Senate Bill sb2962c1

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    Florida Senate - 2004                           CS for SB 2962

    By the Committee on Judiciary; and Senators Smith and
    Villalobos




    308-2282-04

  1                      A bill to be entitled

  2         An act relating to the judicial system;

  3         amending s. 25.241, F.S.; establishing a fee to

  4         be paid by counsel appearing pro hac vice

  5         before the Supreme Court; increasing the filing

  6         fee for Supreme Court cases docketed and

  7         specifying disposition and uses of fees

  8         collected; amending s. 25.383, F.S.; providing

  9         duties of the circuit Article V indigent

10         services committee with respect to court

11         reporting; amending s. 25.384, F.S.; revising

12         purposes for which Court Education Trust Fund

13         moneys must be used; amending s. 27.02, F.S.;

14         revising the authority of the state attorney to

15         enter into contracts with local governments for

16         prosecution of local ordinances; amending s.

17         27.34, F.S.; revising the authority of counties

18         or municipalities to contract with state

19         attorneys for prosecution of local ordinances;

20         authorizing the state attorney to expend funds

21         for computer systems; amending s. 27.40, F.S.;

22         providing minimum qualifications for

23         court-appointed counsel in certain cases;

24         requiring each circuit Article V indigent

25         services committee to develop procedures for

26         periodic review of each conflict counsel's

27         qualifications and competency; requiring a

28         report; amending s. 27.42, F.S.; clarifying

29         when a circuit Article V indigent services

30         committee must maintain a registry of counsel;

31         amending s. 27.51, F.S.; clarifying public

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    Florida Senate - 2004                           CS for SB 2962
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 1         defender's duties of representation in certain

 2         cases; amending s. 27.52, F.S.; clarifying

 3         other services to be provided to indigents;

 4         requiring clerk to provide assistance to

 5         indigents under certain circumstances;

 6         providing for court notification; clarifying

 7         fees to be charged; amending s. 27.5303, F.S.;

 8         providing uniform standards for determining

 9         counsel's conflict of interest in certain

10         cases; requiring the trial attorney for an

11         indigent defendant in a death sentence case to

12         ensure that an appellate attorney is appointed

13         for that defendant; amending s. 27.5304, F.S.;

14         providing compensation for certain

15         court-appointed counsel in certain cases;

16         amending s. 27.54, F.S.; revising the authority

17         of the public defender to contract with local

18         government for defense in local ordinance

19         violations; amending s. 28.24, F.S.; clarifying

20         access to public records by court personnel,

21         state attorneys, statewide prosecutors, and

22         public defenders; amending s. 28.2401, F.S.;

23         increasing the additional service charge in

24         probate matters to fund court education and

25         clerk education; authorizing a county to impose

26         a surcharge on court fees and charges if it had

27         previously imposed increased fees and charges

28         to pay principal and interest on bonds issued

29         to finance state court facilities; authorizing

30         the use of surcharge revenue to refund existing

31         bonds under specified conditions; amending s.

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    Florida Senate - 2004                           CS for SB 2962
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 1         28.2402, F.S.; reducing the filing fee for a

 2         county or municipality to file a code or

 3         ordinance violation in court; providing a court

 4         cost to be assessed against the nonprevailing

 5         party; providing for deposit of the court cost;

 6         increasing a filing fee to fund court education

 7         and clerk education; amending s. 28.241, F.S.;

 8         authorizing a county to impose a surcharge on

 9         court fees and charges if it had previously

10         imposed increased fees and charges to pay

11         principal and interest on bonds issued to

12         finance state court facilities; authorizing the

13         use of surcharge revenue to refund existing

14         bonds under specified conditions; revising

15         payment and distribution of filing fees for

16         trial and appellate proceedings; providing

17         exemptions to fees under certain circumstances;

18         establishing a fee to be paid by counsel

19         appearing pro hac vice before the circuit

20         court; amending s. 28.245, F.S.; providing for

21         distribution of funds by clerks of the court to

22         certain entities; providing for distribution

23         based upon time of collection; amending s.

24         28.246, F.S.; modifying the reporting of

25         discretionary fines and monetary penalties

26         assessed and collected; providing a service

27         charge for partial payments; limiting the

28         amount that may be paid in fees and costs for

29         collection services to collect unpaid court

30         fees, fines, court costs, and other costs;

31         amending s. 28.345, F.S.; adding to the list of

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    Florida Senate - 2004                           CS for SB 2962
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 1         those exempt from all fees and charges assessed

 2         by the clerk of the circuit court; amending s.

 3         28.35, F.S.; deleting requirement that the

 4         Clerk of Court Operations Conference publish a

 5         schedule of fines, fees, and other costs;

 6         amending s. 28.36, F.S.; revising what may be

 7         included as revenue in budgets of clerks of

 8         court for court-related functions; providing

 9         for discretionary certification; clarifying

10         that the budget is a revenue budget; specifying

11         a time for transmission of revenue deficit

12         certifications; providing for estimated

13         expenditures in lieu of actual expenditures

14         under certain circumstances; amending s. 28.37,

15         F.S.; changing the date for remittance of

16         revenue by the clerk of the court; revising

17         payment procedure; deleting Department of

18         Revenue authority to adopt rules providing for

19         penalties for failure to comply with

20         remittance; amending s. 29.005, F.S.;

21         clarifying witnesses to be paid from state

22         revenue when summoned by a state attorney;

23         creating s. 29.0051, F.S.; requiring that trial

24         expenses of the statewide prosecutor be paid by

25         the state; amending s. 29.006, F.S.; clarifying

26         witnesses to be paid from state revenue when

27         summoned by a public defender; amending s.

28         29.007, F.S.; clarifying witnesses to be paid

29         from state funds; requiring that certain

30         expenses of court-appointed counsel must be in

31         accordance with policies of the circuit Article

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    Florida Senate - 2004                           CS for SB 2962
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 1         V indigent services committee; amending s.

 2         29.008, F.S.; requiring counties to provide

 3         sign-language interpreter services for certain

 4         persons; clarifying county funding requirements

 5         for certain equipment and support staff;

 6         creating s. 29.0085, F.S.; creating the

 7         Judicial Information Integration Competency

 8         Center to develop and implement integrated

 9         computer systems for the state courts system;

10         providing for the center to be administratively

11         housed within the Justice Administrative

12         Commission; providing for a steering committee,

13         a data requirements workgroup, and a data

14         network integration workgroup and the members

15         thereof; specifying the duties of the steering

16         committee and the workgroups; providing for

17         reimbursement for certain expenses of the

18         members; prohibiting a rule or order that

19         directs or controls the development or

20         operation of the integrated computer systems of

21         the state courts system; providing an

22         appropriation and authorizing additional

23         positions; amending s. 29.016, F.S.; revising

24         purposes for which judicial branch contingency

25         funds may be used; amending s. 34.01, F.S.;

26         revising a cross-reference to court rules;

27         deleting redundant material; amending s.

28         34.041, F.S.; modifying filing fees in county

29         court; providing for disposition of certain

30         filing fees; increasing a filing fee to fund

31         court education and clerk education;

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    Florida Senate - 2004                           CS for SB 2962
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 1         authorizing a county to impose a surcharge on

 2         court fees and charges if it had previously

 3         imposed increased fees and charges to pay

 4         principal and interest on bonds issued to

 5         finance state court facilities; authorizing the

 6         use of surcharge revenue to refund existing

 7         bonds under specified conditions; providing a

 8         fee for reopening a case and providing certain

 9         exemptions; establishing a fee to be paid by

10         counsel appearing pro hac vice in county court;

11         amending s. 34.191, F.S.; providing for

12         collection of fees, fines, court costs, and

13         other costs in cases tried in county court;

14         limiting the amount that may be paid in fees

15         and costs in such collection; amending s.

16         35.22, F.S.; establishing a fee to be paid by

17         counsel appearing pro hac vice before a

18         district court of appeal; increasing the filing

19         fee for district court of appeal cases docketed

20         and specifying disposition and uses of fees

21         collected; amending s. 40.29, F.S.; revising

22         the way certain due process services are paid

23         by the clerk of the court and the Justice

24         Administrative Commission; amending s. 40.32,

25         F.S.; clarifying the type of witness payments

26         to be made by the clerk of the court; amending

27         s. 44.108, F.S.; clarifying that the filing fee

28         for funding of mediation and arbitration is an

29         additional fee; providing authority to the

30         Trial Court Budget Commission to set fees for

31         mediation services pursuant to guidelines

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    Florida Senate - 2004                           CS for SB 2962
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 1         established by the Supreme Court; amending s.

 2         45.031, F.S.; increasing the clerk's service

 3         charge for services relating to judicial sales;

 4         creating s. 50.0711, F.S.; providing for

 5         publication of the court docket; providing for

 6         funding; amending s. 55.10, F.S.; clarifying

 7         that money paid to clerk is service charge and

 8         not fee; amending s. 55.141, F.S.; revising a

 9         cross-reference; clarifying the activity for

10         which a service charge is paid; clarifying that

11         money paid to clerk is service charge and not

12         fee; creating s. 55.312, F.S.; imposing a

13         service charge on certain money judgments and

14         settlement agreements in excess of a specified

15         amount, except for dissolution of marriage;

16         providing for disposition of the proceeds of

17         the charge; providing for the service charge to

18         be paid by any party or allocated to more than

19         one party; requiring the Department of Revenue

20         to adopt rules to provide for remitting such

21         charge to the department for deposition;

22         prohibiting an attorney from disbursing certain

23         proceeds until service charge is paid;

24         requiring the Department of Revenue to report

25         to the Legislature each year on the amount

26         received in the prior calendar year; amending

27         s. 57.085, F.S.; revising terminology; amending

28         s. 61.14, F.S.; increasing the fee for a

29         delinquent payment; amending s. 61.181, F.S.;

30         deleting a requirement for periodic reenactment

31         of certain clerk fees on child support

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    Florida Senate - 2004                           CS for SB 2962
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 1         payments; amending s. 125.69, F.S.; providing

 2         for prosecutions for violations of county

 3         ordinances to be brought in the name of the

 4         state; deleting a provision authorizing certain

 5         persons to prosecute special laws and county

 6         ordinances; authorizing a county to contract

 7         with the public defender for representation in

 8         certain cases; amending s. 129.02, F.S.;

 9         deleting a cross-reference; amending s. 142.01,

10         F.S.; clarifying deposits into the fine and

11         forfeiture fund; amending s. 166.0415, F.S.;

12         providing for prosecution of a municipal

13         ordinance violation in county court under

14         certain circumstances; amending s. 218.245,

15         F.S.; providing for distribution of revenues to

16         a municipality under certain circumstances;

17         amending s. 318.14, F.S.; clarifying deposits

18         into the fine and forfeiture fund; amending s.

19         318.15, F.S.; increasing service charges in

20         certain traffic infraction cases; providing for

21         remittance; providing for deposit into the

22         clerk of court fine and forfeiture fund;

23         providing an additional fee for deposit into

24         the Highway Safety Operating Trust Fund;

25         amending s. 318.18, F.S.; increasing civil

26         penalties for failure to comply in traffic

27         infraction cases; providing for distribution of

28         court cost; authorizing a county to impose a

29         surcharge on traffic fines and forfeitures if

30         it had previously imposed increased fees or

31         charges to pay principal and interest on bonds

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    Florida Senate - 2004                           CS for SB 2962
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 1         issued to finance state court facilities;

 2         authorizing the use of surcharge revenue to

 3         refund existing bonds under specified

 4         conditions; amending s. 318.21, F.S.; deleting

 5         a distribution to the General Revenue Fund;

 6         deleting a distribution of funds to certain

 7         county programs; amending s. 321.05, F.S.;

 8         providing a cross-reference; amending s.

 9         327.73, F.S.; increasing dismissal fees and

10         maximum court costs that may be imposed in

11         noncriminal infraction cases; amending s.

12         372.72, F.S.; providing a cross-reference;

13         amending s. 382.023, F.S.; clarifying that the

14         clerk retains a service charge relating to

15         dissolution of marriage records; amending s.

16         384.288, F.S.; deleting specification of source

17         of payment by county of certain court costs;

18         amending s. 392.68, F.S.; deleting

19         specification of source of payment by county of

20         certain court costs; amending s. 394.473, F.S.;

21         providing for state payment of certain

22         attorney's and witness' fees; amending s.

23         395.3025, F.S.; deleting

24         cross-references;amending s. 397.334;

25         clarifying that counties may use service

26         dollars provided to them by state agencies or

27         other grants for drug courts; amending s.

28         588.20, F.S.; removing authority for the county

29         to pay deficits incurred in the sale of certain

30         livestock from fine and forfeiture fund;

31         amending s. 713.24, F.S.; clarifying that money

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    Florida Senate - 2004                           CS for SB 2962
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 1         paid to clerk is service charge and not fee;

 2         amending s. 721.83, F.S.; clarifying filing

 3         fees and service charges to be paid by

 4         plaintiff in time-share property consolidated

 5         actions for foreclosure; amending s. 744.365,

 6         F.S.; providing for waiver of auditing fee;

 7         amending s. 744.3678, F.S.; providing for

 8         waiver of auditing fee; amending s. 766.104,

 9         F.S.; increasing filing fees in medical

10         negligence cases; amending s. 849.19, F.S.;

11         adding a cross-reference; amending s. 849.22,

12         F.S.; removing authority for county to pay

13         clerk and sheriff fees out of fine and

14         forfeiture fund; amending s. 849.44, F.S.;

15         adding a cross-reference; amending s. 903.26,

16         F.S.; adding a cross-reference; amending s.

17         925.09, F.S.; revising the source of funds used

18         to pay for physician autopsies; amending s.

19         938.17, F.S.; authorizing a board of county

20         commissioners to adopt an ordinance that

21         incorporates the provisions of the act;

22         providing funding for a teen court and other

23         programs through the assessment of an

24         additional court cost against each person who

25         pleads guilty or nolo contendere to, or is

26         convicted of, a violation of a criminal law, an

27         ordinance, or a traffic offense in the county;

28         providing for administration by the clerk of

29         the circuit court; authorizing the clerk of the

30         court to retain a specified percentage of the

31         assessments collected as income to the clerk of

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    Florida Senate - 2004                           CS for SB 2962
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 1         the court; requiring the teen court to account

 2         for all funds deposited into the teen court

 3         account; requiring a report to the board of

 4         county commissioners by a specified date;

 5         authorizing specified organizations to operate

 6         and administer a teen court program; amending

 7         s. 938.29, F.S.; reducing the permissible

 8         contingent fee for collecting fees and costs

 9         arising from use of public defender, or

10         similar, services; amending s. 938.35, F.S.;

11         providing for collection of court-ordered

12         financial obligations; limiting the amount that

13         may be paid in fees and costs in such

14         collection; amending s. 939.18, F.S.; providing

15         that additional court costs assessed may be

16         used to fund legal aid programs and public law

17         libraries; declaring intent to fund due-process

18         services in an efficient manner; authorizing

19         the state court system, state attorneys, public

20         defenders, and court-appointed counsel to

21         contract to share costs; providing

22         authorization to recover the costs of certain

23         state-funded and county-funded trial court

24         services from persons with an ability to pay;

25         authorizing the chief judge of a circuit court

26         to determine fees for such services; requesting

27         the Division of Statutory Revision to

28         redesignate the title of ch. 40, F.S.;

29         providing for payment of certain financial

30         obligations in implementing revised Section 14

31         of Article V of the State Constitution;

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    Florida Senate - 2004                           CS for SB 2962
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 1         providing that cash balances within county

 2         funds previously established to fund specific

 3         court-related programs shall continue to fund

 4         those programs; repealing s. 11.75, F.S.,

 5         relating to the Joint Legislative Committee on

 6         Article V; repealing s. 40.30, F.S., relating

 7         to payments of jurors and witnesses; providing

 8         an effective date.

 9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Section 25.241, Florida Statutes, is

13  amended to read:

14         25.241  Clerk of Supreme Court; compensation;

15  assistants; filing fees, etc.--

16         (1)  The Clerk of the Supreme Court shall be paid an

17  annual salary to be determined in accordance with s. 25.382.

18         (2)  The Clerk of the Supreme Court is authorized to

19  employ such deputies and clerical assistants as may be

20  necessary. Their number and compensation shall be approved by

21  the court.  The compensation of such employees shall be paid

22  from the annual appropriation for the Supreme Court.

23         (3)  The Clerk of the Supreme Court is hereby required

24  to collect, upon the filing of a certified copy of a notice of

25  appeal or petition, $400 $250 for each case docketed, and for

26  copying, certifying, or furnishing opinions, records, papers,

27  or other instruments, except as otherwise herein provided, the

28  same fees that are allowed clerks of the circuit court;

29  however, no fee shall be less than $1.  The State of Florida

30  or its agencies, when appearing as appellant or petitioner, is

31  exempt from the filing fees required in this subsection. From

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    Florida Senate - 2004                           CS for SB 2962
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 1  each attorney appearing pro hac vice, the Clerk of the Supreme

 2  Court shall collect an additional fee of $100.

 3         (4)  The Clerk of the Supreme Court is hereby

 4  authorized, immediately after a case is disposed of, to supply

 5  the judge who tried the case and from whose order, judgment,

 6  or decree, appeal or other review is taken and any court which

 7  reviewed it, a copy of all opinions, orders, or judgments

 8  filed in such case. Copies of opinions, orders, and decrees

 9  shall be furnished in all cases to each attorney of record;

10  copies for publication in Florida reports shall be without

11  charge; and copies furnished to the law book publishers shall

12  be at one-half the regular statutory fee.

13         (5)  The Clerk of the Supreme Court is hereby required

14  to prepare a statement of all fees collected in duplicate each

15  month and remit one copy of such statement, together with all

16  fees collected by him or her, to the Chief Financial Officer,

17  who shall place the same to the credit of the General Revenue

18  Fund. The Chief Financial Officer shall deposit $300 of each

19  $400 filing fee and all other fees collected into the state

20  General Revenue Fund.  The Chief Financial Officer shall

21  deposit $100 of each filing fee collected into the state

22  courts' Grants and Donations Trust Fund to fund court

23  improvement projects as authorized in the General

24  Appropriations Act.

25         Section 2.  Section 25.383, Florida Statutes, as

26  amended by section 2 of chapter 2003-402, Laws of Florida, is

27  amended to read:

28         25.383  Standards for court reporters; procedures;

29  rules of professional conduct, discipline, and training, and

30  compensation.--

31  

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    Florida Senate - 2004                           CS for SB 2962
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 1         (1)  The Supreme Court shall establish minimum

 2  standards and procedures for qualifications, certification,

 3  discipline, and training for court reporters. The Supreme

 4  Court may appoint or employ such personnel as are necessary to

 5  assist the court in exercising its powers and performing its

 6  duties under this section.

 7         (2)  The circuit Article V indigent services committee

 8  shall establish the method for providing court reporting in

 9  the circuit and the fees a court reporter may charge. This

10  subsection does not prohibit court reporting services by state

11  employees.

12         Section 3.  Paragraph (a) of subsection (2) of section

13  25.384, Florida Statutes, as amended by section 3 of chapter

14  3002-402, Laws of Florida, is amended to read:

15         25.384  Court Education Trust Fund.--

16         (2)(a)  The trust fund moneys shall be used to provide

17  education and training for judges and other court personnel as

18  defined and determined by the Florida Court Educational

19  Council. In addition, funds may be used for the development

20  and implementation of an educational program for the clerks of

21  court as set forth in s. 145.051(2).

22         Section 4.  Subsection (1) of section 27.02, Florida

23  Statutes, as amended by section 6 of chapter 2003-402, Laws of

24  Florida, is amended to read:

25         27.02  Duties before court.--

26         (1)(a)  The state attorney shall appear in the circuit

27  and county courts within his or her judicial circuit and

28  prosecute or defend on behalf of the state all suits,

29  applications, or motions, civil or criminal, in which the

30  state is a party, except as provided in chapters 39, 984, and

31  

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 1  985. The intake procedures of chapters 39, 984, and 985 shall

 2  apply as provided therein.

 3         (b)  The state attorney shall not appear in the circuit

 4  and county courts within his or her judicial circuit for the

 5  purpose of prosecuting violations of special laws, unless

 6  expressly authorized, or violations of county or municipal

 7  ordinances if the prosecution is, unless ancillary to a state

 8  prosecution or if the state attorney has contracted for full

 9  reimbursement, or for reimbursement as the parties otherwise

10  agree, to be the county's or municipality's prosecuting

11  attorney, as provided in s. 125.69 and authorized by the

12  prosecuting attorney of the county.

13         Section 5.  Subsections (1) and (2) of section 27.34,

14  Florida Statutes, as amended by section 10 of chapter

15  2003-402, Laws of Florida, are amended, and subsection (4) is

16  added to that section, to read:

17         27.34  Limitations on payment of salaries and other

18  related costs of state attorneys' offices other than by the

19  state.--

20         (1)  A county or municipality may not contract with the

21  state attorney of the judicial circuit in which the county or

22  municipality is located, or appropriate or contribute funds to

23  the operation of, the various state attorneys for the

24  prosecution of violations of special laws, unless expressly

25  authorized, or ordinances of the county or municipality. The

26  contract must provide for full reimbursement, or as the

27  parties otherwise agree regarding reimbursement, unless

28  ancillary to a state prosecution. Persons employed by the

29  county or municipality may be provided to the state attorney

30  to serve as special investigators pursuant to the provisions

31  of s. 27.251.

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 1         (2)  A It is hereby prohibited for any state attorney

 2  or assistant state attorney may not to receive from any county

 3  or municipality any supplemental salary, except as provided in

 4  this section.

 5         (4)  The state attorney may expend funds for the

 6  purchase of computer systems, including associated hardware

 7  and software, and for personnel related to this function.

 8         Section 6.  Subsections (4), (8), and (9) of section

 9  27.40, Florida Statutes, are amended to read:

10         27.40  Court-appointed counsel; circuit registries;

11  minimum requirements; appointment by court.--

12         (4)  Except when a circuit Article V indigent services

13  committee establishes higher qualifications, the minimum

14  qualifications for court-appointed counsel for the following

15  types of cases are as follows:

16         (a)  Criminal cases.--Before the time of appointment,

17  the attorney must:

18         1.  Be a member in good standing of The Florida Bar.

19         2.  Have attended within the previous 12 months a

20  minimum of 10 hours of continuing legal education approved by

21  The Florida Bar and devoted to criminal law.

22         3.  Meet the following experience requirements:

23         a.  In misdemeanor cases, have been a member of The

24  Florida Bar for at least 1 year and an experienced and active

25  trial practitioner with no fewer than three state or federal

26  jury or nonjury trials.

27         b.  In juvenile cases, have been a member of The

28  Florida Bar for at least 1 year and an experienced and active

29  trial practitioner with no fewer than three delinquency

30  dispositions or three state or federal jury or nonjury trials.

31  

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 1         c.  In third-degree felony cases, have been a member of

 2  The Florida Bar for at least 2 years and an experienced and

 3  active trial practitioner with no fewer than three state or

 4  federal jury or nonjury trials.

 5         d.  In second-degree felony cases, have been a member

 6  of The Florida Bar for at least 2 years and an experienced and

 7  active trial practitioner with no fewer than seven state or

 8  federal jury trials.

 9         e.  In first-degree felony cases, life felony cases,

10  capital felony cases, capital sexual battery cases, and cases

11  under part V of chapter 394, involuntary civil commitment of

12  sexually violent predators, have been a member of The Florida

13  Bar for at least 5 years and an experienced and active trial

14  practitioner with no fewer than 10 state or federal jury

15  trials.

16         f.  In capital death penalty cases, have the

17  qualifications as provided in Florida Rules of Criminal

18  Procedure 3.112(f) and (g).

19         (b)  Criminal appellate cases.--Before the time of

20  appointment, the attorney must:

21         1.  Be a member in good standing of The Florida Bar.

22         2.  Have attended within the previous 12 months a

23  minimum of 10 hours of continuing legal education approved by

24  The Florida Bar and devoted to appellate law.

25         3.  Meet the following experience requirements:

26         a.  In misdemeanor and third-degree felony appeals,

27  have been a member of The Florida Bar for at least 2 years and

28  be an experienced and active trial or appellate practitioner

29  in the field of criminal law or have experience in the appeal

30  of at least three criminal cases.

