to paragraphs (a)-(d), the minor
155	shall be delivered to the Department of Juvenile Justice, and
156	the department shall make every reasonable effort to contact the
157	parents, guardian, or responsible adult relative to take custody
158	of the minor. If there is no parent, guardian, or responsible
159	adult relative available, the department may retain custody of
160	the minor for up to 24 hours.
161	Section 8. Section 373.603, Florida Statutes, is amended
162	to read:
163	373.603 Power to enforce.--The Department of Environmental
164	Protection or the governing board of any water management
165	district and any officer or agent thereof may enforce any
166	provision of this law or any rule or regulation adopted and
167	promulgated or order issued thereunder to the same extent as any
168	peace officer is authorized to enforce the law. Any officer or
169	agent of any such board may appear before any trial court judge
170	magistrateempowered to issue warrants in criminal cases and
171	make an affidavit and apply for the issuance of a warrant in the
172	manner provided by law.; and said magistrate, If such affidavit
173	alleges shall allege the commission of an offense, the trial
174	court judgeshall issue a warrant directed to any sheriff or
175	deputy for the arrest of any offender. The provisions of this
176	section shall apply to the Florida Water Resources Act of 1972
177	in its entirety.
178	Section 9. Subsection (4) of section 381.0012, Florida
179	Statutes, is amended to read:
180	381.0012 Enforcement authority.--
181	(4) The department may appear before any trial court judge
182	magistrateempowered to issue warrants in criminal cases and
183	request the issuance of a warrant. The trial court judge
184	magistrateshall issue a warrant directed to any sheriff,
185	deputy, or police officer to assist in any way to carry out the
186	purpose and intent of this chapter.
187	Section 10. Subsections (3) and (4) of section 450.121,
188	Florida Statutes, are amended to read:
189	450.121 Enforcement of Child Labor Law.--
190	(3) It is the duty of any trial court judge magistrateof
191	any court in the state to issue warrants and try cases made
192	within the limit of any city over which such trial court judge
193	magistratehas jurisdiction in connection with the violation of
194	this law.
195	(4) Grand juries shall have inquisitorial powers to
196	investigate violations of this chapter; also, trial countycourt
197	judges and judges of the circuit courtsshall specially charge
198	the grand jury, at the beginning of each term of the court, to
199	investigate violations of this chapter.
200	Section 11. Subsection (2) of section 560.306, Florida
201	Statutes, is amended to read:
202	560.306 Standards.--
203	(2) The office may deny registration if it finds that the
204	applicant, or any money transmitter-affiliated party of the
205	applicant, has been convicted of a crime involving moral
206	turpitude in any jurisdiction or of a crime which, if committed
207	in this state, would constitute a crime involving moral
208	turpitude under the laws of this state. For the purposes of this
209	part, a person shall be deemed to have been convicted of a crime
210	if such person has either pleaded guilty to or been found guilty
211	of a charge before a court or afederal magistrate, or by the
212	verdict of a jury, irrespective of the pronouncement of sentence
213	or the suspension thereof. The office may take into
214	consideration the fact that such plea of guilty, or such
215	decision, judgment, or verdict, has been set aside, reversed, or
216	otherwise abrogated by lawful judicial process or that the
217	person convicted of the crime received a pardon from the
218	jurisdiction where the conviction was entered or received a
219	certificate pursuant to any provision of law which removes the
220	disability under this part because of such conviction.
221	Section 12. Section 633.14, Florida Statutes, is amended
222	to read:
223	633.14 Agents; powers to make arrests, conduct searches
224	and seizures, serve summonses, and carry firearms.--Agents of
225	the State Fire Marshal shall have the same authority to serve
226	summonses, make arrests, carry firearms,and make searches and
227	seizures, as the sheriff or her or his deputies, in the
228	respective counties where such investigations, hearings,or
229	inspections may be held; and affidavits necessary to authorize
230	any such arrests, searches, or seizures may be made before any
231	trial court judge magistratehaving authority under the law to
232	issue appropriate processes.
233	Section 13. Paragraph (e) of subsection (1) and paragraph
234	(c) of subsection (2) of section 648.44, Florida Statutes, are
235	amended to read:
236	648.44 Prohibitions; penalty.--
237	(1) A bail bond agent or temporary bail bond agent may
238	not:
239	(e) Pay a fee or rebate or give or promise anything of
240	value to a jailer, police officer, peace officer, or committing
241	trial court judge magistrateor any other person who has power
242	to arrest or to hold in custody or to any public official or
243	public employee in order to secure a settlement, compromise,
244	remission, or reduction of the amount of any bail bond or
245	estreatment thereof.
246	(2) The following persons or classes shall not be bail
247	bond agents, temporary bail bond agents, or employees of a bail
248	bond agent or a bail bond business and shall not directly or
249	indirectly receive any benefits from the execution of any bail
250	bond:
251	(c) Committing trial court judges magistrates, employees
252	of a court, or employees of the clerk of any court.
253	Section 14. Subsection (3) of section 817.482, Florida
254	Statutes, is amended to read:
255	817.482 Possessing or transferring device for theft of
256	telecommunications service; concealment of destination of
257	telecommunications service.--
258	(3) Any such instrument, apparatus, equipment, or device,
259	or plans or instructions therefor, referred to in subsections
260	(1) and (2), may be seized by court order or under a search
261	warrant of a judge or magistrateor incident to a lawful arrest;
262	and upon the conviction of any person for a violation of any
263	provision of this act, or s. 817.481, such instrument,
264	apparatus, equipment, device, plans, or instructions either
265	shall be destroyed as contraband by the sheriff of the county in
266	which such person was convicted or turned over to the telephone
267	company in whose territory such instrument, apparatus,
268	equipment, device, plans, or instructions were seized.
269	Section 15. Subsection (8) of section 832.05, Florida
270	Statutes, is amended to read:
271	832.05 Giving worthless checks, drafts, and debit card
272	orders; penalty; duty of drawee; evidence; costs; complaint
273	form.--
274	(8) COSTS.--When a prosecution is initiated under this
275	section before any committing trial court judge magistrate, the
276	party applying for the warrant shall be held liable for costs
277	accruing in the event the case is dismissed for want of
278	prosecution. No costs shall be charged to the county in such
279	dismissed cases.
280	Section 16. Section 876.42, Florida Statutes, is amended
281	to read:
282	876.42 Witnesses' privileges.--No person shall be excused
283	from attending and testifying, or producing any books, papers,
284	or other documents before any court, magistrate, referee,or
285	grand jury upon any investigation, proceeding,or trial, for or
286	relating to or concerned with a violation of any section of this
287	law or attempt to commit such violation, upon the ground or for
288	the reason that the testimony or evidence, documentary or
289	otherwise,required by the state may tend to convict the person
290	of a crime or to subject him or her to a penalty or forfeiture;
291	but no person shall be prosecuted or subjected to any penalty or
292	forfeiture for or on account of any transaction, matter,or
293	thing concerning which the person may so testify or produce
294	evidence, documentary or otherwise, and no testimony so given or
295	produced shall be received against the person, upon any criminal
296	investigation, proceeding,or trial, except upon a prosecution
297	for perjury or contempt of court, based upon the giving or
298	producing of such testimony.
299	Section 17. Paragraph (a) of subsection (1) of section
300	893.12, Florida Statutes, is amended to read:
301	893.12 Contraband; seizure, forfeiture, sale.--
302	(1) All substances controlled by this chapter and all
303	listed chemicals, which substances or chemicals are handled,
304	delivered, possessed, or distributed contrary to any provisions
305	of this chapter, and all such controlled substances or listed
306	chemicals the lawful possession of which is not established or
307	the title to which cannot be ascertained, are declared to be
308	contraband, are subject to seizure and confiscation by any
309	person whose duty it is to enforce the provisions of the
310	chapter, and shall be disposed of as follows:
311	(a) Except as in this section otherwise provided, the
312	court having jurisdiction shall order such controlled substances
313	or listed chemicals forfeited and destroyed. A record of the
314	place where said controlled substances or listed chemicals were
315	seized, of the kinds and quantities of controlled substances or
316	listed chemicals destroyed, and of the time, place, and manner
317	of destruction shall be kept, and a return under oath reporting
318	said destruction shall be made to the court or magistrateby the
319	officer who destroys them.
320	Section 18. Section 901.01, Florida Statutes, is amended
321	to read:
322	901.01 Judicial officers have to be committing authority
323	magistrates.--Each state judicial officer is a conservator of
324	the peace and has a committing magistrate withauthority to
325	issue warrants of arrest, commit offenders to jail, and
326	recognize them to appear to answer the charge. He or she may
327	require sureties of the peace when the peace has been
328	substantially threatened or disturbed.
329	Section 19. Subsection (1) of section 901.02, Florida
330	Statutes, is amended to read:
331	901.02 When warrant of arrest to be issued.--
332	(1) A warrant may be issued for the arrest of the person
333	complained against if the trial court judge magistrate, from the
334	examination of the complainant and other witnesses, reasonably
335	believes that the person complained against has committed an
336	offense within the trial court judge's magistrate's
337	jurisdiction. A warrant is issued at the time it is signed by
338	the trial court judge magistrate.
339	Section 20. Section 901.07, Florida Statutes, is amended
340	to read:
341	901.07 Admission to bail when arrest occurs in another
342	county.--
343	(1) When an arrest by a warrant occurs in a county other
344	than the one in which the alleged offense was committed and the
345	warrant issued, if the person arrested has a right to bail, the
346	arresting officer shall inform the person of his or her right
347	and, upon request, shall take the person before a trial court
348	judge magistrateor other official of the same county having
349	authority to admit to bail. The official shall admit the person
350	arrested to bail for his or her appearance before the trial
351	court judge magistratewho issued the warrant.
352	(2) If the person arrested does not have a right to bail
353	or, when informed of his or her right to bail, does not furnish
354	bail immediately, the officer who made the arrest or the officer
355	having the warrant shall take the person before the trial court
356	judge magistratewho issued the warrant.
357	Section 21. Section 901.08, Florida Statutes, is amended
358	to read:
359	901.08 Issue of warrant when offense triable in another
360	county.--
361	(1) When a complaint before a trial court judge magistrate
362	charges the commission of an offense that is punishable by death
363	or life imprisonment and is triable in another county of the
364	state, but it appears that the person against whom the complaint
365	is made is in the county where the complaint is made, the same
366	proceedings for issuing a warrant shall be used as prescribed in
367	this chapter, except that the warrant shall require the person
368	against whom the complaint is made to be taken before a
369	designated trial court judge magistrateof the county in which
370	the offense is triable.
371	(2) If the person arrested has a right to bail, the
372	officer making the arrest shall inform the person of his or her
373	right to bail and, on request, shall take the person before a
374	trial court judge magistrateor other official having authority
375	to admit to bail in the county in which the arrest is made. The
376	official shall admit the person to bail for his or her
377	appearance before the trial court judge magistratedesignated in
378	the warrant.
379	(3) If the person arrested does not have a right to bail
380	or, when informed of his or her right to bail, does not furnish
381	bail immediately, he or she shall be taken before the trial
382	court judge magistratedesignated in the warrant.
383	Section 22. Section 901.09, Florida Statutes, is amended
384	to read:
385	901.09 When summons shall be issued.--
386	(1) When the complaint is for an offense that the trial
387	court judge magistrate is empowered to try summarily, the trial
388	court judge magistrateshall issue a summons instead of a
389	warrant, unless she or he reasonably believes that the person
390	against whom the complaint was made will not appear upon a
391	summons, in which event the trial court judge magistrateshall
392	issue a warrant.
393	(2) When the complaint is for a misdemeanor that the trial
394	court judge magistrate is not empowered to try summarily, the
395	trial court judge magistrateshall issue a summons instead of a
396	warrant if she or he reasonably believes that the person against
397	whom the complaint was made will appear upon a summons.
398	(3) The summons shall set forth substantially the nature
399	of the offense and shall command the person against whom the
400	complaint was made to appear before the trial court judge
401	magistrateat a stated time and place.
402	Section 23. Section 901.11, Florida Statutes, is amended
403	to read:
404	901.11 Effect of not answering summons.--Failure to appear
405	as commanded by a summons without good cause is an indirect
406	criminal contempt of court and may be punished by a fine of not
407	more than $100. When a person fails to appear as commanded by a
408	summons, the trial court judge magistrateshall issue a warrant.
409	If the trial court judge magistrateacquires reason to believe
410	that the person summoned will not appear as commanded after
411	issuing a summons, the trial court judge magistratemay issue a
412	warrant.
413	Section 24. Section 901.12, Florida Statutes, is amended
414	to read:
415	901.12 Summons against corporation.--When a complaint of
416	an offense is made against a corporation, the trial court judge
417	magistrateshall issue a summons that shall set forth
418	substantially the nature of the offense and command the
419	corporation to appear before the trial court judge magistrateat
420	a stated time and place.
421	Section 25. Subsection (3) of section 901.25, Florida
422	Statutes, is amended to read:
423	901.25 Fresh pursuit; arrest outside jurisdiction.--
424	(3) If an arrest is made in this state by an officer
425	outside the county within which his or her jurisdiction lies,
426	the officer shall immediately notify the officer in charge of
427	the jurisdiction in which the arrest is made. Such officer in
428	charge of the jurisdiction shall, along with the officer making
429	the arrest, take the person so arrested before a trial county
430	court judge or other committing magistrateof the county in
431	which the arrest was made without unnecessary delay.
432	Section 26. Section 902.15, Florida Statutes, is amended
433	to read:
434	902.15 Undertaking by witness.--When a defendant is held
435	to answer on a charge for a crime punishable by death or life
436	imprisonment, the trial court judge magistrateat the
437	preliminary hearing may require each material witness to enter
438	into a written recognizance to appear at the trial or forfeit a
439	sum fixed by the trial court judge magistrate. Additional
440	security may be required in the discretion of the trial court
441	judge magistrate.
442	Section 27. Subsections (1), (2), and (3) of section
443	902.17, Florida Statutes, are amended to read:
444	902.17 Procedure when witness does not give security.--
445	(1) If a witness required to enter into a recognizance to
446	appear refuses to comply with the order, the trial court judge
447	magistrateshall commit the witness to custody until she or he
448	complies or she or he is legally discharged.
449	(2) If the trial court judge magistraterequires a witness
450	to give security for her or his appearance and the witness is
451	unable to give the security, the witness may apply to the court
452	having jurisdiction to try the defendant for a reduction of the
453	security.
454	(3) If it appears from examination on oath of the witness
455	or any other person that the witness is unable to give security,
456	the trial court judge magistrateor the court having
457	jurisdiction to try the defendant shall make an order finding
458	that fact, and the witness shall be detained pending application
459	for her or his conditional examination. Within 3 days from the
460	entry of the order, the witness shall be conditionally examined
461	on application of the state or the defendant. The examination
462	shall be by question and answer in the presence of the other
463	party and counsel, and shall be transcribed by a court reporter
464	or stenographer selected by the parties. At the completion of
465	the examination the witness shall be discharged. The deposition
466	of the witness may be introduced in evidence at the trial by the
467	defendant, or, if the prosecuting attorney and the defendant and
468	the defendant's counsel agree, it may be admitted in evidence by
469	stipulation. The deposition shall not be admitted on behalf of
470	the state without the consent of the defendant.
471	Section 28. Section 902.20, Florida Statutes, is amended
472	to read:
473	902.20 Contempts before committing trial court judge
474	magistrate.--A committing trial court judge magistrateholding a
475	preliminary hearing shall have the same power to punish for
476	contempts that she or he has while presiding at the trial of
477	criminal cases.
478	Section 29. Section 902.21, Florida Statutes, is amended
479	to read:
480	902.21 Commitment to jail in another county.--If a person
481	is committed in a county where there is no jail, the committing
482	trial court judge magistrateshall direct the sheriff to deliver
483	the accused to a jail in another county.