31  

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 1         b.  In noncapital felony appeals and appeals from a

 2  case under part V of chapter 394, involuntary civil commitment

 3  of sexually violent predators, have been a member of The

 4  Florida Bar for at least 3 years and be an experienced and

 5  active practitioner in the field of appellate criminal law or

 6  have experience in the appeal of at least five criminal cases.

 7         c.  In capital death penalty appeals, have the

 8  qualifications as provided in Florida Rule of Criminal

 9  Procedure 3.112(h).

10         (c)  Dependency cases.--Before the time of appointment,

11  the attorney must:

12         1.  Be a member in good standing of The Florida Bar.

13         2.  Meet the following experience requirements:

14         a.  In dependency cases, have observed a total of 30

15  hours of hearings, including six shelter hearings, three

16  dependency hearings, and one termination-of-parental-rights

17  hearing and have attended at least 3 hours of continuing legal

18  education at the Dependency Court Improvement Project

19  Conference, or an equivalent in the 12 months before

20  appointment.

21         b.  In termination-of-parental-rights cases, have tried

22  at least 10 cases or have 1 year of dependency experience.

23         c.  In appellate cases, have at least 3 years'

24  experience in dependency or appellate law and must have been

25  lead counsel in at least three contested dependency trials and

26  three contested termination-of-parental-rights trials or

27  demonstrate knowledge through experience in the practice of

28  family law. To be eligible for court appointment, an attorney

29  must be a member in good standing of The Florida Bar in

30  addition to any other qualifications specified by general law.

31  

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 1         (8)  Subject to the attorney-client and, work-product

 2  privilege, an attorney who withdraws or is removed from

 3  representation shall deliver all files, notes, documents, and

 4  research to the successor attorney within 15 days after

 5  receiving notice from the successor attorney. The successor

 6  attorney shall bear the cost of transmitting all files, notes,

 7  documents, and research.

 8         (9)  A circuit Article V indigent services committee or

 9  any interested person may advise the court of any circumstance

10  affecting the quality of representation, including, but not

11  limited to, false or fraudulent billing, misconduct, failure

12  to meet continuing legal education requirements, solicitation

13  to receive compensation from the defendant or other client the

14  attorney is appointed to represent, or failure to file

15  appropriate motions in a timely manner. By January 1, 2005,

16  each circuit Article V indigent services committee must

17  develop and report to the President of the Senate and the

18  Speaker of the House of Representatives procedures for

19  periodic review of each conflict counsel's qualifications and

20  competency in representing defendants or other clients the

21  attorney is appointed to represent.

22         Section 7.  Paragraph (b) of subsection (2) of section

23  27.42, Florida Statutes, is amended to read:

24         27.42  Circuit Article V indigent services committees;

25  composition; staff; responsibilities; funding.--

26         (2)

27         (b)  The circuit Article V indigent services committee

28  shall maintain a registry pursuant to s. 27.40, even when

29  unless procuring counsel through a competitive bidding

30  process. The committee shall apply the eligibility and

31  performance standards set by the Legislature, if any, after

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 1  receiving recommendations from the Article V Indigent Services

 2  Advisory Board, for the appropriate category of case.

 3         Section 8.  Subsections (1) and (4) of section 27.51,

 4  Florida Statutes, as amended by section 15 of chapter

 5  2003-402, Laws of Florida, are amended to read:

 6         27.51  Duties of public defender.--

 7         (1)  The public defender shall represent, without

 8  additional compensation, any person who is determined to be

 9  indigent as provided in s. 27.52 and who is:

10         (a)  Under arrest for, or is charged with, a felony;

11         (b)  Under arrest for, or is charged with, a

12  misdemeanor authorized for prosecution by the state attorney,

13  a violation of chapter 316 which is punishable by

14  imprisonment, or criminal contempt, a violation of a municipal

15  or county ordinance in the county court if the prosecution is

16  ancillary to a state prosecution, or any other violation of

17  any municipal or county ordinance, unless the court, prior to

18  trial, files in the cause an order of no imprisonment as

19  provided in s. 27.512 which states that the defendant will not

20  be imprisoned if he or she is convicted;

21         (c)  Alleged to be a delinquent child pursuant to a

22  petition filed before a circuit court;

23         (d)  Sought by petition filed in such court to be

24  involuntarily placed as a mentally ill person or sexually

25  violent predator or involuntarily admitted to residential

26  services as a person with developmental disabilities. However,

27  a public defender does not have the authority to represent any

28  person who is a plaintiff in a civil action brought under the

29  Florida Rules of Civil Procedure, the Federal Rules of Civil

30  Procedure, or the federal statutes, or who is a petitioner in

31  

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 1  an administrative proceeding challenging a rule under chapter

 2  120, unless specifically authorized by statute; or

 3         (e)  Convicted and sentenced to death, for purposes of

 4  a direct prosecuting an appeal to the Supreme Court; or.

 5         (f)  Appealing a matter in a case arising under

 6  paragraphs (a)-(d).

 7         (4)  The public defender for a judicial circuit

 8  enumerated in this subsection shall, after the record on

 9  appeal is transmitted to the appellate court by the office of

10  the public defender which handled the trial and if requested

11  by any public defender within the indicated appellate

12  district, handle all felony appeals from the circuit courts or

13  district courts of appeal to the state and federal courts

14  required of the official making such request:

15         (a)  Public defender of the second judicial circuit, on

16  behalf of any public defender within the district comprising

17  the First District Court of Appeal.

18         (b)  Public defender of the tenth judicial circuit, on

19  behalf of any public defender within the district comprising

20  the Second District Court of Appeal.

21         (c)  Public defender of the eleventh judicial circuit,

22  on behalf of any public defender within the district

23  comprising the Third District Court of Appeal.

24         (d)  Public defender of the fifteenth judicial circuit,

25  on behalf of any public defender within the district

26  comprising the Fourth District Court of Appeal.

27         (e)  Public defender of the seventh judicial circuit,

28  on behalf of any public defender within the district

29  comprising the Fifth District Court of Appeal.

30  

31  

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 1         Section 9.  Subsections (1) and (2) of section 27.52,

 2  Florida Statutes, as amended by section 16 of chapter

 3  2003-402, Laws of Florida, are amended to read:

 4         27.52  Determination of indigence.--

 5         (1)  The clerk of the circuit court shall determine the

 6  indigence of each person applying for appointment of a public

 7  defender or private attorney or any other court-related

 8  services based on indigence. This determination may be made at

 9  any stage of the proceedings. Before appointing the public

10  defender or a private attorney, or providing any other

11  court-related service based on indigence, the court shall

12  receive the determination of indigence from the clerk. If the

13  clerk has not made this determination at the time a person

14  requests appointment of a public defender or private attorney

15  or provision of any other court-related services, the court

16  shall make a preliminary determination of indigence, pending

17  verification by the clerk. The applicant may seek review of

18  the clerk's determination denying indigence in the court

19  having jurisdiction over the matter at the next scheduled

20  hearing.

21         (2)(a)  Any person applying for appointment of a public

22  defender or private attorney or any other due-process

23  court-related services based on indigence shall pay a $40

24  application fee to the clerk of court and submit a completed

25  affidavit containing the financial information required under

26  paragraph (f). The clerk of court must assist a person who

27  requests assistance in completing the affidavit containing

28  financial information, and the clerk must notify the court if

29  a person is unable to complete the affidavit after the clerk

30  has provided assistance. Only one fee may be charged for a

31  clerk's determination of indigence, regardless of whether the

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 1  request is for court-appointed counsel or other due-process

 2  services.

 3         (b)  The person shall pay the application fee at the

 4  time the financial affidavit is filed or within 7 days

 5  thereafter. If not paid within 7 days, the applicant shall be

 6  enrolled by the clerk in a payment program to recover unpaid

 7  fees, in full, with periodic payment amounts corresponding to

 8  the applicant's ability to pay.

 9         (c)  A defendant found to be indigent may not be

10  refused counsel or any other due-process court-related

11  services based on indigence for failure to pay the application

12  fee. The defendant shall pay a separate application fee for

13  each affidavit filed.

14         (d)  If the court finds that the accused person

15  applying for representation appears to be indigent based upon

16  the financial affidavit required under paragraph (f), the

17  court shall appoint the public defender or a private attorney

18  to provide representation. If the application fee is not paid

19  prior to the disposition of the case, the clerk shall advise

20  the sentencing judge of this fact and the court shall:

21         1.  Assess the application fee as part of the sentence

22  or as a condition of probation; or

23         2.  Assess the application fee pursuant to s. 938.29.

24  

25  If the clerk finds discrepancies between the financial

26  affidavit and his or her investigation of assets, the clerk

27  shall submit the information to the court and the court shall

28  determine whether the public defender or private attorney

29  shall continue representation. The defendant may be heard

30  regarding the information discovered by the clerk. If the

31  court, based on the information provided, determines that the

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 1  defendant is not indigent, the court shall order the public

 2  defender or private attorney to discontinue representation.

 3  Notwithstanding any provision of law or local order to the

 4  contrary, the clerk of the court shall assign the first $40 of

 5  any fees or costs paid by an indigent defendant as payment of

 6  the application fee. In no event may should a person found to

 7  be indigent be refused counsel or other due-process services

 8  for failure to pay the fee.

 9         (e)  All application fees shall be transferred monthly

10  by the clerk of the court to the Department of Revenue for

11  deposit to the Indigent Criminal Defense Trust Fund,

12  administered by the Justice Administrative Commission, to be

13  used to supplement the general revenue funds appropriated by

14  the Legislature to the public defenders. The clerk of the

15  court may retain 2 percent of application fees collected

16  monthly for administrative costs prior to remitting the

17  remainder to the Department of Revenue.

18         (f)  The affidavit must contain the following financial

19  information and calculations as to the applicant's income:

20         1.  Net income.--Total salary and wages, minus

21  deductions required by law, including court-ordered support

22  payments.

23         2.  Other income.--Including, but not limited to,

24  social security benefits, union funds, veterans' benefits,

25  workers' compensation, other regular support from absent

26  family members, public or private employee pensions,

27  unemployment compensation, dividends, interest, rent, trusts,

28  and gifts.

29         3.  Assets.--Including, but not limited to, cash,

30  savings accounts, bank accounts, stocks, bonds, certificates

31  

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 1  of deposit, equity in real estate, and equity in a boat or a

 2  motor vehicle or in other tangible property.

 3         (g)  The income of an applicant who is a minor or an

 4  adult tax-dependent person who is substantially supported by a

 5  parent or parents or by a guardian, or who continues to be

 6  claimed as a dependent for tax purposes, shall include the

 7  income of that dependent person's parent or parents or

 8  guardian, except a parent or guardian who has an adverse

 9  interest in the proceeding.

10         (h)  In addition to the financial information, the

11  affidavit must contain the following statement: "I, ... (name

12  of applicant)..., agree to report any change in my financial

13  situation to the court."

14         Section 10.  Paragraph (d) of subsection (1) and

15  paragraph (a) of subsection (4) of section 27.5303, Florida

16  Statutes, are amended to read:

17         27.5303  Public defenders; conflict of interest.--

18         (1)

19         (d)  In determining whether or not there is a conflict

20  of interest, the public defender and the court shall apply the

21  uniform standards for use in conflict of interest cases found

22  in appendix B of the final report of the Article V Indigent

23  Services Advisory Board dated January 6, 2004 standards

24  adopted by the Legislature after receiving recommendations

25  from the Article V Indigent Services Advisory Board.

26         (4)(a)  If a defendant is convicted and the death

27  sentence is imposed on an indigent defendant represented by

28  the public defender or private trial counsel, whether or not

29  court appointed, who is not qualified or is unable to

30  represent the defendant in the appeal, that attorney shall

31  ensure that the public defender or a qualified private

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 1  court-appointed appellate counsel is appointed timely to

 2  represent the indigent defendant on appeal to the Supreme

 3  Court. The private court-appointed counsel who represents the

 4  defendant in a capital appeal shall be compensated as provided

 5  in s. 27.5304., the appointed attorney shall continue

 6  representation through appeal to the Supreme Court. The

 7  attorney shall be compensated as provided in s. 27.5304. If

 8  the attorney first appointed is unable to handle the appeal,

 9  the court shall appoint another attorney and that attorney

10  shall be compensated as provided in s. 27.5304.

11         Section 11.  Section 27.5304, Florida Statutes, is

12  amended to read:

13         27.5304  Private court-appointed counsel;

14  compensation.--

15         (1)  Private court-appointed counsel shall be

16  compensated by the Justice Administrative Commission as

17  provided in this section in accordance with standards adopted

18  by the Legislature after receiving recommendations from the

19  Article V Indigent Services Advisory Board. However,

20  compensation shall not exceed the maximum fee limits

21  established by this section. The attorney also shall be

22  reimbursed for reasonable and necessary expenses in accordance

23  with s. 29.007. If the attorney is representing a defendant

24  charged with more than one offense in the same case, the

25  attorney shall be compensated at the rate provided for the

26  most serious offense for which he or she represented the

27  defendant. This section does not allow stacking of the fee

28  limits established by this section.

29         (2)  Prior to filing a motion for an order approving

30  payment of attorney's fees, costs, or related expenses, the

31  private court-appointed counsel shall deliver a copy of the

                                  26

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 1  intended billing, together with supporting affidavits and all

 2  other necessary documentation, to the Justice Administrative

 3  Commission. The Justice Administrative Commission shall review

 4  the billings, affidavit, and documentation for completeness

 5  and compliance with contractual and statutory requirements. If

 6  the Justice Administrative Commission objects to any portion

 7  of the proposed billing, the objection and reasons therefor

 8  shall be communicated to the private court-appointed counsel.

 9  The private court-appointed counsel may thereafter file his or

10  her motion for order approving payment of attorney's fees,

11  costs, or related expenses together with supporting affidavits

12  and all other necessary documentation. The motion must specify

13  whether the Justice Administrative Commission objects to any

14  portion of the billing or the sufficiency of documentation

15  and, if so, the reasons therefor. A copy of the motion and

16  attachments shall be served on the Justice Administrative

17  Commission. The Justice Administrative Commission shall have

18  standing to appear before the court to contest any motion for

19  order approving payment of attorney's fees, costs, or related

20  expenses. The Justice Administrative Commission may contract

21  with other public or private entities or individuals to appear

22  before the court for the purpose of contesting any motion for

23  order approving payment of attorney's fees, costs, or related

24  expenses. The fact that the Justice Administrative Commission

25  has not objected to any portion of the billing or to the

26  sufficiency of the documentation is not binding on the court.

27  The court retains primary authority and responsibility for

28  determining the reasonableness of all billings for fees,

29  costs, and related expenses, subject to statutory limitations.

30         (3)  The compensation for representation in a criminal

31  proceeding; an appeal from a criminal proceeding, other than a

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 1  capital appeal; a dependency proceeding; and an appeal from a

 2  dependency proceeding must be established by a circuit Article

 3  V indigent services committee. proceeding shall not exceed the

 4  following:

 5         (a)1.  For misdemeanors and juveniles represented at

 6  the trial level: $1,000.

 7         2.  For noncapital, nonlife felonies represented at the

 8  trial level: $2,500.

 9         3.  For life felonies represented at the trial level:

10  $3,000.

11         4.  For capital cases represented at the trial level:

12  $3,500.

13         5.  For representation on appeal: $2,000.

14         (b)  If a death sentence is imposed and affirmed on

15  appeal to the Supreme Court, the appointed attorney shall be

16  allowed compensation, not to exceed $1,000, for attorney's

17  fees and costs incurred in representing the defendant as to an

18  application for executive clemency, with compensation to be

19  paid out of general revenue from funds budgeted to the

20  Department of Corrections.

21         (4)  Private counsel appointed by the court to

22  represent a defendant in a capital death penalty case must be

23  compensated at a reasonable hourly rate established by the

24  circuit Article V indigent services committee commensurate

25  with the difficulty of the case and approved by the court, but

26  the minimum compensation for the attorney in a death penalty

27  case is $10,000. By January 1, 2004, the Article V Indigent

28  Services Advisory Board shall recommend to the Legislature any

29  adjustments to existing compensation schedules for criminal

30  proceedings and any proposed compensation standards for

31  private attorneys providing representation in civil

                                  28

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 1  proceedings in which private court-appointed counsel is

 2  required.

 3         (5)  If counsel is entitled to receive compensation for

 4  representation pursuant to court appointment in a termination

 5  of parental rights proceeding under s. 39.0134, such

 6  compensation shall not exceed $1,000 at the trial level and

 7  $2,500 at the appellate level.

 8         (5)(6)  A private attorney appointed in lieu of the

 9  public defender to represent an indigent defendant may not

10  reassign or subcontract the case to another attorney or allow

11  another attorney to appear at a critical stage of a case who

12  does not meet standards adopted by the Legislature after any

13  recommendations from the Article V Indigent Services Advisory

14  Board.

15         Section 12.  Section 27.54, Florida Statutes, as

16  amended by section 21 of chapter 2003-402, Laws of Florida, is

17  amended to read:

18         27.54  Limitation on payment of expenditures for public

19  defender's office other than by the state.--

20         (1)  All payments for the salary of the public defender

21  and the necessary expenses of office, including salaries of

22  assistants and staff, shall be considered as being for a valid

23  public purpose. Travel expenses shall be paid in accordance

24  with the provisions of s. 112.061.

25         (2)  A county or municipality may not contract with the

26  public defender of the judicial circuit in which the county or

27  municipality is located, or appropriate or contribute funds

28  to, the operation of the offices of the various public

29  defenders for the purpose of defending persons determined to

30  be indigent under s. 27.52 indigents charged with violations

31  of special laws, unless expressly authorized, or with

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 1  violations of ordinances of the county or municipality, unless

 2  ancillary to a state prosecution. The contract must provide

 3  for full reimbursement or as the parties otherwise agree

 4  regarding reimbursement.

 5         (3)  A No public defender or assistant public defender

 6  may not shall receive from any county or municipality any

 7  supplemental salary, except as provided in this section.

 8         Section 13.  Section 28.24, Florida Statutes, as

 9  amended by section 28 of chapter 2003-402, Laws of Florida, is

10  amended to read:

11         28.24  Service charges by clerk of the circuit

12  court.--The clerk of the circuit court may charge for services

13  rendered by the clerk's office in recording documents and

14  instruments and in performing the duties enumerated in amounts

15  not to exceed those specified in this section. Notwithstanding

16  any other provision of this section, the clerk of the circuit

17  court shall provide without charge to any justice or judge,

18  state attorney, statewide prosecutor, public defender, and

19  capital collateral regional counsel, and to the authorized

20  staff acting on behalf of each, to any court staff acting on

21  behalf of any justice or judge, and to any state attorney or

22  public access to and a copy copies of any public record

23  records, if the requesting party is entitled by law to review

24  the record notwithstanding the exempt or confidential nature

25  of such public records, as maintained by and in the custody of

26  the clerk of the circuit court as provided in general law and

27  the Florida Rules of Judicial Administration.

28         (1)  For examining, comparing, correcting, verifying,

29  and certifying transcripts of record in appellate proceedings,

30  prepared by attorney for appellant or someone else other than

31  clerk per page............................................4.50

                                  30

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 1         (2)  For preparing, numbering, and indexing an original

 2  record of appellate proceedings, per instrument...........3.00

 3         (3)  For certifying copies of any instrument in the

 4  public records............................................1.50

 5         (4)  For verifying any instrument presented for

 6  certification prepared by someone other than clerk, per page

 7  ..........................................................3.00

 8         (5)(a)  For making copies by photographic process of

 9  any instrument in the public records consisting of pages of

10  not more than 14 inches by 8 1/2  inches, per page........1.00

11         (b)  For making copies by photographic process of any

12  instrument in the public records of more than 14 inches by 8

13  1/2  inches, per page.....................................5.00

14         (6)  For making microfilm copies of any public records:

15         (a)  16 mm 100' microfilm roll....................37.50

16         (b)  35 mm 100' microfilm roll....................52.50

17         (c)  Microfiche, per fiche.........................3.00

18         (7)  For copying any instrument in the public records

19  by other than photographic process, per page..............6.00

20         (8)  For writing any paper other than herein

21  specifically mentioned, same as for copying, including signing

22  and sealing...............................................6.00

23         (9)  For indexing each entry not recorded..........1.00

24         (10)  For receiving money into the registry of court:

25         (a)1.  First $500, percent............................3

26         2.  Each subsequent $100, percent...................1.5

27         (b)  Eminent domain actions, per deposit........$150.00

28         (11)  For examining, certifying, and recording plats

29  and for recording condominium exhibits larger than 14 inches

30  by 8 1/2  inches:

31         (a)  First page...................................30.00

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 1         (b)  Each additional page.........................15.00

 2         (12)  For recording, indexing, and filing any

 3  instrument not more than 14 inches by 8 1/2  inches, including

 4  required notice to property appraiser where applicable:

 5         (a)  First page or fraction thereof................5.00

 6         (b)  Each additional page or fraction thereof......4.00

 7         (c)  For indexing instruments recorded in the official

 8  records which contain more than four names, per additional

 9  name......................................................1.00

10         (d)  An additional service charge shall be paid to the

11  clerk of the circuit court to be deposited in the Public

12  Records Modernization Trust Fund for each instrument listed in

13  s. 28.222, except judgments received from the courts and

14  notices of lis pendens, recorded in the official records:

15         1.  First page.....................................1.00

16         2.  Each additional page...........................0.50

17  

18  Such Said fund shall be held in trust by the clerk and used

19  exclusively for equipment and maintenance of equipment,

20  personnel training, and technical assistance in modernizing

21  the public records system of the office. In a county where the

22  duty of maintaining official records exists in an office other

23  than the office of the clerk of the circuit court, the clerk

24  of the circuit court is entitled to 25 percent of the moneys

25  deposited into the trust fund for equipment, maintenance of

26  equipment, training, and technical assistance in modernizing

27  the system for storing records in the office of the clerk of

28  the circuit court. The fund may not be used for the payment of

29  travel expenses, membership dues, bank charges,

30  staff-recruitment costs, salaries or benefits of employees,

31  construction costs, general operating expenses, or other costs

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 1  not directly related to obtaining and maintaining equipment

 2  for public records systems or for the purchase of furniture or

 3  office supplies and equipment not related to the storage of

 4  records. On or before December 1, 1995, and on or before

 5  December 1 of each year immediately preceding each year during

 6  which the trust fund is scheduled for legislative review under

 7  s. 19(f)(2), Art. III of the State Constitution, each clerk of

 8  the circuit court shall file a report on the Public Records

 9  Modernization Trust Fund with the President of the Senate and

10  the Speaker of the House of Representatives. The report must

11  itemize each expenditure made from the trust fund since the

12  last report was filed; each obligation payable from the trust

13  fund on that date; and the percentage of funds expended for

14  each of the following: equipment, maintenance of equipment,

15  personnel training, and technical assistance. The report must

16  indicate the nature of the system each clerk uses to store,

17  maintain, and retrieve public records and the degree to which

18  the system has been upgraded since the creation of the trust

19  fund.

20         (13)  Oath, administering, attesting, and sealing, not

21  otherwise provided for herein.............................3.00

22         (14)  For validating certificates, any authorized

23  bonds, each...............................................3.00

24         (15)  For preparing affidavit of domicile..........5.00

25         (16)  For exemplified certificates, including signing

26  and sealing...............................................6.00

27         (17)  For authenticated certificates, including signing

28  and sealing...............................................6.00

29         (18)(a)  For issuing and filing a subpoena for a

30  witness, not otherwise provided for herein (includes writing,

31  preparing, signing, and sealing)..........................6.00

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 1         (b)  For signing and sealing only..................1.50

 2         (19)  For approving bond...........................7.50

 3         (20)  For searching of records, for each year's search

 4  ..........................................................1.50

 5         (21)  For processing an application for a tax deed sale

 6  (includes application, sale, issuance, and preparation of tax

 7  deed, and disbursement of proceeds of sale), other than excess

 8  proceeds.................................................60.00

 9         (22)  For disbursement of excess proceeds of tax deed

10  sale, first $100 or fraction thereof.....................10.00

11         (23)  Upon receipt of an application for a marriage

12  license, for preparing and administering of oath; issuing,

13  sealing, and recording of the marriage license; and providing

14  a certified copy.........................................30.00

15         (24)  For solemnizing matrimony...................30.00

16         (25)  For sealing any court file or expungement of any

17  record...................................................37.50

18         (26)  For receiving and disbursing all restitution

19  payments, per payment.....................................3.00

20         (27)  Postal charges incurred by the clerk of the

21  circuit court in any mailing by certified or registered mail

22  shall be paid by the party at whose instance the mailing is

23  made.

24         (28)  For furnishing an electronic copy of information

25  contained in a computer database: a fee as provided for in

26  chapter 119.

27         Section 14.  Subsection (3) of section 28.2401, Florida

28  Statutes, as amended by section 29 of chapter 2003-402, Laws

29  of Florida, is amended, present subsection (4) of that section

30  is redesignated as subsection (5), and a new subsection (4) is

31  added to that section to read:

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 1         28.2401  Service charges in probate matters.--

 2         (3)  An additional service charge of $4 $2.50 on

 3  petitions seeking summary administration, formal

 4  administration, ancillary administration, guardianship,

 5  curatorship, and conservatorship shall be paid to the clerk.

 6  The clerk shall transfer $3.50 the $2.50 to the Department of

 7  Revenue for deposit into the Court Education Trust Fund, and

 8  shall transfer 50 cents to the Clerk of Court Operations

 9  Conference to fund clerk education. No additional fees,

10  charges, or costs shall be added to the service charges

11  imposed under this section, except as authorized by general

12  law.

13         (4)  Notwithstanding any law to the contrary, a board

14  of county commissioners that imposed by ordinance increased

15  fees or service charges under this section, s. 28.241, or s.

16  34.041 for the purpose of securing payment of the principal of

17  and interest on bonds issued by the county before July 1,

18  2003, to finance state court facilities may impose by

19  ordinance a surcharge of up to $30 in excess of the fees or

20  service charges set forth in this section. Such surcharge

21  shall not be waived by the court. Revenue from the surcharge

22  shall be used to pay the principal of and interest on the

23  bonds until the date of stated maturity. The bonds may be

24  refunded only if:

25         1.  Savings will be realized on payments of debt

26  service; and

27         2.  The refunding bonds are scheduled to mature on the

28  same date or before the bonds being refunded.

29         Section 15.  Section 28.2402, Florida Statutes, is

30  amended to read:

31  

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 1         28.2402  Additional costs for performance of clerk

 2  court-related functions.--A filing fee of $10 The sum of $200

 3  shall be assessed to a county or municipality when filing a

 4  county or municipal code or ordinance violation in court. The

 5  $200 fee shall be paid to the clerk of the circuit and county

 6  court for performing court-related functions. No other filing

 7  fee may be assessed for filing the violation in court. When a

 8  person contests the violation in court, the court must assess

 9  $40 in court costs against the nonprevailing party for deposit

10  into the clerk's fine and forfeiture fund established pursuant

11  to s. 142.01.

12         Section 16.  Section 28.241, Florida Statutes, as

13  amended by section 32 of chapter 2003-402, Laws of Florida, is

14  amended to read:

15         28.241  Filing fees and appearance fee for trial and

16  appellate proceedings.--

17         (1)(a)  The party instituting any civil action, suit,

18  or proceeding in the circuit court shall pay to the clerk of

19  that court a filing fee of up to $250 in all cases in which

20  there are not more than five defendants and an additional

21  filing fee of up to $2 for each defendant in excess of five.

22  Of the first $55 $57.50 in filing fees, $50 must be remitted

23  by the clerk to the Department of Revenue for deposit into the

24  General Revenue Fund and; $5 must be remitted to the Clerk of

25  Court Operations Conference; and $2.50 shall be paid to the

26  clerk for each civil action brought in circuit or county

27  court, to be remitted by the clerk to the Department of

28  Revenue for deposit into the Court Education Trust Fund.

29  One-third of any filing fees collected by the clerk of the

30  circuit court in excess of the first $55 $57.50 shall be

31  remitted to the Department of Revenue for deposit into the

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 1  Department of Revenue Clerks of the Court Trust Fund. An

 2  additional filing fee of $4 shall be paid to the clerk. The

 3  clerk shall transfer $3.50 to the Department of Revenue for

 4  deposit into the Court Education Trust Fund and shall transfer

 5  50 cents to the Clerk of Court Operations Conference to fund

 6  clerk education. An additional filing fee of up to $15 shall

 7  be paid by the party seeking each severance that is granted.

 8  The clerk may impose an additional filing fee of up to $75 for

 9  all proceedings of garnishment, attachment, replevin, and

10  distress. Postal charges incurred by the clerk of the circuit

11  court in making service by certified or registered mail on

12  defendants or other parties shall be paid by the party at

13  whose instance service is made. No additional fees, charges,

14  or costs shall be added to the filing fees imposed under this

15  section, except as authorized by general law.

16         (b)  Notwithstanding any law to the contrary, a board

17  of county commissioners that imposed by ordinance increased

18  fees or service charges under s. 28.2401, this section, or s.

19  34.041 for the purpose of securing payment of the principal of

20  and interest on bonds issued by the county before July 1,

21  2003, to finance state court facilities may impose by

22  ordinance a surcharge of up to $30 in excess of the fees or

23  service charges set forth in this section.  Such surcharge

24  shall not be waived by the court. Revenue from the surcharge

25  shall be used to pay the principal of and interest on the

26  bonds until the date of stated maturity. The bonds may be

27  refunded only if:

28         1.  Savings will be realized on payments of debt

29  service; and

30         2.  The refunding bonds are scheduled to mature on the

31  same date or before the bonds being refunded.

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 1         (c)(b)  Except as provided in s. 28.345, a party

 2  reopening any civil action, suit, or proceeding in the circuit

 3  court shall pay to the clerk of court a filing fee set by the

 4  clerk in an amount not to exceed $50. For purposes of this

 5  section, a case is reopened when a case previously reported as

 6  disposed of is resubmitted to a court and includes petitions

 7  for modification of a final judgment of dissolution. A party

 8  is exempt from paying the fee for any of the following:

 9         1.  Writ of Garnishment;

10         2.  Writ of Replevin;

11         3.  Distress Writ;

12         4.  Writ of Attachment;

13         5.  Motion for rehearing filed within 10 days;

14         6.  Motion for attorney's fees filed within 30 days of

15  the entry of the judgment or final order;

16         7.  Motion for dismissal filed after a mediation

17  agreement has been filed;

18         8.  Disposition of personal property without

19  administration;

20         9.  Any probate case prior to the discharge of a

21  personal representative;

22         10.  Any guardianship pleading prior to discharge;

23         11.  Any mental health pleading;

24         12.  Motions to withdraw by attorneys;

25         13.  Motions exclusively for the enforcement of child

26  support orders;

27         14.  Petition for credit of child support;

28         15.  Stipulations;

29         16.  Responsive pleadings; or

30         17.  Cases in which there is no initial filing fee.

31  

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 1         (2)  Upon the institution of any appellate proceeding

 2  from any lower inferior court to the circuit court of any such

 3  county, including appeals filed by a county or municipality as

 4  provided in s. 34.041(6), or from the circuit court to an

 5  appellate court of the state, the clerk shall charge and

 6  collect from the party or parties instituting such appellate

 7  proceedings a filing fee not to exceed service charge of up to

 8  $250 for filing a notice of appeal from a lower an inferior

 9  court, and $50 or for filing a notice of appeal to a higher

10  court. From the filing fee, $50 must be remitted by the clerk

11  to the Department of Revenue for deposit into the General

12  Revenue Fund.

13         (3)  A filing fee may not be imposed upon a party for

14  responding by pleading, motion, or other paper to a civil or

15  criminal action, suit, proceeding, or appeal in a circuit

16  court.

17         (4)  The fees prescribed in this section do not include

18  the service charges required by law for the clerk as provided

19  in s. 28.24 or by other sections of the Florida Statutes.

20  Filing fees authorized by this section may not be added to any

21  civil penalty imposed by chapter 316 or chapter 318.

22         (5)  Filing fees for the institution or reopening of

23  any civil action, suit, or proceeding in county court shall be

24  charged and collected as provided in s. 34.041.

25         (6)  From each attorney appearing pro hac vice, the

26  clerk of the circuit court must collect a fee of $100 for

27  deposit into the General Revenue Fund.

28         Section 17.  Section 28.245, Florida Statutes, as

29  amended by section 33 of chapter 2003-2004, Laws of Florida,

30  is amended to read:

31  

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 1         28.245  Transmittal of funds to Department of Revenue;

 2  uniform remittance form required.--Notwithstanding any other

 3  provision of law, all moneys collected by the clerks of the

 4  court for subsequent distribution to a state agency or to the

 5  Supreme Court must be transmitted electronically to the

 6  Department of Revenue for appropriate distribution. A uniform

 7  remittance form provided by the Department of Revenue

 8  detailing the specific amounts due each fund must accompany

 9  such submittal. All moneys collected by the clerks of court

10  for remittance to any entity must be distributed pursuant to

11  the law in effect at the time of collection.

12         Section 18.  Section 28.246, Florida Statutes, is

13  amended to read:

14         28.246  Payment of court-related fees, charges, and

15  costs; partial payments; distribution of funds.--

16         (1)  Beginning July 1, 2003, the clerk of the circuit

17  court shall report the following information to the

18  Legislature and the Clerk of Court Operations Conference on a

19  form developed by the Department of Financial Services:

20         (a)  The total amount of mandatory fees, services

21  charges, and costs; the total amount actually assessed; the

22  total amount discharged or waived; and the total amount

23  collected.

24         (b)  The maximum amount of discretionary fees, service

25  charges, and costs authorized; the total amount actually

26  assessed; the total amount discharged or waived; and the total

27  amount collected.

28         (c)  The total amount of mandatory fines and other

29  monetary penalties; the total amount assessed; the total

30  amount discharged or waived; and the total amount collected.

31  

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 1         (d)  The maximum amount of discretionary fines and

 2  other monetary penalties; the total amount of discretionary

 3  fines and other monetary penalties assessed; the total amount

 4  discharged or waived; and the total amount collected.

 5  

 6  The clerk shall submit the report on a quarterly basis 30 days

 7  after the end of the quarter for the period from July 1, 2003,

 8  through June 30, 2004, and on an annual basis thereafter, 60

 9  days after the end of the county fiscal year. The clerk, in

10  reporting the amount assessed, shall separately identify the

11  amount assessed pursuant to s. 938.30 as community service;

12  assessed by reducing the amount to a judgment or lien;

13  satisfied by time served, or other. The form developed by the

14  Chief Financial Officer shall include separate entries for

15  recording these amounts.

16         (2)  The clerk of the circuit court shall establish and

17  maintain a system of accounts receivable for court-related

18  fees, charges, and costs.

19         (3)  Court costs, fines, and other dispositional

20  assessments shall be enforced by the courts, collected by the

21  clerks of the circuit and county courts, and disbursed in

22  accordance with authorizations and procedures as established

23  by general law. Each clerk of the circuit court shall enter

24  into a payment plan with defendants determined to be indigent

25  and demonstrating an inability to pay court-related fees,

26  charges, and costs in full.

27         (4)  The clerk of the circuit court shall accept

28  partial payments for unpaid court-related fees, charges, and

29  costs in accordance with the terms of an established payment

30  plan.

31  

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 1         (5)  When receiving partial payment of fees, service

 2  charges, court costs, and fines, clerks shall distribute funds

 3  according to the following order of priority:

 4         (a)  That portion of fees, services charges, court

 5  costs, and fines payable to the clerk for the operations of

 6  the clerk and to be remitted to the state for deposit into the

 7  General Revenue Fund.

 8         (b)  That portion of fees, service charges, court

 9  costs, and fines payable to state trust funds, allocated on a

10  pro rata basis among the various authorized funds if the total

11  collection amount is insufficient to fully fund all such funds

12  as provided by law.

13         (c)  That portion of fees, service charges, court

14  costs, and fines payable to counties, municipalities, or other

15  local entities, allocated on a pro rata basis among the

16  various authorized recipients if the total collection amount

17  is insufficient to fully fund all such recipients as provided

18  by law.

19  

20  To offset processing costs for partial payments, clerks may

21  collect up to $4 per month as a service charge from persons

22  making partial payments. retain up to 1 percent of all

23  collections of fees, service charges, court costs, and fines

24  payable to other entities, except where otherwise provided in

25  general law.

26         (6)  A clerk of court may pursue the collection of any

27  fees, fines, court costs, or other costs imposed by the court

28  which remain unpaid for 90 days or more, or refer such

29  collection to a private attorney who is a member in good

30  standing of The Florida Bar or collection agent who is

31  registered and in good standing pursuant to chapter 559. In

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 1  pursuing the collection of such unpaid financial obligations

 2  through a private attorney or collection agent, the clerk of

 3  the court must determine this is cost-effective and follow

 4  applicable procurement practices. The cost of collection,

 5  including a reasonable attorney's fee, may be recovered by

 6  adding the cost and fee to the balance owed, except that such

 7  fee and cost may not exceed 40 percent of the balance owed.

 8         Section 19.  Section 28.345, Florida Statutes, is

 9  amended to read:

10         28.345  Exemption from fees and

11  charges.--Notwithstanding any other provision of this chapter

12  or law to the contrary, state attorneys, and public defenders,

13  capital collateral regional counsels, persons employed by the

14  Statewide Office of Guardian Ad Litem, and judges are exempt

15  from all fees and charges assessed by the clerks of the

16  circuit courts.

17         Section 20.  Subsection (2) of section 28.35, Florida

18  Statutes, is amended to read:

19         28.35  Clerk of Court Operations Conference.--

20         (2)  The duties of the conference shall include:

21         (a)  Periodically recommending to the Legislature

22  changes in the various court-related fines, fees, service

23  charges, and cost schedules established by law to ensure

24  reasonable and adequate funding of the clerks of the court in

25  the performance of their court-related functions.

26         (b)  Establishing a process for the review and approval

27  of court-related proposed budgets submitted by clerks of the

28  court pursuant to s. 28.36.

29         (c)  Certifying to the Legislature, the Governor, the

30  Chief Financial Officer, and the Department of Revenue which

31  clerks of court will have court-related revenues insufficient

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 1  to fund the anticipated court-related functions of their

 2  offices and the actions taken to resolve any deficits pursuant

 3  to s. 28.36.

 4         (d)  Developing and approving a system of performance

 5  accountability measurements and performance standards for each

 6  clerk of the court. These measures must assess the fiscal

 7  management, efficient operations, and effective collection of

 8  fines, fees, service charges, and costs using data reported in

 9  s. 28.246 as well as other data.

10         (e)  Publishing a schedule of maximum fines, fees,

11  service charges, and costs that may be charged by a clerk of

12  the court for court-related functions pursuant to general law

13  that reflects any adjustments based on changes in the Consumer

14  Price Index. Effective July 1, 2004, the schedule shall

15  reflect the maximum fines, fees, service charges, and costs

16  established by general law. The schedule may be adjusted on or

17  after October 1, 2005, and no more frequently than annually

18  thereafter, by the average percentage change in the Consumer

19  Price Index issued by the United States Department of Labor

20  since the last adjustment by the conference. Any adjustment to

21  the schedule authorized in this paragraph must be

22  affirmatively approved by a majority of the clerks of the

23  circuit courts before such adjustments may take effect.

24         Section 21.  Section 28.36, Florida Statutes, is

25  amended to read:

26         28.36  Budget review and approval procedure.--There is

27  established a budget procedure for the court-related functions

28  of the clerks of the court.

29         (1)  For the period July 1, 2004, through September 30,

30  2004, and for each county fiscal year ending September 30

31  thereafter, each clerk of the court shall prepare a budget

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 1  relating solely to the performance of the court-related

 2  functions.

 3         (2)  Each proposed budget shall conform to the

 4  following requirements:

 5         (a)  On May 1, 2004, for the fiscal period of July 1,

 6  2004, through September 30, 2004, and on or before August 1

 7  for each fiscal year thereafter, the proposed budget shall be

 8  prepared, summarized, and submitted by the clerk in each

 9  county to the Clerk of Court Operations Conference in the

10  manner and form prescribed by the conference. The proposed

11  budget must provide detailed information on the anticipated

12  revenues available and expenditures necessary for the

13  performance of the court-related functions of the clerk's

14  office for the county fiscal year beginning the following

15  October 1.

16         (b)  The proposed budget must be balanced, such that

17  the total of the estimated revenues available must equal or

18  exceed the total of the anticipated expenditures. These

19  revenues include the following: cash balances brought forward

20  from the prior fiscal period; revenue projected to be received

21  from fines, fees, service charges, and costs for court-related

22  services during the fiscal period covered by the budget; and

23  supplemental revenue that may be requested pursuant to

24  subsection (3); and the contingency reserve authorized in

25  paragraph (c). The anticipated expenditures must be itemized

26  as required by the Clerk of Court Operations Conference.

27         (c)  The proposed budget may include a contingency

28  reserve not to exceed 10 percent of the total budget.

29         (3)  If a clerk of the court estimates that available

30  funds plus projected revenues from fines, fees, service

31  charges, and costs for court-related services are insufficient

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 1  to meet the anticipated expenditures for the court-related

 2  functions performed by his or her office, the clerk must

 3  report the revenue budget deficit to the Clerk of Court

 4  Operations Conference in the manner and form prescribed by the

 5  conference. The conference shall determine whether the clerk

 6  is meeting his or her performance standards for the current

 7  year relating to fiscal management, efficient operations, and

 8  the effective collection of fines, fees, service charges, and

 9  costs.

10         (a)  If the conference determines that a clerk is

11  meeting his or her performance standards for fiscal

12  management; efficient operations; and effective collection of

13  fines, fees, service charges, and costs; and a revenue deficit

14  is projected, that clerk shall increase all fines, fees,

15  service charges, and costs to the maximum amounts specified by

16  law or the amount necessary to resolve the deficit, whichever

17  is less. If, after increasing such fines, fees, service

18  charges, and costs, a revenue budget deficit is still

19  projected, the conference may shall certify a revenue deficit

20  pursuant to paragraph (b) and notify the Department of Revenue

21  that that clerk is authorized to retain revenues, in an amount

22  necessary to fully fund the projected revenue deficit, which

23  he or she would otherwise be required to remit to the

24  Department of Revenue for deposit into the Department of

25  Revenue Clerks of the Court Trust Fund pursuant to s. 28.37.

26  If a revenue budget deficit is projected after retaining all

27  of the collections from court-related fines, fees, service

28  charges, and costs, the conference may shall certify the

29  revenue deficit amount to the Chief Financial Officer,

30  pursuant to paragraph (b). An amount equal to the revenue

31  deficit is hereby appropriated each year from the Department

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 1  of Revenue Clerks of the Court Trust Fund, without further

 2  legislative action, period after period, until altered or

 3  revoked by the Legislature. The Department of Revenue is

 4  directed to make a monthly distribution of equal amounts to

 5  each clerk certified to have a revenue deficit until the Clerk

 6  of Court Operations Conference certifies a different amount to

 7  be distributed pursuant to paragraph (b).

 8         (b)  The Clerk of Court Operations Conference shall

 9  make the revenue deficit certifications authorized in

10  paragraph (a) to the Department of Revenue no later than

11  September 15 of each year for the county fiscal year beginning

12  on the following October 1. Changes to the certifications may

13  be made by the Clerk of Court Operations Conference as needed

14  during any county fiscal year when revenues supporting a

15  clerk's budget are projected to be less than the amount

16  previously assumed by the conference in approving a clerk's

17  budget.

18         (c)(b)  The Clerk of Court Operations Conference shall

19  notify the Governor, the President of the Senate, and the

20  Speaker of the House of Representatives prior to taking

21  actions specified in this subsection. The notification must

22  shall include a certification by the conference that all of

23  the conditions in this subsection have been met.

24         (4)  The Clerk of Court Operations Conference must

25  approve the court-related budget for each clerk in the state,

26  and shall certify to the Legislature by October 15 of each

27  year, the proposed budget amount approved for each clerk's

28  budget; the revenue projection supporting each clerk's budget;

29  each clerk who must retain some or all of the state's share of

30  fines, fees, service charges, and costs; the amount to be paid

31  from the Department of Revenue Clerks of the Court Trust Fund

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 1  to each clerk; and the performance measures and standards

 2  approved by the conference for each clerk.

 3         (5)(a)  For the county fiscal year October 1, 2004,

 4  through September 30, 2005, the maximum annual budget amount

 5  that may be authorized by the Clerk of Court Operations

 6  Conference for each clerk may not exceed 103 percent of the

 7  clerk's estimated actual expenditures for the prior county

 8  fiscal year for court-related functions that are required by

 9  law effective July 1, 2004, plus the estimated reasonable and

10  necessary costs of new functions required by law which are not

11  reflected in prior-year expenditures. The conference shall use

12  the clerk's actual expenditures for the prior county fiscal

13  year for court-related functions as reported by the Chief

14  Financial Officer based on the county financial reporting

15  required under s. 218.32.

16         (b)  For the county fiscal year 2005-2006, the maximum

17  budget amount that may be authorized by the conference for

18  each clerk budget shall be the approved budget for county

19  fiscal year 2004-2005 adjusted by the projected percentage

20  change in revenue from fines, fees, service charges, and costs

21  for court-related services between the county fiscal years

22  2004-2005 and 2005-2006.

23         (c)  For the county fiscal years 2006-2007 and

24  thereafter, the maximum budget amount that may be authorized

25  by the conference for each clerk shall be established by first

26  rebasing the prior fiscal year budget to reflect the actual

27  percentage change in the prior fiscal year revenue from fines,

28  fees, service charges, and costs for court-related services

29  and then adjusting the rebased prior fiscal year budget by the

30  projected percentage change in revenue from fines, fees,

31  service charges, and costs for court-related services for the

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 1  proposed budget year. The rebasing calculations and maximum

 2  annual budget calculations shall be as follows:

 3         1.  For county fiscal year 2006-2007, the approved

 4  budget for county fiscal year 2004-2005 shall be adjusted for

 5  the actual percentage change in revenue from fines, fees,

 6  service charges, and costs for court-related services between

 7  the two 12-month periods ending June 30, 2005, and June 30,

 8  2006. This result is the rebased budget for the county fiscal

 9  year 2005-2006. Then the rebased budget for the county fiscal

10  year 2005-2006 shall be adjusted by the projected percentage

11  change in revenue from fines, fees, service charges, and costs

12  for court-related services between the county fiscal years

13  2005-2006 and 2006-2007. This result shall be the maximum

14  annual budget amount that may be authorized by the conference

15  for each clerk for the county fiscal year 2006-2007.

16         2.  For county fiscal year 2007-2008, the rebased

17  budget for county fiscal year 2005-2006 shall be adjusted for

18  the actual percentage change in revenue from fines, fees,

19  service charges, and costs for court-related services between

20  the two 12-month periods ending June 30, 2006, and June 30,

21  2007. This result is the rebased budget for the county fiscal

22  year 2006-2007. The rebased budget for county fiscal year

23  2006-2007 shall be adjusted by the projected percentage change

24  in revenue from fines, fees, service charges, and costs for

25  court-related services between the county fiscal years

26  2006-2007 and 2007-2008. This result shall be the maximum

27  annual budget amount that may be authorized by the conference

28  for each clerk budget for county fiscal year 2007-2008.

29         3.  For county fiscal years 2008-2009 and thereafter,

30  the maximum budget amount that may be authorized by the

31  conference for each clerk budget shall be calculated as the

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 1  rebased budget for the prior county fiscal year adjusted by

 2  the projected percentage change in revenues from fines, fees,

 3  service charges, and costs for court-related services between

 4  the prior county fiscal year and the county fiscal year for

 5  which the maximum budget amount is being authorized. The

 6  rebased budget for the prior county fiscal year shall always

 7  be calculated by adjusting the rebased budget for the year

 8  preceding the prior county fiscal year by the actual

 9  percentage change in revenues from fines, fees, service

10  charges, and costs for court-related services between the

11  12-month period ending June 30 of the year preceding the prior

12  county fiscal year and the 12-month period ending June 30 of

13  the prior county fiscal year.