484	Section 30. Subsection (1) of section 903.03, Florida
485	Statutes, is amended to read:
486	903.03 Jurisdiction of trial court to admit to bail;
487	duties and responsibilities of Department of Corrections.--
488	(1) After a person is held to answer by a trial court
489	judge magistrate, the court having jurisdiction to try the
490	defendant shall, before indictment, affidavit, or information is
491	filed, have jurisdiction to hear and decide all preliminary
492	motions regarding bail and production or impounding of all
493	articles, writings, moneys, or other exhibits expected to be
494	used at the trial by either the state or the defendant.
495	Section 31. Subsection (2) of section 903.32, Florida
496	Statutes, is amended to read:
497	903.32 Defects in bond.--
498	(2) If no day, or an impossible day, is stated in a bond
499	for the defendant's appearance before a trial court judge
500	magistratefor a hearing, the defendant shall be bound to appear
501	10 days after receipt of notice to appear by the defendant, the
502	defendant's counsel, or any surety on the undertaking. If no
503	day, or an impossible day, is stated in a bond for the
504	defendant's appearance for trial, the defendant shall be bound
505	to appear on the first day of the next term of court that will
506	commence more than 3 days after the undertaking is given.
507	Section 32. Section 903.34, Florida Statutes, is amended
508	to read:
509	903.34 Who may admit to bail.--In criminal actions
510	instituted or pending in any state court, bonds given by
511	defendants before trial until appeal shall be approved by a
512	committing trial court judge magistrateor the sheriff. Appeal
513	bonds shall be approved as provided in s. 924.15.
514	Section 33. Subsection (4) of section 914.22, Florida
515	Statutes, is amended to read:
516	914.22 Tampering with a witness, victim, or informant.--
517	(4) In a prosecution for an offense under this section, no
518	state of mind need be proved with respect to the circumstance:
519	(a) That the official proceeding before a judge, court,
520	magistrate,grand jury, or government agency is before a judge
521	or court of the state, a state or local grand jury, or a state
522	agency; or
523	(b) That the judge is a judge of the state or that the law
524	enforcement officer is an officer or employee of the state or a
525	person authorized to act for or on behalf of the state or
526	serving the state as an adviser or consultant.
527	Section 34. Section 923.01, Florida Statutes, is amended
528	to read:
529	923.01 Criminal report.--Each committing trial court judge
530	magistrateat the time commitment papers are sent by her or him
531	to the proper trial court, and the sheriff when an arrest is
532	made, other than on a capias, shall transmit to the prosecuting
533	attorney of the trial court having jurisdiction, a report in the
534	following form:
535	CRIMINAL REPORT
536	Date: ____ Name and address of defendant: ____ Age: ____. If
537	under 18, give name and address of parent, next friend, or
538	guardian: ____ Name of offense, such as murder, assault,
539	robbery, etc.: ____ Date and place where committed: ____ Value
540	of property stolen: ____ Kind of property stolen: ____ Kind of
541	building robbed: ____ Name and address of owner of property
542	stolen or building robbed: ____ Name and address of occupant of
543	building robbed: ____ Name of party assaulted or murdered: ____
544	Weapon used in assault or murder: ____ Exhibits taken at scene
545	of crime or from defendant: ____ Name of custodian of such
546	exhibits: ____ Location of building or place where offense
547	committed: ____ Previous prison record of defendant: ____ Has
548	defendant been arrested: ____ Does defendant desire to plead
549	guilty: ____ Names and addresses of state witnesses: ____ Name
550	of defendant's lawyer: ____ If defendant is released on bond,
551	names and addresses of sureties: ____ Brief statement of facts:
552	____ Name of committing trial court judge magistrate: ____ If
553	additional space required, use reverse side of this sheet.
554	. . . (Signature of party making this report.) . . .
555	Section 35. Section 933.01, Florida Statutes, is amended
556	to read:
557	933.01 Persons competent to issue search warrant.--A
558	search warrant authorized by law may be issued by any judge,
559	including the judge of any circuit court of this state or county
560	court judge, or committing judge of the trial court magistrate
561	having jurisdiction where the place, vehicle,or thing to be
562	searched may be.
563	Section 36. Section 933.06, Florida Statutes, is amended
564	to read:
565	933.06 Sworn application required before issuance.--The
566	judge or magistratemust, before issuing the warrant, have the
567	application of some person for said warrant duly sworn to and
568	subscribed, and may receive further testimony from witnesses or
569	supporting affidavits, or depositions in writing, to support the
570	application. The affidavit and further proof, if same be had or
571	required, must set forth the facts tending to establish the
572	grounds of the application or probable cause for believing that
573	they exist.
574	Section 37. Subsection (1) of section 933.07, Florida
575	Statutes, is amended to read:
576	933.07 Issuance of search warrants.--
577	(1) The judge, upon examination of the application and
578	proofs submitted, if satisfied that probable cause exists for
579	the issuing of the search warrant, shall thereupon issue a
580	search warrant signed by him or her with his or her name of
581	office, to any sheriff and the sheriff's deputies or any police
582	officer or other person authorized by law to execute process,
583	commanding the officer or person forthwith to search the
584	property described in the warrant or the person named, for the
585	property specified, and to bring the property and any person
586	arrested in connection therewith before the judge magistrateor
587	some other court having jurisdiction of the offense.
588	Section 38. Section 933.10, Florida Statutes, is amended
589	to read:
590	933.10 Execution of search warrant during day or night.--A
591	search warrant issued under the provisions ofthis chapter may,
592	if expressly authorized in such warrant by the judge or
593	magistrate issuing the same, be executed by being served either
594	in the daytime or in the nighttime, as the exigencies of the
595	occasion may demand or require.
596	Section 39. Section 933.101, Florida Statutes, is amended
597	to read:
598	933.101 Service on Sunday.--A search warrant may be
599	executed by being served on Sunday, if expressly authorized in
600	such warrant by the judge or magistrate issuing the same.
601	Section 40. Section 933.13, Florida Statutes, is amended
602	to read:
603	933.13 Copy of inventory shall be delivered upon
604	request.--The judge or magistrateto whom the warrant is
605	returned, upon the request of any claimant or any person from
606	whom said property is taken, or the officer who executed the
607	search warrant, shall deliver to said applicant a true copy of
608	the inventory of the property mentioned in the return on said
609	warrant.
610	Section 41. Subsections (1), (3), and (4) of section
611	933.14, Florida Statutes, are amended to read:
612	933.14 Return of property taken under search warrant.--
613	(1) If it appears to the magistrate orjudge before whom
614	the warrant is returned that the property or papers taken are
615	not the same as that described in the warrant, or that there is
616	no probable cause for believing the existence of the grounds
617	upon which the warrant was issued, or if it appears to the judge
618	magistratebefore whom any property is returned that the
619	property was secured by an "unreasonable" search, the judge or
620	magistratemay order a return of the property taken; provided,
621	however, that in no instance shall contraband such as slot
622	machines, gambling tables, lottery tickets, tally sheets,
623	rundown sheets, or other gambling devices, paraphernalia and
624	equipment, or narcotic drugs, obscene prints and literature be
625	returned to anyone claiming an interest therein, it being the
626	specific intent of the Legislature that no one has any property
627	rights subject to be protected by any constitutional provision
628	in such contraband; provided, further, that the claimant of said
629	contraband may upon sworn petition and proof submitted by him or
630	her in the circuit court of the county where seized, show that
631	said contraband articles so seized were held, used or possessed
632	in a lawful manner, for a lawful purpose, and in a lawful place,
633	the burden of proof in all cases being upon the claimant. The
634	sworn affidavit or complaint upon which the search warrant was
635	issued or the testimony of the officers showing probable cause
636	to search without a warrant or incident to a legal arrest, and
637	the finding of such slot machines, gambling tables, lottery
638	tickets, tally sheets, rundown sheets, scratch sheets, or other
639	gambling devices, paraphernalia, and equipment, including money
640	used in gambling or in furtherance of gambling, or narcotic
641	drugs, obscene prints and literature, or any of them, shall
642	constitute prima facie evidence of the illegal possession of
643	such contraband and the burden shall be upon the claimant for
644	the return thereof, to show that such contraband was lawfully
645	acquired, possessed, held, and used.
646	(3) No pistol or firearm taken by any officer with a
647	search warrant or without a search warrant upon a view by the
648	officer of a breach of the peace shall be returned except
649	pursuant to an order of a trial circuit judge or a countycourt
650	judge.
651	(4) If no cause is shown for the return of any property
652	seized or taken under a search warrant, the judge or magistrate
653	shall order that the same be impounded for use as evidence at
654	any trial of any criminal or penal cause growing out of the
655	having or possession of said property, but perishable property
656	held or possessed in violation of law may be sold where the same
657	is not prohibited, as may be directed by the court, or returned
658	to the person from whom taken. The judge or magistrateto whom
659	said search warrant is returned shall file the same with the
660	inventory and sworn return in the proper office, and if the
661	original affidavit and proofs upon which the warrant was issued
662	are in his or her possession, he or she shall apply to the
663	officer having the same and the officer shall transmit and
664	deliver all of the papers, proofs, and certificates to the
665	proper office where the proceedings are lodged.
666	Section 42. Section 939.02, Florida Statutes, is amended
667	to read:
668	939.02 Costs before committing trial court judge
669	magistrate.--All costs accruing before a committing trial court
670	judge magistrateshall be taxed against the defendant on
671	conviction or estreat of recognizance.
672	Section 43. Section 939.14, Florida Statutes, is amended
673	to read:
674	939.14 County not to pay costs in cases where information
675	is not filed or indictment found.--When a committing trial court
676	judge magistrateholds to bail or commits any person to answer a
677	criminal charge in a county court or a circuit court, and an
678	information is not filed nor an indictment found against such
679	person, the costs of such committing trial shall not be paid by
680	the county, except the costs for executing the warrant.
681	Section 44. Section 941.13, Florida Statutes, is amended
682	to read:
683	941.13 Arrest prior to requisition.--Whenever any person
684	within this state shall be charged on the oath of any credible
685	person before any judge or magistrateof this state with the
686	commission of any crime in any other state, and,except in cases
687	arising under s. 941.06,with having fled from justice or with
688	having been convicted of a crime in that state and having
689	escaped from confinement, or having broken the terms of his or
690	her bail, probation, or parole, or whenever complaint shall have
691	been made before any judge or magistratein this state setting
692	forth on the affidavit of any credible person in another state
693	that a crime has been committed in such other state and that the
694	accused has been charged in such state with the commission of
695	the crime, and, except in cases arising under s. 941.06, has
696	fled from justice, or with having been convicted of a crime in
697	that state and having escaped from confinement, or having broken
698	the terms of his or her bail, probation, or parole, and is
699	believed to be in this state, the judge or magistrateshall
700	issue a warrant directed to any peace officer commanding him or
701	her to apprehend the person named therein, wherever the person
702	may be found in this state, and to bring the person before the
703	same or any other judge, magistrate,or court who or which may
704	be available in, or convenient of, access to the place where the
705	arrest may be made, to answer the charge or complaint and
706	affidavit, and a certified copy of the sworn charge or complaint
707	and affidavit upon which the warrant is issued shall be attached
708	to the warrant.
709	Section 45. Section 941.14, Florida Statutes, is amended
710	to read:
711	941.14 Arrest without a warrant.--The arrest of a person
712	may be lawfully made also by any peace officer or a private
713	person, without a warrant upon reasonable information that the
714	accused stands charged in the courts of a state with a crime
715	punishable by death or imprisonment for a term exceeding 1 year,
716	but when so arrested the accused must be taken before a judge or
717	magistratewith all practicable speed and complaint must be made
718	against the accused under oath setting forth the ground for the
719	arrest as in the preceding section; and thereafter his or her
720	answer shall be heard as if the accused had been arrested on a
721	warrant.
722	Section 46. Section 941.15, Florida Statutes, is amended
723	to read:
724	941.15 Commitment to await requisition; bail.--If from the
725	examination before the judge or magistrateit appears that the
726	person held is the person charged with having committed the
727	crime alleged and, except in cases arising under s. 941.06, that
728	the person has fled from justice, the judge or magistratemust,
729	by a warrant reciting the accusation, commit the person to the
730	county jail for such a time not exceeding 30 days and specified
731	in the warrant,as will enable the arrest of the accused to be
732	made under a warrant of the Governor on a requisition of the
733	executive authority of the state having jurisdiction of the
734	offense, unless the accused gives give bail as provided in s.
735	941.16 the next section, or until the accused shall be legally
736	discharged.
737	Section 47. Section 941.17, Florida Statutes, is amended
738	to read:
739	941.17 Extension of time of commitment, adjournment.--If
740	the accused is not arrested under warrant of the Governor by the
741	expiration of the time specified in the warrant or bond, a judge
742	or magistratemay discharge the accused or may recommit him or
743	her for a further period not to exceed 60 days, or a judge or
744	magistrate judgemay again take bail for his or her appearance
745	and surrender, as provided in s. 941.16, but within a period not
746	to exceed 60 days after the date of such new bond.
747	Section 48. Section 941.18, Florida Statutes, is amended
748	to read:
749	941.18 Forfeiture of bail.--If the prisoner is admitted to
750	bail, and fails to appear and surrender himself or herself
751	according to the conditions of his or her bond, the judge, or
752	magistrate by proper order,shall declare the bond forfeited and
753	order his or her immediate arrest without warrant if he or she
754	is bewithin this state. Recovery may be had on such bond in the
755	name of the state as in the case of other bonds given by the
756	accused in criminal proceedings within this state.
757	Section 49. Subsection (2) of section 947.141, Florida
758	Statutes, is amended to read:
759	947.141 Violations of conditional release, control
760	release, or conditional medical release or addiction-recovery
761	supervision.--
762	(2) Upon the arrest on a felony charge of an offender who
763	is on release supervision under s. 947.1405, s. 947.146, s.
764	947.149, or s. 944.4731, the offender must be detained without
765	bond until the initial appearance of the offender at which a
766	judicial determination of probable cause is made. If the trial
767	court judge magistratedetermines that there was no probable
768	cause for the arrest, the offender may be released. If the trial
769	court judge magistratedetermines that there was probable cause
770	for the arrest, such determination also constitutes reasonable
771	grounds to believe that the offender violated the conditions of
772	the release. Within 24 hours after the trial court judge's
773	magistrate'sfinding of probable cause, the detention facility
774	administrator or designee shall notify the commission and the
775	department of the finding and transmit to each a facsimile copy
776	of the probable cause affidavit or the sworn offense report upon
777	which the trial court judge's magistrate'sprobable cause
778	determination is based. The offender must continue to be
779	detained without bond for a period not exceeding 72 hours
780	excluding weekends and holidays after the date of the probable
781	cause determination, pending a decision by the commission
782	whether to issue a warrant charging the offender with violation
783	of the conditions of release. Upon the issuance of the
784	commission's warrant, the offender must continue to be held in
785	custody pending a revocation hearing held in accordance with
786	this section.
787	Section 50. Subsection (1) of section 948.06, Florida
788	Statutes, is amended to read:
789	948.06 Violation of probation or community control;
790	revocation; modification; continuance; failure to pay
791	restitution or cost of supervision.--
792	(1) Whenever within the period of probation or community
793	control there are reasonable grounds to believe that a
794	probationer or offender in community control has violated his or
795	her probation or community control in a material respect, any
796	law enforcement officer who is aware of the probationary or
797	community control status of the probationer or offender in
798	community control or any parole or probation supervisor may
799	arrest or request any county or municipal law enforcement
800	officer to arrest such probationer or offender without warrant
801	wherever found and forthwith return him or her to the court
802	granting such probation or community control. Any committing
803	trial court judge magistratemay issue a warrant, upon the facts
804	being made known to him or her by affidavit of one having
805	knowledge of such facts, for the arrest of the probationer or
806	offender, returnable forthwith before the court granting such
807	probation or community control. Any parole or probation
808	supervisor, any officer authorized to serve criminal process, or
809	any peace officer of this state is authorized to serve and
810	execute such warrant. Upon the filing of an affidavit alleging a
811	violation of probation or community control and following
812	issuance of a warrant under s. 901.02, the probationary period
813	is tolled until the court enters a ruling on the violation.