14         (6)  The Clerk of Court Operations Conference may

15  submit proposed legislation to the Governor, the President of

16  the Senate, and the Speaker of the House of Representatives no

17  later than November 1 in any year for approval of clerk budget

18  request amounts exceeding the restrictions in this section for

19  the following October 1. If proposed legislation is

20  recommended, the conference shall also submit supporting

21  justification with sufficient detail to identify the specific

22  proposed expenditures that would cause the limitations to be

23  exceeded for each affected clerk and the estimated fiscal

24  impact on state revenues.

25         Section 22.  Section 28.37, Florida Statutes, is

26  amended to read:

27         28.37  Fines, fees, service charges, and costs remitted

28  to the state.--

29         (1)  Pursuant to s. 14(b), Art. V of the State

30  Constitution, selected salaries, costs, and expenses of the

31  state courts system and court-related functions shall be

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 1  funded from a portion of the revenues derived from statutory

 2  fines, fees, service charges, and costs collected by the

 3  clerks of the court.

 4         (2)  Beginning August 1, 2004, except as otherwise

 5  provided in ss. 28.241 and 34.041, one-third of all fines,

 6  fees, service charges, and costs collected by the clerks of

 7  the court during the prior month for the performance of

 8  court-related functions shall be remitted to the Department of

 9  Revenue for deposit in the Department of Revenue Clerks of the

10  Court Trust Fund. These collections do not include funding

11  received for the operation of the Title IV-D child support

12  collections and disbursement program. The clerk of the court

13  shall remit the revenues collected during the prior month due

14  to the state on or before the 20th 5th day of each month. The

15  Department of Revenue shall make a monthly transfer of the

16  funds in the Department of Revenue Clerks of the Court Trust

17  Fund which that are not needed to resolve clerk of the court

18  budget deficits, as specified in s. 28.36, to the General

19  Revenue Fund.

20         (3)  For the period of October 1, 2003, to June 30,

21  2004, those clerks operating as fee officers for court-related

22  services shall determine the amount of fees collected and

23  expenses generated for court-related services. Any excess fees

24  generated during this period shall be remitted to the county.

25  Any deficit experienced by the clerk for court-related

26  services during the period from October 1, 2003, to June 30,

27  2004, shall be funded by the county.

28         (4)(3)  Beginning January 1, 2005, for the period July

29  1, 2004, through September 30, 2004, and each January 1

30  thereafter for the preceding county fiscal year of October 1

31  through September 30, the clerk of the court must remit to the

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 1  Department of Revenue for deposit in the General Revenue Fund

 2  the cumulative excess of all statutory fines, fees, service

 3  charges, and costs collected for the clerk's court-related

 4  functions over the amount needed to meet the approved budget

 5  amounts established under s. 28.36.

 6         (5)(4)  The Department of Revenue shall adopt rules

 7  governing the remittance of the funds to be transferred to the

 8  General Revenue Fund under this section and, the required

 9  forms and procedures, and penalties for failure to comply. The

10  department shall collect any funds that the Clerk of Court

11  Operations Conference determines upon investigation were due

12  on January 1 but not remitted to the department.

13         Section 23.  Section 29.005, Florida Statutes, as

14  amended by section 41 of chapter 2003-402, Laws of Florida, is

15  amended to read:

16         29.005  State attorneys' offices and prosecution

17  expenses.--For purposes of implementing s. 14, Art. V of the

18  State Constitution, the elements of the state attorneys'

19  offices to be provided from state revenues appropriated by

20  general law are as follows:

21         (1)  The state attorney of each judicial circuit and

22  assistant state attorneys and other staff as determined by

23  general law.

24         (2)  Reasonable court reporting and transcription

25  services necessary to meet constitutional or statutory

26  requirements, including the cost of transcribing and copying

27  depositions of witnesses and the cost of foreign language and

28  sign-language interpreters and translators.

29         (3)  Witnesses, including expert witnesses, summoned to

30  appear for an investigation, preliminary hearing, or trial in

31  any a criminal case when the witnesses are summoned by a state

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 1  attorney, and any other expert witnesses required in a court

 2  hearing by law or whom the state attorney deems necessary for

 3  the performance of his or her duties.

 4         (4)  Mental health professionals appointed pursuant to

 5  s. 394.473 and required in a court hearing involving an

 6  indigent, and mental health professionals appointed pursuant

 7  to s. 916.115(2) and required in a court hearing involving an

 8  indigent.

 9         (4)(5)  Reasonable transportation services in the

10  performance of constitutional and statutory responsibilities.

11         (5)(6)  Travel expenses reimbursable under s. 112.061

12  reasonably necessary in the performance of constitutional and

13  statutory responsibilities.

14         (6)(7)  Reasonable library and electronic legal

15  research services, other than a public law library.

16         (7)(8)  Reasonable pretrial consultation fees and

17  costs.

18         Section 24.  Section 29.0051, Florida Statutes, is

19  created to read:

20         29.0051  Prosecution expenses for the Office of

21  Statewide Prosecution.--For purposes of implementing s. 14,

22  Art. V of the State Constitution, the elements of prosecution

23  expenses for the Office of Statewide Prosecution to be

24  provided from state revenues appropriated by general law are

25  as follows:

26         (1)  Trial expenses of the staff of the Office of

27  Statewide Prosecution, as determined by general law.

28         (2)  Reasonable court reporting and transcription

29  services necessary to meet constitutional or statutory

30  requirements, including the cost of transcribing and copying

31  

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 1  depositions of witnesses and the cost of foreign language and

 2  sign-language interpreters and translators.

 3         (3)  Witnesses, including expert witnesses, summoned to

 4  appear for an investigation, preliminary hearing, or trial in

 5  any criminal case when the witnesses are summoned by a

 6  statewide prosecutor, and any other expert witnesses required

 7  in a court hearing by law or whom the statewide prosecutor

 8  deems necessary for the performance of his or her duties.

 9  Consistent with governing statutory provisions, these expenses

10  shall include witness travel, lodging, and per diem expenses,

11  as well as expert witness fees.

12         Section 25.  Section 29.006, Florida Statutes, as

13  amended by section 42 of chapter 2003-403, Laws of Florida, is

14  amended to read:

15         29.006  Public defenders and indigent defense

16  costs.--For purposes of implementing s. 14, Art. V of the

17  State Constitution, the elements of the public defenders'

18  offices to be provided from state revenues appropriated by

19  general law are as follows:

20         (1)  The public defender of each judicial circuit and

21  assistant public defenders and other staff as determined by

22  general law.

23         (2)  Reasonable court reporting and transcription

24  services necessary to meet constitutional or statutory

25  requirements, including the cost of transcribing and copying

26  depositions of witnesses and the cost of foreign language and

27  sign-language interpreters and translators.

28         (3)  Witnesses, including expert witnesses, summoned to

29  appear for an investigation, preliminary hearing, or trial in

30  any a criminal case when the witnesses are summoned on behalf

31  of an indigent defendant, and any other expert witnesses

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 1  required in a court hearing by law or whomever the public

 2  defender deems necessary for the performance of his or her

 3  duties approved by the court.

 4         (4)  Mental health professionals appointed pursuant to

 5  s. 394.473 and required in a court hearing involving an

 6  indigent, and mental health professionals appointed pursuant

 7  to s. 916.115(2) and required in a court hearing involving an

 8  indigent.

 9         (4)(5)  Reasonable transportation services in the

10  performance of constitutional and statutory responsibilities.

11         (5)(6)  Travel expenses reimbursable under s. 112.061

12  reasonably necessary in the performance of constitutional and

13  statutory responsibilities.

14         (6)(7)  Reasonable library and electronic legal

15  research services, other than a public law library.

16         (7)(8)  Reasonable pretrial consultation fees and

17  costs.

18         Section 26.  Subsections (4), (6), and (7) of section

19  29.007, Florida Statutes, as amended by section 43 of chapter

20  2003-402, Laws of Florida, are amended to read:

21         29.007  Court-appointed counsel.--For purposes of

22  implementing s. 14, Art. V of the State Constitution, the

23  elements of court-appointed counsel to be provided from state

24  revenues appropriated by general law are as follows:

25         (4)  Witnesses, including expert witnesses, summoned to

26  appear for an investigation, preliminary hearing, or trial in

27  a case when the witnesses are summoned on behalf of an

28  indigent, and any other expert witnesses required in a court

29  hearing by law or whomever the private court-appointed

30  attorney deems necessary for the performance of his or her

31  duties approved by the court.

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 1         (6)  Reasonable pretrial consultation fees and costs in

 2  accordance with the policies of the respective circuit Article

 3  V indigent services committees.

 4         (7)  Travel expenses reimbursable under s. 112.061

 5  reasonably necessary in the performance of constitutional and

 6  statutory responsibilities and in accordance with the policies

 7  of the respective circuit Article V indigent services

 8  committees.

 9         Section 27.  Subsection (1) of section 29.008, Florida

10  Statutes, as amended by section 45 of chapter 2003-402, Laws

11  of Florida, is amended to read:

12         29.008  County funding of court-related functions.--

13         (1)  Counties are required by s. 14, Art. V of the

14  State Constitution to fund the cost of communications

15  services, existing radio systems, existing multiagency

16  criminal justice information systems, and the cost of

17  construction or lease, maintenance, utilities, and security of

18  facilities for the circuit and county courts, public

19  defenders' offices, state attorneys' offices, and the offices

20  of the clerks of the circuit and county courts performing

21  court-related functions. For purposes of implementing these

22  requirements, the term:

23         (a)  "Facility" means reasonable and necessary

24  buildings and space, structures, real estate, easements, and

25  related interests in real estate, including, but not limited

26  to, those for the purpose of housing personnel, equipment, or

27  functions of the circuit or county courts, public defenders'

28  offices, state attorneys' offices, and court-related functions

29  of the office of the clerks of the circuit and county courts

30  and all storage. The term also includes access to parking for

31  such facilities in connection with such court-related

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 1  functions that may be available free or from a private

 2  provider or a local government for a fee. The office space

 3  provided by a county may not be less than the standards for

 4  space allotment adopted by the Department of Management

 5  Services. County funding must include physical modifications

 6  and improvements to all facilities as are required for

 7  compliance with the Americans with Disabilities Act. Upon

 8  mutual agreement of a county and the affected entity in this

 9  paragraph, the office space provided by the county may vary

10  from the standards for space allotment adopted by the

11  Department of Management Services. This section applies only

12  to facilities that are leased, or on which construction

13  commences, after June 30, 2003.

14         (b)1.  "Construction or lease" includes, but is not

15  limited to, all reasonable and necessary costs of the

16  acquisition or lease of facilities, equipment, and furnishings

17  for all judicial officers, staff, jurors, volunteers of a

18  tenant agency, and the public for the circuit and county

19  courts, the public defenders' offices, state attorneys'

20  offices, and for performing the court-related functions of the

21  offices of the clerks of the circuit and county courts. This

22  includes expenses related to financing such facilities and the

23  existing and future cost and bonded indebtedness associated

24  with placing the facilities in use.

25         2.  As of July 1, 2005, equipment and furnishings shall

26  be limited to that appropriate and customary for courtrooms,

27  jury facilities, and other public areas in courthouses,

28  including facilities occupied by the courts, state attorneys,

29  and public defenders.

30         3.  Equipment and furnishings under this paragraph in

31  existence and owned by counties on July 1, 2005, for areas

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 1  other than courtrooms, jury facilities, and other public areas

 2  in courthouses, including facilities occupied by the courts,

 3  state attorneys, and public defenders, and the offices of the

 4  clerk of the court, shall be transferred to the state at no

 5  charge. This provision does not apply to any

 6  telecommunications infrastructure, computer systems, and

 7  equipment, including computer hardware and software, modems,

 8  printers, wiring, networks, and network connections provided

 9  by the county.

10         (c)  "Maintenance" includes, but is not limited to, all

11  reasonable and necessary costs of custodial and groundskeeping

12  services and renovation and reconstruction as needed to

13  accommodate functions for the circuit and county courts, the

14  public defenders' offices, and state attorneys' offices and

15  for performing the court-related functions of the offices of

16  the clerks of the circuit and county court and for maintaining

17  the facilities in a condition appropriate and safe for the use

18  intended.

19         (d)  "Utilities" means all electricity services for

20  light, heat, and or power; natural or manufactured gas

21  services for light, heat, and or power; water and wastewater

22  services and systems, stormwater or runoff services and

23  systems, sewer services and systems, all costs or fees

24  associated with these services and systems, and any costs or

25  fees associated with the mitigation of environmental impacts

26  directly related to the facility.

27         (e)  "Security" includes but is not limited to, all

28  reasonable and necessary costs of services of law enforcement

29  officers or licensed security guards and all electronic,

30  cellular, or digital monitoring and screening devices

31  necessary to ensure the safety and security of all persons

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 1  visiting or working in a facility; to provide for security of

 2  the facility, including protection of property owned by the

 3  county or the state; and for security of prisoners brought to

 4  any facility. This includes bailiffs while providing courtroom

 5  and other security for each judge and other quasi-judicial

 6  officers.

 7         (f)  "Communications services" are defined as any

 8  reasonable and necessary transmission, emission, and reception

 9  of signs, signals, writings, images, and sounds of

10  intelligence of any nature by wire, radio, optical, or other

11  electromagnetic systems and includes all facilities and

12  equipment owned, leased, or used by judges, clerks, public

13  defenders, state attorneys, and all staff of the state courts

14  system, state attorneys' offices, public defenders' offices,

15  and clerks of the circuit and county courts performing

16  court-related functions. Such system or services shall

17  include, but not be limited to:

18         1.  Telephone system infrastructure, including computer

19  lines, telephone switching equipment, facsimile machines,

20  wireless communications, cell phones, pagers, video

21  conferencing equipment, line charges, and maintenance. Each

22  county shall continue to provide access to a local carrier for

23  local and long distance service and shall pay toll charges for

24  the local and long distance service. Telephone equipment, not

25  defined as telephone infrastructure, including facsimile and

26  video teleconferencing equipment, owned by the counties shall

27  be transferred to the state at no charge, effective July 1,

28  2004.

29         2.  All computer systems and equipment, including

30  computer hardware and software, modems, printers, multi-task

31  equipment that can be used as printers, wiring, networks,

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 1  network connections, maintenance, support staff or services,

 2  including any county-funded support staff located in the

 3  offices of the circuit and county courts, state attorneys, and

 4  public defenders, training, supplies, and line charges

 5  necessary for an integrated computer system to support the

 6  operations and management of the state courts system, the

 7  offices of the public defenders, the offices of the state

 8  attorneys, and the offices of the clerks of the circuit and

 9  county courts and the capability to connect those entities and

10  reporting data to the state as required for the transmission

11  of revenue, performance accountability, case management, data

12  collection, budgeting, and auditing purposes. The integrated

13  computer system shall be operational by January 1, 2006, and,

14  at a minimum, must be able to electronically exchange judicial

15  case background, sentencing guidelines and scoresheets, and

16  video evidence information stored in integrated case

17  management systems over secure networks.

18         3.  Courier messenger and subpoena services.

19         4.  Auxiliary aids and services for qualified

20  individuals with a disability which are necessary to ensure

21  access to the courts. Such auxiliary aids and services

22  include, but are not limited to, sign-language interpretation

23  for persons for whom the provision of such services may be

24  needed but which services are not required to be provided by

25  the state pursuant to s. 29.004, real-time transcription

26  services for individuals who are hearing impaired, and

27  assistive listening devices and the equipment necessary to

28  implement such accommodations.

29         (g)  "Existing radio systems" includes, but is not

30  limited to, law enforcement radio systems that are used by the

31  circuit and county courts, the offices of the public

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 1  defenders, the offices of the state attorneys, and for

 2  court-related functions of the offices of the clerks of the

 3  circuit and county courts. This includes radio systems that

 4  were operational or under contract at the time Revision No. 7,

 5  1998, to Art. V of the State Constitution was adopted and any

 6  enhancements made thereafter, the maintenance of those

 7  systems, and the personnel and supplies necessary for

 8  operation.

 9         (h)  "Existing multiagency criminal justice information

10  systems" includes, but is not limited to, those components of

11  the multiagency criminal justice information system as defined

12  in s. 943.045, supporting the offices of the circuit or county

13  courts, the public defenders' offices, the state attorneys'

14  offices, or those portions of the offices of the clerks of the

15  circuit and county courts performing court-related functions

16  that are used to carry out the court-related activities of

17  those entities. This includes upgrades and maintenance of the

18  current equipment, maintenance and upgrades of supporting

19  technology infrastructure and associated staff, and services

20  and expenses to assure continued information sharing and

21  reporting of information to the state. The counties shall also

22  provide additional information technology services, hardware,

23  and software as needed for new judges and staff of the state

24  courts system, state attorneys' offices, public defenders'

25  offices, and the offices of the clerks of the circuit and

26  county courts performing court-related functions.

27         Section 28.  Section 29.0085, Florida Statutes, is

28  created to read:

29         29.0085  Judicial Information Integration Competency

30  Center; steering committee; workgroups.--

31  

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 1         (1)  JUDICIAL INFORMATION INTEGRATION COMPETENCY

 2  CENTER.--

 3         (a)  Effective July 1, 2004, there is created the

 4  Judicial Information Integration Competency Center, which

 5  shall be administratively housed in the Justice Administrative

 6  Commission. The center shall consist of a steering committee,

 7  a data requirements workgroup, and a data network integration

 8  workgroup.

 9         (b)  The Judicial Information Integration Competency

10  Center shall provide to the Legislature recommendations for

11  meeting the requirements of s. 29.008(1)(f)2., relating to

12  integrated computer systems that support the operations and

13  management of the state courts system and that provide

14  appropriate legislative reports. The Judicial Information

15  Integration Competency Center shall establish for the state

16  courts system principles and requirements for minimal

17  horizontal data integration within any given judicial circuit

18  and minimal vertical data integration across judicial circuits

19  and with state entities; standards and protocols needed for

20  data integration; and strategies for achieving statewide

21  vertical data integration. Standards should be established for

22  each major type of case processed by the court system,

23  including, but not limited to, criminal, civil, juvenile,

24  probate, mental health, and traffic cases.

25         (c)  As used in this section, the term "state courts

26  system" means the Supreme Court, district courts of appeal,

27  circuit courts, county courts, offices of public defender,

28  offices of state attorney, and clerks of the circuit court.

29         (2)  COMPOSITION AND DUTIES OF THE STEERING

30  COMMITTEE.--

31  

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 1         (a)  The steering committee shall be composed of seven

 2  members as follows:

 3         1.  The Chief Justice of the Supreme Court, or his or

 4  her designee, who shall serve as the chair;

 5         2.  A state attorney, appointed by the Florida

 6  Prosecuting Attorneys Association;

 7         3.  A public defender, appointed by the Florida Public

 8  Defender Association;

 9         4.  A court clerk, appointed by the Florida Association

10  of Court Clerks;

11         5.  A county commissioner, appointed by the Florida

12  Association of Counties;

13         6.  A sheriff, appointed by the Florida Sheriff's

14  Association; and

15         7.  The Executive Director of the Department of Law

16  Enforcement or his or her designee.

17         (b)  Members of the steering committee shall be

18  appointed for 1-year terms, except for an appointment to fill

19  an unexpired term, in which event the appointment shall be for

20  the remainder of the unexpired term. In the case where a

21  member must hold office to be qualified for membership on the

22  steering committee, the member's term on the steering

23  committee shall expire upon failure to maintain the office.

24         (c)  The steering committee shall:

25         1.  Adopt a charter that defines the major objectives,

26  activities, and deliverables necessary to implement only the

27  requirements of this section.

28         2.  Adopt a work process that specifies how information

29  and reports from the workgroups will be collected and how

30  integration issues will be raised for analysis and

31  consideration.

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 1         3.  Define, oversee, and approve the activities and

 2  subsequent work products of the data requirements workgroup

 3  and the data network integration workgroup.

 4         4.  Assimilate and review the information and reports

 5  of the data requirements workgroup and the data network

 6  integration workgroup and provide a comprehensive report with

 7  policy, operational, and fiscal recommendations to the

 8  Governor, the President of the Senate, the Speaker of the

 9  House of Representatives, and the Chief Justice of the Supreme

10  Court by January 1, 2005.

11         (d)  The steering committee shall hold its initial

12  meeting no later than July 15, 2004, and shall subsequently

13  meet at the call of the chair. At its initial meeting, the

14  steering committee shall elect a member to serve as vice chair

15  and complete its duties specified in subparagraphs (c)1. and

16  2.

17         (e)  Steering committee members shall serve without

18  compensation but are entitled to reimbursement for expenses

19  incurred in carrying out their duties as provided in s.

20  112.061. Members who are public officers shall be reimbursed

21  through the budget entity through which they are compensated.

22         (3)  COMPOSITION AND DUTIES OF THE DATA REQUIREMENTS

23  WORKGROUP.--

24         (a)  The data requirements workgroup shall be composed

25  of eighteen members. To the extent possible, members appointed

26  should represent a cross-section of small, medium, and large

27  judicial circuits and court divisions, should be knowledgeable

28  concerning applicable business functions and related data

29  processing requirements, and shall be appointed as follows:

30         1.  The Chief Justice of the Supreme Court shall

31  appoint three members;

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 1         2.  The Florida Prosecuting Attorneys Association shall

 2  appoint three members;

 3         3.  The Florida Public Defender Association shall

 4  appoint three members;

 5         4.  The Florida Association of Court Clerks shall

 6  appoint three members;

 7         5.  The Florida Association of Counties shall appoint

 8  three members; and

 9         6.  The Florida Sheriff's Association shall appoint

10  three members.

11         (b)  Members of the data requirements workgroup shall

12  be appointed for 1-year terms, except for an appointment to

13  fill an unexpired term, in which event the appointment shall

14  be for the remainder of the unexpired term. In the case where

15  a member must hold office to be qualified for membership, the

16  member's term shall expire upon failure to maintain the

17  office.

18         (c)  The data requirements workgroup shall be

19  responsible for identifying the minimum data elements needed

20  by all state court system entities to conduct business

21  transactions and the security and access requirements needed

22  to achieve horizontal intracircuit data integration and

23  vertical statewide data integration. For purposes of the

24  workgroup's efforts, integration shall be defined to mean

25  providing authorized users of the state courts system, the

26  Legislature, and agencies within the executive branch access

27  to data reasonably required for performing official duties,

28  regardless of where that data is maintained. Such access must

29  comply with all federal and state laws defining and

30  establishing the access restrictions relating to such data,

31  including confidentiality requirements and security protocols

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 1  and standards. However, the workgroup may recommend changes to

 2  such state laws as deemed necessary to comply with the

 3  requirements of this section.

 4         (d)  The data requirements workgroup shall consider how

 5  existing systems or strategies implemented to date or being

 6  implemented may be used to facilitate the sharing of data

 7  within the state courts system and to meet legislative

 8  reporting requirements. Such existing systems or strategies

 9  may include, but are not limited to:

10         1.  The summary reporting system established pursuant

11  to s. 25.075;

12         2.  The traffic citation accounting and transmission

13  system established pursuant to s. 318.18;

14         3.  The offender-based transaction system established

15  pursuant to s. 943.05;

16         4.  Case management systems, such as the clerks of

17  court comprehensive case information system and the public

18  defenders and state attorneys STAC system; and

19         5.  Case management information systems developed by

20  the judicial circuits or counties.

21         (e)  The data requirements workgroup shall provide to

22  the steering committee its recommendations based upon the

23  following schedule:

24         1.  By October 31, 2004, those requirements of the

25  state courts system identified by the courts, the public

26  defenders, the state attorneys, the clerks of the court, the

27  counties, and the sheriffs; and

28         2.  By December 1, 2004, those requirements of state

29  agencies identified by such agencies, including, but not

30  limited to, the Department of Law Enforcement, the Department

31  of Corrections, the Department of Children and Family

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 1  Services, the Department of Juvenile Justice, and the

 2  Department of Highway Safety and Motor Vehicles.

 3         (f)  Members of the data requirements workgroup shall

 4  serve without compensation but are entitled to reimbursement

 5  for expenses incurred in carrying out their duties as provided

 6  in s. 112.061. Members who are public officers shall be

 7  reimbursed through the budget entity through which they are

 8  compensated.