814	Notwithstanding the tolling of probation as provided in this
815	subsection, the court shall retain jurisdiction over the
816	offender for any violation of the conditions of probation or
817	community control that is alleged to have occurred during the
818	tolling period. The probation officer is permitted to continue
819	to supervise any offender who remains available to the officer
820	for supervision until the supervision expires pursuant to the
821	order of probation or community control or until the court
822	revokes or terminates the probation or community control,
823	whichever comes first. The court, upon the probationer or
824	offender being brought before it, shall advise him or her of
825	such charge of violation and, if such charge is admitted to be
826	true, may forthwith revoke, modify, or continue the probation or
827	community control or place the probationer into a community
828	control program. If probation or community control is revoked,
829	the court shall adjudge the probationer or offender guilty of
830	the offense charged and proven or admitted, unless he or she has
831	previously been adjudged guilty, and impose any sentence which
832	it might have originally imposed before placing the probationer
833	on probation or the offender into community control. If such
834	violation of probation or community control is not admitted by
835	the probationer or offender, the court may commit him or her or
836	release him or her with or without bail to await further
837	hearing, or it may dismiss the charge of probation or community
838	control violation. If such charge is not at that time admitted
839	by the probationer or offender and if it is not dismissed, the
840	court, as soon as may be practicable, shall give the probationer
841	or offender an opportunity to be fully heard on his or her
842	behalf in person or by counsel. After such hearing, the court
843	may revoke, modify, or continue the probation or community
844	control or place the probationer into community control. If such
845	probation or community control is revoked, the court shall
846	adjudge the probationer or offender guilty of the offense
847	charged and proven or admitted, unless he or she has previously
848	been adjudged guilty, and impose any sentence which it might
849	have originally imposed before placing the probationer or
850	offender on probation or into community control. Notwithstanding
851	s. 775.082, when a period of probation or community control has
852	been tolled, upon revocation or modification of the probation or
853	community control, the court may impose a sanction with a term
854	that when combined with the amount of supervision served and
855	tolled, exceeds the term permissible pursuant to s. 775.082 for
856	a term up to the amount of the tolled period supervision. If the
857	court dismisses an affidavit alleging a violation of probation
858	or community control, the offender's probation or community
859	control shall continue as previously imposed, and the offender
860	shall receive credit for all tolled time against his or her term
861	of probation or community control.
862	Section 51. Paragraph (b) of subsection (4) of section
863	985.05, Florida Statutes, is amended to read:
864	985.05 Court records.--
865	(4) A court record of proceedings under this part is not
866	admissible in evidence in any other civil or criminal
867	proceeding, except that:
868	(b) Orders binding an adult over for trial on a criminal
869	charge, made by the committing trial court judge as a committing
870	magistrate, are admissible in evidence in the court to which the
871	adult is bound over.
872	Section 52. Section 56.071, Florida Statutes, is amended
873	to read:
874	56.071 Executions on equities of redemption; discovery of
875	value.--On motion made by the party causing a levy to be made on
876	an equity of redemption,the court from which the execution
877	issued shall order the mortgagor, mortgagee,and all other
878	persons interested in the mortgaged property levied on to appear
879	and be examined about the amount remaining due on the mortgage,
880	the amount that has been paid, the party to whom that amount has
881	been paid, and the date when that amount was paid to whom and
882	when paidso that the value of the equity of redemption may be
883	ascertained before the property itis sold. The court may
884	appoint a general or special magistrate masterto conduct the
885	examination. This section shall also apply to the interest of
886	and personal property in possession of a vendee under a retained
887	title contract or conditional sales contract.
888	Section 53. Subsections (2), (7), and (10) of section
889	56.29, Florida Statutes, are amended to read:
890	56.29 Proceedings supplementary.--
891	(2) On such plaintiff's motion the court shall require the
892	defendant in execution to appear before it or a general or
893	special magistrate masterat a time and place specified by the
894	order in the county of the defendant's residence to be examined
895	concerning his or her property.
896	(7) At any time the court may refer the proceeding to a
897	general or special magistrate masterwho may be directed to
898	report findings of law or fact, or both. The general or special
899	magistrate masterhas all the powers thereof, including the
900	power to issue subpoena, and shall be paid the fees provided by
901	law.
902	(10) Any person failing to obey any order issued under
903	this section by a judge or general or special magistrate master
904	or failingto attend in response to a subpoena served on him or
905	her may be held in contempt.
906	Section 54. Subsection (4) of section 61.1826, Florida
907	Statutes, is amended to read:
908	61.1826 Procurement of services for State Disbursement
909	Unit and the non-Title IV-D component of the State Case
910	Registry; contracts and cooperative agreements; penalties;
911	withholding payment.--
912	(4) COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The
913	contract between the Florida Association of Court Clerks and the
914	department, and cooperative agreements entered into by the
915	depositories and the department, must contain, but are not
916	limited to, the following terms:
917	(a) The initial term of the contract and cooperative
918	agreements is for 5 years. The subsequent term of the contract
919	and cooperative agreements is for 3 years, with the option of
920	two 1-year renewal periods, at the sole discretion of the
921	department.
922	(b) The duties and responsibilities of the Florida
923	Association of Court Clerks, the depositories, and the
924	department.
925	(c) Under s. 287.058(1)(a), all providers and
926	subcontractors shall submit to the department directly, or
927	through the Florida Association of Court Clerks, a report of
928	monthly expenditures in a format prescribed by the department
929	and in sufficient detail for a proper preaudit and postaudit
930	thereof.
931	(d) All providers and subcontractors shall submit to the
932	department directly, or through the Florida Association of Court
933	Clerks, management reports in a format prescribed by the
934	department.
935	(e) All subcontractors shall comply with chapter 280, as
936	may be required.
937	(f) Federal financial participation for eligible Title IV-
938	D expenditures incurred by the Florida Association of Court
939	Clerks and the depositories shall be at the maximum level
940	permitted by federal law for expenditures incurred for the
941	provision of services in support of child support enforcement in
942	accordance with 45 C.F.R. part 74 and Federal Office of
943	Management and Budget Circulars A-87 and A-122 and based on an
944	annual cost allocation study of each depository. The
945	depositories shall submit directly, or through the Florida
946	Association of Court Clerks, claims for Title IV-D expenditures
947	monthly to the department in a standardized format as prescribed
948	by the department. The Florida Association of Court Clerks shall
949	contract with a certified public accounting firm, selected by
950	the Florida Association of Court Clerks and the department, to
951	audit and certify quarterly to the department all claims for
952	expenditures submitted by the depositories for Title IV-D
953	reimbursement.
954	(g) Upon termination of the contracts between the
955	department and the Florida Association of Court Clerks or the
956	depositories, the Florida Association of Court Clerks, its
957	agents, and the depositories shall assist the department in
958	making an orderly transition to a private vendor.
959	(h) Interest on late payment by the department shall be in
960	accordance with s. 215.422.
961
962	If either the department or the Florida Association of Court
963	Clerks objects to a term of the standard cooperative agreement
964	or contract specified in subsections (2) and (3), the disputed
965	term or terms shall be presented jointly by the parties to the
966	Attorney General or the Attorney General's designee, who shall
967	act as special magistrate master. The special magistrate master
968	shall resolve the dispute in writing within 10 days. The
969	resolution of a dispute by the special magistrate masteris
970	binding on the department and the Florida Association of Court
971	Clerks.
972	Section 55. Section 64.061, Florida Statutes, is amended
973	to read:
974	64.061 Partition of property; commissioners; special
975	magistrate master.--
976	(1) APPOINTMENT AND REMOVAL.--When a judgment of partition
977	is made, the court shall appoint three suitable persons as
978	commissioners to make the partition. They shall be selected by
979	the court unless agreed on by the parties. They may be removed
980	by the court for good cause and others appointed in their
981	places.
982	(2) POWERS, DUTIES, COMPENSATION AND REPORT OF
983	COMMISSIONERS.--The commissioners shall be sworn to execute the
984	trust imposed in them faithfully and impartially before entering
985	on their duties; have power to employ a surveyor, if necessary,
986	for the purpose of making partition; be allowed such sum as is
987	reasonable for their services; to make partition of the lands in
988	question according to the court's order and report it in writing
989	to the court without delay.
990	(3) EXCEPTIONS TO REPORT AND FINAL JUDGMENT.--Any party
991	may file objections to the report of the commissioners within 10
992	days after it is served. If no objections are filed or if the
993	court is satisfied on hearing any such objections that they are
994	not well-founded, the report shall be confirmed, and a final
995	judgment entered vesting in the parties the title to the parcels
996	of the lands allotted to them respectively, and giving each of
997	them the possession of and quieting title to their respective
998	shares as against the other parties to the action or those
999	claiming through or under them.
1000	(4) APPOINTMENT OF SPECIAL MAGISTRATE MASTERWHERE
1001	PROPERTY NOT SUBJECT TO PARTITION.--On an uncontested allegation
1002	in a pleading that the property sought to be partitioned is
1003	indivisible and is not subject to partition without prejudice to
1004	the owners of it or if a judgment of partition is entered and
1005	the court is satisfied that the allegation is correct, on motion
1006	of any party and notice to the others the court may appoint a
1007	special magistrate masteror the clerk to make sale of the
1008	property either at private sale or as provided by s. 64.071.
1009	Section 56. Subsection (5) of section 65.061, Florida
1010	Statutes, is amended to read:
1011	65.061 Quieting title; additional remedy.--
1012	(5) RECORDING FINAL JUDGMENTS.--All final judgments may be
1013	recorded in the county or counties in which the land is situated
1014	and operate to vest title in like manner as though a conveyance
1015	were executed by a special magistrate masteror commissioner.
1016	Section 57. Section 69.051, Florida Statutes, is amended
1017	to read:
1018	69.051 General and special magistrates Masters in
1019	chancery; compensation.--General and special magistrates
1020	appointed by the court Masters in chanceryshall be allowed such
1021	compensation for any services as the court deems reasonable,
1022	including time consumed in legal research required in preparing
1023	and summarizing their findings of fact and law.
1024	Section 58. Section 70.51, Florida Statutes, is amended to
1025	read:
1026	70.51 Land use and environmental dispute resolution.--
1027	(1) This section may be cited as the "Florida Land Use and
1028	Environmental Dispute Resolution Act."
1029	(2) As used in this section, the term:
1030	(a) "Development order" means any order, or notice of
1031	proposed state or regional governmental agency action, which is
1032	or will have the effect of granting, denying, or granting with
1033	conditions an application for a development permit, and includes
1034	the rezoning of a specific parcel. Actions by the state or a
1035	local government on comprehensive plan amendments are not
1036	development orders.
1037	(b) "Development permit" means any building permit, zoning
1038	permit, subdivision approval, certification, special exception,
1039	variance, or any other similar action of local government, as
1040	well as any permit authorized to be issued under state law by
1041	state, regional, or local government which has the effect of
1042	authorizing the development of real property including, but not
1043	limited to, programs implementing chapters 125, 161, 163, 166,
1044	187, 258, 372, 373, 378, 380, and 403.
1045	(c) "Special magistrate master" means a person selected by
1046	the parties to perform the duties prescribed in this section.
1047	The special magistrate mastermust be a resident of the state
1048	and possess experience and expertise in mediation and at least
1049	one of the following disciplines and a working familiarity with
1050	the others: land use and environmental permitting, land
1051	planning, land economics, local and state government
1052	organization and powers, and the law governing the same.
1053	(d) "Owner" means a person with a legal or equitable
1054	interest in real property who filed an application for a
1055	development permit for the property at the state, regional, or
1056	local level and who received a development order, or who holds
1057	legal title to real property that is subject to an enforcement
1058	action of a governmental entity.
1059	(e) "Proposed use of the property" means the proposal
1060	filed by the owner to develop his or her real property.
1061	(f) "Governmental entity" includes an agency of the state,
1062	a regional or a local government created by the State
1063	Constitution or by general or special act, any county or
1064	municipality, or any other entity that independently exercises
1065	governmental authority. The term does not include the United
1066	States or any of its agencies.
1067	(g) "Land" or "real property" means land and includes any
1068	appurtenances and improvements to the land, including any other
1069	relevant real property in which the owner had a relevant
1070	interest.
1071	(3) Any owner who believes that a development order,
1072	either separately or in conjunction with other development
1073	orders, or an enforcement action of a governmental entity, is
1074	unreasonable or unfairly burdens the use of the owner's real
1075	property, may apply within 30 days after receipt of the order or
1076	notice of the governmental action for relief under this section.
1077	(4) To initiate a proceeding under this section, an owner
1078	must file a request for relief with the elected or appointed
1079	head of the governmental entity that issued the development
1080	order or orders, or that initiated the enforcement action. The
1081	head of the governmental entity may not charge the owner for the
1082	request for relief and must forward the request for relief to
1083	the special magistrate masterwho is mutually agreed upon by the
1084	owner and the governmental entity within 10 days after receipt
1085	of the request.
1086	(5) The governmental entity with whom a request has been
1087	filed shall also serve a copy of the request for relief by
1088	United States mail or by hand delivery to:
1089	(a) Owners of real property contiguous to the owner's
1090	property at the address on the latest county tax roll.
1091	(b) Any substantially affected party who submitted oral or
1092	written testimony, sworn or unsworn, of a substantive nature
1093	which stated with particularity objections to or support for any
1094	development order at issue or enforcement action at issue.
1095	Notice under this paragraph is required only if that party
1096	indicated a desire to receive notice of any subsequent special
1097	magistrate masterproceedings occurring on the development order
1098	or enforcement action. Each governmental entity must maintain in
1099	its files relating to particular development orders a mailing
1100	list of persons who have presented oral or written testimony and
1101	who have requested notice.
1102	(6) The request for relief must contain:
1103	(a) A brief statement of the owner's proposed use of the
1104	property.
1105	(b) A summary of the development order or description of
1106	the enforcement action. A copy of the development order or the
1107	documentation of an enforcement action at issue must be attached
1108	to the request.
1109	(c) A brief statement of the impact of the development
1110	order or enforcement action on the ability of the owner to
1111	achieve the proposed use of the property.
1112	(d) A certificate of service showing the parties,
1113	including the governmental entity, served.
1114	(7) The special magistrate mastermay require other
1115	information in the interest of gaining a complete understanding
1116	of the request for relief.
1117	(8) The special magistrate mastermay conduct a hearing on
1118	whether the request for relief should be dismissed for failing
1119	to include the information required in subsection (6). If the
1120	special magistrate master dismisses the case, the special
1121	magistrate mastershall allow the owner to amend the request and
1122	refile. Failure to file an adequate amended request within the
1123	time specified shall result in a dismissal with prejudice as to
1124	this proceeding.
1125	(9) By requesting relief under this section, the owner
1126	consents to grant the special magistrate masterand the parties
1127	reasonable access to the real property with advance notice at a
1128	time and in a manner acceptable to the owner of the real
1129	property.
1130	(10)(a) Before initiating a special magistrate master
1131	proceeding to review a local development order or local
1132	enforcement action, the owner must exhaust all nonjudicial local
1133	government administrative appeals if the appeals take no longer
1134	than 4 months. Once nonjudicial local administrative appeals
1135	are exhausted and the development order or enforcement action is
1136	final, or within 4 months after issuance of the development
1137	order or notice of the enforcement action if the owner has
1138	pursued local administrative appeals even if the appeals have
1139	not been concluded, the owner may initiate a proceeding under
1140	this section. Initiation of a proceeding tolls the time for
1141	seeking judicial review of a local government development order
1142	or enforcement action until the special magistrate's master's
1143	recommendation is acted upon by the local government. Election
1144	by the owner to file for judicial review of a local government
1145	development order or enforcement action prior to initiating a
1146	proceeding under this section waives any right to a special
1147	magistrate masterproceeding.
1148	(b) If an owner requests special magistrate masterrelief
1149	from a development order or enforcement action issued by a state
1150	or regional agency, the time for challenging agency action under
1151	ss. 120.569 and 120.57 is tolled. If an owner chooses to bring a
1152	proceeding under ss. 120.569 and 120.57 before initiating a
1153	special magistrate masterproceeding, then the owner waives any
1154	right to a special magistrate masterproceeding unless all
1155	parties consent to proceeding to mediation.
1156	(11) The initial party to the proceeding is the
1157	governmental entity that issues the development order to the
1158	owner or that is taking the enforcement action. In those
1159	instances when the development order or enforcement action is
1160	the culmination of a process involving more than one
1161	governmental entity or when a complete resolution of all
1162	relevant issues would require the active participation of more
1163	than one governmental entity, the special magistrate mastermay,
1164	upon application of a party, join those governmental entities as
1165	parties to the proceeding if it will assist in effecting the
1166	purposes of this section, and those governmental entities so
1167	joined shall actively participate in the procedure.
1168	(12) Within 21 days after receipt of the request for
1169	relief, any owner of land contiguous to the owner's property and
1170	any substantially affected person who submitted oral or written
1171	testimony, sworn or unsworn, of a substantive nature which
1172	stated with particularity objections to or support for the
1173	development order or enforcement action at issue may request to
1174	participate in the proceeding. Those persons may be permitted to
1175	participate in the hearing but shall not be granted party or
1176	intervenor status. The participation of such persons is limited
1177	to addressing issues raised regarding alternatives, variances,
1178	and other types of adjustment to the development order or
1179	enforcement action which may impact their substantial interests,
1180	including denial of the development order or application of an
1181	enforcement action.
1182	(13) Each party must make efforts to assure that those
1183	persons qualified by training or experience necessary to address
1184	issues raised by the request or by the special magistrate master
1185	and further qualified to address alternatives, variances, and
1186	other types of modifications to the development order or
1187	enforcement action are present at the hearing.
1188	(14) The special magistrate mastermay subpoena any
1189	nonparty witnesses in the state whom the special magistrate
1190	masterbelieves will aid in the disposition of the matter.
1191	(15)(a) The special magistrate mastershall hold a hearing
1192	within 45 days after his or her receipt of the request for
1193	relief unless a different date is agreed to by all the parties.
1194	The hearing must be held in the county in which the property is
1195	located.
1196	(b) The special magistrate mastermust provide notice of
1197	the place, date, and time of the hearing to all parties and any
1198	other persons who have requested such notice at least 40 days
1199	prior to the hearing.
1200	(16)(a) Fifteen days following the filing of a request for
1201	relief, the governmental entity that issued the development
1202	order or that is taking the enforcement action shall file a
1203	response to the request for relief with the special magistrate
1204	mastertogether with a copy to the owner. The response must set
1205	forth in reasonable detail the position of the governmental
1206	entity regarding the matters alleged by the owner. The response
1207	must include a brief statement explaining the public purpose of
1208	the regulations on which the development order or enforcement
1209	action is based.
1210	(b) Any governmental entity that is added by the special
1211	magistrate masteras a party must file a response to the request
1212	for relief prior to the hearing but not later than 15 days
1213	following its admission.
1214	(c) Any party may incorporate in the response to the
1215	request for relief a request to be dropped from the proceeding.
1216	The request to be dropped must set forth facts and circumstances
1217	relevant to aid the special magistrate masterin ruling on the
1218	request. All requests to be dropped must be disposed of prior to
1219	conducting any hearings on the merits of the request for relief.
1220	(17) In all respects, the hearing must be informal and
1221	open to the public and does not require the use of an attorney.
1222	The hearing must operate at the direction and under the
1223	supervision of the special magistrate master. The object of the
1224	hearing is to focus attention on the impact of the governmental
1225	action giving rise to the request for relief and to explore
1226	alternatives to the development order or enforcement action and
1227	other regulatory efforts by the governmental entities in order
1228	to recommend relief, when appropriate, to the owner.
1229	(a) The first responsibility of the special magistrate
1230	masteris to facilitate a resolution of the conflict between the
1231	owner and governmental entities to the end that some
1232	modification of the owner's proposed use of the property or
1233	adjustment in the development order or enforcement action or
1234	regulatory efforts by one or more of the governmental parties
1235	may be reached. Accordingly, the special magistrate mastershall
1236	act as a facilitator or mediator between the parties in an
1237	effort to effect a mutually acceptable solution. The parties
1238	shall be represented at the mediation by persons with authority
1239	to bind their respective parties to a solution, or by persons
1240	with authority to recommend a solution directly to the persons
1241	with authority to bind their respective parties to a solution.
1242	(b) If an acceptable solution is not reached by the
1243	parties after the special magistrate's master'sattempt at
1244	mediation, the special magistrate mastershall consider the
1245	facts and circumstances set forth in the request for relief and
1246	any responses and any other information produced at the hearing
1247	in order to determine whether the action by the governmental
1248	entity or entities is unreasonable or unfairly burdens the real
1249	property.
1250	(c) In conducting the hearing, the special magistrate
1251	mastermay hear from all parties and witnesses that are
1252	necessary to an understanding of the matter. The special
1253	magistrate mastershall weigh all information offered at the
1254	hearing.
1255	(18) The circumstances to be examined in determining
1256	whether the development order or enforcement action, or the
1257	development order or enforcement action in conjunction with
1258	regulatory efforts of other governmental parties, is
1259	unreasonable or unfairly burdens use of the property may
1260	include, but are not limited to:
1261	(a) The history of the real property, including when it
1262	was purchased, how much was purchased, where it is located, the
1263	nature of the title, the composition of the property, and how it
1264	was initially used.
1265	(b) The history or development and use of the real
1266	property, including what was developed on the property and by
1267	whom, if it was subdivided and how and to whom it was sold,
1268	whether plats were filed or recorded, and whether infrastructure
1269	and other public services or improvements may have been
1270	dedicated to the public.
1271	(c) The history of environmental protection and land use
1272	controls and other regulations, including how and when the land
1273	was classified, how use was proscribed, and what changes in
1274	classifications occurred.
1275	(d) The present nature and extent of the real property,
1276	including its natural and altered characteristics.
1277	(e) The reasonable expectations of the owner at the time
1278	of acquisition, or immediately prior to the implementation of
1279	the regulation at issue, whichever is later, under the
1280	regulations then in effect and under common law.
1281	(f) The public purpose sought to be achieved by the
1282	development order or enforcement action, including the nature
1283	and magnitude of the problem addressed by the underlying
1284	regulations on which the development order or enforcement action
1285	is based; whether the development order or enforcement action is
1286	necessary to the achievement of the public purpose; and whether
1287	there are alternative development orders or enforcement action
1288	conditions that would achieve the public purpose and allow for
1289	reduced restrictions on the use of the property.
1290	(g) Uses authorized for and restrictions placed on similar
1291	property.
1292	(h) Any other information determined relevant by the
1293	special magistrate master.
1294	(19) Within 14 days after the conclusion of the hearing,
1295	the special magistrate mastershall prepare and file with all
1296	parties a written recommendation.
1297	(a) If the special magistrate masterfinds that the
1298	development order at issue, or the development order or
1299	enforcement action in combination with the actions or
1300	regulations of other governmental entities, is not unreasonable
1301	or does not unfairly burden the use of the owner's property, the
1302	special magistrate mastermust recommend that the development
1303	order or enforcement action remain undisturbed and the
1304	proceeding shall end, subject to the owner's retention of all
1305	other available remedies.
1306	(b) If the special magistrate masterfinds that the
1307	development order or enforcement action, or the development
1308	order or enforcement action in combination with the actions or
1309	regulations of other governmental entities, is unreasonable or
1310	unfairly burdens use of the owner's property, the special
1311	magistrate master, with the owner's consent to proceed, may
1312	recommend one or more alternatives that protect the public
1313	interest served by the development order or enforcement action
1314	and regulations at issue but allow for reduced restraints on the
1315	use of the owner's real property, including, but not limited to:
1316	1. An adjustment of land development or permit standards
1317	or other provisions controlling the development or use of land.
1318	2. Increases or modifications in the density, intensity,
1319	or use of areas of development.
1320	3. The transfer of development rights.
1321	4. Land swaps or exchanges.
1322	5. Mitigation, including payments in lieu of onsite
1323	mitigation.
1324	6. Location on the least sensitive portion of the
1325	property.
1326	7. Conditioning the amount of development or use
1327	permitted.
1328	8. A requirement that issues be addressed on a more
1329	comprehensive basis than a single proposed use or development.
1330	9. Issuance of the development order, a variance, special
1331	exception, or other extraordinary relief, including withdrawal
1332	of the enforcement action.
1333	10. Purchase of the real property, or an interest therein,
1334	by an appropriate governmental entity.
1335	(c) This subsection does not prohibit the owner and
1336	governmental entity from entering in to an agreement as to the
1337	permissible use of the property prior to the special magistrate
1338	masterentering a recommendation. An agreement for a
1339	permissible use must be incorporated in the special magistrate's
1340	master'srecommendation.
1341	(20) The special magistrate's master'srecommendation is a
1342	public record under chapter 119. However, actions or statements
1343	of all participants to the special magistrate masterproceeding
1344	are evidence of an offer to compromise and inadmissible in any
1345	proceeding, judicial or administrative.
1346	(21) Within 45 days after receipt of the special
1347	magistrate's master'srecommendation, the governmental entity
1348	responsible for the development order or enforcement action and
1349	other governmental entities participating in the proceeding must
1350	consult among themselves and each governmental entity must:
1351	(a) Accept the recommendation of the special magistrate
1352	masteras submitted and proceed to implement it by development
1353	agreement, when appropriate, or by other method, in the ordinary
1354	course and consistent with the rules and procedures of that
1355	governmental entity. However, the decision of the governmental
1356	entity to accept the recommendation of the special magistrate
1357	masterwith respect to granting a modification, variance, or
1358	special exception to the application of statutes, rules,
1359	regulations, or ordinances as they would otherwise apply to the
1360	subject property does not require an owner to duplicate previous
1361	processes in which the owner has participated in order to
1362	effectuate the granting of the modification, variance, or
1363	special exception;
1364	(b) Modify the recommendation as submitted by the special
1365	magistrate masterand proceed to implement it by development
1366	agreement, when appropriate, or by other method, in the ordinary
1367	course and consistent with the rules and procedures of that
1368	governmental entity; or
1369	(c) Reject the recommendation as submitted by the special
1370	magistrate master. Failure to act within 45 days is a rejection
1371	unless the period is extended by agreement of the owner and
1372	issuer of the development order or enforcement action.
1373	(22) If a governmental entity accepts the special
1374	magistrate's master'srecommendation or modifies it and the
1375	owner rejects the acceptance or modification, or if a
1376	governmental entity rejects the special magistrate's master's
1377	recommendation, the governmental entity must issue a written
1378	decision within 30 days that describes as specifically as
1379	possible the use or uses available to the subject real property.
1380	(23) The procedure established by this section may not
1381	continue longer than 165 days, unless the period is extended by
1382	agreement of the parties. A decision describing available uses
1383	constitutes the last prerequisite to judicial action and the
1384	matter is ripe or final for subsequent judicial proceedings
1385	unless the owner initiates a proceeding under ss. 120.569 and
1386	120.57. If the owner brings a proceeding under ss. 120.569 and
1387	120.57, the matter is ripe when the proceeding culminates in a
1388	final order whether further appeal is available or not.
1389	(24) The procedure created by this section is not itself,
1390	nor does it create, a judicial cause of action. Once the
1391	governmental entity acts on the special magistrate's master's
1392	recommendation, the owner may elect to file suit in a court of
1393	competent jurisdiction. Invoking the procedures of this section
1394	is not a condition precedent to filing a civil action.
1395	(25) Regardless of the action the governmental entity
1396	takes on the special magistrate's master'srecommendation, a
1397	recommendation that the development order or enforcement action,
1398	or the development order or enforcement action in combination
1399	with other governmental regulatory actions, is unreasonable or
1400	unfairly burdens use of the owner's real property may serve as
1401	an indication of sufficient hardship to support modification,
1402	variances, or special exceptions to the application of statutes,
1403	rules, regulations, or ordinances to the subject property.
1404	(26) A special magistrate's master'srecommendation under
1405	this section constitutes data in support of, and a support
1406	document for, a comprehensive plan or comprehensive plan
1407	amendment, but is not, in and of itself, dispositive of a
1408	determination of compliance with chapter 163. Any comprehensive
1409	plan amendment necessary to carry out the approved
1410	recommendation of a special magistrate masterunder this section
1411	is exempt from the twice-a-year limit on plan amendments and may
1412	be adopted by the local government amendments in s.
1413	163.3184(16)(d).
1414	(27) The special magistrate mastershall send a copy of
1415	the recommendation in each case to the Department of Legal
1416	Affairs. Each governmental entity, within 15 days after its
1417	action on the special magistrate's master'srecommendation,
1418	shall notify the Department of Legal Affairs in writing as to
1419	what action the governmental entity took on the special
1420	magistrate's master'srecommendation.
1421	(28) Each governmental entity may establish procedural
1422	guidelines to govern the conduct of proceedings authorized by
1423	this section, which must include, but are not limited to,
1424	payment of special magistrate masterfees and expenses,
1425	including the costs of providing notice and effecting service of
1426	the request for relief under this section, which shall be borne
1427	equally by the governmental entities and the owner.
1428	(29) This section shall be liberally construed to effect
1429	fully its obvious purposes and intent, and governmental entities
1430	shall direct all available resources and authorities to effect
1431	fully the obvious purposes and intent of this section in
1432	resolving disputes. Governmental entities are encouraged to
1433	expedite notice and time-related provisions to implement
1434	resolution of disputes under this section. The procedure
1435	established by this section may be used to resolve disputes in
1436	pending judicial proceedings, with the agreement of the parties
1437	to the judicial proceedings, and subject to the approval of the
1438	court in which the judicial proceedings are pending. The
1439	provisions of this section are cumulative, and do not supplant
1440	other methods agreed to by the parties and lawfully available
1441	for arbitration, mediation, or other forms of alternative
1442	dispute resolution.
1443	(30) This section applies only to development orders
1444	issued, modified, or amended, or to enforcement actions issued,
1445	on or after October 1, 1995.
1446	Section 59. Subsection (1) of section 92.142, Florida
1447	Statutes, is amended to read:
1448	92.142 Witnesses; pay.--
1449	(1) Witnesses in all cases, civil and criminal, in all
1450	courts, now or hereafter created, and witnesses summoned before
1451	any arbitrator or general or special magistrate appointed by the
1452	court master in chanceryshall receive for each day's actual
1453	attendance $5 and also 6 cents per mile for actual distance
1454	traveled to and from the courts. A witness in a criminal case
1455	required to appear in a county other than the county of his or
1456	her residence and residing more than 50 miles from the location
1457	of the trial shall be entitled to per diem and travel expenses
1458	at the same rate provided for state employees under s. 112.061,
1459	in lieu of any other witness fee at the discretion of the court.
1460	Section 60. Section 112.41, Florida Statutes, is amended
1461	to read:
1462	112.41 Contents of order of suspension; Senate select
1463	committee; special magistrate examiner.--
1464	(1) The order of the Governor, in suspending any officer
1465	pursuant to the provisions of s. 7, Art. IV of the State
1466	Constitution, shall specify facts sufficient to advise both the
1467	officer and the Senate as to the charges made or the basis of
1468	the suspension.