 9         (4)  COMPOSITION AND DUTIES OF THE DATA NETWORK

10  INTEGRATION WORKGROUP.--

11         (a)  The data network integration workgroup shall be

12  composed of eighteen members. To the extent possible, members

13  appointed should represent a cross-section of small, medium,

14  and large judicial circuits and court divisions; be

15  knowledgeable concerning information system networks and

16  infrastructure within his or her judicial circuit; and be

17  appointed as follows:

18         1.  The Chief Justice of the Supreme Court shall

19  appoint three members;

20         2.  The Florida Prosecuting Attorneys Association shall

21  appoint three members;

22         3.  The Florida Public Defender Association shall

23  appoint three members;

24         4.  The Florida Association of Court Clerks shall

25  appoint three members;

26         5.  The Florida Association of Counties shall appoint

27  three members; and

28         6.  The Florida Sheriff's Association shall appoint

29  three members.

30         (b)  Members of the data network integration workgroup

31  shall be appointed for 1-year terms, except for an appointment

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 1  to fill an unexpired term, in which event the appointment

 2  shall be for the remainder of the unexpired term. In the case

 3  where a member must hold office to be qualified for

 4  membership, the member's term shall expire upon failure to

 5  maintain the office.

 6         (c)  The data network integration workgroup shall be

 7  responsible for defining the minimal network standards,

 8  protocols, and processes that will provide for secure

 9  horizontal intracircuit and vertical statewide transfer and

10  exchange of state courts system data and legislative reporting

11  data, including the minimal capacities required for such

12  transmissions.

13         (d)  The data network integration workgroup shall

14  consider the network standards, protocols, and processes that

15  have been defined by the Florida Criminal Justice Intranet

16  Service Network pursuant to s. 943.08, the state courts

17  system, and other entities involved in the administration of

18  justice, and shall address the network needs of each of the

19  court system entities, including access and security

20  requirements for all authorized users. The workgroup shall

21  consider standards, protocols, and processes that integrate

22  disparate network systems using open standards and data

23  warehouse and middleware connectivity strategies such that

24  existing networks can be maintained and leveraged.

25         (e)  The data network integration workgroup shall

26  submit to the steering committee, no later than December 1,

27  2004, recommendations on network integration standards,

28  protocols, and processes that allows for the horizontal

29  intracircuit and the vertical statewide transfer and exchange

30  of data.

31  

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 1         (f)  Members of the data network integration workgroup

 2  shall serve without compensation, but are entitled to

 3  reimbursement for expenses incurred in carrying out their

 4  duties as provided in s. 112.061. Members who are public

 5  officers shall be reimbursed through the budget entity through

 6  which they are compensated.

 7         (5)  LIMITATION ON RULES OR ORDERS.--During the

 8  existence of the Judicial Information Integration Competency

 9  Center, no judicial rule may be adopted or administrative

10  order entered which directs or controls the development,

11  implementation, or operation of the components of the

12  integrated computer systems required pursuant to s. 29.008.

13         (6)  ADMINISTRATION.--Subject to the limits of specific

14  appropriations made for this purpose, the steering committee

15  shall be staffed by the Justice Administrative Commission to

16  assist the steering committee and workgroups to effectively

17  and timely carry out their duties and responsibilities. Such

18  staff, or contracted consultants, shall be administratively

19  housed within or contractually administered by the Justice

20  Administrative Commission, but shall work at the direction of

21  the steering committee.

22         Section 29.  The sum of $500,000 is appropriated to the

23  Justice Administrative Commission on a nonrecurring basis for

24  the 2004-2005 fiscal year from the General Revenue Fund and

25  three additional positions are authorized for the Justice

26  Administrative Commission for the purposes of staffing and

27  paying the expenses of the Judicial Information Integration

28  Competency Center. These appropriated funds may be used to

29  hire staff or consultants to work at the sole direction of the

30  steering committee. If consultants are hired such that all or

31  none of the positions authorized in this section are filled,

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 1  the Executive Office of the Governor shall place the unused

 2  positions in mandatory reserve.

 3         Section 30.  Subsection (1) of section 29.016, Florida

 4  Statutes, is amended to read:

 5         29.016  Contingency fund; judicial branch.--

 6         (1)  An appropriation may be provided in the General

 7  Appropriations Act for the judicial branch to serve as a

 8  contingency fund to alleviate deficits in contracted due

 9  process services appropriation categories which, including

10  private court-appointed counsel categories, that may occur

11  from time to time due to extraordinary events that lead to

12  unexpected expenditures.

13         Section 31.  Subsections (1) and (2) of section 34.01,

14  Florida Statutes, are amended to read:

15         34.01  Jurisdiction of county court.--

16         (1)  County courts shall have original jurisdiction:

17         (a)  In all misdemeanor cases not cognizable by the

18  circuit courts;

19         (b)  Of all violations of municipal and county

20  ordinances; and

21         (c)  Of all actions at law in which the matter in

22  controversy does not exceed the sum of $15,000, exclusive of

23  interest, costs, and attorney's fees, except those within the

24  exclusive jurisdiction of the circuit courts. The party

25  instituting any civil action, suit, or proceeding pursuant to

26  this paragraph where the amount in controversy is in excess of

27  $5,000 shall pay to the clerk of the county court the filing

28  fees and service charges in the same amounts and in the same

29  manner as provided in s. 28.241.

30         (2)  The county courts shall have jurisdiction

31  previously exercised by county judges' courts other than that

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 1  vested in the circuit court by s. 26.012, except that county

 2  court judges may hear matters involving dissolution of

 3  marriage under the simplified dissolution procedure pursuant

 4  to the Florida Family Law Rules of Procedure Rule 1.611(c),

 5  Florida Rules of Civil Procedure or may issue a final order

 6  for dissolution in cases where the matter is uncontested, and

 7  the jurisdiction previously exercised by county courts, the

 8  claims court, small claims courts, small claims magistrates

 9  courts, magistrates courts, justice of the peace courts,

10  municipal courts, and courts of chartered counties, including

11  but not limited to the counties referred to in ss. 9, 10, 11,

12  and 24, Art. VIII of the State Constitution of 1885.

13         Section 32.  Section 34.041, Florida Statutes, as

14  amended by section 52 of chapter 2003-402, Laws of Florida, is

15  amended to read:

16         34.041  Filing and appearance fees.--

17         (1)(a)  Upon the institution of any civil action, suit,

18  or proceeding in county court, the party shall clerk of court

19  may require the plaintiff, when filing an action or

20  proceeding, to pay the following filing fee, not to exceed:

21         1.(a)  For all claims less than $100 ..............$50.

22         2.(b)  For all claims of $100 or more but not more than

23  $500 .....................................................$75.

24         3.(c)  For all claims of more than $500 but not more

25  than $2,500..............................................$150.

26         4.  For all claims of more than $2,500 but not more

27  than $5,000..............................................$200.

28         5.(d)  For all claims of more than $5,000 $2,500..$250.

29         6.(e)  In addition, for all proceedings of garnishment,

30  attachment, replevin, and distress........................$75.

31         7.(f)  For removal of tenant action................$75.

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 1         (b)  The first $50 of the filing fee collected under

 2  subparagraph (1)(a)5. paragraph (d) shall be remitted to the

 3  Department of Revenue for deposit into the General Revenue

 4  Fund. One-third of any filing fees collected by the clerk

 5  under this section paragraph (d) in excess of the first $50

 6  collected under subparagraph (1)(a)5. shall be remitted to the

 7  Department of Revenue for deposit into the Department of

 8  Revenue Clerks of the Court Trust Fund. An additional filing

 9  fee of $4 shall be paid to the clerk. The clerk shall transfer

10  $3.50 to the Department of Revenue for deposit into the Court

11  Education Trust Fund and shall transfer 50 cents to the Clerk

12  of Court Operations Conference to fund clerk education.

13         (c)  Postal charges incurred by the clerk of the county

14  court in making service by mail on defendants or other parties

15  shall be paid by the party at whose instance service is made.

16  Except as provided herein, filing fees and service charges for

17  performing duties of the clerk relating to the county court

18  shall be as provided in s. ss. 28.24 and 28.241. Except as

19  otherwise provided herein, all filing fees shall be retained

20  as fee income of the office of the clerk of circuit court.

21  Filing fees imposed by this section may not be added to any

22  penalty imposed by chapter 316 or chapter 318.

23         (2)  Notwithstanding any law to the contrary, a board

24  of county commissioners that imposed by ordinance increased

25  fees or service charges under s. 28.2401, s. 28.241, or this

26  section for the purpose of securing payment of the principal

27  of and interest on bonds issued by the county before July 1,

28  2003, to finance state court facilities may impose by

29  ordinance a surcharge of up to $30 in excess of the fees or

30  service charges set forth in this section. Such surcharge

31  shall not be waived by the court. Revenue from the surcharge

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 1  shall be used to pay the principal of and interest on the

 2  bonds until the date of stated maturity. The bonds may be

 3  refunded only if:

 4         1.  Savings will be realized on payments of debt

 5  service; and

 6         2.  The refunding bonds are scheduled to mature on the

 7  same date or before the bonds being refunded.

 8         (3)  Except as provided in s. 28.345, a party reopening

 9  any civil action, suit, or proceeding in the county court

10  shall pay to the clerk of court a filing fee set by the clerk

11  in an amount not to exceed $50. For purposes of this section,

12  a case is reopened when a case previously reported as disposed

13  of is resubmitted to a court and includes petitions for

14  modification of a final judgment of dissolution. A party is

15  exempt from paying the fee for any of the following:

16         1.  Writ of Garnishment;

17         2.  Writ of Replevin;

18         3.  Distress Writ;

19         4.  Writ of Attachment;

20         5.  Motion for rehearing filed within 10 days;

21         6.  Motion for attorney's fees filed within 30 days of

22  the entry of the judgment or final order;

23         7.  Motion for dismissal filed after a mediation

24  agreement has been filed;

25         8.  Disposition of personal property without

26  administration;

27         9.  Any probate case prior to the discharge of a

28  personal representative;

29         10.  Any guardianship pleading prior to discharge;

30         11.  Any mental health pleading;

31         12.  Motions to withdraw by attorneys;

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 1         13.  Motions exclusively for the enforcement of child

 2  support orders;

 3         14.  Petition for credit of child support;

 4         15.  Stipulations;

 5         16.  Responsive pleadings; or

 6         17.  Cases in which there is no initial filing fee.

 7         (4)(2)  If a party fails shall fail to pay accrued

 8  costs, though able to do so, the judge may shall have power to

 9  deny that party the right to file any new case while such

10  costs remain unpaid and, likewise, to deny such litigant the

11  right to proceed further in any case pending.

12         (5)(3)  In criminal proceedings in county courts, costs

13  shall be taxed against a person in county court upon

14  conviction or estreature pursuant to chapter 939.

15         (6)(4)  Upon the institution of any appellate

16  proceeding from the county court to the circuit court,

17  including appeals filed by a county or municipality, the clerk

18  shall charge and collect there shall be charged and collected

19  from the party or parties instituting the such appellate

20  proceedings, including appeals filed by a county or

21  municipality, filing fees as provided in s. 28.241 chapter 28.

22         (7)(5)  A charge or a fee may not be imposed upon a

23  party for responding by pleading, motion, or other paper to a

24  civil or criminal action, suit, or proceeding in a county

25  court or to an appeal to the circuit court.

26         (8)(6)  For purposes of this section, the term "party"

27  "plaintiff" includes a county or municipality filing any civil

28  action.

29         (9)  From each attorney appearing pro hac vice, the

30  clerk must collect a fee of $100 for deposit into the General

31  Revenue Fund.

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 1         Section 33.  Section 34.191, Florida Statutes, as

 2  amended by section 56 of chapter 2003-402, Laws of Florida, is

 3  amended to read:

 4         34.191  Fines and forfeitures.--All fines and

 5  forfeitures arising from offenses tried in the county court

 6  shall be collected and accounted for by the clerk of the

 7  court. All fines and forfeitures received from violations of

 8  municipal ordinances committed within a municipality within

 9  the territorial jurisdiction of the county court shall be paid

10  monthly to the municipality except as provided in s. 318.21 or

11  s. 943.25. All other fines and forfeitures collected by the

12  clerk shall be considered income of the office of the clerk

13  for use in performing court-related duties of the office. The

14  clerk of court or the governing body of the municipality, as

15  appropriate, may pursue the collection of any of the unpaid

16  financial obligations to which it is entitled which remain

17  unpaid for 90 days or more, or refer such collection to a

18  private attorney who is a member in good standing of The

19  Florida Bar or collection agent who is registered and in good

20  standing pursuant to chapter 559. In pursuing the collection

21  of such unpaid financial obligations through a private

22  attorney or collection agent, the clerk of court or the

23  governing body of the municipality, as appropriate, must

24  determine this is cost-effective and follow applicable

25  procurement practices. The cost of collection, including a

26  reasonable attorney's fee, may be recovered by adding the cost

27  and fee to the balance owed, except that such fee and cost may

28  not exceed 40 percent of the balance owed.

29         Section 34.  Section 35.22, Florida Statutes, is

30  amended to read:

31  

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 1         35.22  Clerk of district court; appointment;

 2  compensation; assistants; filing and appearance fees;

 3  teleconferencing.--

 4         (1)  Each district court of appeal shall appoint a

 5  clerk who shall be paid an annual salary to be determined in

 6  accordance with s. 25.382.

 7         (2)  The clerk is authorized to employ such deputies

 8  and clerical assistants as may be necessary.  Their number and

 9  compensation shall be approved by the court, and paid from the

10  annual appropriation for the district courts of appeal.

11         (3)  The clerk, upon the filing of a certified copy of

12  a notice of appeal or petition, shall charge and collect a

13  filing fee service charge of $350 $250 for each case docketed,

14  and for copying, certifying or furnishing opinions, records,

15  papers or other instruments and for other services the same

16  service charges as provided in s. 28.24. The State of Florida

17  or its agencies, when appearing as appellant or petitioner, is

18  exempt from the filing fee required in this subsection. From

19  each attorney appearance pro hac vice, the clerk must collect

20  a fee of $100 for deposit as provided in this section.

21         (4)  The opinions of the district court of appeal shall

22  not be recorded, but the original as filed shall be preserved

23  with the record in each case.

24         (5)  The clerk is authorized immediately after a case

25  is disposed of, to supply the judge who tried the case and

26  from whose order, judgment, or decree, appeal or other review

27  is taken, a copy of all opinions, orders, or judgments filed

28  in such case. Copies of opinions, orders, and decrees shall be

29  furnished in all cases to each attorney of record and for

30  publication in Florida reports to the authorized publisher

31  

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 1  without charge, and copies furnished to other law book

 2  publishers at one-half the regular statutory fee.

 3         (6)  The clerk of each district court of appeal is

 4  required to deposit all fees collected in the State Treasury

 5  to the credit of the General Revenue Fund, except that $100 of

 6  each $350 filing fee collected shall be deposited into the

 7  state courts' Grants and Donations Trust Fund to fund court

 8  improvement projects as authorized in the General

 9  Appropriations Act. The clerk shall retain an accounting of

10  each such remittance.

11         (7)  The clerk of the district court of appeal is

12  authorized to collect a fee from the parties to an appeal

13  reflecting the actual cost of conducting the proceeding

14  through teleconferencing where the parties have requested that

15  an oral argument or mediation be conducted through

16  teleconferencing.  The fee collected for this purpose shall be

17  used to offset the expenses associated with scheduling the

18  teleconference and shall be deposited in the

19  Mediation/Arbitration Trust Fund.

20         Section 35.  Section 40.29, Florida Statutes, as

21  amended by section 62 of chapter 2003-402, Laws of Florida, is

22  amended to read:

23         40.29  Payment of Clerks to make estimates and

24  requisitions for certain due process costs.--

25         (1)(a)  The clerk of the circuit court, on behalf of

26  the courts, the state attorney and public defender shall

27  forward to the Justice Administrative Commission, by county, a

28  quarterly estimate of funds necessary to pay for witnesses,

29  except for expert witnesses paid pursuant to a contract or

30  other professional services agreement pursuant to ss. 29.005

31  and 29.006.

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 1         (b)  Each clerk of the circuit court shall forward to

 2  the Office of State Courts Administrator, by county, a

 3  quarterly estimate of funds necessary to pay juror

 4  compensation. The clerk of the court in and for any county

 5  shall make an estimate of the amount necessary during any

 6  quarterly fiscal period beginning July 1 and during each

 7  succeeding quarterly fiscal period for the payment by the

 8  state of juror compensation and expenses; court reporter,

 9  interpreter, and translator services; witnesses, including

10  expert witnesses; mental health professionals; and private

11  court-appointed counsel, each in accordance with the

12  applicable requirements of ss. 29.005, 29.006, and 29.007. The

13  clerk of such court shall forward each such estimate to the

14  Justice Administrative Commission no later than the date

15  scheduled by the Justice Administrative Commission. At the

16  time of any forwarding of such estimate, the clerk of such

17  court shall make a requisition upon the Justice Administrative

18  Commission for the amount of such estimate; and the Justice

19  Administrative Commission may reduce the amount upon finding

20  that the costs are unreasonable, inconsistent with applicable

21  contractual terms, or inconsistent with compensation standards

22  established by general law.

23         (2)  Upon receipt of an estimate pursuant to subsection

24  (1), the Justice Administrative Commission or Office of State

25  Courts Administrator, as applicable, shall endorse the amount

26  deemed necessary for payment by the clerk of the court during

27  the quarterly fiscal period and shall submit a request for

28  payment to the Chief Financial Officer. The provisions of

29  chapter 82-176, Laws of Florida, shall take effect July 1,

30  1982, except that those provisions which provide for the state

31  assumption of witness fees which are currently paid by the

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 1  counties shall take effect on a date determined by the

 2  appropriation of funds for this purpose.

 3         (3)  Upon receipt of the funds from the Chief Financial

 4  Officer, the clerk of the court shall pay all invoices

 5  approved and submitted by the state attorney, public defender,

 6  and circuit court administrator for the items enumerated in

 7  paragraphs (1)(a) and (b).

 8         (4)  After review for compliance with the rates and

 9  requirements set by the circuit Article V indigent services

10  committees, the Article V Indigent Services Advisory Board,

11  and other applicable general laws, the Justice Administrative

12  Commission shall pay all due process service related invoices,

13  except those enumerated in paragraphs (1)(a) and (b), approved

14  and submitted by the state attorney, public defender, or court

15  appointed counsel in accordance with the applicable

16  requirements of ss. 29.005, 29.006, and 29.007.

17         Section 36.  Section 40.32, Florida Statutes, is

18  amended to read:

19         40.32  Clerks to disburse money.--All moneys drawn from

20  the treasury under the provisions of this chapter by the clerk

21  of the court shall be disbursed by the clerk of the court as

22  far as needed in payment of jurors and witnesses, except for

23  expert witnesses paid pursuant to a contract or other

24  professional services agreement pursuant to ss. 29.004,

25  29.005, 29.006, and 29.007, for the legal compensation for

26  service during the quarterly fiscal period for which said

27  moneys were drawn and for no other purposes.  Jurors and

28  witnesses shall be paid by the clerk of the court either in

29  cash or by warrant within 20 days after completion of jury

30  service or of completion of service as a witness. Whenever the

31  clerk of the court pays a juror or witness by cash, said juror

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 1  or witness shall sign the payroll in the presence of the

 2  clerk, a deputy clerk, or some other person designated by the

 3  clerk.  Whenever the clerk pays a juror or witness by warrant,

 4  he or she shall endorse on the payroll opposite the juror's or

 5  witness's name the words "Paid by warrant," giving the number

 6  and date of the warrant.

 7         Section 37.  Section 44.108, Florida Statutes, as

 8  amended by section 66 of chapter 2003-402, Laws of Florida, is

 9  amended to read:

10         44.108  Funding of mediation and arbitration.--

11         (1)  Mediation should be accessible to all parties

12  regardless of financial status. In addition to other fees,

13  fines, service charges, and costs levied by law, a filing fee

14  of $1 is levied on all proceedings in the circuit or county

15  courts to fund mediation and arbitration services which are

16  the responsibility of the Supreme Court pursuant to the

17  provisions of s. 44.106. The clerk of the court shall forward

18  the moneys collected to the Department of Revenue for deposit

19  in the state courts' Mediation and Arbitration Trust Fund.

20         (2)  Fees for mediation services provided by the state

21  in the county or counties of the circuit shall be set by the

22  Trial Court Budget Commission in accordance with the

23  guidelines adopted by the Supreme Court. Any such fees

24  collected by the clerk of court, after deduction of a $1 per

25  fee assessment, shall be forwarded to the Department of

26  Revenue for deposit in the state courts' Mediation and

27  Arbitration Trust Fund for the specific purpose of funding the

28  costs of providing mediation services. Such funds shall be

29  allocated to the circuits in the amounts collected by the

30  circuit to supplement the costs of providing such services.

31  

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 1         Section 38.  Subsection (1) of section 45.031, Florida

 2  Statutes, is amended to read:

 3         45.031  Judicial sales procedure.--In any sale of real

 4  or personal property under an order or judgment, the following

 5  procedure may be followed as an alternative to any other sale

 6  procedure if so ordered by the court:

 7         (1)  SALE BY CLERK.--In the order or final judgment,

 8  the court shall direct the clerk to sell the property at

 9  public sale on a specified day that shall be not less than 20

10  days or more than 35 days after the date thereof, on terms and

11  conditions specified in the order or judgment.  A sale may be

12  held more than 35 days after the date of final judgment or

13  order if the plaintiff or plaintiff's attorney consents to

14  such time.  Any sale held more than 35 days after the final

15  judgment or order shall not affect the validity or finality of

16  the final judgment or order or any sale held pursuant thereto.

17  Notice of sale shall be published once a week for 2

18  consecutive weeks in a newspaper of general circulation, as

19  defined in chapter 50, published in the county where the sale

20  is to be held. The second publication shall be at least 5 days

21  before the sale. The notice shall contain:

22         (a)  A description of the property to be sold.

23         (b)  The time and place of sale.

24         (c)  A statement that the sale will be made pursuant to

25  the order or final judgment.

26         (d)  The caption of the action.

27         (e)  The name of the clerk making the sale.

28  

29  The clerk shall receive a service charge of up to $60 $40 for

30  services in making, recording, and certifying the sale and

31  title that shall be assessed as costs. The court, in its

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 1  discretion, may enlarge the time of the sale.  Notice of the

 2  changed time of sale shall be published as provided herein.

 3         Section 39.  Section 50.0711, Florida Statutes, is

 4  created to read:

 5         (1)  The clerk of the court in each county is

 6  authorized to establish a court docket fund for the purpose of

 7  paying the cost of publication of the fact of the filing of

 8  any civil case in the circuit court of its county by the style

 9  and of the calendar relating to such cases. This court docket

10  fund shall be funded by a service charge of $1 added to the

11  filing fee for all civil actions, suits, or proceedings filed

12  in the circuit court of the subject county. The clerk shall

13  maintain such funds separate and apart, and the aforesaid fee

14  shall not be diverted to any other fund or for any purpose

15  other than that established herein. The clerk of the court

16  shall dispense the fund to the designated record newspaper in

17  the county on a quarterly basis.

18         (2)  A newspaper qualified under the terms of s. 50.011

19  shall be designated as the record newspaper for such

20  publication by an order of the majority of the judges in the

21  judicial circuit in which the subject county is located and

22  such order shall be filed and recorded with the clerk of the

23  circuit court for the subject county. The designated record

24  newspaper may be changed at the end of any fiscal year of the

25  county by a majority vote of the judges of the judicial

26  circuit of the county so ordering 30 days prior to the end of

27  the fiscal year, notice of which order shall be given to the

28  previously designated record newspaper.

29         (3)  The publishers of any designated record newspapers

30  receiving payment from this court docket fund shall publish,

31  without additional charge, the fact of the filing of any civil

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 1  case, suit, or action filed in the subject county of the

 2  circuit. Such publication shall be in accordance with a

 3  schedule agreed upon between the record newspaper and the

 4  clerk of the court in the subject county.