1469	(2) The Senate shall conduct a hearing in the manner
1470	prescribed by rules of the Senate adopted for this purpose.
1471	(3) The Senate may provide for a select committee to be
1472	appointed by the Senate in accordance with its rules for the
1473	purpose of hearing the evidence and making its recommendation to
1474	the Senate as to the removal or reinstatement of the suspended
1475	officer.
1476	(4) The Senate may, in lieu of the use of a select
1477	committee, appoint a special examiner or a special magistrate
1478	masterto receive the evidence and make recommendations to the
1479	Senate.
1480	Section 61. Section 112.43, Florida Statutes, is amended
1481	to read:
1482	112.43 Prosecution of suspension before Senate.--All
1483	suspensions heard by the Senate, a select committee, or special
1484	magistrate master, or examinerin accordance with rules of the
1485	Senate shall be prosecuted by the Governor, the Governor's legal
1486	staff, or an attorney designated by the Governor. Should the
1487	Senate, or the select committee appointed by the Senate to hear
1488	the evidence and to make recommendations, desire private
1489	counsel, either the Senate or the select committee shall be
1490	entitled to employ its own counsel for this purpose. Nothing
1491	herein shall prevent the Senate or its select committee from
1492	making its own investigation and presenting such evidence as its
1493	investigation may reveal. The Governor may request the advice of
1494	the Department of Legal Affairs relative to the suspension order
1495	prior to its issuance by the Governor. Following the issuance of
1496	the suspension order, either the Senate or the select committee
1497	may request the Department of Legal Affairs to provide counsel
1498	for the Senate to advise on questions of law or otherwise advise
1499	with the Senate or the select committee, but the Department of
1500	Legal Affairs shall not be required to prosecute before the
1501	Senate or the committee and shall, pursuant to the terms of this
1502	section, act as the legal adviser only.
1503	Section 62. Section 112.47, Florida Statutes, is amended
1504	to read:
1505	112.47 Hearing before Senate select committee;
1506	notice.--The Senate shall afford each suspended official a
1507	hearing before a select committee or special magistrate, master,
1508	or examiner,and shall notify such suspended official of the
1509	time and place of the hearing sufficiently in advance thereof to
1510	afford such official an opportunity fully and adequately to
1511	prepare such defenses as the official may be advised are
1512	necessary and proper, and all such defenses may be presented by
1513	the official or by the official's attorney. In the furtherance
1514	of this provision the Senate shall adopt sufficient procedural
1515	rules to afford due process both to the Governor in the
1516	presentation of his or her evidence and to the suspended
1517	official, but in the absence of such adoption, this section
1518	shall afford a full and complete hearing, public in nature, as
1519	required by the State Constitution. However, nothing in this
1520	part shall prevent either the select committee or the Senate
1521	from conducting portions of the hearing in executive session if
1522	the Senate rules so provide.
1523	Section 63. Subsection (2) of section 162.03, Florida
1524	Statutes, is amended to read:
1525	162.03 Applicability.--
1526	(2) A charter county, a noncharter county, or a
1527	municipality may, by ordinance, adopt an alternate code
1528	enforcement system that whichgives code enforcement boards or
1529	special magistrates mastersdesignated by the local governing
1530	body, or both, the authority to hold hearings and assess fines
1531	against violators of the respective county or municipal codes
1532	and ordinances. A special magistrate mastershall have the same
1533	status as an enforcement board under this chapter. References in
1534	this chapter to an enforcement board, except in s. 162.05, shall
1535	include a special magistrate masterif the context permits.
1536	Section 64. Subsection (5) of section 162.06, Florida
1537	Statutes, is amended to read:
1538	162.06 Enforcement procedure.--
1539	(5) If the owner of property that whichis subject to an
1540	enforcement proceeding before an enforcement board, special
1541	magistrate master, or court transfers ownership of such property
1542	between the time the initial pleading was served and the time of
1543	the hearing, such owner shall:
1544	(a) Disclose, in writing, the existence and the nature of
1545	the proceeding to the prospective transferee.
1546	(b) Deliver to the prospective transferee a copy of the
1547	pleadings, notices, and other materials relating to the code
1548	enforcement proceeding received by the transferor.
1549	(c) Disclose, in writing, to the prospective transferee
1550	that the new owner will be responsible for compliance with the
1551	applicable code and with orders issued in the code enforcement
1552	proceeding.
1553	(d) File a notice with the code enforcement official of
1554	the transfer of the property, with the identity and address of
1555	the new owner and copies of the disclosures made to the new
1556	owner, within 5 days after the date of the transfer.
1557
1558	A failure to make the disclosures described in paragraphs (a),
1559	(b), and (c) before the transfer creates a rebuttable
1560	presumption of fraud. If the property is transferred before the
1561	hearing, the proceeding shall not be dismissed, but the new
1562	owner shall be provided a reasonable period of time to correct
1563	the violation before the hearing is held.
1564	Section 65. Paragraph (d) of subsection (2) of section
1565	162.09, Florida Statutes, is amended to read:
1566	162.09 Administrative fines; costs of repair; liens.--
1567	(2)
1568	(d) A county or a municipality having a population equal
1569	to or greater than 50,000 may adopt, by a vote of at least a
1570	majority plus one of the entire governing body of the county or
1571	municipality, an ordinance that gives code enforcement boards or
1572	special magistrates masters, or both, authority to impose fines
1573	in excess of the limits set forth in paragraph(a). Such fines
1574	shall not exceed $1,000 per day per violation for a first
1575	violation, $5,000 per day per violation for a repeat violation,
1576	and up to $15,000 per violation if the code enforcement board or
1577	special magistrate masterfinds the violation to be irreparable
1578	or irreversible in nature. In addition to such fines, a code
1579	enforcement board or special magistrate mastermay impose
1580	additional fines to cover all costs incurred by the local
1581	government in enforcing its codes and all costs of repairs
1582	pursuant to subsection (1). Any ordinance imposing such fines
1583	shall include criteria to be considered by the code enforcement
1584	board or special magistrate masterin determining the amount of
1585	the fines, including, but not limited to, those factors set
1586	forth in paragraph (b).
1587	Section 66. Section 173.09, Florida Statutes, is amended
1588	to read:
1589	173.09 Judgment for complainant; special magistrate's
1590	master'ssale; complainant may purchase and later sell.--
1591	(1) Any such decree shall direct the special magistrate
1592	masterthereby appointed to sell the several parcels of land
1593	separately to the highest and best bidder for cash (or, at the
1594	option of complainant, to the extent of special assessments
1595	included in such judgment, for bonds or interest coupons issued
1596	by complainant), at public outcry at the courthouse door of the
1597	county in which such suit is pending, or at such point or place
1598	in the complainant municipality as the court in such final
1599	decree may direct, after having advertised such sale (which
1600	advertisement may include all lands so ordered sold) once each
1601	week for 2 consecutive weeks in some newspaper published in the
1602	city or town in which is the complainant is situated or, if
1603	there isno such newspaper, in a newspaper published in the
1604	county in which the suit is pending, and if all the lands so
1605	advertised for sale be not sold on the day specified in such
1606	advertisement, such sale shall be continued from day to day
1607	until the sale of all such land is completed.
1608	(2) Such sales shall be subject to confirmation by the
1609	court, and the said special magistrate mastershall, upon
1610	confirmation of the sale or sales, deliver to the purchaser or
1611	purchasers at said sale a deed of conveyance of the property so
1612	sold; provided, however, that in any case where any lands are
1613	offered for sale by the special magistrate masterand the sum of
1614	the tax, tax certificates and special assessments, interest,
1615	penalty, costs,and attorney's fee is not bid for the same, the
1616	complainant may bid the whole amount due and the special
1617	magistrate mastershall thereupon convey such parcel or parcels
1618	of land to the complainant.
1619	(3) The property so bid in by complainant shall become its
1620	property in fee simple and may be disposed of by it in the
1621	manner provided by law, except that in the sale or disposition
1622	of any such lands the city or town may, in its discretion,
1623	accept in payment or part payment therefor any bonds or interest
1624	coupons constituting liabilities of said city or town.
1625	Section 67. Section 173.10, Florida Statutes, is amended
1626	to read:
1627	173.10 Judgment for complainant; court may order payment
1628	of other taxes or sale subject to taxes; special magistrate's
1629	master'sconveyances.--
1630	(1) In the judgment or decree the court may, in its
1631	discretion, direct the payment of all unpaid state and county
1632	taxes and also all unpaid city or town taxes and special
1633	assessments or installments thereof, imposed or falling due
1634	since the institution of the suit, with the penalties and costs,
1635	out of the proceeds of such foreclosure sale, or it may order
1636	and direct such sale or sales to be made subject to such state,
1637	and county,and city or town taxes and special assessments.
1638	(2) Any and all conveyances by the special magistrate
1639	mastershall vest in the purchaser the fee simple title to the
1640	property so sold, subject only to such liens for state and
1641	county taxes or taxing districts whose liens are of equal
1642	dignity, and liens for municipal taxes and special assessments,
1643	or installments thereof, as are not directed by the decree of
1644	sale to be paid out of the proceeds of said sale.
1645	Section 68. Section 173.11, Florida Statutes, is amended
1646	to read:
1647	173.11 Distribution of proceeds of sale.--The proceeds of
1648	any foreclosure sale authorized by this chapter shall be
1649	distributed by the special magistrate masterconducting the sale
1650	according to the final decree,and if any surplus remains after
1651	the payment of the full amount of the decree, costs and
1652	attorney's fees, and any subsequent tax liens that whichmay be
1653	directed by such decree to be paid from the proceeds of sale,
1654	such surplus shall be deposited with the clerk of the court and
1655	disbursed under order of the court.
1656	Section 69. Section 173.12, Florida Statutes, is amended
1657	to read:
1658	173.12 Lands may be redeemed prior to sale.--Any person
1659	interested in any lands included in the suit may redeem such
1660	lands at any time prior to the sale thereof by the special
1661	magistrate masterby paying into the registry of the court the
1662	amount due for delinquent taxes, interest and penalties thereon,
1663	and such proportionate part of the expense, attorney's fees,and
1664	costs of suit as may have been fixed by the court in its decree
1665	of sale, or by written stipulation of complainant, and thereupon
1666	such lands shall be dismissed from the cause.
1667	Section 70. Subsection (1) of section 194.013, Florida
1668	Statutes, is amended to read:
1669	194.013 Filing fees for petitions; disposition; waiver.--
1670	(1) If so required by resolution of the value adjustment
1671	board, a petition filed pursuant to s. 194.011 shall be
1672	accompanied by a filing fee to be paid to the clerk of the value
1673	adjustment board in an amount determined by the board not to
1674	exceed $15 for each separate parcel of property, real or
1675	personal, covered by the petition and subject to appeal.
1676	However, no such filing fee may be required with respect to an
1677	appeal from the disapproval of homestead exemption under s.
1678	196.151 or from the denial of tax deferral under s. 197.253.
1679	Only a single filing fee shall be charged under this section as
1680	to any particular parcel of property despite the existence of
1681	multiple issues and hearings pertaining to such parcel. For
1682	joint petitions filed pursuant to s. 194.011(3)(e) or (f), a
1683	single filing fee shall be charged. Such fee shall be calculated
1684	as the cost of the special magistrate masterfor the time
1685	involved in hearing the joint petition and shall not exceed $5
1686	per parcel. Said fee is to be proportionately paid by affected
1687	parcel owners.
1688	Section 71. Paragraph (d) of subsection (1) and
1689	subsections (2) and (6) of section 194.034, Florida Statutes,
1690	are amended to read:
1691	194.034 Hearing procedures; rules.--
1692	(1)
1693	(d) Notwithstanding the provisions of this subsection, no
1694	petitioner may present for consideration, nor may a board or
1695	special magistrate masteraccept for consideration, testimony or
1696	other evidentiary materials that were requested of the
1697	petitioner in writing by the property appraiser of which the
1698	petitioner had knowledge and denied to the property appraiser.
1699	(2) In each case, except when a complaint is withdrawn by
1700	the petitioner or is acknowledged as correct by the property
1701	appraiser, the value adjustment board shall render a written
1702	decision. All such decisions shall be issued within 20 calendar
1703	days of the last day the board is in session under s. 194.032.
1704	The decision of the board shall contain findings of fact and
1705	conclusions of law and shall include reasons for upholding or
1706	overturning the determination of the property appraiser. When a
1707	special magistrate masterhas been appointed, the
1708	recommendations of the special magistrate mastershall be
1709	considered by the board. The clerk, upon issuance of the
1710	decisions, shall, on a form provided by the Department of
1711	Revenue, notify by first-class mail each taxpayer, the property
1712	appraiser, and the department of the decision of the board.
1713	(6) For purposes of hearing joint petitions filed pursuant
1714	to s. 194.011(3)(e), each included parcel shall be considered by
1715	the board as a separate petition. Such separate petitions shall
1716	be heard consecutively by the board. If a special magistrate
1717	masteris appointed, such separate petitions shall all be
1718	assigned to the same special magistrate master.
1719	Section 72. Section 194.035, Florida Statutes, is amended
1720	to read:
1721	194.035 Special magistrates masters; property
1722	evaluators.--
1723	(1) In counties having a population of more than 75,000,
1724	the board shall appoint special magistrates mastersfor the
1725	purpose of taking testimony and making recommendations to the
1726	board, which recommendations the board may act upon without
1727	further hearing. These Such special magistrates mastersmay not
1728	be elected or appointed officials or employees of the county but
1729	shall be selected from a list of those qualified individuals who
1730	are willing to serve as special magistrates masters. Employees
1731	and elected or appointed officials of a taxing jurisdiction or
1732	of the state may not serve as special magistrates masters. The
1733	clerk of the board shall annually notify such individuals or
1734	their professional associations to make known to them that
1735	opportunities to serve as special magistrates mastersexist. The
1736	Department of Revenue shall provide a list of qualified special
1737	magistrates mastersto any county with a population of 75,000 or
1738	less. Subject to appropriation, the department shall reimburse
1739	counties with a population of 75,000 or less for payments made
1740	to special magistrates mastersappointed for the purpose of
1741	taking testimony and making recommendations to the value
1742	adjustment board pursuant to this section. The department shall
1743	establish a reasonable range for payments per case to special
1744	magistrates mastersbased on such payments in other counties.
1745	Requests for reimbursement of payments outside this range shall
1746	be justified by the county. If the total of all requests for
1747	reimbursement in any year exceeds the amount available pursuant
1748	to this section, payments to all counties shall be prorated
1749	accordingly. A special magistrate masterappointed to hear
1750	issues of exemptions and classifications shall be a member of
1751	The Florida Bar with no less than 5 years' experience in the
1752	area of ad valorem taxation. A special magistrate master
1753	appointed to hear issues regarding the valuation of real estate
1754	shall be a state certified real estate appraiser with not less
1755	than 5 years' experience in real property valuation. A special
1756	magistrate masterappointed to hear issues regarding the
1757	valuation of tangible personal property shall be a designated
1758	member of a nationally recognized appraiser's organization with
1759	not less than 5 years' experience in tangible personal property
1760	valuation. A special magistrate masterneed not be a resident of
1761	the county in which he or she serves. A No special magistrate
1762	may not master shall be permitted torepresent a person before
1763	the board in any tax year during which he or she has served that
1764	board as a special magistrate master. The board shall appoint
1765	special magistrates such mastersfrom the list so compiled prior
1766	to convening of the board. The expense of hearings before
1767	special magistrates masters and any compensation of special
1768	magistrates mastersshall be borne three-fifths by the board of
1769	county commissioners and two-fifths by the school board.
1770	(2) The value adjustment board of each county may employ
1771	qualified property appraisers or evaluators to appear before the
1772	value adjustment board at that meeting of the board which is
1773	held for the purpose of hearing complaints. Such property
1774	appraisers or evaluators shall present testimony as to the just
1775	value of any property the value of which is contested before the
1776	board and shall submit to examination by the board, the
1777	taxpayer, and the property appraiser.
1778	Section 73. Section 206.16, Florida Statutes, is amended
1779	to read:
1780	206.16 Officer selling property.--
1781	(1) No sheriff, receiver, assignee, general or special
1782	magistrate master, or other officer shall sell the property or
1783	franchise of any person for failure to pay fuel taxes,
1784	penalties, or interest without first filing with the department
1785	a statement containing the following information:
1786	(a) The name of the plaintiff or party at whose instance
1787	or upon whose account the sale is made;
1788	(b) The name of the person whose property or franchise is
1789	to be sold;
1790	(c) The time and place of sale; and
1791	(d) The nature of the property and the location of the
1792	same.
1793	(2) The department, after receiving notice as aforesaid,
1794	shall furnish to the sheriff, receiver, trustee, assignee,
1795	general or special magistrate master, or other officer having
1796	charge of the sale a certified copy or copies of all fuel taxes,
1797	penalties, and interest on file in the office of the department
1798	as liens against such person, and, in the event there are no
1799	such liens, a certificate showing that fact, which certified
1800	copies or copy of certificate shall be publicly read by such
1801	officer at and immediately before the sale of the property or
1802	franchise of such person.
1803	Section 74. Section 207.016, Florida Statutes, is amended
1804	to read:
1805	207.016 Officer's sale of property or franchise.--
1806	(1) No sheriff, receiver, assignee, general or special
1807	magistrate master, or other officer shall sell the property or
1808	franchise of any person for failure to pay taxes, penalties, or
1809	interest without first filing with the department a statement
1810	containing the following information:
1811	(a) The name of the plaintiff or party at whose instance
1812	or upon whose account the sale is made.
1813	(b) The name of the person whose property or franchise is
1814	to be sold.
1815	(c) The time and place of sale.
1816	(d) The nature of the property and the location of the
1817	same.
1818	(2) The department, after receiving notice as provided in
1819	subsection (1), shall furnish to the sheriff, receiver, trustee,
1820	assignee, general or special magistrate master, or other officer
1821	having charge of the sale a certified copy or copies of all
1822	taxes, penalties, and interest on file in the office of the
1823	department as liens against such person and, in the event there
1824	are no such liens, a certificate showing that fact, which
1825	certified copy or copies of certificate shall be publicly read
1826	by such officer at and immediately before the sale of the
1827	property or franchise of such person.
1828	Section 75. Section 320.411, Florida Statutes, is amended
1829	to read:
1830	320.411 Officer's sale of property or franchise.--
1831	(1) No sheriff, receiver, assignee, general or special
1832	magistrate master, or other officer shall sell the property or
1833	franchise of any motor carrier for failure to pay taxes,
1834	penalties, or interest without first filing with the department
1835	a statement containing the following information:
1836	(a) The name of the plaintiff or party at whose instance
1837	or upon whose account the sale is made.
1838	(b) The name of the motor carrier whose property or
1839	franchise is to be sold.
1840	(c) The time and place of sale.
1841	(d) The nature of the property and the location of the
1842	same.
1843	(2) The department, after receiving notice as provided in
1844	subsection (1), shall furnish to the sheriff, receiver, trustee,
1845	assignee, general or special magistrate master, or other officer
1846	having charge of the sale a certified copy of all taxes,
1847	penalties, and interest on file in the office of the department
1848	as liens against such motor carrier and, in the event there are
1849	no such liens, a certificate showing that fact, which certified
1850	copy or copies of certificate shall be publicly read by such
1851	officer at and immediately before the sale of the property or
1852	franchise of such motor carrier.
1853	Section 76. Subsection (7) of section 393.11, Florida
1854	Statutes, is amended to read:
1855	393.11 Involuntary admission to residential services.--
1856	(7) HEARING.--
1857	(a) The hearing for involuntary admission shall be
1858	conducted, and the order shall be entered, in the county in
1859	which the person is residing or be as convenient to the person
1860	as may be consistent with orderly procedure. The hearing shall
1861	be conducted in a physical setting not likely to be injurious to
1862	the person's condition.
1863	(b) A hearing on the petition shall be held as soon as
1864	practicable after the petition is filed, but reasonable delay
1865	for the purpose of investigation, discovery, or procuring
1866	counsel or witnesses shall be granted.
1867	(c) The court may appoint a general or special magistrate
1868	master to preside. Except as otherwise specified, the
1869	magistrate's master'sproceeding shall be governed by Rule
1870	1.490, Florida Rules of Civil Procedure.
1871	(d) The person with mental retardation shall be physically
1872	present throughout the entire proceeding. If the person's
1873	attorney believes that the person's presence at the hearing is
1874	not in the person's best interest, the person's presence may be
1875	waived once the court has seen the person and the hearing has
1876	commenced.
1877	(e) The person shall have the right to present evidence
1878	and to cross-examine all witnesses and other evidence alleging
1879	the appropriateness of the person's admission to residential
1880	care. Other relevant and material evidence regarding the
1881	appropriateness of the person's admission to residential
1882	services; the most appropriate, least restrictive residential
1883	placement; and the appropriate care, treatment, and habilitation
1884	of the person, including written or oral reports, may be
1885	introduced at the hearing by any interested person.
1886	(f) The petitioning commission may be represented by
1887	counsel at the hearing. The petitioning commission shall have
1888	the right to call witnesses, present evidence, cross-examine
1889	witnesses, and present argument on behalf of the petitioning
1890	commission.
1891	(g) All evidence shall be presented according to chapter
1892	90. The burden of proof shall be on the party alleging the
1893	appropriateness of the person's admission to residential
1894	services. The burden of proof shall be by clear and convincing
1895	evidence.
1896	(h) All stages of each proceeding shall be
1897	stenographically reported.
1898	Section 77. Subsections (6) and (7) of section 394.467,
1899	Florida Statutes, are amended to read:
1900	394.467 Involuntary placement.--
1901	(6) HEARING ON INVOLUNTARY PLACEMENT.--
1902	(a)1. The court shall hold the hearing on involuntary
1903	placement within 5 days, unless a continuance is granted. The
1904	hearing shall be held in the county where the patient is located
1905	and shall be as convenient to the patient as may be consistent
1906	with orderly procedure and shall be conducted in physical
1907	settings not likely to be injurious to the patient's condition.
1908	If the court finds that the patient's attendance at the hearing
1909	is not consistent with the best interests of the patient, and
1910	the patient's counsel does not object, the court may waive the
1911	presence of the patient from all or any portion of the hearing.
1912	The state attorney for the circuit in which the patient is
1913	located shall represent the state, rather than the petitioning
1914	facility administrator, as the real party in interest in the
1915	proceeding.
1916	2. The court may appoint a general or special magistrate
1917	masterto preside at the hearing. One of the professionals who
1918	executed the involuntary placement certificate shall be a
1919	witness. The patient and the patient's guardian or
1920	representative shall be informed by the court of the right to an
1921	independent expert examination. If the patient cannot afford
1922	such an examination, the court shall provide for one. The
1923	independent expert's report shall be confidential and not
1924	discoverable, unless the expert is to be called as a witness for
1925	the patient at the hearing. The testimony in the hearing must be
1926	given under oath, and the proceedings must be recorded. The
1927	patient may refuse to testify at the hearing.
1928	(b) If the court concludes that the patient meets the
1929	criteria for involuntary placement, it shall order that the
1930	patient be transferred to a treatment facility or, if the
1931	patient is at a treatment facility, that the patient be retained
1932	there or be treated at any other appropriate receiving or
1933	treatment facility, or that the patient receive services from a
1934	receiving or treatment facility, on an involuntary basis, for a
1935	period of up to 6 months. The order shall specify the nature and
1936	extent of the patient's mental illness. The facility shall
1937	discharge a patient any time the patient no longer meets the
1938	criteria for involuntary placement, unless the patient has
1939	transferred to voluntary status.
1940	(c) If at any time prior to the conclusion of the hearing
1941	on involuntary placement it appears to the court that the person
1942	does not meet the criteria for involuntary placement under this
1943	chapter, but instead meets the criteria for involuntary
1944	assessment, protective custody, or involuntary admission
1945	pursuant to s. 397.675, then the court may order the person to
1946	be admitted for involuntary assessment for a period of 5 days
1947	pursuant to s. 397.6811. Thereafter, all proceedings shall be
1948	governed by chapter 397.
1949	(d) At the hearing on involuntary placement, the court
1950	shall consider testimony and evidence regarding the patient's
1951	competence to consent to treatment. If the court finds that the
1952	patient is incompetent to consent to treatment, it shall appoint
1953	a guardian advocate as provided in s. 394.4598.
1954	(e) The administrator of the receiving facility shall
1955	provide a copy of the court order and adequate documentation of
1956	a patient's mental illness to the administrator of a treatment
1957	facility whenever a patient is ordered for involuntary
1958	placement, whether by civil or criminal court. Such
1959	documentation shall include any advance directives made by the
1960	patient, a psychiatric evaluation of the patient, and any
1961	evaluations of the patient performed by a clinical psychologist
1962	or a clinical social worker. The administrator of a treatment
1963	facility may refuse admission to any patient directed to its
1964	facilities on an involuntary basis, whether by civil or criminal
1965	court order, who is not accompanied at the same time by adequate
1966	orders and documentation.
1967	(7) PROCEDURE FOR CONTINUED INVOLUNTARY PLACEMENT.--
1968	(a) Hearings on petitions for continued involuntary
1969	placement shall be administrative hearings and shall be
1970	conducted in accordance with the provisions of s. 120.57(1),
1971	except that any order entered by the administrative law judge
1972	hearing officershall be final and subject to judicial review in
1973	accordance with s. 120.68. Orders concerning patients committed
1974	after successfully pleading not guilty by reason of insanity
1975	shall be governed by the provisions of s. 916.15.
1976	(b) If the patient continues to meet the criteria for
1977	involuntary placement, the administrator shall, prior to the
1978	expiration of the period during which the treatment facility is
1979	authorized to retain the patient, file a petition requesting
1980	authorization for continued involuntary placement. The request
1981	shall be accompanied by a statement from the patient's physician
1982	or clinical psychologist justifying the request, a brief
1983	description of the patient's treatment during the time he or she
1984	was involuntarily placed, and an individualized plan of
1985	continued treatment. Notice of the hearing shall be provided as
1986	set forth in s. 394.4599. If at the hearing the administrative
1987	law judge hearing officerfinds that attendance at the hearing
1988	is not consistent with the best interests of the patient, the
1989	administrative law judge hearing officermay waive the presence
1990	of the patient from all or any portion of the hearing, unless
1991	the patient, through counsel, objects to the waiver of presence.
1992	The testimony in the hearing must be under oath, and the
1993	proceedings must be recorded.
1994	(c) Unless the patient is otherwise represented or is
1995	ineligible, he or she shall be represented at the hearing on the
1996	petition for continued involuntary placement by the public
1997	defender of the circuit in which the facility is located.
1998	(d) If at a hearing it is shown that the patient continues
1999	to meet the criteria for involuntary placement, the
2000	administrative law judge shall sign the order for continued
2001	involuntary placement for a period not to exceed 6 months. The
2002	same procedure shall be repeated prior to the expiration of each
2003	additional period the patient is retained.
2004	(e) If continued involuntary placement is necessary for a
2005	patient admitted while serving a criminal sentence, but whose
2006	sentence is about to expire, or for a patient involuntarily
2007	placed while a minor but who is about to reach the age of 18,
2008	the administrator shall petition the administrative law judge
2009	for an order authorizing continued involuntary placement.
2010	(f) If the patient has been previously found incompetent
2011	to consent to treatment, the administrative law judge hearing
2012	officershall consider testimony and evidence regarding the
2013	patient's competence. If the administrative law judge hearing
2014	officerfinds evidence that the patient is now competent to
2015	consent to treatment, the administrative law judge hearing
2016	officermay issue a recommended order to the court that found
2017	the patient incompetent to consent to treatment that the
2018	patient's competence be restored and that any guardian advocate
2019	previously appointed be discharged.
2020	Section 78. Subsection (7) of section 397.311, Florida
2021	Statutes, is amended to read:
2022	397.311 Definitions.--As used in this chapter, except part
2023	VIII:
2024	(7) "Court" means, with respect to all involuntary
2025	proceedings under this chapter, the circuit court of the county
2026	in which the judicial proceeding is pending or where the
2027	substance abuse impaired person resides or is located, and
2028	includes any general or special magistrate masterthat may be
2029	appointed by the chief judge to preside over all or part of such
2030	proceeding. Otherwise, "court" refers to the court of legal
2031	jurisdiction in the context in which the term is used in this
2032	chapter.
2033	Section 79. Subsection (1) of section 397.681, Florida
2034	Statutes, is amended to read:
2035	397.681 Involuntary petitions; general provisions; court
2036	jurisdiction and right to counsel.--
2037	(1) JURISDICTION.--The courts have jurisdiction of
2038	involuntary assessment and stabilization petitions and
2039	involuntary treatment petitions for substance abuse impaired
2040	persons, and such petitions must be filed with the clerk of the
2041	court in the county where the person is located. The chief judge
2042	may appoint a general or special magistrate masterto preside
2043	over all or part of the proceedings. The alleged impaired person
2044	is named as the respondent.
2045	Section 80. Subsection (5) of section 447.207, Florida
2046	Statutes, is amended to read:
2047	447.207 Commission; powers and duties.--
2048	(5) The commission shall adopt rules as to the
2049	qualifications of persons who may serve as mediators and special
2050	magistrates mastersand shall maintain lists of such qualified
2051	persons who are not employees of the commission. The commission
2052	may initiate dispute resolution procedures by special
2053	magistrates masters, pursuant to the provisions of this part.
2054	Section 81. Subsections (2), (3), and (4) of section
2055	447.403, Florida Statutes, are amended to read:
2056	447.403 Resolution of impasses.--
2057	(2)(a) If no mediator is appointed, or upon the request of
2058	either party, the commission shall appoint, and submit all
2059	unresolved issues to, a special magistrate masteracceptable to
2060	both parties. If the parties are unable to agree on the
2061	appointment of a special magistrate master, the commission shall
2062	appoint, in its discretion, a qualified special magistrate
2063	master. However, if the parties agree in writing to waive the
2064	appointment of a special magistrate master, the parties may
2065	proceed directly to resolution of the impasse by the legislative
2066	body pursuant to paragraph (4)(d). Nothing in this section
2067	precludes the parties from using the services of a mediator at
2068	any time during the conduct of collective bargaining.
2069	(b) If the Governor is the public employer, no special
2070	magistrate mastershall be appointed. The parties may proceed
2071	directly to the Legislature for resolution of the impasse
2072	pursuant to paragraph (4)(d).
2073	(3) The special magistrate mastershall hold hearings in
2074	order to define the area or areas of dispute, to determine facts
2075	relating to the dispute, and to render a decision on any and all
2076	unresolved contract issues. The hearings shall be held at times,
2077	dates, and places to be established by the special magistrate
2078	masterin accordance with rules promulgated by the commission.
2079	The special magistrate mastershall be empowered to administer
2080	oaths and issue subpoenas on behalf of the parties to the
2081	dispute or on his or her own behalf. Within 15 calendar days
2082	after the close of the final hearing, the special magistrate
2083	mastershall transmit his or her recommended decision to the
2084	commission and to the representatives of both parties by
2085	registered mail, return receipt requested. Such recommended
2086	decision shall be discussed by the parties, and each
2087	recommendation of the special magistrate mastershall be deemed
2088	approved by both parties unless specifically rejected by either
2089	party by written notice filed with the commission within 20
2090	calendar days after the date the party received the special
2091	magistrate's master'srecommended decision. The written notice
2092	shall include a statement of the cause for each rejection and
2093	shall be served upon the other party.