 5         Section 40.  Subsection (5) of section 55.10, Florida

 6  Statutes, as amended by section 68 of chapter 2003-402, Laws

 7  of Florida, is amended to read:

 8         55.10  Judgments, orders, and decrees; lien of all,

 9  generally; extension of liens; transfer of liens to other

10  security.--

11         (5)  Any lien claimed under this section may be

12  transferred, by any person having an interest in the real

13  property upon which the lien is imposed or the contract under

14  which the lien is claimed, from such real property to other

15  security by either depositing in the clerk's office a sum of

16  money or filing in the clerk's office a bond executed as

17  surety by a surety insurer licensed to do business in this

18  state. Such deposit or bond shall be in an amount equal to the

19  amount demanded in such claim of lien plus interest thereon at

20  the legal rate for 3 years plus $500 to apply on any court

21  costs which may be taxed in any proceeding to enforce said

22  lien. Such deposit or bond shall be conditioned to pay any

23  judgment, order, or decree which may be rendered for the

24  satisfaction of the lien for which such claim of lien was

25  recorded and costs plus $500 for court costs. Upon such

26  deposit being made or such bond being filed, the clerk shall

27  make and record a certificate showing the transfer of the lien

28  from the real property to the security and mail a copy thereof

29  by registered or certified mail to the lienor named in the

30  claim of lien so transferred, at the address stated therein.

31  Upon the filing of the certificate of transfer, the real

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 1  property shall thereupon be released from the lien claimed,

 2  and such lien shall be transferred to said security. The clerk

 3  shall be entitled to a service charge fee of up to $15 for

 4  making and serving the certificate. If the transaction

 5  involves the transfer of multiple liens, an additional charge

 6  of up to $7.50 for each additional lien shall be charged. Any

 7  number of liens may be transferred to one such security.

 8         Section 41.  Subsection (2) of section 55.141, Florida

 9  Statutes, as amended by section 69 of chapter 2003-402, Laws

10  of Florida, is amended to read:

11         55.141  Satisfaction of judgments and decrees; duties

12  of clerk and judge.--

13         (2)  Upon such payment, the clerk, or the judge if

14  there is no clerk, shall issue his or her receipt therefor and

15  shall record a satisfaction of judgment, provided by the

16  judgment holder, upon payment of the recording charge

17  prescribed in s. 28.24(15) s. 28.24(12) plus the necessary

18  costs of mailing to the clerk or judge. The clerk or judge

19  shall formally notify the owner of record of such judgment or

20  decree, if such person and his or her address are known to the

21  clerk or judge receiving such payment, and, upon request

22  therefor, shall pay over to the person entitled, or to his or

23  her order, the full amount of the payment so received, less

24  his or her service charge fees for providing a receipt upon

25  the court issuing a writ of execution on such judgment or

26  decree, if any has been issued, and less his or her service

27  charge fees for receiving into and paying out of the registry

28  of the court such payment, together with the service charge

29  fees of the clerk for receiving into and paying such money out

30  of the registry of the court.

31  

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 1         Section 42.  Section 55.312, Florida Statutes, is

 2  created to read:

 3         55.312  Service charge on certain money judgments and

 4  settlement agreements.--

 5         (1)(a)  A service charge equal to one-tenth of 1

 6  percent of the amount of each money judgment or settlement

 7  agreement in excess of $100,000 entered by a circuit court in

 8  this state in any civil action for damages, other than an

 9  action for dissolution of marriage, shall be collected by and

10  paid to the clerk of the court in the circuit where the action

11  was filed. The service charge shall not apply to settlements

12  reached at or before final pretrial conference.

13         (b)  By agreement of the parties, the service charge

14  may be paid by any party or allocated to more than one party;

15  however, if there is no agreement among the parties as to

16  which party shall pay the service charge, the responsibility

17  to pay it falls equally on each party to the action pro rata.

18  The payment of the service charge shall be made at the time

19  the payment or settlement is paid. If the parties enter into a

20  confidential settlement, the amount of the settlement may be

21  disclosed by the parties to the court, in camera, in order for

22  the service charge to be assessed.

23         (2)  The service charge imposed by this section shall

24  be used to offset the general expense of the Florida Access to

25  Civil Legal Assistance Act, ss. 68.094-68.105. The service

26  charge does not apply if the paying party is a state or local

27  governmental agency.

28         (3)  The clerk of the court shall remit the service

29  charge receipts collected under this section to the Department

30  of Revenue. The Department of Revenue shall deposit the first

31  $5 million received each year into the Grants and Donations

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 1  Trust Fund of the Department of Community Affairs to fund

 2  access to civil legal assistance as provided in subsection

 3  (2), and the Department of Revenue shall deposit any excess

 4  into the General Revenue Fund.

 5         (4)  The Department of Revenue shall adopt rules

 6  governing the assessment, collection, and periodic remittance

 7  of the service charge to the department, and the required

 8  forms and procedures. The department shall collect any service

 9  charge if the department determines, upon investigation, that

10  the charge was due but not timely remitted to the department.

11  The rules shall require that remittance be made to the

12  department within 30 days after the charge is collected by the

13  clerk.

14         (5)  An attorney licensed to practice in this state may

15  not disburse any proceeds to a client in a civil case,

16  mediation, or arbitration to which the service charge applies

17  unless the attorney or the trial court provides for the

18  assessment, allocation, and remittance of the applicable pro

19  rata share of the service charge.

20         (6)  Any party who fails to remit the service charge

21  assessed pursuant to this section within 90 days after the

22  date of the assessment commits a misdemeanor of the second

23  degree, punishable as provided in s. 775.082 or s. 775.083.

24         (7)  Before February 1 of each year, the Department of

25  Revenue shall report in writing to the President of the Senate

26  and the Speaker of the House of Representatives the dollar

27  amount of remittances received by the department in the prior

28  calendar year, by county.

29         Section 43.  Section 57.085, Florida Statutes, as

30  amended by section 72 of chapter 2003-402, Laws of Florida, is

31  amended to read:

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 1         57.085  Deferral Waiver of prepayment of court costs

 2  and fees for indigent prisoners.--

 3         (1)  For the purposes of this section, the term

 4  "prisoner" means a person who has been convicted of a crime

 5  and is incarcerated for that crime or who is being held in

 6  custody pending extradition or sentencing.

 7         (2)  When a prisoner who is intervening in or

 8  initiating a judicial proceeding seeks to defer the prepayment

 9  of court costs and fees because of indigence, the prisoner

10  must file an affidavit of indigence with the appropriate clerk

11  of the court. The affidavit must contain complete information

12  about the prisoner's identity; the nature and amount of the

13  prisoner's income; all real property owned by the prisoner;

14  all tangible and intangible property worth more than $100

15  which is owned by the prisoner; the amount of cash held by the

16  prisoner; the balance of any checking, savings, or money

17  market account held by the prisoner; the prisoner's

18  dependents, including their names and ages; the prisoner's

19  debts, including the name of each creditor and the amount owed

20  to each creditor; and the prisoner's monthly expenses. The

21  prisoner must certify in the affidavit whether the prisoner

22  has been adjudicated indigent under this section, certified

23  indigent under s. 57.081, or authorized to proceed as an

24  indigent under 28 U.S.C. s. 1915 by a federal court. The

25  prisoner must attach to the affidavit a photocopy of the

26  prisoner's trust account records for the preceding 6 months or

27  for the length of the prisoner's incarceration, whichever

28  period is shorter. The affidavit must contain the following

29  statements: "I am unable to pay court costs and fees. Under

30  penalty of perjury, I swear or affirm that all statements in

31  this affidavit are true and complete."

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 1         (3)  Before a prisoner may receive a deferral of

 2  prepayment of any court costs and fees for an action brought

 3  under this section, the clerk of court must review the

 4  affidavit and certify the prisoner is indigent.

 5         (4)  When the clerk has issued a certificate of

 6  indigence under this section but concludes the prisoner is

 7  able to pay part of the court costs and fees required by law,

 8  the court shall order the prisoner to make, prior to service

 9  of process, an initial partial payment of those court costs

10  and fees. The initial partial payment must total at least 20

11  percent of the average monthly balance of the prisoner's trust

12  account for the preceding 6 months or for the length of the

13  prisoner's incarceration, whichever period is shorter.

14         (5)  When the clerk has issued a certificate of

15  indigence under this section, the court shall order the

16  prisoner to make monthly payments of no less than 20 percent

17  of the balance of the prisoner's trust account as payment of

18  court costs and fees. When a court orders such payment, the

19  Department of Corrections or the local detention facility

20  shall place a lien on the inmate's trust account for the full

21  amount of the court costs and fees, and shall withdraw money

22  maintained in that trust account and forward the money, when

23  the balance exceeds $10, to the appropriate clerk of the court

24  until the prisoner's court costs and fees are paid in full.

25         (6)  Before an indigent prisoner may intervene in or

26  initiate any judicial proceeding, the court must review the

27  prisoner's claim to determine whether it is legally sufficient

28  to state a cause of action for which the court has

29  jurisdiction and may grant relief.  The court shall dismiss

30  all or part of an indigent prisoner's claim which:

31  

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 1         (a)  Fails to state a claim for which relief may be

 2  granted;

 3         (b)  Seeks monetary relief from a defendant who is

 4  immune from such relief;

 5         (c)  Seeks relief for mental or emotional injury where

 6  there has been no related allegation of a physical injury; or

 7         (d)  Is frivolous or, malicious, or reasonably appears

 8  to be intended to harass one or more named defendants.

 9         (7)  A prisoner who has twice in the preceding 3 years

10  been adjudicated indigent under this section, certified

11  indigent under s. 57.081, or authorized to proceed as an

12  indigent under 28 U.S.C. s. 1915 by a federal court may not be

13  adjudicated indigent to pursue a new suit, action, claim,

14  proceeding, or appeal without first obtaining leave of court.

15  In a request for leave of court, the prisoner must provide a

16  complete listing of each suit, action, claim, proceeding, or

17  appeal brought by the prisoner or intervened in by the

18  prisoner in any court or other adjudicatory forum in the

19  preceding 5 years.  The prisoner must attach to a request for

20  leave of court a copy of each complaint, petition, or other

21  document purporting to commence a lawsuit and a record of

22  disposition of the proceeding.

23         (8)  In any judicial proceeding in which a certificate

24  of indigence has been issued to a prisoner, the court may at

25  any time dismiss the prisoner's action, in whole or in part,

26  upon a finding that:

27         (a)  The prisoner's claim of indigence is false or

28  misleading;

29         (b)  The prisoner provided false or misleading

30  information regarding another judicial or administrative

31  proceeding in which the prisoner was a party;

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 1         (c)  The prisoner failed to pay court costs and fees

 2  under this section despite having the ability to pay; or

 3         (d)  The prisoner's action or a portion of the action

 4  is frivolous or malicious.

 5         (9)  In determining whether an action is frivolous or

 6  malicious, the court may consider whether:

 7         (a)  The prisoner's claim has no arguable basis in law

 8  or fact;

 9         (b)  The prisoner's claim reasonably appears intended

10  solely to harass a party filed against;

11         (c)  The prisoner's claim is substantially similar to a

12  previous claim in that it involves the same parties or arises

13  from the same operative facts as a previous claim;

14         (d)  The prisoner's claim has little likelihood of

15  success on its merits; or

16         (e)  The allegations of fact in the prisoner's claim

17  are fanciful or not credible.

18         (10)  This section does not apply to a criminal

19  proceeding or a collateral criminal proceeding.

20         Section 44.  Paragraph (b) of subsection (6) of section

21  61.14, Florida Statutes, as amended by section 73 of chapter

22  2003-402, Laws of Florida, is amended to read:

23         61.14  Enforcement and modification of support,

24  maintenance, or alimony agreements or orders.--

25         (6)

26         (b)1.  When an obligor is 15 days delinquent in making

27  a payment or installment of support and the amount of the

28  delinquency is greater than the periodic payment amount

29  ordered by the court, the local depository shall serve notice

30  on the obligor informing him or her of:

31         a.  The delinquency and its amount.

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 1         b.  An impending judgment by operation of law against

 2  him or her in the amount of the delinquency and all other

 3  amounts which thereafter become due and are unpaid, together

 4  with costs and a fee of up to $7.50 $5, for failure to pay the

 5  amount of the delinquency.

 6         c.  The obligor's right to contest the impending

 7  judgment and the ground upon which such contest can be made.

 8         d.  The local depository's authority to release

 9  information regarding the delinquency to one or more credit

10  reporting agencies.

11         2.  The local depository shall serve the notice by

12  mailing it by first class mail to the obligor at his or her

13  last address of record with the local depository. If the

14  obligor has no address of record with the local depository,

15  service shall be by publication as provided in chapter 49.

16         3.  When service of the notice is made by mail, service

17  is complete on the date of mailing.

18         Section 45.  Paragraph (b) of subsection (2) of section

19  61.181, Florida Statutes, is amended to read:

20         61.181  Depository for alimony transactions, support,

21  maintenance, and support payments; fees.--

22         (2)

23         (b)1.  For the period of July 1, 1992, through June 30,

24  2004, The fee imposed in paragraph (a) shall be increased to 4

25  percent of the support payments which the party is obligated

26  to pay, except that no fee shall be more than $5.25. The fee

27  shall be considered by the court in determining the amount of

28  support that the obligor is, or may be, required to pay.

29  Notwithstanding the provisions of s. 145.022, 75 percent of

30  the additional revenues generated by this paragraph shall be

31  remitted monthly to the Clerk of the Court Child Support

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 1  Enforcement Collection System Trust Fund administered by the

 2  department as provided in subparagraph 2. These funds shall be

 3  used exclusively for the development, implementation, and

 4  operation of the Clerk of the Court Child Support Enforcement

 5  Collection System to be operated by the depositories,

 6  including the automation of civil case information necessary

 7  for the State Case Registry. The department shall contract

 8  with the Florida Association of Court Clerks and the

 9  depositories to design, establish, operate, upgrade, and

10  maintain the automation of the depositories to include, but

11  not be limited to, the provision of on-line electronic

12  transfer of information to the IV-D agency as otherwise

13  required by this chapter. The department's obligation to fund

14  the automation of the depositories is limited to the state

15  share of funds available in the Clerk of the Court Child

16  Support Enforcement Collection System Trust Fund. Each

17  depository created under this section shall fully participate

18  in the Clerk of the Court Child Support Enforcement Collection

19  System and transmit data in a readable format as required by

20  the contract between the Florida Association of Court Clerks

21  and the department.

22         2.  Moneys to be remitted to the department by the

23  depository shall be done daily by electronic funds transfer

24  and calculated as follows:

25         a.  For each support payment of less than $33, 18.75

26  cents.

27         b.  For each support payment between $33 and $140, an

28  amount equal to 18.75 percent of the fee charged.

29         c.  For each support payment in excess of $140, 18.75

30  cents.

31  

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 1         3.  The fees established by this section shall be set

 2  forth and included in every order of support entered by a

 3  court of this state which requires payment to be made into the

 4  depository.

 5         Section 46.  Section 125.69, Florida Statutes, as

 6  amended by section 80 of chapter 2003-402, Laws of Florida, is

 7  amended to read:

 8         125.69  Penalties; enforcement by code inspectors.--

 9         (1)  Violations of county ordinances shall be

10  prosecuted in the same manner as misdemeanors are prosecuted.

11  Such violations shall be prosecuted in the name of the state

12  county in a court having jurisdiction of misdemeanors by the

13  prosecuting attorney thereof and upon conviction shall be

14  punished by a fine not to exceed $500 or by imprisonment in

15  the county jail not to exceed 60 days or by both such fine and

16  imprisonment. However, a county may specify, by ordinance, a

17  violation of a county ordinance which is punishable by a fine

18  in an amount exceeding $500, but not exceeding $2,000 a day,

19  if the county must have authority to punish a violation of

20  that ordinance by a fine in an amount greater than $500 in

21  order for the county to carry out a federally mandated

22  program.

23         (2)  For the purpose of prosecuting violations of

24  special laws and county ordinances notwithstanding the

25  prosecutorial authority of the state attorney pursuant to s.

26  27.02(1), the board of county commissioners of each county and

27  the governing board of each charter county may designate as

28  the county's prosecuting attorney an attorney employed by the

29  county or a contract attorney. Subject to the control and

30  oversight of the appointing authority, such attorney may

31  employ assistants as necessary. Such person shall have all

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 1  powers exercisable by the state attorney in the prosecution of

 2  violations of county ordinances under this section as of June

 3  30, 2004. Such person shall be subject to suspension and

 4  removal by the Governor and Senate from the exercise of

 5  prosecutorial powers in the same manner as state attorneys.

 6         (2)(3)  Each county is authorized and required to pay

 7  any attorney appointed by the court to represent a defendant

 8  prosecuted under this section if the provision of an attorney

 9  at public expense is required by the Constitution of the

10  United States or the Constitution of the State of Florida and

11  if the party is indigent as established pursuant to s. 27.52.

12  In such cases, the court shall appoint counsel to represent

13  the defendant in accordance with s. 27.40, and shall order the

14  county to pay the reasonable fees, expenses, and costs of such

15  defense. The county may contract with the public defender of

16  the judicial circuit in which the county is located to provide

17  representation under this subsection.

18         (3)(4)  The county shall bear all court fees and costs

19  of any prosecution under this section, and may, if it

20  prevails, recover the court fees and costs paid by it and the

21  fees and expenses paid to court-appointed counsel as part of

22  its judgment. The state shall bear no expense of actions

23  brought under this section except those that it would bear in

24  an ordinary civil action between private parties in county

25  court.

26         (4)(5)  The board of county commissioners of each

27  county may designate its agents or employees as code

28  inspectors whose duty it is to assure code compliance. Any

29  person designated as a code inspector may issue citations for

30  violations of county codes and ordinances, respectively, or

31  

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 1  subsequent amendments thereto, when such code inspector has

 2  actual knowledge that a violation has been committed.

 3         (a)  Prior to issuing a citation, a code inspector

 4  shall provide notice to the violator that the violator has

 5  committed a violation of a code or ordinance and shall

 6  establish a reasonable time period within which the violator

 7  must correct the violation. Such time period shall be no more

 8  than 30 days. If, upon personal investigation, a code

 9  inspector finds that the violator has not corrected the

10  violation within the time period, a code inspector may issue a

11  citation to the violator. A code inspector does not have to

12  provide the violator with a reasonable time period to correct

13  the violation prior to issuing a citation and may immediately

14  issue a citation if the code inspector has reason to believe

15  that the violation presents a serious threat to the public

16  health, safety, or welfare, or if the violation is irreparable

17  or irreversible.

18         (b)  A citation issued by a code inspector shall state

19  the date and time of issuance, name and address of the person

20  in violation, date of the violation, section of the codes or

21  ordinances, or subsequent amendments thereto, violated, name

22  of the code inspector, and date and time when the violator

23  shall appear in county court.

24         (c)  If a repeat violation is found subsequent to the

25  issuance of a citation, the code inspector is not required to

26  give the violator a reasonable time to correct the violation

27  and may immediately issue a citation. For purposes of this

28  subsection, the term "repeat violation" means a violation of a

29  provision of a code or ordinance by a person who has

30  previously been found to have violated the same provision

31  

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 1  within 5 years prior to the violation, notwithstanding the

 2  violations occurred at different locations.

 3         (d)  If the owner of property which is subject to an

 4  enforcement proceeding before county court transfers ownership

 5  of such property between the time the initial citation or

 6  citations are issued and the date the violator has been

 7  summoned to appear in county court, such owner shall:

 8         1.  Disclose, in writing, the existence and the nature

 9  of the proceeding to the prospective transferee.

10         2.  Deliver to the prospective transferee a copy of the

11  pleadings, notices, and other materials relating to the county

12  court proceeding received by the transferor.

13         3.  Disclose, in writing, to the prospective transferee

14  that the new owner will be responsible for compliance with the

15  applicable code and with orders issued in the county court

16  proceeding.

17         4.  File a notice with the code enforcement official of

18  the transfer of the property, with the identity and address of

19  the new owner and copies of the disclosures made to the new

20  owner, within 5 days after the date of the transfer.

21  

22  A failure to make the disclosure described in subparagraphs

23  1., 2., and 3. before the transfer creates a rebuttable

24  presumption of fraud. If the property is transferred before

25  the date the violator has been summoned to appear in county

26  court, the proceeding shall not be dismissed but the new owner

27  will be substituted as the party of record and thereafter

28  provided a reasonable period of time to correct the violation

29  before the continuation of proceedings in county court.

30         (e)  If the code inspector has reason to believe a

31  violation or the condition causing the violation presents a

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 1  serious threat to the public health, safety, and welfare or if

 2  the violation is irreparable or irreversible in nature, or if

 3  after attempts under this section to bring a repeat violation

 4  into compliance with a provision of a code or ordinance prove

 5  unsuccessful, the local governing body may make all reasonable

 6  repairs which are required to bring the property into

 7  compliance and charge the owner with the reasonable cost of

 8  the repairs along with the fine imposed pursuant to this

 9  section. Making such repairs does not create a continuing

10  obligation on the part of the local governing body to make

11  further repairs or to maintain the property and does not

12  create any liability against the local governing body for any

13  damages to the property if such repairs were completed in good

14  faith.

15         (f)  Nothing in this subsection shall be construed to

16  authorize any person designated as a code inspector to perform

17  any function or duties of a law enforcement officer other than

18  as specified in this subsection. A code inspector shall not

19  make physical arrests or take any person into custody and

20  shall be exempt from requirements relating to the Special Risk

21  Class of the Florida Retirement System, bonding, and the

22  Criminal Justice Standards and Training Commission, as defined

23  and provided by general law.

24         (g)  The provisions of this subsection shall not apply

25  to the enforcement pursuant to ss. 553.79 and 553.80 of the

26  Florida Building Code adopted pursuant to s. 553.73 as applied

27  to construction, provided that a building permit is either not

28  required or has been issued by the county.

29         (h)  The provisions of this subsection may be used by a

30  county in lieu of the provisions of part II of chapter 162.

31  

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 1         (i)  The provisions of this subsection are additional

 2  or supplemental means of enforcing county codes and

 3  ordinances. Except as provided in paragraph (h), nothing in

 4  this subsection shall prohibit a county from enforcing its

 5  codes or ordinances by any other means.

 6         Section 47.  Subsection (3) of section 129.02, Florida

 7  Statutes, is amended to read:

 8         129.02  Requisites of budgets.--Each budget shall

 9  conform to the following specific directions and requirements:

10         (3)  The fine and forfeiture fund budget shall contain

11  an estimate of receipts by source and balances as provided

12  herein, and an itemized estimate of expenditures that need to

13  be incurred to carry on all criminal prosecution as provided

14  in s. 142.01, and all other law enforcement functions and

15  activities of the county now or hereafter authorized by law,

16  and of indebtedness of the fine and forfeiture fund; also of

17  the reserve for contingencies and the balance, as hereinbefore

18  provided, which should be carried forward at the end of the

19  year.

20         Section 48.  Section 142.01, Florida Statutes, as

21  amended by section 81 of chapter 2003-402, Laws of Florida, is

22  amended to read:

23         142.01  Fine and forfeiture fund.--There shall be

24  established by the clerk of the circuit court in each county

25  of this state a separate fund to be known as the fine and

26  forfeiture fund for use by the clerk of the circuit court in

27  performing court-related functions. The fund shall consist of

28  all fines and forfeitures collected by the clerk of the court

29  for violations of the penal or traffic laws of the state,

30  including criminal traffic violations, except those fines

31  imposed under s. 775.0835(1); allocations of court costs and

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 1  civil penalties pursuant to s. ss. 318.18 not otherwise

 2  provided for in s. 318.18(11)(a) and s. 318.21; assessments

 3  imposed under ss. 938.21, 938.23, and 938.25; and all costs

 4  refunded to the county.

 5         Section 49.  Subsection (3) of section 166.0415,

 6  Florida Statutes, is amended to read:

 7         166.0415  Enforcement by code inspectors; citations.--

 8         (3)  A citation issued by a code inspector shall state

 9  the date and time of issuance; name and address of the person

10  in violation; date of the violation; section of the codes or

11  ordinances, or subsequent amendments thereto, violated; name

12  of the code inspector; and date and time when the violator

13  shall appear in county court if the municipality has a

14  contract or other agreement with a state attorney for

15  representation.