2094	(4) If eitherthe public employer or the employee
2095	organization does not accept, in whole or in part, the
2096	recommended decision of the special magistrate master:
2097	(a) The chief executive officer of the governmental entity
2098	involved shall, within 10 days after rejection of a
2099	recommendation of the special magistrate master, submit to the
2100	legislative body of the governmental entity involved a copy of
2101	the findings of fact and recommended decision of the special
2102	magistrate master, together with the chief executive officer's
2103	recommendations for settling the disputed impasse issues. The
2104	chief executive officer shall also transmit his or her
2105	recommendations to the employee organization;
2106	(b) The employee organization shall submit its
2107	recommendations for settling the disputed impasse issues to such
2108	legislative body and to the chief executive officer;
2109	(c) The legislative body or a duly authorized committee
2110	thereof shall forthwith conduct a public hearing at which the
2111	parties shall be required to explain their positions with
2112	respect to the rejected recommendations of the special
2113	magistrate master;
2114	(d) Thereafter, the legislative body shall take such
2115	action as it deems to be in the public interest, including the
2116	interest of the public employees involved, to resolve all
2117	disputed impasse issues; and
2118	(e) Following the resolution of the disputed impasse
2119	issues by the legislative body, the parties shall reduce to
2120	writing an agreement which includes those issues agreed to by
2121	the parties and those disputed impasse issues resolved by the
2122	legislative body's action taken pursuant to paragraph(d). The
2123	agreement shall be signed by the chief executive officer and the
2124	bargaining agent and shall be submitted to the public employer
2125	and to the public employees who are members of the bargaining
2126	unit for ratification. If such agreement is not ratified by all
2127	parties, pursuant to the provisions of s. 447.309, the
2128	legislative body's action taken pursuant to the provisions of
2129	paragraph (d) shall take effect as of the date of such
2130	legislative body's action for the remainder of the first fiscal
2131	year which was the subject of negotiations; however, the
2132	legislative body's action shall not take effect with respect to
2133	those disputed impasse issues which establish the language of
2134	contractual provisions which could have no effect in the absence
2135	of a ratified agreement, including, but not limited to,
2136	preambles, recognition clauses, and duration clauses.
2137	Section 82. Section 447.405, Florida Statutes, is amended
2138	to read:
2139	447.405 Factors to be considered by the special magistrate
2140	master.--The special magistrate mastershall conduct the
2141	hearings and render recommended decisions with the objective of
2142	achieving a prompt, peaceful, and just settlement of disputes
2143	between the public employee organizations and the public
2144	employers. The factors, among others, to be given weight by the
2145	special magistrate masterin arriving at a recommended decision
2146	shall include:
2147	(1) Comparison of the annual income of employment of the
2148	public employees in question with the annual income of
2149	employment maintained for the same or similar work of employees
2150	exhibiting like or similar skills under the same or similar
2151	working conditions in the local operating area involved.
2152	(2) Comparison of the annual income of employment of the
2153	public employees in question with the annual income of
2154	employment of public employees in similar public employee
2155	governmental bodies of comparable size within the state.
2156	(3) The interest and welfare of the public.
2157	(4) Comparison of peculiarities of employment in regard to
2158	other trades or professions, specifically with respect to:
2159	(a) Hazards of employment.
2160	(b) Physical qualifications.
2161	(c) Educational qualifications.
2162	(d) Intellectual qualifications.
2163	(e) Job training and skills.
2164	(f) Retirement plans.
2165	(g) Sick leave.
2166	(h) Job security.
2167	(5) Availability of funds.
2168	Section 83. Section 447.407, Florida Statutes, is amended
2169	to read:
2170	447.407 Compensation of mediator and special magistrate
2171	master; expenses.--The compensation of the mediator and special
2172	magistrate master, and all stenographic and other expenses,
2173	shall be borne equally by the parties.
2174	Section 84. Section 447.409, Florida Statutes, is amended
2175	to read:
2176	447.409 Records.--All records that whichare relevant to,
2177	or have a bearing upon, any issue or issues raised by the
2178	proceedings conducted by the special magistrate mastershall be
2179	made available to the special magistrate masterby a request in
2180	writing to any of the parties to the impasse proceedings. Notice
2181	of such request must shallbe furnished to all parties. Any such
2182	records that which are made available to the special magistrate
2183	must master shallalso be made available to any other party to
2184	the impasse proceedings, upon written request.
2185	Section 85. Subsection (1) of section 475.011, Florida
2186	Statutes, is amended to read:
2187	475.011 Exemptions.--This part does not apply to:
2188	(1) Any person acting as an attorney in fact for the
2189	purpose of the execution of contracts or conveyances only; as an
2190	attorney at law within the scope of her or his duties as such;
2191	as a certified public accountant, as defined in chapter 473,
2192	within the scope of her or his duties as such; as the personal
2193	representative, receiver, trustee, or general or special
2194	magistrate masterunder, or by virtue of, an appointment by will
2195	or by order of a court of competent jurisdiction; or as trustee
2196	under a deed of trust, or under a trust agreement, the ultimate
2197	purpose and intent whereof is charitable, is philanthropic, or
2198	provides for those having a natural right to the bounty of the
2199	donor or trustor.
2200	Section 86. Paragraphs (d), (f), (g), (h), and (j) of
2201	subsection (5) of section 489.127, Florida Statutes, are amended
2202	to read:
2203	489.127 Prohibitions; penalties.--
2204	(5) Each county or municipality may, at its option,
2205	designate one or more of its code enforcement officers, as
2206	defined in chapter 162, to enforce, as set out in this
2207	subsection, the provisions of subsection (1) and s. 489.132(1)
2208	against persons who engage in activity for which a county or
2209	municipal certificate of competency or license or state
2210	certification or registration is required.
2211	(d) The act for which the citation is issued shall be
2212	ceased upon receipt of the citation; and the person charged with
2213	the violation shall elect either to correct the violation and
2214	pay the civil penalty in the manner indicated on the citation
2215	or, within 10 days of receipt of the citation, exclusive of
2216	weekends and legal holidays, request an administrative hearing
2217	before the enforcement or licensing board or designated special
2218	magistrate masterto appeal the issuance of the citation by the
2219	code enforcement officer.
2220	1. Hearings shall be held before an enforcement or
2221	licensing board or designated special magistrate masteras
2222	established by s. 162.03(2), and such hearings shall be
2223	conducted pursuant to the requirements of ss. 162.07 and 162.08.
2224	2. Failure of a violator to appeal the decision of the
2225	code enforcement officer within the time period set forth in
2226	this paragraph shall constitute a waiver of the violator's right
2227	to an administrative hearing. A waiver of the right to an
2228	administrative hearing shall be deemed an admission of the
2229	violation, and penalties may be imposed accordingly.
2230	3. If the person issued the citation, or his or her
2231	designated representative, shows that the citation is invalid or
2232	that the violation has been corrected prior to appearing before
2233	the enforcement or licensing board or designated special
2234	magistrate master, the enforcement or licensing board or
2235	designated special magistrate mastermay dismiss the citation
2236	unless the violation is irreparable or irreversible.
2237	4. Each day a willful, knowing violation continues shall
2238	constitute a separate offense under the provisions of this
2239	subsection.
2240	(f) If the enforcement or licensing board or designated
2241	special magistrate masterfinds that a violation exists, the
2242	enforcement or licensing board or designated special magistrate
2243	mastermay order the violator to pay a civil penalty of not less
2244	than the amount set forth on the citation but not more than
2245	$1,000 per day for each violation. In determining the amount of
2246	the penalty, the enforcement or licensing board or designated
2247	special magistrate mastershall consider the following factors:
2248	1. The gravity of the violation.
2249	2. Any actions taken by the violator to correct the
2250	violation.
2251	3. Any previous violations committed by the violator.
2252	(g) Upon written notification by the code enforcement
2253	officer that a violator had not contested the citation or paid
2254	the civil penalty within the timeframe allowed on the citation,
2255	or if a violation has not been corrected within the timeframe
2256	set forth on the notice of violation, the enforcement or
2257	licensing board or the designated special magistrate master
2258	shall enter an order ordering the violator to pay the civil
2259	penalty set forth on the citation or notice of violation, and a
2260	hearing shall not be necessary for the issuance of such order.
2261	(h) A certified copy of an order imposing a civil penalty
2262	against an uncertified contractor may be recorded in the public
2263	records and thereafter shall constitute a lien against any real
2264	or personal property owned by the violator. Upon petition to the
2265	circuit court, such order may be enforced in the same manner as
2266	a court judgment by the sheriffs of this state, including a levy
2267	against personal property; however, such order shall not be
2268	deemed to be a court judgment except for enforcement purposes. A
2269	civil penalty imposed pursuant to this part shall continue to
2270	accrue until the violator comes into compliance or until
2271	judgment is rendered in a suit to foreclose on a lien filed
2272	pursuant to this subsection, whichever occurs first. After 3
2273	months from the filing of any such lien which remains unpaid,
2274	the enforcement board or licensing board or designated special
2275	magistrate mastermay authorize the local governing body's
2276	attorney to foreclose on the lien. No lien created pursuant to
2277	the provisions of this part may be foreclosed on real property
2278	which is a homestead under s. 4, Art. X of the State
2279	Constitution.
2280	(j) An aggrieved party, including the local governing
2281	body, may appeal a final administrative order of an enforcement
2282	board or licensing board or designated special magistrate master
2283	to the circuit court. Such an appeal shall not be a hearing de
2284	novo but shall be limited to appellate review of the record
2285	created before the enforcement board or licensing board or
2286	designated special magistrate master. An appeal shall be filed
2287	within 30 days of the execution of the order to be appealed.
2288	Section 87. Paragraphs (d), (f), (g), (h), and (j) of
2289	subsection (4) of section 489.531, Florida Statutes, are amended
2290	to read:
2291	489.531 Prohibitions; penalties.--
2292	(4) Each county or municipality may, at its option,
2293	designate one or more of its code enforcement officers, as
2294	defined in chapter 162, to enforce, as set out in this
2295	subsection, the provisions of subsection (1) against persons who
2296	engage in activity for which county or municipal certification
2297	is required.
2298	(d) The act for which the citation is issued shall be
2299	ceased upon receipt of the citation; and the person charged with
2300	the violation shall elect either to correct the violation and
2301	pay the civil penalty in the manner indicated on the citation
2302	or, within 10 days of receipt of the citation, exclusive of
2303	weekends and legal holidays, request an administrative hearing
2304	before the enforcement or licensing board or designated special
2305	magistrate masterto appeal the issuance of the citation by the
2306	code enforcement officer.
2307	1. Hearings shall be held before an enforcement or
2308	licensing board or designated special magistrate masteras
2309	established by s. 162.03(2) and such hearings shall be conducted
2310	pursuant to ss. 162.07 and 162.08.
2311	2. Failure of a violator to appeal the decision of the
2312	code enforcement officer within the time period set forth in
2313	this paragraph shall constitute a waiver of the violator's right
2314	to an administrative hearing. A waiver of the right to
2315	administrative hearing shall be deemed an admission of the
2316	violation and penalties may be imposed accordingly.
2317	3. If the person issued the citation, or his or her
2318	designated representative, shows that the citation is invalid or
2319	that the violation has been corrected prior to appearing before
2320	the enforcement or licensing board or designated special
2321	magistrate master, the enforcement or licensing board or
2322	designated special magistrate mastershall dismiss the citation
2323	unless the violation is irreparable or irreversible.
2324	4. Each day a willful, knowing violation continues shall
2325	constitute a separate offense under the provisions of this
2326	subsection.
2327	(f) If the enforcement or licensing board or designated
2328	special magistrate masterfinds that a violation exists, the
2329	enforcement or licensing board or designated special magistrate
2330	mastermay order the violator to pay a civil penalty of not less
2331	than the amount set forth on the citation but not more than $500
2332	per day for each violation. In determining the amount of the
2333	penalty, the enforcement or licensing board or designated
2334	special magistrate mastershall consider the following factors:
2335	1. The gravity of the violation.
2336	2. Any actions taken by the violator to correct the
2337	violation.
2338	3. Any previous violations committed by the violator.
2339	(g) Upon written notification by the code enforcement
2340	officer that a violator had not contested the citation or paid
2341	the civil penalty within the timeframe allowed on the citation,
2342	or if a violation has not been corrected within the timeframe
2343	set forth on the notice of violation, the enforcement or
2344	licensing board or the designated special magistrate master
2345	shall enter an order ordering the violator to pay the civil
2346	penalty set forth on the citation or notice of violation, and a
2347	hearing shall not be necessary for the issuance of such order.
2348	(h) A certified copy of an order imposing a civil penalty
2349	against an uncertified contractor may be recorded in the public
2350	records and thereafter shall constitute a lien against any real
2351	or personal property owned by the violator. Upon petition to the
2352	circuit court, such order may be enforced in the same manner as
2353	a court judgment by the sheriffs of this state, including a levy
2354	against personal property; however, such order shall not be
2355	deemed to be a court judgment except for enforcement purposes.
2356	A civil penalty imposed pursuant to this part shall continue to
2357	accrue until the violator comes into compliance or until
2358	judgment is rendered in a suit to foreclose on a lien filed
2359	pursuant to this section, whichever occurs first. After 3 months
2360	from the filing of any such lien which remains unpaid, the
2361	enforcement or licensing board or designated special magistrate
2362	mastermay authorize the local governing body's attorney to
2363	foreclose on the lien. No lien created pursuant to the
2364	provisions of this part may be foreclosed on real property which
2365	is a homestead under s. 4, Art. X of the State Constitution.
2366	(j) An aggrieved party, including the local governing
2367	body, may appeal a final administrative order of an enforcement
2368	or licensing board or special designated special magistrate
2369	masterto the circuit court. Such an appeal shall not be a
2370	hearing de novo but shall be limited to appellate review of the
2371	record created before the enforcement or licensing board or
2372	designated special magistrate master. An appeal shall be filed
2373	within 30 days of the execution of the order to be appealed.
2374	Section 88. Subsection (1) of section 496.420, Florida
2375	Statutes, is amended to read:
2376	496.420 Civil remedies and enforcement.--
2377	(1) In addition to other remedies authorized by law, the
2378	department may bring a civil action in circuit court to enforce
2379	ss. 496.401-496.424 or s. 496.426. Upon a finding that any
2380	person has violated any of these sections, a court may make any
2381	necessary order or enter a judgment including, but not limited
2382	to, a temporary or permanent injunction, a declaratory judgment,
2383	the appointment of a general or special magistrate masteror
2384	receiver, the sequestration of assets, the reimbursement of
2385	persons from whom contributions have been unlawfully solicited,
2386	the distribution of contributions in accordance with the
2387	charitable or sponsor purpose expressed in the registration
2388	statement or in accordance with the representations made to the
2389	person solicited, the reimbursement of the department for
2390	investigative costs, attorney's fees and costs, and any other
2391	equitable relief the court finds appropriate. Upon a finding
2392	that any person has violated any provision of ss. 496.401-
2393	496.424 or s. 496.426 with actual knowledge or knowledge fairly
2394	implied on the basis of objective circumstances, a court may
2395	enter an order imposing a civil penalty in an amount not to
2396	exceed $10,000 per violation.
2397	Section 89. Subsection (3) of section 501.207, Florida
2398	Statutes, is amended to read:
2399	501.207 Remedies of enforcing authority.--
2400	(3) Upon motion of the enforcing authority or any
2401	interested party in any action brought under subsection (1), the
2402	court may make appropriate orders, including, but not limited
2403	to, appointment of a general or special magistrate masteror
2404	receiver or sequestration or freezing of assets, to reimburse
2405	consumers or governmental entities found to have been damaged;
2406	to carry out a transaction in accordance with the reasonable
2407	expectations of consumers or governmental entities; to strike or
2408	limit the application of clauses of contracts to avoid an
2409	unconscionable result; to order any defendant to divest herself
2410	or himself of any interest in any enterprise, including real
2411	estate; to impose reasonable restrictions upon the future
2412	activities of any defendant to impede her or him from engaging
2413	in or establishing the same type of endeavor; to order the
2414	dissolution or reorganization of any enterprise; or to grant
2415	legal, equitable, or other appropriate relief. The court may
2416	assess the expenses of a general or special magistrate masteror
2417	receiver against a person who has violated, is violating, or is
2418	otherwise likely to violate this part. Any injunctive order,
2419	whether temporary or permanent, issued by the court shall be
2420	effective throughout the state unless otherwise provided in the
2421	order.
2422	Section 90. Section 501.618, Florida Statutes, is amended
2423	to read:
2424	501.618 General civil remedies.--The department may bring:
2425	(1) An action to obtain a declaratory judgment that an act
2426	or practice violates the provisions of this part.
2427	(2) An action to enjoin a person who has violated, is
2428	violating, or is otherwise likely to violate the provisions of
2429	this part.
2430	(3) An action on behalf of one or more purchasers for the
2431	actual damages caused by an act or practice performed in
2432	violation of the provisions of this part. Such an action may
2433	include, but is not limited to, an action to recover against a
2434	bond, letter of credit, or certificate of deposit as otherwise
2435	provided in this part.
2436
2437	Upon motion of the enforcing authority in any action brought
2438	under this section, the court may make appropriate orders,
2439	including appointment of a general or special magistrate master
2440	or receiver or sequestration of assets, to reimburse consumers
2441	found to have been damaged, to carry out a consumer transaction
2442	in accordance with the consumer's reasonable expectations, or to
2443	grant other appropriate relief. The court may assess the
2444	expenses of a general or special magistrate masteror receiver
2445	against a commercial telephone seller. Any injunctive order,
2446	whether temporary or permanent, issued by the court shall be
2447	effective throughout the state unless otherwise provided in the
2448	order.
2449	Section 91. Subsection (6) of section 559.936, Florida
2450	Statutes, is amended to read:
2451	559.936 Civil penalties; remedies.--
2452	(6) Upon motion of the department in any action brought
2453	under this part, the court may make appropriate orders,
2454	including appointment of a general or special magistrate master
2455	or receiver or sequestration of assets, to reimburse consumers
2456	found to have been damaged, to carry out a consumer transaction
2457	in accordance with the consumer's reasonable expectations, or to
2458	grant other appropriate relief.
2459	Section 92. Subsection (1) of section 582.23, Florida
2460	Statutes, is amended to read:
2461	582.23 Performance of work under the regulations by the
2462	supervisors.--
2463	(1) The supervisors may go upon any lands within the
2464	district to determine whether land use regulations adopted are
2465	being observed. Where the supervisors of any district shall find
2466	that any of the provisions of land use regulations adopted are
2467	not being observed on particular lands, and that such
2468	nonobservance tends to increase erosion on such lands and is
2469	interfering with the prevention or control of erosion on other
2470	lands within the district, the supervisors may present to the
2471	circuit court for the county or counties within which the lands
2472	of the defendant may lie, a petition, duly verified, setting
2473	forth the adoption of the land use regulations, the failure of
2474	the defendant landowner or occupier to observe such regulations,
2475	and to perform particular work, operations, or avoidances as
2476	required thereby, and that such nonobservance tends to increase
2477	erosion on such lands and is interfering with the prevention or
2478	control of erosion on other lands within the district, and
2479	praying the court to require the defendant to perform the work,
2480	operations, or avoidances within a reasonable time and to order
2481	that if the defendant shall fail so to perform the supervisors
2482	may go on the land, perform the work or other operations or
2483	otherwise bring the condition of such lands into conformity with
2484	the requirements of such regulations, and recover the costs and
2485	expenses thereof, with interest, from the owner of such land.
2486	Upon the presentation of such petition the court shall cause
2487	process to be issued against the defendant, and shall hear the
2488	case. If it shall appear to the court that testimony is
2489	necessary for the proper disposition of the matter, it may take
2490	evidence or appoint a special magistrate masterto take such
2491	evidence as it may direct and report the same to the court
2492	within her or his findings of fact and conclusions of law, which
2493	shall constitute a part of the proceedings upon which the
2494	determination of the court shall be made.
2495	Section 93. Subsection (2) of section 631.182, Florida
2496	Statutes, is amended to read:
2497	631.182 Receiver claims report and claimants objections
2498	procedure.--
2499	(2) At the hearing, any interested person is entitled to
2500	appear. The hearing shall not be de novo but shall be limited to
2501	the record as described in s. 631.181(2). The court shall enter
2502	an order allowing, allowing in part, or disallowing the claim.
2503	Any such order is deemed to be an appealable order. In the
2504	interests of judicial economy, the court may appoint a special
2505	magistrate masterto resolve objections or to perform any
2506	particular service required by the court. This subsection shall
2507	apply to receivership proceedings commencing prior to, or
2508	subsequent to, July 1, 1997.
2509	Section 94. Subsections (3) and (4) of section 631.331,
2510	Florida Statutes, are amended to read:
2511	631.331 Assessment prima facie correct; notice; payment;
2512	proceeding to collect.--
2513	(3) If any such member or subscriber fails to pay the
2514	assessment within the period specified in the notice, which
2515	period shall not be less than 20 days after mailing, the
2516	department may obtain an order in the delinquency proceeding
2517	requiring the member or subscriber to show cause at a time and
2518	place fixed by the court why judgment should not be entered
2519	against such member or subscriber for the amount of the
2520	assessment, together with all costs., andA copy of the order
2521	and a copy of the petition therefor shall be served upon the
2522	member or subscriber within the time and in the manner
2523	designated in the order.
2524	(4) If the subscriber or member after due service of a
2525	copy of the order and petition referred to in subsection (3) is
2526	made upon her or him:
2527	(a) Fails to appear at the time and place specified in the
2528	order, judgment shall be entered against her or him as prayed
2529	for in the petition; or
2530	(b) Appears in the manner and form required by law in
2531	response to the order, the court shall hear and determine the
2532	matter and enter a judgment in accordance with its decision. In
2533	the interests of judicial economy, the court may appoint a
2534	special magistrate masterto resolve objections or to perform
2535	any particular service required by the court. This paragraph
2536	shall apply to receivership proceedings commencing prior to, or
2537	subsequent to, July 1, 1997.
2538	Section 95. Subsection (2) of section 633.052, Florida
2539	Statutes, is amended to read:
2540	633.052 Ordinances relating to firesafety; definitions;
2541	penalties.--
2542	(2) A county or municipality that whichhas created a code
2543	enforcement board or special magistrate mastersystem pursuant
2544	to chapter 162 may enforce firesafety code violations as
2545	provided in chapter 162. The governing body of a county or
2546	municipality which has not created a code enforcement board or
2547	special magistrate mastersystem for firesafety under chapter
2548	162 is authorized to enact ordinances relating to firesafety
2549	codes, which ordinances shall provide:
2550	(a) That a violation of such an ordinance is a civil
2551	infraction.
2552	(b) A maximum civil penalty not to exceed $500.
2553	(c) A civil penalty of less than the maximum civil penalty
2554	if the person who has committed the civil infraction does not
2555	contest the citation.
2556	(d) For the issuance of a citation by an officer who has
2557	probable cause to believe that a person has committed a
2558	violation of an ordinance relating to firesafety.
2559	(e) For the contesting of a citation in the county court.
2560	(f) Such procedures and provisions necessary to implement
2561	any ordinances enacted under the authority of this section.
2562	Section 96. Subsection (2) of section 744.369, Florida
2563	Statutes, is amended to read:
2564	744.369 Judicial review of guardianship reports.--
2565	(2) The court may appoint general or special magistrates
2566	mastersto assist the court in its review function. The court
2567	may require the general or special magistrate masterto conduct
2568	random field audits.
2569	Section 97. Subsection (11) of section 760.11, Florida
2570	Statutes, is amended to read:
2571	760.11 Administrative and civil remedies; construction.--
2572	(11) If a complaint is within the jurisdiction of the
2573	commission, the commission shall simultaneously with its other
2574	statutory obligations attempt to eliminate or correct the
2575	alleged discrimination by informal methods of conference,
2576	conciliation, and persuasion. Nothing said or done in the course
2577	of such informal endeavors may be made public or used as
2578	evidence in a subsequent civil proceeding, trial, or hearing.
2579	The commission may initiate dispute resolution procedures,
2580	including voluntary arbitration, by special magistrates masters
2581	or mediators. The commission may adopt rules as to the
2582	qualifications of persons who may serve as special magistrates
2583	mastersand mediators.
2584	Section 98. Subsection (1) of section 837.011, Florida
2585	Statutes, is amended to read:
2586	837.011 Definitions.--In this chapter, unless a different
2587	meaning plainly is required:
2588	(1) "Official proceeding" means a proceeding heard, or
2589	which may be or is required to be heard, before any legislative,
2590	judicial, administrative, or other governmental agency or
2591	official authorized to take evidence under oath, including any
2592	referee, general or special magistrate master in chancery,
2593	administrative law judge, hearing officer, hearing examiner,
2594	commissioner, notary, or other person taking testimony or a
2595	deposition in connection with any such proceeding.
2596	Section 99. Subsection (6) of section 838.014, Florida
2597	Statutes, is amended to read:
2598	838.014 Definitions.--As used in this chapter, the term:
2599	(6) "Public servant" means:
2600	(a) Any officer or employee of a state, county, municipal,
2601	or special district agency or entity;
2602	(b) Any legislative or judicial officer or employee;
2603	(c) Any person, except a witness, who acts as a general or
2604	special magistrate master, receiver, auditor, arbitrator,
2605	umpire, referee, consultant, or hearing officer while performing
2606	a governmental function; or
2607	(d) A candidate for election or appointment to any of the
2608	positions listed in this subsection, or an individual who has
2609	been elected to, but has yet to officially assume the
2610	responsibilities of, public office.
2611	Section 100. Section 839.17, Florida Statutes, is amended
2612	to read:
2613	839.17 Misappropriation of moneys by commissioners to make
2614	sales.--Any commissioner or general or special magistrate master
2615	in chancery, having received the purchase money or the
2616	securities resulting from any of the sales authorized by law,
2617	who shall fail to deliver such moneys and securities, or either
2618	of them, to the executor or administrator, or the person
2619	entitled to receive the same, upon the order of the court,
2620	unless she or he is rendered unable to do so by some cause not
2621	attributable to her or his own default or neglect, shall be
2622	fined in a sum equal to the amount received from the purchaser,
2623	and commits shall be guilty ofa felony of the second degree,
2624	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2625	Section 101. Paragraph (a) of subsection (3) of section
2626	916.107, Florida Statutes, is amended to read:
2627	916.107 Rights of forensic clients.--
2628	(3) RIGHT TO EXPRESS AND INFORMED CONSENT.--
2629	(a) A client committed to the department pursuant to this
2630	act shall be asked to give express and informed written consent
2631	for treatment. If a client in a forensic facility refuses such
2632	treatment as is deemed necessary by the client's
2633	multidisciplinary treatment team at the forensic facility for
2634	the appropriate care of the client and the safety of the client
2635	or others, such treatment may be provided under the following
2636	circumstances:
2637	1. In an emergency situation in which there is immediate
2638	danger to the safety of the client or others, such treatment may
2639	be provided upon the written order of a physician for a period
2640	not to exceed 48 hours, excluding weekends and legal holidays.
2641	If, after the 48-hour period, the client has not given express
2642	and informed consent to the treatment initially refused, the
2643	administrator or designee of the forensic facility shall, within
2644	48 hours, excluding weekends and legal holidays, petition the
2645	committing court or the circuit court serving the county in
2646	which the facility is located, at the option of the facility
2647	administrator or designee, for an order authorizing the
2648	continued treatment of the client. In the interim, treatment may
2649	be continued without the consent of the client upon the
2650	continued written order of a physician who has determined that
2651	the emergency situation continues to present a danger to the
2652	safety of the client or others.
2653	2. In a situation other than an emergency situation, the
2654	administrator or designee of the forensic facility shall
2655	petition the court for an order authorizing the treatment to the
2656	client. The order shall allow such treatment for a period not to
2657	exceed 90 days from the date of the entry of the order. Unless
2658	the court is notified in writing that the client has provided
2659	express and informed consent in writing or that the client has
2660	been discharged by the committing court, the administrator or
2661	designee shall, prior to the expiration of the initial 90-day
2662	order, petition the court for an order authorizing the
2663	continuation of treatment for another 90-day period. This
2664	procedure shall be repeated until the client provides consent or
2665	is discharged by the committing court.
2666	3. At the hearing on the issue of whether the court should
2667	enter an order authorizing treatment for which a client has
2668	refused to give express and informed consent, the court shall
2669	determine by clear and convincing evidence that the client is
2670	mentally ill, retarded, or autistic as defined in this chapter,
2671	that the treatment not consented to is essential to the care of
2672	the client, and that the treatment not consented to is not
2673	experimental and does not present an unreasonable risk of
2674	serious, hazardous, or irreversible side effects. In arriving at
2675	the substitute judgment decision, the court must consider at
2676	least the following factors:
2677	a. The client's expressed preference regarding treatment;
2678	b. The probability of adverse side effects;
2679	c. The prognosis without treatment; and
2680	d. The prognosis with treatment.
2681
2682	The hearing shall be as convenient to the client as may be
2683	consistent with orderly procedure and shall be conducted in
2684	physical settings not likely to be injurious to the client's
2685	condition. The court may appoint a general or special magistrate
2686	masterto preside at the hearing. The client or the client's
2687	guardian, and the representative, shall be provided with a copy
2688	of the petition and the date, time, and location of the hearing.
2689	The client has the right to have an attorney represent him or
2690	her at the hearing, and, if the client is indigent, the court
2691	shall appoint the office of the public defender to represent the
2692	client at the hearing. The client may testify or not, as he or
2693	she chooses, and has the right to cross-examine witnesses and
2694	may present his or her own witnesses.
2695	Section 102. Subsection (11) of section 938.30, Florida
2696	Statutes, is amended to read:
2697	938.30 Financial obligations in criminal cases;
2698	supplementary proceedings.--
2699	(11) The court may refer any proceeding under this section
2700	to a special magistrate masterwho shall report findings and
2701	make recommendations to the court. The court shall act on such
2702	recommendations within a reasonable amount of time.
2703	Section 103. Subsection (3) of section 945.43, Florida
2704	Statutes, is amended to read:
2705	945.43 Admission of inmate to mental health treatment
2706	facility.--
2707	(3) PROCEDURE FOR HEARING ON TRANSFER OF AN INMATE FOR
2708	MENTAL HEALTH TREATMENT.--If the inmate does not waive a hearing
2709	or if the inmate or the inmate's representative files a petition
2710	for a hearing after having waived it, the court shall serve
2711	notice on the warden of the facility where the inmate is
2712	confined, the director, and the allegedly mentally ill inmate.
2713	The notice shall specify the date, time, and place of the
2714	hearing; the basis for the allegation of mental illness; and the
2715	names of the examining experts. The hearing shall be held within
2716	5 days, and the court may appoint a general or special
2717	magistrate masterto preside. The hearing may be as informal as
2718	is consistent with orderly procedure. One of the experts whose
2719	opinion supported the recommendation shall be present at the
2720	hearing for information purposes. If, at the hearing, the court
2721	finds that the inmate is mentally ill and in need of care and
2722	treatment, it shall order that he or she be transferred to a
2723	mental health treatment facility and provided appropriate
2724	treatment. The court shall provide a copy of its order
2725	authorizing transfer and all supporting documentation relating
2726	to the inmate's condition to the warden of the treatment
2727	facility. If the court finds that the inmate is not mentally
2728	ill, it shall dismiss the petition for transfer.
2729	Section 104. This act shall take effect October 1, 2004.