16         Section 50.  Subsection (3) is added to section

17  218.245, Florida Statutes, to read:

18         218.245  Revenue sharing; apportionment.--

19         (3)  Revenues attributed to the increase in

20  distribution to the Revenue Sharing Trust Fund for

21  Municipalities pursuant to s. 212.20(6)(d)6. from 1.0715 to

22  1.3409 percent as provided in chapter 2003-402, Laws of

23  Florida, shall be distributed as follows: each eligible

24  municipality's allocation will be based on the amount it

25  received from the half-cent sales tax under s. 218.61 in the

26  prior state fiscal year divided by the total receipts under s.

27  218.61 in the prior state fiscal year for all eligible

28  municipalities. For eligible municipalities that began

29  participating in the allocation of half-cent sales tax under

30  s. 218.61 in the previous state fiscal year, their annual

31  receipts will be calculated by dividing their actual receipts

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 1  by the number of months they participated, and the result

 2  multiplied by 12.

 3         Section 51.  Subsection (10) of section 318.14, Florida

 4  Statutes, is amended to read:

 5         318.14  Noncriminal traffic infractions; exception;

 6  procedures.--

 7         (10)(a)  Any person cited for an offense listed under

 8  this subsection may, in lieu of payment of fine or court

 9  appearance, elect to enter a plea of nolo contendere and

10  provide proof of compliance to the clerk of the court or

11  authorized operator of a traffic violations bureau. In such

12  case, adjudication shall be withheld; however, no election

13  shall be made under this subsection if such person has made an

14  election under this subsection in the 12 months preceding

15  election hereunder.  No person may make more than three

16  elections under this subsection.  This subsection applies to

17  the following offenses:

18         1.  Operating a motor vehicle without a valid driver's

19  license in violation of the provisions of s. 322.03, s.

20  322.065, or s. 322.15(1), or operating a motor vehicle with a

21  license that which has been suspended for failure to appear,

22  failure to pay civil penalty, or failure to attend a driver

23  improvement course pursuant to s. 322.291.

24         2.  Operating a motor vehicle without a valid

25  registration in violation of s. 320.0605, s. 320.07, or s.

26  320.131.

27         3.  Operating a motor vehicle in violation of s.

28  316.646.

29         (b)  Any person cited for an offense listed in this

30  subsection shall present proof of compliance prior to the

31  scheduled court appearance date. For the purposes of this

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 1  subsection, proof of compliance shall consist of a valid,

 2  renewed, or reinstated driver's license or registration

 3  certificate and proper proof of maintenance of security as

 4  required by s. 316.646. Notwithstanding waiver of fine, any

 5  person establishing proof of compliance shall be assessed

 6  court costs of $22, except that a person charged with

 7  violation of s. 316.646(1)-(3) may be assessed court costs of

 8  $7. One dollar of such costs shall be remitted to the

 9  Department of Revenue for deposit into the Child Welfare

10  Training Trust Fund of the Department of Children and Family

11  Services. One dollar of such costs shall be distributed to the

12  Department of Juvenile Justice for deposit into the Juvenile

13  Justice Training Trust Fund. Twelve dollars of such costs

14  shall be distributed to the municipality and $8 shall be

15  deposited by the clerk into the fine and forfeiture fund

16  established pursuant to s. 142.01 retained by the county, if

17  the offense was committed within the municipality. If the

18  offense was committed in an unincorporated area of a county or

19  if the citation was for a violation of s. 316.646(1)-(3), the

20  county shall retain the entire amount shall be deposited by

21  the clerk into the fine and forfeiture fund established

22  pursuant to s. 142.01, except for the moneys to be deposited

23  into the Child Welfare Training Trust Fund and the Juvenile

24  Justice Training Trust Fund.  This subsection shall not be

25  construed to authorize the operation of a vehicle without a

26  valid driver's license, without a valid vehicle tag and

27  registration, or without the maintenance of required security.

28         Section 52.  Subsection (2) of section 318.15, Florida

29  Statutes, as amended by section 98 of chapter 2003-402, Laws

30  of Florida, is amended to read:

31  

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 1         318.15  Failure to comply with civil penalty or to

 2  appear; penalty.--

 3         (2)  After suspension of the driver's license and

 4  privilege to drive of a person under subsection (1), the

 5  license and privilege may not be reinstated until the person

 6  complies with all obligations and penalties imposed on him or

 7  her under s. 318.18 and presents to a driver license office a

 8  certificate of compliance issued by the court, together with a

 9  nonrefundable service charge fee of up to $47.50 $37.50

10  imposed under s. 322.29, or presents the certificate of

11  compliance and pays the aforementioned service charge fee of

12  up to $47.50 $37.50 to the clerk of the court or tax collector

13  clearing such suspension. Ten dollars of the fee collected by

14  the clerk of the court or tax collector shall be remitted to

15  the Department of Revenue to be deposited into the Highway

16  Safety Operating Trust Fund. Such person must shall also be in

17  compliance with requirements of chapter 322 prior to

18  reinstatement.

19         Section 53.  Subsections (8) and (11) of section

20  318.18, Florida Statutes, as amended by section 99 of chapter

21  2003-402, Laws of Florida, are amended, and subsection (13) is

22  added to that section, to read:

23         318.18  Amount of civil penalties.--The penalties

24  required for a noncriminal disposition pursuant to s. 318.14

25  are as follows:

26         (8)(a)  Any person who fails to comply with the court's

27  requirements or who fails to pay the civil penalties specified

28  in this section within the 30-day period provided for in s.

29  318.14 must pay an additional civil penalty of $18 $12, $2.50

30  of which must be remitted to the Department of Revenue for

31  deposit in the General Revenue Fund, $6 of which must be

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 1  deposited into the fine and forfeiture fund established

 2  pursuant to s. 142.01, and $9.50 of which must be remitted to

 3  the Department of Revenue for deposit in the Highway Safety

 4  Operating Trust Fund. The department shall contract with the

 5  Florida Association of Court Clerks, Inc., to design,

 6  establish, operate, upgrade, and maintain an automated

 7  statewide Uniform Traffic Citation Accounting System to be

 8  operated by the clerks of the court which shall include, but

 9  not be limited to, the accounting for traffic infractions by

10  type, a record of the disposition of the citations, and an

11  accounting system for the fines assessed and the subsequent

12  fine amounts paid to the clerks of the court. On or before

13  December 1, 2001, the clerks of the court must provide the

14  information required by this chapter to be transmitted to the

15  department by electronic transmission pursuant to the

16  contract.

17         (b)  Any person who fails to comply with the court's

18  requirements as to civil penalties specified in this section

19  due to demonstrable financial hardship shall be authorized to

20  satisfy such civil penalties by public works or community

21  service.  Each hour of such service shall be applied, at the

22  rate of the minimum wage, toward payment of the person's civil

23  penalties; provided, however, that if the person has a trade

24  or profession for which there is a community service need and

25  application, the rate for each hour of such service shall be

26  the average standard wage for such trade or profession. Any

27  person who fails to comply with the court's requirements as to

28  such civil penalties who does not demonstrate financial

29  hardship may also, at the discretion of the court, be

30  authorized to satisfy such civil penalties by public works or

31  community service in the same manner.

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 1         (c)  If the noncriminal infraction has caused or

 2  resulted in the death of another, the person who committed the

 3  infraction may perform 120 community service hours under s.

 4  316.027(4), in addition to any other penalties.

 5         (11)(a)  Court costs that are to be in addition to the

 6  stated fine must be paid in an amount not less than the

 7  following and shall be deposited by the clerk into the fine

 8  and forfeiture fund established pursuant to s. 142.01:

 9  

10  For pedestrian infractions................................$ 3.

11  For nonmoving traffic infractions........................$ 16.

12  For moving traffic infractions...........................$ 30.

13         (b)  Of the funds collected under paragraph (a), 50

14  cents for each infraction shall be distributed by the clerk to

15  the Florida Department of Law Enforcement for deposit in the

16  Criminal Justice Standards and Training Trust Fund.  Funds

17  received by the Department of Law Enforcement pursuant to this

18  section shall be distributed to criminal justice selection

19  centers or criminal justice access and assessment centers.

20         (c)  Of the funds collected under paragraph (a), $2.50

21  for each infraction shall be distributed by the clerk to the

22  county to help pay for criminal justice education and training

23  programs pursuant to s. 938.15. Funds from the distribution to

24  the county not directed by the county to fund these centers or

25  programs shall be retained by the clerk and used for funding

26  the court-related services of the clerk.

27         (d)(b)  In addition to the court cost required under

28  paragraph (a), a $3 court cost must be paid for each

29  infraction to be distributed as provided in s. 938.01 and a $2

30  court cost as provided in s. 938.15 when assessed by a

31  municipality or county.

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 1         (13)  Notwithstanding any law to the contrary, a board

 2  of county commissioners that imposed by ordinance increased

 3  fees or service charges under s. 28.2401, s. 28.241, or s.

 4  34.041 for the purpose of securing payment of the principal of

 5  and interest on bonds issued by the county before July 1,

 6  2003, to finance state court facilities may impose by

 7  ordinance a surcharge of up to $15 on any fine or forfeiture

 8  collected by the county for the violation of a traffic

 9  ordinance. Such surcharge shall not be waived by the court.

10  Revenue from the surcharge shall be used to pay the principal

11  of and interest on the bonds until the date of stated

12  maturity. The bonds may be refunded only if:

13         1.  Savings will be realized on payments of debt

14  service; and

15         2.  The refunding bonds are scheduled to mature on the

16  same date or before the bonds being refunded.

17         Section 54.  Paragraph (h) of subsection (2) and

18  subsections (3) and (11) of section 318.21, Florida Statutes,

19  as amended by section 100 of chapter 2003-402, Laws of

20  Florida, are amended to read:

21         318.21  Disposition of civil penalties by county

22  courts.--All civil penalties received by a county court

23  pursuant to the provisions of this chapter shall be

24  distributed and paid monthly as follows:

25         (2)  Of the remainder:

26         (h)  Fifteen percent must be deposited into the General

27  Revenue Fund.

28         (3)(a)  Moneys paid to a municipality or special

29  improvement district under subparagraph (2)(g)1. must be used

30  to fund local criminal justice training as provided in s.

31  938.15 when such a program is established by ordinance; to

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 1  fund a municipal school crossing guard training program; and

 2  for any other lawful purpose.

 3         (b)  Moneys paid to a county under subparagraph

 4  (2)(g)2. shall be used to fund local criminal justice training

 5  as provided in s. 938.15 when such a program is established by

 6  ordinance, to fund a county school crossing guard training

 7  program, and for any other lawful purpose.

 8         (11)(a)  A county or municipality may, by majority vote

 9  of its the governing board of the respective county or

10  municipality, impose a surcharge on parking fines for the sole

11  purpose of funding school crossing guard programs; however,

12  the governing body may set aside funds from this surcharge to

13  pay for startup costs and recurring administrative costs

14  related to printing new tickets or other means of implementing

15  the program. The surcharge must be authorized by ordinance

16  requiring public hearings.

17         (b)  The proceeds of this surcharge must be placed in a

18  trust fund established by the governing body of the county or

19  municipality called the School Crossing Guard Trust Fund.

20  Funds collected from this surcharge must be distributed

21  quarterly to fund the school crossing guard programs provided

22  in subsection (3).

23         (c)  If a county government is operating a school

24  crossing guard program in the exercise of its municipal

25  responsibilities, the county may, by majority vote of its

26  governing board, impose a countywide surcharge on parking

27  fines for the sole purpose of funding municipal school

28  crossing guard programs throughout the county; however, the

29  governing body may set aside funds from this surcharge to pay

30  for startup costs and recurring administrative costs related

31  to printing new tickets or other means of implementing the

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 1  program. The surcharge must be authorized by an ordinance

 2  requiring public hearings. This surcharge, established by the

 3  governing body of the county, must be placed in a trust fund

 4  called the School Crossing Guard Trust Fund. Funds collected

 5  from this surcharge must be distributed quarterly to

 6  jurisdictions to fund school crossing guard programs based on

 7  each jurisdiction's percentage of the school crossing guards

 8  in the county school district.

 9         Section 55.  Paragraph (a) of subsection (4) of section

10  321.05, Florida Statutes, is amended to read:

11         321.05  Duties, functions, and powers of patrol

12  officers.--The members of the Florida Highway Patrol are

13  hereby declared to be conservators of the peace and law

14  enforcement officers of the state, with the common-law right

15  to arrest a person who, in the presence of the arresting

16  officer, commits a felony or commits an affray or breach of

17  the peace constituting a misdemeanor, with full power to bear

18  arms; and they shall apprehend, without warrant, any person in

19  the unlawful commission of any of the acts over which the

20  members of the Florida Highway Patrol are given jurisdiction

21  as hereinafter set out and deliver him or her to the sheriff

22  of the county that further proceedings may be had against him

23  or her according to law.  In the performance of any of the

24  powers, duties, and functions authorized by law, members of

25  the Florida Highway Patrol shall have the same protections and

26  immunities afforded other peace officers, which shall be

27  recognized by all courts having jurisdiction over offenses

28  against the laws of this state, and shall have authority to

29  apply for, serve, and execute search warrants, arrest

30  warrants, capias, and other process of the court in those

31  matters in which patrol officers have primary responsibility

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 1  as set forth in subsection (1).  The patrol officers under the

 2  direction and supervision of the Department of Highway Safety

 3  and Motor Vehicles shall perform and exercise throughout the

 4  state the following duties, functions, and powers:

 5         (4)(a)  All fines and costs and the proceeds of the

 6  forfeiture of bail bonds and recognizances resulting from the

 7  enforcement of this chapter by patrol officers shall be paid

 8  into the fine and forfeiture fund established pursuant to s.

 9  142.01 of the county where the offense is committed.  In all

10  cases of arrest by patrol officers, the person arrested shall

11  be delivered forthwith by the said officer to the sheriff of

12  the county, or he or she shall obtain from such person

13  arrested a recognizance or, if deemed necessary, a cash bond

14  or other sufficient security conditioned for his or her

15  appearance before the proper tribunal of such county to answer

16  the charge for which he or she has been arrested; and all fees

17  accruing shall be taxed against the party arrested, which fees

18  are hereby declared to be part of the compensation of such

19  said sheriffs authorized to be fixed by the Legislature under

20  s. 5(c), Art. II of the State Constitution, to be paid such

21  sheriffs in the same manner as fees are paid for like services

22  in other criminal cases.  All patrol officers are hereby

23  directed to deliver all bonds accepted and approved by them to

24  the sheriff of the county in which the offense is alleged to

25  have been committed.  However, no sheriff shall be paid any

26  arrest fee for the arrest of a person for violation of any

27  section of chapter 316 when the arresting officer was

28  transported in a Florida Highway Patrol car to the vicinity

29  where the arrest was made; and no sheriff shall be paid any

30  fee for mileage for himself or herself or a prisoner for miles

31  traveled in a Florida Highway Patrol car.  No patrol officer

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 1  shall be entitled to any fee or mileage cost except when

 2  responding to a subpoena in a civil cause or except when such

 3  patrol officer is appearing as an official witness to testify

 4  at any hearing or law action in any court of this state as a

 5  direct result of his or her employment as a patrol officer

 6  during time not compensated as a part of his or her normal

 7  duties.  Nothing herein shall be construed as limiting the

 8  power to locate and to take from any person under arrest or

 9  about to be arrested deadly weapons. Nothing contained in this

10  section shall be construed as a limitation upon existing

11  powers and duties of sheriffs or police officers.

12         Section 56.  Subsections (4) and (11) of section

13  327.73, Florida Statutes, as amended by section 103 of chapter

14  2003-402, Laws of Florida, are amended to read:

15         327.73  Noncriminal infractions.--

16         (4)  Any person charged with a noncriminal infraction

17  under this section may:

18         (a)  Pay the civil penalty, either by mail or in

19  person, within 30 days of the date of receiving the citation;

20  or,

21         (b)  If he or she has posted bond, forfeit bond by not

22  appearing at the designated time and location.

23  

24  If the person cited follows either of the above procedures, he

25  or she shall be deemed to have admitted the noncriminal

26  infraction and to have waived the right to a hearing on the

27  issue of commission of the infraction.  Such admission shall

28  not be used as evidence in any other proceedings. If a person

29  who is cited for a violation of s. 327.395 can show a boating

30  safety identification card issued to that person and valid at

31  the time of the citation, the clerk of the court may dismiss

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 1  the case and may assess a $5 dismissal fee of up to $7.50. If

 2  a person who is cited for a violation of s. 328.72(13) can

 3  show proof of having a registration for that vessel which was

 4  valid at the time of the citation, the clerk may dismiss the

 5  case and may assess a $5 dismissal fee of up to $7.50.

 6         (11)(a)  Court costs that are to be in addition to the

 7  stated civil penalty shall be imposed by the court in an

 8  amount not less than the following:

 9         1.  For swimming or diving infractions, up to $4.50 $3.

10         2.  For nonmoving boating infractions, up to $9 $6.

11         3.  For boating infractions listed in s. 327.731(1), up

12  to $15 $10.

13         (b)  In addition to the court cost required assessed

14  under paragraph (a), the court shall impose a $3 court cost

15  must be paid for each noncriminal infraction, to be

16  distributed as provided in s. 938.01, and a $2 court cost as

17  provided in s. 938.15 when assessed by a municipality or

18  county.

19  

20  Court costs imposed under this subsection may not exceed $45

21  $30.  A criminal justice selection center or both local

22  criminal justice access and assessment centers may be funded

23  from these court costs.

24         Section 57.  Subsection (1) of section 372.72, Florida

25  Statutes, is amended to read:

26         372.72  Disposition of fines, penalties, and

27  forfeitures.--

28         (1)  All moneys collected from fines, penalties, or

29  forfeitures of bail of persons convicted under this chapter

30  shall be deposited in the fine and forfeiture fund established

31  pursuant to s. 142.01 of the county where such convictions are

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 1  had, except for the disposition of moneys as provided in

 2  subsection (2).

 3         Section 58.  Section 382.023, Florida Statutes, as

 4  amended by section 104 of chapter 2003-402, Laws of Florida,

 5  is amended to read:

 6         382.023  Department to receive dissolution-of-marriage

 7  records; fees.--Clerks of the circuit courts shall collect for

 8  their services at the time of the filing of a final judgment

 9  of dissolution of marriage a fee of up to $10.50, of which 43

10  percent shall be retained by the clerk of the circuit court as

11  a part of the cost in the cause in which the judgment is

12  granted. The remaining 57 percent shall be remitted to the

13  Department of Revenue for deposit to the Department of Health

14  to defray part of the cost of maintaining the

15  dissolution-of-marriage records. A record of each and every

16  judgment of dissolution of marriage granted by the court

17  during the preceding calendar month, giving names of parties

18  and such other data as required by forms prescribed by the

19  department, shall be transmitted to the department, on or

20  before the 10th day of each month, along with an accounting of

21  the funds remitted to the Department of Revenue pursuant to

22  this section.

23         Section 59.  Subsection (2) of section 384.288, Florida

24  Statutes, is amended to read:

25         384.288  Fees and other compensation; payment by board

26  of county commissioners.--

27         (2)  All court-related fees, mileage, and charges shall

28  be taxed by the court as costs in each proceeding and shall be

29  paid by the board of county commissioners out of the general

30  fund or fine and forfeiture fund of the county.

31  

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 1         Section 60.  Subsection (2) of section 392.68, Florida

 2  Statutes, is amended to read:

 3         392.68  Fees and other compensation.--

 4         (2)  All fees, mileage, and charges shall be taxed by

 5  the court as costs in each proceeding and shall be paid by the

 6  board of county commissioners out of the general funds or the

 7  fine and forfeiture funds of the county.

 8         Section 61.  Section 394.473, Florida Statutes, as

 9  amended by section 107 of chapter 2003-402, Laws of Florida,

10  is amended to read:

11         394.473  Attorney's fee; expert witness fee.--

12         (1)  In case of the indigence of any person for whom an

13  attorney is appointed pursuant to the provisions of this part,

14  the attorney shall be entitled to a reasonable fee to be

15  determined by the court and paid pursuant to chapter 29 from

16  the general fund of the county from which the patient was

17  involuntarily detained. In case of the indigence of any such

18  person, the court may appoint a public defender. The public

19  defender shall receive no additional compensation other than

20  that usually paid his or her office.

21         (2)  In case of the indigence of any person for whom

22  expert testimony is required in a court hearing pursuant to

23  the provisions of this act, the expert, except one who is

24  classified as a full-time employee of the state or who is

25  receiving remuneration from the state for his or her time in

26  attendance at the hearing, shall be entitled to a reasonable

27  fee to be determined by the court and paid pursuant to chapter

28  29 from the general fund of the county from which the patient

29  was involuntarily detained.

30  

31  

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 1         Section 62.  Subsection (1) of section 395.3025,

 2  Florida Statutes, as amended by section 108 of chapter

 3  2003-402, Laws of Florida, is amended to read:

 4         395.3025  Patient and personnel records; copies;

 5  examination.--

 6         (1)  Any licensed facility shall, upon written request,

 7  and only after discharge of the patient, furnish, in a timely

 8  manner, without delays for legal review, to any person

 9  admitted therein for care and treatment or treated thereat, or

10  to any such person's guardian, curator, or personal

11  representative, or in the absence of one of those persons, to

12  the next of kin of a decedent or the parent of a minor, or to

13  anyone designated by such person in writing, a true and

14  correct copy of all patient records, including X rays, and

15  insurance information concerning such person, which records

16  are in the possession of the licensed facility, provided the

17  person requesting such records agrees to pay a charge. The

18  exclusive charge for copies of patient records may include

19  sales tax and actual postage, and, except for nonpaper records

20  that which are subject to a charge not to exceed $2 as

21  provided in s. 28.24(6)(c), may not exceed $1 per page, as

22  provided in s. 28.24(5)(a). A fee of up to $1 may be charged

23  for each year of records requested. These charges shall apply

24  to all records furnished, whether directly from the facility

25  or from a copy service providing these services on behalf of

26  the facility. However, a patient whose records are copied or

27  searched for the purpose of continuing to receive medical care

28  is not required to pay a charge for copying or for the search.

29  The licensed facility shall further allow any such person to

30  examine the original records in its possession, or microforms

31  or other suitable reproductions of the records, upon such

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 1  reasonable terms as shall be imposed to assure that the

 2  records will not be damaged, destroyed, or altered.

 3         Section 63.  Subsection (5) of section 397.334, Florida

 4  Statutes, as amended by section 109 of chapter 2003-402, Laws

 5  of Florida, is amended to read:

 6         397.334  Treatment-based drug court programs.--

 7         (5)  If a county chooses to fund a treatment-based drug

 8  court program, the county must secure funding from sources

 9  other than the state for those costs not otherwise assumed by

10  the state pursuant to s. 29.004. This does not prohibit the

11  counties from using treatment and other service dollars

12  provided to them by other state executive agencies or grant

13  funds that may become available for the funding of drug

14  courts. Counties may provide, by interlocal agreement, for the

15  collective funding of these programs.

16         Section 64.  Subsection (4) of section 588.20, Florida

17  Statutes, is amended to read:

18         588.20  Report of sale and disposition of proceeds.--

19         (4)  If the amount realized from the sale or other

20  disposition of the animal is insufficient to pay all fees,

21  costs and expenses as provided in ss. 588.12-588.25, the

22  deficit shall be paid by the county from its fine and

23  forfeiture fund.

24         Section 65.  Subsection (1) of section 713.24, Florida

25  Statutes, as amended by section 111 of chapter 2003-402, Laws

26  of Florida, is amended to read:

27         713.24  Transfer of liens to security.--

28         (1)  Any lien claimed under this part may be

29  transferred, by any person having an interest in the real

30  property upon which the lien is imposed or the contract under

31  

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 1  which the lien is claimed, from such real property to other

 2  security by either:

 3         (a)  Depositing in the clerk's office a sum of money,

 4  or

 5         (b)  Filing in the clerk's office a bond executed as

 6  surety by a surety insurer licensed to do business in this

 7  state,

 8  

 9  either to be in an amount equal to the amount demanded in such

10  claim of lien, plus interest thereon at the legal rate for 3

11  years, plus $1,000 or 25 percent of the amount demanded in the

12  claim of lien, whichever is greater, to apply on any

13  attorney's fees and court costs that may be taxed in any

14  proceeding to enforce said lien. Such deposit or bond shall be

15  conditioned to pay any judgment or decree which may be

16  rendered for the satisfaction of the lien for which such claim

17  of lien was recorded.  Upon making such deposit or filing such

18  bond, the clerk shall make and record a certificate showing

19  the transfer of the lien from the real property to the

20  security and shall mail a copy thereof by registered or

21  certified mail to the lienor named in the claim of lien so

22  transferred, at the address stated therein.  Upon filing the

23  certificate of transfer, the real property shall thereupon be

24  released from the lien claimed, and such lien shall be

25  transferred to said security. In the absence of allegations of

26  privity between the lienor and the owner, and subject to any

27  order of the court increasing the amount required for the lien

28  transfer deposit or bond, no other judgment or decree to pay

29  money may be entered by the court against the owner. The clerk

30  shall be entitled to a service charge fee for making and

31  serving the certificate, in the sum of $10.  If the

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 1  transaction involves the transfer of multiple liens, an

 2  additional charge of $5 for each additional lien shall be

 3  charged.  For recording the certificate and approving the

 4  bond, the clerk shall receive her or his usual statutory

 5  service charges as prescribed in s. 28.24. Any number of liens

 6  may be transferred to one such security.

 7         Section 66.  Section 721.83, Florida Statutes, as

 8  amended by section 112 of chapter 2003-402, Laws of Florida,

 9  is amended to read:

10         721.83  Consolidation of foreclosure actions.--

11         (1)  A complaint in a foreclosure proceeding involving

12  timeshare estates may join in the same action multiple

13  defendant obligors and junior interestholders of separate

14  timeshare estates, provided:

15         (a)  The foreclosure proceeding involves a single

16  timeshare property;

17         (b)  The foreclosure proceeding is filed by a single

18  plaintiff;

19         (c)  The default and remedy provisions in the written

20  instruments on which the foreclosure proceeding is based are

21  substantially the same for each defendant; and

22         (d)  The nature of the defaults alleged is the same for

23  each defendant.

24         (2)  In any foreclosure proceeding involving multiple

25  defendants filed under subsection (1), the court shall sever

26  for separate trial any count of the complaint in which a

27  defense or counterclaim is timely raised by a defendant.

28         (3)  The clerk of court shall require a plaintiff to

29  pay separate filing fees and service charges as provided by

30  general law for each single timeshare property defendant in a

31  

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 1  consolidated foreclosure action filed pursuant to this

 2  section.

 3         Section 67.  Subsection (6) of section 744.365, Florida

 4  Statutes, as amended by section 115 of chapter 2003-402, Laws

 5  of Florida, is amended to read:

 6         744.365  Verified inventory.--

 7         (6)  AUDIT FEE.--

 8         (a)  Where the value of the ward's property exceeds

 9  $25,000, a guardian shall pay from the ward's property to the

10  clerk of the circuit court a fee of up to $75, upon the filing

11  of the verified inventory, for the auditing of the inventory.

12  Upon petition by the guardian, the court may waive the

13  auditing fee upon a showing of insufficient funds in the

14  ward's estate. Any guardian unable to pay the auditing fee may

15  petition the court for waiver of the fee. The court may waive

16  the fee after it has reviewed the documentation filed by the

17  guardian in support of the waiver.

18         (b)  An audit fee may not be charged to any ward whose

19  property has a value of less than $25,000. In such case, the

20  audit fee must be paid from the general fund of the county in

21  which the guardianship proceeding is conducted.

22         Section 68.  Subsection (4) of section 744.3678,

23  Florida Statutes, as amended by section 116 of chapter

24  2003-402, Laws of Florida, is amended to read:

25         744.3678  Annual accounting.--

26         (4)  The guardian shall pay from the ward's estate to

27  the clerk of the circuit court a fee based upon the following

28  graduated fee schedule, upon the filing of the annual

29  financial return, for the auditing of the return:

30         (a)  For estates with a value of $25,000 or less the

31  clerk of the court may charge a fee of up to $15.

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 1         (b)  For estates with a value of more than $25,000 up

 2  to and including $100,000 the clerk of the court may charge a

 3  fee of up to $75.

 4         (c)  For estates with a value of more than $100,000 up

 5  to and including $500,000 the clerk of the court may charge a

 6  fee of up to $150.

 7         (d)  For estates with a value in excess of $500,000 the

 8  clerk of the court may charge a fee of up to $225.

 9  

10  Upon petition by the guardian, the court may waive the

11  auditing fee upon a showing of insufficient funds in the

12  ward's estate. Any guardian unable to pay the auditing fee may

13  petition the court for a waiver of the fee. The court may

14  waive the fee after it has reviewed the documentation filed by

15  the guardian in support of the waiver.

16         Section 69.  Subsection (2) of section 766.104, Florida

17  Statutes, is amended to read:

18         766.104  Pleading in medical negligence cases; claim

19  for punitive damages; authorization for release of records for

20  investigation.--

21         (2)  Upon petition to the clerk of the court where the

22  suit will be filed and payment to the clerk of a filing fee,

23  not to exceed $37.50 $25, established by the chief judge, an

24  automatic 90-day extension of the statute of limitations shall

25  be granted to allow the reasonable investigation required by

26  subsection (1). This period shall be in addition to other

27  tolling periods. No court order is required for the extension

28  to be effective.  The provisions of this subsection shall not

29  be deemed to revive a cause of action on which the statute of

30  limitations has run.

31  

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 1         Section 70.  Section 849.19, Florida Statutes, is

 2  amended to read:

 3         849.19  Property rights in confiscated machine.--The

 4  right of property in and to any machine, apparatus or device

 5  as defined in s. 849.16 and to all money and other things of

 6  value therein, is declared not to exist in any person, and the

 7  same shall be forfeited and such money or other things of

 8  value shall be forfeited to the county in which the seizure

 9  was made and shall be delivered forthwith to the clerk of the

10  circuit court and shall by her or him be placed in the fine

11  and forfeiture fund established pursuant to s. 142.01 of said

12  county.

13         Section 71.  Section 849.22, Florida Statutes, is

14  amended to read:

15         849.22  Fees of clerk of circuit court and

16  sheriff.--The clerks of the courts and the sheriffs performing

17  duties under the provisions of ss. 849.15-849.23 shall receive

18  the same fees as prescribed by general law for the performance

19  of similar duties, and such fees shall be paid by out of the

20  fine and forfeiture fund of the county as costs are paid upon

21  conviction of an insolvent person.

22         Section 72.  Section 849.44, Florida Statutes, is

23  amended to read:

24         849.44  Disposition of proceeds of forfeiture.--All

25  sums received from a sale or other disposition of the seized

26  property shall be paid into the county fine and forfeiture

27  fund established pursuant to s. 142.01 and shall become a part

28  thereof; provided, however, that in instances where the

29  seizure is by a municipal police officer within the limits of

30  any municipality having an ordinance requiring such vehicles,

31  vessels or conveyances to be forfeited, the city attorney

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 1  shall act in behalf of the city in lieu of the state attorney

 2  and shall proceed to forfeit the property as herein provided,

 3  and all sums received therefrom shall go into the general

 4  operating fund of the city.

 5         Section 73.  Subsection (3) of section 903.26, Florida

 6  Statutes, is amended to read:

 7         903.26  Forfeiture of the bond; when and how directed;

 8  discharge; how and when made; effect of payment.--

 9         (3)  Sixty days after the forfeiture notice has been

10  mailed:

11         (a)  State and county officials having custody of

12  forfeited money shall deposit the money in the county fine and

13  forfeiture fund established pursuant to s. 142.01;

14         (b)  Municipal officials having custody of forfeited

15  money shall deposit the money in a designated municipal fund;

16         (c)  Officials having custody of bonds as authorized by

17  s. 903.16 shall transmit the bonds to the clerk of the circuit

18  court who shall sell them at market value and disburse the

19  proceeds as provided in paragraphs (a) and (b).

20         Section 74.  Section 925.09, Florida Statutes, is

21  amended to read:

22         925.09  Authority of state attorney to order

23  autopsies.--The state attorney may have an autopsy performed,

24  before or after interment, on a dead body found in the county

25  when she or he decides it is necessary in determining whether

26  or not death was the result of a crime. Physicians performing

27  the autopsy shall be paid reasonable fees by from the county

28  fine and forfeiture fund upon the approval of the county

29  commission and the state attorney ordering the autopsy.

30         Section 75.  Section 938.17, Florida Statutes, is

31  amended to read:

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 1         938.17  County delinquency prevention.--

 2         (1)  JUVENILE ASSESSMENT CENTERS AND SCHOOL BOARD

 3  SUSPENSION PROGRAMS.--

 4         (a)(1)  A county may adopt a mandatory cost to be

 5  assessed in specific cases by incorporating by reference the

 6  provisions of this subsection section in a county ordinance.

 7  Prior to the adoption of the county ordinance, the sheriff's

 8  office of the county must be a partner in a written agreement

 9  with the Department of Juvenile Justice to participate in a

10  juvenile assessment center or with the district school board

11  to participate in a suspension program.

12         (b)(2)  In counties in which the sheriff's office is a

13  partner in a juvenile assessment center under pursuant to s.

14  985.209, or a partner in a suspension program developed in

15  conjunction with the district school board in the county of

16  the sheriff's jurisdiction, the court shall assess court costs

17  of $3 per case, in addition to any other authorized cost or

18  fine, on every person who, with respect to a charge,

19  indictment, prosecution commenced, or petition of delinquency

20  filed in that county or circuit, pleads guilty, nolo

21  contendere to, or is convicted of, or adjudicated delinquent

22  for, or has an adjudication withheld for, a felony or

23  misdemeanor, or a criminal traffic offense or handicapped

24  parking violation under state law, or a violation of any

25  municipal or county ordinance, if the violation constitutes a

26  misdemeanor under state law.

27         (c)1.(3)(a)  The clerks of the county and circuit

28  court, in a county where the sheriff's office is a partner in

29  an assessment center or suspension program as specified in

30  paragraph (a) subsection (1), shall collect and deposit the

31  assessments collected under pursuant to this subsection

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 1  section in an appropriate, designated account established by

 2  the clerk of the court, for disbursement to the sheriff as

 3  needed for the implementation and operation of an assessment

 4  center or suspension program.

 5         2.(b)  The clerk of the circuit and county court shall

 6  withhold 5 percent of the assessments each court collects

 7  under pursuant to this subsection section, for the costs of

 8  administering the collection of assessments under this

 9  section.

10         3.(c)  Assessments collected by clerks of the circuit

11  courts comprised of more than one county shall remit the funds

12  collected under pursuant to this subsection section to the

13  county in which the offense at issue was committed for deposit

14  and disbursement according to this subsection section.

15         4.(d)  Any other funds the sheriff's office obtains for

16  the implementation or operation of an assessment center or

17  suspension program may be deposited into the designated

18  account for disbursement to the sheriff as needed.

19         (d)(4)  A sheriff's office that receives the cost

20  assessments established in paragraph (a) subsection (1) shall

21  account for all funds that have been deposited into the

22  designated account by August 1 annually in a written report to

23  the juvenile justice county council if funds are used for

24  assessment centers, and to the district school board if funds

25  are used for suspension programs.

26         (2)  TEEN COURTS; OPERATION AND ADMINISTRATION.--

27         (a)  Notwithstanding s. 318.121, in each county in

28  which a teen court has been created, the board of county

29  commissioners may adopt a mandatory cost to be assessed in

30  specific cases by incorporating by reference the provisions of

31  this subsection in a county ordinance. Assessments collected

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 1  by the clerk of the circuit court under this subsection shall

 2  be deposited into an account specifically for the operation

 3  and administration of the teen court or other juvenile

 4  delinquency prevention programs.

 5         (b)  A sum of $3 shall be assessed as a court cost in

 6  the circuit and county court in the county against each person

 7  who pleads guilty or nolo contendere to, or is convicted of,

 8  regardless of adjudication, a violation of a criminal law or a

 9  municipal ordinance or county ordinance or who pays a fine or

10  civil penalty for any violation of chapter 316. Any person

11  whose adjudication is withheld under s. 318.14(9) or (10)

12  shall also be assessed the cost.

13         (c)  The $3 assessment for court costs shall be

14  assessed in addition to any fine or civil penalty or other

15  court cost and may not be deducted from the proceeds of that

16  portion of any fine or civil penalty which is received by a

17  municipality in the county or by the county in accordance with

18  ss. 316.660 and 318.21. The $3 assessment shall be

19  specifically added to any civil penalty paid for a violation

20  of chapter 316, regardless of whether the penalty is paid by

21  mail, paid in person without request for a hearing, or paid

22  after hearing and determination by the court. However, the $3

23  assessment may not be made against a person for a violation of

24  any state law, county ordinance, or municipal ordinance

25  relating to the parking of vehicles, with the exception of a

26  violation of the handicapped parking laws.

27         (d)1.  The clerk of the circuit court shall collect the

28  $3 assessments for court costs established in this subsection

29  and shall remit the assessments to the teen court or other

30  juvenile delinquency prevention program monthly.

31  

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 1         2.  The clerk of the circuit court shall withhold 5

 2  percent of the assessments collected, which shall be retained

 3  as fee income of the office of the clerk of the circuit court.

 4         (e)  A teen court that receives the cost assessments

 5  established by the adopted county ordinance must account for

 6  all funds that have been deposited into the designated account

 7  in a written report to the board of county commissioners. The

 8  report must be given to the commissioners by August 1 of each

 9  year or by a date required by the commissioners.

10         (f)  A teen court may be administered by a nonprofit

11  organization, a law enforcement agency, the court

12  administrator, the clerk of the court, or another similar

13  agency authorized by the board of county commissioners.

14         Section 76.  Subsection (4) of section 938.29, Florida

15  Statutes, is amended to read:

16         938.29  Legal assistance; lien for payment of

17  attorney's fees or costs.--

18         (4)  The clerk of the circuit court of the county

19  claiming such debt or lien may pursue collection on the debt

20  or lien remaining unpaid for 90 days or more or refer such

21  collection to a private attorney who is a member in good

22  standing of The Florida Bar or a collection agent who in

23  registered and in good standing pursuant to chapter 559. In

24  pursuing the collection of such unpaid financial obligations

25  through a private attorney or collection agent, the clerk of

26  the circuit court must determine this is cost-effective and

27  follow applicable procurement practices. The cost of

28  collection, including a reasonable attorney's fee, may be

29  recovered by adding the cost and fee to the balance owed,

30  except that such fee and cost may not exceed 40 percent of the

31  balance owed. The clerk of the county claiming such lien is

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 1  authorized to contract with a private attorney or collection

 2  agency for collection of such debts or liens, provided the fee

 3  for such collection shall be on a contingent basis not to

 4  exceed 50 percent of the recovery. However, no fee shall be

 5  paid to any collection agency by reason of foreclosure

 6  proceedings against real property or from the proceeds from

 7  the sale or other disposition of real property.

 8         Section 77.  Section 938.35, Florida Statutes, is

 9  amended to read:

10         938.35  Collection of court-related financial

11  obligations.--The board of county commissioners may pursue the

12  collection of any fines, court costs, or other costs to which

13  it is entitled which remain unpaid for 90 days or more, or

14  refer such collection to a private attorney who is a member in

15  good standing of The Florida Bar or collection agent who is

16  registered and in good standing pursuant to chapter 559. In

17  pursuing the collection of such unpaid financial obligations

18  through a private attorney or collection agent, the board of

19  county commissioners must determine this is cost-effective and

20  follow applicable procurement practices. The cost of

21  collection, including a reasonable attorney's fee, may be

22  recovered by adding the cost and fee to the balance owed,

23  except that such fee and cost may not exceed 40 percent of the

24  balance owed.

25         Section 78.  Section 939.18, Florida Statutes, is

26  amended to read:

27         939.18  Assessment of additional court costs for legal

28  aid programs, public law libraries, and court facilities.--

29         (1)(a)  When a person pleads guilty or nolo contendere

30  to, or is found guilty of, any felony, misdemeanor, or

31  criminal traffic offense under the laws of this state, the

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 1  court may assess an additional court cost, not to exceed $150.

 2  Such additional assessment shall be accounted for separately

 3  by the county in which the offense occurred, to be used for

 4  funding legal aid programs and public law libraries and for

 5  providing and maintaining court facilities under rules adopted

 6  by the Administration Commission. The Administration

 7  Commission shall adopt rules to implement this subsection

 8  which prescribe the methods of expenditure, the permissible

 9  purposes of expenditure, the investment requirements, and the

10  accounting and reporting requirements to be enforced by each

11  county as to the funds collected.

12         (b)  The court may order a person to pay the additional

13  court cost if it finds that the person has the ability to pay

14  the additional assessment and will not be prevented thereby

15  from making restitution or other compensation to victims which

16  is authorized by law or from paying child support.

17         (2)  The clerk of court shall annually prepare a

18  financial report detailing the amount of court costs assessed

19  and received and the expenditures and earnings from the

20  investment of such funds. This report must be submitted to the

21  board of county commissioners, the chief judge of the judicial

22  circuit in which the county is situated, and the

23  Administration Commission.

24         Section 79.  Cost sharing of due-process-related costs;

25  legislative intent.--It is the intention of the Legislature to

26  provide state funded due process related services to the state

27  court system, the state attorneys, the public defenders and

28  court appointed conflict counsel, in the most cost effective

29  and efficient manner. It is therefore appropriate to provide

30  the state court system, the state attorneys, the public

31  defenders and court appointed conflict counsel with the

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 1  ability to share the costs associated with these due process

 2  costs by cost reimbursement and contract.

 3         (1)  The state court system, the state attorneys, the

 4  public defenders, and court-appointed conflict counsel may

 5  enter into contractual agreements to share, pro rata, the

 6  costs associated with court reporting services, foreign

 7  language translators and interpreters, court experts, and all

 8  other due-process-related costs. Such costs shall be budgeted

 9  within the appropriation for each of the affected users of

10  services.

11         (2)  For the purposes of this section,

12  due-process-related costs are those that are provided by the

13  state to ensure access to court and the protection of the

14  constitutional rights of litigants without regard to the

15  ability to pay for those services.

16         Section 80.  Payment of costs associated with certain

17  trial court services.--

18         (1)(a)  Whenever a trial court makes state-funded goods

19  or services available to all litigants, the trial court

20  administrator of the circuit shall recover the reasonable cost

21  of those services from persons who have the ability to pay.

22         (b)  Costs that are collected by the trial court

23  administrator under this section shall be deposited into the

24  judicial branch grants and donations trust fund to be used for

25  actual expenses incurred in providing trial-court services

26  pursuant to this section, which may include the salaries of

27  permanent employees.

28         (c)  The reasonable cost of goods or services and the

29  implementation of the provisions of this section shall be

30  determined by the Trial Court Budget Commission.

31  

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 1         (2)(a)  Whenever a county makes goods or services

 2  available to all litigants as a part of the local requirements

 3  funded by the county, the county may charge and collect fees

 4  for those goods and services from persons who have the ability

 5  to pay.

 6         (b)  The chief judge of the circuit shall determine the

 7  fees to be paid for such goods and services deemed local

 8  requirements.

 9         Section 81.  The Division of Statutory Revision of the

10  Office of Legislative Services is requested to redesignate, in

11  the next edition of the Florida Statutes, the title of chapter

12  40, Florida Statutes, from "Jurors and Payment of Jurors and

13  Witnesses" to "Juries; Payment of Jurors and Due Process

14  Costs."

15         Section 82.  Billing submitted for payment of due

16  process services, including, but not limited to, court

17  reporter services, court interpreter services, expert witness

18  services, mental health evaluations, and court appointed

19  counsel services must be paid by the counties if the services

20  were rendered before July 1, 2004. Counties must also pay for

21  the entire cost of any flat-fee-per-case payment pursuant to a

22  contract or professional services agreement with

23  court-appointed counsel for appointments made before July 1,

24  2004, regardless of whether work on the case is actually

25  concluded prior to July 1, 2004. Except for the flat-fee

26  contracts with court-appointed counsel, billings for services

27  on any case that commenced prior to July 1, 2004, but

28  continues past July 1, 2004, must be submitted with an

29  itemized listing of payment due for services rendered before

30  July 1, 2004, and on or after July 1, 2004. The county shall

31  pay the portion of the bill for services rendered before July

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    Florida Senate - 2004                           CS for SB 2962
    308-2282-04




 1  1, 2004, and provide a copy of the itemized bill to the

 2  Justice Administrative Commission or the Office of State

 3  Courts Administrator as appropriate for payment of the portion

 4  of the bill for services provided on or after July 1, 2004.

 5         Section 83.  On July 1, 2004, all cash balances within

 6  county funds previously established to provide dedicated

 7  funding to benefit specific court-related programs shall be

 8  used to fund such programs after July 1, 2004, until those

 9  funds are depleted.

10         Section 84.  Sections 11.75 and 40.30, Florida

11  Statutes, are repealed.

12         Section 85.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                           CS for SB 2962
    308-2282-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2962

 3                                 

 4  
    Creates the Judicial Information Integration Competency Center
 5       and provides for its composition and purpose.

 6  Revises fees, service charges, and costs relating to the
         following:
 7  
    -    Provides exemptions to filing fees in certain reopened
 8       cases;

 9  -    Expands list of court entities exempt from paying clerk
         service charges and fees;
10  
    -    Authorizes a service charge for certain publications of
11       court filings;

12  -    Requires clerks to distribute moneys electronically to
         certain entities;
13  
    -    Authorizes clerks to collect service charge for partial
14       payments;

15  -    Modifies requirements for the clerk in reporting court
         assessments and collections;
16  
    -    Increases Court Education Trust Fund fees;
17  
    -    Increases surcharge amount a county may impose to pay off
18       bonds for court facilities, if the bonds formerly were
         secured by court fees. Only applies to counties which had
19       secured bonds in this way before July 1, 2003; prohibits
         the court from waiving additional surcharges;
20  
    -    Increases filing fee in Supreme Court and District Court
21       of Appeal cases;

22  -    Authorizes courts to charge fee for mediation services;

23  -    Makes permanent a fee increase in certain child support
         cases;
24  
    -    Clarifies that court reporting services provided through
25       state employee models are not subject to fees and methods
         established by circuit Article V indigent services
26       committees;

27  -    Provides that inventory and financial return audit fee in
         guardianship cases may be waived only upon a showing of
28       insufficient fund in ward's estate; and,

29  -    Provides for additional court cost to pay for legal aid
         programs and local public law libraries.
30  
    Specifies payments by the following entities:
31  
    -    Requires clerks to pay for jurors and ordinary witnesses,
                                 130

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    Florida Senate - 2004                           CS for SB 2962
    308-2282-04




 1       Justice Administrative Commission to pay for expert
         witnesses, court reporters, interpreters and
 2       court-appointed counsel;

 3  -    Clarifies that counties additionally pay for sign
         language interpretation, along with other auxiliary aids
 4       in certain cases;

 5  -    Authorizes counties to use certain funds for drug court
         treatment program;
 6  
    -    Authorizes county to impose an assessment for court costs
 7       through local ordinance to fund teen court programs and
         juvenile delinquency prevention programs;
 8  
    -    Authorizes courts, state attorneys, public defenders, and
 9       court-appointed conflict counsel to enter into
         contractual agreements to share certain due-process
10       related costs;

11  -    Authorizes court to recover reasonable costs of
         state-funded services;
12  
    -    Requires that certain cash balances within county funds
13       shall continue to fund certain programs such as teen
         court programs until funds run out;
14  
    -    Authorizes state attorney to expend state funds for
15       certain computer systems;

16  -    Requires the State to pay for statewide prosecutor trial
         expenses and witness costs in certain cases; and,
17  
    -    Clarifies that counties must provide equipment and
18       furnishings for facilities occupied by courts, state
         attorneys, and public defenders, and additionally pay for
19       specified communications equipment and maintenance.

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